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Council Actions 05-16-16
LEA 40502 - 051616 ROANOKE CITY COUNCIL REGULAR SESSION MAY 16, 2016 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order - -Roll Cell. Mayor Bowers was absent. Council Members Lea and Rosen arrived late. The Invocation was delivered by The Reverend Stephen R. Lamb, Pastor, Grace and Truth Baptist Church. 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. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel on Thursday, May 19 at 7:00 p.m., and Saturday, May 21 at 4:00 p.m.; and video streamed by Internetthrough CivicPlus, atroanokeva .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 THURSDAYPRIORTO 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 BY THE CITY CLERK'S OFFICE. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL - APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY CONTACT THE CITY CLERK'S OFFICE AT 853 -2541, OR ACCESS THE CITY'S HOMEPAGE TO 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 HOTEL ROANOKE AND CONFERENCE CENTER COMMISSION - ONE VACANCY FOUR -YEAR TERM OF OFFICE ENDING APRIL 12, 2020 PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION — ONE VACANCY THREE -YEAR TERM OF OFFICE ENDING JUNE 30, 2019 ROANOKE ARTS COMMISSION — ONE VACANCY THREE -YEAR TERM OF OFFICE ENDING JUNE 30, 2019 ROANOKE PUBLIC LIBRARY BOARD — ONE VACANCY THREE -YEAR TERM OF OFFICE ENDING JUNE 30, 2019 ROANOKE VALLEY - ALLEGHANY REGIONAL COMMISSION - ONE VACANCY UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2018 ROANOKE VALLEY CONVENTION AND VISITORS BUREAU BOARD OF DIRECTORS — ONE VACANCY ONE -YEAR TERM OF OFFICE ENDING JUNE 30, 2017 WESTERN VIRGINIA WATER AUTHORITY BOARD OF DIRECTORS — ONE VACANCY FOUR -YEAR TERM OF OFFICE ENDING JUNE 30, 2020 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of Navy Week in Roanoke City. Vice -Mayor Trinkle recognized Rear Admiral Mark J. Fung, along with Commander Morgan Murphy, Public Affairs Officer, Lieutenant Commander Kirby Baker, and Chief Jonathan Hooper of the Roanoke Navy Reserve Center in acknowledgement of Navy Week. A proclamation declaring the month of May 2016 as Diversity and Inclusion Awareness Month. Vice -Mayor Trinkle presented a ceremonial copy of proclamation to Michele Vineyard, Director of Human Resources and Members of the Diversity Advisory Council. Presentation of the Government Finance Officers Association Distinguished Budget Award. Vice -Mayor Trinkle presented the Government Finance Officers Association Distinguished Budget Award plaque to Amelia Merchant, Director of Management and Budget and staff. 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 Council and spoke about diversity in the City of Roanoke. At this point, Council Member Rosen entered the meeting (2:18 p.m.). April Medeiros, 659 Albemarle Avenue, S. E., appeared before Council and spoke about Silver Street Paint Company project. 4. CONSENT AGENDA: (APPROVED 5 -0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Item C -1 was withdrawn and Item C -6 was added. C -1 A communication from Council Member Sherman P. Lea, Chair, City Council Personnel Committee requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the performance of a Council- Appointed Officer, pursuant to Section 2.2- 3711(A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Withdrawn. C -2 A communication from the City Manager requesting that Council schedule a public hearing for Monday, June 20, 2016, at 2:00 p.m., or at such time thereafter as the matter may be reached, or at such later date and time as deeded appropriate by the City Manager, on the proposed joinder of the City of Salem to the Roanoke Valley Resource Authority and revisions of the Amended and Restated Articles of Incorporation. RECOMMENDED ACTION: Concurred in the request. C -3 A communication from the Director of Finance requesting that Council schedule a public hearing for Monday, June 20, 2016, at 2:00 p.m., or as soon thereafter as the matter may be heard, or at such later date and time as the City Manager may determine, on the issuance of General Obligation Bonds, not to exceed $28 million, for qualifying Capital Improvement Projects. RECOMMENDED ACTION: Concurred in the request. C -4 A communication from the Assistant City Manager for Community Development transmitting the 2016 Annual Homeless Winter Point -in -Time Street and Shelter Survey Report. RECOMMENDED ACTION: Received and filed. C -5 An Abstract of Votes cast in the 2016 May General Election held in the City of Roanoke on Tuesday, May 3, 2016. RECOMMENDED ACTION: Received and filed. C -6 A communication from the City Manager with regard to the Roanoke Community Garden Association recommending funding in the amount of $10,000.00 for FY 2017. RECOMMENDED ACTION: Received and filed. C -7 Report of qualification of Geoffrey W. L. Manning as a member of the Parks and Recreation Advisory Board to fill the unexpired term of office of Erin M. Dudley ending March 31, 2017. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: A communication from Council Member Bestpitch requesting consideration of amendments to the City Code to increase the number of designated park facilities within the City at which an alcohol permit may be issued. Adopted Ordinance No. 40502- 051616. (5 -0) Terry Huxhold, 1125 16`h Street, S. E., appeared before Council and voiced his disapproval of the sale, possession, and consumption of alcoholic beverages at Fallon Park. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the FY2017 Regional Fire Service Training Facilities Grant from the Virginia Department of Fire Programs for purchase of a trailer and training equipment for the City's Regional Fire -EMS Training Center. Adopted Resolution No. 40503- 051616 and Budget Ordinance No. 40504 - 051616.(5 -0) 2. Acceptance of the FY2016 -2017 Local Emergency Management Performance Grant from the Virginia Department of Emergency Management to support the emergency management activity. Adopted Resolution No. 40505-051616. (5-0) 3. Acceptance of the FY2015 State Homeland Security Grant from the Virginia Department of Emergency Management to install a quick connect device at the Berglund Center. Adopted Resolution 40506 - 051616 and Budget Ordinance No. 40507- 051616.(5.0) 4. Execution of an amendment of the Intergovernmental Agreement establishing the Roanoke Valley Greenway Commission to add Botetourt County as a member. Adopted Ordinance No. 40508-051616. (5-0) 5. Execution of Amendment No. 1 to the Contract for Purchase and Sale of Real Property between the City of Roanoke and Roanoke Higher Education Center regarding real property located at 209 Henry Street, N. W. Adopted Ordinance No. 40509-051616. (5-0) COMMENTS OF CITY MANAGER. The City Manager shared the following comments: Navy Week Benins • The week of May 16 is Navy Week in Roanoke • A kickoff ceremony was held at noon today in Market Square where a proclamation recognizing Navy Week was presented Activities planned for the week: • Navy display at the Virginia Museum of Transportation. • U.S. Navy Interaction and Band Performance at Center in the Square. • Navy EOD and diver demonstration ay Hunting Hills Country Club. • U.S. Navy representatives at the Local Colors Festival. • Salem Red Sox Navy Night. • Navy Band Concert at Mill Mountain Theatre. • The U.S. Navy will hold a memorial ceremony and wreath - laying for D -Day participants and especially those that lost their lives during the D -Day invasion. • Also, Roanoke City Public Schools has several activities planned as part of Navy Week involving school bands and ROTC. Leadership College Graduation on Tonight • Council is invited to attend a special reception for the graduates in Municipal North Lobby at 6:15 p.m. • Graduates will be presented prior at Council's 7:00 p.m. meeting, prior to the Public Hearings. Neiahborhood Month Activities Continue • Each year, neighborhood organizations host special events in May to celebrate neighborhood pride • Remaining events include: o Grandin Court Neighborhood Association's "Plant Exchange and Give -A -Way" on May 17. o Old Southwest's "Neighborhood Safety for Kids Event & Picnic" on May 18. o Gainsborough SW Community Organization's "Third Annual Neighborhood Celebration and Block Party" on May 21. o Hurt Park Neighborhood Alliance's "Annual Fund - Raiser Cookout" on May 21. • Roanoke Role Modelz Organization's "Hope Changes Everything" on May 28. • Goodwill Industries Good Guides Program's "Good Guides Community Garden for the'Come Growwith Us' Harvest and Festival" on June 4. Upcomina Events in Elmwood Park • Local Colors Festival Saturday, May 21, 11:00 a.m. - 5:00 p.m. • Festival in the Park, May 27 - 29 • Recent concerts include Huey Lewis and the News and Blondie, and Brian Wilson is coming to Elmwood Park on August 20. • Budweiser Summer Concert Series begins with Blackstreet in Elmwood Park on June 24. b. DIRECTOR OF FINANCE: Authorization to issue General Obligation Public Improvement Refunding Boards, not to exceed $35 million principal amount in refunding bonds on or before June 30, 2017. Adopted Resolution No. 40510- 051616.(5.0) 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational grant programs; and a report of the Director of Finance recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 40511- 051616. (5 -0) b. A report of the Roanoke City School Board requesting amendment to the 2015 — 2016 Categorical Budget in order to align with the City of Roanoke's budget, which was adopted on Monday, May 9, 2016; and a report of the Director of Finance recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance 40512- 051616.(5 -0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution supporting roll on /roll off accommodations for bicycles and encouraging the Commonwealth of Virginia Department of Rail and Public Transportation to work with Amtrak to facilitate the implementation of roll on /roll off of bicycle accommodations when passenger rail service is extended to Roanoke. Adopted Resolution No. 40513 - 051616. (4 -0) Council Member Rosen abstained from voting. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Vice -Mayor and Members of City Council. Council Member Ferris announced the 18'" Annual Lebanese Festival at St. Elias Maronite Catholic Church, 4730 Cove Road, N. W., June 3 through June 5, 11 a.m. — 10:00 p.m. Council Member Price announced the 26'" Annual Local Colors Festival will be held on Saturday, May 21 at Elmwood Park, 11:00 a.m. to 5:00 p.m. Council Member Bestpitch encouraged participation in downtown Roanoke activities. Visit www.downtownroanoke.org /events to learn about upcoming events. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESSED - 3:15 P.M. THE COUNCIL MEETING STOOD IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. ROANOKE CITY COUNCIL REGULAR SESSION MAY 16, 2016 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order- -Roll Call. Vice -Mayor Trinkle was absent. (Council Member Price arrived late.) The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, May 19 at 7:00 p.m., and Saturday, May 21 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 Community Health Promoter Program (CHPP) Graduates — Spring 2016. Mayor Bowers presented Certificates to the Community Health Promoters Program (CHPP) Graduates. 10 Recognition of the City of Roanoke 2016 Leadership College Graduates. Mayor Bowers presented Certificates to the City of Roanoke 2016 Leadership College Graduates. At this point, Council Member Price entered the meeting. (7:21 p.m.) B. PUBLIC HEARINGS: 1. Receive the views of citizens regarding appointment of two Roanoke City School Board Trustees for three -year terms commencing July 1, 2016. The candidates are Wilton C. Kennedy, Annette Lewis, Susan R. Reese and Lutheria H. Smith. No action taken. 2. Request of Viamac, Inc., and 3675 Orange Avenue, LLC, to repeal conditions proffered as part of rezonings at 3659 Orange Avenue, N. E., and 3675 Orange Avenue, N. E., and adopt new proffered conditions. C. Cooper Youell, IV, Attorney, Spokesperson. Adopted Ordinance No. 40514-051616. (6-0) 3. Request of Local Environment Agriculture Project, Inc. (LEAP), for a personal property tax exemption at 1327 Grandin Road, S. W., effective July 1, 2016. Maureen McNamara Best, Executive Director, Spokesperson. Adopted Ordinance No. 40515-051616. (6-0) 4. Request of Blue Ridge Land Conservancy, for personal property tax exemption at 722 First Street, S. W., Suite L, effective July 1, 2016. David C. Perry, Executive Director, Spokesperson. Adopted Ordinance No. 40516- 051616. (6 -0) 5. Proposal of the City of Roanoke to lease approximately 3.6 acres of City - owned property located adjacent to 5401 Barns Avenue, N. W., to Jared Green and Donna Green for agricultural purposes. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40517-051616. (6-0) 6. Proposal of the City of Roanoke to grant a permanent sewer line easement and a temporary construction easement, both with an approximate width of 20 feet and collectively encumbering approximately 15,600 square feet, over, across, and under City -owned property located along Reserve Avenue, S. W., to the Western Virginia Water Authority. Daniel J. Callaghan, City Attorney. Adopted Ordinance No. 40518- 051616.(6.0) 11 C. OTHER BUSINESS: 1. A report of the City Manager requesting authorization to execute a Downtown Service District Services Agreement with Downtown Roanoke, Inc., for continued administration of the Downtown Service District. Adopted Resolution No. 40519- 051616.(6.0) 2. A report of the City Manager requesting authorization to execute a Williamson Road Area Service District Services Agreement with the Williamson Road Area Business Association, Inc., for continued administration of the Williamson Road Area Service District. Adopted Resolution No. 40520-051616. (6-0) 3. Petition for Appeal filed by Tammy Britt, d /b /a Tammy Britt Rental Properties, LLC, in connection with a decision of the Architectural Review Board denying a request to approve replacement of existing pressed metal roof shingles with architectural shingles at 418 Washington Avenue, S. W. Council Member Price moved to reverse the decision of the City of Roanoke Architectural Review Board and to grant the request for a Certificate of Appropriateness to allow the replacement of an architectural metal roof with architectural shingles at 418 Washington Avenue, S. W. The motion was seconded by Council Member Rosen and adopted, with Council Member Bestpitch voting no. D. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. E. ADJOURNED - 9:45 P.M. 12 CITY OF ROANOKE CITY COUNCIL 315 Church A SW. Noel C, Taylor Municipal Building, Suite 456 \�.. Roanoke, Virginia 24011 -1536 telephone_ (540)953- -2541 DAVID A. BOWERS Fez: (540) 853 -1145 May May 16, 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_ 1-ca Anita 1, Price Court G. Rosen David B_Trickle This is to advise you that I will not be present at the 2:00 p.m. session of Council on Monday, May 16, 2016. Best wishes for a successful meeting. Sin r Sherman P. Lea Council Member SPL /ctw t _) STEPHANIE M. MOON REYNOLDS, MMC City Clerk (I_ ) CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540) 853 -1145 E -mail: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Axoo.al Deputy City Clerk May 17, 2016 Pastor Stephen R. Lamb Grace and Truth Baptist Church 3541 Orange Avenue, N. E. Roanoke, Virginia 24012 Dear Pastor Lamb: 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, May 16, 2016. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. CTW:aa Sincerely, I Stephanie M. Moon Reynolds, MMC City Clerk IOffice ref thc Mayor C "l "1'Y OF R();1NOK1: ntlautatiou WHEREAS, the success of any organization is contingent upon a workplace where the administration encourages a wakforce which serves, appreciates, respects, and values the -Italy of differences that exist in a shared community; WHEREAS, in 2006 the city administration formed a Diversity Advisory Council of employees who have volunteered to work collaboratively to promote inclusion in our culture, elevate our core values and who serve as inclusion champions for the Organization; WHEREAS, the Council has diligently sought to promote diversity and inclusion as strengths to be encouraged and celebrated; and to discourage discrimination based on race, ethnicity, gender, age, socioeconomic status, and other factors which deny the essential humanity of all people; WHEREAS, the Diversity Advisory Council emphasizes the benefits of elevating the petluchalm a of the organization by respecting, celebrating, and embracing the collective mixture of differences and similarities of our employees; WHEREAS, our behaviors will demonstrate a deep commitment to our rcare values of h d onesty, respect, responsibility, teamwork, y, and inclusion; and a variety of employee events will be conducted which will highlight these values; and WHEREAS, the Diversity Advisory Council will continue to promote a welcoming, inclusive, and open work environment that delivers excellent service and creates a more vibrant and inviting community. NOW, THEREFORE, 1, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim May 2016 throughout this great, six -time All - America City, as DIVERSITY AND INCLUSION AWARENESS MONTH. Given under our hands and the Seal of the City of Roanoke this sixteenth day of May in tl ATTEST; Stephanie city Clerk aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 16, 2016 Subject: Request to Schedule a Public Hearing to Consider Joinder of City of Salem as a Member of the Roanoke Valley Resource Authority (CM 16- 00057) Background: In June 2015, Roanoke Valley Resource Authority (RVRA) responded to a Request for Proposals from the City of Salem, VA for refuse disposal and management of its transfer station. RVRA was subsequently interviewed by the City of Salem for this purpose. On May 9, 2016, the City of Salem announced its intentions to join the RVRA. In order for the City of Salem to become a member of RVRA, RVRA's Articles of Incorporation need revisions which must be approved by all member localities. Additionally, City Council must also approve the joinder of the City of Salem to RVRA. Under Section 1 S.2 -5104, et seq., Code of Virginia (1950), as amended, notice must be given for public comment on the City of Salem's joinder to the RVRA as well as on the approval of revisions to the Articles of Incorporation. Recommended Action: Authorize the City Clerk to schedule and advertise a public hearing on the proposed joinder of the City of Salem to the Roanoke Valley Resource Authority and revisions of the Amended and Restated Articles of Incorporation to be held on June 20, 2016 at 2:00 p.m., or as soon thereafter as the matter may be reached, or such other date and time as deemed appropriate by the City M ------ --------- ---------------------- Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Michael B. Shockley, Director of General Services /Sustainability aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 16, 2016 Subject: Public Hearing for Authorization of the Issuance of Debt for FY 2017 Capital Improvement Projects Background: On May 9, 2016, City Council approved the Capital Improvement Program (CIP) Update for FY 2017 -2021. The CIP includes bond issuance in FY 2017 in the amount of $26.5 million for the following projects: • School Facility Maintenance and Improvements - $ 5,000,000 • Bridge Renovation - 8,050,000 • Library Master Plan - 2,845,000 • Parks and Recreation Master Plan - 2,500,000 • Stormwater Management - 1,620,000 • Curb, Gutter and Sidewalk Program - 1,000,000 • Streetscapes - 500,000 • 911 Center- 1,500,000 • Street Improvements - 3,500,000 Total: $26,515,000 Considerations: Council authorization of a public hearing on the issuance of debt is required to ensure that the public hearing notices are published in accordance with code requirements. The public hearing is to be scheduled for June 20, 2016. at 7:00 p.m. Recommended Action: Authorize a public hearing to be scheduled at City Council's meeting on June 20, 2016, at 2:00 p.m., or as soon thereafter as the matter may be heard, or at such later date and time as the City Manager may determine, on the issuance of general obligation bonds not to exceed $28 million for qualifying Capital Improvement Projects. This authorization includes authorization to provide proper notification and publication of such public hearing in accordance with code requirements on or about June 6, 2016 and Junel3,2016. �_ roon ira A. Damen Director of Finance Distribution: Council Appointed Officers eCITY COUNCIL REPORT To: Honorable Mayor and Members of City Council Date: May 16, 2016 Subject: Annual Homeless Winter Point -in -Time Street and Shelter Survey Report for 2016 Attached is the Blue Ridge Interagency Council on Homelessness Winter Point - in -Time Street and Shelter Survey report for 2016. This annual survey is conducted in the month of January by jurisdictions in the Commonwealth of Virginia in order to obtain baseline data on the number of homeless individuals living in communities, and to ascertain basic demographic information about that homeless population. As indicated by the key findings beginning on page 8 of the attached report, the number of homeless counted in Roanoke during the January survey decreased by approximately 15% from the 2015 report to 331 individuals. One Hundred Forty -five (145) of those counted participated in the survey. Overall, the demographic profile of the homeless surveyed remains primarily male (54 %), and white (59 %). Approximately 52% of the respondents indicated that they were actively seeking employment, and approximately 68% became homeless while living in localities that make up the Blue Ridge Continuum of Care area. Approximately 12% stated that they came to Roanoke for "shelter only'. Approximately 46% of those surveyed indicated that they had been homeless for six months or less. Approximately 24% stated they had been homeless for 1 -2 years. Of those surveyed, approximately 31% are currently receiving mental health services, and 21% had previously received such services. Should members of City Council have any questions regarding this report, please do not hesitate to contact me. BRIAN TOWNSEND Assistant City Manager Attachment Distribution: Council Appointed Officers Jane Conlin, Director of Human and Social Services Carol Tuning, Homeless Assistance Team is e WINTER SHELTER POINT -IN -TIME REPORT (4)) Blue Ridge Continuum of Care 2016 2016 Winter Point -in -Time Street & Shelter Survey Coordinated by Blue Ridge Interagency Council on Homelessness Chair Paula Prince, PhD Jefferson College of Health Sciences, Chair Members Angela Penn, Total Action Against Poverty (for Alleghany Highlands) Antwyne Calloway, Blue Ridge Independent Living Center Brian Geiser, Roanoke City Sheriffs Department Bruce Phipps, Goodwill Industries Carol Tuning, City of Roanoke Dan Merenda, Council of Community Services Dave Prosser, Freedom First Credit Union David Bustamante, Roanoke Redevelopment & Housing Authority Dawn Riddle, County of Roanoke Social Services Debbie Brown, Greene Memorial United Methodist Church Felicia Prescott, Alleghany Highlands Community Services Judy Hough, City of Salem Judy Cusamano, Jefferson College of Health Sciences Keith Holland, City of Roanoke Malora Horn, Roanoke City Public Schools Nancy Reid, Roanoke Gas Company Nancy Short, Salem VA Pamela Hall, Lewis Gale - Alleghany Sally Putnam, Lewis Gale - Alleghany Shane Sawyer, Roanoke Valley - Alleghany Regional Commission Sheryl Walters, Riverside Health Care Susan Carroll, Blue Ridge Behavioral Health Care Suzanne Adcock, Department of Social Services Todd Gearheart, Alleghany Highlands Community Services Board Annette Lewis, Total Action for Progress Ebony Pair, Community Volunteer Sherry Stull, Scott Hill Retirement Community D. E. Hartman 11, Roanoke City Police Department Report Prepared by Sabrina Sidden Hicklin, MSW, Council of Community Services /� COUNCIL OF Leigh Lively, Radford University BSW Intern - COMMUNITY CID 1 12016 Winter Point -in -Time Report THE WHITE HOUSE N♦,1II \I:nT January 19, 2016 We send greetings and thanks to all those participating in this year's Point -in -'f irrc cotmt of homeless then, women, and children across our county. From her earliest days, America has been a beacon of hope for all people - - -- no matter who they are or what their circtunsumccs may be. Yet tzar olien, individuals from all walks of life struggle to find the opportunity and stability our country has so proudly promised, even when it cemm to some of our most basic needs. Since launching Opening Doors in 2010, homelessness rates have sharply fallen, and our communities have made tremendous strides is reducing homelessness ovcrdl, including among America's families and the chronically homeless. Cities and town. across our Nation arc expanding their involvement by purinering with the White House through initiatives such as Joining Forces and the Mayors Challenge to land Veteran liomelcasoc%, Our eooriinatrd ellbns have proven that if we work hard and work together, it is possible to end homelessness for families, youth, and people with disabilities- and for our veterans, who have given so much to keep our country safe and free . he idea of `•home' has been central to our country's character from its carlicsl days, and dedicated, passionate people like you, who take up the noble work of serving our most vulnerable, are helping make it a reality for all. Your commitment to putting nanlort, opportunity, and security within the reach of those who [teed it most represents the best of America and will help us build a future free from the heartbreak of poverty. As you continue striving to ensure everyone has a safe and stable place to cull home, we wish you the best and thank you for your work. 2 12016 Winter Paint -in -Time Report Thank you to the street volunteers! Thanks to all the shelter staff from Rescue Mission, Trust, Family Promise, Salvation Army and SafeHome Systems 3 1 2016 Winter Point -in -Time Report Table of Contents Thank you to all the volunteers! ............ ... ...... ^~...~^~~~~.'.~~~~^'~.3 Introduction.......................... .... ... ............... ~ . ~~~~~^ .... .... ~'~~ ....~~~~.^~~./ l016y0iN-|x-Tinn Count ............................ .....~~~....~~~~^...~~~.~~..~~~^~.^ l016 PIT and V|'SyDAT Completed Surveys ...................................9 Key Rndiu8sfor the PU[Son*y(Non�4te/au)..........~~~...'~~~~~...~~~.~. � l016PoiNt-|o-hnm Shelter Survey Results for Non-Veterans .................................. . .... .......... .. ........ 11 Common Characteristics & Challenges ............................. ................ .................................................... 21 [ommeNz.............'~~~~.^..~~~^~~...~.~~~..~.~~~ ..~'. ll Veterans -Subp0pnlation Data Analysis ................... . ... ............ .~~~~.'..~~~~'.~~~. l6 Key Findings for the PIT Survey for Veterans ....................................................... .................................. 16 VeteranComments ................................................................................................................................. l7 VI-SPDAT Survey Results ..............~~...~......................28 �o VVluuLeoo�[onJucbngthe PIT Suney..............~~~~~.,..~~~~...~ Volunteers Conducting the Street Count and Vulnerability Index Survey (VI-SPDAT) ........................... 31 2016 Point-In-Time SuxeyTooL..................................... 32 Vulnerability Index for Service Prioritization Decision Assistance Toole (VI-SP0AT............................. 38 Introduction This Point -in -Time (PIT) Report is a count of sheltered and unsheltered homeless persons on a single night in January. The Department of Housing and Urban Development (HUD) requires that Continuums of Care (CoCs) conduct an annual count of homeless persons who are sheltered in emergency shelter, transitional housing, and Safe Havens on a single night. The purpose of this process and report is to obtain a snapshot of unduplicated homeless counts across the nation. HUD's goals for ending homelessness are outlined in the 2014 -2018 strategic plan. These goals are to strengthen the nation's housing market, meet the need for quality, affordable rental housing, use housing as a platform to improve quality of life, and build strong, resilient, and inclusive communities. The Obama Administration's Opening Doors plan notes specific subpopulations that communities should focus on regarding homelessness. These subpopulations are homeless veterans, those experiencing chronic homelessness, and homeless youth and families. This policy has also provided an ideal timeline of addressing subpopulation homelessness by stating, "the goals of the plan are to prevent and end veterans' and chronic homelessness by 2015, to prevent and end homelessness for families, youth, and children by 2020, and to set a path to ending all types of homelessness."' The President's Budget for fiscal year 2017 maintains funds that are essential to continually decreasing veteran homelessness as well as introduces new avenues to end homelessness for other subpopulations. The projected investment of $2.5 billion ($345 million over current levels) into HUD's Continuum of Care and Emergency Solution Grant Programs calls for: $300 million to help end and prevent Veteran homelessness, the creation of 25,500 new permanent supportive housing units, $177 million in rental- assistance for families, $20 million for Family Unification Program vouchers, and $37 million for vouchers related to domestic violence .2 Just recently HUD released the Tier One awards for Virginia's efforts to end homelessness. According to the HUD exchange website, "Secretary Julian Castro announced $1.6 billion in grants to provide funding to 6,400 local homeless housing and service programs across the U.S., Puerto Rico, Guam, and the U.S. Virgin Islands ". Virginia was awarded $23,471,202 to local entities and non -profit organizations in Tier One funds. The Blue Ridge Continuum of Care (BRCoC) serves the counties of Alleghany, Botetourt, Craig, and Roanoke as well as the cities of Roanoke, Salem and Covington. The localities within the BRCoC range from high- density (City of Roanoke) to low - density (Craig County). There are also significant racial and economic disparities within the region evidenced by indicator reports. Despite the complexities of the region, the CoC utilizes a collect impact framework to ensure the strategies of providing coordinated entry and assessment, shelter services, prevention and rapid rehousing; as well as permanent supportive housing are successful. The BRCoC convenes monthly to collaborate on local goals and processes to maximize system performance. This collaboration includes strategic planning efforts to ensure alignment with federal goals and measure success in attaining those goats. � Mt :/ naLh v/hud naVdoam a ^id -M1udst Ia�014 -2018. L hft d/ h / n/ 1 ads/ set fib 2016 B d t F t Sh t on 140=l A' t ndf 5 2016 Winter Point -in -Time Report The data contained in this report will assist in the Blue Ridge Continuum of Care to sustain functional zero for veterans, to end chronic homelessness by 12/31/16 and youth and family homelessness by 12/31/20. After this time, homelessness will be raze, brief and non - recurring in our community. Methodology This 2016 Winter PIT and Shelter Survey report utilized data from three different sources: PIT Count, PIT Surveys and the Vulnerability Index & Service Prioritization Decision Assistance Tool (VI- SPDAT) surveys. Each source of data has a different purpose, but data collection for all three occurs on the same day and night to avoid duplicated data. January 28, 2016 was the night selected to gather data for the 2016 Winter PIT Report. The purpose of the PIT Count is to obtain an accurate, unduplicated count of all those residing in a shelter or on the street. The PIT Count is completed by shelter directors and staff, and the only descriptive categories are: gender, under age 18; I8 -24; over age 24; street count; Chronic and veteran status. This survey is sent electronically to the directors at each shelter to complete and return. The PIT Survey is administered at least every year and sometimes twice a year for the purpose of detailing information and characteristics about people experiencing homelessness in a shelter. This is a more comprehensive survey that contains questions about: the reasons homeless; children's descriptive questions; cash and non -cash benefits and health needs. The 2016 survey instrument consisted of 26 closed response questions and I open -ended question. "Other" and N/A responses are available for appropriate questions. People who were homeless the night of January 28`" were allowed to refuse the PIT survey, whereas the PIT Count (N =331) is important for understanding the actual numbers homeless and the PIT survey aids in understanding characteristics of a sample of those homeless. This survey is offered to all shelter participants during the evening hours of January 28, 2016. Street Counts (N =7) record the number of homeless not residing in a shelter. Anyone residing on the street the night of January 28" is requested to complete the VI -SPDAT survey. VI -SPDAT is an assessment tool that indicates the level of vulnerability for a homeless person or family. This tool is a survey that consists of 50 YES/NO or N/A questions. There are 4 categories within this survey that calculate a combined score between 1 -4, 5 -7, and 8 and above. A score of 8 or above would indicate that an individual/family is highly vulnerable and are prioritized for housing. People who are homeless and on the street have the right to refuse the VI -SPDAT just like those in the shelter can refuse the PIT survey. If a person chooses not to complete the VI -SPDAT then the survey is coded as refused although the individual is still counted in the numbers of those on the street. The VI -SPDAT is also administered to individuals at the Rescue Mission Respite Care to assess the vulnerability of those discharged from the hospital without a housing plan. The Jefferson College of Health Sciences (JCHS) Physician's Assistant program assists with the completion of this survey each year to ensure survey administration training is consistent and thorough. This survey is administered by JCHS Physician's Assistant students and HAT staff during the early morning hours of January 28, 2016. 6 1 2016 winter Point -in -Time Report Survey volunteers were recruited utilizing the Council of Community Services' Hands on Blue Ridge volunteer services and Jefferson College of Health Sciences Physician's Assistant Program. Each agency also provided staff to administer surveys at the shelters. The volunteers were provided training prior to and during data collection as a way to consistently collect the data. For the 2016 PIT Survey, veteran data (20 surveys) was analyzed separate from non - veteran data (145 surveys) due to collection methods and providing more infomlation about that subpopulafron of people who we homeless. The unsheltered point -in -time count assists communities and HUD towards understanding the characteristics and number of people sleeping on the streets, including places not meant for human habitation. Accuracy of the data reported in PIT counts is vital. Data produced from these counts is based on reliable methods as included herein. We not only rely on the VI- SPDAT but also our HNIIS to ensure that we are capturing accurate sub - population data. During the PIT count, the CoC canvassed the entire area, not just those locations where homeless persons are known to sleep; incorporating the rural areas as well. De-duplication techniques also included sending multiple teams out at the same time to different quadrants to ensure there was no overlap in canvassing the service area. Prior to conducting the count, street outreach teams and social services staff in the rural area contacted known sites, businesses as well as other clients to identify areas where homeless may have stayed in the past. Street maps were produced and provided to teams during the morning of the count. 7 12016 Winter Paint -in -Time Report 2016 Point -In -Time Count The total number of homeless individuals in this years' count is 331 This is a 15.2% decrease from last year. The numbers have been trending downward since 2012. VEOVI£COUNIEO cendnn U. +e cifildral. Am Tel •r Aep.' .. u ,•yVItFFRX3 rmilyismmise TRUST Ore Nome System, lCminglom Twning VOlnt Red Shield lotlge R-me Msslon of RomoMe sH.1h ny County thmetoutl County Crtlgcowdy street Count WmmislicriM 6 2 3 6 0 32 0 U 0 3 1 2 3 16 0 o 0 1 d g Sf 1W 0 23 l0 0 0 U 1 21 0 1 o 2 0 g 23 0 0 x 2 d 3 12 0 S, 0 0 X 1 4 1 < 52 115 0 0 6 19 G 16 52 19g I 23 47 24 SU The number of veterans this year decreased by 10% (45) from last year's total of 50 and 63 in 2014. Females make up 33.8% of the total population and males are 66.1 % of the total population. Children under the age of 18 are 14.2% of the total population. Youth homelessness as defined those in shelters agesl8 -24 are 7.25% of the total population. The 331 total does not include the possible homeless individuals incarcerated. The largest decrease in subpopulation data from last year was for children age 18 -24 (41.2 %) and children under age 18 (46.6 %). Point -In -Time Counts from 1987 -2015 ]m 6m __ _- 566 597 536 6 500 I - - - - 504 527 ___- 518 440 416 408 390 sm -- _- 40 -_ -. 397 281 309 327 331 215 291 310 200 122 194 1m 51_ 1937 1939 1991 1993 1995 1997 1999 2000 2.2 2. 2003 1.1 2.1 1.1 204(18 2009 2010 2011 2012 2013 2014 2.1 2016 Point -In -Time Count in 2016 decreased by 15.2 % (331 compared to 390 in 2015, 440 in 2014 and 527 in 2013) 8 12016 Winter Point -in -Time Report 2016 PIT and VI -SPDAT Completed Surveys 9 1 2016 Winter Point -in -Time Report SURVEYS RECEIVED PITSuruees VI- SPDATSum" Family Promise 4 Rescue Mission Men's Shelter (veterans) a ARCH (Trust) is Rescue Mission Respite Care (Non - Veterans) 6 Sate Home Systems (Covington) 2 Street Count (Non-Veterans) Turning Point 4 21 Red Shield Lodge 36 Rescue Mission Men's Shelter 48 Rescue Mission Family She lter 53 Allegheny County/Covington 0 Botetourt County 0 Craig County 0 165 9 1 2016 Winter Point -in -Time Report Key Findings for the PIT Survey (Non - veteran) • Survey respondents 145 (adults 18 and over) completed the survey. • Age: the ages ranged from 20 -70 with a median age of 48. • Gender responses (N =143) of those who completed the survey: 77 men (53.8 %) and 66 women (46.1 %). • Race: 58.6 %(85) of those surveyed identified themselves as White /Caucasian and 34.5% (50) identified themselves as Black/African American. • Where: 68.3% of respondents were living in the Blue Ridge Continuum of Care catchment area when they became homeless. • Education: 76.5% (111) report having a high school /GED education or more. • Food Stamps: 41.4 % (60) report receiving food stamps. • Working: 51.7 %(75) respondents were actively looking for work. • Working: 27.6% (40) report to work on the books, while 3.4% (5) report to work off the books. • Why: 29% (42) of respondents indicated unemployment as the primary reason for being homeless. • Mental Health: 43.4% (63) of individuals report to have previously received mental health services in the past. • Treatment for Alcohol: 20.7% (30) report to have been treated for alcohol problems at some point. • Treatment for Drug Dependency: 22.1% (32) of respondents report to have received treatment for drug dependency previously. • The top 5 challenges faced by individuals (non - veterans) without homes include: • Affordable housing • Cannot find work o Medical problems • Dental problems and past incarcerations • Divorce 10 1 2016 Winter Point -in -Time Report 2016 Point -In -Time Shelter Survey Results for Non - Veterans General Demographic Statistics 77 53.5% 66 45.8% 0 0.0% 1 0.7% 0 0.0% 144 survey response rate was 51.06 % (ages 18 and over, The total population is a ratio of 66/33% for males and females respectively, compared to the sample population ratio of 53/45% for males and females. If survey data (sample) for veterans and non - veterans were combined the gender ratio would be 58.9% for males and 41.1 % for females. 89 61.4% 50 34.5% 0 0.0% 0 0.0% 0 0.0% 1 0.7% Asian& White 0 0.0% 0 0.0% 0 0.0% Mixed Race 1 0.7% Declined 2 1.4% Other 3 4.2% Answered question 145 Skipped questi 0 The most common race reported was White /Caucasian 61.4 %, followed by Black/African American 34.5 %. The 3 "Other" responses stated other. 11 2016 Winter P.Mt -in -Time Report How long has it been since you last had a place to live? a Less than lmonM -- 1 -3 months 18 4 6 months 19 7 -11 years 35 1 -2 years 15 3 -5 years 6 -10 years 4 More than 30 years 5 0 5 10 15 20 25 30 3S 40 The category 1 -2 years is the most reported length of time homeless in 2016 followed closely with 1 -3 months. 42 29.0% 16 11.0% 11 7.6% 4 2.8% 9 6.2% 1 0.7% 23 15.9% 5 3.4% 5 3.4% 9 6.2% 4 2.8% 16 11.0% 145 "Unemployed" ranks number I as the primary reason for homelessness since 2012. * 16 respondents who indicated "Other" specified as: medical issues (6), financial issues (3), property loss (1), spousal issues (4), inhabitable housing conditions (2), moved (3), court ordered (1), and roommate/landlord disagreement (2). a1 1 2016 Winter Point -in -Time Report HOW MANY TIMES HAVE YOU BEEN HOMELESS PRIOR TO YOUR CURRENT SITUATION? ss ao NEVER BEFORE 1 TIME 5 6 2 -3 TIMES 4 -5 TIMES MORE THAN 5 TIMES In 2016, "Never Before" was the most common response among those surveyed. 65.5% of those without homes were in the Roanoke area when they became homeless. This statistic has grown each year since 2013. *Of those who came to Roanoke from other places, 34 were from other jurisdictions in Virginia, 15 came from other states, and 1 came from another country. 13 1 2016 Winter Point -in -Time Report Na I 1 D.C. &dZN 3 2 FbNa B .t VA 1 3 MO. Cle msw . VA 1 4 M... CM1 Sumba 2 5 N9MC_m Ce VA 1 6 New lemry F.0 . _ J 0b Gies I 8 okb _ G W, VA I 9 Spats hug SC HemeoC% 1 to West VA, LY MVR Mvms .VA 1 New KeM Cou 1 Rice Edwards C.v RadbN Raa Rockbkbraee CO. 1 Rocky l R¢kersv&. vae. VA I S awsva I l� _t aW.1, W uehsler 1 -Table includes 6 veterans who came to Roanoke after becoming homeless. *Those coming to Roanoke after becoming homeless indicated that the main reasons were Shelter Only and Friends/Family are here. 2016 is the first year that "Other" is not a main reason indicated. Of those 7 who indicated other, the responses were was hitchhiking (1), knew the area (1), to change life around (1), shelter and employment (I), incarceration (1), and never been before (1). 14 2016 Winter Point -in -Time Report *Other responses included friends (1), staying with girlfriend (1), and church (1). The number of people denied shelter due to capacity is 5.5% in 2016. 15 1 2016 winter Pomt -in -Time Report 121 84.0% 10 6.9% 7 4.9% 2 1.4% 2 1.4% 2 1.4% 144 0.7% Most of the people in shelter are adults without children 84.0 %. 42 school age children are attending school; 11 school age children are not attending school. *Other responses 122 84.7% 1 0.7% 5 3.5% 11 7.6% 2 1.4% 3 2.1% 144 0.7% 1 0.0% (1), YMCA (1), and Foster care (1) or I 1 I respondents report to have a high 16 1 2016 Winter Point -in -Time Report 4 2.8% 30 20.7% 37 25.5% 21 14.5% 37 25.5% 15 10.3% 1 0.7% 0 0.0% 145 or more. 20 13.8% 75 51.7% 50 34.5% 145 0.0% In 2016, 51.7% of individuals (75) are actively looking for work. Although 50 people rt they are not looking for work, the chart below has 45 people that are currently working. 40 27.6% 5 3.4% 0 0.0% 0 0.0% 17 11.7% 13 9.0% 0 0.0% 0 0.0% 7 4.8% 60 41.4% 1 0.7% 2 1.4% 42 29.0% 11 7.6% 145 41.4% report food stamps as a source of income. 29% report not having an income. 27.6% report working on the books as a source of income. *Other responses include: Parents send money (1), Odd jobs (1), TANF (2), Child support (3), Trade skill (1), Working on getting disability (1), and left answer blank (2). 17 1 2016 Winter Point -in -Time Report ' icensed Motorized Vehicle 18 12.4% Valley Metro Bus 74 51.0% Walk 95 65.5% 5 3.4% I ide with friends/family 26 17.9% I;ther (specify) 8 5.5% Answered quest, 145 Walk 65.5% and Valley Metro Bus 51.0% are by far the most common methods of transportation. *Other responses include: Cole (1), Trolley (1), Roanoke Resource (1), Caseworker (1), Rescue Mission (2), and Wheelchair (1). Emergency Room Urgent Care Rescue Mission Healthcare Center New Horizons Private Doctor VA Medical Center t 0.1% Health Department t 0.0% Bradley Free Clinic Other (specify) 15 10.3% Answered question .Skinned anestion t The emergency room is the most common response for where individuals completing the survey seek medical attention. *Other responses include: Doesn't go (9), Roanoke Memorial (2), Lewis Gale (1), Family physician (1) and left blank (2). 18 1 2016 Winter Point -in -Time Report 39 37.9% 36 35.0% 3 2.9% 25 24.3% 103 42 Gt those taking medications most obtain them through purchasing at a dmg store. *Other responses include: Blue Rldge Behavioral Healthcare (9), Bradley Free Clinic (3), GAP insurance (3), Carillion (1), New Horizons (1), Roanoke Memorial (1), Mission Clinic (1), Doctor (1) and (5) either put N/A or no meds. "Other" is the highest category in relation to payment £c include a line to specify what these responses would be. i9 2016 Winter Pmn[ m -Tme Report Have you previously received mental health services? • Are you currently receiving mental health services? Crosstabulation Wrtbu9r PK rumInd MCu— "a—.MI- .MINxM LM[n 21 % of individuals report to have received treatment for problems related to alcohol. 22.1 %report to have been treated for drug dependency. 20 1 2016 Winter Point -in -Time Report Are you currently receiving mental health services? Yes No Total Haveyoupreviously Yes 37 26 63 received mental No 4 81 health services? Total 44 1001 144 21 % of individuals report to have received treatment for problems related to alcohol. 22.1 %report to have been treated for drug dependency. 20 1 2016 Winter Point -in -Time Report Common Characteristics & Challenges Affordable housing, Cannot find work, and Medical problems are the top 3 challenges faced by those without homes. -Other responses include: Cannot afford childcare (3), Does not know how to use intemet to apply forjobs (1), Lack of mental health support (2), Transportation (1), Debt management due to domestic violence (1), Qualifying for housing (1) and left blank (1). z1 1 2016 Winter Point -in -Time Report Comments .- • Shelter is a good experience because she had to humble "' + herself and view. Really was afraid at first since there are rules /�����LP everywhere so do not like me lack of freedoms at present. Even r* having clothes stolen is a stark reality. ! \'.. • Lost, depressed, alone, challenges as a Christian living conveniently with strangers. Hasn't seen daughter since Dec. 12'", oQ�_,,� 2015, heartache. "V • Frustration with agencies or organizations where �l employees /volunteers treat "us" differently. Cannot rent /receive housing mainly due to unemployment and stigma from society. Homelessness is indiscriminant of level of education or class/status. Anything can change from one day to the next. • Have to be patient; anything can change from now to 6 to 9 months down the road. You never know. • Transportation help -bus passes to assist with jobs! Having somewhere to sleep during the day if you have a night job. • Bus passes to look for jobs. Transportation. • Would like to see Rescue Mission do a better job at helping find employment. Transportation to get around to day labor or interviews. • Not so bad, unless it's cold. • Help getting disability or SSI. • Doesn't know where to go for disability. • Hopes he can find help finding a place. Doesn't like living with his fiend, wants privacy. Needs stability, goals, and values. Doesn't want to be here when he's 50. • Disappointed with himself. • Rescue mission saved my life. Saved from alcohol/drugs, got back into education, job placement and all necessities i.e. food, bed showers, etc. Very positive view on Rescue Mission. Feels blessed to be here and be accepted at this mission. • Creating better programs to qualify for housing commensurate. • I'm glad this place is here, but the way things run seem to try to keep you here. • I get treated fairly good here. • Given me an opportunity to do some research about starting a nonprofit. • It sucks. I'm used to working. I've worked all my life but nobody will give me a job because of felonies. • Just lost right now. • My background and credit are barriers. I would love to go home to my own place each day. • I'm pissed off. I should not be in this situation. A cop was hating on me and made me leave my home. Discouraged, angry, 55 year old black male doesn't get a fair shot. 22 1 2016 Winter Point -in -Time Report • Would like to see more help with housing andjob services. • Feels lost, job discrimination because of homelessness. Just wants ajob. • Just appreciate all the help there is. Didn't know about this for years. • I try hard not to be homeless because I we people sleeping on the streets and I don't want to we my future like that. • Applications for work are getting harder to get in. • It's feeding my depression. • Need dental care. • It is giving me a sense of peace and gratefulness, appreciate the help and education of organizations such as HAT and Salvation Army. • Very depressed -feel like I'm being looked down on and beingjudged. • Most of us are the same. A lot have drug problems. We trade off by helping each other. • Grateful for the Red Shield Lodge and deserve all the support they can get. Haven't seen anything like it, safe and secure. • The program Mike set up saved my life. • It sucks. Good place. • 1 find that trying to obtain housing if you are homeless and have a criminal background they hold it against you. It shouldn't count at the age of 70. • It sucks. • Wish we had more shelters like this. • Some people don't give you a chance if you have a criminal record. • It's not fun. • It sucks. I want to be able to get housing. I could care less if it's a one bedroom. I'll let her [daughter] sleep in the room and I'll sleep in the living room. Ijust want somewhere to raise her. • I feel like people need to be more patient with us, because it's not like we chose to be homeless. It's just the hand I've been dealt, and I'm doing the best I can with what I have. • Nice there was somewhere to go in the cold. If there were morejobs and stuff there would be less homeless. • Stressful and depressing. • It's had to be able to do the things necessary to do things that you need to do. You have to be patient. • It's hard. It's stressful. • It's hard not having a place and not having my kids with me. • Thankful there are places like the Mission available when you don't have somewhere. There are adjustments (psychologicallemotional) to be made in homeless situation. Thankful to God. • Depressed because can't find housing. Want to find ajob. • It's hard to be here when my family each have a spare room in their house, and they're nice and warm and I'm freezing cold, waiting for food, going to bed with a growling stomach. • It's the most difficult thing I've ever had to do in my life. It's physically challenging because of my limits, its emotionally challenging and it's incredibly difficult to live in a community setting. • I've never experienced this before, so I don't really know how to take it. • It's hard. This place just doesn't feel like home. I feel like I'm in prison or something. I'd like to get my own place for my kids so they can be happy and we don't have to live like this. Hopefully we don't ever have to come back 33 1 2016 Winter Point -in -Time Report • Stinks having to walk anywhere. • In this area it's hard to find rental properties and due to some bad decisions as a younger adult my credit is bad so it's even harder. I am doing my best to find a place of my own. • Being homeless for so long without work is something that has touched me. This time it's difficult to be in this situation. The shelters are excellent but sometimes longer. Wanted to leave this place for give another way to life but this situation has made it hard. (translated from Spanish to English). • Dealing with others -like the shelter is dictating life, frustrated and stuck unable to move forward. • Homelessness came as a shock to him. Recently released from prison, kicked out of home due to issues with stepmom. Rescue mission service is fantastic. TAP, RAM, programs are very helpful. He receives everything he needs and has gotten all the help he needs. • Wants to do something to change circumstances. • It is stressful to be without a home. • It is a personal thing. Has been in 3 different DV shelters that were run very strictly and could get more support from other moms. Here there is more drama and it is hard for me and my daughter to feel comfortable here. I'm here so that my daughter won't go into foster care. Guidelines not enforced. It's not fair for some women to do more work and others don't contribute. Doesn't feel that complaints are heard by staff. Was told to leave if I don't like it here. There is no safe after school child care available. This hinders my ability to do what I need to do so I can get out quicker. It all slowed me down mentally and emotionally. I did not get what I needed here in terms of support. • Grateful that Turning Point is here, was able to leave negative situation, have never had to spend a day /night on the street. Thankful for the help with trying to get her life on track quickly -able to get support to help with her family. • Would like more programs to help people overcome obstacles to getting housing. • I hope to get housing. • Current shelter was available before I had to be totally homeless. Was able to get housing before ending up on the street. • Lucky to be at Mission/Roanoke. There are a lot of programs to help me 1 didn't know. Learned how to ride the bus. It hurts my pride. Trying to save up to get the right housing and not rush things. • I'm grateful for the Mission. • I don't like it. • Can't find any housing. • It's hard to live with other people, sometimes I like. • Stressful. • It's difficult, it's a challenge, feel safer here than the apartment complex that I was in. I have more worth as a person. • The community always judges us because we are homeless. It has been very difficult for me to get my disability, I guess because they think that since I've got a roof over my head they can take longer with it. • Hopeless, sometimes. Scared. Lonely, I turn to God a lot. • I just wish I had housing. It would be a lot quieter and peaceful. • It's very hard. Humbling experience, leaning on others for things I need. 24 12016 Winter Point -in -Time Report • I feel lost at times and I also feel that I cannot live comfortably at the place I am in. I wish I could have something of my own. I feel like I don't have any privacy or security that I would have in my own home. I feel like I would be better off if I had my own place. There are so many stressful things that go along with not having a place to come home to. • Miss the security and independence of having housing. Miss the ability to go where I need to when I need to. Misses seeing her children and fixing my own food. • I'm glad to be safe and warm, and not hungry. • Definitely can be a long term chronic problem. Sometimes there is a disconnect between services i.e. housing and medical care. Housing vs. employment opportunity. Here in the Valley transportation is an issue with working weekends /nights. Once you become homeless it can be a reoccurring problem. It's difficult pulling out of the hole you fell into. I'm not sure your life is ever quite the same. • I get really depressed, sad, feeling not loved. I wish I had family here that could take care of me, but I don't have family here. I don't have anyone who can help me. I'm very thankful for the Rescue Mission and all the resources I do have access m. 25 12016 Winter Point -in -Time Report Veterans - Subpopulation Data Analysis A total of 20 PIT surveys and 6 VISPDAT surveys were completed by veterans on the night of January 2ll�. The PIT surveys were completed at TRUST House and Red Shield Lodge and the VISPDATS were completed at the Rescue Mission Men's Shelter. Key Findings for the PIT Survey for Veterans • Survey respondents : 20 (adults 18 and over) completed the survey • Age: The ages ranged from 49 -64 with a median age of 58. • Gender: 17 men (85.5 %) and 1 woman (5 %) completed the survey, 2 no response. • Race: 65% (13) of those surveyed identified themselves as White /Caucasian and 35% (7) identified themselves as Black/African American. • Where: 65% of respondents were living in the Blue Ridge Continuum of Care catchment area when they became homeless. • Education: 85% (17) report having a high school/GED education or more. • Food Stamps: 45% (9) report receiving food stamps. • Work: 35% (7) were actively looking for work. • Work: 25% (5) report to work on the books, while 10% (2) report to work off the books. • Why: 30% (6) of respondents indicated unemployment as the primary reason for being homeless. • Mental Health: 70% (14) of respondents report that they have previously received mental health services. • Alcohol Treatment: 65% (13) have received treatment for alcohol problems. • Drug Dependency: 55% (1 l) have received treatment for drug dependency. • The top 5 challenges reported by veterans without homes include: • Affordable housing • Medical problems • Divorce and past incarcerations • Physical disability 26 1 2016 Winter Point -in -Time Report Veteran Comments N Cpmten.ts O "Other" Comments on Surveys: c Primary reason you are currently homeless: rQy)n9 OQ `Other" answers include: Injury (2) and Psychiatric Care Ih ��baC reviews a). * SUNeys Where did you become homeless: dies 6 listed other localities in Virginia, while 2 were from reps A eva u onS out of state. oHow do you obtain your medication: 18 answered other and indicated that they received N medication from the Veteran's Administration. Common characteristics: "Other" answered include: homelessness (1), Emotional (1), and childhood sexual trauma (I). General comments from those without homes: • It sucks. • It has been good. I have no complaints. • Should think about bringing back the program that helps pay. • Grateful for the help I get trying to get a place. • Don't know where I would be without the Trust House and the VA. • I think the City of Roanoke needs more funding for the homeless and more day shelters, somewhere safe and decent. The food banks are awesome. • Available shelter at Trust House helped VA helpful in providing resources including housing. • Biggest challenge I have is keeping my spirits up. There are lots of resources out there but it is overwhelming to navigate them all. 27 2016 Winter Point -in -Time Report VI -SPDAT Survey Results Vulnerability Index for Service Prioritization Decision Assistance Tool Street Count Rescue Mission- Respite Rescue Mission- Men's 1 Care Shelter Total Counts 7 8 6 Gender 6 Males, 1 Female 7 Males, 1 Female 5 Males, 1 Female Scores 6, 8, 11 1, 2, 5, 5, 6, 6,8 5, 6, 10, 11 , 11, 12 Veteran 4 Nonveterans, 3 All 8 are Veterans 0 Veterans Status unknown Medical Vulnerability Heart conditions 3 COPD 1 Heat stroke/exhaustion 5 Reported mental health treatment 8 Mental health hospitalization 8 Reported drug/alcohol use /treatment 8 Brain injury/head trauma 10 Social Vulnerability 19 to 51 years [Average 36 years] Threatened to or tried to harm yourself/others 3 Legal stuff that may result in being locked up /fines 4 Length of time homeless Less than I year 8 1 -2 years 4 3 -5 years 4 6+ years 3 Demographic Information Male 18 Female 3 Age- Street 19 to 51 years [Average 36 years] Age- Respite 45 to 66 years [Average 55 years] Age- Men's Shelter 46 to 62 years [Average 55 years] 28 1 2016 Winter Powt -in -Time Report Conclusion The collective impact approach and housing first model utilized by the BRCoC continues to have positive outcomes in serving those homeless and reducing the number of homeless each year. The number of people experiencing homelessness hasn't been this low since 2003. Focused populations with target goals is a strategy that enables the CoC's to provide additional efforts in identifying people, providing services, moving them to permanent housing and reducing the likelihood of recidivism. As evidenced by the data in this report, the services being provided are having a positive impact on the clients served. The focus on veterans with the Veteran's Initiative has been successful in many ways. The data in this report show that Veterans are homeless for a shorter period of time when compared to the non - veteran respondents. Most veterans are receiving medical care from the VA, taking their medications, and receiving needed mental health services. As we continue this year to focus on chronic homelessness, the 2016 PIT data provides details about how long someone has been homeless and how many times prior they have been homeless While the majority of non - veterans have never been homeless before; they have been homeless for longer periods of time. The longer someone is homeless the more services and support they may need to regain housing permanency. Families and youth will be the focus population in latter 2016 and in 2017. The number of families identified by the survey may not be a high percent; however, providing a family with comprehensive services that reduces the likelihood of recidivism, is more challenging. While we do know the youth counts in our shelters between the ages of 18 -24, additional data collection methods need to be developed and implemented to distribute surveys and gather details regarding youth counts, needs and services. There are youth count tools and tips for collecting data specifically for the youth population that may assist with serving this population. As HUD continues to develop target subpopulations with specified goals, the need for the Blue Ridge Continuum of Care to have data specific to these identified subpopulations is a necessity. Specific data about target subpopulations will provide a better understanding of the population and services needed. 29 ' 2016 Winter Point -in -Time Report Appendices Volunteers Conducting the Shelter PIT Survey Lam Thompson United Way of Roanoke Valley Paul Powell Homeless Assistance Team Nancy Short Salem VAMC Tina Booth Salem VAMC Alan Woodrow Salem VAMC Katie Poulos Salem VAMC Matt Cmokshank Council of Community Services Laura Punzell Homeless Assistance Team Heather Brush Community Housing Resource Center Kendall Cloeter Renovation Alliance Eric Wise Renovation Alliance Tammy Schoonmaker NOSC ROANOKE, US NAVY Damen Johnson NOSC ROANOKE, US NAVY Stephanie Aguilar NOSC ROANOKE/USNAVY Michael Patterson Homeless assistance team Michelle Camardi Council of Community Services Raymond Smith Council of Community Services Sabrina Hicklin Council of Community Services Susan Tnum Central Intake Lis Chacon Council of Community Services Shelter staff at Rescue Mission, Family Promise, Trust, Salvation Army and Safehome Systems. 30 12016 Winter Point -in -Time Report Volunteers Conducting the Street Count and Vulnerability Index Survey (VI- SPDAT) Judy Cusumano JCHS - PA Program Kelsey Griffitts JCHS - PA Program Andrea Hawkins JCHS - PA Program Lauren Hummel JCHS - PA Program Tyler Kemp JCHS - PA Program Courtney Amburgey JCHS - PA Program Jennifer Brandon JCHS - PA Program Sara Park JCHS - PA Program Min McDonald JCHS - PA Program Jonas Slackman JCHS - PA Program Savannah Wills JCHS - PA Program Jordan Russo JCHS - PA Program Gloria Wu JCHS - PA Program Jenelle Sills JCHS - PA Program Mikayla Sroda JCHS - PA Program Chelsea Greenspan JCHS - PA Program Jeevan Paul JCHS - PA Program Jessica Scudder JCHS - PA Program Erika Enka JCHS - PA Program Fay Cmwshaw JCHS - PA Program Annie Poetker JCHS - PA Program Elizabeth Wingfield JCHS - PA Program Kaitlin Roehl JCHS - PA Program Chadwick Kanney JCHS - PA Program Mina Fawze JCHS - PA Program Tiffany Dietz JCHS - PA Program Margaret Li JCHS - PA Program Arian Jones JCHS - PA Program Emu Rubin JCHS - PA Program Lauren Chereen Eskander JCHS - PA Pro ram Officers C. B. Tinsley, A. Martin, J. Johnson, K. Johnson and G. Z. Green Homeless Assistance Street Outreach Team Staff Rural Highlands Volunteers: Lance Carson, Kenny Lane, and Reverend Roger Bush 31 1 2016 Winter Point -in -Time Report 2016 Point -In -Time Survey Tool 2016 Homeless Survey Guide Point In TIM Count 1. How long has It been since yon last had a place to Ih c'.' tt,.m. t. ' Less than I month 2. 1 -3 months - 3. 4d months 4. 7 -11 mon @s 5. 12 veers 6. 3 -5 yews 7. 6-10 years 8. More than 10 vests i Mo. tell as the primary reason you are eurrentiy homeless' L Unemployed 2. Evicted firm home, unrelated to payment 3. Victim of Dme.tie Violence 4. Mental Health 5. Substance Above 6. Firemtherd.,acter 7. Family problems e. Bad Credit 9. Criminal History I& Lad of Affordable (lousing 11. Discharged from an instant ion. please explain 12. Other. Please explain _..__ -.... 8. Haw many times have you been homeless prior to year cmront shnrtlen ". I. Never befom 1 1 time 3. 2 -3 basis 4. 4-5 itmes S. More than S it. 4. What rarlaUN6sle group do you Identify with the mad' (Circle ends, cast I. Whiw,Cauv.nm 2, Black 'African American 3. Asian 4. American inchan Alaskan Native 5. Native Hmraiia.Other Pantie Islander 6. American India. Alaska Native &White 7. Asian & "'hits 8. Nun - Hispanic Yon- Latino 9. Hispanic Latino 10, Mixed Race 11. D"ho, to Shire 12. alter Page 1 32 1 2016 Winter Point -in -Time Report 2016 Homeless Survey Guide Point k Time Count .. IN hm 5fane rrr s an born.' n. where Nerryou ruffling w hen you 1Ne1mehn1ncle,5'. I. Roanoke City 2. Salem 3. Roanoke Comdy vim. 4. Hotetourt County 5. Clifton Forge 6. AllegiwnyConn 7, Otlxr If you benme homeless somex here other thnn Raanokc, why did pm come to RoamAr! (Clrele 9N ma In rfa.Jn I I. Not npplicabi, 2. Find sjoh 1 Friends fzmilc are Here 4. D .dw Violence Program 5. To abun healthram 6. Ran oul of nwnry 1. Pcrumal reasons R. P.,b t1o. P8mlc Offiicer 9. Veterans Admintslmtion 10. S.W.. Abuse Program 11. Shelrcr Only 12. Mw xi hold 10165' 13.Othee pl.a spedfe IN did you.17last WgW I. Fmergrncy Sldter I_. Transitional Shelter 3. Psvchimne facility 4, Hospitullnm- psychioo-ial 5. Jail. pn5 . erjusenile detention 6, Rented housing and 7. Owned housing unil R. Staying with family 9. Mid ar nmtd 1. wunerl 10. Foster cam home 11. D..1ic Viol. Shelter 12. Pe..nt Suppar6re Housing (Shelter Plus Care, etc) 13. Sub aa. abuse treatment center m detos 14. Place swt meam for Human Habitation tooWawz. abed budJing. un�kr bnJgc. xr vcbidel IS.f)ther living artangement, specify _,___ Page 3 33 1 2016 Winter Point -in -Time Report 2016 Homeless Survey Guide Paw Y Tlne Count 9. Have sou been denied abed at o handshaker In the pad 12 mmoths bemuse It was fulC I. Yes 2 No 10. How many children under fe, age of 18 doyou have with you? (Any child who is physically under the respandenfs care at this point in time should he ind acted _I I. 0 children 2. 1 child 3. 2 children 4. 3 children 5. 4 childr m 6. 5 or more childr,,, I1. How mam school ag children (f-fa vrs) with you are attending sehatC I. Not applicable 2. b attending -- 3. Pratt attending 11. How do you handle Mid care" I. Not applicable 1 1 do not nod e6,ld care 3. Fncndsfomily 4. 1 take care of my children myself 5. Child can center 6. Other . please sNofy 13. Have you nerved In the 4'.5. Million? I. Yes a. Wen ym in combat^. Yes or No b. What wasyourdkvchmgestatus? _ Honorable _ Grncml Other Than Dishonorable 2. No 14. What h Me ldtf!" kvd stedw tin that you eoatplabed? I. K-8 2. Sense High School 3. High Sclxwl Graduate 4. GED 5. Some College 6. College Graduate 7. Post Graduate 8. D.Inved to stan Page 3 34 1 2016 Winter Point -in -Time Report 2016 Homeless Survey Guide Paled b Tlma count 15. W hat financial resources do yon hate ". (C ocle Al that apply) I. We& on the books 2. We& off-the -books 3. Drug Trade 4. Sea Tede 5. Seend Security Supplemental Imvme (SSII 6. Sceial Secuny Disahility Income ISSDH 7. PensionRetimosenl 9. Vetemas Adninasimtion 9. Public Assistance 10. Food Stumps I L Recycling 12. Panhandling 11 No lrrome 14. Odic, ("city) U. M yon utbxly looking for work ". 1. Not applicable 2. Yes 3. No 17. Hnw do son mainly go aeaund7 (( heck all thatapply, i I. Licensed Motorized Vehicle 2. Valley Meho But 3. Walk 4. S.1er'Blevele 5. Ride with friends lamds 6. Olkr (speer(y'I 19. If )" gd ak4 where do you go for medical lrratmenC I. Fmergency Room 1 urgent Care 3, Rescue Mission Healthcare Centel 4. New Honzons 5. Private Dc w 6. VA Medieal Center 7. Health Department S. Bradley Free Clinic 9. Odwrispecify) 19. b voe take medkafi.m. I. Yes 2, No Page 4 35 1 2016 Winter Point -in -Time Report 2016 Homeless Survey Guide Nast In nma Gout ff so. haw do yon abtaln y m our edk rc allsras? (Circle pd." soue) I. 1 purchase them from a drop store _. I gel them fmn a senisc provider IRAM. Rescue Mission. HAT) 3. I csanut afford my nudr.I.ns J. Other M. H. da son pay far medlul care? L Medicaid 2. Medicare 3, Pascale Insurance 4. Out of Pocket 5. Other 21. ahe yon mr tly rad"Rg oeaHl h ub senders? I. Yes 2. No 22. Hare yen prevics" recelvd mnitl heaHh seMCn? 1. Yes 2. No 23. Have con ever recessed treatment for problems related to akohol ".' 1. Yes 2. No I0. Hare , vat, ,,r helm treated for drug dependenc3? 1. Yes 2. No 25. 1 will read a list or common chancterlsitcs and challenges esperlenced by those wlthnul a home. Please Indicate which unes affect cou: It Inle all Ih,a appls I. L lannot find wad. 2. Caonal f..d At,, dahle hnusina 3. Violim of \iolcnru 4. Denml Probl,ms 5. Legal Problems Pmhlzms wish police 6. Challenges with Substam:e Abure i. 1 carom afford my nredicatiwns S. Precious Foster Cam, 9. Dnorce 10. Physiral Disability' 11. Mdinl Problems 12. Past lncarremnon 13. Child custdy dispnm. W. Other Page 5 36 12016 Winter Point in -Time Report 2016 Homeless Survey Guide wr r nm6 collet 2e. Pleou store net ronmmnts ur lhauehls sou hnr ahnn l behlk sdlhnn l houslnp' Pa♦e 6 31 1 2016 Winter Point -in -Time Report Vulnerability Index for Service Prioritization Decision Assistance Toole (VI- SPDAT) Vumenealty rude, a xr Ce veW 014 1 on oanbn MSISOnn megW -SMATI GENERAL I NFORMATION /CONSENT IMerv�P'.erY NYr*: /yLVKy J *Fwla J srnlF J va�xrEEN wte r1mz Laatan In rrw Wguagc Oo wu kel EE'i atve m a.pax yCLniel Ng Name Nclrwme srcxl SawM NumM+ no. IYO xe pu' wrar: yov aama arml 11sCWz tee to vaNl"P J YES JNO v 40 voa - +cr dec. R --uo. x 1 A! -Xe[!M WION IIiMM.Tldl WLTOi1L A. HISTORY OF HOUSING 8 HOMELESSNESS 0 HOME ■ HOMES POWERED BY COMMUNITY SOLUTIONS 38 1 2016 Winter Point -in -Time Report VDlne[aH16tY mEea 6 S«vl¢ Pr,w,lujbon OeuAon AWsYance Tool P'LSPDATI B. RISKS SL1VL t am gory [o ak YD3 vome puernom a0ou[ p.n.M <•xbon wnn <uoo • .e•g«[Y r<rr[n M vw weE aM IWD IYUnnL Ow wnm fw monMV agewa+. ryvt kt me \mu auanoN I,. we tDONM NWIm Daureen Pe.. S[PrL a > Yr IM w>t W monT>. now manvumn na.e Yes Na m w1 «x[wn,nm tN DMC<• S.x[N PMwm3ntN. NwmaM t•mea nave pupeen u[m to tMnavpuln an mMYUN 6.bTePmwmant[aNr1n>m umn naYe yes wCa[rnn>mae. N[IWinL YnbtY fM[N> w WYOepreaeaiDn n4[YMf? iln[IYp>ll ao ngnVM. by MMbmerM1>ve pu [eery Nrgt >li)M>[ >n mpMant, Q matW Mfy[>4utmfnamen[L MYN NynM? Prcureen Ir Yts'. pu«[wnaLm9•: 1!f NO gLULm 5<w< L. w.eyw Ueao xuu..., namwva? J J 9 IM 1Mt M >[t J J D.era.rn •Yeses pu<srgn [o.IMn wont ns [q t[p[[f0l 5<xe 10 MpY Nw aM k[al uuN[Om[Mrl[M MwIN>m>y rnuH •n pu plm113[ \<C J J ❑ to Mat! n Y[513 Ounows 11 w 11.0!1 dresNnJeM garM aM answer OiH(e IM4•: .... .. "]rveaei npueuan l3,Tm uw <l. rti NO R� si Kea anY40Ey/a[ea[MSpu[o tlo T.rytiwtYW OP nw n'an[io 03? U iJ Ll Il [rer E3[Nr•[S[NtINetM[OnfdHN to OIeNYM \e e.