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HomeMy WebLinkAboutCouncil Actions 09-18-17ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 18, 2017 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order - -Roll Call. Vice -Mayor Price was absent (2:00 p.m. session only) The Invocation was delivered by Monsignor Joseph P. Lehman, Pastor, Our Lady of Nazareth Catholic Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, September 21 at 7:00 p.m., and Saturday, September 23 at 4:00 p.m.; and video streamed through Facebook Live at facebook .com /roanokecitycouncil. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: The Council of the City of Roanoke is seeking applications for the following current vacancies and /or upcoming expirations of terms of office: City of Roanoke Redevelopment and Housing Authority — one vacancy Four -year term of office ending August 31, 2021 Mill Mountain Advisory Board — one vacancy Term of office ending June 30, 2020 Personnel and Employment Practices Commission — one vacancy Term of office ending June 30, 2020 Roanoke Neighborhood Advocates — one vacancy Unexpired term of office ending June 30, 2019 Visit Virginia's Blue Ridge, Board of Directors — one vacancy Term of office ending June 30, 2018 Youth Services Citizen Board — four vacancies Two -Terms of office ending June 30, 2020 (Citizen At- Large) One - Unexpired term of office ending June 30, 2018 (Public Sector) One -Term of office ending June 30, 2018 (Student/William Fleming) Access the City's homepage to complete an online application for the abovementioned vacancies. The City of Roanoke also is accepting nominations for the 2017 Citizen of the Year. To obtain information to submit a nomination, contact the City Clerk's Office at (540) 853 -2541 or access the form at each city library branch. Deadline for receipt of nominations is Wednesday, September 27, 2017. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A proclamation declaring September 17 — 23, 2017 as Constitution Week. Presented ceremonial copy of proclamatilon to Caroline Wehner, Regent, Nancy Christian Fleming Chapter, Daughters of the American Revolution. 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. Kevin Davies, Boones Mill, Virginia; Troy Larimer, Rocky Mount, Virginia; Geoffrey Campbell, Daleville, Virginia; and Bennett Early, Salem, Virginia. 4. CONSENT AGENDA: (APPROVED 6 -0) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. The Mayor called attention to two requests for Council to convene in a Closed Meeting. C -1 Minutes of the regular meetings of City Council held on Monday July 17, 2017; Monday August 7, 2017; and Monday, August 21, 2017. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 A communication from Mayor Sherman P. Lea, Sr., requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. A list of current vacancies is included with the agenda for this meeting. RECOMMENDED ACTION: Concurred in the request. C -3 A communication from Mayor Sherman P. Lea, Sr., requesting that Council convene in a Closed Meeting to discuss the 2017 Citizen of the Year Award, pursuant to Section 2.2 -3711 (A)(10), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -4 Annual Report of the Board of Zoning Appeals for the 2016 — 2017 fiscal year. RECOMMENDED ACTION: Received and filed. C -5 Annual Report of the Architectural Review Board for the 2016 — 2017 fiscal year. RECOMMENDED ACTION: Received and filed. C -6 Reports of qualification of the following individuals: The Honorable Onzlee Ware as a City representative (Juvenile and Domestic Relations Court) of the Court Community Corrections Program Regional Community Criminal Justice Board for a term of office ending June 30, 2020; Robert S. Cowell, Jr., as the City Manager for the City of Roanoke, Virginia, effective September 5, 2017; John B. Rottenborn as a member of the Mill Mountain Advisory Board for a three -year term of office ending June 30, 2020; J. Granger Macfarlane as a Roanoke City appointee of Western Virginia Regional Industrial Facility Authority to fill the unexpired term of Christopher P. Morrill ending February 3, 2018; and Beatrice Schleupner as a member (Student/Patrick Henry High School) of the Youth Services Citizen Board for a one -year term of office ending June 30, 2018. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: Repeal Budget Ordinance No. 40913 - 080717 adopted by the Council on August 7, 2017, to correct fiscal year. Adopted Budget Ordinance 40960 - 091817, as amended. (6 -0) Authorization for acquisition of real property rights needed for the Lakecrest Court and Greenlee Road Drainage Improvement Project. Adopted Ordinance No. 40961- 091817. (6.0) 3. Amendment of the FY2018 budget in connection with admissions tax revenue collected at the Berglund Center. Adopted Budget Ordinance No. 40962- 091817. (6 -0) COMMENTS OF THE CITY MANAGER. The City Manager shared the following comments: • The City- County Communications and Marketing Association recently recognized the city's Office of Communications and the Office of Citizen Engagement for their Savvy Awards entries as follows: • The Silver Circle Award for "Bringing George Takei to Roanoke" — Special Events — One -Time Event category • The Award of Excellence for "The Holidays in Roanoke" - Social Media — Best Campaign Use category • The Award of Excellence for "Roanoke City Manager Search" - Resident Participation category. • Deschutes Brewery is sponsoring the 2017 Deschutes Go Cross Race on Saturday and Sunday, September 30 and Oct. 1, at the Fallon Park Cyclocross Course. • Professional cyclists from all over the United States will race for a $10,000 cash award. • The race will also host a beer -mile run, a unique "cross- style" running race, live music, Deschutes Brewery beer garden, food trucks, and more. • The "After Party" will be at the Deschutes Brewery tasting room in downtown Roanoke. • To participate, register at gocrossrace.com • The CitvWorks (X)ao VII will be held October 5 through 7, in Grandin Village. o This is a national idea exchange and festival conference for anyone who is passionate about the work of placemaking and creating stronger communities. o Now in its seventh year, the (X)po continues to start conversations that can change the world by providing a platform for sharing big ideas. o The event includes an Action Team focused on turning (X)po Ideas into (X)po Action, and a new Youth (X)po program focused on equipping young people to be change agents. o Tickets are available at cityworksxpo.com. 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the Director of Finance recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 40963-091817. (6 -0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution designating a Voting Delegate, Alternate Voting Delegate for the Business Session and Staff Assistant for the Annual Virginia Municipal League Business Meeting to be held on Monday, October 2, 2017 in Williamsburg, Virginia. Adopted Resolution No. 40964-091817. (6 -0) 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Mayor Lea announced that Jen Sosnowski, a Science Teacher, Community High School in Roanoke, was a grand prize winner on Jeopardy, the game show. He asked that Ms. Sosnowski be recognized at a future Council Meeting. He also announced that City Council will convene as the Sole Stockholder of the Greater Roanoke Transit Company at 4:00 p.m., in the Council Chamber, to convene in a Closed Meeting to discuss and /or consider acquisition of real property for a public purpose and /or disposition of real property owned by Greater Roanoke Transit Company, generally known as Campbell Court, located at Salem Avenue, S. W., and Campbell Avenue, S. W., in Roanoke, Virginia, and bearing Official Tax Map Nos. 1011105, 1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 1011118, 1011119, 1011120, 1011122, and 1011129, pursuant to Section 2.2 3711(A)(3), Code of Virginia (1950), as amended. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. To be discussed in Closed Meeting. 12. RECESS - 3:03 p.m. Mayor Lea relinquished the Chair to Council Member Trinkle, former Vice - Mayor and Senior Member of the Council, to preside over the Closed Meeting; and thereafter, left the meeting. THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM; AND THEREAFTER, TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER. ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 18, 2017 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. All Present. The Invocation was be delivered by The Reverend Dr. Brian E. Smith, Senior Pastor, First Baptist Church (Roanoke). The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea CERTIFICATION OF CLOSED MEETING. (5 -0, Mayor Lea and Vice - Mayor Price abstained from voting, due to being absent during the Closed Meeting.) Appointed Jolan Yow to fill the unexpired term of Ssunny Shah ending March 31, 2018; and Jared Rigby to fill the unexpired term of Steve Stinson ending March 31, 2019 as members of the Parks and Recreation Advisory Board. Reappointed Landon Howard and Ssunny Shah as members of the Roanoke Civic Center Commission for three -year terms of