[naryefn lw rrorcy. run 0 ❑ �] bug> b takone, nm w[ua«[M an enn wmwne you M1cnt reNM1>row. Jere a rNede.w M1 Me [N[> iS larn[w.LroreM tgna[P4cet popla tkep. W>u [eY me wh[neM test pu JSkHn skro x mPr[ ohm ICM<[ mNene 1 J wren re...e n Rmwn Jead se.« J uwn u.<.e.a a [a•a J akr1•s[[in NI[ 91N NUS wmorA[ 100,000 HOMES POWERED BY COMMUNITY SOLUTIONS 39 12016 Winter Point -in -Time Report v W nerabmly lnd- a Semae P- 1-1:on Mauon A »titan,, T..I (W SKATI C. SOCIALIZATION & DAILY FUNCTIONS [ry[srwras .. - r, +ss xo eerlaMO sa i,, .r an.bwan, n.m,.a:u.e nmm�nmev' J J J I5 Wpu nm< aM morcy aomnN man areNW pavr. Meapbwga.emme�t bemna or e.en.a \nt �,wei me ubk, mnnnl w bmk cogectry. ua nw \, oEE 01,0 IatY,IN M1 h\e Nal' J J J 16[b WU nareenwtn menev [o meet as M+ow e.pmur ona mwnrxr bxn) J J J eva to a�.r,ua�i.. raga rn ero wouo 11 ouvW nareWnr:M attrv�ne:exn brwM+WnPrxaurvkley Wr b:ry rou J J J +ss rao wssuo se _ ••oeope,.vwrme om of comen:m«w J J J hN e.e. tae vwr monw. bouw ,rov so eo mmv vwr rem aw,r J J J h.:q uaN] J tee -unsex sauunnox t ouv+unaaxsw�tmu 100,000 HOMES eefe 3 POWERED BY COMMUNITY SOLUTIONS 40 2016 Winter Point -in -Time Report VuN mMkv kHkx• serve VNwNWSbN De[bbn Mah[rNe Teo[IYnSMAT) : ...., lar 5ny4 4h 11, D. WELLNESS DuuT[wn n DOn Nw cow car.. ;....� Pre,veen NESEONSe xon I[. xnweroyw wuaerlo ra Mairn[wewwMn »>u:y -oi r.•.�a ym�„ JNww4: JUm:[ Jw J pine. np!MVi J Dw:: r.N go Im ue¢ w [6nYLSmpanu»u.rcnwn +Il MO nI5Me9 u'.- ' DePNr.eYeNeN..NN 3areYwNe4 M4m•EMhrepeuew ever ra#yw YES NO R[R)SED YRN..wr De NNrt[Im:Wa:u eoaanem II. [W:uy...A. 5[ye llen+I PZ[ae w PaNur J J J 31 . wsrorywhosaMe, rpywiX.nw.wmmn.w row J :] :i Ia lrve: eMIX, C.e w [nJ -Na(e tMr dYaX J J J 33 MVyNO3 3 C3 n[tia 4. n.. .. ,.. n. p•e "'- YES NO REMSED ww[,o�.�rt memos Co�m� Ib.Iw[wy of Wat SVe4 /Wa�trnwumr J J J U wan wXaX. amnn.ma. a p,eS�e: n.ane..; J J J i8 [n:enyruna J J J 19 daeeut J J J w wLMU J J J 1[ Caws LI J J 12 . nepNtnC J J J 13. iuEw[ukm .] J OeIIN4T1ON OUr -no NDa 4ss J :J 3a.5ur ea uoEtene amWaurqut Mahn [oMn�c»' nto µ¢.+re5mwouw.+'1t ne.w[ry tt vcwelntM SUC:mne P+ YES NO REFUSED tfdVrr 35. Wye pue+erNG pcDNmatK dugw akNOl vte, aGnel Erugt wakdKKw �[ J J toN you OOa 15w.. rwsomvwee akwMaMtw e..Nrax>n,s [.ery aayweverr eaY lw lM J J J [wwtn> 3l wre you ner usPo �ryectgn e�u[rwtlro[, mLM 4n v. men�M> J J J 38 Wye you evnLrmt.eaXO[a>Eru[wakMd wcElems arM:etvn[p:o prn,rE J .I J Om 39uW+e rau ute0 woeaveraEe a4dro14Yeewjn tYruO. wouLM'atn, eu4Dng J J J aKO1W.[odi n IJetw>n[M nt.a»m1nt+ a0 Wte you pzYPo bA OKIUX OIyN>a4dW wduE Neon [M Pot: ngnll'. ' J J J 100 000 HOMES igN[RfD By CONMUN(TY SOLUTIONS 41 2016 Winter Point -in -Time Report Vulnerability Indlea & Service Pna.4]a4on Dec ismn Assistance TPO1IND SPORT) WYYIEIOIIAII -DD NOT ASK SURTOTAE NtM Ma3Ee «n iaal n puL b wE•uter IWn 10, AT. SVeepe,"NA, e:ve upl a AYmVtansor P,ObHmatrcakaMl AT erug J J A HISTORY Or HOUSING AND HOMELESSNESS ]pose? C SOCIALIZATION AND DMLI FUNCTIONS T D WELLNESS A,ee,ITEin..—I at mrenRnu. eCwe E n lne Mental He", YES NO REFUSED <ww 11 ever Men uMet4a rosaUl YamtYw• rm(AT A e,,,- ft, cl TO- T. tM g. room ..,Y ,x, rent reel.,a [JD, r+ +lemcucrTlry J J J w ause of bt SCdM rM ] P]KMairrH. "Kno DH w O,MT men' MAIM as duccear A TN to +tw—ITT On. —of11 memo MNTn -wMlMr Odwa+eox. J J J Muuss TOmeOne m,HeOtnat OO w• ]5 Wtlawwf 4xn uyury gMi04]unV• :J .J J OS. Leer MYn toWa MY a karrrty 0rv441Ya 0eeegprtental EVMnY' :] J <] wSCU nA«am wnbNme CaNemeaney HWlw rememwa:9 tnYNs? J J J NERVATION DART - DO NOT ASrr. aR Swveyw. Co vow trint sins w syrnPEemsa 5ew/e. perinnn; mewAi R,r «+, c J J uvereN awnawmw[aAmlNa Ewkbwny? r)rk amT„reAU,aror,�r<Awn m. Menmruro.vx aw.,tTANa rne+a OAOnK rMn noM1 lOatpav'Por ^r /n wA:dry ;,r6w p.eam�fn. ;,w.i YES NO REFUSED 69 Woe You NI am mNk�MS aeunMO W Too W a Owta Mn Wu is ra; I... u41W HOten. nnvsaM.a WteretM wew,awnawxe MVer l +:..0 J J J :'.ESwqune4n fU mwei TES NO REFUSED •.. SO. YeswNO -Wee Y04 e]pnw[aO arWemou::'r _.. .. t..' ... waMrrypeda4u+ewlraumun YOw Me. ^.::. J J J a: er .nicn na: ow.eo,ow nwne:re:ne.,' ME EREEN w6lNISS SURmu+ SCORING SUMMARY DOMAIN SURTOTAE NtM Ma3Ee «n iaal n puL b wE•uter IWn 10, IM ARAYllual H r....r tlN M A Pen Mnenl SuPpTna H.Tw4jHPmbIR E4)I A.....nt. If tAe Pre Sween TD'l i{ S, f. P. P At 9, IRA ind -dl.al n rOmmeM<U IA, A A.M. Re NOmmR A+ses.mem N 'he Are -Sween TmAI b 01 i.1, 1 or ], me mllnev Al n MI rA(OmmenMO lw i Ern."., AnE Suppotl GE%t'L L INIORMATON A HISTORY Or HOUSING AND HOMELESSNESS 8 RISKS C SOCIALIZATION AND DMLI FUNCTIONS T D WELLNESS PRE SOIEER TOTAL Aswswent 11 Mis On'. 100 000 HOMES "Y' POWCMD BY COMMUNITY SOLUTIONS 42 1 2016 Winter Point -in -Time Report VuldeobOitr In de. B Serra Pnmmtal,on De6snn Asclsta.e Tool M --MAT) fInJ1Y I'd kb To aff you some cl-m ns to help u s be¢e, ruJ -1-d homeletsneu and im proven —, and support 3mveea. Mt n your ge new" Male J female J laanspndw J Other J tFne to State arrypu mr carved m the US Me.,? a Yet J No J Refused Nmean War (lure 19W Januaq 19551 VNtnam Era (August 1961 Ad 1975) j post Metnam Ime, l974fur, 19911 It rot, wN,h wmlwm mp dN You"n,w m? person Gulf It, (August 1991.Iasent) Afghan... (7001 - Flex.) Iraq QW3Frresent) J Other(SM,fy) Refused )va.wmr sobs Mr cAb,mter of YOUr Orscha[gN HOnooMe J Other In. Honorable Bad Conduct J 0.slwnorabM J Refused rat it vow, choensh, status? Cotten J legal Reudent O Undosumented Refused IDh dry ThIS regnn here dJ you live pnm to bemm.n, homeless? - Other part of the State j Someecere else m You ever berm or foster rare? J yes J No J Refuted m you ever been on H l I I Yes J No J Refused a ve'. eye, been an pnsdn? _ Yet J No J Refuted You hm a permanent php[al doadMY that Ims. YOUr moorl,' J yet J No J Refuted wheelchan, amWtatbn. unable To ckmb claws)? J Meddaid "J Medicare J VA J private a hal Wnd of Ival[h nturan[e do yew bye. h any? )rM1etY all to t applYl n surance - None J Other lspecd,l. repo, day . where h it..¢lest. LM You and whet pore of day o nt to do sos sathere a phone number andiron ¢mail where someone can get In touch dh you or leave you a me"a N Y,rgW l d cke to lake your torture May l do w? j Yes J No J Refuted 100,000 HOMES et <b POWERED By COMMUNITY SOLUTIONS 43 1 2016 Winter Point -in -Time Report ABSTRACT & VOTES Cast in ROANOKE CITY, VIRGINIA at the 2016 May City General Election held on May 03, 2016 for, Mayor NAMES OF CANDIDATES ON THE BALLOT Sherman P. Lea Total Write -In votes [From Write -Ins Certifications] [Valid Write-ins +Invalid Write ins =Total Write In Voles] " Please submit a Write -Ins Certification Total Number of Overvotes for Office TOTAL VOTES RECEIVED (IN FIGURES) 5315 1151 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held an May 03, 2016, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Mayor. Sherman P. Lea this day of I dW hairman Vice Chairman Secretary Secretary, Electoral Board ABSTRACT & VOTES Cast in ROANOKE CITY, VIRGINIA at the 2016 May City General Election held on May 03, 2016 for, Member City Council NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Anita J. Price 4214 Michelle L. Dykstra 4143 John A. Garland 3534 Patricia A. While -Boyd 3487 Freeda L. Cathcart 2013 E. Duane Howard 758 Total Write -In votes [From Write -Ins Certifications] 435 [Valid Write -Ins + Invalid Write—ins = Total Write In Voles] Total Number of Overvotes for Office 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 03, 2016, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member City Council. 1 Anita J Price 2 Michelle L Dykstra 3. John A. Garland Given under our hands this 1' day of ! r Chairman Vice Chairman ElecWrel eo�ra , Secretary se>v Secretary, Electoral Board ' vlrtvlly lr Y DEPARTMENT of ELECTIONS WRITE -INS CERTIFICATION AND CONTINUATION COMPLETE THIS FORM ONLY IF (I) TOTAL NUMBER OF WRITE -INS IS 5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (II) A WRITE -IN CANDIDATE WAS ELECTED TO THE OFFICE, WRITE -INS CERTIFICATION Roanoke X General Special Election COUNTY X CITY TOWN NAavnr May 3 , 2016 OFFICE TITLE ELECTION DATE DISTRICT NAME OR NUMBER, IF APPLICABLE WRITE -INS - SUMMARY 1. Invalid Write -Ins 2. Valid Write -Ins Page 1 of 1 TOTALVOTES RECEIVED (IN FIGURES) 165 ENTER TOTAL INVALID PAR 3. Total Write -Ins 1,151 ..................... ............................... ................OFFICE......... [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE -IN VOTES ON ABSTRACT FOR THIS OFFICE.] ADD LINES 1 AND 2 VALID WRITE -INS - DETAIL LIST VALID WRITE -INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, TOTAL VOTES AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED RECEIVED ON LINE 2 ABOVE. (IN FIGURES) See attachment CONTINUED ON PAGES THROUGH We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 3 . 2016, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write -in votes cast at said election for the office indicated above. Given under our hands this 9th day of May , 2016. A.....,,, t`- __'A '"=- -1Gy'1 i , Chairman Vice Chairman Secretary Secretary, Electoral Board WRITE -IN CERTIFICATION MAY 3, 2016 - GENERAL ELECTION, CITY OF ROANOKE Last First Total Write -Ins Almond III Robert L. 1 Amburn John 1 Barrett Jlm(James M.) I Blanton Alison 1 Bostic Melvin D 2 Bubar Dan 1 Cathcart Freeda 1 Coffey Charles J. 1 Cosgrove JoAnn 1 Cosgrove Thomas 1 Cotter Frank 1 Crawford Steve 2 Dillon Aaron 1 Donahue Amy 2 Doss Paula 1 Dye Nancy 9 Dykstra Michelle L 1 Dyson Charles 1 Ellis Louis 1 Eshelman Pete 1 Ferris Raphael 1 Ferris Ray 4 Fitzpatrick Jr. Beverly T. 1 Garett Jim 1 Garett (Garrett) James 1 Garner Valerie 2 Garret J. 1 Garret Jim 11 Garrett 1. 2 Garrett lames 5 Garrett James (Jim) I Garrett Jim 228 Garrett John 2 Garrett Pat 1 Garrette Jim 2 Gilbert Anthony 1 Gregg Randolph 1 Griffith Nathaniel S. 1 Guilliams Cecil 1 Hall David L 1 Harris (Louis) Nelson 1 Howard E Duane 1 Jaffny Martin 1 ,Q'g Chair Secretary s /2z�zd�� a r� Date Date WRITE -IN CERTIFICATION MAY 3, 2016 - GENERAL ELECTION, CITY OF ROANOKE Jeffe Martin 1 Jeffer Martin 1 Jefferey Martin 3 Jefferies Martin 13 Jeffery Martin 1 Jeffersy Martin 1 Jeffery Martin 44 Jeffery Martin D. 1 Jeffey Martin 3 Jeffiey Martin 1 Jeffires Marvin 1 Jeffrey Martin 1 Jeffreis Martin 1 Jeffres Martin 1 Jeffrey M. 1 Jeffrey Mark 1 Jeffrey Martin 1 Jeffrey Martin 2 Jeffrey Martin 294 Jeffreys Martin 10 Jeffrie Martin 1 Jeffnel Martin 1 Jeffries Mark 1 Jeffries Martin 48 Jeffries Marvin 1 leffney Martin 1 Jeffry Martin 1 Jeffry Martin 1 Jeffs Martin 1 Jerffers Martan 1 Jerffries Martin 1 Johnson Octavia 1 Koch Jamie W. 1 Kong John 1 Lamanna Patrick 1 Leftwich Randy 1 Lloyd Marvin W. 1 Malloy Kennedy 1 Martin Deirdre J. 1 Martin Jeff 2 Martin Jeffrey 7 Martin Jeffery 2 McCadden Delvis 0. 1 McCadden Delvis 0. (Mac) 1 d.Chair ( Secretary S /;2 20 6 s 1a Date Date WRITE -IN CERTIFICATION MAY 3, 2016 - GENERAL ELECTION, CITY OF ROANOKE McGeorge It James G. 1 McGhee Ann 1 Meise Jr. John James 1 Metzger Ted (Theodore N.) 1 Morrill Chris 1 Murphy Dennis 1 Nichols Steve A. 1 Noell Mark 1 Noell Winfred 1 Ghanian Michael W. 1 Ostronic Joe 2 Phillips Janice 1 Powers Evelyn 1 Reynolds Claude L 1 Robinson John W. 1 Rosen Court 2 Rosen Court G. 1 Buffing M. (Mary) Beth 1 Settle lames 2 Sgouros George A. 2 Smith III Frank M. 1 Stinson Steve A. 1 Sylvester - Johnson Joy (Nancy) 1 Tayler(Taylor) Martin 1 Thomas Jr Joseph B. 1 Tinkel Dave 1 Trinkle D. 4 Trinkle Dave 43 Trnkle David 130 Trinkle David B. 3 Trnkle David Ball 1 Trout David 1 Varney Jason 2 White Boyd Patricia Trish 1 White -Boyd Trish (Patricia A.) 1 Wiegard Spencer M. 1 Wilhelm lames 1 Wilhelm Kurtis 1 Worley John N. 2 Wyatt Linda 1 Young Pamela S. 1 TOTAL 986 C it Date r Sec f� retary Date OFFICE OFTHE CITYMANAGER FF� Noel C Taylor Municipal Building �J& AVen ue, SW. Room 364 Roanoke, nuke, , Vlrgin la aeon ROANOKEwww.roanokeva.gov www.roanokeva.gav May 12, 2016 Honorable Mayor and Members of City Council: Subject: Funding - Roanoke Community Garden Association At the May 9" meeting of City Council, held for the purpose of adopting the Fiscal Year 2016 -2017 budget,I was asked to evaluate the provision of funding to the Roanoke Community Garden Association based on public comments made at the meeting and comments received directly by Council Members. With the adoption of the budget, funding was not included for the Roanoke Community Garden Association as a line item. Currently, there are 15 outside agencies funded as line items in the General Fund budget within the "Outside Agency - Discretionary" category. The agencies funded in this category support various programs and activities. Included in this category are Center In The Square, Taubman Museum of Art, Total Action for Progress, Virginia Municipal League, and support /sponsorship for other agencies and programs. The Roanoke Community Garden Association is the only agency /program not funded in FY 2017 that received funding in FY 2016 for reasons not related to the program being discontinued /relocated (Roanoke Valley Horse Show and Commonwealth Games) or a decision made not to participate as a member of the organization (Virginia First Cities Coalition). Funding to agencies in this category is completely discretionary and there is no formal commitment to provide a specific level of funds from one year to the next. Because the agencies and programs funded in this category focus on avariety of different activities, it is difficult to implement a scoring and rating system that would be equitable. Consequently, the recommendation to fund each agency /program is based on the individual merits of each request. Staff followed the direction of the Council to reallocate recommended funds from the Roanoke Community Garden Association to the Local Environmental Agriculture Project (LEAP) program. There is the need to develop general guidelines for funding agencies and programs in the "Outside Agency - Discretionary" category. Staff will develop options for the provision of funding in this category for the FY 2017 -2018 budget development process for Council consideration at the financial planning retreat that is held in the September- October time frame. Since we will be revising the allocation process for FY 2018, 1 recommend the Roanoke Community Garden Association be funded at the $10,000 level in FY 2017. Funding can be provided via a transfer from the budget contingency. Thank you for considering the information a ove. tIopher P. Morrill City Manager c: Council Appointed Officers CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Ft.: (540)853-1145 STEPBANIE M. MOON REYNOLDS, MMC E-mail: clerk®roenokcva.gov CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk May 17, 2016 Nicole Ashby, Secretary Parks and Recreation Advisory Board Roanoke, Virginia Dear Ms. Ashby: This is to advise you that Geoffrey W. L. Manning has qualified as a member of the Parks and Recreation Advisory Board to fill the unexpired term of office of Erin M. Dudley ending March 31, 2017. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Geoffrey W. L. Manning, 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 to fill the unexpired term of office of Erin M. Dudley ending March 31, 2017, according to the best of my ability. (So help me God.) r�ZEZFFRVY W. L. MANNING The foregoing oath off office was taken, sworn to, and subscribed before me by Geoffrey W. L. Manning this r) day of(./� 2016. Brenda S. Hamilton, Clerk of the Circuit Court By Jerk Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40502 - 051616 amending and reordaining Section 24 -97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016; and is in full force and effect upon its passage. Sincerely, "� &� h,. ry �� �InZ� Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Brenda S. Hamilton, Clerk, Circuit Court Rick Kahl, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Brian Townsend, Assistant City Manager for Community Development Steven Buschor, Director of Parks and Recreation Timothy Jones, Acting Police Chief Robert Clement, Neighborhood Services Coordinator CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Tek,ir.ac (540)853 -2541 F. : (540)8531145 .STEPHANIE M. MOON REYNOLDS, MMC E -nail: clerkun roanokevu.gov CECELIA F. MCCOY City Clerk Deputy City Clerk May 17, 2016 y CECELIA T. WEBB, CMC Assistant Deputy City Clerk Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40502 - 051616 amending and reordaining Section 24 -97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016; and is in full force and effect upon its passage. Sincerely, "� &� h,. ry �� �InZ� Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Brenda S. Hamilton, Clerk, Circuit Court Rick Kahl, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Brian Townsend, Assistant City Manager for Community Development Steven Buschor, Director of Parks and Recreation Timothy Jones, Acting Police Chief Robert Clement, Neighborhood Services Coordinator ff VD IN 'It II'. COUNCIL OE THE CITY OF ROANOKE, VIRGINIA The 16th day of May, 2016. No. 40502- 051616. AN ORDINANCE amending and teordaining Section 24-97, Possession or consumption ()['-alcoholic hcyealLeS,, of Article IV, Parks, of Chapter 24, Public Buildinus and Property Gencrally, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: Section 24 -97, Possession or consumption of alcoholic beveraees, of Article IV, Parks, of Chapter 24, Public Buildings and Prooertv Generally, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordamed to read and provide as follows: Sec. 24 -97. Possession or consumption of alcoholic beverages. (a) If any person, in or upon the grounds of any city park, shall take a drink of any alcoholic beverage or have in his possession any alcoholic beverage or any beverage in any container labeled as an alcoholic beverage, he shall be guilty of a Class 4 misdemeanor. As used in this section, the term "alcoholic beverage" shall have the meaning set forth in section 4.1 -100, Code of Virginia (1950), as amended. (b) Subsection (a) of this section notwithstanding, the city manager is hereby authorized to allow alcoholic beverages to be consumed on the premises of Elmwood Park, Century Square at Church Avenue, S.E., designated as Official Tax N4ap No. 4010305 acro.a , ki'm pire_g;nnioit No I ( "Century Square "), Mill Mountain Park (including the Discovery Center and any shelters at Mill Mountain Part.), Mountain View (including Mountain View Recreation Centel), Vic 5honras Park, Wells FargoWae4wrvia Plaza at Market Street, S.E., located adjacent to the Market Square Walkway ( "Wells FargoWae4wht Plaza "), Reserve Avenue Park, SunTrust Plaza, fflid Preston Park (including Preston Park Recreation Center), Fallen Park (including Fallon Park Shelter, but not inCluding Fallon Park Pool and Fallon Pail: School, which includes the buildings and the adjacent property used and maintained by Roanoke City Public Sebook). and Fat" PdrkFN"Y, Smitb Park (including Smith Park Shelter), Highland Pail, (not including the enclosed area desiynlated as Highland Dog Park within Highland P:o l,l_ and Wascmi Park dcslyuulcd:n ()III, M] I;tv Map Nu_ "?301 ((nclodioc \{':ucnu lirkk 9hcller <ind AA'uvcna Siene Shcl[ci ), hereint Itcl collectively Iefenrocl to its Ihe "designated park fact l itI"," under the lid low] ng conch l ions: (1) Any applicant seeking to .eelve or permit the consumption of alcoholic beverages in the designated park facilities shall apply to the city manage for an alcohol permil, allowing till- posseasion, consumption, distribution or sale of alcoholic beverages within file designated park facilities. If the alcohol permit is issued by the city manager, the applicant shall also obtain all appropriate permits and licenses from the state department of alcoholic beverage control ( "ABC Bollld "). The issuance of the city's alcohol permit shall be conditioned upon the issuance of a permit or license by the ABC Board on the same terms and conditions as the city's alcohol pennit. A copy of the ABC permit shall be filed with the city manager at (cast three (3) business days before the first day of the event which is the subject of the city's alcohol permit; (�l (hill - sedtent SOI(e) noupfaGl oodc I file ?6 of the [looted Slates Code nun+ apply loo -Ihe rii_v's alcohol- permit -[,,I Hruwood Pad". ('cutely- Sgnarc; Mill Mourdain Park (nor ufclufing:+hrDko:ovvl V Ccruel1. Wuebovrc- Plaza, jail I'rcetno fur 1, Any pum000r ia3tuy jolly apply lbr the ,olds alcohol poullil f4i +k4mo no Aview, fill- Discovefv 'Cucv, Reset Vc .A, emw llai #,- and ,no I I ti l Plana: (31) The applicant shall comply in all respects with all applicable rules, regulations, terns and conditions of the ABC Board, or any permit or license issued by the ABC Board; 0 L) The city manager shall designate, in writing, the bone and place where alcoholic beverages may be possessed, consumed, distributed or sold within the designated park facilities; ( 4) No city alcohol permit shall be issued which shall allow the possession or consumption of alcoholic beverages after 12:00 a.m. (midnight), or the distribution or sale of alcoholic beverages forty -five (45) minutes prior to the required cessation of the event for which the permit is issued; (b) May Rppliuitnt whieh w +f seenoo 3&I(Cy floopudn- orattnifa6ionLouder Title ?6 of the United Su4oa Code wltitll a city- lt;4+ol fvi-mif shalf-produce, at the fi>m of applictclual,, wiiHen evidence, saristeetory-to the city frianageF- ot= Hi- tNC+kiy -as a semen 5uf(e) enpre €n- c,rganifa#i<ai t3n(Tef'Fitk- 2l +eFthc- llni"-,�4atcs Glad c: (75) No glass containers shall be used to consume alcoholic beverages within the boundaries of the designated park facilities; (g6) Each applicant shall obtain insurance of a type and for an amount acceptable to the office of risk management for the city. The issuance of the city's alcohol permit shall be conditioned upon the applicant providing it copy of it Celt if! caIe of insurance, evidencing appropriate and acceptable i n5nr all CC, at the limn of application; (1) Hach application shall be accompanied by a refundable deposit established by the city manager, and published in the city's fee compendium. The refundable deposit shall be for any clean -up necessitated by the applicant's use 01' tile designated park facilities. The determination of whether any clean -up is necessitate(] by the applicant's use of either of the designated park facilities, and the cost of that clean -up, shall be within the city manager's sole and absolute discretion. The amount of any refund shall be determined within five (5) business days after the last day of an event which is the subject of a city alcohol permit, and any refund, or notice of no refund, shall be made as soon as reasonably possible after the five (5) business day period. In the event that the cost of the clean -up exceeds the amount of refundable deposit, the applicant shall be responsible for the diffcrcncc; ( I os) The fee for an alcohol permit to allow alcoholic beverages to be consumed on the premises of the designated park facilities, pursuant to this section, shall be established by the city manager, and published in the city's fee compendium; and (1 I Q) The city manager is authorized to make such other rules and regulations not inconsistent with the Code for the City of Roanoke (1979), as amended, or the Code of Virginia (1950), as amended, as may be necessary to govem the use of the premises where alcoholic beverages may be possessed, consumed, distributed or sold. 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 CITY OF ROANOKE CITY COUNCIL taa� 215 Church Avenue, S.W. \ 'w nbd C Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011 -1536 Telephone, (540) 853 -2541 DAVIDA.BOWERS Fax'. (540) 853 -1145 Council Members Ylayur William D. Bestpitch Raphael E. "Ray" Farms Sherman P. Lea Anita J. Price Court G. Rosen May 16, 2016 David B. Trinkle The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Report on Proposed Amendments to Section 24 -97, Code of the City of Roanoke (1979), as amended Background Presently, Section 24 -97 of the City Code provides that at certain designated parks within the City persons may apply for a permit to allow the possession, consumption, distribution, or sale of alcoholic beverages within such designated park facilities. The designated park facilities are Elmwood Park, Century Square at Church Avenue, S.E., Mill Mountain Park (including the Discovery Center), Mountain View, Wachovia Plaza at Market Street, S.E., Reserve Avenue Park, SunTrust Plaza, and Preston Park. City Code also limits application for permits to nonprofit organizations under Title 26 of the Internal Revenue Code with respect to Elmwood Park, Century Square, Mill Mountain Park (not including the Discovery Center), Wachovia Plaza, and Preston Park. Other designated park facilities are not subject to this restriction. City Code also specifies several requirements that an applicant must satisfy in order to receive a permit from the City Manager. These requirements include compliance with all requirements of the State Department of Alcoholic Beverage Control (ABC), receiving a permit from ABC, designating the hours of operation and place within the designated park facility where the permit will be used, and providing the necessary insurance coverages as required by the City's Risk Manager. Considerations I am requesting through this letter and the attached ordinance that the City Council consider amendments to Section 24 -97 to increase the number of designated park facilities within the City at which an alcohol permit may be issued. The specific parks that would be added are Vic Thomas Park, Fallon Park, Smith Park, Highland Park, and Wasena Park. The proposed amendment also specifies certain locations within these parks that would be expressly excluded including the area of Fallon Park School (buildings and adjacent property used and maintained by RCPS), Fallon Park Pool, and Highland Dog Park. The amendment also clarifies and updates the name of a certain permitted location (Wells Fargo Plaza), and also clarifies the inclusion of certain shelters and buildings at some of the parks. The proposed amendment also removes the provision of Section 24 -97 that limits alcohol permits to nonprofit organizations with regard to certain designated park facilities. At one time, it created little adverse impact to close downtown streets for festivals and other events which brought people into the City, benefitting our local economy and enhancing the quality of life for our citizens and neighbors throughout the region. With the growth of downtown living and commercial activity, requests for street closures are now more often problematic than helpful, and the demand for the use of the limited number of public spaces in downtown has grown. Providing additional venues and opportunities for public assemblies, festivals, fundraisers, and other events in appropriate public spaces would reduce the need to use public streets and address the overuse of existing public spaces for such events. I have reviewed with City Administration the most appropriate parks to add to the list of parks within which a permit for the consumption of alcoholic beverages may be applied for and granted under the terms and conditions of Section 24 -97, and regarding the removal of the provision that limits alcohol permits to nonprofit organizations to certain designated park facilities. I ask favorable consideration by Members of City Council of this proposed amendment to City Code Section 24 -97 as attached to this letter. Sincerely yours, William Bestpitch City Council Member Attachment Cc: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Steven Buschor, Director, Parks and Recreation Q 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: clerkClroanokeve.gov CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. W EBB, CMC Assistant Deputy City Clerk May 17, 2016 Theresa Hunter, Budget and Grants Manager Virginia Department of Fire Programs Finance Branch 1005 Technology Park Drive Glen Allen, Virginia 23059 -4500 Dear Ms. Hunter: I am enclosing a copy of Resolution No. 40503 -01616 authorizing the acceptance of the FY 2017 Regional Fire Service Training Facilities Grant offered by the Virginia Department of Fire Programs in the amount of $15,000, with no matching funds from the City, to be used to purchase a trailer and training equipment for the City's Regional Fire -EMS Training Center. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016. 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 Sherman Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Management and Budget David Hoback, Chief of Fire and EMS Tiffany Bradbury, Fire Prevention Specialist IN THE COUNCIL OF THE CITY OF ROANOKF, VIRGINIA The 16th day of May, 2016. No. 40503- 051616. A RESOLUTION accepting the Regional Fire Service Training Facilities Giant to the City from the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the FY 2017 Regional Fire Service Training Facilities Grant offered by the Virginia Department of Fire Programs in the amount of $15,000, with no matching fiords from the City, to be used to purchase a trailer and training equipment for the City's Regional Fire -EMS Training Center. The grant is more particularly described in the City Council Agenda Report dated May 16, 2016. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. R -VDFP FYl7- Regional Rra Service T.... ing Facilities Grem- 5.1616 -doe ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of May, 2016. No. 40504- 051616. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs for a mobile training center and training equipment, 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 Expendable Equipment ( <$5,000) Vehicular Equipment Revenues VFSP Training Center Grant FY16 35- 520 - 3740 -2035 $ 8,701 35- 520 - 3740 -9010 6,299 35 -520- 3740 -3740 15,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: YYyyyyCC�, City �'� Clerk.� eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 16, 2016 Subject: Virginia Department of Fire Programs (VDFP) Training Grant Acceptance (CM16- 00052) Background: Earlier this year, the Virginia Department of Fire Programs (VDFP) accepted applications for grants to be used by local fire departments for training purposes. The City of Roanoke received notification that the City will be receiving $15,000. The funds will be used purchase a trailer and training equipment for the City's Regional Fire -EMS Training Center. Considerations: City Council action is needed to formally accept these funds. Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements or documents, such to be approved as to form by the City Attorney. Establish a revenue estimate of $15,000 in the Grant Fund and appropriate funding in the same amount into an expenditure account establish by the Director of Finance. a__ - -,- /_J__ ------------ Christopher P. Morrill City Manager Distribution: Council Appointed Officers Barbara A. Dameron, Director of Finance Sherman Stovall, Assistant City Manager for Operations 4.1r y Melvin D. Carter Finance arancM1 €x€OW,VE URECTOS Virginia Department of 'Fire Programs 100s recn -1o1 PanD1— G1- Allen ,vA 230594500 Phone. 004191L220 Fa, 800371 3358 May 2, 2016 Tiffany Bradbury 713 Third Street, SW Roanoke, VA 24016 Dear Ms. Bradbury: On behalf of the Virginia Fire Services Board, we are pleased to advise the City of Roanoke, Virginia of a grant award of up to $15,000 according to the scope of work included in the original application submitted for the Regional Fire Service Training Facilities Grant. This award is effective: FY2017 Accordingly, the City has until June 30, 2017 to collect their award consistent with the terms and conditions of the mutually executed Agreement. Please be aware the performance period for this grant is 07/01/2016 — 06/30/2017, all work Performed outside this performance period will NOT be reimbursable under this grant. The grant award is being offered to fund a trailer and training equipment. Two originals of the Agreement are included. The City Manager must sign both originals and have them sent to my attention. Both originals will be counter signed by the Virginia Department of Fire Programs. One original will be returned to the County for local file retention. No funds disbursements will be authorized or released without the executed disbursement Agreement. Funds disbursement for the Regional Fire Service Training Facilities Grant are reimbursement only (up to actual costs incurred by the jurisdiction) and may be made in one (1) payment upon completion of the project, submission of supporting documentation of eligible costs, and inspection of training prop by VDFP. In order to be eligible for final payment, the prop must be placed in operation. It is the responsibility of the jurisdiction to maintain all such records subject to audit by this Agency or its assignees for a period of five (5) years following the date of the last transfer of award funds to the grant recipient. Page 1 oft www.vafire.corn If you have any questions, feel free to contact me at my office 804- 249 -1958 or via email at Theresa hunteroavdfo.vimi aur.gov. Respectfully, 14. Theresa Hunter Budget and Grants Manager Enclosure Christopher Morrill, City Manager Walter Bailey, Chair, Virginia Fire Services Board Melvin D Carter, Executive Director, Virginia Department of Fire Programs Page 2 of 2 ..vafire.com CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Tcleploac (540)853 -2541 Fax: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail elerk(nknaimke...gav CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. W ERR, CMC Assistant Deputy City Clerk May 17, 2016 Jeffrey D. Stern, State Coordinator Department of Emergency Management 10501 Trade Court North Chesterfield, Virginia 23236 -3713 Dear Mr. Stern: I am enclosing copy of Resolution No. 40505- 051616 authorizing the acceptance of the FY2016 - 2017 Local Emergency Management Performance Grant (LEMPG) to the City from the Virginia Department of Emergency Management (VDEM), and authorizing the execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016. 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 Marci L. Stone, Emergency Services Coordinator r) IN Lill: C'OUNC'IL CF'f [ill CPPY OF R OANOKE, VIRGINIA The 16th day of May, 2016. . No. 40505- 051616. A RESOLUTION accepting the FY2016 -2017 Local 111lergency Management Performance Gann (LEMPG) to the City from the Virginia Department of Emergency Management (VDFM), and authorizing execution of any required docunnculation on behalf of the City. HE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City of Roanoke does hereby accept the FY2016 -2017 Local Emergency Management Performance Grant (LEMPG) offered by the Virginia Department of Emergency Management (VDEM) in the amount of $53,387, with a required Local match from the City of Roanoke in the amount of $53,387, for a total award of $106,774, to be used to support the emergency management activity, which will include the Emergency Manager's salary, planning and vehicle. The grant is more particularly described in the City Council Agenda Report dated May 16, 2016. 2. 'file City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's acceptance of the grant, 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- VDEM -LEMPG Gran[ A,I,p1mm1-FY16 -17 - 5.1616 doe ATTEST: C�YO, 17 � City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 16, 2016 Subject: Virginia Department of Emergency Management (VDEM) Local Emergency Management Performance Grant (LEMPG) Grant Acceptance (CM16- 00053) Background: The VDEM Grants Office has approved the application for funding under the FY2014 LEMPG, CFDA# 97.042, in the amount of $53,387. The City of Roanoke will use this grant funding to support local emergency management performance. This will include the Emergency Manager salary, planning and vehicle. This is a 50/50 grant requiring the City of Roanoke to provide $53,387 in local funds. Matching funds are provided by the City of Roanoke Fire -EMS Department. Considerations: The revenue from this grant is included in the FY2017 adopted budget. City Council action is needed to formally accept these funds. Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements or documents, such to be approved as to form by e City Attorney. - - - - -- ---------------- topher P. Morrill City Manager Distribution: Council Appointed Officers Sherman Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Virginia Department of r Emergency Management I RECIPIENT NAME AND ADDRESS (Indudlrg Zip Cade) Ir�canake City pica C. Taylor Municipal Building p15 Chumh Avenue, S W. Rm 364 oanoke, VA 24011 2. GRANTEE IRSNENDOR NO. 64fi001569 3. Loral Emergency Management Patamaio, Grail L Grant Agreement Pagel of 3 4 AWARD NAME 20151peal EmergencYManagement'' Perlormanw Grant IFS PROJECTPEmOD FROM 0110V2015TO 06102018 BUDGET PERIOD FROM 071012015 TO 06G02016 1 ,R. AWARD DATE: ARn121,2016 ' 7. TOTAL AMOUNT OF THIS AWARD $106,774.00 B. FEDERAL AMOUNT OF THIS AWARD- $53,387.00 _ 19. 1 RECIPIENT NON - FEDERAL COST SHARE .. R O PM M 700 10. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE($). 11. STATUTORY AUTHORITY FOR GRANT - - -- The project is supported under The Robert T Staffcm Disaster Relief and Emergency Assistance act (Public Law 93 -I 12. METHOD OF PAYMENT -- Canmonwealth a(Urgina Aavunlvg System AGENCYAPPROVAL 11 TYPED NAMEAvDITTLE OFAPPROVING VOEM OFRCIAL i Jeffrey D. Slem Ph.D, State Coordinator ..15. SIGNATUR�F,OF gPPRvsvG YDEM OFFICI L r ._.. _ GMNTFE ACCEPTANCE _ 14. TYPEDrYMEANO TRLE OF gUMOm2E0 GRM1iEE� OFFICIAL Sherman Stovall Assistant City Administrator I j _ 16. SnIGnrl4TUfE OF /ryg�UTMpRI/JZED�RE/C}I�REM OFFICIFL ' � �+2JY1N✓ 1 /U. NMMI1� 16 DATE a 1 aJel It.T �,� i AI�^Ak Virginia Department of AWARD CONTINUATION SHEET 71 Emergency Management Grant Agreement Page 2 of 3 Aw"Name2n15trcal Fnag Menessmw Palomar Gran) Gmnl Award Oafs APN21, able SPECIAL CONDITIONS 1. The grantee antl any wbgranlee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. The administrative and audit requirements and cast principles that apply to DHS award recipients originate tram 2 C F Pad 200, Uniform Administrative Requirements, Cost Pn'ocipfes, and Audi Requirements for Federal Awards, as adopted by DHS. 2. Recipient understands and agrees (hat it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express pear written approval of FEMA. J The recipient must submit a Ouarlerly Progress Report . Failure to provide this information may result in VDEM withholding grant funds from further obligation and expenditure. Reports are due on January 15, April 15, Jdy 15, and October 15. A report must be submitted far every quarter of the penod of pedmmance, including partial calendar quarters, as well as for periods where no grant activity occurs . Future awards and fund draw dowas may be withheld, if these reports are delinquent. The final Progress Report Is due 90 clays after Me end dale of the performance period. 4. in the event VDEM determines that changes are necessary to the award document after an award has been made, including changes to period of pedornance or terms and conditions recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. S. The recipient shall not undertake (obigate(expend federal and/or matching funds) any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to communications lowers, physical security enhancements, new construction, and motli0cabons to buildings, structures, and objects Mat are 50 years old or greater, Recipient must comply with all mndit splaced on the project as the result of the EHP review. Any change to the approved prged snipe of work will require re evaluation for compliance with these EHP requirements. If ground disturbing activities occur during prajed implementation, the recpient must ensure monitoring of ground dsturbancs, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any mnstrudion arowities that have been initiated without the necessary EHP review and approval will result in a non - compliance finding and will not be eligible for FEMA funding. 6. The recipient agrees Mal federal funds under this award will be used to supplement, but not supplant, stale or local funds for emergency preparedness. "9110rAiRg la Protect Peep /e, Pruperb and Our Conunnniliey" Virginia Department of AWARD CONTINUATION SHEET 'Irw.71' Emergency Management 99 \ \ \ \RsLLJJ // Grant Agreement Page 3 of Awardnamte 2o15Supplenenlal Emn9aKyrgmlage lPMwmarce G2n1 GranrAwatleafe' Api12lr Ml6 T. The recipient agrees that the use of the funds under this grant will be in accordance with the Fiscal Year 2015 guidelines and must support the goals and objectives included in the Stale Homeland Security Strategy 8. The recipient agrees that all publications created with funding under this grant shall prominently contain the following sletemenl.'This document was prepared under grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or polkies of FEMA's Gant Programs Directorate or the U.S. Department of Homeland Secwi I 9. The recipient agrees that when practicable, any equipment Purchased Win grant funding shall be Prominently marked as follows 'Purchased with funds provided by the U.S. Department of Homeland Security.' 10. The recipient agrees to cooperate with any assessments, national evaluation eeorts, or information or data collection requests, ino uding, but limited lo, the provision of any information required for the assessment or evaluation of any activities within this project. 11. National Incident Management System Implementation Compliance In accordance with HSPD -S, the adoption of the NI MS is a requirement to receive federal preparedness assistance through grants, contracts, and other activities. No federal funds will be released to the primary grantee and any other entity participating and benefiting in this project if this requirement has not been met. In the event of a Corrective Action Plan submitted, VDEMISAA will determine if the sub-granlee(s) has (have) made sufficient progress to disburse funds. 12. All conferences and workshops using federal Preparedness funds most pertain to the being funded. project The recipient agrees to submit a Trip Report when using federal funds to attend a conference or workshop. The Trip Report template can be found at www,werfergencynov under Omni Information. These reports must be remilted Mth your request for reimbursement. Failure to do so will result in a delay of payment until received 13. Recipients agree that under program guidelines, travel expenses are allowable for approved training, planning, administrative, and exercise activities following local, state, and federal guidelines. Pnorrto traveling for these activities outside of contiguous United Stales (OCONUS) as well as to Canada and Mexico, oreaoorovat is required by the stale and FEMA through the SA A, office. Please reference 2 CFR 200.403, in regard to reasonableness when considering requests for travel of Nis type. Where applicable, you should also reference the following regarding travel the Western Hemisphere Travel lniliative(hualfwww dhc g9yni,,,,,wramsi 12006357977 "Wanking to Prolecf People, Prnperfl' and Our Contmu ri(ies" CITY OF ROANOKE OFFICE OF THE CITY CLERK 0 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2W1 Fax: (540)853 -1145 $'rEFRANIE M. MOON REYNOLDS, MMC E -mail r1erk(&,roaaokeva.gov CECELIA F. McCOY City Clerk Deputy City Clerk CECELIA T. WEBB, CMC A Axet rt Deputy City Clerk May 17, 2016 Jeffrey D. Stern, State Coordinator Department of Emergency Management 10501 Trade Court North Chesterfield, Virginia 23236 -3713 Dear Mr. Stern: I am enclosing copy of Resolution No. 40506 - 051616 authorizing the acceptance of the FY 2015 State Homeland Security Program Grant offered by the Virginia Department of Emergency Management in the amount of $44,000, and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Marci L. Stone, Emergency Services Coordinator 1N IN "I'I IIS COUNCIL Oh "fill'. CI "I'Y OI; ROANOKI?. VIRGINIA The 16th clay of May, 2016. No. 40506- 051616. A RESOLUTION accepting the FY 2015 State homeland Security Program Grant to the City from the Virginia Department of Emergency Management, and authorizing execution of any required documentation on behalfofthe City. BE IT RESOLVED by the Council of the City of Roanoke as follows- 'file City of Roanoke does hereby accept the FY 2015 State Homeland Security Program Grant offered by the Virginia Department of Emergency Management in the amount of $44,000, with no matching fiords from the City, to be used to install a quick connect device at the Berglund Center. The grant is more particularly described in the City Council Agenda Report dated May 16, 2016. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to famish such additional information as may be required in connection with dle City's acceptance of this grant. ATTEST: R- Homeland Seenfliy fts a,l GI.,tvDEoa -FYI 5-QL;lCk Conned Device 5.16. Iddoc City Cleric 111 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of May, 2016. No. 40507- 051616. AN ORDINANCE appropriating funding from the United States Department of Homeland Security (DHS) through the Commonwealth of Virginia Department of Emergency Management (VDEM) for the electrical equipment necessary for a quick connect device, 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 Other Equipment Revenues VDEM SHS Mass Care Shelter Enhancement FY15 35- 520 - 3763 -9015 $ 44,000 35 -520- 3763 -3763 44,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ig City Clerk. E) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 16, 2016 Subject: Virginia Department of Emergency Management (VDEM) State Homeland Security Grant Acceptance (CM16- 00054) Background: The VDEM Grants Office has approved the application for funding under the FY2015 State Homeland Security Grant, in the amount of $44,000. The City of Roanoke will use this grant funding to install a quick connect device at the Berglund Center. The Berglund Center serves as the valley's emergency shelter during times of crisis or disaster. Currently the Berglund Center does not have a generator that could be utilized should the power fail during sheltering. The quick connect device will be installed on the building to allow emergency responders to easily connect a generator in the event of a power failure. Considerations: City Council action is needed to formally accept these funds. Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements or documents, such to be approved as to form by the City Attorney. Establish a revenue estimate of $44,000 in the Grant Fund and appropriate funding in the same amount into an expenditure account established by the Director of Finance. ------------------- stopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Virginia Department of © Emergency Management 1. RECIPIENTNAMEgNDADD UlrCiudino Ziot Roanoke City Noel C. Taylor Municipal Building 215 Church Avenue, S W. Rm 364 Roanoke. VA 24011 2, DRAWEE IRSNENDOR NO 54 6001569 Grant Agreement Page 1 of 3 1 AWARDNAME 2015 State Homeland Sidi Grant PROJECTPERIOD: FROM 09I0112015TO OM12017 BUDGETPERIOD. FROM 09I0112015TO 03/312017 B. AWARD DATE. May$ 2mfi 7. TOTAL AMOUNT OF THIS AWARD 544,000.00 8. FEDERAL AMOUNT OF THIS AWARD $44,000.00 9. RECIPIENT NON- FEDERAL COST SHAREREDUIREMENT $ 0.00 3, FY15 Mass Care Shelter Enhancement 10. SPECIAL CONDTIONS: THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED FACETS). 11. STATUTORY AUTHORITY FOR GRANT The project Is supported under The Robert T SIaHON Disaster Retie /and Emergency Assistance act (Public Law 93 -298) 12. METHOD OF PAYMENT CommonweaXM1 of Virginia Accounting System AGENCYAPPROVAL GRANTEE ACCEPTANCE 13. TYPED NAME AND TITLE OF APPROVINGVDEMOFFIGIAL 14. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Jeffrey D. Stern Ph.D. Sherman Stovall State Coordinator Assistant City Manager 15SIGNATUREOFAPPROVINGV DEMOFFICIAL 16 . 51GN4TURE OF AUTHORIZED RECIPIENT OFFICIAL 16A. DATE � J Virginia Department of AWARD CONTINUATION SHEET Emergency Management Grant Agreement Page 2 of 3 Award Name: 2015 Sate Homeland Secunly Grant Grant Award Date May 2, 2m6 SPECIAL CONDITIONS 1. The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. The administrative and audit requirements and cost principles that apply to DHS award recipients originate from 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as adopted by DHS. 2. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. 3. The recipient must submit a Quarterly Progress Report . Failure to provide this information may result in VDEM withholding grant funds from further obligation and expenditure. Reports are due on January 15, April 15, July 15, and October 15. A report must be submitted for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Future awards and fund draw downs may be withheld, if these reports are delinquent. The final Progress Report is due 90 days after the end date of the performance period 4. In the event VDEM determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the awartl. 5. The recipient shall not undertake (obligate /expend federal and/or matching funds) any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings, structures, and objects that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re- evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non - compliance finding and will not be eligible for FEMA funding. 6. The recipient agrees that federal funds under this award will be used to supplement, but not supplant, state or local funds for emergency preparedness. "Wording to I'll People, Properil and Our Couunuuilics" Virginia Department of AWARD CONTINUATION SHEET Emergency Management Grant Agreement Page 3 of 3 Award Name: 2015 Slate Hmedand Security Grant Granf Award Dale: May 2, 2016 7. The recipient agrees that the use of the funds under this grant will hem accordance with the Fiscal Year 2015 guidelines and must support the goals and objectives included in the State Homeland Security Strategy 8. The recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Securit 1' 9. The recipient agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows'. 'Purchased with funds provided by the U.S. Department of Homeland Security' 10. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 11. National Incident Management System Implementation Compliance In accordance with HSPD -5, the adoption of the NIMS is a requirement to receive federal preparedness assistance through grants, contracts, and other activities. No federal funds will be released to the primary grantee and any other entity participating and benefiting in this project if this requirement has not been met. In the event of a Corrective Action Plan submitted, VDEM /SAA will determine if the sub - grantees) has (have) made sufficient progress to disburse funtls. 12. All conferences and workshops using federal preparedness funds must pertain to the project being funded. The recipient agrees to submit a Trip Report when using federal funds to attend a conference or workshop. The Trip Report template can be found at www vaemeroencv oov under Grant Information. These reports must be remitted with your request for reimbursement. Failure to do so will result in a delay of payment until received. 13. Recipients agree that under program guidelines, travel expenses are allowable for approved training, planning, administrative, and exercise activities following local, state, and federal guidelines. Prior to traveling for these activities outside of contiguous United States (OCONUS) as well as to Canada and Mexico, oreaoproval is required by the state and FEMA through the SAA office. Please reference 2 CFR 200403, in regard to reasonableness when considering requests for travel of this type. Where applicable, you should also reference the following regarding travel: the Western Hemisphere Travel Initiative (http:OwwwAhs -oov /files /programs /ge 1200693579776shtm)- "Working to Protect People, PropertT and Our Conununities" GO SUPRANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'telephone: (540) 853 -2541 Fit.: (541)853 -1145 E- ,nail: elerk(u)raaaokeva.gav May 17, 2016 Gary Larrowe, County Administrator Botetourt County 1 West Main Street Box 1 Fincastle, Virginia 24090 Dear Mr. Larrowe: CECELIA F. MCCOY Deputy City Clerk CECELIA T. W EBB, CMC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 40508- 051616 authorizing execution of a First Amended Intergovernmental Agreement expanding the Roanoke Valley Greenway Commission by and among the City of Roanoke, Virginia, the City of Salem, Virginia, the Town of Vinton, Virginia, and Roanoke County, Virginia, to include Botetourt County, Virginia, as a member, effective July 1, 2016, 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, May 16, 2016; and is in full force and effect upon its passage. Sincerely, S� tephanieh'1 City Clerk Enclosure Moon Reynolds, MMC c: Kevin Boggess, City Manager, City of Salem, 114 North Broad Street, Salem, Virginia 24153 Barry W. Thompson, Interim Town Manager, Town of Vinton, 311 South Pollard Street, Vinton, Virginia 24179 Thomas C. Gates, County Administrator, Roanoke County, 5204 Bernard Drive, Roanoke, Virginia 24018 Gary Larrowe, County Administrator May 17, 2016 Page 2 Benjamin Tripp, Chairman, Roanoke Valley Greenway Commission, 1206 Kessler Mill Road, Salem, Virginia 24153 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Brian Townsend, Assistant City Manager for Community Development Steven C. Buschor, Director of Parks and Recreation Philip C. Schirmer, P.E., City Engineer Donnie Underwood, Parks and Greenways Planner IN "1'11['2 COUNCIL OF THE C IY 01: ROANOKE, VIRGINIA The 16th day of May, 2016. Na. 40508- 051616. AN ORDINANCE authorizing execution of First Amended Intergovernmental Agreement listablishing the Roanoke Valley Greenway Commission; expanding such Agreement to include Botetourt County as a member; and dispensing with the second reading of this ordinance by title. WHEREAS, the propose of the Roanoke Valley Greenway Commission (hereinafter, "Commission ") is to promote and facilitate coordinated direction and guidance in the planning, development, and maintenance of a system of greenways throughout the Roanoke Valley; WHEREAS, theiurisdictions that are a member of the Commission are the City of Roanoke, Roanoke County, the City of Salem, and the Town of Vinton; WHEREAS, there is an opportunity to expand this successful partnership by including Botetourt County as the Commission's newest member: and WHEREAS, authorizing Botetourt County to become a member of the Commission will enable the partnering locality members to join forces and include such opportunities for our citizens and visitors as connecting the greenway system to Carvin's Cove, the Appalachian Trail, national forests, and the James River. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, a First Amended Intergovernmental Agreement (hereinafter, "Fit st Amended Agreement") expanding the Roanoke Valley Greenway Commission by and among the City of Roanoke, Virginia, the City of Salem, Virginia, the Town of Vinton, Virginia, and Roanoke County, Virginia, to include Botetourt County, Virginia, such First Amended Agreement, effective begi nn ing 7uly 1, 2016, upon such terms and conditions as are more particularly described in the City Council Agenda Report dated May 16, 2016. 2. Pursuant to the provisions of Seel ioil 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk, 0- emG,6, RV GI- wey Connn1111on w Md aokronr, 2c., CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 16, 2016 Subject: Amendment of the Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission to Add Botetourt County as a Member (CM 16-00050) Background: The purpose of the Roanoke Valley Greenway Commission (Commission) is to promote and facilitate coordinated direction and guidance in the planning, development, and maintenance of a system of greenways throughout the Roanoke Valley. Currently the jurisdictions that are a member of the Commission are the City of Roanoke, Roanoke County, the City of Salem, and the Town of Vinton. Due to the success of the regional greenway system, there is an opportunity to expand this successful partnership by including Botetourt County as the Commission's newest member. Considerations: Authorizing Botetourt County to become a member of the Commission will enable the partnering locality members to join forces and include such opportunities for our citizens and visitors as connecting the greenway system to Carvin's Cove, the Appalachian Trail, National Forests, and the James River. The current intergovernmental agreement states that in order to add a new member, each existing member must pass an ordinance to that effect. At its March 23, 2016 board meeting, the Commission unanimously passed a resolution recommending Botetourt County's inclusion into the Greenway Commission. If approved by the member localities, Botetourt County would become a member of the Commission as of July 1, 2016. Recommended Action: Adopt an Ordinance approving the addition of Botetourt County to the Roanoke Valley Greenway Commission, and authorizing the City Manager to execute the Amended Intergovernmental Agreement, approved as to form by the City Attorney, and substantially similar to the Agreement attached to this report, and authorizing the City Manager to take such actions necessary to administer and enforce such Agreement on behalf of the City of Roanoke. -- ------ - -- - - -- - - - - -- Ch ' r P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Steven C. Buschor, Director Parks and Recreation Donnie Underwood, Parks and Greenways Planner Barbara A. Dameron, Director of Finance Philip C. Schirmer, P.E., City Engineer Benjamin Tripp, Chairman, Roanoke Valley Greenway Commission AMENDED AND RESTATED INTERGOVERNMENTALAGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY COMMISSION AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY COMMISSION July 1, 2016 This Amended and Restated Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission is made as of this 1" day of July, 2016, by and among the City of Roanoke, Virginia, the City of Salem, Virginia, the Town of Vinton, Virginia, the County of Roanoke, Virginia, and the County of Botetourt, Virginia. PREAMBLE A. The City of Roanoke, the City of Salem, the Town of Vinton, and the County of Roanoke ( "Original Participating Localities') entered into an Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission in 1997 ( "Intergovernmental Agreement") and revised the Intergovernmental Agreement in 2008. B. The Original Participating Localities desire to amend and restate the revised Intergovernmental Agreement to allow the County of Botetourt to join the Roanoke Valley Greenway Commission as a participating locality. C. The Original Participating Localities and the County of Botetourt have submitted this Amended and Restated Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission ( "Agreement ") to their governing boards for approval, and each locality has approved the Agreement in accordance with Section 15.2 -1300, Code of Virginia (1950), as amended. D. The Original Participating Localities and the County of Botetourt (collectively, the 'Participating Localities') agree that this Agreement shall amend, restate and replace the revised Intergovernmental Agreement. PURPOSE The purpose of the Roanoke Valley Greenway Commission ( "Commission') is to promote and facilitate coordinated direction and guidance in the planning, development, and maintenance of a system of greenways throughout the Roanoke Valley. 2. BENEFITS OF A GREENWAY SYSTEM This greenway system, in which each greenway is owned and operated by the Participating Locality in which it is located, is intended to enhance the quality of life for Valley citizens and visitors and to: (a) Provide safe and efficient alternative transportation linkages among recreational sites, open spaces, residential areas, employment centers, educational and cultural facilities, and other activity centers; (b) Encourage citizen wellness and maintain environments which promote opportunities for recreation activities; (c) Protect environmental assets and retain beneficial ecological habitats; (d) Maintain a contiguous urban forest ecosystem to reduce community wide environmental problems such as excessive storm water runoff, air quality degradation, water pollution, and urban climate change; (e) Promote an appreciation for the Valley's natural, historical and cultural resources and its neighborhoods; (f) Protect and link significant remnants of the community's undeveloped open spaces, woodlands, and wetlands; and (g) Enhance the Valley's appearance to encourage tourism, promote economic development, and improve the living environment for residents. 3. EFFECTIVE DATE, ESTABLISHMENT OF COMMISSION, AND PARTIES TO THE AGREEMENT This Agreement, and any amendments thereto, shall be effective, and the Commission shall be established, pursuant to §15.2 -1300, Code of Virginia (1950), as amended, upon its execution pursuant to the authority of ordinances adopted by the governing bodies of each of the City of Roanoke, the City of Salem, the County of Roanoke, the Town of Vinton, and the County of Botetourt, each herein being referred to as a 'Participating Locality ". Additional participating localities may be added as parties to this Agreement upon unanimous approval of an amendment to this Agreement by the existing Participating Localities and upon adoption of an ordinance by the governing body of the locality requesting to be added. 4. RESPONSIBILITIES AND DUTIES The Commission shall have the following responsibilities and duties: (a) To study the needs of the Roanoke Valley and the desires of the Valley residents as expressed in the Roanoke Valley Conceptual Greenway Plan, dated December 1995, the 2007 Update to the Roanoke Valley Conceptual Greenway Plan, and other Roanoke Valley Greenway Plan updates, as amended, to review these plans every five years and revise as necessary; and to encourage inclusion of a coordinated system of greenways into each Participating Locality's planning efforts, (b) To advise and inform the governing bodies and the citizens of the Valley of existing, planned, and potential opportunities for establishing greenways within the Valley; (c) To make recommendations to the governing bodies relative to desirable federal, state, and local legislation concerning greenway programs and related activities; (d) To investigate, recommend, and help solicit funding, grants, and /or donations of land, property or services from the Commonwealth of Virginia, the United States of America, their agencies, private citizens, corporations, institutions and others to promote, construct or maintain greenways within the Roanoke Valley, (e) To study and recommend uniform standards for the design and construction of greenways, including sign standards, to be employed Valley -wide; (f) To actively pursue and promote public/private partnerships, work closely with nonprofit organizations, and facilitate cooperation among Valley governments in developing, constructing, and maintaining a system of greenways throughout the Valley, (g) To coordinate the efforts of the federal, state and local jurisdictions in the Valley to create a Valley -wide system of greenways and trails that satisfy the needs of all the residents of the Valley, including those with special needs; (h) To assist the Participating Localities with developing project plans and timetables for greenways and with defining roles and responsibilities for each project, and (i) To coordinate with Pathfinders for Greenways, Inc. in its use of volunteers to assist Participating Localities with construction and maintenance of greenways and in its solicitation of private sector funding for greenway development. 5. MEMBERSHIP (a) The Roanoke Valley Greenway Commission shall be composed of members, appointed as follows: (1) Up to three (3) members from each of the Participating Localities to be appointed by the governing bodies, each for a term of three (3) years, with appointments to be staggered. Each member shall be a resident of the locality which he or she represents, (2) One (1) member appointed by the Roanoke Valley Transportation Planning Organization for a term of three (3) years; (3) Up to two (2) staff members from each of the Participating Localities, appointed by the chief administrative officer; and (4) One member appointed by Pathfinders for Greenways, Inc., the nonprofit group established to support greenways in the Roanoke Valley. (b) In addition to the above members, one representative from each of the following organizations shall serve as a non - voting member of the Greenway Commission: (1) The Western Virginia Water Authority; (2) The Roanoke Valley Alleghany Regional Commission; and. (3) Such interested organizations as the Commission may approve. (c) A vacancy for the remainder of any term of any member shall be filled by the governing body or person making the original appointment. n (d) The members of the Commission shall serve without compensation. MEETINGS (a) The Commission shall hold regular meetings at least once per quarter each calendar year. All meetings and hearings of the Commission shall be open to the public, except closed meetings may be held pursuant to the provisions of the Virginia Freedom of Information Act. Reasonable notice of the time and place of all regular and special meetings shall be given to the public. Meetings shall be called by the chair or upon request of a majority of the members. (b) The Commission shall adopt bylaws necessary to conduct the affairs of the Commission. OPERATING REVENUE (a) The Commission shall not operate as a fiscal agent. (b) Funding for the Commission shall be administered through an agreed -upon fiscal agent. (c) The Commission shall adopt an annual budget. (d) Operating revenue for the Commission shall be funded by the Participating Localities on an equal per capita basis as determined by the most recent population estimates of the Weldon Cooper Center for Public Service of the University of Virginia. (e) Annual funding requests from the Commission shall be made by February 1 of each year to the governing bodies of the Participating Localities. (f) The Commission shall be authorized to apply for and receive, through its fiscal agent, grants and donations for use in support of the greenway program. S. ADMINISTRATION (a) An annual report shall be prepared and submitted to the governing body of each Participating Locality each calendar year. (b) The Commission may establish any committees necessary to fulfill the responsibilities and duties of the Commission. 9. DURATION (a) This Agreement shall remain in force until terminated or modified by action of the governing bodies of all Participating Localities. (b) A Participating Locality may withdraw from this Agreement by adoption of an appropriate ordinance. 10. AMENDMENTS This Agreement may be amended only by approval by the governing bodies of each Participating Locality. 11. LIABILITY To the extent permitted by law, the Participating Localities agree to indemnify, keep and hold the members of the Commission and its staff free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of performance of the duties and responsibilities imposed by this Agreement. In the event of any suit or proceeding brought against members of the Commission or Its staff, the Participating Localities shall pay reasonable costs of defense. Any costs of the Participating Localities under this section shall be shared on a per capita basis as determined by the most recent population estimates of the Weldon Cooper Center for Public Service of the University of Virginia. SIGNATURES APPEAR ON FOLLOWING PAGES WITNESS our hands and seals as of the date set forth at the beginning of this Agreement. ATTEST: CITY OF ROANOKE By City Clerk Christopher P. Morrill, City Manager Approved as to form: Ordinance No.: City Attorney ATTEST: COUNTY OF ROANOKE By County Clerk Thomas C. Gates, County Administrator Approved as to form. Ordinance No.: County Attorney ATTEST: CITY OF SALEM City Clerk Kevin S. Boggess, City Manager Approved as to form: Ordinance No.: City Attorney 7 ATTEST Town Clerk Approved as to form: Town Attorney ATTEST: County Clerk Approved as to form. County Attorney TOWN OF VINTON By Barry W. Thompson, Interim Town Manager Ordinance COUNTY OFBOTETOURT By Gary Larrowe, County Administrator Ordinance CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fox: (54(1)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E- rruil: dnrk(ik)roanokovn.,e CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIAT. WEBB, CMC Assistant Deputy ON Clerk May 17, 2016 Thomas L. McKeon, Executive Director Roanoke Higher Education Authority 108 North Jefferson Street Room 208E Roanoke, Virginia 24016 Dear Mr. McKeon: I am enclosing copy of Ordinance No. 40509- 051616 authorizing execution of Amendment No. 1 to the Contract for the Purchase and Sale of Real Property, dated January 21, 2015, by and between the City of Roanoke, Virginia, and Roanoke Higher Education Authority, for real property situated at 209 Henry Street, N. W., Roanoke, Virginia, Official Tax Map No. 2013001, to extend the new construction commencement date to December 21, 2016, and to extend the completion date of the new construction to January 22, 2018. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon nolds,UMMC City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director of Economic Development Robert Clement, Neighborhood Services Coordinator M THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of May, 2016. No. 40509- 051616. AN ORDINANCE authorizing the City Manager to execute Amendment No. I to the Contract for the Purchase and Sale of Real Property, dated January 21, 2015 ( "Contract'), by and between the City of Roanoke, Virginia ( "City "), and Roanoke Higher Education Authority ( "RHEA "), for real property situated at 209 Henry Street, N.W., Roanoke, Virginia, designated as Official Tax Map No. 2013001, to extend the new construction commencement date to December 21, 2016 and to extend the completion date of the new construction to January 22, 2018, upon certain conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; reordaining Ordinance No. 40160- 012015, adopted on January 20, 2015, only to the extent not inconsistent with this Ordinance; and dispensing with the second reading of this Ordinance by title. WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 40160- 012015, adopted on January 20, 2015, in which Council approved the terns of a Contract between the City and RHEA, pursuant to which Contract the City agreed to sell City - owned property located at 209 Henry Street, N.W., Roanoke, Virginia, designated as Official Tax Map No. 2013001 ( "Property "); WHEREAS, the City and RHEA executed the Contract which was dated January 21, 2015; O -Amend rent One 209 Henry S1 +1 RHEA- TM2013001(S -16 16) WHEREAS, RHEA acquired title to the Property font the City by decd dated .tiny 21, 2015, and Subject to the terms of the Contract was to connnence construction by .tiny 21, 2016, and complete construction by July 21, 2017; WHEREAS, RHEA has requested additional time in which to commence construction and complete construction as more particularly dcsclihed in the City Council Agenda Report dated May 16, 2016; and WHEREAS, the City and RHEA have negotiated changes to the Contract and desire to amend the Contract. 'THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of Amendment No. I to the Contract as set forth in the City Council Agenda Report dated May 16, 2016, which Amendment No. I amends the Contract approved by City Council by Ordinance No. 40160- 012015, adopted on January 20, 2015, and provides for certain undertakings and obligations by RHEA and City. 2. The City Manager is hereby authorized on behalf of the City to execute Amendment No. I to the Contract, which provides to extend the new construction commencement date to December 21, 2016, and the completion date of the new construction to January 22, 2018, upon certain terns and conditions as set forth in Amendment No. I to the Contract attached to the City Council Agenda Report dated May 16, 2016. Such Amendment No. 1 to the Contract is to be substantially similar to the one attached to such Report, and in a form approved by the City Attomey. 0 Aoendmcnt Ole 209 Henry St-to RHEA- TM201100115 -16 -161 2 3. The City Manager is Mather authorized to negotiate, execute, deliver, and implement Such further documents and agreements :md take .Such further actions as may be necessary to implemenl, administer, and enforce such Amendment No. I to the Contract, and to negotiate, execute, deliver, and implement ally other agreements or documents related to this matter_ 4. Ordinance No. 40160-012015, adopted January 20, 2015, is hereby reordained to the extent that such Ordinance is not inconsistent with this Ordinance. In the event of any inconsistency, the provisions of this Ordinance shall control. 5. Pursuant to the provisions of Section 12 of the City Chester, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: I City Clerk. 0.Nnendmenl One-209 Henry 51 w RHEA - TM00001(5 -16 -16) 3 Y CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 16, 2016 Subject: Request to Amend the Contract for Purchase and Sale of Real Property Located at 209 Henry Street, N. W. (Official Tax Map No. 2013001) (CM 16- 00059) Background City Council adopted Ordinance No. 401 60 -01 201 5 authorizing the execution of a Contract for Purchase and Sale of Real Property located at 209 Henry Street, N. W. (Official Tax Map No. 201 3001) (Property) between the City and the Roanoke Higher Education Authority (Contract). The intended use of the Property is for construction of an addition to the Virginia Western Community College Culinary Arts Facility. Ownership of the property was conveyed to the Roanoke Higher Education Authority on July 21, 2015. The Contract included a provision that construction commence on the addition within 12 months of closing (July 21, 2016) and be completed within 24 months of closing (July 21, 2017). If construction does not commence by the required date, the City will have the right to take back title to the property. The Roanoke Higher Education Authority requested supplemental funding from the Commonwealth of Virginia in order to fully complete the addition to the Culinary Arts Facility. This funding was approved in the recently adopted 2016- 2017 state budget. With this supplemental funding the construction is now planned to commence, but will not start by the date required in the Contract. Due to the extra time needed to obtain full project funding, the Roanoke Higher Education Authority has requested additional time to commence and complete construction of the building addition. The proposed new construction commencement date is December 21, 2016, and the completion date is January 22, 2018. Recommended Action: Adopt an Ordinance authorizing the City Manager to execute Amendment No. to Contract for Purchase and Sale of Real Property located at 209 Henry Street, N. W. (Official Tax Map No. 201 3001) in a form substantially similar to that which is 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 Amendment No. 1. All documents are subject to approval as to form by the City Attorney. CA----------------------- Christopher P. Morrill City Manager Attachment Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Barbara A. Dameron, Director of Finance Wayne Bowers, Director of Economic Development AMENDMENT NO. 1 TO CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Amendment No. 1 to Contract For Purchase and Sale of Real Property (Amendment No. 1) is dated May 17, 2016, by and between the City of Roanoke, Virginia, (City or Seller), and Roanoke Higher Education Authority, a political subdivision of the Commonwealth of Virginia (RHEA or Buyer). RECITALS: WHEREAS, the City and RHEA entered into a contract dated January 21, 2015, that provided for City to sell and for RHEA to purchase certain real property, including any improvements thereon, situated at 209 Henry Street, N.W., Roanoke, Virginia, depicted as Official Tax Map No. 2013001, consisting of 0.3777 acres and more particularly described in Exhibit A attached to the Contract, (Property) together with a thirty (30) foot nonexclusive access easement across Seller's adjoining lands (Nonexclusive Access Easement) (Contract); WHEREAS, RHEA acquired the Property and Nonexclusive Access Easement by Special Warranty Deed recorded in the Roanoke City Circuit Court on July 21, 2015 (Deed); WHEREAS, RHEA intends to construct an extension of its existing facilities on the Property and enter into a long term lease agreement with Virginia Western Community College (V WCC) that will permit VWCC to expand its operation of its culinary school into the building and improvements to be constructed on the Property; WHEREAS, RHEA has requested that certain terms and provisions of the Contract be amended, changed, or modified as further set forth in this Amendment No. 1; and WHEREAS, the City and RHEA wanted to reduce to writing the amendments, modifications, and changes to the Contract which have been agreed to by the parties in accordance with Section 31 of the Contract. NOW, THEREFORE, the City and RHEA, in consideration of the promises and obligations as contained in the Contract and in the above Recitals, which Recitals are incorporated herein and made a part of this Amendment No. 1 and as set forth in this Amendment No. 1, mutually agree as follows: SECTION 1. AMENDMENTS TO CONTRACT RHEA and the City agree to amend, and do hereby amend, the following Sections of the Contract as follows: 1.1 The definition of the term "Project" in the Contract is hereby replaced with the following: "Proieet: This term means and includes the construction work to be done by Buyer and Substantially Completed by January 22, 2018, as well as any related and/or connected work that may be required and /or done on any part of the Property to result in Buyer's Contemplated Use of the Property, all in accordance with the terms and provisions of this Contract " 1.2 Section 4.13.2 of the Contract is hereby replaced with the following: "If Buyer fails to commence Construction Activity by December 21, 2016, Buyer shall be in default of this Contract and Seller may, at is sole option, acquire the Property and the Nonexclusive Access Easement in accordance with Section 16 hereof. For the purposes of this subsection "Construction Activity" shall mean: Buyer or its agent has obtained necessary permits and approval from the City of Roanoke Department of Planning Building and Development to construct the Project " 1.3 Section 4.13.3 of the Contract is hereby replaced with the following: "All construction work necessary to complete the Buyers Contemplated Use of the Property shall be Substantially Completed by January 22, 2018." 1.4 Section 4.13.6 of the Contract is hereby replaced with the following: "On or before December 21, 2016, Buyer shall have completed all construction drawings and specifications for the construction of the Facility, obtained all necessary permits and approvals for the construction of the Facility. In the event that Buyer fails to provide written evidence of completion of these requirements within the time period set forth in this Section 413.6, the remedies provided in Section 16 shall apply." 1.5 Section 16.A of the Contract is hereby replaced with the following: "Notwithstanding any provision contained in this Contract or the Deed, if by December 21, 2016, Buyer or its successor(s) in interest shall not have commenced Construction Activity, as reasonably determined by the Seller, and as described in Section 4.B.2, Seller shall have the right to refund to the then record owner(s) of the Property and Nonexclusive Access Easement all or any part of the original Purchase Price for the Property and Nonexclusive Access Easement paid by Buyer to Seller; whereupon the then record owner(s) of the Property and Nonexclusive Access Easement shall forthwith convey the Property and Nonexclusive Access Easement to Seller, free and clear of mortgages, deeds of trusts, liens, or other encumbrances. In the event that the record owner(s) of the Property and Nonexclusive Access Easement for any reason fails or refuses to convey title back to the Seller as required herein. Seller shall have the right to enter onto and take possession of the Property and the Nonexclusive Access Easement or the part thereof designated by Seller, along with all rights and causes of action necessary to have title to the Property and the Nonexclusive Access Easement or the part thereof designated by Seller conveyed to the Seller." SECTION 2. RECORDATION OF NOTICE The parties agree that the City will prepare an appropriate notice of this Amendment No. 1 and the City shall record such notice in the Roanoke City Circuit Court to reflect the changes to the Contract that is an exhibit to the Deed. RHEA agrees to pay for all recording costs and fees connected with the recording of this Amendment No. 1. SECTION 3. EFFECTIVE DATE OF AMENDMENT NO. 1 The effective date of this Amendment No. 1 is May 17, 2016. SECTION 4. BINDING EFFECT AND CONTINUATION OF TERMS AND CONDITIONS OF CONTRACT All the terms and conditions of the Contract between the parties dated January 21, 2015, together with this Amendment No. 1, shall continue in full force and effect, as modified by this Amendment No. 1. The Contract, as amended by this Amendment No. 1, constitutes the entire agreement of RHEA and the City with respect to this matter. 3 IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 by their authorized representatives. WITNESS: CITY OF ROANOKE, VIRGINIA Printed Name and Title WITNESS: IN Printed Name and Title Approved as to Form: Assistant City Attorney Approved as to Execution: Assistant City Attorney Authorized by Ordinance No. By: Christopher P, Morrill, City Manager ROANOKE HIGHER EDUCATION AUTHORITY as Thomas L. McKeon, Executive Director May 18, 2016 The Honorable Brenda S. Hamilton Clerk of Circuit Court Roanoke, Virginia Dear Ms. Hamilton: I am enclosing a certified true copy of Resolution No. 40510 - 051616 authorizing the issuance and sale of not to exceed $35,000,000.00 aggregate principal amount of city of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds; authorizing the sale of such bonds at competitive or negotiated sale; fixing the form, denomination and certain other details of such bonds; delegating to the City Manager and the Director of Finance certain powers with respect thereto, including the power to select the underwriters if such bonds are sold at negotiated sale; authorizing the city to enter into one or more bond purchase contracts by and between the City and such underwriters relating to such bonds; authorizing the City Manager and the Director of Finance to execute and deliver such bond purchase contracts; authorizing the preparation of a preliminary official statement and an official statement and the delivery thereof to the purchasers of such bonds; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing the City Manager and the Director of Finance to appoint an escrow agent; authorizing the execution and delivery of an escrow deposit agreement by and between the City and such escrow agent relating to the refunded bonds; authorizing the City Manager and the Director of Finance to appoint a verification agent; authorizing the City Manager and the Director of Finance to designate the refunded bonds for redemption; and otherwise providing with respect to the issuance, sale and delivery of such bonds and the refunding of the refunded bonds. Pursuant to Section 11 of Resolution No. 40510 - 051616, 1 am hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2 -2607 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended). CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Roon1456 -..; Ronnoke,Virginin 24011 -1536 Ol Ph.ne: (540)853-2541 Fax: (540)8ST -1145 S 1'EFI IAN IE M. MOON REYNOLDS, MM(. E -nm11: cN,k(groanukevn.,v CECELIA F. MCCOY C1pr Clerk Deputp Cul Clerk CECELIA T. W EBB, CIVIC Assistant Deputy City Clerk May 18, 2016 The Honorable Brenda S. Hamilton Clerk of Circuit Court Roanoke, Virginia Dear Ms. Hamilton: I am enclosing a certified true copy of Resolution No. 40510 - 051616 authorizing the issuance and sale of not to exceed $35,000,000.00 aggregate principal amount of city of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds; authorizing the sale of such bonds at competitive or negotiated sale; fixing the form, denomination and certain other details of such bonds; delegating to the City Manager and the Director of Finance certain powers with respect thereto, including the power to select the underwriters if such bonds are sold at negotiated sale; authorizing the city to enter into one or more bond purchase contracts by and between the City and such underwriters relating to such bonds; authorizing the City Manager and the Director of Finance to execute and deliver such bond purchase contracts; authorizing the preparation of a preliminary official statement and an official statement and the delivery thereof to the purchasers of such bonds; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing the City Manager and the Director of Finance to appoint an escrow agent; authorizing the execution and delivery of an escrow deposit agreement by and between the City and such escrow agent relating to the refunded bonds; authorizing the City Manager and the Director of Finance to appoint a verification agent; authorizing the City Manager and the Director of Finance to designate the refunded bonds for redemption; and otherwise providing with respect to the issuance, sale and delivery of such bonds and the refunding of the refunded bonds. Pursuant to Section 11 of Resolution No. 40510 - 051616, 1 am hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2 -2607 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended). The Honorable Brenda S. Hamilton May 18, 2016 Page 2 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016. Sincerely, k1 y '"" Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: Kristine Flynn, Esquire, Hawkins, Delafield & Wood, LLP, 28 Liberty Street, 42nd Floor, New York, New York 10005 Kevin Rotty, Managing Director, Public Financial Management, Inc., 4350 North Fairfax Drive, Suite 580, Arlington, Virginia 22203 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget a CIRCUIT COURT N\ U Rec_Ved�� Y� O6. By Dap lark IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA n� OFIOANOKE The 16th day of May, 2016. No. 40510 - 051616. A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED THIRTY -FIVE MILLION DOLLARS ($35,000,000) AGGREGATE PRINCIPAL AMOUNT OF CITY OF ROANOKE, VIRGINIA, GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS; AUTHORIZING THE SALE OF SUCH BONDS AT COMPETITIVE OR NEGOTIATED SALE; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT THERETO, INCLUDING THE POWER TO SELECT THE UNDERWRITERS IF SUCH BONDS ARE SOLD AT NEGOTIATED SALE; AUTHORIZING THE CITY TO ENTER INTO ONE OR MORE BOND PURCHASE CONTRACTS BY AND BETWEEN THE CITY AND SUCH UNDERWRITERS RELATING TO SUCH BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO EXECUTE AND DELIVER SUCH BOND PURCHASE CONTRACTS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE DELIVERY THEREOF TO THE PURCHASERS OF SUCH BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO APPOINT AN ESCROW AGENT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT BY AND BETWEEN THE CITY AND SUCH ESCROW AGENT RELATING TO THE REFUNDED BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO APPOINT A VERIFICATION AGENT; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO DESIGNATE THE REFUNDED BONDS FOR REDEMPTION; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND THE REFUNDING OF THE REFUNDED BONDS, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AS FOLLOWS: SECTION 1. The Council (the "Council ") of the City of Roanoke, Virginia (the "City "), hereby finds and determines as follows: (a) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $5,500,000 aggregate principal amount of General Obligation Public Improvement Bonds, Series 2006B, dated February 8, 2006 (the "Series 2006B Bonds "), 2630581.1039686 RSMn (b) Pursuant to the Public Finance Act of 1991, and resolutions adopted by Ihis Council, there were authorized to be issued, sold and delivered the City's $44,925,000 aggregate principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2010A, dated March I1, 2010 (the "Serics 2010A Bonds "). (e) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $4,820,000 aggregate principal amount of General Obligation Public improvement and Refunding Bonds, Series 2010C, dated August 11, 2010 (the "Series 2010C Bonds'). Of Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $5,470,000 aggregate principal amount of General Obligation Public Improvement Bonds, Series 2010D (Tax - Exempt - Recovery Zone Facility Bonds), dated August 11, 2010 (the "Series 2010D Bonds "). (e) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $7,610,000 aggregate principal amount of General Obligation Public improvement Bonds, Series 2012A, dated Mach 14, 2012 (the "Series 2012A Bonds"). (1) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $15,385,000 aggregate principal amount of General Obligation Public Improvement Refunding Bonds, Series 2012C, dated March t4, 2012 (the "Series 2012C Bonds'). (g) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered by the City's $24,580,000 aggregate principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2013A, dated February 27, 2013 (the "Series 2013A Bonds'). (h) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered by the City's $12,010,000 aggregate principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2014A, dated March 4, 2014 (tire "Series 2014A Bonds "). W Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered by the City's $25,850,000 aggregate principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2015, dated March 25, 2015 (the "Series 2015 Bonds'). 0) The City has been advised by the City's Financial Advisor that the refunding in advance of their stated maturities of all ce a portion of the outstanding Series 2006B Bonds, Series 2010A Bands, Series 2010C Bonds, Series 2010D Bonds, Series 2012A Bonds, Series 2012C Bonds, Series 2013A Bonds, Series 2014A Bonds, Series 2015 Bonds and certain maturities of certain other currently outstanding issues of general obligation public improvement -2- 2630587.1 099686 RSIND bonds of the City may result in annual debt service cost savings to the City, depending upon market conditions, m may enable the City to modify its existing annual debt service structure. (k) The Council desires to authorize the issuance and sale of General Obligation Public Improvement Refunding Bonds of the City to provide for the refunding in advance of their stated maturities and redemption of all or a portion of the outstanding Series 2006B Bonds, Series 2010A Bonds, Series 2010C Bonds, Series 2010D Bonds, Series 2012A Bonds, Series 2012C Bonds, Series 2013A Bonds, Series 2014A Bonds, Series 2015 Bonds and certain maturities of such other outstanding general obligation public improvement bonds, the refunding of which shall be recommended by the City's Financial Advisor (such bonds to be refunded in advance of their stated maturities being referred to hereinafter as the "Refunded Bonds "). (1) Pursuant to Article 5 of the Public Finance Act of 1991, the City is authorized to issue refunding bonds to refund all m- a portion of its outstanding bonds in advance of their stated maturities. (m) In the judgment of this Council, it is necessary and expedient to authorize the issuance and sale of not to exceed Thirty-Five Million Dollars ($35,000,000) aggregate principal amount of General Obligation Public Improvement Refunding Bonds for the purpose of refunding all or a portion of the Refunded Bonds and paying the costs related to the issuance of such General Obligation Public Improvement Refunding Bonds, SECTION 2. (a) Pursuant to the Public Finance Act of 1991, including in particular Title 15 2, Chapter 26, Article 5, Section 15.2 -2643 el seq., of the Code of Virginia, 1950, as amended, for the purpose of providing funds to refund the Refunded Bonds in advance of their stated maturities and to pay the costs of issuance of the Bonds (as defined herein), there are hereby authorized to be issued, sold and delivered in one or more series from time to time not to exceed Thirty -Five Million Dollars ($35,000,000) aggregate principal amount of general obligation refunding bonds of the City which shall be designated and known as "City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds" (referred to herein as the "Bonds "). (b) The Bonds shall be issued in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R -I upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds shall be issued in such aggregate principal amount (not exceeding in the aggregate the principal amount specified in Section 2(a) herect); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. -3- 263058].I 039686 RSIND Interest on the Bonds shall be calculated on the basis of a three hunched and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) ']he Bonds (or portions thereof in installments of $5,000) may be made subject to redemption at the option of the City prim- to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in insunblients of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of-such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty -fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) Any notice of the optional redemption of the Bonds may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption thereof an amount of money sufficient to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of such Bonds, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. if a redemption of any Bonds does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked. (iii) So long as the Bonds are in book -entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ( "DTC "), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 3. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In -4- 263058].1 439686 RSIND cuch year while the Bonds, or any of them, are outstanding and unpaid, this Council is authorized and Inquired to levy and collect annually, at the same time and in the same manner as other taxes of the City Oro assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other finds- of the City are not lawfully available and appropriated for such purpose. SECTION T (n) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor of the City and shall have a facsimile of the corporate seal of the City imprinted thercon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the `Registrar "). (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signaler of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the dates on which interest is payable on the Bonds of any series are other than the first days of calendar months, the provisions of this Section 4(c) with regard to the authentication of such Bonds and of Section 10 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. SECTION 5. (a) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 5; provided, however, that so long as the Bonds are in book -entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. -5- 263058).1 039686 RSIND M At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose, the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as herelnbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized alum ney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 5 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 5 shall be cancelled. (g) (i) The Bonds shall be issued in full book -entry form. One Bond representing each maturity of each series of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as seemities depository for the Bonds. Individual purchases will be made in book -entry form only, in the principal amount of $5,000 or any integral multiple thereof, Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in nun, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. -6- 263058].1 039686 RSIND (iii) The City will not be responsible or liable for sending transaction statements or Im- maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 6. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by a purchaser of any Bonds to accept delivery of and pay for such Bonds. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the initial purchasers of the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 7. To the extent it shall be contemplated at the time of their issuance that the interest on any Bonds issued hereunder shall be excludable from gross income for purposes of federal income taxation, the City covenants and agrees to comply with the provisions of Sections 103 and 141 -150 of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated thereunder throughout the terra of the Bonds. SECTION 8. (a) Pursuant to the authority of and for the purposes specified herein, this Council hereby authorizes the City Manager and the Director of Finance, without further action of this Council, to sell the Bonds in one or more series in accordance with Section 2 at competitive or negotiated sale, on or before June 30, 2017, at a price not less that] ninety-seven percent (97 %) of the aggregate principal amount of the Bonds, plus accrued interest, if any, from the date of the Bonds to the date of delivery thereof and payment therefor; provided however, that a series of the Bonds may be sold, whether at competitive or negotiated sale, only if the refunding of the Refunded Bonds will result in net present value savings to the City of not less than three percent (3 %), based on the principal amount of the related Refunded Bonds, provided further that no net present value savings shall be required in connection with the sale of a series of the Bonds to be issued for the purpose of modifying the City's existing annual debt service structure. The Bonds may be issued as taxable or tax - exempt Bonds and shall bear interest at such rates per annum as shall be approved by the City Manager and the Director of Finance; provided, however, in no event shall the true interest rate for the Bonds of any series exceed five percent (5.00 %); and provided further in no event shall the premium payable by the City upon the redemption of the Bonds of any Series exceed two percent (2 %) of the principal amount thereof, except that any taxable Bonds issued may be subject to redemption at a redemption price 7- 2630587.1 039686 RSIND that includes a make -whole premium, as may be determined by the City Manager and the Director of Finance at the time of sale of any such taxable Bonds. (b) If the Bonds are sold at competitive sale, they may be sold contemporaneously with other bonds of the City tinder a combined Official Notice of Sale. If the Bonds are sold at competitive sale, the Director of Finance is hereby authorized to cause to be published and disseminated (via electronic means or otherwise) an Official Notice of Sale of the Refunding Bonds in such form and containing such terns and conditions as the Director of Finance may deem advisable, subject to the provisions hereof. (c) If the Bonds are sold at negotiated sale, the City Manager and the Director of Finance are hereby authorized to select the underwriters for the Bonds of each series (the "Underwriters ") and to sell the Bonds of each series at a negotiated sale to the Underwriters selected by the City Manager and the Director of Finance, and either or both of the City Manager and the Director of Finance are authorized to execute and deliver to the Underwriters one or more Bond Purchase Contracts relating to the sale of the Bonds by the City to such Underwriters. (d) The City Manager and the Director of Finance are hereby authorized to cause to be prepared and deliver to the purchasers of the Bonds a Preliminary Official Statement and a final Official Statement relating to the Bonds on or before the dates specified in the Bond Purchase Contract The City Manager and the Director of Finance are hereby further authorized to certify that the Preliminary Official Statement for the Bonds authorized hereunder is "deemed final" toy purposes of Rule 15c2 -12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended ( "Rule 15c2 -12" ). The Mayor of the City is hereby authorized to execute the final Official Statement on behalf of the City. (e) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2 -12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution and delivery thereof. (f) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds me hereby ratified and confirmed. SECTION 9. (a) The City Manager and the Director of Finance are hereby authorized to enter into an Escrow Deposit Agreement in the form customarily entered into by the City in connection with advance refunding transactions providing for the redemption of the Refunded Bonds (the "Escrow Deposit Agreement ") and to appoint an Escrow Agent to serve render the Escrow Deposit Agreement. The City Manager and the Director of Finance are hereby authorized to appoint a verification agent to verify the mathematical accuracy of computations relating to the Bonds and the Refunded Bonds. -8- 263D5821039686 RSMD (b) The City Manager and the Director of Finance, or either of them, are hereby authorized to execute, on behalf of the City, subscriptions or purchase agreements for the securities to be purchased by the Escrow Agent from moneys deposited in the Escrow Deposit Fund created and established under the Escrow Deposit Agreement. Such securities so purchased shall be held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement. The City Manager and the Director of Finance, or either of them, are hereby authorized to sell any securities held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement and to purchase securities in lieu of and in substitution therefor_ (c) Subject to the sale and receipt of the proceeds of the Bonds, the City Manager and the Director of Finance are hereby authorized to designate the Refunded Bonds for redemption on such date or dates as they shall determine and are hereby further authorized to direct the Escrow Agent to cause notices of the redemption of the Refunded Bonds on such date or dates to be given in accordance with the provisions of the proceedings authorizing the issuance of the Refunded Bonds. SECTION 10, The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially in the forms set forth in Exhibit A attached hereto. SECTION 11. 'file City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a trite copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2 -2607 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended). SECTION 12. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. ATTEST: U City Clerk. -9- 2630587.1039686 MIND UNITED SPATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND SERIFS No. R-_ EXHIBIT A MATURITY DATE, INTEREST RATE: DATE OF BOND- CUSIP NO: REGISTERED OWNER: PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City "), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sam (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date "), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided however, that so long as this Bond is it book -entry only form and registered in the name of Cede & Co., as nominee of The Depository entry Company ( "DTC "), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of this Bond is payable on presentation and surrender hereof at the City of , as the Registrar and Paying Agent, in the City of _ , Principal of and interest on this Bond are payable in any A -1 26305871 039686 RSIND coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of a series of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, and is issued for the propose of providing funds to refund in advance of their stated maturities certain general obligation public improvement bonds heretofore issued by the City to pay the costs of public improvement projects of and for the City. This Bond is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended), and a resolution and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the series of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after _ _ are subject to redemption at the option of the City prig to their stated maturities, on or after _ , in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or potions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds to be redeemed, together with the interest accrued thereon to the date fixed for the redemption thereof. The Bonds of the series of which this Bond is one maturing on are subject to mandatory sinking fund redemption on and on each _ thereafter and to payment at or on _ in the principal amounts in each year set forth below, in the case of redemption with the particular Bonds or Bonds or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof. Year L--� Principal Amount The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on _ _ which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fiord redemption requirement. If this Bond is redeemable and this Bond (or any potion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new A -2 263058].1 039686 RSIND Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty - fifth (451h) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interact hereon shall cease to accrue from and after the date so specified for the redemption hereof. Any notice of the optional redemption of this Bond may state that it is conditioned Upon there being on deposit with the City on the date fixed for the redemption hereof an amount Of money sufficient to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of this Bond, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of this Bond does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, the corresponding notice of redemption shall be deemed to be revoked. Subject to the limitations slid upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same series, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duty authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, series, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The £till faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized m limited by law and without limitation as to rate or amount, sufficient to pay the principal of and interest on this Bond to the extent other foods of the City are not lawfully available and appropriated for such purpose. A -3 2630587t 039686 RSWD It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with ail other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. IN WTTNI3'" WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signatue of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual to facsimile signature of the City Clerk of the City; and this Bond to be dated as of the date first above written. [SEAL] Attest: City Clerk COPY OF ROANOKE, VIRGINIA Mayor CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within- mentioned proceedings. as Registrar Authorized Signator Date of Authentication: A -4 2630597A 039686 MIND ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and trans(er(s) unto a 1� PlolL ur rype name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, hereby irrevocably constituting and appointing Attorey, to on the books kept for the registration thereof, with full power of substit tion in the premises. Bond Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. A -5 (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. 263058].1 039686 RSMD eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 16, 2016 Subject: Authorization to Refund Bonds Background The City's Debt Policy establishes the parameters for issuing debt and managing the debt portfolio. It provides guidance regarding the purposes for which debt may be issued, types and amounts of permissible debt and methods of sale that may be utilized. The City may issue refunding bonds to realize net present value savings, eliminate burdensome covenants or provisions in outstanding bond documents, or respond to financial emergencies or hardships. The City's goal will be to obtain net present value savings, net of issuance costs, at a minimum of three percent of the principal amount of the refunded bonds, and to remain compliant with the City's Debt Policies. Refunding Candidates: In order to achieve the best possible net present value savings outcome, the City, along with Public Financial Management, Inc. (PFM), the City's financial management advisors, will review all outstanding issues of general obligation public improvement and refunding bonds to select appropriate candidates for refunding from both a legal and savings opportunity perspective. Accordingly, each of the outstanding issues listed will continue to be evaluated for inclusion or exclusion of refunding bond issues according to the City's policy of a minimum of three percent net present value savings. The City issued $5.5 million of Series 2006B bonds dated February 8, 2006, to fund the South Jefferson Redevelopment Project. Series 2006B bonds mature in equal amounts on February 1 in each of the years 2007 through 2026. The City issued $44.93 million of Series 2010A Public Improvement and Refunding bonds dated March 11, 2010, to fund the Market Garage renovation and to refund portions of the Series 2002A, 2004B, 2006A and 2008 Public Improvement Bonds. Series 2010A bonds mature in varying amounts on October 1 in each of the years 2010 through 2029. The City issued $4.82 million of Series 2010C Public Improvement and Refunding bonds dated August 11, 2010, to fund various projects including schools, digital radio and infrastructure and to refund portions of the Series 2002A Public Improvement Bonds. Series 2010C bonds mature in varying amounts on July 15 in each of the years 2011 through 2025, 2027 and 2030. The City issued $5.47 million of Series 201 OD bonds dated August 11, 2010, to fund the Market Building renovations. Series 2010D bonds mature in varying amounts on July 15 in each of the years 2011 through 2025, 2027 and 2030. The City issued $7.61 million of Series 2012A bonds dated March 14, 2012, to fund various projects including school, buildings, infrastructure and Civic Center improvements. Series 2012A bonds mature in varying amounts on February 1 in each of the years 2013 through 2032. The City issued 515.39 million of Series 2012C Refunding bonds dated March 14, 2012, to refund portions of the Series 2004B and 2006A Public Improvement Bonds. Series 2012C refunding bonds mature in varying amounts on February 1 in each of the years 2020 through 2025. The City issued $24.58 million of Series 2013A Public Improvement and Refunding bonds dated February 27, 2013, to fund various projects including schools, digital radio and infrastructure and to refund portions of the Series 2006A and 2008 Public Improvement Bonds. Series 2013A bonds mature in varying amounts on July 15 in each of the years 2015 through 2033. The City issued $12.01 million of Series 2014A Public Improvement bonds dated March 5, 2014, to fund various projects including schools, a police academy expansion and infrastructure. Series 2014A bonds mature in varying amounts on April 1 in each of the years 2015 through 2034. The City issued $25.85 million of Series 2015 Public Improvement and Refunding bonds dated March 25, 2015, to fund various projects including schools and infrastructure and to refund portions of the Series 2008, Series 2008A and Series 2012A Public Improvement Bonds. Series 2015 bonds mature in varying amounts on April 1 in each of the years 2016 through 2035. Considerations: Based upon discussions with the City's financial advisor, Public Financial Management, Inc, the City is currently in the position to generate moderate savings from issuing refunding bonds. As interest rates fluctuate daily, it is important to the success of a refunding that the City be able to act quickly once interest rates savings achieve an acceptable level. Advance authorization is necessary to proactively manage and pursue additional refunding opportunities in a volatile market where conditions can rapidly change from favorable to unfavorable. Refunding bonds will be considered additional debt in the context of the City's Debt Policy and from rating agencies' perspective only to the extent that a slightly higher level of principal would need to be issued than the amount of bonds being refunded. Additionally, should a refunding take place, to the extent that debt service on bonds is being provided by the Western Virginia Water Authority (WVWA) or the Roanoke City Public Schools (RCPS), funding for 2 the new bonds also would come from the WVWA and RCPS, resulting in debt service savings for those entities as well as for the City. Recommended Action: Adopt the accompanying resolution authorizing the City Manager and the Director of Finance to issue not to exceed $35 million principal amount in refunding bonds on or before June 30, 2017. / l arbara A. Dameron Director of Finance Distribution: Council Appointed Officers Amelia C. Merchant, Director of Management and Budget Kristine L. Flynn, Hawkins Delafield & Wood LLP Kevin Rotty, Managing Director, Public Financial Management, Inc. Cindy Poulton, Clerk Roanoke City School Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40511- 051616 appropriating funding from the Federal Government and the Commonwealth grants for various educational programs; amending and reordaining certain sections of the 2015 -2016 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget CITY OF ROANOKE 0 OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Rommke, Virginia 24011 -1536 Telephone: (540)853 -2541 Rex: (540)853 -1145 S'1'EEHANIE M. MOON REYNOLDS, MM( E- nsuil: clerk(a)roanokevagov CECELIA E. MCCOV City Clerk Deputy City Clerk May 18,2016 CECELIA T. WERB, CIVIC Assistant Deputy City Clerk Cindy Poulton, Clerk Roanoke City School Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40511- 051616 appropriating funding from the Federal Government and the Commonwealth grants for various educational programs; amending and reordaining certain sections of the 2015 -2016 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 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 16th day of May, 201.6. No. 40511- 051616. AN ORDINANCE to appropriate funding from the Federal Government and the Commonwealth grants for various educational programs, amending and reordaining certain sections of the 2015 -2016 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2015 -2016 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Supplement Supplement Coordinator Case Management Services FICA Travel Materials /Supplies Professional Development School Coordinator Supplement School Data Coordinator Supplement FICA Travel Materials /Supplies Professional Development Capital Outlay Additions Machinery & Equipment 0.5 FTE Administrative Support Revenues Federal Grant Receipts State Grant Receipts Local /Other Revenue State Grant Receipts 302 - 120 - 0000 - 0390 -112K- 61100- 41129 -3-02 $ 2,500 302 - 120 -0000- 0400 -112K- 61100- 41129 -3 -02 2,500 302 - 110 -0000- 0390 -310K- 61210- 41138 -3 -00 250 302 - 110 - 0000 -0390 -310K- 61210- 41128 -3 -00 300 302 -110- 0000- 0390 -310K- 61210- 42201 -3 -00 42 302 - 110 -0000- 0390 -310K- 61210- 45550 -3 -00 500 302 - 110- 0000- 0390 -310K- 61210- 46001 -3 -00 1,000 302 -110- 0000- 0390 -310K- 61210- 43313 -3 -00 408 302 - 110 - 0000 - 0400 -31OK- 61210- 41138 -3 -00 250 302- 110 -0000- 0400 -310K- 61210 - 41128 -3 -00 300 302 - 110 -0000- 0400 -310K- 61210- 42201 -3 -00 42 302 - 110 -0000- 0400 -310K- 61210 - 45550 -3 -00 500 302 -110- 0000- 0400 -310K- 61210 - 46001 -3 -00 1,000 302 - 110 -0000- 0400 -316K- 61210- 43313 -3 -00 408 302- 251 - 0000 -0070 -745K- 64200- 48821 -2 -00 2,000 302 -120- 0000- 1050 -330K- 61410- 41151 -9 -09 7,096 302 - 000 -0000- 0000 -112K- 00000- 38027 -0 -00 $ 5,000 302- 000- 0000- 0000J1OK- 00000 - 32461 -0 -00 5,000 302- 000 - 0000 - 0000 -745K- 00000 - 33815 -0 -00 2,000 302 -000 - 0000 - 0000 -330K- 00000- 32418 -0 -00 7,896 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 'jATTE T: j� n /�City May 16, 2016 The Honorable David Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on Tuesday, May 10, 2016, the Board respectfully requests that City Council approve the following appropriation requests: New Appropriations Award IDEA Part B, Selection 611 - Special Education, Champions Together 2015 -16 $5,000.00 Risk Management Grant 2015 -16 $2,000.00 GEAR UP Virginia (GUV) Award - Priority Population 2015 -16 $5,000.00 Revised Appropriation Additional Award Special Education in Jails 2015 -16 $7,896.11 On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. Poulton Clerk pc: Dan Callaghan Rita D. Bishop Chris Morrill Kathleen Jackson Barbara Dameron Acquenatta Harris (w /details) Suzanne P. Moore ItIN WA R_OANOKEE CITY PUBLIC SCHOOLS School Board Suzanne P. Moore Chairman Lori E. Vaught Vice Chairman Mark K. Cathey William B. Hopkins, Jr. Annette Lewis Laura D. Rottenborn Dick Willis Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 16, 2016 Subject: School Board Appropriation Request Background: As the result of official Roanoke City School Board action at its May 10, 2016 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The IDEA Part B, Section 611 - Special Education, Champions Together 2015 -16 grant of $5,000 provides funds to help build school communities of acceptance and inclusion by engaging students with and without disabilities in interscholastic sports training and competition. Patrick Henry and William Fleming High Schools have been selected to receive funds for the 2015 -16 performance periods. This award will be fully reimbursed from federal funds and will end September 30, 2016. The GEAR UP Virginia (GUV) Award for Priority Population 2015 -16 grant of $5,000 provides funds for students who are homeless, as defined by the McKinney -Vento Act. This award provides support to homeless high school seniors as they prepare for life after high school and enter postsecondary education. Patrick Henry and William Fleming High Schools have been selected to receive funds for the 2015 -16 performance periods. The program will be fully reimbursed by state funds for expenditures through August 31, 2016. This is a continuing program. The Risk Management 2015 -16 grant of $2,000 is awarded by the Virginia Municipal League Insurance Programs ( VMLIP) to assist members who implement initiatives to address current hazards and risk, and improve risk management efforts through risk guideline implementation. In particular, these funds will be used to install LED lighting at the bus circle and entrance alcove at Virginia Heights Elementary. This grant will be fully reimbursed by VMLIP and will end June 30, 2016. The Special Education in Jails 2015-16 grant of $7,896 provides state funding for a special education teacher and associated administrative support at the Roanoke City Jail. This is a revision to the original award allocation, will be fully reimbursed by state funds for expenditures through March 31, 2016. This is a continuing program. Recommended Action: we recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. Barbara A. Dameron Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'Telephone: (540)853 -2541 Fnx: (540)853 -1145 R'1 LPBANIE M. MOON REYNOLDF, MM(' E -nm11: acrk(nroxnxkeva . gnv CECELIA F. MC'C'OV City C'It, k Depnty City Clerk CECELIA T. W EBB, CMC May 18, 2016 Assistant Dopnty City Clerk Cindy Poulton, Clerk Roanoke City School Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40512 - 051616 adopting an amendment to the 2015 -2016 School Board Categorical Budget; amending and reordaining certain sections of the School General, School Food Service and School Athletics Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016; and is in full force and effect upon its passage. �Sincerely, a •,\ Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 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 16[h day of May, 2016. No. 40512 - 051616. AN ORDINANCE to adopt an amendment to the 2015 -2016 School Board Categorical Budget, amending and reordaining certain sections of the School General, School Food Service and School Athletics Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2015 -2016 School General, School Food Service and School Athletics Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: School General Fund Interfund Transfer to Athletics $ 50,000 City Fund Revenue 1,226,000 Fund Balance 1,176,000 School Food Services Fund Appropriations $ 1,000,000 Revenues 1,000,000 School Athletics Fund Appropriations $ 100,000 Revenues 50,000 Interfund Transfer from General Fund 50,000 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 Cler . ROANOKE CITY PUBLIC SCHOOLS School Board May 16, 2016 Suzanne P. Moore Chairman Lori E. Vaught The Honorable David Bowers, Mayor Vice Chairman and Members of Roanoke City Council Mark K. Cathey Roanoke, VA 24011 William B. Hopkins, Jr. Annette Lewis Dear Members of Council: Laura D. Rottenborn Dick Willis Asa result of official School Board action on Tuesday, May 10, 2016, the Board respectfully requests that City Council approve the Dr. Rita D. Bishop amendment to the 2015 -16 Budget as outlined on the attached. Superintendent Cindy H. Poulton On behalf of the School Board, thank you for your consideration. Clerk of the Board Sincerely, Cindy H. Poulton Clerk pc: Dan Callaghan Rita D. Bishop Chris Morrill Kathleen Jackson Barbara Dameron Acquenatta Harris (w /details) Suzanne P. Moore www.rcps.in p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 State & Other Revenue I City Funds Interfund Transfer to Athletics Interfund Transfer From Food Service Total General Fund Before Use of Fund Balance Funds Required from Fund Balance General Fund Food Services Fund Athletics Fund TOTAL ALL FUNDS General Fund Food Services Fund Athletics Fund TOTAL ALL FUNDS 2015 -16 Revenue Budget Change Current Budget Requested Amended Budget $77,860,534 $0 $77,860,534 $1 ($1, $153,039,7341 $1,176,00 $7,835,469 ($1,176,00( $7,152,£ $1,800,( 2015 -16 Expenditure Budget Change Current Budget Requested $160,875,203 $7,152,8361 $1,001 $1,1 $77,805 ($1,750, $8,1 1,0001 $1 Amended Budget $1 To: Honorable Mayor and Members of City Council Meeting: May 16, 2016 Subject: Amendment to the Roanoke City Public Schools (RCPS) FY2015 -2016 Categorical Budget Background: On May 10, 2016, the School Board approved an amendment to the RCPS FY 2015-2016 Categorical Budget for the General Fund, the Food Service Fund and the Athletics Fund. The amendments are as follows: ADOPTED AMENDED DIFFERENCE CATEGORICAL BUDGET CATEGORICAL ADOPTIAMENDED BUDGET GENERALFUND REVENUE CATEGORY STATE AND OTHER REVENUES $ 77,860,534 $ 77,860,534 $ - CITY REVENUES 76,579,200 77,805,200 1,226,000 INTERFUND TRANSFER FROM 300000 300,000 - FOOD SERVICE TOTAL REVENUES $ 154,739,734 $ 155,965,734 $ 1,226,000 EXPENDITURE CATEGORY INSTRUCTION $ 106,166,244 $ 106,166,244 $ ADMINISTRATION/ATTENDANCE AND HEALTH 13.079,666 13,079.666 - TRANSPORTATION 10,862,050 10,862,050 - INTERFUNDTRANSFERTO 1,700.000 1,750,000 50,000 ATHLETICS OPERATIONS AND FACILITIES 15,513,119 15,513,119 - DEBT SERVICE 15,254,124 15,254,124 TOTAL EXPENDITURES $ 162,575,203 $ 162,625,203 $ - FUND BALANCE $ (7,835,469) $ (6,650,469) $ 1,176,000 ADOPTED AMENDED DIFFERENCE CATEGORICAL BUDGET CATEGORICAL ADOPT/ "ENDED BUDGET FOOD SERVICE FUND REVENUES $ 7,152,836 $ 8,152,836 $ 1,000,000 EXPENDITURES $ 7,152,836 $ 8,152,836 $ 1,000,000 ATHLETICS FUND REVENUES $ 1800,000 $ 1,900,000 $ 100,000 EXPENDITURES $ 1,800.000 $ 1,900,000 $ 100,000 Honorable Mayor and Members of Council May 16, 2016 Page 2 Considerations An increase to the City revenue budget is required to align with the City of Roanoke's budget adopted by Roanoke City Council. The City of Roanoke budget was adopted after the School Board was required to have its budget prepared. The Athletics Fund increase is due to higher travel cost for athletic competitions. RCPS was accepted into the Community Eligibility Provision (CEP) for National School Lunch Program and School Breakfast Program. Since being accepted, the Food Service Fund experienced a significant increase in the number of meals served. Recommended Action We recommend that you concur with this report of the School Board and adopt the amendment to the 2015 -16 Categorical Budget. Adopt the accompanying budget ordinance to increase revenues and expenditures of the School Board General, Food Service and Athletics Funds. a tiara A. D Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS CECELIA T. WEBB, CMC May 18, 2016 Assistant Deputy City Clerk Ms. Jennifer Mitchell, Director Virginia Department of Rail and Public Transportation 600 East Main Street, Suite 2102 Richmond, Virginia 23219 Dear Ms. Mitchell: I am enclosing copy of Resolution No. 40513 - 051616 supporting roll on /roll off accommodations for bicycles on Amtrak passenger rail service. The Council of the City of Roanoke encourages the Commonwealth of Virginia Department of Rail and Public Transportation to work with Amtrak to facilitate the implementation of roll on /roll off bicycle accommodations when passenger rail service is extended to Roanoke in 2017. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016. Sincerely, Stephanie M. Moon Re s, MC City Clerk Enclosure Barbara N. Duerk, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Sherman M. Stovall, Assistant City Manager for Operations CITY OF ROANOKE GO OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Gaa: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E-mail: elcrkoi omeokevo'gov CECELIA F. MCCOY City Clerk repair ('ity Clerk CECELIA T. WEBB, CMC May 18, 2016 Assistant Deputy City Clerk Ms. Jennifer Mitchell, Director Virginia Department of Rail and Public Transportation 600 East Main Street, Suite 2102 Richmond, Virginia 23219 Dear Ms. Mitchell: I am enclosing copy of Resolution No. 40513 - 051616 supporting roll on /roll off accommodations for bicycles on Amtrak passenger rail service. The Council of the City of Roanoke encourages the Commonwealth of Virginia Department of Rail and Public Transportation to work with Amtrak to facilitate the implementation of roll on /roll off bicycle accommodations when passenger rail service is extended to Roanoke in 2017. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016. Sincerely, Stephanie M. Moon Re s, MC City Clerk Enclosure Barbara N. Duerk, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Sherman M. Stovall, Assistant City Manager for Operations IN TI IF COUNCIL OF THE CITY OF ROANOKE., VIRGINIA The 16th day of May, 2016. No. 40513 - 051616. A RBSOLU'fION Supporting roll on /roll off accommodations for bicycles on Amtak passenger rail service to Roanoke. WIIEREAS, the City of Roanoke is a Bicycle Friendly Community as designated by the League of American Bicyclists; WHEREAS, the Downtown Roanoke Intermodal Transportation Study identifies the different modes of transportation and forms of vehicle, pedestrian, and bicycle access that should be accommodated with an intennodal transportation facility; WIIEREAS, the 2012 Bikeway Plan for the Roanoke Valley Area Metropolitan Planning Organization represents a coordinated effort by the Roanoke Valley Transportation Planning Organization and local jurisdictions to facilitate development of a regional transportation network that accommodates and encourages bicycling as an alternative mode of travel; WHEREAS, the 2014 Livable Roanoke Valley Plan emphasizes non - motorized transportation, such as bicycling, as a way to achieve both transportation and public health goals at the same time; and WHEREAS, Amtrak passenger rail service is anticipated to return to Roanoke in 2017; WHEREAS, including roll on/roll off bicycle accommodations when rail service is extended to Roanoke would encourage the use of bicycles by Amtrak rail passengers and encourage bicycle transportation and tourism. TI II iREFORE, BE I'f RESOLVP.D by Ibe Council ol'lhc C'ily of Roanoke that it supports roll on/loll off' accommodations for bicycles and encourages the Commonwealth of Virginia Department of Rail and Public 'D-aosportation to work with Amtrak to facilitate the implementation of roll on /roll oft bicycle accommodations when passenger rail service is extended to Roanoke. A'CPEST: City Clerk. CITY OF ROANOKE CITY COUNCIL 2 15C hard, A clue S.W_ *ti) Noel Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011 -1536 — Telephone: (540) 853 -2541 DAVID A. BOWERS Fax: (540)853 -1145 Maur May 16, 2016 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Cnuocil Members William D. Beatpiteh Raphael E. "Ray" Penis Sherman P Lea Anita 1. Price Court G. Rosen David B. Trinkle This is to advise you that 1 will not be present at the 7:00 p.m. meeting of Council on Monday, May 16, 2016. Best wishes for a successful meeting. Nncerelyy,,f}�n j(�NC�^ /j/j� aid ?rin Ike t Vice -Mayor DBT /ctw The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - CLERKS OFFICE 215 CHURCH AVE SW ROOM 456 ROANOKE VA 24011 Account Number 6007932 Date May 24, 2016 Date Category Description Ad Size Total Cost 05/02/2016 Legal Notices ROANOKE CITY SCHOOL BOARD TRUSTEES 2 x 4.0000" 376.64 Publisher of the Roanoke Times (the undersigned) an authorized representative of the Roanoke mes, a daily newspaper published in Roanoke, in the State of rginia, do certify that the annexed notice ROANOKE CITY SCHOOL )ARD TRUSTEES was published in said newspapers on the following 05/02/2016 First insertion being given ... 05/02/2016 0000307452 Sworn to and subscribed before me this Tuesday, May 24, 2016 —v / Nota Fi State of Virginia FuvLlc City/County of Roanoke ' R �. "'j'' ?9b4 My Commission expires ? �, m'vcc "4M'ssloN p N FS Q• THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING FOR ROANOKE CITY SCHOOL BOARD TRUSTEES Pursuant to Section 9 -24, Code of the City of Roanoke (1979), as amended, and Section 22.1 -29.1, Code of Virginia (1950), as amended, the Roanoke City Council will hold a public hearing to receive the views of citizens regarding appointment of Roanoke City School Board Trustees at its regular meeting on Monday, May 16, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. The candidates are Wilton C. Kennedy, Annette Lewis, Susan R. Reese, and Lutheria H. Smith. The City Council will elect and appoint two School Board Trustees for three -year terms of office commencing July 1, 2016, at its regular meeting on Monday, June 6, 2016, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber. If you are a person with a disability who needs accommodations for the public hearing, please contact the City Clerk's Office at (540) 853 -2541, by Wednesday, May 11, 2016, at 4:00 p.m. GIVEN under my hand this 27th day of April, 2016. Stephanie M. Moon Reynolds, MMC City Clerk NOTICE OF PUBLIC HEARING FOR ROANOKE CITY SCHOOL BOARD TRUSTEES Pursuant to Section 9 -24, Code of the City of Roanoke (1979), as amended, and Section 22.1 -29.1, Code of Virginia (1950), as amended, the Roanoke City Council will hold a public hearing to receive the views of citizens regarding appointment of Roanoke City School Board Trustees at its regular meeting on Monday, May 16, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, 4� Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. The candidates are Wilton C. Kennedy, Annette Lewis, Susan R. Reese, and Lutheria H. Smith. The City Council will elect and appoint two School Board Trustees for three -year terms of office commencing July 1, 2016, at its regular meeting on Monday, June 6, 2016, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber. If you are a person with a disability who needs accommodations for the public hearing, please contact the City Clerk's Office at (540) 853 -2541, by Wednesday, May 11, 2016, at 4:00 p.m. GIVEN under my hand this 27th day of April, 2016. Stephanie M. Moon Reynolds, MMC City Clerk NOTE TO PUBLISHER: Publish in full once in The Roanoke Times in the non - classified Virginia Section on Monday, May 2, 2016. BLOCK STYLE Send publisher's affidavit and bill to: Stephanie M. Moon Reynolds, MMC, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 -1536 540/853 -2541 C. Cooper Youell, IV Whitlow & Youell, PLC 28A Kirk Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Youell: I am enclosing copy of Ordinance No. 40514 - 051616 rezoning properties located at 3659 and 3675 Orange Avenue, N.E., by repealing proffered conditions presently binding upon such properties as set forth in the Zoning Amendment Amended Application No. 1 dated April 18, 2016, so that the subject properties are zoned CG, Commercial - General District, with such new proffered conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016; and is in full force and effect upon its passage. Sincerely, t���,,,�,, " "" �� �1XONs Stephanie M. Moon R Ids, MC City Clerk Enclosure c: Victor F. Foti, President, Viamac, Inc. and 3675 Orange Avenue, LLC, 5041 Benois Road, #A, Roanoke, Virginia 24018 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Cameron, Director of Finance Brian Townsend, Assistant City Manager for Community Development Chris Chittum, Director of Planning, Building, and Development Ian D. Shaw, Planning Commission Agent Steven J. Talevi, Assistant City Attorney Tina Carr, Secretary, City Planning Commission CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Faa: (540)853 -1145 Sl'EPIIANIE M. MOON REYNOLDS, MMC E -nmil: ele,!E@,roanokeva . gov City Clerk CECELIA F. MCCOY Deputy City Clerk May 18, 2016 CECELIA T. WEBB, CMC Amount Deputy City Clerk C. Cooper Youell, IV Whitlow & Youell, PLC 28A Kirk Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Youell: I am enclosing copy of Ordinance No. 40514 - 051616 rezoning properties located at 3659 and 3675 Orange Avenue, N.E., by repealing proffered conditions presently binding upon such properties as set forth in the Zoning Amendment Amended Application No. 1 dated April 18, 2016, so that the subject properties are zoned CG, Commercial - General District, with such new proffered conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016; and is in full force and effect upon its passage. Sincerely, t���,,,�,, " "" �� �1XONs Stephanie M. Moon R Ids, MC City Clerk Enclosure c: Victor F. Foti, President, Viamac, Inc. and 3675 Orange Avenue, LLC, 5041 Benois Road, #A, Roanoke, Virginia 24018 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Cameron, Director of Finance Brian Townsend, Assistant City Manager for Community Development Chris Chittum, Director of Planning, Building, and Development Ian D. Shaw, Planning Commission Agent Steven J. Talevi, Assistant City Attorney Tina Carr, Secretary, City Planning Commission C. Cooper Youell, IV Whitlow & Youell, PLC May 18, 2016 Page 2 Parkway Wesleyan Church, Inc., 3645 Orange Avenue, N. E., Roanoke, Virginia 24012 Geraldine Dooley Sink, c/o Geraldine Morris, 3745 Evan Lane, Roanoke, Virginia 24012 3675 Orange Avenue, LLC, 5070 Cell Tower Drive, Roanoke, Virginia 24018 Jones Family Trust, 3737 Evan Lane, Roanoke, Virginia 24012 Victor F. Foti, President, Viamac, Inc. and 3675 Orange Avenue, LLC, c/o C. Cooper Youell, IV, 28A Kirk Avenue, S. W., Roanoke, Virginia 24011 Winston V. and Bette B. Simmons, 3721 Evan Lane, Roanoke, Virginia 24012 SJK Global, LLC, 2926 Sayre Road, Fairfax, Virginia 22031 Evington Homeowners Association, LLC, P. O. Box 251, Cloverdale, Virginia 24077 The National Bank of Blacksburg, P. O. Box 90002, Blacksburg, Virginia 24062- 9002 Christy D. Scott, 3757 Evan Lane, Roanoke, Virginia 24012 Alisa D. Brawley, 3725 Evan Lane, Roanoke, Virginia 24012 Patricia J. Wolters, 3749 Evan Lane, Roanoke, Virginia 24012 ABS Properties, LLC, c/o Robert Sell, 154 Twin Coves Drive, Moneta, Virginia 24121 Gary R. and Doreen E. Gray, 27127 Prestancia Way, Salinas, California 93908 Dennis N. and Susan W. Brown, 3733 Evan Lane, Roanoke, Virginia 24012 Elsie B. Trent Life Estate, 3729 Evan Lane, Roanoke, Virginia 24012 Shirley B. Stanton, 3753 Evan Lane, Roanoke Virginia 24012 IN TI IV COUNCIL OF THE CITY OF ROANOKE, VIRGINIA 'rhe 16th day of May, 2016. No. 40514 - 051616. AN ORDINANCE to rezone certain properties located at 3659 and 3675 Orange Avenue, N.E., by repealing proffered conditions presently binding upon such properties and proffering new conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, Victor F. Fou, as president of Viamac, Inc. ( "Viamac "), and as member of 3675 Orange Avenue, LLC ("LLC"), made a joint application to the Council of the City of Roanoke, Virginia ( "City Council "), to repeal certain conditions presently binding upon (i) certain property located at 3659 Orange Avenue, N.E., bearing Official Tax Map No. 7110122 (the "Viamac Property"), and (ii) certain property located at 3675 Orange Avenue, N.E., bearing Official Tax Map No. 7110106 (the "LLC Property "), which Viamac Property and the LLC Property are zoned CG, Commercial- General District, with proffers, such proffers being accepted by the adoption of Ordinance No. 36712- 060704, adopted on June 7, 2004, and Ordinance No. 30727 - 102191, adopted on October 21, 1991, and replacing them with new proffers; 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 or May 16, 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 repeal of the proffers applicable to the subject properties and replacing them with certain new proffers, and is of the opinion that the conditions now binding upon certain properties located at 3659 and 3675 Orange Avenue, N.E., being designated as Official Tax Map Nos. 7110122 and 7110106, respectively, should be repealed and replaced with new proffers as requested, and that such properties be zoned CO, Commercial - General District, with proffers as set forth in the Zoning Amendment Amended Application No. 1 dated April 18, 2016. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I. 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 repeal of the proffered conditions currently applicable to the Viamae Property and the LLC Property and the replacement of the same by the proffered conditions set forth in the Zoning Amendment Amended Application No. I dated April 18, 2016, so that the subject properties are zoned CG, Commercial - General District, with such proffers. 2. PWrSnaot to the provisions of Section 12 of the City Charter, the second roading ottbis ordinance by title is heroby dispensed with. ATTEST: City Clerk repeal proffers -3659 and 3675 Orange A,e11.,doc CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 16, 2016 Subject: Application by Viamac, Inc., and 3675 Orange Avenue, LLC, to repeal existing conditions proffered as part of rezonings at 3659 Orange Avenue, N.E., and 3675 Orange Avenue, N.E., bearing Official Tax Map Nos. 7110122 and 71 10106, respectively, and to adopt new conditions for both parcels. Recommendation The Planning Commission held a public hearing on Monday, May 9, 2016. By a vote of 4 - 0 the Commission recommended approval of the rezoning request, finding that the Amended Application No.l is consistent with the City's Comprehensive Plan, Hollins /Wildwood Area Plan, and Zoning Ordinance as it amends conditions on the properties to allow for continued development of the site in a manner appropriate to the surrounding area. Application Information Request: Amendment of Proffered Conditions Owner: Viamac, Inc 3675 Orange Ave, LLC Applicant: N/A Authorized Agent: C. Cooper Youell, IV, Whitlow & Youell PLC City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address /Location: 3659 Orange Avenue, N.E., and 3675 Orange Avenue, N.E. Official Tax No.: 7110122 and 7110106, respectively Site Area: Approximately 3.1320 acres and 2.0079 acres, respectively Existing Zonin : CG, Commercial - General District, with conditions Proposed Zoning: CG, Commercial - General District, with conditions Existing Land Use: Vacant and Flower shop Proposed Land Use: Car wash Neighborhood Plan: Hollins/Wildwood Area Plan Specified Future Land Use: General Commercial Filing Date: Original Application: March 28, 2016 Amended Application No. 1: April 18, 2016 Background These two properties at the northeastern edge of the the City of Roanoke along Orange Avenue were changed through separate rezoning actions to CG, General Commercial, with conditions. The property identified as Official Tax No. 7110106 was changed to be a two acre parcel as a result of a 1991 rezoning of the tract from RS -3, Residential Single - Family District, to C -2, General Commercial District, for the purpose of allowing commercial use of the previously residential building. Proffered conditions on that property required the subdivision described above and restricted the use of the property to a commercial flower shop. The property was subsequently used as a commercial flower shop. The property identified as Official Tax No. 7110122 was rezoned in 2004 from RS -3, Residential Single - Family District, to C -2, General Commercial District. Proffered conditions on that property restricted uses to particular uses, required that the first use be a restaurant, limited the curb cut to Orange Avenue to one, limited freestanding signs to two, required stormwater detention be underground, required a certain amount and density of landscaping in certain locations, and limited the number of parking spaces on the property located between the face of any building and Orange Avenue to 25% of the total number of parking spaces on the property. No development of the property occurred after the rezoning. 3675 Orange Avenue, LLC is the owner of the property located at 3675 Orange Avenue, N.E., bearing Official Tax Map Number 7110106. Viamac, Inc. is the owner of the property located at 3659 Orange Avenue, N.E., bearing Official Tax Map Number 7110122. The owners of the properties now wish for a car wash to be built on portions of the two properties. However, the proffered conditions on the two properties will not allow such development. In March 2016, the Applicants filed two separate applications to amend the existing proffered conditions on each property. In April 2016, the Applicants filed an Amended Application No. 1 combining the requests to amend the proffered conditions for the two parcels into one application and withdrew the application dated March 28, 2016, which related to Official Tax Map No.71 10122. Conditions Requested To Be Repealed and New Conditions to be Enacted by the Applicant Viamac, Inc. and 3675 Orange Avenue, LLC hereby request that all the proffered conditions accepted by the adoption of Ordinance 36712- 060704 and all the proffered conditions accepted by the adoption of Ordinance 30727- 102191 be repealed as they pertain to, respectively, Official Tax Map Nos. 7110122 and 71 10106. The applicants have proffered the following conditions be adopted as they pertain to Official Tax Nos. 7110106 and 7110122: That properties shall only be used for the following uses: PERMITTED USES: • Hotel or motel • Business service establishment, not otherwise listed in the table in Section 36.2 -315 • Financial institution • Laboratory, dental, medical or optical • Laboratory, testing and research • Medical clinic • Office, general or professional • Animal hospital or veterinary clinic, no outdoor pens or runs • Funeral home • Mixed -use building • Bakery, confectionary or similar food production, retail • Building supplies and materials, retail • Car wash, not abutting a residential district • Contractor or tradesman's shop, general or special trade • Dry cleaning and laundry pick -up station • Gasoline station • General service establishment, not otherwise listed in the table in Section 36.2-315 • Internet sales establishment • Laundromat • Motor vehicle rental establishment, without inventory on site • Nursery or greenhouse, commercial • Personal service establishment, not otherwise listed in the table in Section 36.2 -31 S • Pet grooming • Retails sales establishment, not otherwise listed in the table in Section 36.2 -315 • Eating establishment • Eating and drinking establishment not abutting a residential district • Health and fitness center • Day care center, adult • Day care center, child • Educational facilities, elementary/middle /secondary • Fire, police, or emergency services • Government offices or other government facility, not otherwise listed in the table in Section 36.2 -315 • Training facility for police, fi re, or emergency services • Wireless telecommunications facility, stealth SPECIAL EXCEPTION USES: • Car wash, abutting a residential district • Eating and drinking establishment, abutting a residential district 2. The properties shall be served by a single entrance from Orange Avenue and only one entrance is permitted. 3. The owners of the properties shall provide and maintain landscaping between paved areas and Orange Avenue, N.E., meeting the requirements of Table 648 -1 Parking Area Landscaping Standards, Street Frontage Buffering Materials of the Roanoke City Zoning Ordinance. Considerations Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: The purpose of the CG District is to permit motor vehicle dependent uses that are generally developed as single use developments on individual lots, subject to landscaping, access, and signage standards. Such development is generally characterized by individual curb cuts, access drives, and signage. It is intended that this district be applied primarily along heavily traveled arterial streets, with an emphasis on clustering such development at major intersections. While recognizing the motor vehicle traffic generated by the uses permitted in this district, it is the intent of the regulations of the district to encourage and recognize pedestrian access and public transit forms of transportation by locating parking to the side and rear of buildings and minimizing conflict through landscaping and signage standards. The uses permitted in this district Zoning District Land Use North Roanoke County Office, General or Professional; Dwelling, townhouse or rowhouse; Eating and Drinking Establishment South INPUD, Institutional Planned Unit Vacant; Financial Institution, Development; CG, Commercial - Office, General or Professional General District; CG, Commercial - General District, with conditions East INPUD, Institutional Planned Unit Vacant and Place of Worship Development West CG, Commercial - General District, Vacant, Eating Establishment; with conditions Personal Service Establishment; Office, General or Professional; Retail Sales Establishment Compliance with the Zoning Ordinance: The purpose of the CG District is to permit motor vehicle dependent uses that are generally developed as single use developments on individual lots, subject to landscaping, access, and signage standards. Such development is generally characterized by individual curb cuts, access drives, and signage. It is intended that this district be applied primarily along heavily traveled arterial streets, with an emphasis on clustering such development at major intersections. While recognizing the motor vehicle traffic generated by the uses permitted in this district, it is the intent of the regulations of the district to encourage and recognize pedestrian access and public transit forms of transportation by locating parking to the side and rear of buildings and minimizing conflict through landscaping and signage standards. The uses permitted in this district generally require a high volume of traffic along the frontage of the establishment and include horizontally oriented buildings. Such permitted uses include general retail establishments, offices, service establishments, motor vehicle related sales and service, eating establishments, and entertainment uses. The CG District is also intended to accommodate travel- oriented uses such as hotels, motels, and gasoline stations. The development is subject to dimensional and development standards of the ordinance and subject to the additional proffers restricting land use, restricting the number of entrances for the two properties to one, and requiring particular landscaping between paved areas and Orange Avenue. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Hollins /Wildwood Area Plan identify the need for redevelopment of existing commercial properties within existing commercial zoning districts. The repeal of existing proffered conditions and adoption of new proffered conditions will allow the development of the property in a manner appropriate to the surrounding area. Relevant Vision 2001 -2020 policies: • ED P6. Commercial development. Roanoke will encourage commercial development in appropriate areas (i.e., key intersections and centers) of Roanoke to serve the needs of citizens and visitors. City Design • New development along the City's edges should promote a positive image of the City by respecting natural features, emphasizing high - quality building design, and incorporating appropriate landscaping. • Commercial corridors are intended to serve as retail strips for customers from throughout the City and are generally located on arterial roads. They are characterized by linear development on wide roads without bicycle lanes or pedestrian traffic access with excessive signage and curb cuts. Land uses often consist of a variety of business supportive services such as banks, restaurants, furniture stores, and convenience stores, among others. Commercial Corridor Design Principles: • Commercial development should be concentrated at key intersections and should encourage higher- density, mixed -use development and live /work space along the road. Curb cuts should be minimized; shared parking lots and on- street parking should be encouraged. • Site development should be maximized through reduced parking spaces, increased lot coverage, and parcels developed along street frontages. Relevant Hollins /Wildwood Area Plan Policies: Community Design Policies: Economic Development Policies and Actions: • Commercial Corridors: Commercial areas should accommodate competitive businesses that have aesthetic and functional compatibility with adjoining residential areas. • Orange Avenue: Maintain commercial zoning that will retain existing businesses and attract new establishments. The use of the property has been designated for commercial use for many years. Proffered conditions exist on the properties as remnants from the previous rezonings in the 1990's and early 2000's that prohibit the development of a business on the properties as desired by the Applicants. The Comprehensive Plan speaks to the importance of new development along the edge of the City creating a positive image of the City by respecting natural features, emphasizing high - quality building design, and incorporating appropriate landscaping. The Zoning Ordinance addresses the quality of the building design for the Commercial General District by requiring development close to the street, entrances and windows on the buildings facing the street, and addressing the scale of buildings. The Applicants have additionally responded by proffering a list of commercial uses appropriate for the area, landscaping along Orange Avenue, and restricting entrances to the parcels to encourage better traffic flow on Orange Avenue. The redevelopment of the property as proposed is appropriate for the area. Public Comments: Mr. Lance Mills, 3772 Evan Lane in Roanoke County, owns a property near the parcels repealing existing and adopting new proffered conditions. He stated in a phone conversation with staff on April 21, 2016, that the lay of the land in the rear of the property is a natural stormwater collection point to keep water from running into 460. Mr. Winston Simmons, 3721 Evan Lane in Roanoke County, owns a property near the parcels repealing existing and adopting new proffered conditions. He stated in a phone conversation with staff on April 21, 2016, that his two concerns are that the property is a watershed and a water collector. Plannino Commission Work Session The following items were discussed in the Planning Commission Work Session for compliance with City policy and ordinances. • Combine the zoning amendment requests of the two parcels on the first application and withdraw the second application. • If you chose to amend the proffers on only a portion of 3659 Orange Ave, NE, please provide a metes and bounds description of that portion of the property. If you amend the application to include all of 3659 Orange Ave, NE, then one is not needed. • Amend the application to reflect the language recommendations in the attached "Guide to Proffered Conditions, requesting repeal of existing proffered conditions and requesting the adoption of new proffered conditions in a specific format. • A landscaping condition "Provide and maintain landscaping between paved areas and Orange Avenue, N.E., meeting the requirements of Table 648 -1 Parking Area Landscaping Standards, Street Frontage Buffering Materials of the Roanoke City Zoning Ordinance." would continue the streetscape treatment required in the Ordinance for landscaping between parking areas and the street for the car detailing area. The Applicants subsequently filed Amended Application No.] addressing all of the comments. Planning Commission Public Hearing: Chris Craft, President of the Wildwood Civic League, stated that the Wildwood Civic League voted unanimously to request Planning Commission approve the request to rezone the property as presented in Amended Application No. 1 to bring more economic development to their neighborhood. Vt 41h/ d 14,- Qe /-Ij � Kermit Hale, 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 Victor F. Foti, Viamac, Inc Victor F. Foti, 3675 Orange Ave, LLC C. Cooper Youell, IV, Whitlow & Youell PLC Zoning Amendment Application Department of Planning, Building and Development RECEIVED ROA N O K E Room 166, Noel C. Taylor Municipal Building 215 Church Avenue. S.W. APR 18 2016 Roanoke, Virginia 24011 Cllok Hare to Pnnl Phone: (540) 653 -1730 Fax. (540) 653 -1230 CITY OF ROANOKE PLANNING BUILDING a Date: /18/2016 Submittal Number Amen9&TkkffW1fd6 No. t - 2.aues/ ("iaCtall ffsa! ennWVf ❑ Rezoning, Not Otherwise Listed 0 Amendment of Pfollered Conddmos ❑ Rezoning, Conditional ❑ Amendment of Planned Un,l Development Plan ❑ Retuning to Planned Unit Development ❑ Amendment of Comprehensve Sign Overlay Dislncl ❑ Establishment of Comprehensive Sign Overlay District P�gpeTtv'IMomka�llonr Address; 3659 Orange Avenue, NE and 3675 Orange Avenue, NE Official Tax No(s).: 110122 and 7110106 Existing Base Zoning: CG, Commerc al- General 0 With Conditions (If multiple zones. Please manually enter all districts.) I ❑ Without Conditions Ordinance No(s). for Existing Conditions (If applkaNe): 36712 - 060704 and 30727 - 102191 Requested Zoning: CG, Commercial- General 19 With Conditions pel..d ❑ Wthout Condbons Land Use: Mr I,JA"K Proaerty Owner I eftmallon: Name Iamac, Inc. and 3675 Orange Avenue, LLC Phone Number: H (540) 314 -BD00 Address: c/0 C. Cooper Youell, IV, 28A Kirk Avenue, SW, Roanoke, VA 140 E -Mall: cyouell @whNowyouelLcom Property Owners Signature: ;AnI lcant laorrna ilon lif dWwvnt from yfflgM Nom: Phone Number: Address: E-Mail• Applca rs Signature: Anihnri:ed Agent Irxformallon IN aaalicebley: Name: C. Cooper Youell, IV Phone Number .1 (',40) 904 -7s36 Address: 28A Krk Avenue, SW, Roanoke, VA 74011 E -Mail: youell @whidowyouell.rwn Autllonzed Agent's- SignaN2. j Zoning Amendment Application Checklist r 1 The toAowldg.mud be stllxnited for all appkdons: ROA N O K E 9 Completed application farm and checklist. V Written narrative explaining the reason for the request. r Metes and bounds description, t applicable. CZ Ftkng fee. For rnxpi@jg not olhOWAN Tfell the toping must also be submitted: F Concept plan meeting the Application Requirements of tiem'2(c)' In Zoning Amendment Procedures. For a cohdWogy rartri the following.mhut also be submitted: F Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting fire Application Reqre uments of item '2(c)' In Zoning Amendment Procedures. Please label as F- 'development planet proffered. ForapT +iNiidWd}deaalbpmaiU'tlis_toWill; Must e(sp'besubmited: r Development plan meeting the requirements of Section 36.2 -326 of the Ciys Zoning Ordinance. It KB: I40 Iq 4WO. the loftdlving must be submitted; r Comprehensive signage plan meeting the requirements of Section 36.2- M(d)(2) of the Ctys Zoning Ordinance. IFor aVirle ilivient ofpi offered oondhloea, the f*mrig must also be submitted" Amended development or concept plan meeting the Appgcation Requirements of item'2(c)' in Zoning Amendment Procedures, N applicable. Gr Written profers to be amended. See the Cit/s Guide to Proffered Conditions. V COPY Of PrOADusly adopted Ordinance. t:dr a, plutnp3 urrD devotopm:nt amendment, the following must also be submitted. r Amended devebprrmnt plan meeting the requirements of Section 36.2.326 of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. For a CDM*heneNeslyh overlay amendlnettk this folD ig must dlso be submitted: r Amended comprehensive slgnage plan meeting the requirements of Section 362- 336(d) of the Ctys Zoning Ordinance. F Copy of previously adopted Ordinance. %or a arogosal fjat reQulres a baW Impact study be stbnhlted to the City, the todowlog.must also be subr*ed: r A Traffic Impad Study In congtiance with Appendix &2(a) of the CIO Zoning Ordnance. _ Fa'a W468WIhgf"Ini s a fraNld_Impect anefysle be submitted to VDOT, the fotbwing must also he su*med: r Cover sheet. F Traffic impact analysis. F Concept plan. r Proffered conditions, if applicable. r Required tee. *An elechorhic copy of this application ant dhecldist can be found a•. www roanokeva.govlpbd by selecmng'Planning Commission' under 'Boards and Comm'ssbns'. A complete packet must be submitted each :me an appiiraGon Is amended, unless otsrvase specified by staff. WHITLOW & YOUELL PLc 1 T O R V F ti Michael S. Whitlow Drtect Dial: (540) 904 -7835 mwhltlowOwh, tiowyouell.com Direct fax (866) 684 -7835 April 18, 2016 HAND DELIVERED Department of Plannin)'. Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue Roanoke, VA 24011 C. Cooper Youell, IV Direct Dial: (340) 904 -7836 cyoueli(uwh:Uowyoueli.com Direct f4x:(866) 684 -7836 Re: Amended Application No. 1 3675 Orange Avenue, LLC and Viamac, Inc. Withdrawal of Rezoning; Amendment Application file by Viamac, Inc. To whom it may concern: Enclosed please find Amended Application No. I filed on behalf of our client, 3675 Orange Avenue, LLC (the "LLC "), which amends the Rezonim, Amendment Applicalion filed by the LLC on March 28, 2016. As reflected in the Amended Application No. I, Viamac, Inc., also our chent,joins in the application with the LLC. Because Viamac, Inc. has joined the application with the LLC, this letter serves as notice that Viamac, Inc, withdraws the Rezoning Amendment Application it filed March 28, 2016. Should you have any questions, please give me a call at 904 -7836. Sincerely, WHITLOW & YOUELL, PLC C. Cooper Youell, IV CCY:li,h Enclosure RECEIVED APR 18 2016 CITYOFROANOKE P MNWG BUILDING B DEVELOPMENT (117,1/31/ooa88856.D0Cp ) Post Office Bob 779, Roanoke, Virg ma :.4004 • 16 W. Kir6 Avenue, Roanoke, Virpina 14011 Tel: (,40)904 -7830 • www.wh', lowyouell.cam Exhibit A to First Amendment to Rezoning Amendment Application Narrative Viamac, Inc. ( "Viamac ") and 3675 Orange Avenue, LLC (the "LLC ") own adjacent properties located on Orange Avenue. Viamac owns the property located at 3659 Orange Avenue. NE, in the City of Roanoke, tae map no. 7110122, containing 3.13 acres (the "Viamac Property). The Viamac Property was rezoned pursuant to that certain Ordinance dated June 7, 2004 and numbered 36712 - 060704, a copy of which is attached to the Application as Exhibit B- I. The LLC owns the property located at 3675 Orange Avenue, NE, in the City of Roanoke, lax map no. 7110106, containing 2 acres (the "LLC Property "). The LLC Property was rezoned pursuant to that certain Ordinance dated October 21, 1991 and numbered 30727 - 102191, a copy of which is attached to the Application as Exhibit B -2. Viamac and the LLC desire and intend to work together to develop the respective properties. Unfortunately, the existing proffered conditions severely limit what can be done on either parcel. For example, the prof %red conditions for the Viamac Property stipulate, in part, that the first developed use must be a restaurant while the proffered conditions applicable to the LLC Property stipulate that the property may only be used as a Bower shop. The LLC intends to file a Special Exception Application to permit the use of the front portion of the LLC Property as a our wash as shown on the Conceptual Site Plan attached to the Application as Exhibit C (the "Concept Plan "). Viamac desires that the development take place and has agreed to convey approximately 0. 17 acre of the Viamac Property to the LLC to permit the development as shown on the Concept Plan. In addition, as shown on the Concept Plan, Viamac has agreed to grant the LLC an easement for inrress and e,,ress and both properties will be served via a shared private drive from Orange Avenue. A draft of the deed is attached as E\ obit Because the existing proffered conditions applicable to both properties would prohibit the proposed development of the car wash and are otherwise overly restrictive, the LLC and Viamac desire to repeal the existing conditions applicable to their respective properties and adopt those set forth on Exhibit E. Because there are no connections to any otherroadways from either property, the vehicular impact on the surrounding properties should be non - existent. Althou ;h not part of the requested zonins amendment, the parties have had a number of meethiLs and conversations with Planninv Staff end the Zoning Administrator and it is anticipated that the remainder of the LLC Property and the Viamac Property will be developed in concert and will likely include a PUD served by a common private street. In general, all the properties alone the Routc 460 corridor in the vicinity of the properties are zoned commercial or industrial and the proposed amendment to the cxistinq Ordinances furthers the intent and purposes of the City's Zoning Ordinances and the Vision 2001 -2020 Comprehensive Plan. (arrsr/.r/000s nz.ocgn t Fxhibit B -1 to First Amendment to Rezoning Application See Attached Existing Ordinance to Viamac Properly 11 rAPV 09F 1'.DOOt,1l Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby & Goodlatte P. 0. Box 2887 Roanoke, Virginia 24001 -2887 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 36712- 060704 rezoning a certain tract of land located at 3659 Orange Avenue, N. E., containing 3.13 acres, more or less, described as Official Tax No. 7110122, from RS -3, Residential Single- family District, to C -2, General Commercial District, subject to the proffers contained in the Sixth Amended Petition filed in the Office of the City Clerk on June 1, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 7, 2004, and is in full force and effect upon its passage. Sincerely, n 0"Y ) Mary F. Parker, CMC City Clerk MFP:ew Enclosure } CITY Or ItoAlvoRE OFFICE OF CITY CLERK � 215 Church Avenue, S.W., Room 456 Roonoke, Vinrmia 24011 -1536 Telq,lm (W)853.2541 MARY F. PARRAH, CaIC F.(W)8531145 L mail de,kQe.,rovtoka.ve.a' STI PIIANIE Al. MOON City Clerk D," Coy 0"k SHEILA N. HAR7NAN MAiWt Oty Clerk June 9, 2003 File #51 Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby & Goodlatte P. 0. Box 2887 Roanoke, Virginia 24001 -2887 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 36712- 060704 rezoning a certain tract of land located at 3659 Orange Avenue, N. E., containing 3.13 acres, more or less, described as Official Tax No. 7110122, from RS -3, Residential Single- family District, to C -2, General Commercial District, subject to the proffers contained in the Sixth Amended Petition filed in the Office of the City Clerk on June 1, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 7, 2004, and is in full force and effect upon its passage. Sincerely, n 0"Y ) Mary F. Parker, CMC City Clerk MFP:ew Enclosure Maryellen F. Goodlatte June 9, 2004 Page 2 pc: Parkway Wesleyan Church, 3230 King Street, N. E., Roanoke, Virginia 24012 Ms. Evelyn Keister Gish, 3659 Orange Avenue, N. E., Roanoke, Virginia 24012 Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue, S. W. , Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager For Community Development Martha P. Franklin, Secretary, City Planning Commission Nancy C. Snodgrass, Acting Zoning Adminstrator Susan S. Lower, Director, Real Estate Valuation Karl S. Cooler, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney (a� IN TIME COUNCIL OF TIC CITY OF ROANOKE, VIRGINIA The 7th day of June, 2004. No. 36712- 060704. AN ORDINANCE to amend §36.1 -3, Code of the City of Roanoke (1979), as amended, and Sheet No. 711, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by tide. WHEREAS, Fudds of S. W. VA., Inc. has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM -3, Residential Single-Family District, to C -2, General Commercial District, subject to certain conditions proffered by the applicant; WHEREAS, the City Maiming Commission, which after giving proper notice to all concerned as required by §36.1 -693, Code of the City of Roanoke (19791 as amended, and after conducting a public bearing on the matter, has made its recommendation to Council; WHEREAS, a public bearing was held by City Council on said application at its meeting on May 20, 2004, after due and timely notice thereof as required by §36.1 -693, Code ofthe City of Roanoke (1979), as amended, atwhich hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; WHEREAS, after hearing all parties in interest and citizens, both for and against the proposed rezoning, City Council closed the public hearing; WHEREAS, the request for rezoning was referred to City planning staffforrmew of additional proffers and report to Council no later than Monday, June 21, 2004; x+ursaROeU,a¢so•�ponpy�vwttoc m WHEREAS, a Sixth Amended Petition was filed with the City Clerk on June 1, 2004, 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 and the public meeting is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: Section 36.1 -3, Code of the City of Roanoke (1979), as amended, and Sheet No. 711 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other. That certain tract of land located at 3659 Orange Avenue, S.E., containing 3.13 acres, more or less, known as Official Tax No. 7110122, and designated on Sheet No. 711 of the Sectional 1976 Zone Map, City of Roanoke, be, and is hereby rezoned from RS -3, Residential Single - Family District, to C -2, General Commercial District, subject to the proffers contained in the Sixth Amended Petition filed in the Office ofthe City Clerk on June 1, 2004, and that Sheet No. 711 of the Zone Map be changed in this respect. 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: C, Cief"t-) w �7a June 7, 2004 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Background: Planning Building and Development Room 166, Mumcipal Bmid ng 215 church Avenue, S. W Roanoke Virgm a 24011 (540)85.. 1730 (Fax)853 -1230 I mad planning @ici nx noke va u, At its public hearing on May 20, 2004, the City Council considered the request of Fudds of S.W.VA, Inc., for property located at 3659 Orange Avenue, N. E. Official Tax No. 7110122, to be rezoned from RS -3, Residential Single Family District , to C -2, General Commercial District, subject to certain conditions proffered by the petitioner as contained In the petitioner's Fifth Amended Petition, filed on April 12, 2004. The City Planning Commission, at its April 15, 2004, public hearing, failed to recommend the rezoning request by a vote of 0- 7 because of the petition's lack of clear defnition of future use and site development standards that reflected consistency with the policies of Vision 2001 -2020, the City's comprehensive plan. By motion of City Council the rezoning request was referred to the staff of the Department of Planning Building and Development for review of additional proffers and report to Council no later than Monday, June 21, 2004. Considerations: Since the City Council's action to refer the matter to staff, the petitioner has developed a modified set of proffered conditions contained in a Sixth Amended Petition which was filed with the City Clerk on June 1, 2004. In this Sixth Amended Petition, the petitioner proffers the following. That the property shall be used only for the following uses a. Permitted Uses I Dwellings located above ground floor nonresidential uses. 2) Nonprofit counseling facilities and services. 3) Day care centers with unlimited capacity subject to the requirements of Section 36.1 -510 et seq. 4) Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities. S) Clubs, lodges and fraternal organizations. 6) Post offices. 7) Indoor recreational uses including bowling alleys, indoor tennis courts, squash courts, fitness centers and other similar uses. 8) Theaters with unlimited seating capacity. 9) Outdoor recreational facilities including swimming clubs, tennis courts, athletic facilities and other similar uses. 10) General and professional offices including financial institutions. 11) Medical clinics. 12) Medical offices. 13) General service establishments, except that general service establishments primarily engaged in the repair or maintenance of motor vehicles shall not be permitted. 14) Funeral homes. 15) Restaurants. 16) Hotels, motel, and Inns. 17) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the Incidental repair and assembly of merchandise, goods or products to be sold on the premises. 18) Food stores with unlimited gross Floor area. 19) Neighborhood and highway convenience stores, provided that no motor vehicle service station canopy over a gas Pump island shall be allowed, unless: a. Such canopy shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet six (6) inches and a maximum overall height 1101 to exceed sixteen (16) feet six (6) inches. b. There shall be no illumination of any portion of the fascia of the canopy; C. Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the Pump islands and shall not be directed outward or away from the site. (d) The vertical dimension of the fascia of such canopy shall be no more than two (2) feet; and (e) Signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached. 20) Auto accessory sales with related installation. 21) Automobile cleaning facilities. 22) Storage and warehouse activities which are accessory to a retail use where all storage activities are wholly enclosed In a building which Is located on the same lot as the retail use and where the gross floor area of buildings used for storage activities does not exceed fifty (50) percent of the gross floor area of the retail use. 23) Veterinary clinics with no outside corrals or pens. 24) Kennels with no outside pens or "runs." 25) Plant nurseries and greenhouses including those with retail sales. 26) Commercial printing establishments which print newspapers, publications, and other materials. 27) Personal service establishments. 28) Business service establishments. b. Special Exception Uses: 1) fast food restaurants, so long as a special exception is granted. 2) Establishments engaged in the retail sale of building supplies where all or a portion of related storage and display activities are not wholly enclosed in a building provided the outdoor storage or display area is accessory to a building and has a maximum area no greater than ten (10) percent of the gross floor area of the building, so long as a special exception is granted. 3) Mini warehouses provided that the total gross floor area of storage buildings shall not exceed twelve thousand (12,000) square feet, so long as a special exception is granted. 4) Establishments primarily engaged In the wholesale distribution of goods where all related activities are wholly enclosed in a building provided that and so long as a special exception is granted: a. The total gross floor area of buildings on a lot shall not exceed twelve thousand 02,000) square feet. b. The use is located on a major arterial road or highway. 5) Manufacturing, assembly, mixing, processing or other processes which are accessory to a retail use, where all such activities are wholly enclosed in the same building as the retail use and where no more than five (5) people are involved in such processes on the premises, so long as a special exception is granted. 6) Medical laboratories, so long as a special exception is granted. 2. That the first use to be developed on the property shall be a restaurant. 3. That there shall be no more than one (1) curb cut on Orange Avenue serving the property. 4. That there shall be no more than two (2) freestanding signs serving the property. 5. That the storm water detention facility for the property shall be located underground. 6. That a minimum of one (1) tree shall be planted for every six (6) parking spaces located on that portion of the property being developed for a restaurant. Said trees shall be located in the interior and perimeter of the parking lot. At least fifty percent (50%) of said trees shall be a minimum of two and one half (2 %z) inches caliper in diameter at the time of planting. 7. That no more than twenty five percent (259) of the number of parking spaces on the property shall be located between the face of any building and Orange Avenue. Staff Evaluation and Recommendation: The proffers contained in the Sixth Amended Petition provide appropriate limitations on future use given the location of the site at a significant corridor gateway into the City. In addition, the amended petition contains proffers that also address limitations to vehicular access to the site and to on -site freestanding signage which are consistent with Asian 2001 -2020 development policies. Furthermore, proffers relating to underground storm water detention, the provision of parking lot landscaping, and a limitation on the amount of on- site parking to be located between the public right-of -way and buildings on the site, provide parameters on the future development of the site In a manner that appropriately address policies contained in the comprehensive plan. Given the additional proffers contained in the Sixth Amended Petition, staff recommends that City Council approve the rezoning subject to certain conditions proffered by the petitioner. Respectfully submitted, R. Brian Townsend, Director Planning Building and Development RBT:mpf attachments narlenP L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven I Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE VIRGINIA IN RE: Rezoning of one tract of land located at 3659 Orange Avenue, N.E., identified as official Tax Map Number 7110122, from RS -3, Residential Single - Family District, to C -2, General Commercial District, such rezoning to be subject to certain conditions. SIXTH AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS Or THI. COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Petitioner FUDDS OF S. W.VA., INC., owns real property in the City of Roanoke, Virginia, containing 3.130 acres, more or less, located at 3659 Oranp,e Avenue, N.E. and being Tax Map Number 7110122. The property is currently zoned RS -3, Residential Single - gamily District. A map of the property to be rezoned is attached as i.xhibit A. Pursuant to Section 36.1 -690, Code of the City of Roanoke (1979), as amended, Petitioner requests that the said property be reruned from RS -3, Residential Single- Family District, to C -2, General Commercial District, subject to certain conditions set forth below, for the purpose of Permitting a restaurant on the property. The conceptual development plan prepared by Lumsden Associates, P.C., dated February 4, 2004, is attached hereto as Exhibit B ("Development Plan'). Your petitioner believes the rezoning of the property will further the intent and purposes o.' the City's Zoning Ordinance and Vision 2001 -2020 Comprehensive Plan. This property is located along and would be oriented toward Orange Avenue. This pmject will promote quality development and good use along the Oranye Avenue commercial corridor, and would permit this parcel to be used for commercial purpose, coosisie A with its C -2 neighbors. If the said tract is rezoned as requested, your petitioner hereby proffers and agrees as follows I. That the property shall be used only for the following uses: a. Permitted Uses: 1) Dwellings located above ground floor rwnresidcotial uses. 2) Nonprofit counseling facilities and servwes. 3) Day care centers with unlimited capacity subject to the requimmcmts of section 36.1 -510 of seq. 4) Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities. 5) Clubs, lodges and fraternal organizations. 6) Post offices. 7) Indoor recreational uses including bowling alleys, indoor tennis courts, squash courts, fitness centers and other similar uses. g) Theaters with unlimited seating capacity. 9) Outdoor recreational fxditics including swimming clubs, tenni, courts, athletic f mihties and other similar uses 10) General and professional offices including ::uncial institutions. 11) Medical clinics. 12) Medical offices. 13) General service establishments, except that general service establishments primarily engaged in the repair or maintenance or motor vehicles shall not be permitted. 14) Funeral homes. 15) Restaurants. 16) Hotels, motels, and inns. 17) General retail establishments pnmarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. 1£) Food stores with unlimited gross floor area. 19) Neighborhood and highway convenience stores, provided that no motor vehicle service station canopy over a gas pump island shall be allowed, unless: a. Such canopy shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet six (6) inches and a maximtun overill height not to exceed sixteen (16) feet six (6) inches, b- Them shall be no illumination of any portion of the facia o; the canopy, 3 C. Any lighting fixtures or sourer s of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceilin . All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site. d. The vertical dimension of the fascia of such canopy shall be no more than two (2) feet; and C. Signs attached to or on such canopy shall not he illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached. 20) Auto accessory sales with related installation. 21) Automobile cleaning facilities. 22) Storage and warehouse activities which are accessory to a retail use where all storage activities are wholly enclosed in a building which is located on the same lot as the retail use and where the gross floor area of buildings used for storage activities does not exceed fifty (50) Percent of the gross floor area of the retail use. 23) Veterinary clinics with no outside corals or p, S. 24) Kennels with no outside pens or `runs." 2D) Plant nurseries and greenhouses includ!m; those with retail sales. ri 26) Commercial printin, e;lablislueents which print newspapem, publications, and other materials. 27) Personal service establishments. 28) Business service establishments. b. Special Exception Uses: 1) Cast food restaurants, so long as a special exception is granted. 2) Establishments eng.iged in the retail sale of building supplies where all or a portion of related storage and display activities are not wholly enclosed in a building provided the outdoor storage or display area is accessory to a building and has a maximum area no greater than ten (10) percent of the gross floor area of the building, so long as a special c xception is ]wanted. 3) Mini - warehouse provided that the total Dross floor area of storage buildinr:s shall not exceed twelve thousand (12,000) square teet, so long as a special exception is granted. 4) Establishments primarily engaged in the wholesale distribution of goods where all related activities are wholly enclosed in a building provided that and so long as a special exception is granted: a. The total gross floor area of buildings on a lot shall not exceed twelve thousand (12,000) square feet b. The use is located on a m.]or arterial road or highway. j 5) Manufacturing, assembly, mixing, processing or other processes which re accessory to a retail use, where all such activities are wholly enclosed in the same building as the retail use and where no more than five (5) people are involved in such processes on the premises, so lone; as a special exception is granted. 6) Medical laboratories, so long as a special exception is granted. 2. That the first use to be developed on the property shall be a restaurant. I. That there shall be no more than one (1) curb cut on Orange Avenue serving the property- 4. That them shall be no more than two (2) freestanding signs serving the property. 5. That the stormwater detention facility for the property shall be located undeq round. 6. That a minimum of one (1) tree shall be planted for every six (6) parking spaces located on that portion of the property being developed for a restaurant. Said trees shall be located in the interior and perimeter of the parking lot At least fifty percent (50 01.) of said trees shall be a minimum of two and one -half (2 1/2) inches caliper in diameter at the time of planting. 7. That no more than twenty five percent (25 %) of the number ofparking spaces on the property shall be located between the face of any building and Orange Avenue. Attached as Exhibit Care the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent to, immediately across a street or road from the property to be rewned. Z WIiHREFORE, your Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. This Sixth Amended Petition is respectfully submitted this( — day oflune, 2004. FUDDS OF S. W. VA., INC., a Virginia corporation yi i Maryellen F. Goodlatte, Esq, Glenn, Feldmann, Darby & Goodlatte 210 1 St Street, S.W., Suite 200 P. O. Box 2887 Roanoke, Virginia 24001 -2887 (540) 224 -8018 - Telephone (540) 224 -8050 - Facsimile I_ oodI ateC_ _Id ecom M 101, 2004 09:1d 5407254,190 FUDDS OF S.W.VA., MC., a hereby consents to this sixth an VIAM C OFFI[ ' 511F j 4 rQ corporation, owner of the property subject to this petition, titter, tncludt:tg the volmury protfm contained herein. S.W.VA., F m I I,I.II � t 0 �• i .< I. I I � 1 pf • e° I I I y) _ I I I I J I I 716 I IN I I - Z^ 1' I I tv.c I`1 i 1 1 \I i J �1 ,C14 1 �-� ---- '1 ice' c a q - Lij :y yN �N ..' +.` \'•.`� mil) \\ a q - � f/ � \P•i,l � �6 Y \ k F j �R4 Case g pd \• ���PCaeB 4? Lij :y yN �N � f/ � \P•i,l � �6 Y \ k F j �R4 Case g pd \• ���PCaeB 4? ADJOINING PROPERTY OWNERS FUDDS OF S.W.VA., INC. Tax Parcel Number 7110122 3659 Orange Avenue, N.E., Roanoke, Virpn;a 24012 Tax Mao Numbrr Owners) /Address 7110106 Evelyn Keister Gish 3659 Orange Avenue, N.E. Roanoke, Virginia 24012 7110105 Parkway Wesleyan Church, Inc. 3230 Kmg Sheet, N.E. Roanoke, Virginia 24012 7160102 City of Roanoke 7160113 215 Church Avenue, Room 250 Roanoke, Virlinia 24011 C Exhibit B -2 to First Amendment to Rezoning Anplic. lion See Attached Existing Ordinance to [lie LLC Property (+17 4fM/�F'1 .aon i l MARY F. PARKER CyCkk October 23, 1991 File #51 Mr. Claude D. Carter Attorney P. O. Box 13206 Roanoke, Virginia 24032 Dear Mr. Carter: SANDRA H. FAKIN Deputy Gly Ck,k I am enclosing copy of Ordinance No. 30727 - 102191 rezoning a tract of land located an I7. S. Route 460 (Orange Avenue, N. E.) s containing 2.000 acres, identified as a combination of Official Tax Nos. 7110106 and 7110122, from RS -3, Residential Single Family District, to C -2, General Commercial District, subject to certain conditions proffered by the petitioner. Ordinance No. 30727 - 102191 was adopted by the Council of the City of Roanoke an first reading on Monday, October 14, 1991, also adopted by the Council on second reading on Monday, October 21, 1991, and will take effect ten days following the date of its second reading. Sincerely, Y\1 " 7-. l hie-- — Mary F. Parker, CMC /AAE City Clerk MFP:ra Enc. Pc: Mr. & Mrs. Joel J. Ewen, 3645 Orange Avenue, N. E., Roanoke, Virginia 24012 Investors Savings Bank, P. O. Box 36666, Richmond, Virginia 23235 Mr. David H. Luther, et Ws, 1/0 Industrial Gas & Supply, p. O. Box 960, Bluefield, Virginia 24701 Mr. & Mrs. G. L. Boone, c/o Boone and Company, p. O. Box 8614, Roanoke, Virginia 24014 Ms. Nancy G. Creasy, et als, c/o Mr, T. L. Plunkett, Co- Executor, 300 Shenandoah Building, Roanoke, Virginia 24011 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board Of Zoning Appeals CITY OF ROANOKE OFFICE OFTHE CITY CLERK 215 Chinch Avenue, S.W.. Room 456 Ro -ole, %v 24011 Telephone (103)9812511 MARY F. PARKER CyCkk October 23, 1991 File #51 Mr. Claude D. Carter Attorney P. O. Box 13206 Roanoke, Virginia 24032 Dear Mr. Carter: SANDRA H. FAKIN Deputy Gly Ck,k I am enclosing copy of Ordinance No. 30727 - 102191 rezoning a tract of land located an I7. S. Route 460 (Orange Avenue, N. E.) s containing 2.000 acres, identified as a combination of Official Tax Nos. 7110106 and 7110122, from RS -3, Residential Single Family District, to C -2, General Commercial District, subject to certain conditions proffered by the petitioner. Ordinance No. 30727 - 102191 was adopted by the Council of the City of Roanoke an first reading on Monday, October 14, 1991, also adopted by the Council on second reading on Monday, October 21, 1991, and will take effect ten days following the date of its second reading. Sincerely, Y\1 " 7-. l hie-- — Mary F. Parker, CMC /AAE City Clerk MFP:ra Enc. Pc: Mr. & Mrs. Joel J. Ewen, 3645 Orange Avenue, N. E., Roanoke, Virginia 24012 Investors Savings Bank, P. O. Box 36666, Richmond, Virginia 23235 Mr. David H. Luther, et Ws, 1/0 Industrial Gas & Supply, p. O. Box 960, Bluefield, Virginia 24701 Mr. & Mrs. G. L. Boone, c/o Boone and Company, p. O. Box 8614, Roanoke, Virginia 24014 Ms. Nancy G. Creasy, et als, c/o Mr, T. L. Plunkett, Co- Executor, 300 Shenandoah Building, Roanoke, Virginia 24011 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board Of Zoning Appeals Mr. Claude D. Carter October 23, 1991 Page 2 Pc: 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 /Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st Day of October, 1991. No. 30727- 102191. AN ORDINANCE to amend $36.1 -3, Code of the City of Roanoke (1979), as amended, and Sheet No. 711, 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 RS -3, Residential Single Family 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 October 14, 1991, 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 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 RFC' 1`!" 7 CI CITY .91 SE.p 24 ?3'.24 RQMM ..... .en _ _. P.amidce Cty Bomma Comm,s October 14, 1991 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Evelyn L. Gish, represented by Claude D. Carter, that a tract of land located on U.S. Route 460 (Orange Avenue, N.E.), described as Official Tax Numbers 7110106 and 7110122, be rezoned from RS -3, Residential Single Family District, to C -21 General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background- A. Purpose of the rezoning request is to provide for the conversion of an existing residential structure to a commercial flower shop. B. Petition to rezone was filed on July 31, 1991. C. First amended petition to re ^one was filed on August 20, 1991. The following conditions were proffered by the petitioner: 1. That the property will be subdivided as shown on Exhibit A and will be developed in substantial conformity with the concept plan attached to this petition for rezoning as Exhibit B, subject to any changes required by the City during comprehensive site plan review. 2. That if the property is not utilized for a Commercial C -2 use as a commercial flower shop within three years from the date of final zoning approval and no building permit has been issued and no construction commenced within three years from the date of final zoning approval, the zoning shall revert to RS -3, Single Family Residential District, without further action by City Council. D. Planning Commission publ-c hearing was held on Wednesday, September 4, 1991. Mr. Claude Carter, attorney for the petitioner, appeared before the Commission and stated that the tracts in question were part of the original Gish farm, of which about four acres remained. He noted that a house was located on the tract under consideration which would be converted and used as a commercial flower establishment. Mr. Carter stated he would like to amend his second proffer to read, "That if the property is not utilized for a commercial flower shop within three years. Mr. Carter also noted that the site was located next to Roanoke County property zoned for commercial use. Mr. Price asked if there were comments from the audience. There being none, Mr. Talevi asked Mr. Carter if he could amend his proffer to call for a "site" plan instead of a "concept" plan. Mr. Carter said he had no problem making that amendment. Mrs. Dorsey gave the staff report and noted that staff had sound that the area was logical transition between the various uses in the area. Mr. Bradshaw asked if the County had been notified of the rezoning request. Mrs. Dorsey responded that they had been notified and had no concerns. E. Second amended petition to rezone was filed on September 6, 1991. The following revised conditions were proffered by the petitioner. 1. That the property will be subdivided as shown on Exhibit A and will be developed in substantial conformity with the site plan attached to this Petition for Rezoning as Exhibit B, subject to any changes required by the City during comprehensive site plan review. That if the property is not utilized for a commercial flower shop within three years from the date of final zoning approval and no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to RS -31 Single Family Residential District without further action by City Council. II. Issues: Zoning of the subject property is RS -3, Residential Single Family District. The surrounding zoning is as follows: to the north is Roanoke County zoning designation B -2, Business District; to the east and south is RS -3, Residential Single Family District; to the west is LM, Light Manufacturing District; and C -2, General Commercial District. Land use of the subject property is unoccupied, residential structure. Surrounding land uses in the area are as follows: to the north and east and south are vacant, undeveloped tracts of land; to the west are various highway commercial businesses and the entrance to Roanoke Center for Industry and Technology. C. Utilities are available and adequate. Storm drainage concerns and any other engineering Problems will be addressed and resolved during comprehensive development plan review. D. Access to the site is from the adjoining public street, U.S. Route 460 (Orange Avenue). The City Traffic Engineer has stated that the proposed use of the property and respective traffic generation would have no adverse impact on Orange Avenue. The directional flow of the traffic utilizing the site would be addressed during comprehensive site development plan review. Screening would be required along the entire eastern and southern property boundaries which adjoins a residentially zoned area. Such adequate buffering requirements will be addressed during comprehensive site plan review. F. Neighborhood organizat'on is the Wildwood Civic League. The planning office was notified by their president in writing after the Planning Commission meeting that they did not have any problem with the request and that is why no one attended the meeting. G. Comprehensive Plan recommends that: I. Neighborhood character and environmental quality be protected. 2. Commercial development is carefully evaluated to ensure minimal conflict with residential areas and promote good land use. III. Alternatives: A. City Council approve the rezoning request. I• Zoning of the subject property would be C -2, General commercial District. 2. Land use would become a commercial flower shop. 3. utilities are available to the site and are of adequate capacity to serve the proposed development of the property. All engineering and drainage concerns would be addressed and resolved during comprehensive development Plan review. 4. Access to and from the site can be safely provided by orange Avenue. No traffic impacts are anticipated from the proposed use of the property as a commercial flower shop. 5. Screening will be required along the entire eastern and southern property boundaries contiguous to both residentially zoned areas as a result of comprehensive site development Plan review. 6. Neighborhood realizes that this area along Orange Avenue is not suitable for residential development and that a florist shop would be in keeping with the surrounding nonresidential uses. 7. Comprehensive Plan issues as set forth would be followed. B. City Council deny the rezoning request. 1. 2o_ ning would remain RS -3, Residential Single Family District and the proposed development of the property would not be permitted nor would it occur. 2. Land use would remain vacant, undeveloped property. 3. Utilities would be unaffected. 4. Access would not be an issue. 5. Screening would not be required. 6. Neighborhood would remain unchanged. 7. Comprehensive Plan issues as set forth could be followed at a later date. IV. Recommendation: By a vote of 6 -o (Mr. Buford absent), the Planning Commission recommended approval of the requested rezoning. The rezoning is a logical extension of the more intensive, highway oriented commercial uses to the south and west of the subject property. Furthermore, the rezoning of this site for the specific purpose of a florist shop would provide a transitional buffer area and less intensive nonresidential use between the highway traffic and more intensive commercial land uses to the potential residential areas to the east. Respectfully submitted, Charles A. Pr'ce, Jr., Chairman Roanoke City Planning Commission JRM:EDD:mpf attachments CC. Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner sec�l•+Er. OTY j/ ' " Own r =v snow" A9:14 IN THE COUNCIL OF THE CITY OF ROANOKZ, VIRGINIA IN RE: Rezoning of a tract of land lying ) in the City of Roanoke and being ) AMENDED described as a Division of 0.477 ) PETITION acres and 4.653 acres, creating new ) i2 TO Tract "A" 2.000 acres and located ) REZONE on U.S. Route 460 (Orange Ave., N.E.) ) from RS -3, Single Family Residential ) District to Commercial District (C -2) ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: I 1. The Petitioner, Evelyn L. Gish, owns land in the city + of Roanoke, Virginia, containing 2.000 acres, located on U.S. Route 460 (Orange Ave., N.E.) and identified as a combination of Tax No. 7110106 and Tax No. 7110122 and being a division of 0.477 acres and 4.653 acres, and creating new Tract "A" 2•.000 acres and new Tract "B" 4.653 acres as shown on a plat prepared for Evelyn L. Gish by Jack G. Base, Certified Land surveyor, dated July 1, 1991 and attached hereto as Exhibit A. Said tract is currently zoned RS -3, Single - Family Residential District. 2. Pursuant to Section 36.1 -690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that said Property, containing 2.000 acres and identified as new Tract "A" on the aforesaid plat, be rezoned from RS -3, Single Family Residential District to Commercial District (C -2), subject to certain conditions set forth below, for the purpose of operating a commercial flower shop. 3. The Petitioner believes the rezoning of the said tract 1 urea m )SPOPNE pf .xoRE wgMN of land will further the intent and purposes of the city,, Zoning Ordinance and its comprehensive plan, in that it will allow a commercial business in a generally commercial area. I 4. The Petitioner hereby proffers and agrees that if the said tract is rezoned as re quested that the rezoning � t 4 will be subject to, and that the Petitioner will abide by, the following conditions: A. That the property will be subdivided as shown on Exhibit A and will be developed in substantial conformity with the site plan attached to this Petition for Rezoning as Exhibit E, subject to any changes required by the City during comprehensive site plan review. E. That if the property is not utilized for a commercial flower shop within three years from the date of final zoning approval and no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to RS -3, Single Family Residential District without further action by city Council. Attached as Exhibit C 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 requests that the above - described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 31st day of July, 1991. 2 Respectfully submitted, By: / &� f� Of Counsel Claude D. Carter, Esquire Carter, Brown & Osborne, P.C. p.0. BOX 13206 Roanoke, VA 24032 (703) 982 -0234 Evelyn L. cisb Evelyn L. Gish 3659 Orange Ave., N.E. Roanoke, VA 24017 n a, enohtl eowu a . EXHIBIT q _ rN. a.e� caa.+,; -T-• I" �N a.uap _ l %�- R Tn-CV �oF MOUO^c o.NO JO.B Nl'Cy C OF TMI• p,p µ1 'a. ._�� 'v' ElePn.uT P.r_,f -_N RGpJ• Ep NOT Cr 5 r s� -fl•' `ss �c^ aG�d� � 51 Q PCS 1 f O° OaY Ye iY _ , 5 •� `- _ z o00 "saes ° f' Jr` SY_ • I d� 4 �NtW T¢gpT .p` 6 O+ 4 Joe \ r \d 9 0411 s.c ue _ 1' Wt 1y 1110�pG- ��" B1 ,S X44_• ;d.�.. � a._. 3.190 scnpS x'17 -Sm Y NEW TML B W aN n s Z� 90 „j i 00 9� ( 0 0 t W � �•0 .,. J Y' LOT I..S r Q1sodc tir . ° 7 y. o eo N ' n N, i t14( „ I J„a , �Eyd °1.1\o`Os � • • 0alud.QY OJCQJISY.TC� 00.14tN e.>tisyKEO PT MMTH lA6T I 0 90ppppp 1211 x ex491s1 12x0114 9 sxlc.li[ pL54 }4p 4 Seeb itl s 6 451 {Ae1 ilY" Wa'. 4 4111 Ws_ i +ell. I fpm. CYITNM " t14( (`D,h H E O [. FRANCE Oh^ A 1A1T OF 1114,1 I O✓ cAIJ 0IO ORANGE t of -f T Lir ROANON L�/OCATIO s�wxnu , cc�F�ixrE �i� c of A X0. MOUNiAlN+ x L�/OCATIO s�wxnu , cc�F�ixrE �i� c of A X0. v _ R I� IVIO pL, v� ZOMINGP6 rup6mo rem R4.1 TO GZ (wmo)_ "Ina, o.. 6 . - - CONDIT6 ne -O • '1 \I V Bf6J I �4 mx � jar Q aIM ;a e�m w N r�llo ..L 0 0. AL ~I...' /�O /LV _L J O l / /O/OJ p�tn R 1:7_ �. —. (— 1 0 N M •aid �o .r, —^ - - -� �eee 5 u: �O e� Np� F �N `y� � �. �Y s� I ' a 9 �. —. (— 1 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Roam 456 Roanoke. V rgmu 24011 Telephone' (7(13)981 -2571 MARY F. PARKER SANDRA H. EAWN Go Clerk September 30, 1991 De IyOrytkrk File 351 Mr. Claude D. Carter, Attorney P. O. Box 13206 Roanoke, Virginia 24032 Dear Mr. Carter: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your client, Ms. Evelyn L. Gish, that a tract of land located on U. S. Route 460 (Orange Avenue, N. E.) containing 2.000 acres, identified as a combination of Official Tax Nos. 7110106 and 7110122, be rezoned from RS -3, Residential Single Family District, to C -2, General Commercial District, subject to certain conditions proffered by the petitioner. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, October 14, 1991, at 7:30 p.m., In the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am enclosing ropy of a notice of the public hearing providing for the rezoning, which notice was prepared by the City Attorney's Office. Please review the notice and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981 -2431. Questions Path regard to the Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981 -2344. Sincerely, XN, ftA g Mary F. Parker, CMC /AAE City Clerk MFP: ra PUBLIC3 Enc. Pc: Mr. & Mrs. Joel J. F.wen, 3645 Orange Avenue, N. E., Roanoke, Virginia 24012 Investors Savings Bank, P. O. Box 36666, Richmond, Virginia 23235 Mr. David H. Luther, at als, c/o Industrial Gas & Supply, P. O. Box 960, Bluefield, Virginia 24701 Mr. Claude D. Carter September 26, 1991 Page 2 PC: Mr. & Mrs. G. L. Boone, c/o Boone and Company, P. O. Box 8614, Roanoke, Virginia 24014 Ms. Nancy G. Creasy, et als, c/o Mr. T. L. Plunkett, Co- Executor, 300 Shenandoah Building, Roanoke, Virginia 24011 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. Charles A. Price, Jr. , Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals 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 /Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation RU NUMdnR - 9252S2d REG 'aEI P(JULISHkR -S FI L - L111. 10 CITY f,i r I CLAUDF 0 CARTLN, ATTY P ❑ BU% 13206 ROANUKE VA 24032 TF OF VIRGINIA Y OF ROANUKt AFFIDAVIT CF PUBLICATION :. ITHE UNDERSIGNED) AN AUTHORIZED IESFNTATIV, GF THE TIMES -WORLU COR- iT10N, WHICH CORPORATION I5 PUBL:SHER -HE ROANUKE TIMES C WLALD -NEWS. A .Y NEWSPAPER PUBLISHED IN RUANOKE, IN STATE OF VIRGINIA. 00 CERTIFY THAT ANNE %c0 NOTICE WAS PUBLISHED IN SAID :PAPERS ON THE FOLLOWING DATES 09/27/91 MORNING 6 EVENING 10/04/91 HORNING C EVENING iSS. `T}vl'. .17TH -DAY OF OCTOBER 1991 /- -- --- -- ---I - l'__'-___ —hf AUTFOKIZtD SIGNATURt ?I OCT 14 Ail :28 NOTICE OF PUBLIC HEARINC TO WHOM IT MAY CONCERN: Pursuant to the provio-.ions 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, October 14, 1991, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning from RS -3, Residential Single Family District, to C -2, General Commercial District, the following property: A 2.0 -acre tract of land located on U.S. Route 460 (Orange Ave., N.E.), sa;.d tract being, the result of a subdivision of two parcels, bear;.ng O£licial Tax Nos. 7110106 and 7110122, such rezoning to be subject to cer- tain proffered conditions. A copy of this proposal is avi.ilable for public in:,pection 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 2,rh day of Septe,[,er , 1991. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, September 27, 1991, and once on Friday, October 4, 1991, in the Roanoke Times S World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Mr. Claude D. Carter, Attortey P. O. Box 13206 .oanoke, Virginia 24032 MARY F. PARIMR Qty Ckrk CITY OF ROANOKE OFFICE OF THE CPFY CLERK 215 Chinch Avenue, S.IY.. Room 456 Roanoke. Virginia 24011 Telephone (703)9642541 September 6, 1991 File #51 Mr. Charles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia Dear Mr. Price: SANDRA H. EAIDN Depue Cny Qeek Pursuant to Section 36.1 - 690(x) of the Code of the City of Roanoke (1979), as emended, 7 am enclosing copy of a third amended petition from Mr. Claude D. Carter, Attorney, representing Ms. Evelyn L. Gish, requesting that a tract of land located on U. S. Route 460 (Orange Avenue, N. E.), containing 2.000 acres, identified as a combination of Official Tax Nos. 7110106 and 7110122, be rezoned from RS -3, Residential Single Family District, to C -2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, 11-N ^11�y4. -P" Mary F. Parker, CMC /AAE City Clerk MFP: re REZONE3 Enc. Pc: Mr. Claude D. Carter, Attorney, P. O. Box 13206, Roanoke, Virgin, 24032 Mr. John R. Marlles, Agent /Secretary, City Planning Commission Mr. Ronald H. Muter, Building Commissioner /Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney h1ARr F. PARKER City Ck k CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Awnuq S.W.. Room 156 Roanoke, YUg�n�a 21011 Telephone (703)981 -2511 August 22, 199 File #51 Mr. Charles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia Dear Mr. Price: SANDRA H. FARiN Dowry Cay Clerk Pursuant to Section 36.1- 690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Mr. Claude D. Carter, Attorney, representing Ms. Evelyn L. Gish, requesting that a tract of land located on U. S. Route 460 (Orange Avenue, N. E.), described as a division of 0.477 acre and 4.653 acres, creating new Tract A, 2.000 acres, being a combination of O.'ficlal Tax Nos. 7110106 and 7110122, be rezoned from RS -1, Residential Single gamily District, to C -2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC /AAE City Clerk MFP:sw Enc pc: Mr. Claude D. Carter, Attorney, P. O. Box 13206, Roanoke, Virginia 24032 Mr. John R. Marlles, Agent/ Secretary, City Planning Commission Mr. Ronald H. Miller, Building Commissioner /Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney E" E1q.V11 oonrv� x. xc �w RECD" FO CITY CLF . rF CF IN THE COUNCIL OF THE CITY' OS..ROANOXE.,4BVIRGINIA IN RE: Rezoning of a tract of land lying Y44 ) in the City of Roanoke and being ) AMF'NDED described as a Division of 0.477 ) PETITION acres and 4.653 acres, creating new ) TO Tract "A" 2.000 acres and located ) REZONE on U.S. Route 460 (Orange Ave., N.E.) ) from RS -3, Single Family Residential ) District to Commercial District (C -2) ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioner, Evelyn L. Gish, owns land in the City of Roanoke, Virginia, containing 2.000 acres, located on U.S. Route 460 (Orange Ave., N.E.) and identified as a combination of Tax No. 7110106 and Tax No. 7110122 and being a division of 0.477 acres and 4.653 acres, and creating new Tract "A" 2.000 acres and new Tract "B" 4.653 acres as shown on a plat prepared for Evelyn L. Gish by Jack G. Bess, Certified Land Surveyor, dated July 1, 1991 and attached hereto as Exhibit A. Said tract is currently zoned RS -3, Single - Family Residential District. 2. Pursuant to Section 36.1 -690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that said Property, containing 2.000 acres and identified as new Tract "A" on the aforesaid plat, be rezoned from RS -3, Single Family Residential District to Commercial District (C -2), subject to certain conditions set forth below, for the purpose of operating a commercial flower shop. 3. The Petitioner believes the rezoning of the said tract 1 aarowx onvE, ,x mow. of land will further the intent and purposes of the Cityls Zoning Ordinance and its comprehensive plan, in that it will allow a commercial business in a generally commercial area. 4. 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: A. That the property will be subdivided as shown on Exhibit A and will be developed in substantial conformity with the concept plan attached to this Petition for Rezoning as Exhibit B, subject to any changes required by the City during comprehensive site plan review. B. That if the property is not utilized for a Commercial C -2 use as a commercial flower shop within three years from the date of final zoning approval and no building permit has been issued and no construction commenced within 3 Years from the date of final zoning approval, the zoning shall revert to RS -3, Single Family Residential District without further action by City Council. Attached as Exhibit C 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 requests that the above - described tract be rezoned as requested in accordance with the Provisions of the Zoning ordinance of the City of Roanoke. Respectfully submitted this 31st day of July, 1991. Claude D. Carter, Esquire Carter, BroWn S Osborne, P.C. P.O. Box 13206 Roanoke, VA 24032 (703) 982 -0234 Evelyn L. Gish Evelyn L. Gish 3659 Orange Ave., N.E. Roanoke, VA 24017 K 5n BORNE, �C. JNE Y4 w Re5 ectfuull1/y�, Submitted, Oi Counsel RBPOaN KMNE R E NMMM CITY RECEIVED r- O FD CE IN THE COUNCIL OF THE CITY OF RbAlkkil f1kARNIA IN RE: Rezoning of a tract of land lying ) in the City of Roanoke and being ) described as a Division of 0.477 ) PETITION acres and 4.653 acres, creating new ) TO Tract "A^ 2.000 acres and located ) REZONE. on U.S. Route 460 (Orange Ave., N.E.) ) from Rs -1, Single Family Residential ) District to Commercial District (Cp2) ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: I. The Petitioner, Evelyn L. Gish, owns land in the City of Roanoke, Virginia, containing 2.000 acres, located on U.S. Route 460 (Orange Ave., N.E.) and identified as a combination of Tax No. 7110106 and Tax No. 7110122 and being a division of 0.477 acres and 4.653 acres, and creating new Tract °A" 2.000 acres and new Tract "B" 4.653 acres as shown on a plat prepared for Evelyn L. Gish by Jack G. Bess, Certified Land Surveyor, dated July 1, 1991 and attached hereto as Exhibit A. Said tract is currently zoned RS -1, single - Family Residential District. 2. Pursuant to Section 36.1 -690, code of the City of Roanoke (1979), as amended, the Petitioner requests that said Property, containing 2.000 acres and identified as new Tract ^A" on the aforesaid plat, be rezoned from HS -1, Single Family Residential District to Commercial District (C -2), subject to certain conditions set forth below, for the purpose of operating a commercial flower shop. 3. The Petitioner believes the rezoning of the said tract 1 of land will further the intent and purposes of the city" Zoning ordinance and its comprehensive plan, in that it will allow a commercial business in a generally commercial area. 4. 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: A. That the property will be subdivided as shown on Exhibit A and will be developed in substantial conformity with the concept plan attached to this Petition for Rezoning as Exhibit B, subject to any changes required by the City during comprehensive site plan review. E. That if the property is not utilized for a Commercial C -2 use as a commercial flower shop within three years from the date of final zoning approval and no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to RS -1, Single Family Residential District without further action by City Council. Attached as Exhibit C 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. FernwH WHEREFORE, the Petitioner requests that the above_ described tract be rezoned as requested in accordance with the provisions of the Zoning ordinance of the City of Roanoke. Respectfully submitted this 15'/S E day of July, 1991. 2 Respectfully submitted, By: F / Of Counsel IIClaude D. Carter, Esquire Carter, Brown i Osborne, P.C. P.O. BOX 13206 II Roanoke, VA 24032 II (703) 982 -0234 II Evelyn L J I 3659 Orange Ave., N.E. Roanoke, VA 24017 0. BNOIVN gRM1L GC. R MiM I'lal��IA �J I,•Iv� �Im ��� a nN �v „9Y o4`r 4 VG' I I I I I � r21 I lol , 1 I I � t I 00111 I 1 I lad 10 i 1 I I 1 1 1 1 e�G a 6 y °1a �e Y aZ. a —1 pZ� z N '`F m �> a Z m v_ y _ G q y nN �v „9Y o4`r 4 VG' I I I I I � r21 I lol , 1 I I � t I 00111 I 1 I lad 10 i 1 I I 1 1 1 1 e�G a 6 y °1a �e Y aZ. a —1 pZ� z N '`F EXHIBIT B CONCEPT PLAN NOT TO SLLE ,C-M71_OY�l. YJ 6- GFi° -e;r. _ qua ;s •. '•�/ BRA: 5 / Exhibit c Names and Addresses of Adjoining property owners - Gish Petition to Rezone 1. Joel J. Ewen 3645 Orange Ave., N.E. Roanoke, vA 24012 Tax Map MO.: 7110105 2. Investors Savings Bank P.O. Box 36666 Richmond, VA 23235 Tax Map NO.: 7110125 3. David H. Luther, et als C/o Industrial Gas i Supply Co. P.O. Box 960 Bluefield, N. VA 24701 Tax Map NO.: 7110126 4. City Of Roanoke Blue Hills Drive, N.E. - Roanoke, VA 24012 Tax Map NO.: 7210107 5. City of Roanoke Route 460 Roanoke, VA 24012 Tax Map NO.: 7160102 6. G.L. and Joanne B. Boone c/o Boone and Company P.O. Box 8614 Roanoke, VA 24014 Tax Map No.: 7160106 7. Adjoining County Land Owner: Nancy G. Creasay, at als C/o T.L. Plunkett, Jr., CO- Executor 300 Shenandoah Building Roanoke, VA 24011 Tax Map NO.: 50.01 -1 -1 \ \ \ \ \ \ ` � � \ \ \ \ \ � \ 46 � \ � \ ew �� � ?3 �. `�0 \ \ \ \ � i \ \ \ 99� \ \ /�/ • � \ � � o��.d s� 0 3pQO \ \ \ o 3 N N O _ \ H \ .0 9� m�a ' /'�O n (" «i ^� Ot N ' Ai �O.pp � p _T � u u V p _ ;, � a 6` u m Ovm - b m w �^ �, V d �N �Q\ 6, \ ` � � � \ � � � � \, � � � \ � � \ \ � � REC'A'" CITY C C TO THE CITY CLFRR OF TIO CITY OF ROANOII, VIRGINIA PERTAINING TO THE REZONING OF, Ti AUG27 A8 :53 Roque ,t from Evelyn L. Gish, raprnsantcd by Claude D. ) Carter, that a tact of land 10caLed 0n U.S. Route 4601 1110106 andn 713 122'Ee arecaonvd frsoniHHEC,a3Re� dentiel)n1.V1T Single Fam.'y Glatt 'ec, to C -2, General Cummcrm el ) D1BLricl, such rezoning to be vobject In certain ) conditions proffered by the petitioner. ) CONNOMWEALTH OF VIRGINIA) CITY OF ROANOKE ) TO NIT The affiant, Martha Para Franklin„ first being duly sworn, States that she is secretary to the Secretary of the city of Roanoke Planning Commiss :on, and as Such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1 -341, Code of Virg.nia, (1950), ea amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first -claea mail on the 26th day of August, 1991, notices of a public hearing to be held on the 4th day of September, 1991, on the rezoning capt,.n.d above to the owner or agent of Lhe parcels llste� below at their last known addresat Parcel OWal -, Am Of o- Oo t Ad!.... 7110105 Joel J. Ewen 3645 Orange Avenue, NE Roanoke, VA 24012 7110125 Investors Savings Bank P. O. hex 36666 920, rot est Hill Ave. Richmond, VA 3235 7110126 David H. Lothar, ¢t a1s P. O. Box 960 c/o induatrlN Da 6 Supply Bluefield, VA 24701 111 Alabama, Streot Bristol, TN 37620 7160106 G. L and Joanne B. Boone P. O. Box 8614 C/O Boone and Company Roennkc, VA 24014 Roanok¢ Nancy G. Creasey, at ale 300 Shenandoah Bldg. County c/a, T. L. Plunkett, co -exec. Roanoke, VA 24011 �fha Pace Franklin -- SUBSCRTBED ARU SWORN to before me, a Notary Public. In the C,ty of Roanoke, Virgfnla, this 26th day of August, 1991. Wiz_ -�_ - "- Notary Public fxhibi(_C lo_Rczmiin«A�]hlic ligg_ Concept l'I'm Althou -,h the attached Conceptual Site Plan is not beinr. proffered as part of the wnmg amendment, it does identify the 0.17 acre parcel subject to this rcmnini, . amendment and depicts the easement area to be conveyed to 3675 Orange Avenue, LLC, the adjacent property owner. (117WA/M 1, 146. q X, ) CONCEPTUAL SITE PLAN FOR 3675 ORANGE AVENUE CAR WASH KEY OTY COMMON NgME BOTANICAL NAME SIZE PLANING HT REMARKS 14 RED MAPLE ACPR RUBRUM 2' CAL 8' HELL BRANCHED 64 LEYLAND CUPRESSDCYPARIS % CYPRESS t£YLANDI 5 GALLON 6' HELL BRANCHED B 42 DWARF JAPrWSE HOLLY ILA' CRENATA N/A 2' NLL PI T COVER SHEET CAR WASH CONCEPTUAL PLAN 1115 M M1a I: .