office, each, ending September 30, 2020. Reappointed Katherine Coffield and appointed Bill Mason to replace Aaron Copeland as members of the Architectural Review Board for four -year terms of office, each, ending October 1, 2021. Reappointed Vickie H. Bibee and Duke Baldridge as Directors of the Economic Development Authority for four -year terms of office, each, ending October 20, 2021. (City Attorney to prepare proper measures for adoption by the Council at its meeting on October 5, 2017.) Appointed Jackie Clewis, Risk Manager (Classified Service), to replace Carolyn Barrett (Protected Class /Citizen at Large) as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2020. Appointed Christina Hatch as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of office of Scott Horchler ending June 30, 2019. Appointed Robert S. Cowell, Jr., City Manager, to replace Sherman M. Stovall, Acting City Manager /Assistant City Manager for Operations, as a City representative of the Roanoke Valley Broadband Authority for a term ending December 12, 2019. Appointed William Sellari to replace Kelvin C. Bratton as a member of the Mill Mountain Advisory Board ending June 30, 2020. Reappointed Joseph A. Wood (Tower) as a member of the Towing Advisory Board for a three -year term of office ending October 31, 2020. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, September 21 at 7:00 p.m., and Saturday, September 23 at 4:00 p.m.; and video streamed through Facebook Live at facebook .com /roanokecitycouncil. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGEMENTS: A resolution memorializing the late Frank N. Perkinson, Jr., a former Council Member and community leader. Adopted Resolution No. 40965 - 091817. (7 -0) Ceremonial resolution was presented to Mrs. Ginger Parkinson. Recognition of Virginia Western Community College CCAP Students. CCAP Students were presented Certificates of Achievement and All- America lapel pins during visit in the Mayor's Office, prior to the Council Meeting. B. PUBLIC HEARINGS: 1. Receive public comments on the City's Draft 2016 - 2017 Consolidated Annual Performance and Evaluation Report (CAPER) for its Federal Housing and Urban Development (HUD) Funded Programs. No action taken. Resolution to be adopted at the Recessed Meeting on Friday, September 22, 2017, at 8:30 a.m., at the Raleigh Court Branch Library. At this point, Council Member Garland left the Council Chamber. (7:27 p.m.) 2. Continuation of the matter with regard to a proposal of the City of Roanoke to sell approximately 1.4 acres of land and improvements, known as the former Fishburn Park Caretaker's Cottage, located at 2424 Brambleton Avenue, S. W., to Lora J. Katz, in order to restore the building and use it for a single family residence. (Public hearing was conducted at the August 21, 2017 Council Meeting.) Adopted Ordinance No. 40966 - 091817, as amended. (6 -0, Council Member Garland was not present when the vote was recorded inasmuch as he had previously advised of a personal conflict of interest at a prior Council meeting) At this point, Council Member Garland entered the meeting. (8:49 p.m.) C. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Kevin Davies, Boones Mill, Virginia. D. RECESSED - 8:56 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL FRIDAY, SEPTEMBER 22, 2017 AT 8:30 A.M., IN THE COMMUNITY ROOM, RALEIGH COURT LIBRARY, 2112 GRANDIN ROAD, S. W., FOR THE ANNUAL STRATGEIC PLANNING WORK SESSION. 10 September 19, 2017 Monsignor Joseph P. Lehman Our Lady of Nazareth Catholic Church 2505 Electric Road, S. W. Roanoke, Virginia 24018 Dear Monsignor Lehman: On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, September 18, 2017. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. _SmcqTIy, `fin n Stephanie M. Moon Reyn \ \o17Js,�MM City Clerk 41k ... I CITY OF ROANOKE OFFICE OF THE CITY CITRK 215 ('Imrdl Avcnnc, S. W., Suitt, 456 k., Roanoke, Vilgin 11 23014 -I536 '1'ACpknne: IG41p I Euz: (SOU)NSl -I14G -1145 ti'Il(I'INNIL: M1I. M1II111N RP:1'N(Il.11fi, M1IM1I(' U: mull elerk(n n,unnkevu'R "4 ('ECELIA F. M1I('('OY ('lerk D,i l } ('i1, ('lei k CE('ELIA'1'. WEBB,( U Asslslmtl Uepnp' ('ily Clerk September 19, 2017 Monsignor Joseph P. Lehman Our Lady of Nazareth Catholic Church 2505 Electric Road, S. W. Roanoke, Virginia 24018 Dear Monsignor Lehman: On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, September 18, 2017. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. _SmcqTIy, `fin n Stephanie M. Moon Reyn \ \o17Js,�MM City Clerk 41k ... I Oj/ice ollv il?e' Mayor Y OF ROANOKE t1angion CONSTITUTION WEEK brhsttnaion of the United Stales ofAnreriea, the gain than of betties, is a product of reflection and choice, embodying the iples of limited gn,,ne rasa in a Republic dedicated to rule by tmv, not by turn, WHEREAS, September 17, 2017, marks tie 230tH anniversary ofthe drafting of the Constitution of the United States of America by the Condo Tonal C'onvenlion WHEREAS, 11 is fitting and proper ro accord e ictai recognition in thls magnificent domouent and the anniversary of its creation, and to the pairiatic celebrations which will conunemm'at, the occasion; and WHEREAS, Public Law No. 915 guarantees the issuing ofa proclamation each rem by the President of the United Stales of America designating September 17 through September 23 as Constitution Week. NOW, THEREFORE, 1,, Sherman P. 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'm ^awn +tl4rMe'saviav�e• ueMmrmmrmrLaoenev�snq A'aT'e raaa'•W�MmLN ro^NYN.n'ae. •4ry4ept.M`1N9•Na�lyreaLpmi FM1OOW FryLSap CAMS. IcYSI' /MOrMrNM.GYad LMVq NIMaOIYYrpp9iWq,/ Cydfne CyalmReclm9n.aerrt , ,.ROO.�.9WS , into a.� n Mwe..,ma o j.w Mwe..,ma o j.w CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S. W., SUITE 452 n, ROANOKE, VIRGINIA 24011 -1594 TELEPHONE. 3153 -'_44a FAX ISao3 )853 xs3 -I ws SHERMAN P. LEA, SR. EMAIL'. MAYOR,:ROANOKCVAGOV M.a September 18, 2017 The Honorable Vice -Mayor Anita J. Price and Members of the Roanoke City Council Roanoke, Virginia Dear Vice -Mayor Price and Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2- 3711(A)(1), Code of Virginia (1950), as amended. A list of current vacancies is included with the agenda for this meeting. Sincerely, erman F Mayor SPL:ctw COMMITTEE VACANCIES /REAPPOINTMENTS September 18, 2017 Public VACANCIES: Term of office on the Personnel and Employment Practices Committee ending June 30, 2020. Term of office on the Mill Mountain Advisory Board ending June 30, 2020. Unexpired term of office on the Roanoke Neighborhood Advocates ending June 30, 2019. Term of office on the Roanoke Redevelopment and Housing Authority ending August 31, 2021. Term of office on the Visit Virginia's Blue Ridge, Board of Directors ending June 30, 2018. Two terms of office (Citizen At- Large) ending June 30, 2019; a term of office (Student) ending June 30, 2018; and an unexpired term of office (Public Sector) ending June 30, 2018 on the Youth Services Citizen Board. September 18, 2017 The Honorable Vice -Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss the 2017 Citizen of the Year Award, pursuant to Section 2.2 -3711 (A)(10), Code of Virginia (1950), as amended. Sincerely, erman PC�La, , Sr. Mayor SPL:ctw CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCHAVENUP S. W., SUITE 452 V� GrRC {�Nr�/ ROANOKE, VIRGINIA 24011 -1594 rr2.EPHONE. an )953.114. PAX: (540)BSJ�IIJS SHERMAN P. LEA, SR. EVAII X1 /A0R(,IR0AN0K1VA_c0V Ma}'or September 18, 2017 The Honorable Vice -Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss the 2017 Citizen of the Year Award, pursuant to Section 2.2 -3711 (A)(10), Code of Virginia (1950), as amended. Sincerely, erman PC�La, , Sr. Mayor SPL:ctw BOARD OF ZONING APPEALS SUMMARY The Board of Zoning Appeals considered 33 applications during FY2017. Below is a summary of the applications and their disposition. There were nine (9) regular public hearings held in this fiscal year. Frederick W. "Whit" Bromm 9 of 9 Antwyne U. Calloway 4 of 4 (Term started Jan 201 7) Terry Wayne Cundiff 7 of 7 (Term ended Feb 2017) Marcus E. Huffman 8 of 9 Drew H. Kepley 4 of S (Term ended Dec 2016) Robert H. Logan 8 of 9 Bryan A. Musselwhite 6 of 9 Walton I. Rutherfoord 1 of 2 (Term started Feb 201 7) W. Michael Woolwine 8 of 9 ARCHITECTURAL REVIEW BOARD SUMMARY The Architectural Review Board considered 62 applications during FY201 7. Below is a summary of the applications and their disposition. There were twelve (12) regular public hearings and one (1) special meeting held in this fiscal year. Aaron Copeland 9 of 13 Mary Dykstra 2 of 3 (Term ended Oct 2016) John Fulton 10 of 13 Katherine Coffield Gutshall 12 of 13 William "Bill" Hume 9 of 13 John Missell 8 of 10 (Term started Oct 2016) Duane "David" Parr 6 of 13 Christopher Vail 10 of 13 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Robert S. Cowell, Jr., 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 the City Manager for the City of Roanoke, Virginia, according to the best of my ability, effective September 5, 2017. (So help me God). ROBERTS. COWELL, JR. The foregoing oath of office was taken, sworn to, and subscribed before me by Robert S. Cowell, Jr., this S Vay of . 