@ PA. I. A0.1H21. GIAY. RS9 OiMiAY. )AIYM / T N Ml1lY.Z YA z zam m LA.Aa,. m. 1 91E Ib 9µ(f GpypL plpaNS G'm U5 /MI' IBb MM ASY mAIAF AY. A LOt ZMAG MpyAMN AA..1 raaAaa ma aNNaA¢ - rm n r 1LTGl LOa AttNIA(£ - Im,P9 fI RL1R ASA RA 1IJ _ SO AA NLLYEO 0.01 ACNAL (1Sm j%0.5p Sf SVERM:IaS mMRA(Y - BS( YA{' AL z A ( - �ss ACUU ua sa%%v sh Y19Aax PRmb d mn - m mm. aes ivcw o' NrgfR LWIfS _ O' mF. - IY npa fl PANVaO gEp/ab - I /yRN1- pAY - I SEgNS BAV Y5 s 1.PA2S .Hpb 1 PAPNN'0 ppJKa) - N. FAQS Rp1[YD N AIfAPAWL6 AYA fl 1qF CWRV- ili wvl Mib � %059Stl1� &Htl4 - NMLIIT � IT.TA4�IIM1114' -IQffi5g airxiav em a-A, nr a A�irrA"mDaun 70 ;4 / / / / I ow W, wr ]Lpll %A dSlR w UY LOLAO xA aYK ez wcwi 2A �cas 0 ON AwmxT oxxn Ryxa¢ an ml w= I EXISTING LOT INFORMATION I50 30 __ m `60 p0 RAM owlvW GAR WASH COXGEPTUAL PLAN PRGI M 3CU91 13 mw 96]5 ORANGE AVENUE pMKH BY: mom 26F4 / / V / A l• 1 1 / � l 1 vm*'a mmm� IM hurt ____ r�ous wt ____ errwc we oir oml �u O ® AV YM� mm m MW me mw.r[s xu«vx awrc N M G/!JT 6`30 0 60 X20 3 0F4 1 ROANOKE COUNTY AV l /l ZONED: C -2 7' / USE COMMERCIAL L I, ' l 8" LANDSCAPE DU TER / BUFFER ROANOKE COUNTY (LANDSCAPE BYPASS LANE _ _ 367_5 ORANGE AV / ^L - - - - - - - - - - - TM,f7110106 STREET STACKING LANE ZONED: CG SCREEN - / - - - USE.' VACANT / CAR DETAILING USE ONLY - - - _ 2,16 ACRES CAR DETOING USE ONLY O GREEN AREA O / 3,700SOFT q0' KIDE PRIVATE CARWASH - �, INGRESS/EGRESS ` ® ♦ EASEMENT FOR SHARE 4 : BYPASS LANE F j 1 ENTRANCE DRIVE / S BETWEEN AND I T M# 11 106 2 SHARED PRIVATE ENTRANCE COXLEPT "YOU TP P 1�111d /141VI ® CAR WASX COXLEPTUAL PLAN 30 '5 1E aiB 9675 ORANOE AVENUE ��� o 30 60 a00etn _ ROANOKE CRY, VIRGIxm °'°" "`' ^ " "' "` MiANNRR.MLM 40F4 Exhibit D to Fir,t Amendment to Rezoning Am ndm nt Anolicafon Prepared by: Whitlow & Youell, PLC 28A W. Kirk Avenue Roanoke, VA 24011 Tax Map Number: 7110122 Grantee's Address: THIS DEED is made this day of April, 2016, by and between VIAMAC, INC., a Vir inia corporation ( "Cr :rotor'), and 36750RANGE AVENUE, LLC, a Virginia limited liability company ("Grantee'). WITNI SS FTH THAT FOR AND IN CONSIDERATION of the sum ofTLN DOLLARS (510.00), cash in hand. paid by the Grantee to the Crania. and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby barfain, sell, rrant and convey with General Warranty and Modem Enlish Covenants of Tile unto the Grantee that certain real property with the improvements Iher n and the appurtenances thereunto bclongine, ly.ng and being in the City of Roanoke, Virginia, and more particularly described as follows, to -wit: [That certain parcel containing .017 acre as shown on that certain plat prepared by dated , a copy of which is attached hereto (the "Plat "). Together with that certain easement described as as shown on the Plat.] This Deed is subject to all easements, reservations, restrictions and conditions of record affecting the hereinebove described property. t rrsa /.,rNm!uu.D=j I To have and to hold said parcel of real property, together with all easements and appurtenances belonging thcmto, unto the Gmnlee, its successors and assigns forever. WITNESS the following signature and seal: GRANTOR: Viamac, Inc. By: Victor I . i o0 Its: President STATE OF CITY /COUNTY OF The foregoing instrument was acknowledged before me this day of April, 2016, by Victor F. Fall, President of Viamac, Inc. on lick If of the corpomlion. Notary Public My Commission Expires: Re@istm tion No. avW i/nona1 taacoca I Exhibit E to Fint Amendment to Rezoning Amendment Anolication Proffered Conditions Viamac, Inc. and 3675 Orange Avenue, LLC hereby request that all the proffered conditions enacted by Ordinance 36712 - 060704 and all the proffered conditions enacted by Ordinance 30727- 102191 be repealed as they pertain to, respectively, Official Tax Map Nos. 7110122 and 7110106, and that the following proffered condNons be adopted as they pertain to Official Tax Nos. 7110106 and 7110122: That properties shall only be used for the following uses: PERMITTED USES: Hotel or motel Business service establishment, nor otherwise listed in the table in Section 36.2 -315 Financial institution Laboratory, dental, medical or optical Laboratory, testin., and research Medical clinic Office, general or professional Animal hospital or veterinary clinic, no outdoor pens or runs Funeral home Mixed -use building Bakery, confectionary or similar food production, retail Buildini: supplies and materials, retail Car wash, not abutting a residential district Contractor or tradesman's shop, geneml or special trade Dry cleaning and laundry pick -up station Gasoline station General service establishment, not otherwise listed in the table in Section 36.2 -315 Internet sales establishment Laundromat Motor vehicle rental establishment, without inventory on site Nursery or greenhouse, commercial Personal service establishment, not otherwise listed in the table in Section -6.2 -315 Pet grooming Retails sales establishment, not otherwise listed in the table in Section 36.2 -315 Eating establishment Eating and drinking establishment not abuttin4 a residential district Health and fitness center Day care center, adult Day care center, child Educational facilities, elementary/middle/secondary Fire, police, or emergency services Government offices or other government facility, not otherwise listed in the table in Section 36.2 -315 Training facility for police, ire, or emergency services Ivru /;t/umstev.taa;r t Broadcasting studio or station Wireless telecommunications facility, stealth SPECIAL EXCEPTION USt S: Car wash, abutting a residential district Forting and drinking establishment, abutting a residential district 2. The properties shall be served by a single entrance from Orange Avenue and only one entrance is permitted. 3. The owners of the properties shall provide and maintain landscaping between paved areas and Orange Avenue, N.E., meeting the requirements of Table 648 -1 Parkins Area Landscaping Standards, Street Frontage Buffering Materials of the Roanoke City Zoning Ordinance. 41�1. AFFIDAVIT APPLICANT: Vlamac, Inc., and 3675 Orange Avenue, LLC LOCATION: 3659 Orange Avenue, NE, and 3675 Orange Avenue, NE Tax Nos. 7110122 and 7110106 REQUEST: Request to Repeal Conditions proffered as Part of Rezonings 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 agog da of / . 2016, notices of a public hearing to be held on this 7 �* day of 011. , 2016, on the request captioned above to the owner or agent of the parcels as set out on the attached. if- s Tina M. Carr SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 2rday of .2016. DARRYpL LT WiY CPUHILr D RRG[S COMMONAMTH O RtUStMRON #7626165 Z MY COMMI6510N IXpIRES The Roanoke Times Roanoke, Virginia Affidavit of Publication STEPHANIE MOON, CITY CLERK 215 CHURCH AVE, SW. SUITE 456 ROANOKE, VA 24011 Account Number 6011439 Uate May 03, 2016 Date Category Deso"Ption Ad Size Total Cost 0510412016 Legal Notices PUBLIC HEARING NOTICE The City of Roanoke Planning Cc 1 x 169 L 1 611.26 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 T was published in said newspapers on the following dates: 04126,05/0312016 The First insertion being given... 04/27/2016 Newspaper reference: 0000303319 Billing Representative Sworn to and subscribed before me this Tuesday, May 3, 2016 c sue`.' norm•; i otary u li ; ti ; FUCLiC State f Virginia ? * ; E- G..332064 City/County of Roanoke a 01 L f My Commission expires 2W ZA F c I THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE The City of Roanoke Planning Commission public hearing Invertked herein will be held In the TOO Conference Room, Room 159, First Floor Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Please note that tAh is a change Fn location by the May, 2016, primary, Commission public hearing only The City 0t Roanoke Planning Commission Nir hard public records on May 9, 2016, at 130 p.m., or as soon as the mats... may be heard. to consider these applications and reguesYSr Application by Viumaq Inc., and 3675 orange Avonue ILC. m repeal conditions proferea part of razor at 3659 Orange Avenue, N.E.. and 3675 Orange Avenue, N.E., bearing Oftldal To, Map Nos_ 7110122 and 7110106, respectively. The conditions biacer upon 3659 Orange Avenue, N.E. by the adoption of Ordinance 36712 - D M, on June 7, 2004, that are proposed tar repeal limit the uses of the pmpedy to partwlar a and regplre that me first a uses the property be a restaurant mgr the property brme(UOarbcut on Orange Avenue serving the anybody: limit the certain am0u by and century Of landscaping in chain locations', antl unit the number of parking spaces on the careers, located between the Mce of any building and Orange Avenue is 25Y of the total number of parking spaces rnthe property_ 11, your On, Placed upon 3615 Orange Avenue, N the adoption of Ordinance 30221- 102191 on October 21, 1993, Mat arc ,,apomtl for repuul Include subdivision and aeveiopmenr of the property as shown on the site plan proffered and limiting the use of the property to a ondvial flower shop be irlons proposed for adoption Inner the uses of the properties to particular uses, require that roe pmpedics be AvenuC The zoning of the pmpertles n CG, Commercial 6e1oral ,111 strict, aenothng these lard u raregory, mpdatirns era group riving, commercial. unusual emay and entertainment inuen institutional and community facilities, transportation. utility agricultural and msury wnh n almam Tensity e[ lied and , m m goer area rate of 5A the comp nhen,st plan designates Me pmpertles for turmoil e. hot do,, nor p^ciq drop, The patios d C, IDe property located at 3675 Orang, . Avenue. NF., is a car wash. Tina M. Carr, Secmhry. City planning Commission City Council will hold public bearings on the aforesaid applications and matters on May 16, 2016 at 1'.00 par, or as the matters may be heard, lu the City Council Chamber fourth floor, Room 450, Noel C. Taylor Municipal Building. 215 Church Avenue, 5 W_, Nou nokq Virginia Any person with a disability re........ any special sccommudnPon to attend or repriced, In the pearl,,, humid ,on tactthe City Biek', office at (510) 8534511 It least five days prior tothe scheduled hearing. Stephanie M_ Moon Reynolds. MMC. City CICM The City of primary Board of zoning Appeals will hold public bearings no May 11, 2016, #1'.W p.m.. or as soon as the matters may be court to consider these applications: Application by Ban Nentscrts, on behalf of ARK Properties, "Cr far properly located at 735 Patterson Avenue. Sky. bearing Offiaal Tax No 1112310 zoned O. Downtown Distinct, for a .pe;lal C,,option pursuant to Section 362315, zone, code of me City of games, (1979) s amendedtu Permit a contractor or tradesman's shop, general or special bade on the property Application filed Oy Valerie Brown for property located at 3424 Orange Avenue, N bearing Official Tax No 7150103, zoned C6, Commercial -large Site District. for a special a x ception pursuant m Section by 315,zoning, Cade of the City of Roanoke (1919), as amended. to pernil an eating and drink,., e,uh ithnni nN r,wm r residential distrd Application from Malt Prescott, behalf of Prescott Properties IC, for property located It Hari Avenue, 5 W -, bearing Official Tax Map Net 1231502 and 12315,3, Zoned pro I Residential Mixed proud, fora specie xception pursuant to Section 362311. I code of the city of Roanoke (1979). as amended, to estabu,h 3 dwelling townhouse or ro'xhouse. Application card by Shama Nakar or property reach at 1121 chapeau Avenue S.W., bearing Official Tan No 1222503 , Toed RM -L Residential Mood Density District for a special ,scratch ..uam m Section 362au, rs Zoning Code of the City of Roanoke 11979. a ...orI I, pnW m a homenay esaotitbmem application us.d by Nn, An, a 1, property hr,dad at 1138 Montmsc Avenue, BE, boron, Offers Tax No 4122119. zoneo RM I, R sde0bal Mixrd banki ty Distrct for a smcim I creation pursunrl to 5,11on 36_2 -Ill. zoning, Code of Ne airy of Roanoke (1979), as amended to permit a humesray establishment, Tiro M. Carr. Secm.arw City Board of Zoning Appeals (303311, PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE The City of Roanoke Planning Commission public hearing advertised herein will be held in the EOC Conference Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Please note that this is a change in location for the May, 2016, Planning Commission public hearing only. The City of Roanoke Planning Commission will hold public hearings on May 9, 2016, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications and requests: Application by Viamnac, Inc., and 3675 Orange Avenue, LLC, to repeal conditions proffered as part of rezonings at 3659 Orange Avenue, N.E., and 3675 Orange Avenue, N.E., bearing Official Tax Map Nos. 7110122 and 7110106, respectively. The conditions placed upon 3659 Orange Avenue, N.E, by the adoption of Ordinance 36712 - 060704, on June 7, 2004, that are proposed for repeal limit the uses of the property to particular uses and require that the first use of the property be a restaurant; limit the property to one (1) curb cut on Orange Avenue serving the property; limit the number of freestanding signs serving the property to two; require the stormwater detention facility on the property be underground; require a certain amount and density of landscaping in certain locations; and limit the number of parking spaces on the property located between the face of any building and Orange Avenue to 25% of the total number of parking spaces on the property. The conditions placed upon 3675 Orange Avenue, N.E., by the adoption of Ordinance 30727 - 102191 on October 21, 1991, that are proposed for repeal include subdivision and development of the property as shown on the site plan proffered and limiting the use of the property to a commercial flower shop. The conditions proposed for adoption limit the uses of the properties to particular uses, require that the properties be served by a single entrance, and require landscaping between portions of the property to be paved and Orange Avenue. The zoning of the properties will remain CG, Commercial- General District, permitting these land use categories: accommodations and group living; commercial; industrial; 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 5.0. The comprehensive plan designates the properties for general commercial use, but does not specify density. The proposed use of the property located at 3675 Orange Avenue, N.E., is a car wash. Tina M. Can, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications and matters on May 16, 2016, at 7:00 p.m., or as soon as the matters may be heard, in the City Council Chamber, fourth Q) S'rLPBANIE M. MOON REYNOLDS, MM(' City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephru,: (540)853 -2541 Fas: (541)8534145 E -mnil: elerk(nlraan.keva.,u Parkway Wesleyan Church, Inc. 3675 Orange Avenue, LLC Viamac, Inc. SJK Global, LLC The National Bank of Blacksburg Alisa D. Brawley ABS Properties, LLC Dennis K. and Susan W. Brown Shirley B. Stanton Ladies and Gentlemen: April 27, 2016 CECELIA F. MCCOY Deputy City ('R, k CEC ELI AT. WEBB,CMC Assistant Depnly CiD Clerk Geraldine Dooley Sink Jones Family Trust Winston V. and Bette B. Simmons Evington Homeowners Association, LLC Christy D. Scott Patricia J. Wolters Gary R. and Doreen E. Gray Elsie B. Trent Life Estate A public hearing has been advertised to be heard by the City Planning Commission on Monday, May 9, 2016 at 1:30 p.m., in the EOC Conference Room, Room 159, 1st Floor, 215 Church Avenue, S. W., regarding a request from Viamac, Inc. and 3675 Orange Avenue, LLC, to repeal conditions proffered as part of rezonings at 3659 Orange Avenue, N.E., and 3675 Orange Avenue, N.E., bearing Official Tax Map Nos. 7110122 and 7110106, respectively. Also, pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing regarding the abovementioned matter has been scheduled to be heard before the Roanoke City Council Monday, May 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 party 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. Adjoining Property Owners /Interested Parties April 27, 2016 Page 2 Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Stephanie M. Moon Reynolds, `MMC City Clerk Enclosure c: Victor F. Foti, President, Viamac, Inc. and 3675 Orange Avenue, LLC, c/o C. Cooper Youell, IV, 28A Kirk Avenue, S. W., Roanoke, Virginia 24011 Tina Carr, Secretary, City Planning Commission e CITY OF ROANOKE a OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telepl (540)853 -2541 1 Fax: (540) 853 -1145 STEPHANIE M. MOON REVNOLDS, MM( F ,nail: eierk(n)roapoke...... CECELIA F. MCCOV City Clerk Deputy City Clerk CECELIAT. WEBB, CMC May 18, 2016 Assistant Deputy Cit, Clerk Maureen McNamara Best, Executive Director Local Environment Agriculture Project, Inc. P. O. Box 3249 Roanoke, Virginia 24015 Dear Ms. Best: 1 am enclosing copy of Ordinance No. 40515- 051616 exempting from personal property taxation certain personal property located in the City of Roanoke and owned by Local Environmental Agriculture Project, Inc., an organization devoted exclusively to charitable or benevolent purposes on a non -profit basis, effective July 1, 2016. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016; and is in full force upon its effective date. Sincerely, Stephanie M. Moon ynolds, MMC City Clerk Enclosure c: The Honorable Sherman Holland, Commissioner of the Revenue The Honorable Evelyn Powers, City Treasurer Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Cameron, Director of Finance R. B. Lawhorn, Budget Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of May 2016. No. 40515- 051616. AN ORDINANCE exempting from personal property taxation certain personal property located in the City of Roanoke and owned by Local Environmental Agriculture Project, Inc., (LEAP), an organization devoted exclusively to charitable or benevolent purposes on a non- profit basis; providing for an effective date, and dispensing with the second reading of this Ordinance by title. WHEREAS, LEAP, (hereinafter "the Applicant "), has petitioned this Council to exempt certain personal property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on May 16, 2016; WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by Council; WHEREAS, the provisions of subsection C of Section 58.1 -3651, Code of Virginia (1950), as amended have been satisfied with respect to exemption of personal property by classification; and WHEREAS, the Applicant agrees that the personal property to be exempt from taxation is a 2006 Ford van and a 2010 Victory Trailer, and such other after acquired personal property, which shall be used by the Applicant exclusively for charitable or benevolent proposes on a non- profit basis. K:IMecanocsu o, Exempt PP Local Environmental ASricnlhne Prgem, In, ILE") 5 16 16 doa THEREFORE, BE IT ORDAINED by the Cornet of the City of Roanoke as follows: 1. Council classifies and designates Local Environmental Agriculture Project, Inc., (LEAP), as a charitable, religious, or benevolent organization within the context of Section 6(a)(6) of Article X ol'the Constitution of Virginia, and hereby exempts from personal property taxation current personal property and any future personal property acquired and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non- profit basis; continuance of this exemption shall be contingent on the continued use of the personal property in accordance with the proposes which the Applicant has designated or classified in its application. 2. This Ordinance shall be in full force and effect on July 1, 2016. 3. The City Clerk is directed to forward an attested copy of this Ordinance to the Commissioner of the Revenue, the City Treasurer, and to Maureen McNamara Best, Executive Director, Local Environmental Agriculture Project, Inc. 4. Pursuant to the provision of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk, K'.WieasumslTwr E.er"( PP Local EnvimnmGLLnl AgriculN¢ Project, Inc, (LEAP)5 1616.doc eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 16, 2016 Subject: Personal Property Tax Exemption Request - Local Environmental Agriculture Project, Inc. (CM16- 00056) Background Local Environmental Agriculture Project, Inc. (LEAP), a Virginia, non - stock, not - for- profit corporation owns and uses certain personal property located at 1327 Grandin Road S.W., Roanoke. The organization desires that its current personal property, as well as any personal property hereinafter acquired, be designated and classified as exempt from personal property taxes pursuant to the provisions of the Code of Virginia. LEAP is a local organization whose mission is to nurture healthy communities and resilient local food systems. It works closely with its community partners, farmers, and the broader community to meet this mission. LEAP programs include LEAP Community Markets (West End and Grandin Village), LEAP Mobile Market, SNAP Double Value Program and The Kitchen. The organization's current personal property consists of a 2006 Ford Cutaway Van (VIN #1FDXE45pl6HA20972) and a 2010 Victory Trailer (VIN #1 V9BE1212AR175157). At the time the petition was submitted, annual personal property taxes on the vehicles were $256.65 on a total assessed value of $7,439. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non - profit organizations for tax exemption of certain property in the City by Resolution 36331 - 051903, with an effective date of January 1, 2003. Based on this policy and procedure, LEAP has provided the necessary information required for applications for exemptions that would take effect July 1, 2016. As noted above, the assessed value of the personal property at 1327 Grandin Road, S.W. is currently $7,439. The annual personal property taxes due are $256.65. The organization is current on its taxes. The City would be foregoing the personal property tax revenue from the organization going forward. The organization would continue to pay the license tax charges. The Commissioner of the Revenue, Sherman Holland, has determined that LEAP is currently not exempt from paying personal property taxes by classification or designation under the Code of Virginia. The IRS recognizes the organization as a 501(c)(3) tax - exempt organization. Notification of a public hearing to be held May 16, 2016, was duly advertised in the Roanoke Times. Recommended Action Adopt an ordinance that will grant LEAP an exemption from personal property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, and Section 58.1 -3651, Code of Virginia (1950), as amended, effective July 1, 2016, for its current personal property and its after - acquired personal property to the extent that such property is used for the charitable purposes of LEAP. & -- Christopher P. Morrill City Manager Distribution: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Council Appointed Officers R. Brian Townsend, Assist. City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director of Management and Budget Maureen McNamara Best, Executive Director, LEAP CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suitt, 456 Roanoke, Virginia 24011 -1536 'I'clephaae: (540)853 -2541 Faa: (54(1)853 -II45 S UPnANII'. M. MOON REYNOLDS, MM(. L -mail alerk(nn'annokeva'8O4 CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. W EDD, CMC April 8, 2016 Assistant Depnly City Clerk Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am attaching copy of a petition from the Local Environment Agriculture Project, Inc. (LEAP), a Virginia non - stock, not - for -profit corporation, dated April 4, 2016, which was filed in the City Clerk's Office on Thursday, April 7, 2016, requesting exemption from taxation of personal property located at 1327 Grandin Road, S. W., and 1210 Patterson Avenue, S. W., pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date of July 1st. Petitions forwarded by October 15 will have an effective date of January 1 st. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Attachment PC: Maureen McNamara Best, Executive Director, Local Environment Agriculture Project, Inc. (LEAP), P. O. Box 3249, Roanoke, Virginia 24015 The Honorable Sherman A. Holland, Commissioner of the Revenue Daniel J. Callaghan, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Administrator LOCAL LEAP r\N- Po nox 3249 ENVIRONMENTAL Roanoke A 24015 AGRICULTURE 540s39.6266 PROJECT www.lcapforlocalfood.org April 4, 2016 Stephanie M. Moon Reynolds Office of the City Clerk 215 Church Avenue SW Suite 456 Roanoke VA 24011 Re: Tax exemption petition for Local Environmental Agriculture Project Inc. (LEAP) Stephanie M. Moon Reynolds, LEAP would like to be considered for personal property tax exemption with the City of Roanoke. I met with R.B. Lawhom in November 2015 to discuss the process. It was determined that my earlier email correspondence (October 2015) with Melissa Dales of Commissioner of Revenue Office (request and reply) can be considered as LEAP's letter of request to the Commissioner and response from the Commissioner. Please see attached email correspondences for additional information. LEAP does not own any real estate in the City of Roanoke. We are requesting exemption for personal property tax. LEAP submitted our inventory 2015 personal property assets (see attached) and we are awaiting our 2015 tax bill. Even though LEAP has been in operation since 2009, we had limited programs and property until 2015. LEAP acquired a vehicle in 2015 to run our LEAP Mobile Market. The vehicle is a Ford Cutaway Van, 2006 Ford Van VIN 1 FDXE45pl 6HA20972. We also have a trailer, 2010 Victory Trailer, VIN I V9BEI 212ARI 75157. LEAP's office is in the shared co- working space in the CoLab (1327 Grandin Road). Starting in late April 2016, LEAP will also work out of The Kitchen (1210 Patterson Ave), where we will rent space from The West End Center. Our personal property is located at these locations. LEAP's mission is to nurture healthy communities and resilient local food systems. We work closely with our community partners, farmers, and the broader community to meet this mission. LEAP supports all aspects of local food systems in order to create healthy communities that can respond and adapt to meet community needs. LEAP programs include LEAP Community Markets (West End and Grandin Village), LEAP Mobile Market, SNAP Double Value Program and The Kitchen. All of our personal property is directly tied to our mission and our programs. Thank you for your time and consideration. Sincerely, Maureen McNamara Best LEAP Executive Director Attachments: Written request (via email) for exemption Response (via email) for exemption Confirmation (via email) that email request considered initial request Personal Property Exemption petition 2014 Tax statement LEAP 5016 letter 2015 personal property asset list 414!2016 LFAP Mail - Personal Prapxty Tax P ompti on for nonprofit Lmal Environmental Agriculture Project GMi Maureen McNamara <maureen @leapforlocalfood.org> Personal Property Tax Exemption for non - profit Local Environmental Agriculture Project Maureen McNamara Best <maureen @leapfodocalfood.org> Mon, Oct 12, 2015 at 3:30 PM To: melissa.dales @roanokeva.gov Melissa, Thank you for your time today. On behalf of Local Environmental Agriculture Project (LEAP), I am writing to ask about the process for LEAP to be exempt from personal property tax for the organization. We are a 501c3 organization (IRS letter attached). Our account information for the City of Roanoke Personal Property Tax is Account Name: Local Environmental Agriculture Project Account Number 6-617292323 Please let me know if you need any additional information. Thank you, Maureen Maureen McNamara Best Executive Director LEAP for Local Food 540.339.6266 maureen @leapforlocalfood org www.leapforlocalfood. org in LEAP 5010lefter.pdf 574K Mica //mail. googlecomlmal /UM -2aik= 8ga508c %78 view =pi q= RB. lawhorn %4Wmnokeva.gcv&gs= tr�earcf qu yry sg= 1505d8842l9 lc&siml =... 1/1 A/El2016 LEAP Mail- Perserul Property Tax Exempii onfer na+profit Local Environmental Agri culture Project G6.J a Maureen McNamara <maureen @leapforlocalfood.org> a i:�x�3k Personal Property Tax Exemption for non - profit Local Environmental Agriculture Project Melissa.Dales @roanokeva.gov <Melissa.Dales @roanokeva.gov> Wed, Oct 28, 2015 at 10:12 AM To: Maureen McNamara Best <maureen @leapfodccalfood.org> Cc: RB.Lawhom @roanokeva.gov Ms. Best, Although a 501(c)(3) status does exempt you from some taxes through the IRS, it does not automatically exempt you from all taxes. Based on Virginia State Code 58.1- 3600 -3666, Local Environmental Agriculture Project is not exempt by designation or classification for real estate or personal property tax. Although your organization is not automatically exempt by State Code for local taxes, you may apply to the City of Roanoke to be considered as an exempt entity for real estate and /or personal property tax. The exemption application and process is handled through the Department of Management and Budget by Mr. R. B.Lawhom. I am including Mr. Lawhom in our correspondence. Please let either of us know how we may be of assistance. I hope this is helpful. Please let me know if you have any questions. Sincerely, Melissa Melissa Lucas Dales Tax Compliance Auditor Commissioner of the Revenue's Office City of Roanoke 215 Church Avenue SW, Room 251 Roanoke, VA 24011 Phone: (540) 853 -2524 Fax: (540) 853 -1115 The contents of this message are legally privileged and confidential under Ttle 58.1 -3 Code of Virginia and all other applicable laws. This message is intended only for the use of the individual or entity in which it is addressed. If the reader of this message is not the intended recipient or the employee or the responsible agent for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is prohibited. Franc Maureen McNamara Best <maureen@leapfotlooalfoorl.org> To melisca,dales @manokeva.gov. Dote 10/26/201511 61 AM Subject Personal Property Tax Exemption fornon -proirt Local Environmental Agriculture Project [0uoted text hidden] LEAP 501c3 lefter.pdf M tFS:// mailgoogle. comhnal /&QNIi= 28ik= 8ga508c86]8vie - pt&q= RB.LawrprnY 4Q- oanokeva. gov8 gs=( rue8searcrr- query 8ms¢i50aecb1b0ad154]8siml =... 1/2 M42015 LEAP Mail- Persmal Prorany Tax Eaempim to n ,arofit LOCal Ewironmmtal Agriculture Prgmt GMimi Maureen McNamara <maureen @leapforlocalfood.org> ,G,xrr}k Personal Property Tax Exemption for non - profit Local Environmental Agriculture Project RB.Lawhorn @roanokeva.gov <RB.Lawhorn @roanokeva.gov> To: Maureen McNamara Best < maureen @leapfodocalfood.org> Cc'. RB.Lawhom @roanokeva.gov Hi Maureen, I exchanged some emails with Melissa Dales and our City Attorney regarding our conversation Monday involving the tax exemption request. It was concluded that the email trail below between you and Melissa can serve as your request to the Commissioner of Revenue's Office for the personal property tax exemption and their response that your organization is not exempt by designation or classification. As such, you will not need to send a formal letter to their Office and then receive a formal response back from them. You can instead proceed with submitting the petition to City Council that we discussed yesterday and include the emails below as part of your documentation. You will still want to include the other documents we discussed and that are outlined in the checklist I gave you. Since the deadline for submission is not until April 15th of 2016, you indicated you may hold off until after the first of the year, perhaps until your organization purchases the kitchen equipment we discussed. When you are ready to submit the documents, please feel free to contact me with any questions you may have at that time on the process. Thanks. — R. B. — Forvarded by RB Lawhorn /Employees /City_ of Roanoke on 11/10/2015 11:57 AM — From: Melissa Dales /City_of_Roanoke To: Maureen McNamara Best <maureen @leapfodocalfood.org >, Cc: RB Lawhom/ Employees /City_ of Roanoke @City_of_Roanoke Date: 10/28/2015 10:12 AM Subject Re: Personal Property Tax Exemption for non - profit Local Environmental Agriculture Project [Quotad text hidden] www leapforocalfood.org [attachment "LEAP 501c3 letter.pdf' deleted by RB Lawhom/ E mployees /City_of_Roanoke] Wed, Nov 11, 2015 at 8:18 AM httre:llmail 9oogye.coml mail /WN?ui= 28ik= 8ea508ce678 view= plBFRB.I han %/Uwd a. gwB qs= Tmeearclr- guery8sg =150kd2bb15968W8siml =l... 1/1 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: Ia. Your Petitioner, a Virginia, non - stock, not for profit corporation owns certain real property, located at in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID # , with a total assessed value of $ and a total of $ in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1 -3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes in (Describe proposed use of real property, !f applicable.) be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. (if requesting exemption for personal property, complete section Lb) lb. Your Petitioner, Local Environmental Agriculture Project Inc. a Virginia, non - stock, not for profit corporation owns certain personal property, located at 1327 Grandin Rd in the City of Roanoke, Virginia, with a total assessed value of $ 7,439 and a total of $ 256.65 in personal property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of See. 58.1 -3651, of the Code of Virginia, as amended, in order that the referenced personal property, to be used exclusively for charitable and benevolent purposes in order to meet our mission to nurture healthy communities and resilient local food (Describe proposed use of personal property, if applicable.) be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20 %) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this exemption continues. 3. Your petitioner acknowledges and agrees that it will immediately notify both the City of Roanoke Commissioner of the Revenue and the City of Roanoke Treasurer in writing in each instance when the property, or any portion thereof, is being leased to a third party and provide the City with a copy of the fully executed lease. Your petitioner agrees to include a provision in all leases of the property that such third parties shall be responsible for paying the City applicable leasehold taxes that may be assessed by the City. Petitioner acknowledges that if the foregoing conditions are not met, the City reserves the right to terminate the tax exempt status of the property. 4. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 5. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954 on September 9 2009 (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): No. 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): No q. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services. (A): No 5, (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it 'nrreasPS access to (Describe the public service) healthy, local food; provides incentives to encourage healthy behavior changes nrogtiii economic development 6 (t1J o nitl'es for mall business s t1J P Whether a so stanual part of t activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): No. _ (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): No. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): No. 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): (Provide as necessary). Note: All tax exemption petitions submitted for consideration by City Council must be filed with the City Clerk's Office. THEREFORE, your Petitioner, Local Environmental Agriculture Project Inc respectfully requests to the Council of the City of Roanoke that this real or personal property, or both, of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing 0000rtunities to meet our mission to nourish healthy communities resilient local food systems (Repeat proposed use of property). Respectfully s11ubmitting this day T, 2014. By: President LEAP Tax Exemption Request RB Lawhorn to: maureen Cc: Stephanie Moon, RB Lawhorn Dear Maureen, 05/0312016 12:16 PM Local Environmental Agriculture Project, Inc. (LEAP) filed a petition in the City Clerk's Office on April 7, 2016 requesting exemption from taxation on personal property located at 1327 Grandin Road, S.W. The personal property is identified as a 2006 Ford Cutaway Van and a 2010 Victory Trailer. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing if it wishes to consider a petition for a tax exemption. At a regular session of the Roanoke City Council held on Monday, May 2, 2016, the Council approved a request of the City Manager to hold a public hearing on Monday, May 16, 2016, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments on the request. Notices of a public hearing with regard to the matter will be published in the Roanoke Times. Your organization will be billed for the amount incurred for publishing the notices. That cost is expected to be approximately $315. I am attaching an initial draft copy of a Council Report dated May 16, 2016, from the City Manager's Office addressed to the Mayor and Members of City Council regarding the petition. Although we are recommending authorization for exemption from personal property taxation on the current property as well as any personal property hereinafter acquired, please be advised that the final decision with regard to the exemption rests with City Council. Council will also consider citizen comments from the public hearing. It is suggested that you be present at the public hearing on May 16th to respond to questions that may be raised regarding the petition. The session will be held in the City Council Chambers, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. You may wish to register with City Clerk staff at the desk outside Council Chambers immediately prior to the public hearing. If you have any questions regarding this information, please feel free to call or email me. Sincerely, R. B. Lawhorn, Jr. Budget Administrator Dept. of Management & Budget 215 Church Ave., Suite 357 Roanoke, VA 24011 Phone #: 540 - 853 -1643 Email: rb.lawhorn@roanokeva.gov j LEAPTaxExemptCouncilRpt.doc The Roanoke Times Roanoke, Virginia Affidavit of Publication I de GI rY OF ROANi wvcL G IA11— n MUNICIPAL BUILDING 215 CHURCH AVENUE, SW, ROOM 456 Account Number 6049826 Dale May 05, 2016 Date Category Description Roanoke Times, a daily newspaper published in Roanoke, in the Ad Size Total Cost 05/11/2016 Municipal Notices NOTICE OF PUBLIC HEARING Notice is hereby given that th 1 x 53 L 311.68 NOTICE OF PUBLIC HEARING Publisher of the Roanoke Times thereby gioen that the c r the say of Roanoke wnl 1 I, (the undersigned) an authorized representative of the hem °g n 16Mav pl INTe3ais. or . °r Roanoke Times, a daily newspaper published in Roanoke, in the ens at o id—. In the a..dF uTq lF r,, )hamber. deh poor, Noel o. State of Virginia, do certify that the annexed notice NOTICE OF uracnial auilmng, u5 Chorch : 0LG15R+A1lGN nlo. the .i the PUBLIC HEARING was published in said newspapers on the P aiEvande.ii ovrgmaa id adopllon or a raio 19050 `asamdeaeed. do-Vi rd following dates: Personal property The total assessed vmne or me for °II`a�vear 3015 is r$1.1Ja OO Pere or one venue, a 3006 Ford v and . 2010 Victory Trailer, with a total personal property taw ii ent or 5356 d5 for Ine 2015 tax IRRI. Clothes than have the o be heard and eyin— that o1hl on N ttes is ma o 11 ran are a person with a maabmt5 eeda ropommndanona mr t public Vernon, t, hZe the CIy Clerk's unk, 64,1853 251L by 13:00 noon an TM1Ursda1. May 12, 2011 GIVEN under my hand thrs 2m day o1 blow. tepdaole M. Moon Reynolds. Ctry Clerk 05/05/2016 The First insertion being given ... 05/05/2016 Newspaper reference: 0000308408 ^_ r B inngg Representative Sworn to and subscribed before me this Thursday, May 5, 2016 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU Notary Public a..dF uTq lF r,, Go 6. State of Virginia : 0LG15R+A1lGN nlo. City/County of Roanoke _? 7049823 My Commission expires VIRG' p�OTARY PUO� THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU MM NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on May 16, 2016, commencing at 7:00 p.m., in the Council Chamber, 4ih Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, V irginia on the question of adoption ofan ordinance pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended, approving the request of Local Environmental Agriculture Project, Inc., a nonprofit organization for designation and classification of its personal property, located at 1327 Grandin Road, S.W., Roanoke, Virginia as exempt from taxation, mud such after acquired personal property. The total assessed value of the applicant's current personal property for tax year 2015 is $7,439.00, and consists of one vehicle, a 2006 Ford van and a 2010 Victory Trailer, with a total personal property tax assessment of $256.65 for the 2015 tax year. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, (540)853 -2541, by 12:00 noon on Thursday, May 12, 2016. GIVEN under my hand this 2nd day of May, 2015. K o.11C0., I!111 ECEN ... 911...E PP 6A, 51E U Stephanie M. Moon Reynolds, City Clerk. PLEASE PUBLISH ONCE IN THE LEGAL ADS, ROANOKE TIMES, ON THURSDAY, MAY 5. 2016. Send Publisher's Affidavit to: Stephanie M. Moon Reynolds, MMC, City Clerk City of Roanoke Noel C. Taylor Municipal Building Room 456 215 Church Avenue, S.W. Roanoke, VA 24011 540 - 853 -2541 °®' Maureen McNamara Best Executive Director Local Environment Agriculture Project, Inc. (LEAP) P. O. Box 3249 Roanoke, Virginia 24015 540- 632 -1360 r }" CITY OF ROANOKE OFFICE OF'1'HE CITY CLERK 215 Chat ch Avenue, S. W., Room 456 '+^ Roanoke, Virginia 24011 -1536 'Telephone: (540)853 -2541 Fnx: (5411)853 -1145 SI LI'IIANIE M. MOON REYNOLDS, MMC F. -nwil: clerk(nrtnnnnkevagnv CE('ELlAF.MCCOY City• ('lerk Delmry City Clerk CECELIA T. WEBB, CMC Assistant Deputy Cib Clerk May 18, 2016 David C. Perry, Executive Director Blue Ridge Land Conservancy 722 First Street, S. W. Suite L Roanoke, Virginia 24016 Dear Mr. Perry: I am enclosing copy of Ordinance No. 40516- 051616 exempting from personal property taxation property owned by Blue Ridge Land Conservancy located at 722 First Street, S. W., which property is used exclusively for charitable or benevolent purposes on a non - profit basis. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016; and is in full force and effect on July 1, 2016. �S'i_nncere�ly, ^ V/j�'"U�h Stephanie M Moon Reynolds, MM- City Clerk Enclosure c: Sherman Holland, Commissioner of the Revenue Evelyn Powers, City Treasurer Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Linda Pharis, 2219 Lincoln Avenue, S. W., Roanoke, Virginia 24015 rid IN THE COUNCII, OP TIII CC[y OP ROANOKH, VIRGINIA, The 16th day of May, 2016. No. 40516 - 051616. AN ORDINANCE exempting hont personal property taxation certain personal property located in the City of Roanoke and owned by Blue Ridge [,and Conservancy, an organization devoted exclusively to charitable or benevolent purposes on a non -profit basis; providing for an effective date, and dispensing with the second reading of this Ordinance by title. WHEREAS, Blue Ridge Land Conservancy, (hereinafter "the Applicant "), has petitioned this Council to exempt certain personal property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on May 16, 2016; WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by Council; WHEREAS, the provisions of subsection C of Section 58.1 -3651, Code of Virginia (1950), as amended have been satisfied with respect to exemption of personal property by classification; and WHEREAS, the Applicant agrees that the personal property to be exempt from taxation is a 2007 Toyota Prins and such other after acquired personal property, which shall be used by the Applicant exclusively for charitable or benevolent purposes on a non -profit basis. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: I. Council classifies and designates Blue Ridge Land Conservancy, as a charitable, religious, or benevolent organization within the context of Section 6(a)(6) of Article X of the K: 1Meastiesffax 9x111'pt PP Mile Ridge Land Conservancy 5 16 16 .doc Constitution of Virginia, and hereby exempts from personal property taxation current personal property and any future personal property acquired and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non -profit basis; continuance of this exemption shall be contingent on the continued use of the personal property in accordance with the purposes which the Applicant has designated or classified in its application. I This Ordinance shall be in full force and effect on July 1, 2016, I The City Clerk is directed to forward an attested copy of this Ordinance to the Commissioner of the Revenue, the City Treasurer, and to David C. Perry, Executive Director, Blue Ridge Land Conservancy, 4. Pursuant to the provision of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: K vaeasuresATae ErGnpr PP Blue Ridge Land Conservancy 5 16 1 b lee City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 16, 2016 Subject: Personal Property Tax Exemption Request - Blue Ridge Land Conservancy (CM16- 00055) Background Blue Ridge Land Conservancy, a Virginia, non - stock, not - for - profit corporation owns and uses certain personal property located at 722 First Street, S.W., Suite L., Roanoke, Virginia. The organization desires that its current personal property, as well as any personal property hereinafter acquired, be designated and classified as exempt from personal property taxes pursuant to the provisions of the Code of Virginia. Blue Ridge Land Conservancy is a Roanoke - based organization whose mission is to conserve rural and agricultural land in the Roanoke region through the use of permanent conservation easements. Blue Ridge Land Conservancy has worked with the City of Roanoke to permanently protect Carvins Cove Natural Reserve and Mill Mountain Park from excess development through conservation easements held by the Blue Ridge Land Conservancy. The organization's current personal property consists of miscellaneous office equipment and one vehicle, a 2007 Toyota Prius (VIN #JTDKB20U477555696). At the time the petition was submitted, annual personal property taxes on the equipment and vehicle were $324.20 on a total assessed value of $9,397. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non - profit organizations for tax exemption of certain property in the City by Resolution 36331- 051903, with an effective date of January 1, 2003. Based on this policy and procedure, Blue Ridge Land Conservancy has provided the necessary information required for applications for exemptions that would take effect July 1, 2016. As noted above, the assessed value of the personal property at 722 First Street, S.W., Suite L is currently $9,397. The annual personal property taxes due are $324.20. The organization is current on its taxes. The City would be foregoing the personal property tax revenue from the organization going forward. The organization would continue to pay the license tax charges on the vehicle. The Commissioner of the Revenue, Sherman Holland, has determined that Blue Ridge Land Conservancy is currently not exempt from paying personal property taxes by classification or designation under the Code of Virginia. The IRS recognizes the organization as a 501(c)(3) tax - exempt organization. Notification of a public hearing to be held May 16, 2016, was duly advertised in the Roanoke Times. Recommended Action: Adopt an ordinance that will grant Blue Ridge Land Conservancy an exemption from personal property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, and Section 58.1 -3651, Code of Virginia (1950), as amended, effective July 1, 2016, for its current personal property and its after - acquired personal property to the extent that such property is used for the charitable purposes of the Blue Ridge Land Conservancy. ristopLe_r_P_-_M_o_rr_i1_I City Manager Distribution: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director of Management and Budget David C. Perry, Executive Director, Blue Ridge Land Conservancy CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 '1'el,honc (540)853 -1541 F.,: (540) 853 -1145 S'lEPIIANIF. M. MOON REVN01OS, MM(. E -mail: de,'k(n4onnokevn.guv City ('lerk April 4, 2016 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: CECIAAA F. MCCOV Oepnty City Clerk CI?CFILIA'r. WEBB, CMC Anutant Oepnty Chy Clerk I am attaching copy of a petition from the Blue Ridge Land Conservancy, a Virginia non - stock, not - for - profit corporation, dated March 31, 2016, which was fled in the City Clerk's Office on Monday, April 4, 2016, requesting exemption from taxation of personal property located at 722 First Street, S. W., Suite L, pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date of July 1st. Petitions forwarded by October 15 will have an effective date of January 1st. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Attachment PC: David C. Perry, Executive Director, Blue Ridge Land Conservancy, 722 First Street, S. W., Suite L, Roanoke, Virginia 24016 The Honorable Sherman A. Holland, Commissioner of the Revenue Daniel J. Callaghan, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Administrator BOARD OF TRUSTEES March 31, 2016 Linda W. Pharis Stephanie M. Moon Reynolds, MMC President Office of the City Clerk Betty H. Lesko 215 Church Avenue SW President -Elect Suite 456 Roanoke, VA 24011 -1536 F. Fulton Galer Treasurer Dear Ms. Reynolds, Whitney H. Feldmann Please find enclosed a petition from the Blue Ridge Land Conservancy, a 501(c)(3), Secretary Virginia non -stock corporation located in the City of Roanoke, for exemption from C. Whitney Brown personal property taxes. Frank G. Carter Diana K. Christopulos Our office sent a request for determination of personal property exemption status to Stephen M. Claytor Commissioner of the Revenue Sherman Holland on November 18, 2015. We received M. Rupert Cutler correspondence by e-mail from Melissa Dales in the Commissioner of the Revenue's Thomas M. Dunkenberger, Jr office on November 25, 2015 clarifying that the Blue Ridge Land Conservancy is not Broaddus C. Fitzpatrick exempt from personal property taxes at this time. Joshua C. Gibson Quinn F. Graeff Include with this packet are: William M. Hackworth . a copy of our letter to the Commissioner; Anne M. Jennings George A. Kegley • the e-mail response from the Commissioner's office; Nelson W. Lafon • the Blue Ridge Land Conservancy's 501(c)(3) determination letter; . a copy of our most recent personal property tax bill; ADVISORYCOUNCIL . an inventory listing of personal property assets; • and the year, make, model and VIN of our motor vehicle. Lucy R. Ellett Liza T. Field Talfourd H. Kemper Should you require any additional information from us before this petition is brought to Robert B. Lambeth,Jr. City Council, please do not hesitate to call me at 985 -0000 or e-mail me at Jeanne M. Martin dperry@blueridgelandconservancy.org. STAFF Thank you for your attention to this matter. David C. Perry Executive Director Sincerely, Meagan R.Cupka Project Manager Deborah Ullmer Office Manager David C. Perry Executive Director Erica Reed Outdoor Educator GU."o 722 First Street SW, Suite L Roanoke, VA 24016-4120 Phone /Fax (540) 985 -0000 www .blueridgelandconservancy.org 016 ` Promoting the conservation ofwestern Virginia's natural resources--forms, forests, waterways, and rural landcopes VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: Ia. Your Petitioner, a Virginia, non - stock, not for profit corporation owns certain real property, located at in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID 4, with a total assessed value of $ and a total of $ in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1 -3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes in (Describe proposed use of real property, if applicable.) be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. (if requesting exemption for personal property, complete section Lb) lb. Your Petitioner, Blue Ridge Land Conservancy, a Virginia, non - stock, not for profit corporation owns certain personal property, located at 722 First St. SW Suite L in the City of Roanoke, Virginia, with a total assessed value of $9.397 and a total of $324.20 in personal property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1- 3651, of the Code of Virginia, as amended, in order that the referenced personal property, to be used exclusively for charitable and benevolent purposes in conserving agricultural and rural land in the City of Roanoke and the surrounding region; helping to maintain and sustain the City's drinking water. local environment. scenic beautv and numerous industries important to the City, including agriculture forestry, outdoor recreation and tourism; protecting the outdoor and natural amenities that attract new businesses and emplovees to the Roanoke region; educating schoolchildren in the re ion on the importance of conservin ,, land and water through cooperative educational programs with Roanoke City Schools and other local school districts; and providing enjovable and educational programs for the general public in the Roanoke region, be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20 %) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this exemption continues. 3. Your petitioner acknowledges and agrees that it will immediately notify both the City of Roanoke Commissioner of the Revenue and the City of Roanoke Treasurer in writing in each instance when the property, or any portion thereof, is being leased to a third party and provide the City with a copy of the fully executed lease. Your petitioner agrees to, include a provision in all leases of the property that such third parties shall be responsible for paying the City applicable leasehold taxes that may be assessed by the City. Petitioner acknowledges that if the foregoing conditions are not met, the City reserves the right to terminate the tax exempt status of the property. 4. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 5. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: 1. (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954 on March (no day given). 1997. 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): No (not applicable). (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): No. q, (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services. (A): No earnings inure to any private individual. A significant portion of the service provided by the organization is generated by funds received from donations, contributions 63.9 percent of revenue in FY 2015, or $119,008.79. came from donations/contributions. A small number of local state and private grants ($6.302.37) were received in FY 2015. 5. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it protects land and water in perpetuity for the benefit of the citizens of Roanoke and the Commonwealth of Virginia, provides educational programs for children in cooperation with Roanoke City Schools and surrounding school districts, and offers educational programs for the general public 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): An insubstantial part of the activities of the organization involves influencing legislation pertinent to land and water conservation as allowed by IRS regulations for 501(c)(3) non - profits. The organization does not participate in nor intervene in any political cml)aipn of any kind per IRS regulations pertaining to 501(c)(3) non -profit organizations. (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): No. g. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): No. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): The Blue Ridge Land Conservancy further provides a service to the Citv of Roanoke by holding and enforcing conservation easements on Carvins Cove Natural Reserve and Mill Mountain Park These properties provide valuable water recreational scenic and tourism resources for the City of Roanoke The Blue Ridge Land Conservancy, at no charge to the City of Roanoke monitors these properties annually and will do so in perpetuity to ensure that these assets will continue to perform their intended services for the City of Roanoke. Note: All tax exemption petitions submitted for consideration by City Council must be filed with the City Clerk's Office. THEREFORE, your Petitioner, Blue Ridge Land Conservancy, respectfully requests to the Council of the City of Roanoke that this real or personal property, or both, of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing protection of land and water in perpetuitv for the benefit of the citizens of Roanoke and the Commonwealth of Virginia educational programs for children in cooperation with Roanoke City Schools and surrounding school districts; and educational programs for the general public (Repeal proposed use ofproperm). RespectIvIly Sul bantling this I day, 20-(&. BY: .' ;:: zrj (/L/CC�P / VICLiQS President BLUE RIDGE L A N D C O N S E R V A N C Y ADVISORY COUNCIL The Blue Ridge Land Conservancy does not own any real property. It owns the following types of business personal property: one motor vehicle, desks, chairs, Lucy R. Ellett Liza T. Field computers, shelving, filing cabinets and other property typical of a small (2.5 FT E, H. Kemper F7 E, $200,000 annual revenue) non - profit organization. Robert B. Lambeth, Jr. Jeanne M. Martin Thank you for your consideration of this determination. If you have any STAFF questions, please do not hesitate to contact me at (540) 985 -0000 or by e-mail at dpercy @blueridgelandeonservancy.org. David C. Perry Executive Director Sincerely, Meagan R. Cupka ,Intl' ❑J� Project Manager �- Crystal P. Pair David C. Perry Olficeassistont Executive Director AEO, Q 722 Firs[ Street SW, Suite L Roanoke, VA 24016 -4120 Phone /Fax (540) 985 -0000 www.bluerldgelandconservancyorq p�' Promoting the conservation of western Virginia's natural resources -- farms, forest; waterway; and rural londmpes November 18.2015 BOABDOFTRUSTEES Sherman A. Holland Linda W. Phans Commissioner of the Revenue President City of Roanoke Betty H. Lesko 215 Church Ave. SW Room 251 President -Elect Roanoke. VA 24011 F. Fulton Galer Treasurer Whitney H. Feldmann Dear Mr. I lolland, Secretary I am writing to request a determination of whether the Blue Ridge Land C. Whitney Brown Conservancy is eligible for personal property tax exemption status by Frank G. Carter Diana K. Christopulos classification or designation under the Code of Virginia. Stephen M. Claytor M. Rupert Cutler The Blue Ridge Land Conservancy is a Virginia non -stock corporation founded in Thomas M. 1996 and located in the City of Roanoke. It is designated a 501(c)(3) charitable Dunkenberger,Jr organization by the Internal Revenue Service and is exempt from Virginia sales Broaddus C. Fitzpatrick Joshua C. Gibson tax. The mission of the organization is to conserve mum it and agricultural land in Quinn F. Graeff the Roanoke region through the use of permanent conservation easements. The William M. Hackworth land conservancy has worked with the City of Roanoke to permanently protect Anne M. Jennings George A. Kegley Carvins Cove Natural Reserve and Mill Mountain Park from excess development Nelson W. Lafon through conservation easements held by the Blue Ridge Land Conservancy. ADVISORY COUNCIL The Blue Ridge Land Conservancy does not own any real property. It owns the following types of business personal property: one motor vehicle, desks, chairs, Lucy R. Ellett Liza T. Field computers, shelving, filing cabinets and other property typical of a small (2.5 FT E, H. Kemper F7 E, $200,000 annual revenue) non - profit organization. Robert B. Lambeth, Jr. Jeanne M. Martin Thank you for your consideration of this determination. If you have any STAFF questions, please do not hesitate to contact me at (540) 985 -0000 or by e-mail at dpercy @blueridgelandeonservancy.org. David C. Perry Executive Director Sincerely, Meagan R. Cupka ,Intl' ❑J� Project Manager �- Crystal P. Pair David C. Perry Olficeassistont Executive Director AEO, Q 722 Firs[ Street SW, Suite L Roanoke, VA 24016 -4120 Phone /Fax (540) 985 -0000 www.bluerldgelandconservancyorq p�' Promoting the conservation of western Virginia's natural resources -- farms, forest; waterway; and rural londmpes David Perry From: Melissa.Dales @roanokeva.gov Sent: Wednesday, November 25, 2015 4:05 PM To: David Perry Cc: Patrick_Woocis @roanokeva.gov Subject: Business Personal Property Tax - City of Roanoke Attachments: Scanned from a Xerox Multifunction Device.pdf Mr. Perry, Based on the current exemption determination for real estate and personal property tax, and until an exemption is obtained through Roanoke City Council, the Blue Ridge Land Conservancy is required to file business personal property tax on their furniture, fixtures, machinery, tools, other equipment, and vehicles. I am attaching a 2015 filing form, blank asset list form, and an information sheet. Please complete the requested information and return it to the Commissioners Office by December 18, 2015. 1 will be out of the office beginning November 26 and not return until December 14. 1 can answer any questions you have at that time, or if you need immediate assistance you may contact Patrick Woods in the Commissioner of the Revenue's Office at (540) 853 -2524. 1 hope this information is helpful. I look forward to assisting you with any business personal property tax needs you may have. Best wishes for a safe and nice Thanksgiving! Sincerely, Melissa Melissa Lucas Dales Tax Compliance Auditor Commissioner of the Revenue's Office City of Roanoke 215 Church Avenue SW, Room 251 Roanoke, VA 24011 Phone: (540) 853 -2524 Fax (540) 853 -1115 The contents of this message are legally privileged and confidential under Title 58.1 -3 Code of Virginia and all other applicable laws. This message is intended only for the use of the individual or entity in which it is addressed. If the reader of this message is not the intended recipient or the employee or the responsible agent for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is prohibited. Blue Ridge Land Conservancy Tax Exemption Request RB Lawhorn to: David Perry 05/0312016 12:08 PM Cc: Stephanie Moon, RB Lawhorn Dear David, Blue Ridge Land Conservancy filed a petition in the City Clerk's Office on April 4, 2016 requesting exemption from taxation on personal property located at 722 First Street SW, Suite L. The personal property is identified as miscellaneous office equipment and one vehicle, a 2007 Toyota Prius. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing if it wishes to consider a petition for a tax exemption. At a regular session of the Roanoke City Council held on Monday, May 2, 2016, the Council approved a request of the City Manager to hold a public hearing on Monday, May 16, 2016, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments on the request. Notices of a public hearing with regard to the matter will be published in the Roanoke Times. Your organization will be billed for the amount incurred for publishing the notices. That cost is expected to be approximately $315. I am attaching an initial draft copy of a Council Report dated May 16, 2016, from the City Manager's Office addressed to the Mayor and Members of City Council regarding the petition. Although we are recommending authorization for exemption from personal property taxation on the current property as well as any personal property hereinafter acquired, please be advised that the final decision with regard to the exemption rests with City Council. Council will also consider citizen comments from the public hearing. It is suggested that you be present at the public hearing on May 16th to respond to questions that may be raised regarding the petition. The session will be held in the City Council Chambers, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. You may wish to register with City Clerk staff at the desk outside Council Chambers immediately prior to the public hearing. If you have any questions regarding this information, please feel free to call or email me. Sincerely, R. B. Lawhorn, Jr. Budget Administrator Dept. of Management 8 Budget 215 Church Ave., Suite 357 Roanoke,VA 24011 Phone #: 540- 853 -1643 Email: rb.lawhorn @roanokeva.gov A� BlueRidgeLandConsemncyTaxExemptCouncilRpt .doc The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE, NULL .OR MUNICIPAL BUILDING 215 CHURCH AVENUE, S.W. ROOM 456 ROANOKE 24011 As count Number 6026061 Date May 05, 2016 Date Category Description Ad Size Total Cast 05111/2016 Municipal Notices NOTICE OF PUBLIC HEARING Notice is hereby given that th 1 x 53 L 311.68 NOTICE OF PUBLIC HEARING The total assessed rime nr the appOCanrs current personal property I., to 035 sr89.39].00, and consists year r2 miscellaneous office uipment and on achicle. a 2007 Toyota Pdus, with a total e,sonal $ property to. aaaessment or hra,20 tar the ems tax year bea txprh t°p pr s n e ho hall nd express ho opportunity o thia mazter_ If you are a person with a5 disability no recon' on cC.(540)SM-2541 b`ne:00noo ron Thursday. May 12. 2016y 12:00 noon on GIVEN under my hand this 2nd day of Ste ph,".., M. Moon Revnnlds, cuts clerk (30 "e'd, 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: 05/0512016 The First insertion being given ... 05/05/2016 Newspaper reference: 0000308426 l� Ell ng Representative Sworn to and subscribed before me this Thursday, May 5, 2616 ly- vy -.w- �I� sAAllll it l a / / /, /rr/ N� CIE 6T Notary Public . °�� P�PN,bAiv� 2,`oir• State of Virginia = ! OEeiSmAnoN NO city/County of Roanoke 111 R = 1049823 Commission expires 3o`tg'Mt qM E %PNiES - MY P �1M3bl tQ :0I VIRGt3�KK' G �' �OfARY PUO�\s THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on May 16, 2016, commencing at 7:00 p.m., in the Council Chamber, 4 °' Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, V irginia on the question of adoption of an ordinance pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended, approving the request of Blue Ridge Land Conservancy, a nonprofit organization for designation and classification of its personal property, located at 722 First Street, S.W., Suite L, Roanoke, Virginia as exempt from taxation, and such after acquired personal property. The total assessed value of the applicant's current personal property for tax year 2015 is $9,397.00, and consists of miscellaneous office equipment and one vehicle, a 2007 Toyota Prins, with a total personal property tax assessment of $324.20 for the 2015 tax year. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, (540)853 -2541, by 12:00 noon on Thursday, May 12, 2016. GIVEN under my hand this 2nd day of May, 2015. Stephanie M. Moon Reynolds, City Clerk. NNIHASLR S: I AN EXEMPT PH NOTICI! 111 01 RIDGELAND CON [RA ASIA RIP 516 DOC PLEASE PUBLISH ONCE IN THE LEGAL ADS, ROANOKE TIMES, ON THURSDAY, MAY 5, 2016. Send Publisher's Affidavit to: Stephanie M. Moon Reynolds, MMC, City Clerk City of Roanoke Noel C. Taylor Municipal Building Room 456 215 Church Avenue, S.W. Roanoke,VA 24011 540- 853 -2541 9M David C. Perry, Executive Director Blue Ridge Land Conservancy 722 First Street, S. W. Suite L Roanoke, Virginia 24016 (540) 985 -0000 May 18, 2016 Jared and Donna Green 5606 Barns Avenue, N. W. Roanoke, Virginia 24019 Dear Mr. and Mrs. Green: I am enclosing copy of Ordinance No. 40517 - 051616 authorizing the City Manager to execute a lease agreement with Jared Green and Donna Green, for the lease of approximately 3.6 acres of City -owned property being a portion of City -owned property located at 5401 Barns Avenue, N.W., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 6610101, 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, May 16, 2016; and is in full force and effect upon its passage. Sincerely, rn � Stephanie M. Moon ho s, MMC City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Cameron, Director of Finance Brian Townsend, Assistant City Manager for Community Development Wayne F. Bowers, Director of Economic Development Susan Lower, Director of Real Estate Valuation Cassandra L. Turner, Economic Development Specialist CITY OF ROANOKE OFFICE OF THE CITY CLERK _ 215 ClmrcL Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 relepkpne: (540) 953 -2541 Fax: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -moil elerk�3rpannkeva.gpv City Clerk CECELIA E. MCC Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk May 18, 2016 Jared and Donna Green 5606 Barns Avenue, N. W. Roanoke, Virginia 24019 Dear Mr. and Mrs. Green: I am enclosing copy of Ordinance No. 40517 - 051616 authorizing the City Manager to execute a lease agreement with Jared Green and Donna Green, for the lease of approximately 3.6 acres of City -owned property being a portion of City -owned property located at 5401 Barns Avenue, N.W., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 6610101, 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, May 16, 2016; and is in full force and effect upon its passage. Sincerely, rn � Stephanie M. Moon ho s, MMC City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Cameron, Director of Finance Brian Townsend, Assistant City Manager for Community Development Wayne F. Bowers, Director of Economic Development Susan Lower, Director of Real Estate Valuation Cassandra L. Turner, Economic Development Specialist J� IN "fl IF COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of May, 2016. No. 40517 - 0516,16. AN ORDINANCE authorizing the City Manager to execute a Icasc agreement will, Jared Green and Donna Green ("Green"), for the lease of approximately 3.6 acres of City -owned property being a portion of City -owned Property located at 5401 Bains Avenue, N.W., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 6610101; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on May 16, 2016, pursuant to Sections 15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute a lease agreement with Green to lease approximately 3.6 acres of City -owned property being a portion of City -owned property located at 5401 Barns Avenue, N.W., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 6610101, to be used by Green for agricultural purposes, for an initial term of one year commencing June 1, 2016, and ending on May 31, 2017, subject to four (4) one year renewal teens upon the mutual agreement of the parties at an annual rental of $100.00 per year, upon certain terns and conditions, and as more particularly described in the City Council Agenda Report dated May 16, 2016. The lease shall 4rease -3.6 race -Hams Ave to Jared & Donna Green (5- 16 -16) 1 be in a form approved by the City Allomcy and substantially similar to the lease etlached to such City Council Agenda Report. 