2017. OF Es° i CITY OF ROANOKE OFFICE OF TIIL CITY CLERK 215 ('hm'eh Avenue, S. W., Rno1n 456 Roanoke, Virginia 24011 -1536 l'elop Lnnc: (540)853 -2541 fur: (411) 8531145 5141'II %NII M N100NH1'I1N0I.DS,NIN( P:nmO; rl cr6U'nu,nukO °1'CU° f H FILIA F. NIf(01' ('i1, (1111, M,W, ('it, ('Irrk September 19, 2017 Aisha Johnson Assistant to the City Manager Roanoke, Virginia Dear Ms. Johnson: ('4:('f LIA'1. WL'116,f N1(' A,sM,nl Depmc ('i1, ('1111, This is to advise you that Beatrice Schleupner has qualified as a (Student) member of the Youth Services Citizen Board for a one -year term of office ending June 30, 2018. Sincerely, � m.�y Stephanie M. Moon Reynol M City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Beatrice Schleupner, 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 (aAlimmok Student/ Patrick Henry High School) of the Youth Services Citizen Board, for a one -year term of office ending June 30, 2018, according to the best of my ability. (So help me God) "/ BEATRJ E SCHLEUPNER The foregoing oath of office was taken, swom to, and subscribed before me by Beatrice Schleupner this ��day of P/7% S 7. Brenda S. Hamilton. Clerk of the Circuit Court (� ?� CITY OF ROANOKE OFFICE OFTHE CITY CLERK 215 Church Avenue, N. W., Roam 456 53fi Rmmke,Vh'ginia 224011-1530 Tc : l Fa,: (5 -011) 85 3-114q S1 EPHANIE M. MOON REYNOLDS, MAC E-ni: d uk(nromlok:..gnr ('L(FLIAP.M((YIY ('il,'('Icrk Ilnpnh'('iry'('Irrk C E('LI.IA 1.. W EBB, (TI( A,,W;.al 1)eVn(r 01, ('Imk September 19, 2017 Krystal Hullette, Director Court and Community Services 1717 Peters Creek Road, N. W. Roanoke, Virginia 24017 Dear Ms. Hullette: This is to advise you that the Honorable Onzlee Ware has qualified as a City representative (Juvenile and Domestic Relations Court) of the Court Community Corrections Program Regional Community Criminal Justice Board for a term of office ending June 30, 2020. Sincerely, 4Z"-�A. O�,flti Stephanie M. Moon Rey City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, The Honorable Onzlee Ware, 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 City representative (Juvenile and Domestic Relations Court) of the Court Community Corrections Program Regional Community Criminal Justice Board for a term of office ending June 30, 2020, according to the best of my ability. (So help me God.) ONZILEEVARE The foregoing oath of office was taken, sworn to, and subscribed before me by The Honorable Onzlee Ware this L day 0017. Brenda S. Hamilton, Clerk of the Circuit Court BRENDA S. HAMILTON, CLERK CITY OF ROANOKE OFFICE OF "FIE CITY CLERK 215 ('parch Acenlle, S. W., Room 456 I(oanoke, Virginia 24011 -1536 1 d1"kn nn: (540) 853-254 1 F., ,: (5411)X53 -1145 Kr ITHAN IV M. MOON NF. \'NO LOS, MINI( F n,AL Aerk(nrnunnkcvn,Cnv CECELIA F. MCCOY Cin' ('lurk Depio City Clerk ('ECELIA T. WEBB, CM(' Asrisomt Deputy ('itv ('lerk September 19, 2017 Nicole Ashby, Secretary Mill Mountain Advisory Board Roanoke, Virginia Dear Ms. Ashby: This is to advise you that John B. Rottenborn has qualified as a member of the Mill Mountain Advisory Board for a three -term of office ending June 30, 2020. Sincerely, _A rn" ° 4- Stephanie M. Moon Rey s, C City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, John B. Rottenborn, 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 Mill Mountain Advisory Board for a three -year term of office ending June 30, 2020, according to the best of my ability. (So help me God.) VOHN B. ROTTENBORN The foregoing oath of office was taken, sworn to, and subscribed before me by f John B. Rottenborn this IC day of r.��'.�+Q017. Brenda S. Hamilton, Clerk of the Circuit Court By 40 (h A i Clerk September 19, 2017 Brent Robertson, Secretary Western Virginia Regional Industrial Facility Authority Franklin County County Administrator 1255 Franklin Street, Suite 112 Rocky Mount, Virginia 24151 Dear Mr. Robertson: This is to advise you that J. Granger MacFarlane has qualified as a City representative of the Western Virginia Regional Industrial Facility Authority to fill the unexpired term of Christopher P. Morrill, ending February 3, 2018. Sincerely, y^ r Stephanie M. Moon Rey Ids, M City Clerk CQ) ITY OF ROANOKE Q) OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'relephonm (540)853 -2541 Nex: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E-u�nll: dcrk�iJroanokevn.gov CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. WEBB, CMC At,k put Depots City Clerk September 19, 2017 Brent Robertson, Secretary Western Virginia Regional Industrial Facility Authority Franklin County County Administrator 1255 Franklin Street, Suite 112 Rocky Mount, Virginia 