2. Pursuant to section 12, Roanoke City Chanel, the second reading of this ordinance by title is hereby dispensed with. ATTEST: -tltll-tlh1 O- Lease -3 .6 acres -Hams Ave m hl l & D--no Glen (5 -16 -16) dz SIP h' C Q) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 16, 2016 Subject: Lease Renewal for Approximately 3.6 acres of Land Located at 5401 Barns Avenue, N.W., to Jared Green and Donna Green (CM 16- 00058) Background: Since May of 1994, Jared Green and Donna Green have leased approximately 3.6 acres of City -owned land, being a portion of City -owned land located at 5401 Barns Avenue, N.W., Roanoke, Virginia, bearing Official Tax Map No. 6610101 for agricultural use. They currently lease the site for twenty dollars ($20) per acre for a total of $72.00 per year. Mr. and Mrs. Green have requested a new one -year lease with four (4) mutually agreed upon one -year renewal options at a lease rate of $100.00 per year. The term of such lease shall retroactively begin on May 1, 2016. A copy of the proposed lease is attached to this City Council Report. Recommended Action: Conduct a public hearing on May 16, 2016, at 7:00 p.m., or as soon thereafter as the matter may be reached, on the proposed lease agreement, and after consideration of comments received by City Council at the public hearing, authorize the City Manager to execute a lease agreement with Jared Green and Donna Green for approximately 3.6 acres of city -owned land, located at 5401 Barns Avenue, N.W., Roanoke, Virginia, substantially similar to the lease agreement attached to this report with the term commencing retroactive to Ma 1, 2016. Such lease agreement shall be approved as to form by the City for ristopher P. orrill City Manager Attachment: Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Barbara A. Dameron, Director of Finance Wayne F. Bowers, Director of Economic Development Susan Lower, Director of Real Estate Valuation Cassandra L. Turner, Economic Development Specialist COMMERCIAL LEASE AGREEMENT THIS LEASE AGREEMENT ( "Agreement'), is made as of this _day of 2016, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ( "Lessor "), and JARED GREEN AND DONNA GREEN ( "Lessee "), WITNESSETH: WHEREAS, the Lessor owns certain land consisting of 3.6 acres, being a portion of property designated as Roanoke Official Tax Map No. 6610101, located at 5401 Bams Avenue, N. W., in the City of Roanoke, Virginia (the "Leased Premises'), WHEREAS, Lessee desires to lease the Leased Premises, together with all improvements situated on the Property, for the purpose of grazing of livestock, and the Lessor desires to lease the Leased Premises to Lessee for such purposes, upon the terms and conditions stated below; and WHEREAS, Roanoke City Council authorized the City Manager, on behalf of the Lessor, to enter into this Agreement with Lessee pursuant to Ordinance No. , adopted April , 2016, following a public hearing on this matter. NOW THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, and the above recitals which we incorporated by reference herein, the parties agree as follows: Section 1. Leased Premises. Subject to the terms and conditions of this Agreement, Lessor hereby leases to Lessee, and Lessee leases from Lessor, the Leased Premises, and all improvements located thereon, as the Leased Premises are more particularly shown on the sketch attached as Exhibit A, which is incorporated by reference herein, for Lessee to use for grazing of livestock. Section 2. Term and Renewal. The initial term of this Agreement shall be one (1) year, commencing on June 1, 2016, and ending on May 31, 2017. Thereafter, the Agreement may be renewed for up to four additional one year terms, upon the mutual agreement of the parties. Each renewal term may be exercised by the party requesting renewal providing notice to the other party in writing no later than sixty (60) days prior to the expiration of the initial term or any renewal term. The other party shall then be required to provide written notice to the party requesting such renewal and whether it agrees to the renewal term, and if so, under what conditions before the Agreement shall be renewed a subsequent term. Section 3. Rent. (a) As consideration for this Agreement, Lessee shall pay Lessor the annual amount of ONE HUNDRED AND NO/DOLLARS ($100.00) as rent for the initial one year term of this Agreement, and each one year renewal term or terms of the Agreement. (b) Such rent shall be due and payable no later than June 1, 2016, for the initial term of this Agreement, and for each year of the renewal term or terms of this Agreement, and paid at the Lessor's Office of City Treasurer, Room 254, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. In the event payment is not received within ten (10) days of this date, a late charge in the amount of ten percent (10 %) of the annual rent shall be added to the rent amount due. Interest on all delinquent rent shall accrue at the rate of ten percent (10 %) per annum. (c) No payment by Lessee or receipt by Lessor of a lesser amount than the rent, additional rent, or other amounts herein stipulated shall be deemed to be other than on account of the stipulated rent and amounts due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment thereof be deemed an accord and satisfaction, unless the Lessor otherwise agrees in a writing signed by both Lessor and Lessee. Lessor may accept such check of payment without prejudice to Lessor's right to recover the balance of such amounts or pursue any other remedy provided in this Lease Agreement or by law. Section 4. Taxes and Other Charges. (a) In addition to payment of the rent as set forth above, Lessee shall timely pay all applicable real estate or leasehold taxes, or any other taxes or charges in connection with this Agreement that the Lessee may be required by law or regulations to pay. Any applicable real estate or other taxes shall be determined by the Real Estate Assessor for the City of Roanoke, and Lessor will provide appropriate notice and documentation of such taxes to Lessor if Assessor does not provide such notice directly to Lessee. (b) Lessee shall reimburse Lessor for all stormwater utility fees if assessed by the City of Roanoke for the Leased Premises pursuantto Chapter 11.5, Code of the City of Roanoke (1979), as amended. Section 5. Lessee's Use of Leased Premises. (a) Purpose. Lessee shall use the Leased Premises only for the purpose of livestock grazing, and for no other purpose. (b) Operation. Lessee shall, at its sole cost and expense, operate and maintain the Leased Premises in accordance with good practices as are customary in the industry for its intended use. Any damage done to the Leased Premises, or any other property of Lessor located on the Leased Premises, shall be repaired or replaced by Lessee at Lessee's sole expense within thirty (30) days after notification by Lessor of such damage. Any improvements made to the Leased Premises shall only be made upon Lessor's prior written approval, and any improvements authorized by Lessor shall become the property of Lessor, without Lessor owing Lessee any sums for any increase in value to the Leased Premises as a result of such improvements. (c) Maintenance. Lessee accepts the Leased Premises in its AS IS, WHERE IS, condition. Lessor makes no warranties or representations regarding the condition of the Leased Premises, including the suitability of the Leased Premises for Lessee's intended use. Lessor shall have no responsibility to maintain, repair, or replace any portion of the Leased Premises. Except in the event of an emergency, Lessee shall provide written notice to Lessor within three (3) business days, and obtain Lessor's written approval, before commencing any maintenance, repair, or replacement, or other construction on the Leased Premises, and Lessee shall promptly restore the Leased Premises to the same condition the Leased Premises existed prior to such maintenance, replacement, or repair, after such work. Lessee agrees that any such maintenance, repair or replacement of any portion of the Leased Premises shall be performed in a good and workmanlike manner. Lessor reserves the right, and not the obligation, for Lessor, its agents, employees, and assigns, to enter upon the Leased Premises at any reasonable time to make repairs, perform maintenance, alterations or improvements; on a case by case basis in Lessor's sole discretion, provided, however, that such repairs, maintenance, alterations, or improvements shall not unreasonably interfere with Lessee's business operations. Such right to enter shall also include the right to enter upon the Leased Premises for the purposes of inspection and to show the Leased Premises to prospective purchasers. Such reservation of rights shall not be construed to limit, modify, or waive Lessee's obligation to keep the Leased Premises in good repair and condition, and to perform maintenance, repair or replacement to Lessor's personal property and the Leased Premises when necessary. If Lessee does not plant crops on all the Leased Premises, Lessee shall mow the Leased Premises or such part thereof not used for growing crops at least twice a year between Jane and October and otherwise keep the Leased Premises in good appearance and free and clear of debris andlitter. Lessee shall maintain all fencing. Lessee shall assume all liability for damage to Lessee's person, livestock, machinery, equipment, agents, employees, guests, invitees, and contractors. Lessee shall assume all liability for damage by its actions or actions of its livestock, machinery, equipment, agents, employees, guests, invitees and contractors (d) Security. Lessee further acknowledges and agrees that Lessor is not responsible for providing any security to Lessee concerning any of Lessee's property located on the Leased Premises, and that any such security obtained by Lessee shall be obtained at Lessee's sole expense. (e) Utilitic s. The parties agree that Lessor is not responsible for payment of my utility costs or charges, and telephone, interact, which will be the responsibility and obligation of Lessee to pay and obtain if applicable. (f) Sublease of Leased Premises by Lessee. Lessee covenants and agrees that it will not sublet, license, assign, or transfer by operation of law or otherwise, this Agreement, the Leased Premises, or any right Lessee is authorized to exercise hereunder, without the prior written consent of the Lessor, and such attempted assignments without such permission shall be void. The Lessormay grant or withhold its consent in its sole discretion. Any attempt by the Lessee to sublet, license, assign, or transfer by operation of law or otherwise this Agreement, the Leased Premises, or any rights Lessee is authorized to exercise hereunder, without the prior written consent of the Lessor shall result in the automatic termination of this Agreement. Lessee agrees to provide a copy of all agreements it has currently and proposes to enter as such subleases we negotiated in the future to Lessor, prior to execution of such agreement, for Lessor's approval. Lessee guarantees Lessor that all requirements and restrictions contained in this Agreement shall be included in any sublease. Section ii. Hazardous Materials. While on or near the Leased Premises in its performance pursuant to this Agreement or at any other portion of the Property, Lessee shall not transport, dispose of any hazardous substance, material, or waste, as the term "hazardous material" is defined under federal, state, and local laws, rules and ordinances, without obtaining Lessor's written approval, and in any event Lessee shall comply with all federal, state, and local laws, rules, regulations, and ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to the storage, transport, or disposal of hazardous material, substances or waste. Regardless of Lessor acquiescence, Lessee agrees to reimburse Lessor for all costs and expenses incurred by Lessor in eliminating or remedying such violations. Lessee also agrees to reimburse Lessor for allomey's fees and all penalties or civil judgments incurred by or obtained against Lessor as a result of Lessee's use of any hazardous material, substance or waste onto the ground or otherwise, or into the water or air from, near or upon the Leased Premises or the Property. The Lessee agrees to handle the storage and disposal of gasoline, oil, and other substances used in connection with the operation and maintenance of automobiles, in accordance with all applicable federal, state, and local laws, rules, regulations, and ordinances. Section7. Report Release of Hazardous Materials- Lessee shall immediately furnish to the Lessors Director of Utilities and Operations written notice of any and all releases of hazardous waste, materials or substances whenever such releases are required to be reported to any federal, slate, or local authority, and pay for all cleanup and removal costs. Such written notice shall identify the substance released, the amount released, the measures undertaken to cleanup and remove the released material and any contaminated soil or water. Lessee shat l also provide Lessor with copies of any and all reports resulting from tests on the Leased Premises or made to any governmental agency which relate to the Leased Premises. Section S. Indemnification. Lessee agrees and binds itself, and shall require the same of any sublessee, to indemnify, keep and hold the Lessor, its officers, agents, employees and volunteers free and harmless from any and all claims, causes of action, damages, costs (including attorney's fees), or any liability on account of any injury or damage of any type to any persons or property growing out of or directly or indirectly resulting from any act or omission of Lessee, including but not limited to: (1) Lessee's use of the public ways or other areas of the Leased Premises in connection with this Agreement; (2) the acquisition, construction, reconstruction, erection, installation, operation, maintenance, repair or extension of the Leased Premises; (3) the Lessee's exercise of any right or privilege granted by or under this Agreement or any sublease, (4) the failure, refusal or neglect of Lessee or a sublessee of Lessee to perform any duty imposed upon or assumed by Lessee by or under this Agreement or any such sublease, (5) any claim made against the Lessor made or arising out of any action by Lessee or a sublessee of Lessee, or (6) any claim brought by a sublessee of Lessee against the Lessor for any reason. In the event that any suitor proceeding shall be brought against the Lessor at law or in equity, either independently or jointly with Lessee or sublessee on account of anything set forth above, Lessee, upon notice given to it by Lessor, will defend the Lessor in any such action or other proceeding, at the cost of the Lessee; and in the event of any settlement or final judgment being awarded against the Lessor, either independently orjointly with Lessee, then Lessee will pay any such settlement orjudgment or will comply with such decree, pay all reasonable costs and expenses of whatsoever nature and hold the Lessor, its officers, agents, employees and volunteers harmless therefrom. Section 9. Environmental Indemnifications - Regardless of the City's acquiescence and in addition to the indemnification provisions contained elsewhere in this Lease Agreement, Lessee shall indemnify, defend, and hold Lessor, its officers, agents and employees, harmless from all costs, liabilities, penalties, or fines, including attorney's fees, resulting from or arising out of Lessee's violation of the environmental provisions contained in this Lease Agreement and agrees to reimburse the Lessor for any and all costs and expenses incurred in eliminating or remedying such violations. Lessee further covenants and agrees to reimburse and hold the Lessor its officers, agents and employees, harmless from all costs, expenses, attorney's fees and all penalties or civil judgments obtained against the Lessor as a result of Lessee's use, release or disposal of petroleum product, hazardous substance, material, or waste onto the ground or into the air or water. Lessee agrees to waive any and all statutes of limitations applicable to any controversy or dispute arising underthese environmental provisions, and Lessee further agrees that it will not raise or plead a statute of limitations defense in any action arising out of Lessee's failure to comply with the environmental provisions contained herein. Section 10. Insurance. (a) Requirement of insurance. Lessee shall, at its expense, obtain and maintain during the life of the Agreement, the insurance and bonds required by this Agreement. Any required insurance and bonds shall be effective prior to the commencement of this Agreement. (b) Commercial General Liability. Lessee shall maintain during the life of the Agreement Commercial General Liability insurance coverage on an occurrence basis insuring against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of this Agreement. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence and $1,000,000 aggregate. (c) Contractual Liability. Lessee shall maintain during the life of the Agreement broad form Contractual Liability insurance including the indemnification obligation set forth in this Agreement if it is not included in the Commercial General Liability insurance coverage in (b)above. (d) Workers' Compensation. Lessee shall maintain during the life of the Agreement Workers' Compensation insurance covering Lessee's statutory obligation under the laws of the Commonwealth of Virginia and Employers Liability insurance for all its employees engaged in work under this Agreement. Minimum limits of liability for Employers Liability shall be $ 100,000 bodily injury eachoccurrence; $500,000 bodily injury by disease (Policy limit); and $100,000 bodily injury by disease (each employee). With respect to the Workers' Compensation and Employer's Liability coverage, the Lessee's insurance company shall waive rights of subrogation against the Lessor, its officers, agents, employees and volunteers. (c) Automobile Liabiliy. Lessee shall maintain during the life of this Agreement Automobile Liability insurance. The minimum limit of liability for such insurance shall be $1,000,000 combined single limit applicable to owned or non -owned vehicles used in the performance of any work under its Agreement. (f) Umbrella Coverage. The insurance coverages and amounts set forth in subsections (b), (c), (d) and (e) of this Section may be met by an umbrella liability Policy following the form of the underlying primary coverage in a minimum amount of $ 1,000,000. Should an umbrella liability insurance coverage Policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific Policy numbers indicated for the insurance providing the coverages required by subsections (b), (c), (d) and (e), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Lessee to the Lessor. (g) Fire and Extended Coverage for Structures. Lessee shall obtain and maintain fire and extended coverage insurance insuring any improvements on the Leased Premises, for direct and indirect loss or damage by fire and any other casualty covered under a broad perils, "all risks" typical fire and extended coverage property insurance policy. in an amount equal to the current fair value of the improvements. This coverage shall include the cost of demolition and removal of the improvements, or any portions thereof, damaged by fire or other casualty. The proceeds of the fire and extended coverage insurance shall be payable to Lessor. Lessor shall have the sole right to use the proceeds to repair the improvements and continue this Agreement or retain the proceeds of insurance and terminate this Agreement. (h) Evidence of Insurance. All insurance shall meet the following requirements: (1)The Lessee shall furnish the Lessor a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. The Lessor shall be notified of any deductible greater than 10% of the policy limit and such deductible shall be subject to approval of the Lessor, which shall not be unreasonably withheld. However, this deductible requirement shall not apply to pre - funded/fully- funded deductible programs upon proper documentation acceptable to the Lessors Risk Manager. (2)The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been provided to the City of Roanoke." (3)Except for Workers' Compensation coverage and Employer's Liability coverage, the required certificate or certificates of insurance shall name the Lessor, its officers, agents, employees, and volunteers as additional insureds in connection with this Agreement. The Fire and extended coverage insurance shall insure the Lessor and the Lessee in the Building, as their interests may appear. (4)Inswance coverage shall be in a form and with an insurance company approved by the Lessor which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Agreement shall be authorized to do business in the Commonwealth of Virginia. Section 11. Termination. Nonrenewal, and Expiration. (a) The parties agree that either party may terminate this Agreement at any time, with or without cause, for any reason, upon ninety (90) days written notice to the other party. Upon any such early termination or nomenewal of the Agreement, Lessee shall vacate the Leased Premises upon the expiration of the notice period. Lessee shall be liable to Lessor forall rent, additional consideration and taxes under this Agreement for the period of this Agreement prior to said termination date or nomenewal, except as set forth in this Agreement. (b) Site Restoration. If this Agreement is terminated, not renewed, or expires, Lessee shall have sixty (60) days from the termination or expiration date to remove its personal property, including any equipment of any sublessee, and related equipment from the Leased Premises, and to repair, replace, or restore any damage to the Leased Premises to the same conditions in which the Leased Premises existed prior to the commencement of this Agreement, ordinary wear and tear excepted. The parties acknowledge that Lessor shall have no obligation to provide security or otherwise safeguard Lessee's personal property that may be located on the Leased Premises during this time. If Lessee's property, sublessee's property, and related equipment are not removed to the reasonable satisfaction of Lessor within sixty (60) days of the termination or nonrenewal of this Agreement, such property and equipment shall be deemed abandoned and shall become the property of Lessor and Lessee shall have no further rights thereto, or at Lessor's option, the Lessor shall have the right to remove such items and charge the Lessee the cost of such removal and/or disposal of such items. Section 12. Limitation of Lessor's Liabilitv. The Lessor, its officers, agents, or employees shall not be liable to Lessee for any damages of any type or loss or interruption of any of Lessee's business, or any sublessee's business, caused by any omissions or actions of Lessor, whether negligent or otherwise. Lessee expressly agrees that part of the consideration it is giving to support this Agreement is a waiver of any right to seek from the Lessor any claim for such consequential damages or lost profits. Section 13. Condemnation. In the event the whole of the Premises is taken by eminent domain, this Agreement shall terminate as of the date title to the Leased Premises vests in the condemning authority. If a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Agreement as of the date of transfer of title, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Lessee shall not be entitled to any portion of the award paid for the taking and Lessor shall receive the full amount of such award. Lessee hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the license or to the fee of the Leased Premises, shall belong to Lessor, Lessee shall have the right to claim and recover from the condemning authority, but not from Lessor acting as Lessor, such compensation as may be separately awarded or recoverable by Lessee on account of any and all damage to Lessee's business and any costs or expenses incurred by Lessee in removing its equipment, personal property, and any relocation expenses. Section 14. 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: If to Lessor, to: City of Roanoke Director of Economic Development 117 Church Avenue S.W. Roanoke, Virginia 24011 Telephone: (540) 853 -2715 Facsimile: (540) 853 -1213 If to Lessee, to: Jared Green Donna Green 5606 Bums Avenue, N.W. Roanoke, VA 24019 Telephone: (540) Facsimile: (540) Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. Section 15. Miscellaneous. (a) No Broker. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker and shall hold the other party harmless from any claims for any commission by such broker. (b) Cooperation. Each party agrees to cooperate with the other in executing any documents necessary to tarty out the intent and purposes of this Agreement. (c) Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. (d) Authority. The persons who have executed this Agreement represent and warrant that they are duly authorized to execute this Agreement in their representative capacities as indicated. (e) Counterparts Allowed. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. (f) Compliance with Laws. In Lessee's exercise of the rights and privileges granted herein, Lessee, its agents, employees, guests, invitees, contractors, and/or any other person over whom Lessee has control shall observe, obey and comply fully at Lessee's own expense with all present and future, federal state and local laws, rules or regulations, applicable to or affecting directly or indirectly Lessee or its operations and activities on or in connection with the Leased Premises. Lessee further agrees that Lessee does not and shall not during the performance of this Agreement; knowingly employ an unauthorized alien as defined in the Federal Immigration Refomr & Control Act of 1986. (g) Successors and Assiens. The terns, conditions, provisions and undertakings of this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. (h) Captions. The paragraph Captions and Headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. (i) Governing Law. By virtue of entering into this Agreement, Lessee and Guarantor agree and submit themselves to a court of competent jurisdiction in the City of Roanoke, Virginia and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia or any applicable federal laws and that all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia or any applicable federal laws. Q) Waiver. Lessee agrees that the Lessors waiver or failure to enforce or require performance of any term or condition of this Agreement or the Lessors waiver of any particular breach of this Agreement by the Lessees extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiverof any other breaches of the Agreement by the Lessees and does not bar the Lessor from requiring the Lessees to comply with all the terms and conditions of the Agreement and does not bar the Lessor from asserting any and all rights and/or remedies it has or might have against the Lessee under this Agreement or by law. (k) Entire Agreement. This Agreement and its exhibits constitute the entire agreement and understanding of the parties, and supersede all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. Lessee acknowledges that it has participated in the drafting of this Agreement. In the event of a dispute concerning any provision of this Agreement, Lessee hereby acknowledges and agrees that it will not rely on any defense that any ambiguity in the Agreement should be construed against the drafter of the Agreement and the Lessee waives that defense. Lessee agrees that Lessor shall have no responsibility, duty, or obligation to provide Lessee any services, property, or items that are not otherwise indicated in this Agreement Section 16. Nondiscrimination. During the performance of this Agreement, the Lessee agrees as follows: (a) Lessee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by law relating to discrimination in employment except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Lessee. Lessee agrees to post in a conspicuous place, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (b) Lessee, in all solicitations or advertisements for employeesplaced by or on behalf of the Lessee, will state that such Lessee is an equal employment 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. (d) The Lessee will include the provisions of the foregoing paragraphs a, b, and c in every contract, subcontract, or purchase orders of over $10,000, so that the provisions will be binding upon each contractor, subcontractor, or vendor. Section 15. Drug -Free Worknlace (a). During the performance of this Agreement, Lessee agrees to (i) provide a drug free workplace for Lessee's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees forviolations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Lessee that Lessee maintains adrug free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. (b). For the purposes of this section, "drug free workplace' means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of this Agreement. Section 16. Faith Based Organizations. Pursuant to Virginia Code Section 2.2 -0343.1, all parties shall be advised that the Lessor does not discriminate against faith -based organizations. Section 17. Default (a) Each of the following shall constitute an event of default of this Agreement: (1) Lessee fails to pay rent within ten (10) days after such rent becomes due and payable; (2) Lessee fails to observe or perform any tern, condition, or covenant in this Agreement; (4) noncompliance with any of the terms or obligations of Lessee under this Agreement; or (4) Lessee or guarantor files a voluntary petition in any bankruptcy or insolvency proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding is filed against Lessee or guarantor and is not discharged by Lessee or guarantor within sixty (60) days after such filing. (b) It is understood and agreed by and between the Lessor and Lessee that in the event of a breach by Lessor or Lessee of any of the covenants and agreements herein contained or in the event of a default by Lessee as set forth above, the aggrieved party may serve a written thirty (30) day notice of default, specifying such default or breach, on the defaulting or breaching party. If such default is not remedied within said (30) days, this Agreement shall automatically end and expire. (c) If such default or breach is not remedied within the thirty (30) day period, the non- defaulting or non- breaching party, at its option, without further notice or demand to the defaulting or breaching party, may in addition to all other rights and remedies provided in this Agreement or at law N or in equity, terminate this Agreement and recover all damages to which it is entitled under the law. Furthermore, the Lessor shall be entitled to recover and immediately take possession ofthe Premises and recover, without limitation, all of Lessor's expenses of reletting, including without limitation, rental concessions to new tenants, repairs, alterations, and legal fees. (d) If Lessor takes possession pursuant to this Agreement, with or without terminating this Agreement, Lessor may, at its option, enter into the Premises, remove Lessee's alterations, signs, personal property, equipment, and other evidences of tenancy, and store them at the Lessee's sole risk and expense or dispose of them as Lessor may see fit, including, but not limited to selling such items and applying any net proceeds to any amounts Lessee may owe Lessor, and take and hold possession of the Premises. (e) Lessee's obligations under this Agreement with respect to all representations and indemnity shall survive the termination or expiration of this Agreement. (f) Lessee agrees that it has read, reviewed, and understands the terms of this Agreement. Lessee further agrees that it has participated in the drafting of this Agreement, and that in the event any of the terms of this Agreement are determined to be ambiguous, such ambiguity will not be construed against Lessor. IN WITNESS WHEREOF, the parties have executed this Agreement by the following Signatures as of the date stated above. ATTEST: City Clerk COMMONWEALTH OF VIRGINIA CITY /COUNTY OF ROANOKE LESSOR: CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation Christopher P. Morrill, City Manager To -wit The foregoing instrument was acknowledged before me this day of , 2016, by Christopher P. Morrill, the City Manager for the City of Roanoke, Virginia, for and on behalf of the City. My Commission expires: Notary Public Registration No. 12 LESSEE: (SEAL) Jared Green Donna Green COMMONWEALTH OF VIRGINIA To -wit: CITY /COUNTY OF ROANOKE The foregoing instrument was acknowledged before me this day of 2016, by Jared Green. My Commission expires: Notary Public Registration No. :K�]uluPl�►:7bM.Dl;�rI1 irli�l/:1 To -wit: CITY�COUNTY OF ROANOKE The foregoing instrument was acknowledged before me this day of 2016, by Donna Green. My Commission expires: Approved as to Form: Assistant City Attorney Authorized by Ordinance No: Notary Public Registration No. 13 Approved to as Execution: Assistant City Attorney The Roanoke Times Account Number Roanoke, Virginia 6018651 Affidavit of Publication Dale May 05, 2016 CITY OF ROANOKE, NOEL C. TAYLOR MUNICIPAL BUILDING 215 CHURCH AVENUE, S.W. ROOM 456 ROANOKE, VA 24011 Date Category Description Ad Size Total Gost 0511112016 Municipal Notices NOTICE OF PUBLIC HEARING The City of Roanoke propose 1 x 57 L 32992 Publisher of the NOTICE OF PUBLIC HEARING I Roanoke Times Toe a Re a ,o o0 :az t e ..in' a' ire a owned I, (the undersigned) an authorized representative of the cPy rare ai as °�ann No. 10101, meat." a of em earn, .nee. Roanoke Times, a daily newspaper published in Roanoke, in the N.W..i thee(llryta1 Roanoke. Yoshio a. 1. rat ° ", /0f State of Virginia, do certify that the annexed notice NOTICE OF Initial �enieu 2fms aee'en.. a. rill PUBLIC HEARING was published in said newspapers on the Thep, air a,°.° ides tear following dates: em"O�e" "'t of See aside Rses'.... 1 and °szftni. ceee Virg'antaSnsSmeaz amentleJUn"ticc O5IO5I2016 I'd me ohy o will hole e at Rthen seow. M.M. 9,Ja9 m o be beltla 2¢16, c n""a a erd,, 1'in the, Co' ' mbe. be re.l. Taylor M.M.IP l uil^ing.0 2115 The First insertion being given ... 05/0512016 aiIhp6Vo ee of thecW e Girytbo/ RoanoMe at (560) effort s1 z1a11 bay. m Newspaper reference: 0000310330 be heard a xarez5 their oouvons on zap" u re aMatter. r If Off cue atp 1(540) eSs3 2541 Pbefore 112.00 2dils .h.. to r my e 2n" head dons "ay er Iling Rep esentative Ma e, io10. sfeohanm m. meen R.ynm"z. oloan0)k Sworn�ttoo/aynddd subscribed before me this TThhu'rrss"d�ay,y,,, May 5, 2016 Notary Public -110 - REGISLRATON NO. ' State of Virginia 7049823 -_ City /County of Roanoke 1,, D `,,M+C�MM Ex [e� l.Y. IlO ` la (Do My Commission expires "'1�OrARY POW' ` "W" THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU 0)(_ NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease approximately 3.6 acres of City -owned property, being a portion of Roanoke City Official Tax Map No. 6610101, located adjacent to 5401 Bums Avenue, N.W., in the City of Roanoke, Virginia, to Jared Green and Donna Green, for an initial term of one year, commencing June 1, 2016, and ending May 31, 2017, subject to four (4) one year renewal terms, at an annual rent of $100.00. The proposed lease provides that the leased property will be used for agricultural purposes. 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 May 16, 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 May 12, 2016. GIVEN under my hand this 2ndday of May, 2016. Stephanie M. Moon Reynolds, City Clerk PLEASE PUBLISH ONCE IN THE LEGAL ADS, ROANOKE TIMES, ON THURSDAY, MAY 5, 2016. 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: Jared and Donna Green 5606 Bums Avenue, N.W. Roanoke, VA 24019 c CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853-2541 I+xx: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -moil: cicrk(.)raxnnkevx . gav CECELIAF.MCCOY City Clerk Depnty, City Clerk May 18, 2016 CECELIA T. WEER, CMC A,,BEtnt Deanty City Clerk Michael McEvoy, Executive Director Western Virginia Water Authority 601 South Jefferson Street, Suite 200 Roanoke, Virginia 24011 Dear Mr. McEvoy: I am enclosing copy of Ordinance No. 40518- 051616 authorizing the conveyance of a permanent sewer line easement and a temporary construction easement, both with an approximate width of twenty feet and collectively encumbering approximately 15,600 square feet, over, across, and under City -owned property, located along Reserve Avenue, S. W., Roanoke, Virginia, designated as Roanoke Official Tax Map No. 1040202, to the Western Virginia Water Authority, for the installation, maintenance, and operation of a sewer line to relocate an existing 8" sewer main that will be impacted by the Franklin Road bridge replacement, and to connect such sewer main to the existing sewer main located on the property. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016; and is in full force and effect upon its passage. Sincerely, oy'r �=r 4— Stephanie M. "'I'll n Reyna MMC City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Cameron, Director of Finance Brian Townsend, Assistant City Manager for Community Development Sherman Stovall, Assistant City Manager for Operations Philip Schirmer, City Engineer d)� IN If IF COUNCIL OI: 11 IF CITY OP ROANOKF, VIRGINIA The 16Hr day of May, 2016. No. 40518- 051616. AN ORDINANCE authonziog the conveyance of a permanent sewer line casement and a temporary consnruction cas'ensenr, both with an appoximatc width of twenty (20) feel and collectively encumbering approximately 15,600 square ]Oct, over, across, and under City -owned property, located along Reserve Avenue, S.W., Roanoke, Virginia, designated as ttoanoke Official Tax Map No. 1040202, to the Western Virginia Water Authority ( "Authority "), upon cerlain Icons and conditions; laid dispensing with the second reading of this O, dinanee by title. BF Pr ORDAINED by the Council of the City of Roanoke that: The City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the conveyance of a permanent sewer line easement and a temporary construction easement, both with an approximate width of twenty (20) feel and collectively encumbering approximately 15,600 square feet, over, across, and under City -owned property, located along Reserve Avenue, S.W., Roanoke, Virginia, designated as Roanoke Official Tax Map No 1040202, to the Authority, for the installation, maintenance, and operation of a sewer line to relocate an existing 8" sewer main that will be impacted by the Franklin Road bridge replacement, and to connect such sewer main to the existing sewer main located on the property, as more particularly set forth in the City Council Agenda Report dated May 16, 2016. 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. 3. Pursuant to Section 12, Roanoke City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: �p City Cl' erk O- Anlhurize Vennnne.. Cer.nunem server line .................. emnnnil Io Weaern VA Water Au111.611 Resetw Ale TM 1040201(5 -1111, CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL Ft III 215 CI LURCH AVENUE, SW ROANOKE, VIRGINIA 2401 M595 Daniel J. Callaghan TELEPHONE 540 - 853.2431 City Attomey FAX 540.853-1221 EMAII : ciq'atp(�roeuokeceigo� May 16, 2016 The Honorable David Bowers, Mayor and Members of City Council Roanoke, Virginia Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Re: Request from Western Virginia Water Authority for Conveyance of Permanent Sewer Line Easement and Temporary Construction Easement Across Roanoke Official Tax Map No. 1040202 Dear Mayor Bowers and Members of Council: Background: The Western Virginia Water Authority ( "Authority") has requested the City of Roanoke to convey a permanent sewer line easement and a temporary construction easement to the Authority across City owned real estate designated as Roanoke Official Tax Map No. 1040202. Both easements are approximately 20' in width and collectively comprise approximately 15,600 square feet. The purpose of the easements are for the installation, maintenance, and operation of a sewer line to relocate an existing 8" sewer main that will be impacted by the Franklin Road bridge replacement, and to connect such sewer main to the existing sewer main located on the property. Considerations: The temporary construction easement would expire upon completion of the sewer line easement, and the interests granted would revert to the City. Conveyance of the easements are in the best interest of the City and its citizens, as the need for the relocation of the sewerline easement is due to the improvements being made to the Franklin Road bridge. Recommended Action: Authorize the City Manager to execute a Deed of Easement, substantially similar in form to the proposed easement attached to this letter, conveying the sewer line easement and temporary construction easement, across City owned property designated as Official Tax Map No.1040202, to the Western Virginia Water Authority. All documents necessary for this conveyance shall be upon form approved by the City Attorney. Sincerely, Dan�l�alla n City Attorne Christopher P. Morrill, City Manager R. Brian Townsend, Assistant City Manager for Community Development Sherman Stovall, Assistant City Manager for Operations Barbara Dameron, Director of Finance Phillip Schirmer, City Engineer Stephanie Moon Reynolds, City Clerk )RI 1P, - S /6/201£ Prepared and Recorded By Weenrn Virginia Waror Amhoviry Cons'idermio¢ N /A, see exemption below 601 SJeneimn Si_ sane 300 Roanoke. Virginia 24011 Reum m same address noted atnoe 'fax Map No, 1040202 Exemptions claimed: Grantee is exempt from recordation taxes and fees pursuant to Section 59.1- 811(A)(3) and (C)(5) of the Code of Virginia (1950), as amended. THIS EASEMENT AGREEMENT is made this day of 2016, by and between the CITY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia ( "Grantor "); and the WESTERN VIRGINIA WATER AUTHORITY, a water and sewer authority created pursuant to Chapter 51 of Title 15.2 of the Code of Virginia (1950), as amended ( "Grantee "). WITNESSETH: WHEREAS, the Grantor is the owner of real estate located in the City of Roanoke, Virginia, designated as Roanoke Official Tax Map No. 1040202, known as 210 Reserve Ave SW. ( "Property "), WHEREAS, the Grantee desires to obtain a permanent sewer line easement and temporary construction casement over, under, and across the Property for the installation, maintenance, and operation of a sewer line, to relocate an existing 8" sewer main that will be impacted by the Franklin Road Bridge replacement, and connect such sewer main to the existing sewer main located on the property ( "Project ") WHEREAS, Grantor desires to convey such easements to Grantee for such purposes under the terms and conditions contained herein; and NOW, THEREFORE, THAT FOR AND IN CONSIDERATION of the sum of One Dollar (SI.00), paid in hand at and with the execution and delivery of this Easement Agreement, and other good and valuable consideration. the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY unto the Grantee, its successors and assigns, the following described easement, to -wit: A new PERMANENT Twenty foot (20') RIGHT and SEWERLINE EASEMENT to construct, install, improve, operate, inspect, use, maintain, repair or replace a sewer line or lines, manholes, together with related improvements including slopc(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across those tracts or parcels of land belonging to the Grantor, acquired by deed dated March 15, 1941, and recorded in the Clerk's Office for the Circuit Court of the City of Roanoke, Virginia, as Deed Book 1664, Page Number 54, and designated on the Land Records as Tax Map No. 1040202 (the "Property "). The location of said easement is generally described on the exhibit tilted "Permanent 20' Sewerline Easement Being Granted to Western Virginia Water Authority by City of Roanoke' attached hereto as "Exhibit A" dated December 25, 2015, prepared by the Western Virginia Water Authority, Engineering Services, and by this reference made a part hereof, and more particularly described as being centered over the constructed sewer line or lines, TOGETHER WITH A TEN FOOT (10') TEMPORARY CONSTRUCTION EASEMENT, as further described on the attached Exhibit A, for the purpose of construction and installation of the sewer line. The temporary construction easement shall expire upon completion of the sewer line connection, at which time such interest shall automatically revert to the Grantor, and in no event shall the Page 1 of 3 JCAh' - 5/[/2016 temporary construction easement continue beyond July I, 2017. The permanent sewer line easement and temporary construction easement are collectively referred to herein as the "Easement." The Grantee agrees to restore and repair any actual damage to the Property which may be caused by the construction, reconstruction, or maintenance of said Project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the Property to the identical original condition, but rather as near thereto as is practicable to the condition at the time the easement was granted, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents shall have the right to inspect the Easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said Easement, that in any way endangers or interferes with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the Easement herein granted or placed in such location as to render said Easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor acknowledges that the plans for the aforesaid Project as they affect the Property have been fully explained to Grantor or Grantor's authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by the Grantee or its assigns and further grantees shall remain the property of the Grantee or its assigns and further grantees. The easement herein granted is in addition to, and not in lieu of, any casement or right -of -way now in existence or which may be acquired in the future. The Grantor covenants and agrees for itself, and for its successors, successors in title, executors, legal representatives and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation by reason of the location, construction, operation, maintenance, or reconstruction of or within the Easement herein granted. Pursuant to Ordinance No. , adopted by Roanoke City Council on , , the City of Roanoke, Virginia, by and through its duly authorized City Manager, accepts this conveyance in accordance with Section 15.2 -1803 of the Code of Virginia (1950) as amended, as evidenced by the City Manager's signature below. To have and to hold unto the Grantee, its successors and assigns forever. WITNESS the following signature(s): GRANTOR: CITY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia Title: Page 2 of 3 D[lFT 5/4/2c 6 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE to wit: The foregoing instrument was acknowledged before me this day of , 2016, by Christopher P. Morrill, the City Manager of the City of Roanoke, Virginia, for and on behalf of the City of Roanoke. Notary Public My Commission Expires: My Registration Number is: GRANTEE: WESTERN VIRGINIA WATER AUTHORITY EM Robert Benninger Title: Director of Engineering Services COMMONWEALTH OF VIRGINIA CITY OF ROANOKE to wit: The foregoing instrument was acknowledged before me this day of , 2016 by Robert Benninger, Director of Engineering Services for the Western Virginia Water Authority, on behalf of said corporation, Grantee. Notary Public My Commission Expires: My Registration Number is: Approved as to Form: Assistant City Attorney Page 3 of 3 EXHIBIT A PROPERTY OF CARILION CLINIC PROPERTIES LLC TAX 0 1032209 20' PERMANENT & TEMPORARY PROPERTY OF �10' SEWER EASEMENT EASEMENT CARILION CLINIC APPROX 15.600 OF PROPERTIES LLC TAX $ 1032208 PROPERTY OF CITY OF ROANOKE TAX # 1040202 PROPERTY ROANOKE HOTEL GROUP LLC TAX R 1032210 PROPERTY OF CARILION CLINIC PROPERTIES LLC TAX # 1032203 a in PROPERTY OF PIP Rq CLINIC PROPERTIES 4� AX # 1049201 Rpq D WATERALITHORITM PERMANENT 20' SEWERLINE EASEMENT ENGINEERING SERVICES BEING GRANTED TO 601 SOJTH JEFFERSON STREET ROWKE. VIRGINIA 240" WESTERN VIRGINIA WATER AUTHORITY wGNE.1540)8535641 BY CITY OF ROANOKE DRAWN BY. AAS SCALE: I" =100' DATE: 1925115 The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE, CITY CLERK 215 CHURCH AVENUE, S.W., SUITE 456, NOEL C.TAYLOR ROANOKE, VA 24011 -1536 Account Number 6014693 Date May 05, 2016 Date Category Description Ad Size Total Cost 05111/2016 Legal Notices NOTICE OF PUBLIC HEARING The City of Roanoke propose 1 x 63 L 357.28 NOTICE OF PUBLIC HEARING o me of seine'„. ia.2..... ana ° lei3' .0 a. of V a (1950), a entletl, :h moth, amen that the City. en `.1 the c of Roanoke will bold a pumlo Toy on tee too miner at regular meeting to be held o y 16. 2mri, c at 9:00 p.mM o thereafter at them v oe soon heard. in the Council Chamber, 9M Floor. k oel C. Taylor Municipal auilding. 21s Ohu2h w w. Virginia. Further City of sur the trai C iityt.1 .....ke ate(,a.)) 653 2541. elNEens snail have the o p—tu ... to n a o heard an..or... their omol —, nn ,,in matter. 11 y.in with a disability cede as modanone or tins nea g. p e city Clerk's of nee at I(540> edit- aesai. before 12 00 noon on May 1L 2016. apVrEN —der my nand this 27th day of Stephanie - M. Moan Reynolds, cit Cl Clerk 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: The First insertion being given ... 05105/2016 Newspaper reference: 0000305572 B" ling Re l` esentativ Sworn to add subscribed before me this Thursday, May 5, 2016 Notary Public o tPUE STgA .,� p �P..MMONNEq. FZ �� State of Virginia City /County of Roanoke I p = pEGij 91 23 _ My Commission expires 30 {11) - `iMYC MM fX�gL" 2 vmGiMP... 2r �O7ARV PU8L3� r THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU jX NOTICE OF PUBLIC HEARING The City of Roanoke proposes to grant a permanent sewer line easement and a temporary construction casement, both with an approximate width of 20 feet and collectively encumbering approximately 15,600 square feet, over, across, and under City -owned property identified by Official Tax Map No. 1040202, located along Reserve Ave., S.W., Roanoke, Virginia, to the Western Virginia Water Authority ( "Authority"), at the Authority's request. The purpose of the easements are for the installation, maintenance, and operation of a sewer line to relocate an existing 8" sewer main that will be impacted by the Franklin Road bridge replacement, and to connect such sewer main to the existing sewer main located on the property. 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 May 16, 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 May 12, 2016. GIVEN under my hand this 27 dayof ADrll ,2016. Stephanie M. Moon Reynolds, City Clerk PLEASE PUBLISH ONCE IN THE LEGAL ADS, ROANOKE TIMES, ON THURSDAY, MAY 5, 2016. Send Publisher's Affidavit to Stephanie M. Moon Reynolds, MMC, City Clerk City of Roanoke Noel C. Taylor Municipal Building Room 456 215 Church Avenue, S.W. Roanoke, VA 24011 540- 853 -2541 Send Bill to Western Virginia Water Authority ATTN: Mike McEvoy 601 S. Jefferson Street, Suite 200 Roanoke, VA 24011 540- 853 -1449 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'relephoxe: (540)953 -2541 fur: (540)953 -1145 S'1'EPIIANIE M. MOON REYNOLDS, MMC E-mail: cicrk(ioroxnxkevx.9uv CECELIA F. MCCOV City Clerk Dq,aty City Clerk May 18, 2016 CECELIA T. WEDR, CMC Auistxnt DeDaty City Clerk Tina Workman, President and CEO Downtown Roanoke, Inc. 213 Market Street Roanoke, Virginia 24011 Dear Ms. Workman: I am enclosing copy of Resolution No. 40519 - 051616 authorizing issuance and execution of a Downtown Service District Services Agreement between the City of Roanoke and Downtown Roanoke, Inc. to continue to provide services within the Downtown Service District, commencing July 1, 2016, and upon the same terms and conditions as the City's current agreement with DRI. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016. Sincerely, Stephanie M. Moon Re olds, M ec City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director of Economic Development 11 IN TI II: COUNCIL 01 '1'IIf: CI'PY Op ROANOKE, VIIZGINIA The 16th day of May, 2016. No. 40519 - 051616. A RESOLUTION authorising the City Manager's issuance and execution of a Downtown Service District Services Agreement ( "Agreement ") between the City of Roanoke ( "City ") and Downtown Roanoke, lnernporated ( "DRI ") to continue to provide services within the Downtown Service District; and 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 Agreement. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute an Agreement between the City and DRI for continued administration of the Downtown Service District, by providing for business development activity and other additional services that are not provided uniformly throughout the City, pursuant to Section 15.2 -2403, of the Code of Virginia (1950) as amended. The agreement shall be made at the same tax imposed rate as the current agreement ($.10 per $100.00 valuation of real estate) for an initial term of one year, subject to nine additional one year extensions thereafter, commencing July 1, 2016, and upon the same terms and conditions as the City's current agreement with DRI, all as more fully set forth in the City Council Agenda Report dated May 16, 2016. 2. The form of such Agreement shall be approved by the City Attorney. R -AWk, ,DOWeeln Ro,,oA, Service Diana Services Agreemam adh ran (5-16-16) 3. The City Manager is finther authorized to take such actions and execute such dOCUIrICntS as may be necessary to provide for the implementation, administration, and enforcement of the Agreement with DRI. ATTEST: Cit Cl y erk R- Downtown Roanoke Service Distnct Services Ageemern wish DR] (5- 16 -I6) 2 eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 16, 2016 Subject: Renewal of Downtown Roanoke Service District Services Agreement (CM16- 00041) Background In December, 1986, City Council adopted Ordinance No. 28453 - 120886, which established the Downtown Service District in the City of Roanoke. At that time, and for various terms since creation of the District, the City of Roanoke has entered into agreements with Downtown Roanoke, Inc. (DRI) in order for DRI to undertake the development activities and other such additional services that are not provided uniformly throughout the City, including economic and business development, promotional activities, and those other activities provided under State Code Section 15.2 -2403. The agreement between the City and DRI was last authorized by City Council on May 15, 2006, by Resolution No. 37397- 051 506 for a ten -year term to expire on June 30, 2016. On June 18, 2012, by Ordinance No. 39425- 061812, City Council authorized the expansion of the Downtown Service District boundaries to their current configuration to include the south Jefferson Street corridor and the South Jefferson Redevelopment Area generally. Considerations: DRI has informed the City of its desire to continue its contractual relationship with the City to provide services within the Downtown Service District. In its request, dated March 15, 2016, (see attached) DRI proposes to enter into an agreement with an initial one -year term with a series of nine, one year mutually agreed upon renewals which would potentially take the agreement forward from July 1, 2016, through June 30, 2026. All other terms and conditions contained in the current agreement, as amended, would carry forward into this new agreement, such as the boundaries of the district and the additional service district tax rate of $.10 per $100 valuation of real estate. Recommended Action: Adopt a Resolution authorizing the City Manager to execute a Downtown Service District Services Agreement between the City of Roanoke and Downtown Roanoke, Inc. (Agreement), such Agreement to be substantially similar to that which is attached to this report and to be approved as to form by the City Attorney. Furthermore, authorize the City Manager to take such further action as is necessary to implement, administer, and enforce such Agreement. a---- k ---------------- Christopher P. Morrill City Manager Attachment Distribution: Council Appointed Officers Brian Townsend, Asst. City Manager for Community Development Barbara A. Dameron, Director of Finance Wayne Bowers, Director of Economic Development Tina L. Workman, President and CEO, Downtown Roanoke, Inc. RECEIVED APR 0 B 2006 cm%= March 15, 2016 Roanoke-- Mr. Chris Morrill City Manager City of Roanoke 215 Church Avenue, Room 364 Roanoke, VA 24011 Re: Downtown Service District Agreement Dear Mr. Morrill: Please accept this letter as Downtown Roanoke Inc.'s (DRI's) formal request to renew the current contract (Downtown Service District Services Agreement, dated July I, 2006) between the City of Roanoke and Downtown Roanoke, Inc. for a period of ten (10) years beginning on July I, 2016. Our current contract to manage the area designated as the "Downtown Service District" terminates on June 30, 2016. DRI proposes that the new Agreement he the same as the current Agreement. Letters of support from members of our Board, owners of property located in the District, representatives of various enterprises, including retailers, farmers, restauranteurs, banks and others who have businesses, or do business, within the District will follow separately prior to the Council meeting in May. We believe the service DR[ has provided to the City under the current Agreement has had a positive impact on the District and has been beneficial to the City. It is our desire to continue this relationship in the future. If you have any questions or need additional information pertaining to this request, please contact meat 342 -2028, extension 10. Thank you for your consideration. Si rely, Workman President and CEO 213 Market Street • Roanoke, VA 24011 • 540.342.2028 • FAX 540.344 1452 www.downtow nr ckeorg • do @downtownroanoke.org DOWNTOWN SERVICE DISTRICT SERVICES AGREEMENT THIS AGREEMENT is dated this day of , 2016, by and between the CITY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia ( "City "), and DOWNTOWN ROANOKE, INCORPORATED, a corporation organized under the laws of the Commonwealth of Virginia ( "DRI "); WITNESSETH: BACKGROUND Sections 15.2 -2400 et. seq., of the Code of Virginia, 1950, as amended, provides in part that the governing body of a city may, by ordinance, designate a "service district" in order to provide additional or more complete services of government than are desired in the city as a whole. The governing body of a city may, under the provisions of § 15.2- 2403(4) of the Code of Virginia, contract with any firm to provide such additional governmental services in a service district. Under the provisions of § 15.2- 2403(6) of the Code of Virginia, the governing body may also levy and collect an annual tax on the property in a service district to pay the cost of providing additional governmental services in the district. Downtown Roanoke, Incorporated, is a non- profit corporation organized in 1960 for the purpose of promoting the preservation and development of the central business district of the City of Roanoke. In 1986, the Downtown Management Task Force of the City of Roanoke, under the aegis of Downtown Roanoke, Incorporated, recommended the establishment of a downtown service district (the "Downtown Service District') for the City of Roanoke to promote economic development, management and community relations in the downtown area. By letter of July 1, 1986 to the Honorable Clifton A. Woodrum, the Attorney General of Virginia opined that the purposes for which a City of Roanoke downtown service district would be established constitute "additional governmental services" within the meaning of § 15.1 -18.2 of the Code of Virginia as then in effect. On October 14, 1986, Downtown Roanoke, Incorporated, formally proposed to the City of Roanoke the creation of a Downtown Service District. On December 8, 1986, the Council of the City of Roanoke adopted Ordinance No. 28453 providing for the creation of a Downtown Service District for the City of Roanoke in order to: "provide additional governmental services not being offered uniformly throughout the entire City, including but not limited to, economic and business development and promotional activities intended to foster business retention, business recruitment and developer recruitment; planning for the development or revitalization of downtown and for the transportation and public facility and public space needs of downtown; and those public purposes enumerated in §15.1-18.2(b), Code of Virginia (1950), as amended." Ordinance No. 28453 amended the Code of the City of Roanoke (1979) by the addition of new Sections 32 -102, Downtown Service District Created; 32- 102.1, Additional Tax lmnosed: 32 -102.2 Downtown Service District Defined; 32- 102.3, Purposes of Tax and 32- 102.4, Other Powers and Duties the terms of Ordinance No. 28453 provide that it shall be in full force and effect on July 1, 1987. Ordinance No. 35963- 070102 amended Section 32 -102.3 (a) Purposes of Tax of the Code of the City of Roanoke by eliminating the two thousand dollar administrative fee charged by the City of Roanoke for collecting, accounting and administering the tax against the revenue derived from such tax in the Downtown Service District. Ordinance No. 39425 - 061812 amended Section 32 -102.2 (a) Downtown Service District Defined of the Code of the City of Roanoke by modifying the definition of the boundaries of the downtown service district to include the south Jefferson Street corridor and the South Jefferson Redevelopment Area generally. II. PURPOSE OF AGREEMENT The City of Roanoke desires to contract with Downtown Roanoke, Incorporated, as an independent contractor on behalf of the City, to foster economic advancement and development of the Downtown Service District, and Downtown Roanoke, Incorporated, desires to serve in such capacity, on the terms and conditions set forth below. III. AGREEMENT In consideration of the mutual covenants and obligations herein, the City and DRI covenant and agree as follows: 3.1. Independent Contractor Relationship. During the term of this Agreement, DRI shall be the independent contractor of the City for the purpose of undertaking the development activities in the Downtown Service District as defined by geographic boundary in § 32- 102.2, Code of the City of Roanoke (1979), with tax revenues generated from the Downtown Serviec District pursuant to City Code § 32- 102.1. In the event that the geographic boundaries of the Downtown Service District are amended by City, the area covered by this Agreement shall be automatically amended to correspond to the boundaries as then defined without the need to take further action hereunder. City agrees not to create any other contiguous predominantly business service district without first evaluating the possibility of expanding the Downtown Service District to cover the proposed area. 3.2. Term. The term of this Agreement shall initially be for one year, commencing July 1, 2016, and ending on June 30, 2017. However, the term of this Agreement shall be automatically extended on each July, commencing July 1, 2017, for an additional one year term until June 30, 2026, at which time this Agreement shall terminate, unless the Agreement is terminated earlier by either party under the provisions of Section 3.15 herein. 3.3. Activities to be Undertaken. Funds made available to DRI will be applied to provide additional governmental services to the Downtown Service District which are not being offered uniformly throughout the entire City, including but not limited to: (a) Economic and business development and promotional activities intended to foster business retention, business recruitment and developer recruitment; planning for the development or revitalization of downtown Roanoke and for the transportation and public facility and public space needs of downtown Roanoke; and (b) Those other activities set forth in Virginia Code § 15.2- 2403 as shall be agreed upon from time to time by the City Manager and DRI. 3.4. Prohibited Activities. No Downtown Service District funds from the City shall be expended by DRI for the following purposes: (a) Promotion of individual businesses; (b) Support of partisan political activities or lobbying of any legislative body, including the Roanoke City Council; (c) Acquisition of real property or construction of public facilities, except with the express consent of the Roanoke City Council; (d) Promotion or development of any area outside the Downtown Service District not incidental to promotion or development of the Downtown Service District. 3.5. Overhead Reimbursement. The parties contemplate that the activities undertaken by DRI in connection with the Downtown Service District will constitute the principal activity of DRI during the term of this Agreement. As compensation for its services, DRI shall be entitled to apply from the funds received from the City an amount sufficient to cover a pro -rata share of DRI's overhead expense, including salaries and benefits, expenses and rents, based on total DRI receipts. 3.6. Work Program Budget. No later than May I of each year during the term of this Agreement, DRI shall submit to the City Manager for approval, a work program and budget setting forth in reasonable detail the Downtown Service District activities planned for the next year and the anticipated expenditures of City funds involved. The City Manager shall approve or otherwise respond to the proposed work program and budget no later than June 1 in order that any necessary modifications be settled upon before July 1. Within the parameters established by the approved program and budget, and subject to the express limiting terms and conditions of § 15.2 -2400 et. seq., of the Code of Virginia (1950) as amended, and § 32 -102 et. seq., of the Code of the City of Roanoke (1979) as amended, and of this Agreement, DRI shall have the discretionary authority to carry out the Downtown Service District activities in such manner as it deems appropriate. 3.7. Disbursements to DRI. (a) For purposes of this section, the phrase "actual net revenues" shall mean actual tax receipts to the City under § 32- 102.1, Code of the City of Roanoke. In no year shall total payments to DRI exceed actual net revenues for the year. (b) The City Director of Finance shall prior to March I make an estimate of actual net revenues to be received by the City pursuant to § 32 -102.1 during the next succeeding fiscal year. Such estimate shall be provided to DRI prior to March l of each year for use by DRI in planning and budgeting for the next succeeding fiscal year (July 1 to June 30). (c) The City shall make two payments to DRI: one on October 15 and one on April 15. The first payment shall be in an amount equal to one -half of the City Director of Finance's estimate of actual net revenues to the City under § 32 -102.1 for the City's fiscal year. The second payment shall be in an amount equal to one -half of the City Director of Finance's estimate of actual net revenues to the City under § 32- 102.1 for the City's fiscal year. At the conclusion of each fiscal year, the City shall compare actual net revenues for such fiscal year to the payments made to DRI during such fiscal year, and on or before July 15 of each year, the City shall provide DRI with a detailed accounting of property assessments for all properties in the Downtown Service District. The City shall pay to DRI the difference between actual net revenues and the total amount of the payments made to DRI prior to the conclusion of the fiscal year. Should the total amount of the two payments made to DRI in any fiscal year exceed actual net revenues, then the amount of such overpayment shall be withheld from the first payment for the next fiscal year or as mutually agreed upon. 3.8. Subcontracting. It is contemplated that DRI will from time to time contract with firms and individuals for the acquisition of goods or services in the furtherance of the activities contemplated by this Agreement. DRI will not enter into any contract relating to activities contemplated by this Agreement or involving the expenditure of funds provided to DRI by the City under this Agreement where the amount of such contract is $5,000 or more without written authorization of the City Manager unless the amount of the contract sum and the nature of the goods or services to be acquired were disclosed in the work program and budget submitted for the year in which the contract is to commence. 3.9. Books and Records, Audits. DRI shall keep accurate books and records of all City funds received and disbursed, and of all activities undertaken pursuant to this Agreement. DRI will make such books and records available to the Municipal Auditor of the City or other independent auditor selected by the City during its regular office hours. 3.10. Contacts with Prospective Developers. DRI shall inform the City's Director of Economic Development on a regular basis of all contacts with or by potential developers with interest in the Downtown Service District. A representative from the City's Department of Economic Development shall have the right to be present at any presentations by or to interested developers. 3.11. Board of Directors. During the term of this Agreement, DRI shall elect one representative designated by the City Manager to be an ex officio member of the Board of Directors of DRI with full voting rights and privileges. 3.12. Indemnification. DRI shall indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against the City or its officers, agents or employees, and for expenses the City may incur in this regard, arising out of DRI's sole and exclusive negligent acts or omissions, intentional and unintentional, with respect to carrying out this Agreement or exercising any rights, privileges or duties granted by the City to DRI through this Agreement. DRI shall have no indemnification obligation with respect to any claim, legal action, judgment, loss, cost, expense or damage for which a demand for indemnification is not received by DRI on or prior to the date which is five years from the date of expiration or termination of this Agreement. 3.13. Insurance. (a) DRI shall obtain and maintain, and require any subcontractor to obtain and maintain, during the life of this Agreement a policy or policies of comprehensive general liability insurance with an insurance company or companies licensed to do business in Virginia, which policy or policies shall provide coverage with respect to claims arising out of the subject matter of this Agreement. The amount of such insurance shall not be less than 1. In the case of bodily injury liability insurance, $1,000,000.00 for injuries, including death, to one person in any one occurrence, and $2,000,000.00 annual aggregate; 2. In the case of property damage insurance, $1,000,000.00 for damage in any one occurrence, and $2,000,000.00 annual aggregate; 3. The above amounts may be met by "umbrella" coverage provided that such "umbrella" coverage shall pick up at the maximum levels of underlying coverage so that there shall be no gaps in coverage. (b) DRI, and any subcontractor, shall name the City and its officers, agents and employees, as additional insureds on the above policies. (c) DRI shall furnish the City with certificates evidencing the required coverage and containing a statement to the effect that the coverage shall not be cancelled or materially altered except after ten (10) days' written notice to the City. DRI shall be responsible to maintain in their files, copies of any subcontractor certificates. (d) During the life of this Agreement, DRI shall furnish the City with a fidelity bond on its employees in an amount not less than S 100,000.00, 3.14. Assignment. Neither the City nor DRI may assign its rights or obligations hereunder without the prior written consent of the other. 