24151 Dear Mr. Robertson: This is to advise you that J. Granger MacFarlane has qualified as a City representative of the Western Virginia Regional Industrial Facility Authority to fill the unexpired term of Christopher P. Morrill, ending February 3, 2018. Sincerely, y^ r Stephanie M. Moon Rey Ids, M City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, J. Granger Macfarlane, 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 Roanoke City appointee of Western Virginia Regional Industrial Facility Authority to fill the unexpired term of Christopher P. Morrill ending February 3, 2018, according to the best of my ability. (So help me God) The foregoing oath of office was taken, sworn to, and subscribed before me by J. Granger Macfarlane this �ay of j�s -_ 2017. Brenda S. Hamilton, Clerl of the Circuit Court �^�, Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of September, 2017. 0 No. 40960 - 091817. AN ORDINANCE repealing Ordinance No. 40913 - 080717, appropriating funding from the Commonwealth of Virginia's Office of Emergency Medical Services to support paramedic training programs, amending and reordaining certain sections of the 2016 -2017 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 as follows: Ordinance No. 40913 - 080717 is hereby REPEALED. 2. The following sections of the 2016 -2017 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Training and Development 35- 520 - 3719 -2044 $ 10,200 Revenues GEMS VDH Paramedic Course Grant FYI 35- 520 - 3719 -3719 10,200 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ��.e� City Clerk. eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 18, 2017 Subject: Budget Ordinance Fiscal Year Correction Background On August 7, 2017 City Council approved Budget Ordinance 40913- 080717 appropriating funding from the Commonwealth of Virginia's Office of Emergency Medical Services to support paramedic training programs. The grant was awarded May 1, 2017 with a period that runs from May 1, 2017 through April 30, 2018. The first reimbursement was received on June 28, 2017. Considerations: The Budget Ordinance approved the appropriation of the funds in Fiscal Year 2017 -2018 when the correct fiscal year for the appropriation should have been Fiscal Year 2016 -2017. Recommended Action: Repeal Budget Ordinance 40913-080717 and adopt a similar Budget Ordinance for $10,200 that references the correct fiscal year of Fiscal Year 2016 -2017. Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman Stovall, Assistant City Manager for Operations Amelia Merchant, Acting Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of September, 2017. No. 40961 - 091817. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Lakecrest Court and Greenlee Road Drainage Improvement Project ( "Project"); authorizing City staff to acquire such property rights by negotiation for the City; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: I. The City wants and needs certain real property rights, to include permanent easements of variable length and width, temporary easements, and such other real property interests as needed, as set forth in the City Council Agenda Report dated September 18, 2017, for the Project, located along the Greenlee Road, S.W., Roanoke, Virginia, corridor and surrounding streets. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned City Council Agenda Report, and any other real property interests needed for the Project. All requisite documents shall be approved as to form by the City Attorney. 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcel(s), and such other real property interests needed for the Project, for such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed the funds available in the Project's account for such purposes, without further authorization of Council. Upon the 0 Auftk.n c acquis of prop rights- Lakecmet Court & (heenlee Rd Drainage II Pmvement Protect (9- t9 -17) acceptance of any offer and upon delivery to the City of appropriate acquisition documents, approved as to form by the City Attorney, the Director of Finance is authorized to pay the respective consideration to the owners of the real property interest conveyed, certified by the City Attorney to be entitled to the same. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City " 'rk.�{'^ O- Anthorivs aognis of prop eights- Lzkecren Court & Greenlee Rd Drainage Improvement Project (9- I8 -19) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 18, 2017 Subject: Acquisition of Real Property Rights for Lakecrest Court and Greenlee Road Drainage Improvement Project Background: As part of the FY 2018 Capital Improvement Program, City Council appropriated $2.0 million for stormwater improvement projects. These appropriated funds will be matched with $1.53 million in Virginia Department of Environmental Quality Stormwater Local Assistance Funds plus an additional $650,000 in Stormwater Utility operating funds. One of the projects to be funded by this combined FY 2018 funding appropriation is the Lakecrest Court and Greenlee Road Drainage Improvement Project which includes a combination of new culverts, storm drain inlets and associated piping, re- establishing and improving existing conveyance channels. This neighborhood lacks stormwater conveyance evidenced by flooding affecting private properties Road corridor. In order to construct, operate, improvements, the City will need to acquire real private property owners. Considerations: systems in some areas as primarily along the Greenlee and maintain the proposed property rights from various City Council action is necessary to authorize the acquisition of real property rights needed for the Lakecrest Court and Greenlee Road Stormwater Drainage Improvement Project. The real property rights needed are outlined below, but are subject to minor variation of location and extent pending final engineering design details. Funding for acquisition of the real property rights will be available in project account 03- 530 - 3010 -3014 Stormwater Utility. Along with rights of access, permanent drainage and temporary construction easements of variable length and width are required to accommodate construction activities and will affect seven properties in the general vicinity identified above. The City may also need to acquire various other property rights involving the properties listed below and other properties which have not yet been identified for this project. The properties that have been identified to date are as follows: Tax Map Parcel Address Owner Required Property Rights Number William L. Sibley IV & Judith C. Permanent Drainage Easement 5150110 4421 Eton Rd., S.W. Sibley William L. Sibley Permanent Drainage Easement IV & Judith C. 5150102 0 Greenlee Rd., S.W. Sibley Paul G. Jamison Permanent Drainage Easement 4605 Greenlee Rd., and Rebecca W. 5150701 S.W. Jamison Sherrill Worth Permanent Drainage Easement Stockton, III and 4536 Greenlee Rd., Djuna Lauren 5150103 S.W. Osborne Beth F. Smith, Permanent Drainage Easement Successor Trustee Under the C. Cecil Flora 0 Crestmoor Dr., Testamentary 5150401 S.W. Trust, et al. Temporary Construction Easement 5150101 4627 Eton Rd., S.W. Don E. McKinney Temporary Construction Easement 5150111 0 Eton Rd., S.W. Don E. McKinney Recommended Action: Authorize the acquisition of any and all real property rights needed to construct the proposed Lakecrest Court and Greenlee Road Storm Drainage Improvement Project, including but not limited to the specific property rights identified in this City Council Agenda Report, by negotiation and execution of the appropriate acquisition documents by the City Manager, such documents to be approved as to form by the City Attorney. - -- _ - -- Robert S. Cowell. Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Acting Director of Finance Robert K. Bengtson, P.E., Director of Public Works Dwayne R. D'Ardenne, CSM, PWM, Stormwater Manager Jack Ellinwood, Civil Engineer I L.A. ENV SP Cassandra L. Turner, Economic Development Specialist 00 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of Septcinber. 2017. No. 40962 - 091.817. AN ORDINANCE appropriating admissions tax from the Roanoke Civic Center — Berglund Center, amending and reordaining certain sections of the 2017 -2018 General Fund and Civic Facilities 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 2017 -2018 General Fund and Civic Facilities Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Civic Facilities — Admissions Tax 01- 250- 9310 -9605 $ 456,000 Revenues Admissions Tax — Civic Facilities 01- 110 - 1234 -0227 456,000 Civic Facilities Fund Appropriations CC Global Spectrum Expense 05 -550- 2105 -2401 456,000 Revenues Transfer from General Fund 05- 110 - 1234 -0951 456,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. ° CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 18, 2017 Subject: Admission Tax - Roanoke Civic Center - Berglund Center Background An admission tax is levied on the amount paid for the admission to any place of amusement or entertainment. The rate of the admission tax is nine (9) percent of the stated admission charge for each person admitted or for each ticket sold at any of the venues at