3.15. Notices. Any notices required by the terns of this Agreement shall be deemed to have been given when delivered in person to or deposited in the U.S. mail, postage pre -paid, registered, or certified, addressed to: If to the City: City Manager Noel C. Taylor Municipal Building Room 364 215 Church Avenue, S.W. Roanoke, VA 24011 Copy to: Director of Economic Development City of Roanoke 117 Church Avenue, S.W. Roanoke, VA 24011 If to DRI President and CEO Downtown Roanoke, Incorporated 213 Market Street Roanoke, VA 24011 or at such other address as each party may designate for itself by notice given in accordance with this Section 3.15. 3.16. Termination. The City or DRI may terminate this Agreement at any time, for cause, by giving notice pursuant to Section 3.15 of this Agreement provided that reasonable notice and opportunity to cure shall first be afforded. The City may terminate this Agreement at any time if DRI applies funds paid to DRI by the City for any purpose other than the purposes contemplated by this Agreement, provided that reasonable notice and opportunity to cure shall first be afforded. 3.17. Employment Discrimination Prohibited. (A) During the performance of this Agreement, DRI agrees as follows: 1. DRI 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 DRI. DRI agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. DRI, in all solicitations or advertisements for employees placed by or on behalf of DRI, will state that DRI is an equal opportunity employer. iii. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. (B) DRI will include the provisions of the foregoing Section A (i, ii, and iii) in every subcontract or purchase order of over 510,000, so that the provisions will be binding upon each subcontractor or vendor. 3.18. Drug Free Workplace. During the performance of this Agreement, DRI agrees to (i) provide a drug -free workplace for DRI's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of DRI that DRI maintains a drug -free workplace, and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug -free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. 3.19. Faith Based Organizations. Pursuant to Virginia Code Section 2.2-4343. 1 be advised that the City does not discriminate against faith -based organizations. 3.20. Payments To Others By DRI. DRI agrees that DRI will comply with the requirements of Section 2.2 -4354 of the Virginia Code regarding DRI's payment to other entities and DRI will take one of the two actions permitted therein within seven (7) days after receipt of amounts paid to DRI by the City. DRI further agrees that DRI shall indemnify and hold the City harmless for any lawful claims resulting from the failure of DRI to make prompt payments to all persons supplying DRI equipment, labor, tools, or material in connection with the work provided for in the Agreement. In the event of such claims, the City may, in the City's sole discretion, after providing written notice to DRI, withhold from any payment request or final payment the unpaid sum of money deemed sufficient to pay all appropriate claims and associated costs in connection with the Agreement and make such payment, if the City determines it to be appropriate to do so. 3.21. Compliance With Laws And Regulations, And Immigration Law. DRI agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations, including, but not limited to all applicable licensing requirements, environmental regulations, and OSHA regulations. DRI further agrees that DRI does not and shall not during the performance of its Agreement; knowingly employ an unauthorized alien as defined in the Federal Immigration Reform & Control Act of 1986. 3.22. Forum Selection And Choice Of Law. This Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without application of Virginia's conflict of law provisions. Venue for any litigation, suits, and claims arising from or connected with this Agreement shall only be proper in the Roanoke City Circuit Court, or in the Roanoke City General District Court if the amount in controversy is within the jurisdictional limit of such court, and all parties to this Agreement voluntarily submit themselves to the jurisdiction and venue of such courts, regardless of the actual location of such parties. The provisions of this Agreement shall not be construed in favor of or against either party, but shall be construed according to their fair meaning as if both parties jointly prepared this Agreement. 3.23. Severability. If any provision of this Agreement, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected and all other terms and conditions of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 3.24. Contractual Disputes. Contractual claims, whether for money or for other relief, shall be submitted, in writing, no later than sixty (60) days after the earlier of the final payment or termination of the Agreement or notice from the City to DRI that the City disputes the amount of DRI's request for final payment. However, written notice of DRI's intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such notice is a condition precedent to the assertion of any such claim by DRI. A written decision upon any such claims will be made by the City Manager or the City Manager's designee (hereafter City Manager) within thirty (30) days after submittal of the claim and any practically available additional supporting evidence required by the City Manager. DRI may not institute legal action prior to receipt of the City's decision on the claim unless the City Manager fails to render such decision within 120 days from submittal of DRI's claim. The decision of the City Manager shall be final and conclusive unless DRI within six (6) months of the date of the final decision on a claim or from expiration of the 120 day time limit, whichever occurs first, initiates legal action as provided in Section 2.2 - 4364, of the V a. Code. Failure of the City to render a decision within said 120 days shall not result in DRI being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the City's failure to render a decision within said 120 days shall be DRI's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365 of the Va. Code has been established for contractual claims under this Agreement. 3.25. Agreement Subject To Funding. This Agreement is subject to funding and/or appropriations from federal, state, and /or local governments and /or agencies. If any such funding is not provided, withdrawn, or otherwise not made available for this Agreement, DRI agrees that the City may terminate this Agreement on seven (7) days written notice to DRI, without any penalty or damages being incurred by the City. DRI further agrees to comply with any applicable requirements of any grants and /or agreements providing such funding. 3.26. Ethics In Public Contracting. The provisions, requirements, and prohibitions as contained in Sections 2.2 -4367 through 2.2- 4377, of the Va. Code, pertaining to bidders, offerors, contractors, and subcontractors are applicable to this Agreement. 3.27. Compliance With State Law; Foreign And Domestic Businesses Authorized To Transact Business In The Commonwealth Of Virginia. DRI 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 nonstoek 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. DRI 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 Agreement. The City may void the Agreement if DRI fails to remain in compliance with the provisions of this section. IN WITNESS WHEREOF, the parties hereto have executed this Downtown Service District Services Agreement as of the date first written above. ATTEST: City Clerk ATTEST: Its Secretary Funds approved for this contract: Director of Finance Acct # Approved as to Form: City Attorney Approved as to Execution: City Attorney CITY OF ROANOKE, VIRGINIA Christopher P. Morrill, City Manager DOWNTOWN ROANOKE, INCORPORATED President & CEO 1 n I I,►�Ii►��il:►I 4 v 7 , WHAT WE DO Clean and Safe Initiatives Beautification Economic Development Event Management Marketing Management of Historic Farmer's Market CLEAN AND SAFE INITIATIVES • Trash Compactor Program • Big Belly Solar Compactors - DRI purchased and donated 26 of these units to the City • Downtown Ambassador Program - DRI hired a downtown ambassador to keep sidewalks free of litter and debris, welcome visitors, and be a presence in the Market Area • Bird Abatement Program • Meet regularly with City Departments w i, Downtown Ambassador Big Belly Solar Compactor BEAUTIFICATION Hanging Basket Program • DRI added over 150 new baskets to the downtown area • DRI added 10 additional planters along Market Street with the goal of adding more this year along Jefferson Street • DRI plants Market Square, Market Street, and Century Plaza with donations from various businesses and farmers Hanging Baskets �J Market Planters ECONOMIC DEVELOPMENT • Retail Recruitment Brochure • Store Front Activation Program • Business Recruitment Mailing • Monthly Business Visits • Data Collection /Property Availability • Downtown Starline Trolley • Programs tailored specifically for business • Downtown Restaurant Week • Downtown Sidewalk Sale • Downtown Office Tour ROCtfIOk\ Restaurant Week sidewalk ii1 SALE An a0aa iltait ••, mew bn,im ECONOMIC DEVELOPMENT • Resident Welcome Kit • Downtown Plan • Meet Quarterly with Retail /Restaurants • Business Welcome Packets Resident Welcome Kit "II; 44 bbY O aDOW NTOW N 0LIVI NG Resident Welcome Kit EVENT MANAGEMENT (UNDER SEPARATE CONTRACT) DRI is the permitting agent for the City of Roanoke. DRI processed over 250 permits last year. DRI produces 10 major events a year and brings more than 100,000 people downtown annually. Elmwood on Ice Dickens of a Christmas Downtown Restaurant Week City Market Saturdays Party in the Market Summer Concert Series Party in the Elmwood Movies in the Market St. Patrick's Day Parade Downtown Sidewalk Sale Summer Concert Series Movies in the Market St. Patrick's Day Parade ELMWOOD ON ICE In partnership with the City of Roanoke DRI created and managed an outdoor Ice Rink in Elmwood Park. This new outdoor Winter attraction drew over 13,500 people into the downtown area. 0 SUMMER CONCERT SERIES DRI partnered with the City of Roanoke for the kick off "Welcome to Elmwood Concert featuring Sheryl Crow" which drew 4,500 in attendance. DRI created a Summer Concert Series that draws over 10,000 attendees into Elmwood Park. Welcome to Elmwood Concert featuring Sheryl Crow Joan Jett - Summer Concert Series Downtown Map MARKETING New Website - Downtown Roanoke.org E- Newsletter Gift Card Program Downtown Map Marketing Campaigns Young Professional Campaign An Address that Mean Business Event Marketing Holiday Shopping s r4 K t'rve Work New Website l� Gift Card e Gift Cards Young Professional Campaign HISTORIC ROANOKE CITY MARKET (UNDER SEPARATE CONTRACT) • Actively recruit new vendors to the market; maintain a 65/35 ratio from Farmer to Crafter • Grown the Snap /EBT program to include a dollar for dollar match up to $15 • Produce weekly events in the Market • Secured HUD Improvement Grant to renovate the Market with new awnings, tables, electrical upgrades, fans, painting and signage Activities on the Historic Roanoke City Market DOWNTOWN HIGHLIGHTS • Expanded the Service District in 2011 to include all of the Jefferson Street Corridor • All property owners are designated as free members of the organization • Assisted in the Renovation of Market Square • Assisted in the Renovation of Elmwood Park • Involved in the upcoming Downtown Plan CWLION( 1 1 N R May 5, 2016 Mr. Chris Morrill City Manager City of Roanoke 215 Church Avenue, Room 364 Roanoke, VA 24011 Dear Chris I would like to pledge my support for the current efforts by Downtown Roanoke, Inc. to renew their Service District contract; a contract that allows them to manage and promote the Downtown Service District. Through my leadership roles with DRI I know it has long been a positive force in the downtown area for many years. DRI has been a proponent and supporter of downtown living, business recruitment, clean and safe initiatives. as well as beautification. DRI currently manages the Historic Farmers Market, and produces City of Roanoke events; such as Dickens of a Christmas and St. Patrick's Day Parade and Festival. Additionally, DRI has worked diligently on many other important issues such as vagrancy. litter. parking. storefront improvements and bird abatement. Over the years, DRI has made significant progress in realizing it's vision of making the downtown a 24 -hour center of activity for all ages to visit, work, live and play. I am also proud of DR['s work to expand downtown to include South Jefferson Street and the Riverside Center. It has an important mission to attract, retain and expand the number of businesses, visitors and residents in the downtown. I hardily support DRI's renewal of the downtown service district and present it to Roanoke City Council for their approval. Sinwel}, Curtis E. Mills, Jr. Senior Vice President Po.tOilice Bux 13 "7 Roauok.. %'iruinitt '- 10;6 -;7 -' IblrPhonr �J(j- Qs'j -tJi.l • City Market Saturdays • Harvest Festival • Movies in the Market • Downtown Restaurant Week • Downtown Roanoke Sidewalk Sale Over the last few years. DRI has integrated the expanded district into their work plan. expanded W i -Fi, assisted with opening and programing Elmwood Park, as well as the trash compactors, the solar trash bins, hanging baskets etc. As a citizen of Roanoke City and a long -term downtown worker, the return the city and the service district taxpayers gets from DRI is outstanding. I whole- heartedly the support the renewal to the contract. Tina Workman and her staff have worked tirelessly, for the improvement of the service district and I my opinion there is no other group that could achieve the accomplishments of DRI. Sincerely, 6U r. William D. Poe Executive Vice President Hall Associates hailassociatasinc.com W—d—I CCM, SAM. CM. SSA. MW , ICSC 21252•ax•PPSbrt. t•100],a .MNA2.Ott SM- 912-0011PMM M M- t200h• VIRGINIA MUSEUM OF TRANSPORTATION April 11, 2016 Mr. Chris Morrill City Manager City of Roanoke 215 Church Avenue, Room 364 Roanoke, VA 24011 Dear Chris, I would like to pledge my support for the current efforts by Downtown Roanoke, Inc. to renew its Service District contract, a contract that allows DR] to manage and promote the Downtown Service District. As a board member of DR[ for over 20 years and a current member of the Foundation for Downtown Roanoke, 1 have participated in the process and have seen the benefits accrue to the City of Roanoke. This arrangement has led to great innovation and progress. The changes in downtown since 1979 are a miracle to see and it is clear that the public /private partnership between the City of Roanoke and DRI continues to work well. With all the projects underway from the Church Avenue hotel to the Thornton construction at Williamson Road, the success of the amphitheater and new announcements for the VTC, and more apartments on South Jetierson, it is clear that we are working together and doing great things, notjust for the City of Roanoke but for the Valley and Western Virginia as well! We urge you and members of the Roanoke City Council to support renewal of our partnership in the Downtown Service District as we move the core of Western Virginia -- Downtown Roanoke, our crownjewel— forward Sincerely -� �'Jt✓ Beverly T. Fitzpatrick, Jr. Executive Director Virginia Museum of Transportation, Inc. 540- 767 -4640 vmt. org 303 Norfolk A>e SW Roa ,oxe VA 24016 (540) 342 5670 fllc COMMON WCq LTH'S 0�1ICiAL TRANSPOPT47ION USFUIM VIRGINIAS BLUE RID EG 1J ,VISITVAHLUERIDGE. COM April 15, 2016 Mr. Chris Morrill City Manager City of Roanoke 215 Church Avenue, Room 364 Roanoke, VA 24011 Dear Mr. Morrill, I would like to pledge my support for the current efforts by Downtown Roanoke, Inc, to renew their Service District contract; a contract that allows them to manage and promote the Downtown Service District. DRI has long been a positive force in the downtown area for over 60 years. DRI has been a proponent and supporter of downtown living, business recruitment clean and safe initiatives, as well as beautification. DRI currently manages the Historic Farmers Market, and produces City of Roanoke events; such as Dickens of a Christmas and St. Patrick's Day Parade and Festival. Additionally, DRI has worked diligently on unglamorous, but necessary issues, as vagrancy, litter, parking, and bird abatement. Over the years, DRI has made significant progress in realizing its vision of making the downtown a 24 -hour center of activity for all ages to visit, work, live and play. I want to support their mission of attracting, retaining and expanding the number of businesses, visitors and residents in the downtown. Again, I support DRI's renewal of the downtown service district and present it to Roanoke City Council for their approval. Sincerely, Landon C. Howard President Roanoke Valley Convention & Visitors Bureau 101 Snenank,l A,,-, NE fta -ke, Virginia 24G16 2044 040.3426025 1 800 6355535 lax 540342.7119 Hift:Re PARTNERS LLC Apri115, 2016 Mr Chris Morrill City Manager City of Roanoke 215 Church Avenue, Room 364 Roanoke, VA 24011 Re: Downtown Roanoke, Inc, Service Contract Dear Chris, I would like to express my support for the current efforts by Downtown Roanoke, Inc. to renew their Service District contract. DRI has long been a positive farce in downtown, as a proponent ind supporter of downtown living, as a resource for business recruitment and retention, and as an advocate for clean and safe beautification initiatives such as the creation of %larket Square plaza_ DRI plays many important roles - seen and unseen -such as managing the Historic Fanners Market and producing City wide events such as Dickens of a Christmas and St. Patrick's Day Parade and Festival, as well as working diligently on unglamorous, morous but necessary issues, such as vagracy, litter, parking, and bird abatement. Over the years, DRI has made significant progress realizing its vision for Roanoke s downtown as a 24- hour center of activity for all ages; a safe and attractive place to visit, to work and to live_ I want to express my support for their mission of attracting, retaining and eepain ing the number of businesses, visitors and residents in the downtown. Again, I support DRI', rennval of the downtown service district and present it to Roanoke City Council for their approval. Sincerely, P--Q Lucas L Thornton Managing Member The HisLRe Partners, LLC C",g'z/ — ao Gco. CONSOLIDATED April 13, 2016 Mr. Chris Morrill City Manager City of Roanoke 215 Church Avenue, Room 364 Roanoke, VA 24011 Dear Mr. Morrill, 1 would like to pledge my support for the current efforts by Downtown Roanoke, Inc. to renew their Service District contract; a contract that allows them to manage and promote the Downtown Service District. DRI has long been a positive force in the downtown area for over 60 years. DRI has been a proponent and supporter of downtown living, business recruitment, clean and safe initiatives, as well as beautification. DRI currently manages the Historic Farmers Market, and produces City of Roanoke events; such as Dickens of a Christmas and St. Patrick's Day Parade and Festival. Additionally, DRI has worked diligently on unglamorous, but necessary issues, as vagrancy, litter, parking, and bird abatement. Over the years, DRI has made significant progress in realizing its vision of making the downtown a 24 -how center of activity for all ages to visit, work, live and play. I want to support their mission of attracting, retaining and expanding the number of businesses, visitors and residents in the downtown. Again, I support DRI's renewal of the downtown service district and present it to Roanoke City Council for their approval. Sincerely, W &— Ellie White Coca -Cola Bottling Co. Consolidated ROANOKE REGIONAL AIRPORT COMMISSION 5202 Aviation Drive Roanoke, VA 24012 -1148 (540) 362 -1999 FAX(540)563A838 www roanokoairporf corn RECEIVED April 12, 2016 APR 1 8 1pS6 CiTV r,IA��u arri Mr. Chris Morrill City Manager City of Roanoke 215 Church Avenue, Room 364 Roanoke,VA 24011 Dear Mr. Morrill: On behalf of the Roanoke - Blacksburg Regional Airport and the Roanoke Regional Airport Commission, I would like to pledge support for the current efforts by Downtown Roanoke, Inc. to renew their Service District contract; a contract that allows them to manage and promote the Downtown Service District. DRI has been a positive force in the downtown area for over 60 years. It has been a proponent and supporter of downtown living, business recruitment, clean and safe initiatives, as well as beautification. DRI currently manages the Historic Farmers Market, and produces City of Roanoke events such as Dickens of a Christmas and the St. Patrick's Day Parade and Festival. For the 2015 -16 winter season, the Roanoke - Blacksburg Regional Airport was one of the co- sponsors with DRI for the successful downtown ice rink. DRI also has worked meticulously on unglamorous, but necessary issues, as vagrancy, litter, parking and bird abatement. Over the years, DRI has made significant progress in realizing its vision of making the downtown a 24- hour center of activity for all ages to visit, work, live and play. As a board member of DRI, I fully support their mission of attracting, retaining and expanding the number of businesses, visitors and residents in the downtown area and the benefits to the region it provides. It also creates an exciting destination that could drive traffic through the airport. Again, I support DRI's renewal of the downtown service district and present it to the Roanoke City Council for their approval. Sincerely, Tim Bradshaw Executive Director �a APPALACHIA PRESS r, blr. Chris %I I'll Apil 10 20J6 ( (I M........ ( it, of Roam,k, 21 i Chuxh A 111LIC, Kou:n lbq R,, k,-. A A 2101 I D"i, :ILI,, Morrill, I any. 1" 4111111 y:uppal'i U..... nRunoin ln:. I.r r,wu d,n.rner 111: u,o:'ra; i; .:u.. ll,lL, d i ...... k ,,aura_, np nd R", okr ,,n,i rrdi'oi,- :A.,a rP�„arJ ,A1IInbLl f11 . ,Irr -I•. anJ h ,p.,a Ql.,l l)Rl has maJ , "ill a:c111-1 1'11 br, l,ldr be hnvins: l d'dlcntrd, IL;mLrd cl(nn m 111,11L .Ind 1 ...ed ou Ih D -rowu Srn i,1 I),,Mcl. I could like ro>PC this nw:n.nrton amlinuc pmuuniu�; dounto,o-n In iu3 anJ nur nlad lu:n 4 -alit I IL , I ,u [11 �,F "';il rr n ,i F, ly tininq ,c., J! I I I I I ,Il,na1p ,IOIII, I d1 1 n, 1 clI ,p -,.1 .,i c, nh d, r n[,1 r, d`.,lo; pa, ml.n,. .'.rIII ,II iin lh„ 11IC„urcl l ,.,ngin I, Iiiaorcl ur. AL,rka, .,nd ' 1 i I, i Cil, I anokr 1LIiI .wd, Io., ical. lA ?Bin. I .nppo:I I )RI. L.. and tnc ,cnrk IIL" Jo. It... . J ',n to k t rn, III Al,pulaJria Prs R.,,Yw R aln:Nr;y .Owr "...III /Ua S i,u:L -,)L 57mhs Ar uI'SA4 11', JHV I1 11,1vI IJ: S.V.1 -9f iVLALI -, 11. RO.A 111 F1 +n„ )1V -j41 ,' L)6 dl'VAL {(IIId;'I l- f4r4 -0vI y11_II Foamke City Market MR.3 Mvket Acct Roanoke, NA NOl t 540341_6061 340341 -6061 May I, 2016 Mr. Chris Morrill City Manager City of Roanoke 215 Church Avenue, Room 364 Roanoke, VA 24011 Dear Mr. Morrill: As a Roanoke native and one who has been in school or working downtown since 1986, 1 have seen Downtown Roanoke evolve into thisiewel that it is. One of the largest reasons for today's downtown is the tireless, dedicated work of Downtown Roanoke Inc. I would like to pledge my support for the renewal of the Service District contract allowing DRI to continue to manage and promote the Downtown Service District. DRI has been a proponent and supporter of downtown living, business recruitment, clean and safe initiatives, as well as beautification. DRI currently manages the Historic Farmers Market, and produces City of Roanoke events; such as Dickens of a Christmas and St. Patrick's Day Parade and Festival. Additionally, DRI has worked diligently on unglamorous, but necessary issues, as vagrancy, litter, parking, and bird abatement. The mission for DRI is to make downtown the place for all ages to visit, work, live, play and, I would add, SHOP. As a co -owner of our family business, chocolatepaper, I feel it is imperative to develop and augment the retail offerings in downtown. I look forward to seeing how DRI completes this task as they have so many others. Thank you for your commitment and dedication to downtown, Mr. Morrill. Please continue that in supporting the renewal of the downtown service district and presenting it to Roanoke City Council for their approval. Sincerely. Melissa Palmer Melissa Palmer chocolatepaper nn...cho..."" aperr0an.A,, 00 Mav 5. 2016 Mr. Chris Morrill City Manager City of Roanoke 215 Church ANenne. Room 364 Roanoke. VA 24011 Dear Mr. Morrill I would like to pledge my support for the current efforts by Downtown Roanoke. Inc. to renew their Service District contract a contract that allotis them to manage and promote the Doentos'n Service District. DRI has long been a positive force in the doiatown area for over 60 years. DRI has been a proponent and supporter of d00911oNn living, business recruitment, clean and safe initiatives. as well as beautification. DRI currently manages the Historic Farmers Market. and produces City of Roanoke events: such as Dickens of a Christmas and St. Patrick's Day Parade and Festival. Additionally, DRI has worked diligently on unglamorous but necessary issues. as vagrancy. I ticr, parking, and bird abatement. Over the years, DIU has made significant progress in realizing its vision of making the docymown a 24 -hour center of activity for all ages to visit, wnrk, live and plat. I want to wpport their mission of attracting, retaining and expanding die number of-businesses. visitors and residents in the dowmoivn. Again. I support DR I's renewal of the downtown sen -ice district and present it to Roanoke City Council for their approval. Sincerek. Bethany M Sherman Cos Communications March 15, 2016 Mr. Chris Morrill City Manager City of Roanoke 215 Church Avenue. Room 364 Roanoke, VA 24011 Dear Mr. Morrill I would like to pledge my support for the current efforts by Downtown Roanoke, Inc. to renew their Service District contract; a contract that allows them to manage and promote the Downtown Service District. DRI has long been a positive force in the downtown area for over 60 years. DRI has been a proponent and supporter of downtown Living, business recruitment, clean and safe initiatives, as well as beautification. DRI currently manages the Historic Farmers Market, and produces City of Roanoke events; such as Dickens of a Christmas and St. Patrick's Day Parade and Festival. Additionally, DRI has worked diligently on unglamorous. but necessary issues, as vagrancy, litter. parking, and bird abatement. Over the years, DRI has made significant progr'es's in realizing its vision of making the downtown a 24 -hour center of activity for all ages to visit, work, live and play. I want to support their mission of attracting, retaining and expanding the number of businesses, visitors and residents in the downtown. Again, I support DRI's renewal of the downtown service district and present it to Roanoke City Council for their approval. Sincerely. Tim Belcher Historic City Fainters Market Vendor Rolling Meadows Farms March 15. 2016 Mr. Chris Morrill City Manager City of Roanoke 215 Church Avenue, Room 364 Roanoke, VA 24011 Dear Mr. Morrill I would like to pledge my support for the current efforts by Downtown Roanoke, Inc. to renew their Service District contract; a contract that allows them to manage and promote the Downtown Service District. DRI has long been a positive force in the downtown area for over 60 years. DRI has been a proponent and supporter of downtown living, business recruitment, clean and safe initiatives, as well as beautification. DRI currently manages the Historic Farmers Market, and produces City of Roanoke events: such as Dickens of a Christmas and St. Patrick's Day Parade and Festival. Additionally, DRI has worked diligently oil unglamorous, but necessary issues, as vagrancy. litter, parking, and bird abatement. Over the years. DRI has made significant progress in realizing its vision of making the downtown a 24 -hour center of activity for all ages to visit, work, live and play. I want to support their mission of attracting_ retaining and expanding the number of businesses, visitors and residents in the downtown. Again, I support DRI's renewal of the downtown service district and present it to Roanoke City Council for their approval. Sincerely, Mark Woods Woods Fayins March I5. 2016 Mr. Chris Morrill City Manager City of Roanoke 215 Church Avenue, Room 364 Roanoke. VA 24011 Dear Mr. Morrill I would Like to pledge my support for the current efforts by Downtown Roanoke, Inc. to renew their Service District contract; a contract that allows them to manage and promote the Downtown Service District. DRI has tong been a positive force in the downtown area for over 60 years. DRI has been a proponent and supporter of downtown living, business- recruitment, clean and safe initiatives, as well as beautification. DRI currently manages the Historic Farmers Market, and produces City of Roanoke events; such as Dickens of a Christmas and St. Patrick's Day Parade and Festival. Additionally, DRI has worked diligently on unglamorous, but necessary issues, as vagrancy, litter, parking, and bird abatement. Over the years. DRI has made significant progress in realizing its vision of making the downtown a 24 -hour center of activity for all ages to visit, work, live and play. I want to support their mission of attracting, retaining and expanding the number of businesses. visitors and residents in the downtown. Again. I support DRI's renewal of the downtown service district and present it to Roanoke City Council for their approval. Sinccre[N. / Q611- I �tv"""�i Don Petersen Downtown Property Owner Fw: Downtown Roanoke Inc Service District contract Chris Morrill Brian Townsend 04/27/20160924 AM Chris Morrill City of Roanoke Confidentiality Notice: This e -mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information or otherwise protected by law. If you are not the intended recipient, please contact the sender by reply e -mail immediately and destroy all copies of the original message. - - - -- Forwarded by Chris Morrill /Employees /City_of_Roanoke on 04/2712016 09:24 AM - - - -- From. "Leeson, Todd A." <Leeson @gentrylocke.com> To '.chris.morrill @roanokeva.gov" <chris.morriil @roanokeva.gov>, Cc. "tinaw @downtownroanoke.org" <tinaw @downtownroanoke.org>, "Maria St. Clair" <ma rias @downtown manoke.org> Date. 04/27/2016 09'20 AM Subject. Downtown Roanoke Inc Service District contract Hi Chris. I write in my capacity as a partner with Gentry Locke. I am also on the DRI Board. 1 request that the City renew its Service District contract with DRI- I support DRI's- renewal of the downtown service district and believe DRI is effective in its role as an advocate for downtown as a play to work, visit, live and play, web I bio I map Todd A. Leeson Direct: 540.983.9437 1 Cell: 540 815 8033 This email may contem confidential or privileged Information If you are not the Intended recipient please advise by return email and delete immediately without reading /forwardirm to others. This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit htto. / /www.mimecastcom r3" CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -5541 Fax: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail: clerk@roanokeva.gpv CECELIA F. MCCOY City Cisrk Deputy City Clerk CECELIA T. WEBB, CIVIC Assistant Deputy City Clerk May 18, 2016 Wendy J. Jones, Executive Director Williamson Road Area Business Association, Inc. 4804 Williamson Road, N. W. Roanoke, Virginia 24012 Dear Ms. Jones: I am enclosing copy of Resolution No. 40520 - 051616 authorizing the issuance and execution of an Agreement between the City of Roanoke and Williamson Road Area Business Association to provide services within the Williamson Road Area Service District commencing July 1, 2016, and upon the same terms and conditions as the City's current agreement with WRABA. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016. Sincerely, 44a" u , m. M D� 60c � Stephanie M. Moon Re nolds, M City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Brian Townsend, Assistant City Manager for Community Development Chris Chittum, Director of Planning, Building, and Development Wayne Bowers, Director of Economic Development IN TI Ili COt1NCll, OP T'111; CITY OF ROANOKE, VIRGINIA The 16th day of May, 2016. No. 40520- 051616, A RFSOLUTION authorizing the City Manager's issuance and execution of a Williamson Road Area Service District Services Agreement ( "Agreement') between the City of Roanoke ( "City ") and Williamson Road Area Business Association, Inc. ( "WRABA "), to continue to provide services within the Williamson Road Area Service District; and authorizing the City Manager to take such actions and execute such documents as may he necessary to provide for the implementation, administration, and enforcement of such Agreement. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute an Agreement between the City and WRABA for continued administration of the Williamson Road Area Service District, by providing for business development activity and other additional services that are not provided uniformly throughout the City, pursuant to Section 15.2 -2403, of the Code of Virginia (1950) as amended. The Agreement shall be made at the same tax imposed rate as the current agreement ($.10 per $100.00 valuation of real estate) for an initial term of one year, subject to nine additional one year extensions thereafter, commencing July 1, 2016, subject to termination by either the City or WRABA as set forth in the Agreement, and upon the same terms and conditions as the City's current agreement with WRABA, all as more fully set forth in the City Council Agenda Report dated May 16, 2016, 2. The form of such Agreement shall be approved by the City Attorney. R- Am,o,,,z Willimneoa Road Area Service D11010 5ervtee, Ag,ee.,,I 1110, WRABA (5- 16-16) 3. '[']'e 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 Agreement with WRARA. ATIFST City clerk. R- Amh.,,e Willlmnsan Rond Area Service Oletrict Sel'ca' Agreement with WRABA (1-16-16) aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: May 16, 2016 Subject: Renewal of Williamson Road Area Service District Services Agreement (CM16- 00048) Background In May 1993, City Council adopted Ordinance No. 31472052493, which established the Williamson Road Area Service District in the City of Roanoke. At that time, and for various terms since creation of the District, the City of Roanoke has entered into agreements with the Williamson Road Area Business Association, Inc. ( WRABA) in order for WRABA to undertake the development activities and other such additional services that are not provided uniformly throughout the City, including economic and business development, promotional activities, and those other activities provided under State Code Section 1S.2 -2403. The agreement between the City and WRABA was last authorized by City Council on May 1, 2006, by Resolution No. 37377-050106 for a ten -year term to expire on June 30, 2016. Considerations: WRABA has informed the City of its desire to continue its contractual relationship with the City to provide services within the Williamson Road Area Service District. In its request, dated November 25, 2015 (attached), WRABA proposes to enter into an agreement with an initial one -year term with a series of nine, one year mutually agreed upon renewals which would potentially take the agreement forward from July 1, 2016, through June 30, 2026. Other terms and conditions contained in the current agreement would carry forward into this new agreement, such as the boundaries of the district and the additional service district tax rate of $.10 per $100 valuation of real estate. Recommended Action: Adopt a Resolution authorizing the City Manager to execute the attached Williamson Road Area Service District Services Agreement between the City of alea liamson Road Area Bus iness Association, Inc. ----- - -- - -- orrill City Manager Attachment Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Barbara A. Dameron, Director of Finance Chris Chittum, Director of Planning, Building, & Development Wayne Bowers, Director of Economic Development Wendy J. Jones, Executive Director, Williamson Road Area Business Association, Inc. WILLIAMSON ROAD AREA SERVICE DISTRICT SERVICES AGREEMENT Page 1 of 11 WILLIAMSON ROAD AREA SERVICE DISTRICT SERVICES AGREEMENT THIS AGREEMENT, made the of , 2016, by and between the CITY OF ROANOKE, VIRGINIA ( "City "), a political subdivision of the Commonwealth of Virginia, and WILLIAMSON ROAD AREA BUSINESS ASSOCIATION, INC. ( "WRABA "), a corporation organized under the laws of the Commonwealth of Virginia; WITNESSETH: SECTION 1. DEFINITIONS "City" shall mean the City of Roanoke, Virginia, a political subdivision of the Commonwealth of Virginia. "City Manager" shall mean the City Manager for the City of Roanoke. "City Council" shall mean the City Council of the City of Roanoke. "City Code" shall mean the Code of the City of Roanoke (1979), as amended. "Virginia Code" shall mean the Code of Virginia (1950), as amended. "Service District" shall mean the Williamson Road area service district created by Section 32- 103 of the City Code. "WRABA" shall mean the Williamson Road Area Business Association, Inc., a corporation organized under the laws of the Commonwealth of Virginia. SECTION 11. BACKGROUND The Virginia General Assembly in 1981 enacted Section 15.2 -2400 of the Virginia Code, et. seq. to provide that the governing body of a city may, by ordinance, create service districts in order to provide additional or more complete services of government than are desired in the city as a whole. The governing body of a city may, under the provisions of Section 15.2- 2403(4) of the Virginia Code contract with any firm to provide such additional governmental services in a service district. Under the provisions of Section 15.2- 2403(6) of the Virginia Code, the governing body may also levy and collect an annual tax on the property in such service district to pay the cost of providing additional governmental services in the district. WILLIAMSON ROAD AREA SERVICE DISTRICT SERVICES AGREEMENT Page 2 of 11 The WRABA is a non -profit corporation organized in 1981 for the purpose of promoting the development of the Williamson Road area of the City. The WRABA recommended the establishment of the Williamson Road area Service District to promote economic development, management, and community relations in the Williamson Road area. On April 12, 1993, City Council, at the request of the WRABA, held a public hearing pursuant to Section 58.1 -3007 of the Virginia Code concerning the proposal of the WRABA to the City of Roanoke to create a Service District. On May 24, 1993, City Council adopted Ordinance No. 31472 - 052493, providing for the creation of a Service District to provide additional governmental services not being offered uniformly throughout the entire City, including but not limited to, economic and business development and promotional activities intended to foster business retention, business recruitment and developer recruitment, planning for the revitalization of the Williamson Road area, and those public purposes enumerated in Section 15.2 -2403 of the Virginia Code. Such ordinance amended the City Code by the addition of Sections 32 -103 through 32 -103.4 to the City Code. The terms of Ordinance No. 31472- 052493, provided that it was in full force and effect on July 1, 1993. Meanwhile, on May 17, 1993, City Council adopted Ordinance No. 31473- 051793, providing for the execution of an Agreement between the City and the WRABA so that the WRABA could undertake certain business development activities in the Service District. Pursuant to Ordinance No. 31473- 051793, the City and the WRABA entered into an Agreement dated August 30, 1993 ( "First Agreement'). The First Agreement terminated on June 30, 1996. Pursuant to Ordinance No. 32944 - 052096, the City and the WRABA entered into a new Agreement dated June 20, 1996 ( "Second Agreement'), for an initial term of one year subject to nine additional renewal terms of one year each. The parties executed Amendment No. I dated May 21, 2001, which deleted Paragraph 3.5 of the Second Agreement to eliminate reimbursement by the City to the WRABA for certain overhead expenses. The last of the renewal terms of the Second Agreement expired on June 30, 2006. Pursuant to Resolution No. 37377 - 050106, adopted on May 1, 2006, the parties executed an agreement dated May 26, 2006 ( "Third Agreement, for an initial term of one year subject to WILLIAMSON ROAD AREA SERVICE DISTRICT SERVICES AGREEMENT Page 3 of 11 nine additional renewal terms of one year each. The last of the renewal terms to the Third Agreement expires on June 30, 2016. The City and the WRABA desire to have the WRABA continue to provide the activities and services provided for by the Agreement that expires on June 30, 2016. Therefore, the City and the WRABA enter into this Agreement as authorized by Resolution No. SECTION III. PURPOSE OF AGREEMENT The City desires to contract with the WRABA, as an independent contractor, on behalf of the City, to foster economic development of the Service District, and the WRABA desires to serve in such capacity, pursuant to the terms and conditions set forth below. SECTION IV. AGREEMENT In consideration of the mutual covenants and obligations herein, the City and the WRABA covenant and agree as follows: 3.1. Independent contractor relationship. During the term of this Agreement, the WRABA shall be the independent contractor of the City for the purpose of undertaking development activities in the Service District with tax revenues generated from the Service District pursuant to Section 32 -103.1 of the City Code. 3.2. Term. The term of this Agreement shall initially be for one year, commencing July 1, 2016, and ending on June 30, 2017. However, the term of this Agreement shall be automatically extended on each July, commencing July I, 2017, for an additional one year term until June 30, 2026, at which time this Agreement shall terminate, unless the Agreement is terminated earlier by either party under the provisions of Section 3.16 herein. 3.3. Activities to be undertaken. Funds made available to the WRABA will be applied to provide additional governmental services to the Service District which are not being offered uniformly throughout the entire City, including but not limited to: WILLIAMSON ROAD AREA SERVICE DISTRICT SERVICES AGREEMENT Page 4 of 11 (a) Economic and business development and promotional activities intended to foster business retention, business recruitment, and developer recruitment; planning for the development or revitalization of the Service District; and (b) Those other activities set forth in Section 15.1- 18.2.0 of the Virginia Code, as shall be agreed upon from time to time by the City Manager and the WRABA. 3.4. Prohibited activities. No Service District funds from the City shall be expended by the WRABA for the following purposes: (a) Promotion of individual businesses; (b) Support of partisan political activities or lobbying of any legislative body, including the Roanoke City Council; (c) Acquisition of real property or construction of public facilities, except with the express consent of the City Council; (d) Promotion or development of any area outside the service not incidental to promotion or development of the Service District; or (e) Any other activities that may be prohibited by Section 15.1 -18.2 of the Virginia Code, or any other applicable federal, state, or local laws, ordinances, or regulations, as they may now be in existence or that may in the future be enacted. 3.5. Overhead reimbursement. The parties contemplate that the activities undertaken by the WRABA in connection with the Service District will constitute the principal activity of the WRABA during any tern of this Agreement. As compensation for its services, the WRABA shall be entitled to apply from the funds received from the City an amount sufficient to cover a pro -rata share of the WRABA's overhead expense, including salaries and benefits, expenses and rents, based on total receipts by the WRABA. 3.6. Work program and budget. (a) Prior to the execution of this agreement, the WRABA shall submit to the City Manager for approval a work program and budget setting forth in reasonable detail the Service District activities and anticipated expenditures of City funds planned for the first term of this Agreement. The City Manager will approve or otherwise respond to the proposed work program and budget no later than June I, 2016, in order that any necessary modifications may be settled on or before the commencement of the first term WILLIAMSON ROAD AREA SERVICE DISTRICT SERVICES AGREEMENT Page 5 of 11 of this Agreement. Such approval or disapproval shall be at the sole discretion of the City Manager. (b) No later than May 1 of each subsequent tern this Agreement is in force, beginning with May 1, 2017, the WRABA shall submit to the City Manager for approval a work program and budget setting forth in reasonable detail the Service District activities planned for the next year and the anticipated expenditures of City funds involved. The City Manager will approve or otherwise respond to the proposed work program and budget no later than May I so any necessary modifications may be agreed to before July 1 of each subsequent year. Such approval or disapproval shall be at the sole discretion of the City Manager. (c) Within the parameters established by the approved program and budget, and subject to the express limiting terms and conditions of Section 15.1 -18.2 and 15.1- 18.3 of the Virginia Code and Section 32 -103 through 32 -103.4 of the City Code, and of this Agreement, the WRABA shall have the discretionary authority to carry out the Service District activities in such manner as it deems appropriate. 3.7. Disbursements to WRABA. (a) For purposes of this section, the phrase "actual net revenues" shall mean actual tax receipts to the City under Section 32 -103.1 of the City Code. Furthermore, any penalties charged and received by the City shall not be included in such actual net revenues collected by the City. In no fiscal year shall total payments to the WRABA exceed actual net revenues collected by the City for the year. (b) The City, in its sole discretion, will approve the amount of actual net revenues to be paid to the WRABA. For any approved funds due the WRABA from the City, the City will pay the funds according to the following schedule: (i) For City fiscal year 2016 -2017 (July 1, 2016 to June 30, 2017) and for succeeding fiscal years. the City will make three (3) payments to the WRABA on or after November 5 of the then - current fiscal year, May 5 of the sane fiscal year, and July 15 of the next fiscal year. (ii) Each of the first two payments shall be in the amount equal to one half of the approved actual net revenues to the City under Section 32 -103.1 of the City Code for the City's current fiscal year. WILLIAMSON ROAD AREA SERVICE DISTRICT SERVICES AGREEMENT Page 6 of I 1 (iii) The third payment shall be the net difference between payments and the approved actual net revenues collected by the City as of June 30 of such fiscal year. At the conclusion of the City's fiscal year, the City shall compare approved actual net revenues for such fiscal year to the two payments already made to the WRABA for such fiscal year, and the difference between approved actual net revenues and the total amount of the two payments made to the WRABA prior to the conclusion of the fiscal year. (c) For the fiscal year 2017 -2018 and each succeeding fiscal year, the Director of Finance shall prior to March 1 of such fiscal year make an estimate of actual net revenues to be received by the City pursuant to Section 32 -103.1 of the City Code during in the next fiscal year. Such estimate shall be provided to the WRABA prior to March 1 of each fiscal year for use by the WRABA in planning and budgeting for the next fiscal year (July 1 to June 30). 3.8. Subcontracting. It is contemplated that the WRABA will from time to time contract with firms and individuals for the acquisition of goods or services in the furtherance of the activities contemplated by this Agreement. The WRABA will not enter into any contract relating to activities contemplated by this Agreement or involving the expenditure of funds provided to the WRABA by the City under this Agreement where the amount of such contract is $5,000 or more without written authorization of the City Manager unless the amount of the contract sum and the nature of the goods or services to be acquired were disclosed in the work program and budget submitted for the year in which the contract is to commence. 3.9. Books and records, audits. The WRABA shall keep accurate books and records of all City funds received and disbursed, and of all activities undertaken pursuant to this Agreement. The WRABA will make such books and records available for inspection and /or auditing to the Municipal Auditor of the City or other independent auditor selected by the City during the City's regular office hours. The WRABA shall also provide the City with a certified copy of a yearly audit to be conducted by an independent auditor and the expense for this audit will be at the sole cost of the WRABA. 3.10. Contacts with prospective developers. The WRABA shall inform the Director of the City's Department of Planning, Building, and Development on a regular basis of all contacts with or by potential developers with an interest in the Service District. A representative WILLIAMSON ROAD AREA SERVICE DISTRICT SERVICES AGREEMENT Page ] of 11 from the City's Department of Planning. Building, and Development shall have the right to be present at any presentations by or to interested developers. 3.11. Board of directors. During the term of this Agreement, the WRABA shall elect one representative designated by the City Manager to be an ex officio member of the Board of Directors of the WRABA with full voting rights and privileges. 3.12. Indemnification. The WRABA shall indemnify and hold harmless the City, its officers, agents, volunteers, and employees from any and all claims, causes of action, damages, legal actions, and judgments advanced against the City or its officers, agents, volunteers, or employees, and for any expenses the City may incur in this regard, arising out of the WRABA's negligent acts or omissions, intentional and unintentional, with respect to carrying out this Agreement in any way or exercising any rights, privileges, or duties granted by the City to the WRABA through this Agreement. The WRABA shall have no indemnification obligation with respect to any claim, legal action, judgment, loss, cost, expense, or damage for which demand for indemnification is not received by the WRABA on or prior to the date which is five years from the date of final termination of this Agreement. 3.13. Insurance. (a) The WRABA shall obtain and maintain during the life of this Agreement a policy or policies of comprehensive general liability insurance with an insurance company or companies licensed to do business in Virginia with a Best Rating of A or better; which policy or policies shall provide coverage with respect to claims arising out of the subject matter of this Agreement. The amount of such insurance shall not be less than: 1. In the case of bodily injury liability insurance, $1,000,000.00 for injuries, including death, to one person in any one occurrence, and $2,000,000.00 annual aggregate; 1 In the case of property damage insurance, $1,000,000.00 for damage in any one occurrence, and $2,000,000.00 annual aggregate; 3. The above amounts may be met by "umbrella" coverage in a minimum amount of $2,000,000.00, provided that such "umbrella" coverage shall pick up at the maximum levels of underlying coverages so that there shall be no gaps in coverage. WILLIAMSON ROAD AREA SERVICE DISTRICT SERVICES AGREEMENT Page 8 of 11 (b) The WRABA shall name the City and its officers, agents, volunteers, and employees as additional insureds on the above policies. (c) The WRABA shall furnish the City with certificates of insurance evidencing the required coverage, referencing this Agreement, and containing a statement to the effect that the coverage shall not be canceled or materially altered except after thirty (30) days written notice to the City. (d) During the life of this Agreement the WRABA shall furnish the City with a fidelity bond on all of its employees and volunteers who handle any money, such bond to be in an amount not less than $100,000.00. 3.14. Assignment. Neither the City nor the WRABA may assign its rights or obligations hereunder without the prior written consent of the other. 3.15. Notices. Any notices required by the terms of this Agreement shall be deemed to have been given when delivered in person to or deposited in the U.S. mail, postage pre -paid, registered or certified, return receipt requested, and addressed to the parties as listed below, or to any such other address as each party may designate for itself by notice given in accordance with this Section. (a) Notice to the City: City Manager and Noel C. Taylor Municipal Building, Room 364 215 Church Avenue, S.W. Roanoke, Virginia 24011 Director of Planning, Building, and Development Noel C. Taylor Municipal Building, Room 166 215 Church Avenue, SW Roanoke, Virginia 24011 (b) Notice to the WRABA: President Williamson Road Area Business Association, Inc. WILLIAMSON ROAD AREA SERVICE DISTRICT SERVICES AGREEMENT Page 9 of 11 P. 0. BOX 7082 Roanoke, Virginia 24019 -0042 3.16. Termination. The City or the WRABA may terminate this Agreement at any time, with or without cause, by giving notice pursuant to Section 3.15 of this Agreement to the other at least ninety (90) days prior to the expiration of any one year term of this Agreement. The City may also terminate this Agreement at any time if the WRABA either violates any of the provisions of the Agreement or applies funds paid to the WRABA by the City for any purpose other than purposes contemplated by this Agreement. 3.17. Employment discrimination prohibited. During the performance of this Contract, the WRABA agrees to the following provisions: (a) The WRABA 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 Contract. The WRABA agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause; (b) The WRABA in all solicitations or advertisements for employees placed by or on behalf of the WRABA will state that the WRABA 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; acrd (d) Include the provisions of the preceding clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 3.18. Drug -free workplace. During the performance of this Contract, the WRABA agrees to the following provisions: (a) Provide a drug -free workplace for its employees; (b) Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the WILLIAMSON ROAD AREA SERVICE DISTRICT SERVICES AGREEMENT Page 10 of 11 workplace and specifying the actions that will be taken against employees for violations of such prohibition; (e) State in all solicitations or advertisements for employees placed by or on behalf of the WRABA that the WRABA maintains a drug -free workplace; and (d) Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug -free workplace' means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. 3.19. Faith -based organizations. Pursuant to Section 2.2- 4343.1 of the Virginia Code, the City does not discriminate against faith -based organizations. 3.20. Third Party Beneficiary. The provisions of this Agreement are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Agreement be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. WITNESS the following signatures as of the date first above written. ATTEST: CITY OF ROANOKE, VIRGINIA Stephanie Moon Reynolds, City Clerk Christopher P. Morrill, City Manager ATTEST: WILLIAMSON ROAD AREA BUSINESS ASSOCIATION, INC. WILLIAMSON ROAD AREA SERVICE DISTRICT SERVICES AGREEMENT Page 11 of II Secretary President Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney Appropriation and Funds Required for this contract certified: Director of Finance Account #: vtWilliamson Road Area Business Association PO Box 7082 •4804 Williamson Road, NW • Roanoke, VA 24019 -0042 November 24, 2015 Mayor Bowers Members of Roanoke City Council Christopher Morrill, Roanoke City Manger RE: RENEWAL OF WRABA'S SERVICE DISTRICT TAX On behalf of the Williamson Road Area Business Association (WRABA) Board and our Members, we wish to offer our thanks. WRABA is very appreciative for the assistance you and the City of Roanoke have given us with past projects. In May 1993, Council of the City of Roanoke adopted Ordinance No. 31472 - 052493 providing for the creation of a Williamson Road Area Service District and authorized the execution of the initial services agreement between the City of Roanoke and WRABA. The original agreement was renewed in 1994, and again in 1996 and 2006 for an initial one year tern with nine one year extensions. The current agreement terminates on June 30 2016. Our association is asking City Council to renew the operational agreement between the City and WRABA for the continued administration of the Special Service District. We look to you for your continuing support by renewing our Williamson Road Area Service District Services Agreement at the same tax imposed rate ($.10 per $100 valuation of real estate) and district boundaries (between Orange Avenue and City Limits North on Williamson Road), and for a similar length of time that was agreeable with the City Council in 2006. This reauthorization will allow us to continue our commitment and pursuit for betterment of the Williamson Road corridor. In May 2015 City Manager Morrill reviewed our current work plan and budget which highlights some of our achievements and illustrates our commitments to the following areas: Strategic Plan, Public Safety, Economic Development including Advertising and Promotion, Image and Appearance, Membership Retention and Recruitment and Development. 540) 362 -5789 • EMAIL: wraba(awraba.ora • WEB: www.wraba.ora • BUS (540) 362 -3293 Our City Liaison, Chris Chittum, serves on our Board and assists us with current matters soliciting our involvement. Recently we have worked closely with the City Police and Fire Departments to further the Safety and Crime Prevention, promoted Enterprise Zone IA and assisting in the sale of property to new owners with intentions of significant improvements to properties in great need of improvement; 4627 Williamson Road for example, amongst other efforts. Our action non -profit association was formed to improve the community in which we live and work. As a group of business leaders, we have combined our experience and talents to be partners for progress for Roanoke's Main Street. We work closely with the Williamson Road neighborhood organizations. The President of the Air Lee Court Neighborhood Watch serves on our Board. Some of WRABA's successes /achievements over the last ten years are • Restaurant Week started in 2013 Restaurant Week showcases the restaurants along the corridor while affording diners to also see the other businesses, their products and services, available along Williamson Road. This event has grown in popularity with both restaurant owners and customers. • Star City Motor Madness: beginning planning for their 15 °i event for June of 2016 has made a positive impact on increasing sales and visibility of the businesses along Williamson Road. Many of our businesses consider Cruise Night their Black Friday! WRABA looks forward to adding to this event in 2016 with a kickoff event on Thursday evening June 23`a. We will hold a Hop in Preston Park! • Williamson Road Walks: Our Board, along with several City Departments and Council Members have been truly learning the different Paces of Williamson Road and the infrastructure needs in the different areas of the corridor. These walks have enabled positive actions to be taken in repairs, code enforcement and a positive visible presence that WRABA and the City care about the corridor. We hope it will result in landscape improvements to show Williamson Road as an enticing place and draw developers who will buy and build the Village Centers/Nodes WRABA and the City have in our vision for the road. • Village Center /Node Plans: WRABA, with the help and brownfield funding from the City's Planning Building & Development Department, have complete drawings for the development of the Village Centers/Nodes that the Williamson Road Neighborhood Plan, as adopted by the City, calls for. These plans were developed by Hill Studio after extensive discussions with WRABA and the City. Our Executive Director has met with several developers to promote these plans and their actual development. The feedback received from developers is that they need to see the City invest in landscape improvements • Executive Director: Our Executive Director promotes unity and a common good for Williamson Road through personal visits. She assists business owners navigate City Hall and promotes crime prevention by educating business owners and staff. She receives many calls from businesses and residents and handles them in a helpful and cheerful manner. • Adopt -A- Street: In 2008 WRABA adopted Williamson Road and we have conducted quarterly clean -ups of the corridor since. • Quarterly Newsletter: We continue the publication of The Main Street News bringing valuable information and education to the businesses along Williamson Road Acting as a conduit between the community and our governing bodies, or goals and accomplishments have been to grow together to improve economic vitality, solve problems, create a forum to discuss concerns and programs, educate, pursue specific projects and enhance quality of life. WRABA meets on the third Tuesday of each month for lunch. Featured speakers address information of concern and interest to our members. We have many exciting plans for the future. The following are just a few: • The expansion of Star City Motor Madness with a kickoff event on Thursday June 23, 2016. This will bring participants to Roanoke a day earlier for an additional economic development boost. It will also draw residents of Roanoke with the nostalgia of the Hops in the Parks that were held in the 50s & 60s and showcase Williamson Road as a place to be. • Working with Roanoke City Streets and Traffic for landscape improvements to both beautify and promote economic development and Village Center development along the corridor • Landscape beautification • Participation with community projects • Educational and guest speakers at our monthly meetings • To continue to serve as an effective innovative force for improvement to Our Main Street, Williamson Road We thank you in advance for your approval. Significant accomplishments have been realized due to the leadership of WRABA. We look forward to continuing our work! Sincerely, Wendy J. Jones Executive Director � *7 Williamson Road Area Business Association You and WRABA, Partners for Progress! Williamson Road Area Special Service District Contract Renewal May 16, 2016 W RA BA SSD History The Williamson Road Business District is an older strip commercial area that was plagued by a number of existing problems. Those problems were deteriorating curbing, guttering and sidewalks; poor ingress /egress from Williamson Road; excessive public /private signage; conflicts between pedestrians and automobiles; absence of any landscaping and other visual and pedestrian amenities; and obsolete commercial buildings which predate current zoning requirements. These conditions have an impact on the adjacent residential neighborhoods where over twenty five percent of the City's population lives. On May 24, 1993, City Council adopted ordinance number 31427, establishing the a, Williamson Road Area Special Service District (SSD). The creation of the SSD was in v order to "provide additional governmental services not being offered uniformly a throughout the entire City, included but not limited to, economic and business N development and promotional activities intended to foster business retention, a business recruitment; planning for the development or revitalization of the Williamson Road Area and for the transportation needs of the Williamson Road Area and to create a more attractive environment in the Williamson Road Area" The Williamson Road Area Business Association signed an agreement with the City of Roanoke to administer the SSD project in 1993. This contract was renewed several times, most recently in 2006. Under WRABA's direction the business district has seen many improvements and continues to grow. The SSD provides for the collection of an additional $.10 per $100 valuation of real estate on Williamson Road between Orange Avenue and City limits north. 14 Y� Williamson Road is unique in that it is linear and stretches several miles. Each block of Williamson Road can have a personality and needs of its own. WRABA addresses these unique characteristics by focusing on 6 main categories: — Strategic Plan » Village Center Development » Infrastructure improvements — Public Safety /Crime Prevention » Fire, Police and Education — Membership » Recruitment & Retention — Advertising and Promotion » Of the corridor — Economic Development » Development » Recruitment of new businesses » Events to attract patrons — Image and Appearance » Infrastructure improvements » Fagade improvements MIW..o ..d nre Restaurant a °-A-'H " °° Week May 2 - s . Celebrate Williamson Road's Diverse Cuisine! .� Visit wraba.org for participating restaurants fm In the 1990s WRABA worked with the City of Roanoke, Hill Studios and the Citizens to develop a plan of improvements for Williamson Road. • That plan became a large part of the Williamson Road Neighborhood Plan in the City's Vision 2001 -2020 Plan. • The Will Avenue improvements were completed between 1998 and 2000. Since then WRABA has worked again with the City of Roanoke and Hill Studios to develop plan drawings to implement the Node or Village Center portion of the Williamson Road Neighborhood Plan and actively sought out developers to bring the plans to life Our Board, along with many City Departments and some Council Members, walked Williamson Road in sections to determine the infrastructure repair and improvement needs — Addressing these needs would serve to attract developers and businesses to Williamson Road All of this is to take Williamson Road to the next level WRABA Regularly receives positive comments on the improvements seen along Williamson Road. ��;� wwa�+sm xoncnr.¢exe +src:�+w>e ec.ewvmex, V( Public Safety /Crime Prevention WRABA has worked diligently with the Roanoke City Police and Fire Departments to improve public safety and reduce crime in the Williamson Road area and the City as a whole. We have employed several methods to these ends such as: • WRABA assisted the Roanoke City Police Department in establishing the Business Police Academy • WRABA's Executive Director has ridden with the Fire and Police Departments • Publishing articles from both departments in our quarterly newsletter The Main Street News • Inviting both departments to speak to our membership at our monthly meetings • Sharing information and news releases from both departments via email and our Facebook page • WRABA's Executive Director served 4 years on Chief Perkin's "Chief's Advisory Committee" at the Chief's request • Assisting and organizing the clean -up of vagrant camps • Promoting the Safety Grant available through Enterprise Zone la • Door to door walks with Police Officers to meet and address community needs (businesses) • Participating in Neighborhood walks in the Williamson Road area (neighborhoods and businesses) Repair of a City Police Department Speed Trailer Adopting Williamson Road and holding quarterly clean -ups Aker Clean -up Membership The Association continues to have monthly meetings to provide information regarding improvements and changes in the Corridor as well as encouraging networking. Education and information is paramount to our members. Our monthly meetings topics have provided valuable and current information to the businesses along the corridor including: — Roanoke City Council Candidate forum — Fire & EMS Safety Tips — Police Chief Chris Perkins reviewing Roanoke's progress during his ten -year — Updates from the City Manager — Presentations from various City Departments when implementing new programs such as street modifications and storm water utility We have also assisted members: — As a Concierge when looking for and understanding City services and requirements — Seeking B26 relationships via referrals and networking — Acting as Liaison to City grants via the Enterprise Zone — Working with business owners and City Departments to modify code /zoning to better reflect the community needs such as signage Advertising, Promotion & Economic Development WRABA advertises and promotes the Williamson Road corridor through several vehicles including: — Our quarterly newsletter The Main Street News now in its 15t1 year of production — Our bill board located near the intersection at Orange Avenue — Seasonal and event vertical banners — Our LED reader board — The WRABAwebsite — Holding events that draw customers to the corridor which leads into Economic Development — Facebook Economic Development Activities Include Working to draw businesses to the corridor including working with property owners to sell properties. — 4627 Williamson Road (Former Hooter's) WRABA's Executive Director worked directly with the owners and realtors of this property to get it sold. She has also made sure the current owner is aware of the availability of Enterprise Zone Funds /Grants for this site. Demolition of 4627 Williamson — 5411 Williamson Road (Former Happy's) WRABA's Executive Director has worked with the owners, realtors and both the City Manager and County Administrators as well as the Economic Development and Planning Departments in both municipalities to forge an agreement of cooperation. Additionally the parties have worked with the Roanoke Regional Partnership & Virginia Scan to promote this site. it Advertising, Promotion & Economic Development Economic Development Activities Include Special Events! Sponsoring and holding events to draw customers to the corridor and affords Williamson the opportunity for patrons to see the other products and services available" Road here Area [Jusinessw Restaurant Week most recently held May 2 -8, 2016 — Star City Sock Hop coming Thursday June 23rd stirring the nostalgia of the old hops Parks and Rec held in the City park tennis courts and as a kick off to... — Star City Motor Madness Cruise Night one of the largest outdoor events in Roanoke drawing over 25,000 to the corridor! — Parks and Arts coming Saturday July 16 I MEL - R O A N O K E GREEK FESTIVAL Roa n ok e G reek F esti va I som WRABA has had the pleasure of working with many City Departments toward the end of improving Williamson Road's image and appearance. Streets & Traffic: Working toward streetscape improvements to make the corridor safer and ultimately a more walkable community; Banner displays; ultimately to make Williamson Road a destination as opposed to a "through fare'. Warmer infrastructure is needed to attract the type of development that will bring Williamson Road to the next level. For example less commercial or industrial looking lighting and signal mast arms and curbing and sidewalk with a grass strip between the curb and the walk allowing for a barrier so people to feel safer when walking. Planning. Building & Development: Developing Node or Village Center; Working with property owners to develop or market their properties Economic Development: Upscaling the inventory of businesses along the corridor by marketing properties that are for sale to target businesses. Two examples would be 5411 & 4627 Williamson Road Summary of Accomplishments WRABA is very pleased to take this opportunity to highlight in short several of our accomplishments: 'Tt.k • Coordination with Star City Motor Madness and Greek Fest to bring tens of thousands of people to the corridor. • Keeping it clean through adopt -a- street • Business concierge • The Lowe's vagrant cleanup • 2013 WRABA's Executive Director was named Small Business Advocate of the Year by RRCC • Beautification by coordinating partnerships in landscaping and trash receptacles • Coordination of walks between police and code /traffic departments • Restaurant week • Star City Sock Hop 9 Williamson Road Area Business Association You and WRABA, Partners for Progress! Thank you! On behalf of the WRABA Board and Membership Thank you for partnering with the Williamson Road Area Business Association! From: Pendleton,Mike Imailto'. Mike. Pendleton@ edwardjones,com] Sent: Tuesday, May 10, 2016 7:55 AM Ta: wraba @wraba.org Subject: Recommendation Letter I have been a member of WRABA for seven years and it has been one of my best investments of time for several reasons. First, as a business owner on Williamson Road, I have a vested interest in the success and betterment of the corridor. Second, it has allowed me to meet both governmental and professional members of the community, that I would not have otherwise met. When I built my new commercial office on Williamson Road, those contacts were instrumental in helping get my project up and running smoothly and helped me to avoid costly mistakes. Though I am in the County, I would gladly pay the SSD as I see value to the organization's purpose and I see tangible results as a result of the organization's work. I believe Williamson Road is better off by having an organization dedicated to proactively looking out for it's best interest. Without WRABA, I fear the corridor would suffer in several ways. For example, the cleanliness would decline due the loss of Adopt- a-street. I fear landscaping partnerships would not be tended to and beautification and curb appeal would decline. More importantly, businesses and would -be- business - owners would lose access to an invaluable resource in Wendy Jones who is a top notch "business concierge" who knows everyone in the community and is a great connector of people. Furthermore, the monthly education programs about fire and safety, future city/county projects and planning, facade grants, law and code enforcement, real estate appraisals, and other business related topics would cease to exist and folks like me would have never known what was going on in our community or how certain departments operate. In conclusion, I believe the SSD should continue as it provides a valuable service to the business along the Williamson Road Corridor. In my professional opinion, it is a small price to pay to have access to the resources, educational events, and networking opportunities that WRABA provides. Mike Pendleton, CF Eric CLUO, AAMSO Financial Advisor Edward Jones 7746 Williamson Road Roanoke. VA 24019 (540) 366 -5539 www.edwardiones.com If you are not Intended recipient of this message rnawdmg attachments) or if yon have received this message in error- Immediately notify us and delete if and any attachments. If you do not wish to receive any email messages from Edward Janes . excluding administretwe communications please email this request to op -Dut peaexhauonesomm from the email address you wish to wlsphscnde. For Important additional information related to this email visf w,y dwardp m/disclos reponds,l ntmr Edward o. Jones & co.. — P. it dis Edward Jones. 12555 Manchester Road at Louis MO 63131 6 Edward Jones. All rights reserved. BMG I BERGLUND MANAGEMENT GROUP, INC. 1824 WILLIAMSON ROAD P.O. BOX 12608 ROANOKE, VA 24D27 PHONE (540) 344 -1461 May 11, 2016 Mayor David Bowers Members of Roanoke City Council Mr. Christopher Morrill, Roanoke City Manager Re: Renewal of the Special Services District awarded to the Williamson Road Area Business Association Ladies and Gentlemen: I am writing to support the renewal of the Special Services District (SSD) contract between Roanoke City and the Williamson Road Area Business Association (WRABA). This arrangement has greatly benefited the business community along Williamson Road for the many years it has existed and I wish to see it continue for the foreseeable future. Berglund was an original sponsor of the SSD and has been very pleased with the positive improvements and changes WRABA has conducted over the years and has actively participated in the management of WRABA since its beginning. WRABA has served the businesses along Williamson Road well by acting as a liaison between the businesses, residents and the City to the resolution of issues including crime prevention, education, code enforcement and economic development. WRABA has also brought commerce and economic benefits to the City and Williamson Road through the events they sponsor and conduct. These events afford participants from all over the valley and beyond the opportunity to enjoy the event and see all the businesses available to them in the City as a whole and Williamson Road in particular. Renewal of the SSD contract with WRABA will allow continuity in the commitment and pursuit for the betterment of the Williamson Road business corridor and your approval of it shall be greatly appreciated. Thank you very much for your time and consideration of this matter. Sincerely, ly Willis F{rrell, II Preside t I 0 BARROWS 1302 Rockland Avenue Roanoke. VA 24012 15401362 -5700 office • (540) 777 -2159 fax Vtev 10, 2016 Honorable. %1"o' Bowers llembus of Roanoke City Council %lr_ Christopher Morrill, Roanoke City Manager RI @ Renettal of I, AR M V's Seniec District I zr I am cording this letter to support the renco ing of N RABA s Sc, icc District l az As the Director of Market Ing for 8- 1, RRMS. I understand he I% Important perception 1s for the community and husinesse+ within the corridor. in addition to potential husinesses considering relocating to Roanoke. I feel W RABA has done an eece l l out oh represent ing all the businesses v.itIn n the corridor and has presented a positive image of tchat is pos,hle now and in the future for the kk IIIIam *on Road At VCR.AB.A's 1111alire Director, ACendy Jones has worked closely %tith Roanoke ('II} and business oAncis as a go between to answer all tvpes of questions and helping to resolv e issues as needed in all areas_ In support of Stu City Motor Madness, Greek Fest, Restaurant AAcek. Adopt -A Street ('leanA ps. the Police Department. Firefighters and more_.%, R.A11 A bus lead h, lsumpk In encouraging the mmmanih _.shoo ina that tte all benefit from w orking together in pu+i(n e ttas. I'he SSD contrast anett al to %l R. - AB. - A is Inarumenml in 1111 continued succea of the husinesses located in the Al illlomson Road Corridor. Thank tau for your consideration of till, lever of support Sincueh Z /,e %uz see Jane Light 7 urner Marketing Dlrettor From: Walter Vance [mailto: waltervance@att. net Sent: Tuesday, May 1D, 2016 3'.02 PM To: 'WRABA' <lwraha @email com> Subject: RE: SSD Contract Renewal Honorable Mayor Bowers & Roanoke City Council May 10, 2016 Mayor & Council, I am writing to support the Williamson Road Area Business Association (WRABA) SSD Contract Renewal. The Williamson Road Area Business Association (WRABA) has made great strides in morphing a challenging area to operate a business into a butterfly. Having WRABA as an advocate to help improve the area, assist the businesses and move it forward is a huge benefit. Without WRABA, I am concerned that it would further cause business in the area to leave. Walter Vance President, Northwest Hardware Company From: ceoairlee @aol.com [mailto:ceoairlee @aol-com] Sent: Tuesday, May 10, 2016 9:42 PM To: wraba @wraba.org Subject: letter draft City Council I am writing in support of renewal of the SSD for the Williamson Road Area Business Association, having grown up in the Williamson Road area, gone to elementary and junior high school, run a business on the road for 32 years and currently own 3 pieces of property on the road. I can honestly say that the road is a much better place with WRABA. As a member and a Director of WRABA, I have saved many thousands of dollars due to my membership. I have the pleasure of getting to know and work with many city officials and can say that this helped my business greatly. I ask you renew the SSD for WRABA. Thank You Bob Jones President Air -Lee Properties P O Box 215 Fincastle,Va, 24090 540 -98 -1646 ScaleJp ROANOKE, VA 11 May 2016 Re: WRABA Letter of Support To Whom It May Concern I am writing in support of the Williamson Road Area Business Association. As a small business employee and the regional lead for the federal Small Business Administration's ScaleUp America program, the WRABA and its Executive Director, Wendy Jones, have been crucial in ensuring the success of the ScaleUp program. The WRABA has provided the ScaleUp program significant reach into the traditionally underserved Williamson Road area, and allowed our team a forum to deliver needed business training and consulting to business owners along Williamson Road. Wendy was also critical in bringing the ScaleUp program to the region, providing a letter of support during the proposal process- the WRABA's effort helped my team bring over $1.5 million in small business support from the federal government to the Valley overall. The area served by the WRABA has a wealth of entrepreneurs and business opportunities that have been traditionally underserved by several federal and state resources. The association and its board have been extremely vital in delivering new opportunities to the business ecosystem and community around Williamson Road as a whole. Please do not hesitate to contact me if you have any further questions Sincerely, Levi Buck Regional Lead, ScaleUp Roanoke Valley lbuck su glvchalnvlsions.com 540 -529 -7512 VIRGINIA V OSTHITICS H0TICS Roanoke May 9, 2016 Charlottesviile Christlansburg Fishersville Harrisonburg Roanoke City Council Lynchburg Martinsville Eden. NC Dear Council Members, Farmville Law Moor I want you to consider this letter a request that you give your support to Richlands renew the contract regarding the WRABA Special Service District. Rocky Mount South Boston All business owners in the Williamson Road area are paying an extra Stuart premium tax in addition to our regular property tax. It only seems fair Tazewell and most appropriate that the WRABA manages the funds as I feel they have our best interest in mind when making decisions, as opposed to have them non - segregated in the Oty's general fund. I I fully support this renewal of the contract with want each of you to strongly support it as well. Respectfully, VIRGINIA PROSTHETICS & ORTHOTICS � "� / J. Douglas Call, CP President `a 4338 Williamson Road Roanoke. Virginia 24012 540.366.8282 • ToIFFree 888.366.8287 • Fax 540 366 0186 FOUNDING MEMBER www.VirgmaProsibetics.corn Tammy Britt 502 King George Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Britt: Your Petition for Appeal of a decision of the Architectural Review Board with regard to a Certificate of Appropriateness to approve replacement of existing pressed metal roof shingles with architectural shingles at 418 Washington Avenue, S. W., which is not consistent with the H -2 Guidelines, was before the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016. Based upon evidence (testimony and documents) presented at the Council meeting, the decision of the City of Roanoke Architectural Review Board on November 13, 2014, was reversed and a Certificate of Appropriateness is to be issued to allow replacement of an architectural metal roof with architectural shingles at 418 Washington Avenue, S. W., as set forth in the Application for Certificate of Appropriateness on the ground that the proposed installation and location are architecturally compatible with the structures or historic landmarks in the H -2 District. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk PC: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Parviz Moosavi, Agent, Architectural Review Board Tina Carr, Secretary, Architectural Review Board - CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 'I'el,le.ne: (541)953 -1541 fur. (541)953 -1145 S EPIIANIE M. MOON REYNOLDS, MMC li_,nuil: cicr�nrnvnnk. ... ..° CECHAAF.MCCOY City Clerk neptl y City Clei k ('E('EWA I. WEBB, CMC Ae 11,1ul I)epnly CIO, Ck,'k May 19, 2016 Tammy Britt 502 King George Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Britt: Your Petition for Appeal of a decision of the Architectural Review Board with regard to a Certificate of Appropriateness to approve replacement of existing pressed metal roof shingles with architectural shingles at 418 Washington Avenue, S. W., which is not consistent with the H -2 Guidelines, was before the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2016. Based upon evidence (testimony and documents) presented at the Council meeting, the decision of the City of Roanoke Architectural Review Board on November 13, 2014, was reversed and a Certificate of Appropriateness is to be issued to allow replacement of an architectural metal roof with architectural shingles at 418 Washington Avenue, S. W., as set forth in the Application for Certificate of Appropriateness on the ground that the proposed installation and location are architecturally compatible with the structures or historic landmarks in the H -2 District. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk PC: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Parviz Moosavi, Agent, Architectural Review Board Tina Carr, Secretary, Architectural Review Board CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chin-ch Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 TeleELOne (540) 853 -2541 Fnx: (540)R53 -1145 S EPII AN] 1: NE MOON REYNOLDS, MM(' k ?lnnil: derk(ntrov,akev;,.g °° CECELIA "SUSIE "MCCOY City Clerk Der,III, City Cluk ('ECELIA'1'. WEDD, CMC A.,uoant Dewily Cily Clerk March 15, 2016 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I am enclosing copy of a Petition for Appeal fled by Tammy Britt d /b /a Tammy Britt Rental Properties, LLC, in connection with a decision of the Architectural Review Board at its meeting of February 11, 2016, denying a request to replace existing metal shingle roof with Oakridge architectural shingles.at 418 Washington Avenue, S. W., which is not consistent with the H -2 Guidelines. The petition was received in the City Clerk's Office on Monday, March 14, 2016, inasmuch as City offices were closed on Saturday, March 12, 2016, which was the actual deadline date. Section 36.2- 530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 calendar days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition, unless the property owner and the Agent to Architectural Review Board agree to an extension. The Council may affirm, reverse or modify the decision of the Architectural Review Board, in whole or in part, or refer the matter back to the Board. With the concurrence of City Council, a public meeting may be scheduled for Monday, April 18, 2016, at 7:00 p.m., or as soon thereafter as the matter may be heard, to render a decision in connection with the Petition for Appeal fled by Ms. Britt. Sincerely, Stephanie M. Moon Reynold MMC City Clerk Enclosure Mayor and Members of Council March 15, 2016 Page 2 PC: Tammy Britt, Realtor, TTR Sotheby's International Realty, 1506 14" Street, N. W. Washington, D. C. 20005 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 DocuSign Envelope ID'. A4ABA9B5- 152A- 4DCF- AE2A- 708D05255316 N IqeT 110 10- ".Ill' I:i_EEk H231 lR-, 1ti F?,�94rj.5 IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) 418 Washing Roof ) PETITION FOR APPEAL Replacement ) This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.2- 530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of the Petitioner(s): Tammy Britt 2. Doing business as (if applicable): Tammy Britt Rental Properties, LLc 3. Street address of property which is the subject of this appeal: 418 Washington Ave SW Roanoke, VA 24016 4. Overlay zoning (H -1, Historic Downtown Overlay District, or H -2, Historic Neighborhood Overlay District) of property(ies) which is the subject of this appeal: H -2 Historic Overlay District 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: February 10, 2016 6. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.2 -330, if H -1 or Section 36.2 -331, if H -2): 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: yep l— —rhitprt,,rel metml rnnf with architectural shingle. The ARB allowed me to replace 8. Grounds for appeal in the = e =it atinn with shingles in 2008. The ARB is requiring the same material. shinales resemble what is currently in place now. Two 9. Name, title, address 4RAO d §%§ f' person(s) who will represent the Petitione*,)ebefoT 9oQ*GOUKikheTammy Britt, roof is currently. (See Attachment) Docu Sign Envelope ID'. A4ABA9B5- 182A- 4DCF- AE2A- 708D05255316 WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner): Name: (print or type) Signature of Petitioner(s) or representative(s), where applicable: Tammy Britt Name: (print or type) �DacuftnedW. Name: Name: (print or type) TO BE COMPLETED BY CITY CLERK: (print or type) L / Planning lPlanninglARB -PM /Forms /Appeal form to City Council di The original roof was a stamped tin product. The design of this product as originally installed served to mimic the aesthetic of asphalt shingles. My contractor has thoroughly searched for a similar metal product and it appears that stamped tin products such as this one used for this roof are no longer manufactured. An exact in kind replacement is unfortunately not an option. Within the scope of metal products that are available today, the only historically appropriate alternative would be an interior seamed riveted metal roof. However, this would look materially different than the original aesthetic of the house. We have found a shingle product that very closely resembles the original stamped metal. Visually, from the ground, the product we have found is almost indistinguishable from the original. Our purpose is to preserve the original historically relevant appearance of the house, and we believe the materials we have chosen best accomplish this goal. Ultimately, we believe that preserving the actual appearance and design of the roof is more important than simply using the same materials. As you will see in the photos, the shingle materials we have selected better match the original aesthetic than any metal product available on the market today. r C4 ITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 telephone: (540)653 -2541 Fnx: (540)653.1145 S'1'EPIIANIE M. MOON REYNOLDS, MMC E -mall: clerktilroanokeva.gov CECELIA F. MCCOY City Clerk Deputy City Clerk April 19, 2016 Tammy Britt 502 King George Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Britt: CECELIA T. W EBB, CMC Assistant Deputy City Clerk 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, r RJGr -e- 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 6" CITY COUNCIL AGENDA REPORT µf, To: Honorable Mayor and Members of City Council Meeting: May 16, 2016 Subject: Appeal of a decision of the Architectural Review Board (ARB) at its meeting of February 11, 2016, denying a request to approve replacement of existing pressed metal roof shingles with architectural shingles at 418 Washington Avenue, S.W. Background: The subject property at 418 Washington Avenue, S.W., including a 2 %: -story residential structure, is located within the H -2 Historic Neighborhood Overlay District. The subject property is zoned RM -1, Residential Multifamily. All exterior building alterations within the H -2 District are subject to a review and approval by the Architectural Review Board (ARB) prior to obtaining a building permit. On February 11, 2016, the ARB denied the Applicant's request, on a 2 - 2 vote, to replace the pressed metal shingle roof of the main structure with Oakridge architectural shingles on the ground that the proposal was inconsistent with the H -2 Design Guidelines. On March 14, 2016, the Applicant filed a petition with the City Clerk's Office appealing the ARB decision. The petition was scheduled to be heard by the City Council on April 18, 2016. However, the applicant requested the City Council to continue the matter to the next City Council meeting. On April 18, 2016, the City Council granted the applicant's request to continue the matter until May 16, 2016, at 7:00 pm. The H -2 Historic Neighborhood Overlay District was designated a National Historic District in 1985. The district is a large urban residential neighborhood that encompasses 1,547 contributing structures developed between 1882 and 1930, a period of tremendous growth and prosperity in the City of Roanoke's early history. It is primarily a residential district, consisting of a variety of popular architectural styles. As in many other historic districts, the structures in the H -2 district have undergone changes throughout the years. Fortunately, many structures have retained their architectural integrity due to the efforts of the property owners, the area residents, the City of Roanoke, and other historic preservation- minded organizations and individuals. The subject property includes a building that is a representative example of the structures in the H -2 district in that it continues to retain its historic appearance and materials, including the original pressed metal shingle roof. Findings: The City of Roanoke created the H -2 district to: Identify properties (buildings. landmarks, structures, and areas) of architectural, cultural, and historic significance within the City that are on or are eligible for inclusion on the Virginia Landmark Register or National Register of Historic Places; Encourage the preservation, enhancement, and maintenance of such properties, and Develop and maintain appropriate settings and environments for properties. The H -2 Architectural Design Guidelines (Guidelines) adopted by the ARB and endorsed by City Council provide recommendations for exterior alterations to buildings. The ARB uses the Guidelines during its monthly meetings to consider applications related to alterations, additions, and new construction within the established historic districts. Approved proposals are granted a Certificate of Appropriateness (COA), which is necessary to obtain permits from the Permit Center in the Planning, Building, and Development Department. On November 19, 2015, the Applicant requested an administrative in -kind approval for replacing an architectural shingle roof with the same material. A copy of COAL 50225 is labeled Exhibit A. On January 5, 2016, the Applicant obtained a building permit for replacing the existing roof with an in -kind material. A copy of Building Permit 6160006 is labeled Exhibit B. Soon after the permit was issued, the Applicant's contractor, Mr. Torstein Mjelde, began removing the shingles. The City Code Compliance Inspector assigned to the area noticed the activities taking place at the subject site and asked the contractor for the description of the work. At that time, it was discovered that the existing roof was pressed metal shingle rather than architectural shingle and the administrative approval for in -kind replacement and the permit issued were invalid, due to the inaccurate work description provided on the application. Therefore, the Inspector asked the contractor to stop work and to contact Mr. Moosavi to submit an appropriate application for review and approval. On January 21, 2016, a COA application was submitted by the property owner, represented by Mr. Mjelde, the property owner's contractor, to replace the pressed metal shingle roof with architectural shingles. A copy of COA160010 is labeled Exhibit C. On February 1 1, 2016, the ARB heard a presentation by the Applicant and her representative. A copy of the Staff Report is labeled Exhibit D. Staff could not support the application and recommended denial of the COA application on the ground that the proposed architectural shingles did not have the same visual appearance as the existing pressed metal shingle roof in terms of scale, pattern, and texture. On February 11, 2016, after review and discussion, the ARB denied the COA application as proposed by a vote of 2 -2. A majority of those members present and voting was needed for the Applicant to obtain a COA. A copy of an excerpt of the ARB meeting minutes of February 11 , 2016, is labeled Exhibit E. On March 1, 2016, a letter advising the ARB's action was sent to the Applicant, advising her of her right to appeal the Board's decision to the City Council within 30 days of the date of the decision. A copy of the letter is labeled Exhibit F. On March 14, 2016, a Petition to Appeal was filed in the City Clerk's office by Ms. Tammy Britt. A copy of the Petition to Appeal is labeled Exhibit G. Considerations: City Council established the ARB to protect designated historic properties against destruction or architecturally incompatible buildings and structures. The ARB's review criteria are based on the standards set forth in the Zoning Ordinance, and, where applicable, the H -2 Architectural Design Guidelines (Guidelines). The Guidelines follow to the Secretary of the Interior's Standards for Rehabilitation, which are generally recognized criteria for appropriate treatment of historic buildings and contexts. The following Guidelines for roofs are relevant to consideration of this application: "Avoid replacing roofs with a substitute material that does not convey the same visual appearance of the historic roof." "When it is not feasible to replace standing -seam and pressed -metal roofs with the same materials, first explore the use of pre- fabricated metal roof systems." "Use substitute materials or replacement parts that retain the visual appearance of the original roof and that are physically and chemically compatible. Substitute materials should match the original in: scale, • pattern, • texture, and • color." Recommended Action: The existing pressed metal shingle roof is a character- defining feature of the existing historic building. The Architectural Review Board finds the application inconsistent with the H -2 Architectural Design Guidelines as noted in this report. Therefore, the ARB recommends that the City Council affirm the ARB decision to deny the issuance of a Certificate of Appropriateness allowing replacement of the existing pressed metal shingle roof with architectural shingles at 418 Washington Avenue, S.W. Kee Gwts��c%� ----------- - - - - -- - - - -- Katherine Gutshall, Chair Architectural Review Board Enclosures: Exhibit A through Exhibit G cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian Shaw, Planning Administrator jillian Papa Moore, Zoning Administrator Wayne Leftwich, Senior Planner Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Ms. Tammy Britt, Property Owner Mr. Torstein Mjelde, Owner's Representative poaelpn EnvWeq 1p EMW`0`58,17"47N -a= IA2MWS97E Application for In -Kind Replacement & Repair RECEIVED This form Is to be used for work not requiring ARB approval. PLEASE POST ON SITE FONCE APPROVED. PdntFo m NOV 18 2015 Data of Application it 1 5 (complete Form & Click Here to Submit Electronically CrryOF ROANOKE Washington Ave SW Roano e, VA INfrd $it¢Addf¢ss DEVELOPMENT Propefly Owner. Name: Tawny Britt Address: City: P.O. eoz S16Z Roanoke State VA Zip Code Phone Number: 2028411869 E -Mad tammy.dcrealtor @gmail.com To replace architectural roo Wt Same. T 5 5 or the main ro0 on y and not the front parch or the covered back porch. Brief ProJed Descdpdon: (Work ad requiring ARB approval kidudes pafnh'rig and O(M&y maintenance adiuibes and mplacemenl ofporMes, stab, awnfrgs roofing materials, windows, oroglerandar modf6ca8ms to an ekmrmd of abui Lift structure a landmark, where materials tithe same desgn are used and the amhdedural defril features of the structure me mairdair ed) Submittal Checklist IF A cor4shitedapplicalbn. Pr Pbelogreph(s) of existing condition of the feakwa(s) proposed for repair or replacement (pleaseprevide as affachment) Cedification I hereby certify that the exterior work to be waledaken m this property wR be done as described above and will be Inked to the &smbed matllenance and In-k- rd Signature of Property Owner: a"m'y Data ll 18/15 mr.cmmnvc: Department of Piwu000 Buldbm and Development ARB AcenI Room 166. Noel C. Taylor Municipal Building Frederick @mler, Bangor Cdy Plamrer 215 Church Avenue, S.W. Ptnna (548) 853 -1104 Roanoke, Virginia 24011 E -mail Frederick gusler @mawkeva gov Phone (5401853 -1730 Fax: (540)853 -1230 Sedmn Sebw to be ComplaW by Staff Tax Parcel Number owu an _-7_- - -. -. ( i D 2-1. cc) 1 Otlrer approvals needed Base Zoning District: jLm— 1 - Zoning Permit " drug Permt Overby Zone ' - Other.. _.. __ ..... 14 - 2 Approval Agent ArohBecarrel Review Bud + -7 �:�.- _ _Dale EXHIBIT � A Date ! 1I S //> ROANOKE Pem*AppU=#on Fm Zoning & Building Complete Form 3 Click Hereto Submit Electronically FYdmkalenbebn: Yr N• 9•n e $/6 6660 Planning Build , S Development 215 ChumhA SW, Roam 170 Roanoke, VA 24011 Phme: (640) 883.1090 F=853-1594 M ,raanpkatu.9elt ROnnitca0tarfifLanak"a, Paaeneelbad BY ndamftl•pmpayovmer • oar rcmtmwr rAaae PbbNUMa �y 6{.r'�,l -SK6� FY Nampa amel � cda r cwn-w n Rbkmea r DelanmlaNel r.W TY'aP -0a rNSwCaabXJbn rAddB•n « prelude ma•Iaq �napYMam•del roeN. btlae' 1 am aasbhw for this PmMt as an camerlbu8ear and exemption from stab have, by my slpnstum on the .aFC;f Ta Mepf 1 1O22'Y'C71 r obbnpmr•bbnd 914e FP ap 0•r• UP/—* "ad M dbWMM a nN•wd 0 Mb ha•hwM e•1•na•d•e b eb p•pabbd d lab•r and hWblry. Fa Ylbm,•tl•npe elaMrnle•eM tit. (mWalXNb eub a0. hanpapbern) Y Checklist For submission Canpbad Ne plan mluaepugatl �^ N Del• APPePmen DrN.M~ nadbx X • Oft W m oaryaT (- M,bY aahtlaewehp. r Bbl Dae'depmaa Pbn a APPeMd CaepltlbmM Deeeb~PYgbabbaeb. ('- thwrtbdadabrwd aJawWdpemenl Yele1 (mWalXNb eub a0. hanpapbern) Y Ne plan mluaepugatl �^ N Del• D.ecdpnont Pte^ Of Profept '. r�dbsDY.j (C5 PmpbM ub 1� Casbglm Tab �� 81p1b Ban-" -- SIR- d,eoed The Current Code In effect is the 2012 Virginia Uniform Statewide Building Code. 11•stl Ma (_ XN•Mask OkMa. •aed,MCaaibled Aedepe•bn•b. �^ CaNaWiaemMr•tla udnp Yam EXdHIBR d I tNentend that all app'bspau M ronswwon Wants. a ow Win N aoevaret aa, m wbrmeuon. must a pomded to the Permit Caner poor to g"a"a"of Ws epplkallpn. NI Mbrmetlm suborned wst M remmed Path, the i..ala UarnM Slalda teM.dealplanaov M Wooed, the Cnym Roaneat Mmes to eon"Is sew rata ktan(10)waaaq dryssoa,a moomuean he MsYnp or amajonel MfmmaOnn a Monte. w aaM maeas may eedetned. I Mq YNaMMM wt tll [ d��on' ra�m suammaid" am removal to Nw w pmpa mate grafiat aL onan no ama. a famoal wa,ame I4Yroe to, the Cry of ROatNe and a state kaukp omen mgamd by the VYglole Depanmem of Pmksslontl sal tXcupfiaaal Repnetlw(OPOR) I am umentata wt I em Ienuam to oonon ,tow. rite mdMremaNS of Inc mmiaa Utllam snakWOe summit Code. the Zatlle ONauac fa the Coy of Roemee and M otter epplluwe ams and ominaires PNd Name 7%111 (v,- Ski T7— 'gnMx McMUnKS Lien Adorn T Md.M Coy same _._ zip Cwto Please Do Not Enter Infomfatlon Below This Line - FOR OFFICE USE ONLY She Zoning ZONING APPROVAL sate lonhq Zoning Lite CluefieNwn �,, dw 1Y _ conforming use f�uwpsmm.ofnpnMw i fz''In '"'� fora oonelsa Met Co mdme _ Zoning Chaftl. i.Iee -R.ei _ ead the "aft r w. a.netaa q.p.mm ®peon R•tl•d ay w CaY a Rmlof a 9wld m Zereq NPP.tl. arc Data Aip.mf. - CoolmodendkpiyastabYUtl fa~CpMaY dAfYbn~ la lMaYM v wave . new use, Nan Conlwming Use r CMMmlmm.non ankta nplx Drnkp 1ef11 Pan RevNw ('o.* (� cdaq; w MMfy { HolApploUta Cw"ketle of Occupancy Require (- Yea 17y Zoning Ap -,W gY � , f _ _61.1 Datic I ` rl J /(V Pempla. 8160006 Type: BIBLDO P fv:: Rosldan0at Lccelbn al Wok: dwe111ng, two hm11Y Pm(ecl Desalp0m: roof replacFment T. m : 1022807 Mb s: 418 WASHINGT 8.141.0: Fb r: ZoMng: RM -1 Legal One: LOT 2 BLK 21 Building Permit Delsl.0 0110512016 stt" RemRep VE SW ROA UNI Asseascfs NOM CO 172 LEWIS CONTACTS: APPLICANT TAWNY ORITT RENTAL PROPERVE O1ML20IS Mme 502 KING GEORGE AVE ROANOKE, VA 24014 Ucune: OWNER TAMMY BRRT RENTAL PROPERVE 01 /0512018 Ptwna 502 KING GEORGE AVE ROANOKE, VA 24014 Lireme. CONTRACTOR TORCON CONSTRUCTION OIMMD16 M. 540-201 -2180, TORSTEIN IAIELDE 6121 SCOTFORD CT. ROANOKE. VA 24016 Llaame: 2755116025 CODE a STRUCTURE INFORMATION: Con Beam 2012 Use G..p(e): RS Type Co"kMOM: swed Sou: 2 Achmd SW: 0 U..O ea Slae: Y FIOM P (YM): N Ne0N0okoM Dea0n DMOKI: HetarK: 11.2 VMances Gr~ VWla.m Mte&ladhCmdNOm CONOITIONS: FEE SUMMARY: Oeclvetl Vaaw: 641000.00 CekJele6 VaNe: 60.00 Use DedwM V4.b Y REVIEW FEES - P6mReykaNFn: 60.00 SRe1Plat Plan Rnlaw Fee: 60.00 Tale] Raakw Fees 60.00 PERMR FMa Perna Fee: 600.00 Cekfinela olOUpsnry Fee: $0.00 Slate Ourchaw: 81.26 PenNy Fe W: 60.00 TOTALFEE6: 66120 wok Me wMaswlaOayw 1.. .mlmnd end egm In T0,m T. Jan 52 52 018 ii:OT:iT City of Roanoke permitcenter@manokeva.eov 215 CIunch A. SW Room 170 RcM VA 24011 (MO)a50 -1000 Fee 0,50-1504 Inspection Line: 8511142 Eapxa 07MM016 pam1R 140 rml 6 gme of Pe"I Hd --------- TueJw 5201811:06: DNe Damsgn Eftoos m. BMODBMAICS- 11 -e94e Eo42OFMC290 H -2, Historic Neighborhood Overlay District RECEIVED Application for Certificate of Appropriateness ,AN 21 2016 Dale ofAppllcallon I kANN 70=i�OPMENJ Site Address 1 416 Washington Ave sw Roanoke. VA 24016 Property Owner Name I Tammy Britt Address: City: Slate v^ Zip Code; 4074 PhoeNumber E -Mail. tammy.dcrealtorOgmail.com Ownei's Reprresentedve ('rf Bgpl— Dablek Narna; I Tor Mjelde Address: grog Guy 1 Roanoke Slate: F�i— ZW Cote: 2401 Phone Number: I E -Mal. moneyconsultantdhotmail.con Application Prepared By: I Tammy Britt Current Use: r Single -Famly r Two-Farmly Duplex) r Mull famur, r Townhouse r Commercial It Commercial. Describe Use: Protect Tvoe: Pr Roof r Porch r Windows and Doors r New Construction r Signs r Ware and Feces r Pending and Paving r Demditrnn r Other: 'PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION. Acknowledgement of Responsibility, I understand that all applications requiting review by the ARS must be complete and most be submitted before application deadline, otherwise, comederalion will be dekmd to the Mowing meemg. I agree bcangly with Has cedirlens of INB cerlircals and all other applicable city regrtlalions and to pursue Ibis project in strict con omMrroe with the plans approved by the ARB. I ure� are Pemilled witicut prior approval by Bre City. Signature of Property Owner: Dale. u 1 wmwmnm Seclion Below fo be Compleled by SIaH Certiirale NMnber. is 160010 Approval BY: DWB Other approvals needed: Tat Patel Number 9D2250i r- Zoning Permlt Base Zoning District: r Building Permg Agent, Amhllectural Review Board: F Aged F BZA/Plannisg Co nrusslon r Done Dale: j EXHIBIT i A Doaegn E.M I tD BA40Da10�10EJB1] -Be�B EDEDFBBBCaBn H -2, Historic Neighborhood Overlay District Detailed Project Description She Addmss ROME, Property Owner �TV"`"v I Project Oescilaiw: nnktionel informs Ion to be submifled' r Photographs rx Sae Plan r Elevation Drawags r Sample Photograph. or Catalog Pic Wresof Proposed Material r Other. i �i E • it i �f s: Oakridge' Color Availability Sham W m' C O1 N O 'D O 0 C N O O U v U C t C W AGENDA ITEM IV. D. PLANNING BUILDING AND DEVELOPMENT Noel C. Taylor Municipal Building 215 Church Avenue, Room 166 Roanoke, Virginia 24011 11 ROANOKE o oT� nokeya 06531230 February 11, 2018 Mrs. Katharine Gutshall, Chair and Members of the Architectural Review Board Roanoke, Virginia Dear Members of the Board: Subject: Request from Tammy Britt, represented by Mr. Tor Mjelde, to replace the existing metal shingle roof of the main structure with Oakridge architectural shingles at 418 Washington Avenue S.W. (Official Tax Map No. 1022507) Background: The subject site consists of a 2 1/2 -story single- family residence located within the Historic Neighborhood Overlay District (H -2). All exterior alterations are subject to a review and approval by the ARE. The applicant Is requesting approval of replacing the exisflng metal shingles roof with an architectural shingle roof, due to a consistent roof leaking issues. Findings: The H -2 Architectural Design Guidelines recommend the following: Basic Design Principles ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 DISTRICT: OLD SOUTHWEST GUIDELINES FOR PRESERVATION AND REHABILITATION • Maintain original materials and features that characterize a building and make it unique. Architectural materials and features are considered significant if they: • are original, • reflect a particular architectural style, • are examples of quality craftsmanship or design, or • reflect changes associated with a major event in the history of the building. EXHIBIT I D Page Two Staff Report to the Architectural Review Board 418 Washington Avenue, S.W. January 14, 2018 Many residential properties located within the Old Southwest neighborhood were originally developed with a On or metal shingles roof. In general, maintenance is the key to preserving the historic fabric of the structures and the lack of such effort would lead to deterioration of the original building materiel and character. The metal shingle roof Is a unique architectural feature of this house. The applicant has provided a photo of the damage to the roof. However, additional photos, Including damages to the Interior of the building caused by the roof leak, were requested from the applicant for verification and to%usilfy the need to replace the damaged roofing material. • Repair deteriorated materials instead of removing or replacing them. The existing metal shingles roof should be repaired instead of being replaced with an architectural shingle. • Replace deteriorated materials and features that cannot be repaired with new elements of the some design and material. The proposal includes replacing the existing metal shingles roof with architectural shingles. The applicant should seek alternative roofing material with a design and material consistent with the existing metal shingles roof. Visibility from the Street • In the H -2 District, staff or the ARB reviews any changes proposed to the exterior of building that are visible from the public right -of -way, including alleyways. Modifications to rear facades in the H -2 District also require review when owners propose changes that will Impact the building's 'skin , particularly changes to siding, windows and doors. However, the ARB recognizes that the ream of houses typically were more utilitarian in design and changed more frequently. Therefore, a wider range of appropriate materials and designs are allowed to the rear of properties and areas not readily visible from the street. Owners that propose additions that ab not Impact the building's original or current skin, e.g. decks and patios, also have greater design Flexibility. The roofing material proposed to be replaced Is highly visible from the street and the proposed roofing material should be In keeping with the existing in terms of its appearance. Page Three Staff Report to the Architectural Review Board 418 Washington Avenue, S.W. February 11, 2016 Roofs Architectural styles are often identified by the form and materials of the roof, which is an Important design feature. Poor roof maintenance contributes to the rapid deterioration of historic building materials including masonry, exterior siding, and paint and may result in hidden structural damage. IMPORTANT CONSIDERATIONS... • The shape and materials of a roof are important in expressing a building's style; roof features and details help to express its individual character. A well- maintained roof and gutter system will help prevent the deterioration of other parts of a building. Changing, removing, or adding materials or features to a roof can often alter or destroy a building's character. Replacing the existing metal shingles roof with architectural shingles would cause a negative impact on the existing (wilding character. GUIDELINES FOR PRESERVATION AND REHABILITATION Retaining Existing Roofs • Identify and keep the original materials and features of roofs, including: • overall shape and form, chimneys, patterning and colors, • built -in gutters, finials, ridge caps, cresting and snow guards, and valleys. The original roofing material, its shape and form should be maintained. The proposal would not be In keeping with the above statements. • Retain built-in gutters that are usable, and maintain them by Inspecting the metal liners and joints annually. Adding exterior gutters will change the look of the roof. No additional or new exterlorgutters are proposed. • Retain historic roofing materials, such as slate, day tile, wood shingles, or metal, that are still in good overall condition. If a limited area of historic roofing materials is damaged or deteriorated, repair with compatible matedals is recommended rather than the removal and replacement of the entire roof surface. N owners choose to reprove and replace their historic roofing material they must first present sufficient evidence and information to the ARB regarding the condition of the roof and feasibility of repair. The existing metal shingle roof appears to be In fair condition except for the deteriorated portion of the roof causing leaks. The damaged area Page Four Staff Report to the Architectural Review Board 418 Washington Avenue, S.W. February 11, 2818 should be repaired instead of replacing the entire roof with an incompatible material, Repairing Damage • Hand scrape rust from metal roofs with a wire brush. Coal roof With a multi- purpose water -bome coating or apply an iron-oxide metal primer and repaint. A roaring professional opinion should be sought to determine the cause of the leak and to remedy /repair the damage. Photos showing the damage caused were requested and were not provided when this report was being prepared. Replacing Existing or Missing Elements • Replace missing roofing features with materials that conform to the original in: • size and shape, color and texture, and pattern In the repair of the existing roofing process, all replacement should conform to the axisfing roofing features mentioned above. • Avoid replacing roofs With a substitute material that does not convey the same Visual appearance of the historic roof. Replacing a standing seam metal roof with asphalt shingles, for example, dramatically alters the building's appearance. If replacement is not technically, the substitute material should convey the same visual appearance of the original roof as much as possible. All efforts should be made to repair the existing roof. However, if no other options are available, the applicant should propose a roofing material that convey the same visual eppeamnce and materiel of the histork metal shingle roof. Staff Comments: The applicant must provide documentation that warrants replacement of the existing roof. In addition, replacement material of the existing roof Is Inconsistent with the H -2 Design Guidelines. Oakridge architectural shingles is not an appropriate replacement material for the existing metal shingles roof. Therefore, staff does not support the application and recommends denial of the COA application as proposed. Parviz Moosavi, ARB Agent 29 CM Ol'ROANOKE Roofs ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 D151RICT Multiple roof slrepes end petlemed shingles create mried roofiines flint nddardlifecturnl interest to 11te disMci. Architectural styles are often identified by the form and materials of the roof, which is an important design feature. Identify and keep the original materials and features of roofs, including! • overall shape and form , • chimneys, • patterning and colors, • dormers, • built- inguHers, • cupolas, • finials, • ridge caps, • cresting and snow, guards, and valleys. Poor roof maintenance contributes to the .. yabkd rapid deterioration of historic building ma- DEFINITIONS terials— including masonry, exterior siding, Condon Osnodad tda, and paint — and may result in hidden stmc- warkpWred Wang Ueiopaf tural damage. a well fn Cupatc AmWl done an dwvlaror palygrnel base Matealsamuforhuat. U, 1 c,rl D•.mw:wwbMow tlwr ,,y , dd.. gfOOf n;:i rlr �, I rhinl Loo aa,a yr PIWieC 1'lem ef•hed . ... nwblalbiiblemnnbmne ^," nPErnpmndvn Gen' ii, r i, rdn 4nr U'ifi wmrpne1,in Hip: The•bping, fdngAe r 'ndpl .... r. ebpedmd Ue� Lr,drO,r. haW"0. Mewl Wt O;a... .... : ria4 o, lm deco- wr Ir:n, ottimApwared nO�EIY�erhep¢ Man Theuppemwstrync timoftwodopingmN Standin Stevaing •ens: The xem bdweenadjaasnt•heebnt a Recommerldedactionsortfeatmenta niealf sing amindicatedby . vdley:Thestst fanned by din intmooian at two a Actions or treatments not more- Inneeil.fplams mended are indicated by . Identify and keep the original materials and features of roofs, including! • overall shape and form , • chimneys, • patterning and colors, • dormers, • built- inguHers, • cupolas, • finials, • ridge caps, • cresting and snow, guards, and valleys. Thesefan'samtypimlofdistriclmofs. His- toric mofslxpe and fame slrouhl be mtaineden district bufldfngs. Retain built -in gutters that are usable, and maintain them by inspecting the metal liners and joints annually. Adding exterior gutters will change the look of the roof. Retain historic roofing materials, such as slate, day tile, wood shingles, or meta, that are still in good overall condition. If a Bridled area of historic roofing materials is damaged or deteriorated, repair with .. yabkd - awnind r i1 � �'• . -rn^ bnnmbag srbkr fn blear✓ Thesefan'samtypimlofdistriclmofs. His- toric mofslxpe and fame slrouhl be mtaineden district bufldfngs. Retain built -in gutters that are usable, and maintain them by inspecting the metal liners and joints annually. Adding exterior gutters will change the look of the roof. Retain historic roofing materials, such as slate, day tile, wood shingles, or meta, that are still in good overall condition. If a Bridled area of historic roofing materials is damaged or deteriorated, repair with compatible materials is recommended rather than the removal and replacement of the entire roof surface. If owners choose to remove and replace their historic roofing material they must first present sufficient evidence and information to the ARB re- garding the condition of the roof and feasi- bility of repair. rtond'ngwm �roo0rhingln IINrrM1iryM oar tlln pmuyt Historic roofing materials such as those shoran here should br retained. Keep standing seam and pressed -metal roofs painted and all seams tightly crimped. Regularly inspect flashing at ridges, hips, valleys, chimneys, vents, dormers, and sky- lights, and replace when deteriorated. Do not apply paint coatings or weatirer- proofing to a non -metal root or other his. torically unmated roofing materials. Such products may be appropriate to repair lo- calized problems, but their general use an alter the roofs overall appearance. Historically unpainted roofing materials, such as flu slate thous hen, shouldrnnain un- painted. Carefully remove and store existing slate, tiles, or shingles when making repairs to roofing substructure and replace them once repairs arc complete. Replace damaged slate, wood, or cement - asbestos roofing shingles using the "copper - tab" or "hidden -nail" methods of shingle replacement or other established preserva- tion techniques. Should the substructure of this roafrequire rt Pairs, these state shingles should be mrefhdly removed, stored, and replaced when repairs are complete. Hand scrape rust from metal roofs with a wire brush. Coat roof with a multi- purpose water -bome coating or apply an ironroxide metal primer and repaint. Shown an tie left is fire hidden -nail hnelhod of shingle mplavemmf. On fist right is the ropper- tab nhelhod. Both are approp»nre for use. Do rat use roofing -cement patches on ran - asphalt roofs. Prolonged exposure to sun will cause roofing cement to dry, crack, and curl, thus Mapping water and hastening roofdeterioration. Replace missing roofing features with ma- terials that conform to the original in: • size and shape, • color and texture, and • pattern. 30 OEFINMONS I... A.M. ten propcbtromaatpingrnnf tiuWrF Px�dahM mnelartladbtmmbnro ued ropwtdlolnb lam wanerpewiraaon PmaM ma W: ateW tat hisbee:prevedLaodem- ntlits, Thar. aidge Thauppvmaapmc- mid. odoping raaf mtara. Fkivgta: Sdingarrwf g unibtypiraliyoudeol wood, ale m,uele, salt, used u a cvvmtg and ap- plkd in an oentpol, Patton. SauthaSt am: U.. oata nail, sheetof valley: The sister I.ofrmed in Neinte f l.. Lao inclined raofplanes. v: Shown an tie left is fire hidden -nail hnelhod of shingle mplavemmf. On fist right is the ropper- tab nhelhod. Both are approp»nre for use. Do rat use roofing -cement patches on ran - asphalt roofs. Prolonged exposure to sun will cause roofing cement to dry, crack, and curl, thus Mapping water and hastening roofdeterioration. Replace missing roofing features with ma- terials that conform to the original in: • size and shape, • color and texture, and • pattern. 30 OEFINMONS I... A.M. ten propcbtromaatpingrnnf tiuWrF Px�dahM mnelartladbtmmbnro ued ropwtdlolnb lam wanerpewiraaon PmaM ma W: ateW tat hisbee:prevedLaodem- ntlits, Thar. aidge Thauppvmaapmc- mid. odoping raaf mtara. Fkivgta: Sdingarrwf g unibtypiraliyoudeol wood, ale m,uele, salt, used u a cvvmtg and ap- plkd in an oentpol, Patton. SauthaSt am: U.. oata nail, sheetof valley: The sister I.ofrmed in Neinte f l.. Lao inclined raofplanes. 31 DERNIIIONS Deeltis'.. warn'. smnswd adatt and root ingmatedaboser.,r6d sPatee M. AwW wthat prokru ft. a staples rod. Dawrpoat A welcd pipe uadta roMm water form aguuertotheground Nbb: Thesbpe da roof. usually upressed ua alb drive(helghr_ b ran Repair and maintain, rather than replace, his - haric roof nmtedals such as state and standing - searn metal. Avoid replacing roofs with a substitute material that does not convey the same vis- ual appearance of the historic roof. Replac. ing a standing seam metal roof with asphalt shingles, for example, dramatically alters the building's appearance. V replacement is not technically, the substitute material should convey the same visual appearance of the original roof as much as possible. Do not remove cornices, soffits or eave elements such as brackets or headboard without replacing them with new ones of like design and material. Do not wrap or cover onmices, soffits, or eaves with substitute materials like alumi- num or viny4 as the cover up original cl - tails and may also hide underlying moisture problems. Rambler open joints and patch holes in hung -metal gutters and gutter liners. This type of soldering generally requires an ex- perienced contractor. Use epoxy cotawlidants W repair woad gutters. Prime and apply two finish paint coats to exposed surfaces. Wood gutters should be treated with wood preservatives conmin.mg water repellents. Do not deck over hidden gutters if it clumps the pitch of the roof at the gutter line. Gutters and darmspouts should be kept dean. Pm use ofhalf -round grafters and rmmd dorunspouts is preferable to the use of ogee or comrgatedgathrs and doarmpouts. Retain the character, materials and roof forms of existing dormers. Locate new dormers on less prominent roof slopes whenever possible. Do not add skylights or roof -fop utilities, such as mechanical equipment and solar collectors, to the primary slope of a roof. Do not remove a roofing feature, such as a dormer, without replacing it with a in- ture that is compatible with the character of the building. Install roof vents without diminishing the original design of the roof and building. Vents should be installed so as not to be visible from the primary elevations. Low profile roof vents are appropriate in design, while rotating or whirly -gig vents are intrusive in design and should not be used. Do not random dormer windows. Do out replace dormer windows with vents, louvers, orexhaust fans. T t fr Skylights, when installed on the pmdandnant mmf slope as shourn Iraq diminish historic dmr- acM Repair flashing that has come loose from the vertical wall of a chimney by reinstall- ing and sealing it with a high - quality, nee - tharm caulk Holes in copper Flashing can be repaired with a soldered patch. Holes in aluminum flashing can be repaired using a temporary cold -patch method. The patch should be inspected at least twice a year to make sure it is still holding. Employ an experienced chimney sweep or mason when a chimney: needs cleaning, needs repainting of mortar, needs loose bricks replaced, has cracks in the flue lining, or • is leaning. Chimney repair or repainting should con- form to the guidelines for masonry. Chimneys on prominent elevations should remain in place, as they are character - defining features. If chimney removal is desired, a stmc- rural engineering report must accompany application to explain structural integrity and feasibility of repair. Ifa chfmney such as the oneshown needs clean- ing, re- pointing, or repiamueni or has trucks or is leaning, an experiencedmason should be ear ployed. Do not remove a roofing feature, such as a chimney, without replacing it with a fea- ture that is compatible with the character of the building. When the use of traditional roofing mate- rials is not feasible, suitable alternative ma- terials may be used. When it is not feasible to replace stand- ing -seam and pressed -metal roofs with the same materials, first explore the use of pre- fabricated metal roof systems. Replacements for wood shingles include: • fiberglass shingles, • cementitiousshingles,and • heavy-duty asphalt shingles Replacements for slate include: • mineral -fiber shingles, • simulated-slate concrete tiles, and • outer faux slate materials, • stained -wood shingles, and • fiberglass or asphalt shingles designed to resemble slate. Check local salvage yards as sources for suitable replacement roofing. When replacing roofing materials, be sure to reinstall or replace associated roof detail- ing, such as ridge caps and snow guards. 4 Use substitute materials or replacement parts that retain the visual appearance of the original roof and that are physically and chemically compatible. Substitute materials should match the original in: • scale, • patter, • fexture,and • color. 7lds mr fhas an apprepriale faux -state shingle surface. 32 Architectural Review Board Minutes February 11, 2016 Page 16 of 23 Mr. Moosavi said that the proposal was In compliance with the design guidelines and therefore staff recommended approval, but he wanted to emphasize the location of it. He asked Mr. Goebel to explain to the Board how far the shed would be from the alley. Mr. Goebel said that the shed would be roughly fifteen feet from the alley and roughly five feel from the nearest neighbor. He said N it needed to be further away, he would be flexible. He sold that the reason he contacted the Board was to find out where he needed to start in planning. Mr. Moosavi said that based on the zoning requirements, sheds that size didn't really have specific setbacks. He said that they could be right on the property line, but staff recommended allowing at least a few feet for maintenance issues. He said he received a call from a neighbor who was concerned with the location of the shed, and that was why he was trying to hear It from the applicant at this hearing. Mr. Moosavi recommended approval. Mrs. Gutshall asked if there were any Board comments on the application. She said that the horizontal siding and the metal roof seemed to be in keeping with the property, and it seemed to meet the Architectural Review Board guidelines. She said she did not see any problems with the application. Mr. Vail made a motion to approve the application. Ms. Dykstra seconded the motion, and the motion passed with a vote of 4-0. Ms. Dykstra — yes Mr. Vail — yes Mr. Hume —yes Mrs. Gutshall — yes D. 418 Washington Avenue S.W. (Official Tax Map No. 1022507) Request from Tammy Britt, represented by Mr. Tor Njelde, to replace the existing metal shingle roof of the main structure with Oakridge architectural shingles. Tammy Britt said she had gone before the board and gotten approval for the shingle to replace the metal at 502 King George Avenue. She said that the roof she was proposing was an architectural metal, and she wanted to replace the roof with the same look. Mr. Tor Mjelde sold that Ms. Britt also had two properties on Marshall Avenue. He said that their original intention was to put architectural shingle on three houses. Not EXHHIIBR G Archllecluml Review Board Minutes February 11, 2016 Page 17 of 23 knowing the historic miss, they went to get a permit. Mr. Mjelde said that they obtained a permit for this particular house to put the architectural shingles on. He said that It was quite inadvertently that they received the permit, but they were stopped the same day they started working on the house. Mr. Mjelde said they stopped working right away and went to see City personnel about it. They found out what the rules were and switched gears. Mr. Mjelde said that the part of the roofs on the other two houses on Marshall Avenue that had raised seam metal had been replaced with raised seam metal. He said they had permits for the action, and it complied 100% with the requirement. Mr. Mjelde said that the house at 418 Washington Avenue had a whole different type of metal on it. He said it looked like a shingle and they were individual panels, but over the years they had developed little pin holes in them. He said that because of water's meniscus, it did not go through all the holes because they were so small. Mr. Mjelde said that the roof had started leaking, so they put several coats of tar on the roof. Mr. Mjelde said that this roof didn't have much tar. Using a photograph, he showed the holes and cracks through the metal, which was representative of most of the shingles on the roof. He said that as the tar was taken off, one could see the holes in the shingles. Mr. Mjelde said that kinking at the roof from a distance, it looked like architectural shingles. He said that originally they thought it was shingle with the tar and the coloration. He said that he and Ms. Britt wanted to replace the roof with a similar coloration and make it look like the same type of texture. Ms. Britt interjected, saying that there had been confusion about the shingle. She said that the roof looked like shingle, and that's where the confusion was between herself and Mr. Moosavi. She said that the roof at 418 Washington was the some type of roof that used to be on 502 King George Avenue. Ms. Britt said that someone came from the Architectural Review Board to physically see the roof, and Ms. Britt took her into the attic to see and she saw the pinholes. Ms. Britt said she understood that the Board had guidelines to go by and Mr. Moosavl had explained them to her. Ms. Britt said she tried to do the right thing. She said that she and Mr. Moosavi had come to an agreement with the 812 and 824 Marshall properties. She put a raised seam on those two front porches and architectural shingle on the main roof. She said it looked great, but this situation was different. She said it wasn't the same metal. Mrs. Gutshail said it was shingle rather than standing seam. Mr. Mjelde said that they could not even gel that type of metal. He said that they couldn't get pressed metal roof, because it was made a long time ago. Mrs. Gutshall asked what color or variety was being proposed for the roof. Architectural Review Board Minutes February 11, 2018 Page 18 of 23 Mr. Mjelde said It was Slate Grey. Ms. Britt said that the closest to the existing roof was the Slate Grey color. She said she wanted to do the same, and she wanted the property to look nice. Ms. Britt said that she had great tenants that she wanted to take care of, and she was more than willing to go with the same color. Mrs. Guishall thanked Ms. Britt for her presentation and asked for public comments. Hearing none, she asked Mr. Moosavi for staff comments. Mr. Moosavi said that he needed to emphasize again in the guidelines the section related to replacement and substitute material where it said, "When It is not feasible to replace standing seam and pressed metal roof with the same material, first explore the use of prefabricated metal roof system." He said that Mr. Leftwich had done a bit of research, and the material that was presented to the board was available. Mr. Moosavi said that he would be glad to share the product information with the applicant If they wished. He said that stairs recommendation was to deny the application, mainly because the appearance of the proposed architectural shingle was not the same. He said that he felt better about denying the application after seeing the sample because it had more detail and was not an architectural shingle look. Mr. Moosavi recommended denial of the application. Ms. Britt said that when she, Mr. Moosavi, and Mr. Mjelde talked, Mr. Mjelde had said that this material couldn't even be found any more, and Mr. Moosavi agreed that he couldn't. Mr. Moosavi said he never said that. He said the contractor, Mr. Mjelde, had made that statement. Mrs. Gutshall opened the floor for Board comments. She said that the Board was not sure exactly what it meant, what Mr. Moosavi read about when it was not feasible to replace standing seam and pressed metal roofs with the same materials and using prefabricated roof systems Instead. She said she would assume It was something similar to the Tuff Rib system. Mrs. Gulshall said she did not feel that the TO Rib system was more in keeping with the standing seam metal roof than a shingle. She said she didn't think that it would necessarily achieve the same look, which differed from the case earlier tonight because in this case there was a shingle and it would be shingle replaced with shingle Instead of metal replaced with shingle. Mr. Moosavl said that staff was not suggesting that the applicant should use the Tuff Rib system at all. Architectural Review Board Minutes February 11, 2016 Page 19 of 23 Mr. Vail said that when the Board members went to see the house during the tour, there was a house next door which had a recently replaced roof. He asked if it was a metal shingle replacement that had just been put on. Mrs. Gutshall said that it was. Mr. Vail said that then there must be a similar product available that was better. Mr. TaleA reminded Mr. Vail that Mrs. Gutshall had asked for Board comments, not questions. Mr. Vail asked if a metal shingle replacement would be a more appropriate solution than an architectural shingle. Mrs. Gutshall said it was an architectural shingle, and it did have some detailing on It. She said that the product which recently came before the Board was intended to simulate slate, but it had a similar look to the shingles that were on the other house. They were metal and they were shingles. Mrs. Gutshall said that in that way, she thought it would meet the qualifications of the guidelines in that It mimicked what was on Ms. Britt's roof currently and it was in keeping with the character of the roof. She said she thought it would be an appropriate material to go back with as an option. Mr. Vail asked ff that product existed without the slate character. Mr. Hume said he believed that there were decorative metal shingle panels on the market. He said that he believed there were similar new panels. He said that there were probably some that were similar that were less pricy than what existed out there. Mr. Mjelde passed around a photograph of the roof in question so the board could examine the texture and the look of it. Mrs. Gutshall asked if there were any other Board comments on what was proposed. She reiterated that Ms. Britt was retaining the existing roof line and achieving the same general look in that she was replacing shingle with shingle. She said the only difference was the change in material, which was what the Board needed to consider. Ms. Dykstra asked Ms. Britt If she would be willing to consider some of the forms available. Ms. Britt said that the metal shingles looked so much like shingle that when she submitted it to Mr. Moosavi, he thought it was shingle. Ms. Britt said she didn't know anything about roofs, but what had been on the roof at 418 Washington was shingle. She said that she and Mr. Moosavi had talked about the metal. Ms. Bdtt said that the Architectural Review Board Minutes February 11, 2010 Page 20 of 23 property looked like shingle and would have a better look than with metal, even though it was discussed. Mrs. Gutshall said she thought that the asphalt shingles would accomplish the same look as what Ms. Britt currently had. She said there was a metal sheen, but tar would be on top of it. Mrs. Gutshall said that the shape was the same, the color would be the same or similar, and the roof line would not be changing. She asked 'd Ms. Britt would keep the finial intact on the dormer or curved metal piece. Ms. Britt said yes Mrs. Gutshall said that keeping roof elements intact was important to the board. Ms. Britt said she understood. She said she wanted to keep the house as historic as possible, and the property had great historic features. Mrs. Gutshall asked if there were any other Board comments or a motion. Mr. Hume said that it was the intent of the guidelines to try to keep the property to Its original character. not the character today, not the character two years ago. He said that under the existing black material was a tin pressed roof. Mrs. Gutshall said that the Intent of the guidelines was to obtain a similar appearance. She read from the guidelines, *Use substitute materials or replacement parts that retain the visual appearance of the original mof and that are visibly and chemically compatible.' She said that at the end of the day it was about appearance and how it looked and if it was what previously existed. Ms. Britt said that when the Architectural Review Board gave her the approval before, it was for the same type of roof. Mr. Hume said he was making the assumption that the black coating was to seal the roof so it wouldn't leak, but before that it had a sheen to it of some nature. Ms. Britt said that when she bought the house, the roof looked as it did now. She didn't know what it looked like before. Mr. Moosavi said that no one wanted to put a red shingle back on. Mr. MJelde said that the roof had tar now, so they were putting tar back in. Mrs. Gutshall asked Mr. Moosavi If he had additional instances for the Board. Architectural Review Board Minutes February 11, 2016 Page 21 of 23 Mr. Moosavi said no, he couldn't find h. He said he hadn't had it ready to bring it to the meeting, and apologized to the Board. Mrs. Gutshall said the Board would like to see something that was an exact match. She said that for the neighboring house, the Board had approved a metal shingle. She reminded the applicant that the guidelines said that a substitute material or a replacement part should retain the visual appearance. She said she didn't believe it required an exact replacement of it. She said Ms. Britt believed that those were typical shingles to replace in time. Ms. Dykstra said that she couldn't make it closer than the asphalt could. She said that the Board had agreed from a new standing that the shingles didn't even exactly mimic it. M3 Ms. Britt said that she wanted to put nicer shingle on the roof to give it the same Ms. Dykstra made a motion to approve the application. Mr. Vail seconded the motion. Mrs. Carr was asked to call the roll, and the motion resulted in a vote of 2 -2. Ms. Dykstra — yes Mr. Vail —no Mr. Hume — no Mrs. Gutshall — yes Mr. Talevi said that no action of the Board should be valid unless authorized by a majority vote of those present voting. He said that for the motion to be carried, it needed a 3 vote out of 4 present; therefore, he declared that the motion failed. Mr. Talevi told the applicant that they had the choke of either appealing to City Council or submitting a second application. He told Ms. Britt that if she chose that route, she should talk to Mr. Moosavi to make sure it was sufficiently different from the previous application. Ms. Brig said she would appeal to City Council. Mrs. Gutshall thanked Ms. Brit. E. 515 8" Street SW (Official Tax Map No. 1113111) Request from the Virginia Division of Historic Resources (DHR), represented by Brant Cochran with 515 a Street, LLC, to review the proposal and Via USPS and email March 1, 2016 Ms. Tammy Britt PO Box 8162 Roanoke, VA 24014 tammv dcrealtor @email com Mr. Tor Mjelde, Representative moncyconsultant@hQtmaii.com Dear Ms. Britt: Subject: Certificate of Appropriateness No. COA160010 418 Washington Avenue SW Official Tax Map #1022507 On February 11, 2016, the City of Roanoke Architectural Review Board considered your request to replace the existing tin roof of the house at 539 Elm Avenue, S.W., with architectural shingles, and a Certificate of Appropriateness was denied. Based on the staff report and the discussion at the Architectural Review Board meeting, the Board found that the application was not consistent with the H -2 Historic District Design Guidelines, which can be viewed online at htti3-//www.roanL)kgyg.gov/1047/Histo[IL-12istrict-Guidelines . If you are aggrieved by this decision of the Architectural Review Board, you have the right to appeal the Board's decision to City Council within 30 days of the date of the decision. Information on the appeals process is enclosed. Please contact Parviz Moosavi at 540 - 853.1522 if you have additional questions. Since ely, atherine Gutshall, Chair oanoke City Architectural Review Board KG /knm enclosure EXHIBIT F PLANNING BUILDING AND DEVELOPMENT Noel C. Taylor Municipal uilding 216 Church Avenue, SW SW, Room 188 Roanoke, Virginia 24011 ROA N O K E 540 8531730 lax 540 853 1230 n nnn r k Via USPS and email March 1, 2016 Ms. Tammy Britt PO Box 8162 Roanoke, VA 24014 tammv dcrealtor @email com Mr. Tor Mjelde, Representative moncyconsultant@hQtmaii.com Dear Ms. Britt: Subject: Certificate of Appropriateness No. COA160010 418 Washington Avenue SW Official Tax Map #1022507 On February 11, 2016, the City of Roanoke Architectural Review Board considered your request to replace the existing tin roof of the house at 539 Elm Avenue, S.W., with architectural shingles, and a Certificate of Appropriateness was denied. Based on the staff report and the discussion at the Architectural Review Board meeting, the Board found that the application was not consistent with the H -2 Historic District Design Guidelines, which can be viewed online at htti3-//www.roanL)kgyg.gov/1047/Histo[IL-12istrict-Guidelines . If you are aggrieved by this decision of the Architectural Review Board, you have the right to appeal the Board's decision to City Council within 30 days of the date of the decision. Information on the appeals process is enclosed. Please contact Parviz Moosavi at 540 - 853.1522 if you have additional questions. Since ely, atherine Gutshall, Chair oanoke City Architectural Review Board KG /knm enclosure EXHIBIT F