the Roanoke Civic Center - Berglund Center and five and one -half (5.5) percent at all other places of amusement or entertainment. Section 58.1 -3840, Code of Virginia, permits the assessment of an admission tax at a higher rate for civic centers owned by the locality. The Roanoke Civic Center retained revenue derived from the admission tax in the Civic Center Fund to offset operating expenses. This practice continued when management of the Civic Center was contracted with Global Spectrum. Admission tax revenue is retained in the Global Spectrum operating account. The Municipal Auditor has recommended that admission tax revenue collected at the Roanoke Civic Center - Berglund Center should be recognized in the General Fund to conform with Generally Accepted Accounting Principles. Considerations: City Council approval is required to establish a revenue estimate in the General Fund for admission tax revenue collected at the Roanoke Civic Center - Berglund Center. This revenue will be transferred to the Roanoke Civic Center - Berglund Center for the purpose of offsetting operating expenses. Recommended Action: Adopt the accompanying budget ordinance authorizing the Director of Finance to establish a revenue estimate in the General Fund in the amount of $456,000 for admission tax revenue collected at the Roanoke Civic Center - Berglund Center and appropriate funding in the same amount to an expenditure account. - - - - - -- --------------- -- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Acting Director of Finance Robyn Schon, General Manager, Berglund Center IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of September, 2017. No. 40963 - 091817. AN ORDINANCE to appropriate funding from the Federal and Commonwealth grants and the Schools general funds for various educational programs, amending and reordaining certain sections of the 2017 -2018 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 2017 -2018 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Social Security 302- 110- RPLU - 0050 - 332K - 61100 - 41021 -0 -06 $ 3,213 Teachers 302- 110 - RPLU - 0050 - 332K - 61100 - 41121 -0-06 42,000 Social Security 302 - 110 - RPLU - 0350 - 332K - 61100 - 41021 -0-06 3,213 Social Security 302- 110 -RPLU - 0350 -332K- 61100- 41021 -0 -06 3,213 Social Security 302 - 110 - RPLU - 0350 - 332K - 61100 - 41021 -0-06 3,203 Social Security 302- 110 - RPLU - 0350 - 332K - 61100 - 41021 -0-06 3,211 Teachers 302 - 110 - RPLU - 0350 -332K- 61100- 41121 -0 -06 42,000 Teachers 302 - 110 -RPLU- 0350 -332K- 61100- 41121 -0 -06 42,000 Teachers 302 - 110 -RPLU- 0350 -332K- 61100- 41121 -0 -06 41,973 Teachers 302 - 110 -RPLU- 0350 -332K- 61100 - 41121 -0 -06 41,973 Social Security 302 - 110 -RPLU- 0420 -332K- 61100- 41021 -0 -06 3,213 Teachers 302- 110- RPLU - 0420 - 332K - 61100 - 41121 -0-06 42,000 Teachers 302 - 120 - 0000 - 0000 -111M- 61100- 41121 -9 -02 190,118 Social Security 302- 120-0000-0000-111M - 61100-42201 -9-02 2,282 Virginia Retirement System 302 -120 -0000- 0000 -111M- 61100- 42202 -9 -02 24,391 Teachers 302 - 120 - 0000 - 0000 -121M- 61100 - 41121 -9 -02 8 Social Security 302- 120-0000- 1050 - 330M - 61410 - 42201 -9-09 510 VRS 302 - 120 -0000- 1050 -330M- 61410- 42202 -9 -09 354 Prof Food Services 321 - 320 - 0000 - 0050 -168M- 65100 - 43314 -2 -00 40,808 Prof Food Services 321 -320-0000-0060-168M-65100 - 43314-2-00 19,174 Prof Food Services 321 - 320 - 0000 - 0070 - 168M - 65100 - 43314 - 2-00 22,643 Prof Food Services 321 -320 - 0000-0110- 168M - 65100 - 43314 - 2 - 00 22,959 Prof Food Services 321 - 320 - 0000 - 0220 - 168M - 65100 - 43314 - 2 - 00 30,591 Prof Food Services 321 - 320 - 0000 - 0300 - 168M - 65100 - 43314 - 2 - 00 20,057 Prof Food Services 321 -320-0000- 0330 - 168M - 65100 - 43314-2-00 28,572 Prof Food Services 321 - 320 - 0000 - 0340 - 168M - 65100 - 43314 - 2 -00 19,048 Prof Food Services 321 - 320 - 0000 - 0350 - 168M - 65100 - 43314 - 2 - 00 49,891 Prof Food Services 321 - 320 - 0000 - 0370 - 168M - 65100 - 43314 - 2 - 00 38,349 Prof Food Services 321 - 320 - 0000 - 0410 - 168M - 65100 - 43314 - 2-00 30,717 Prof Food Services 321 - 320 - 0000 - 0420 - 168M - 65100 - 43314 - 2 - 00 24,535 Prof Food Services 321- 320 -0000- 0430 -168M- 65100- 43314 -2 -00 39,168 Revenues Federal Grant Receipts 302 - 000 - 0000 - 0000 - 111 M - 00000 - 38027 - 0 - 00 $ 216,791 Federal Grant Receipts 302 - 000 - 0000 - 0000 - 121M - 00000 - 38173 - 0 - 00 8 State Grant Receipts 302 - 000 -0000 - 0000 -330M - 00000 - 32418 -0 -00 864 Local Match 302- 000 -GMAT- 0000 -332K- 00000- 72000 -0 -00 271,212 Federal Grant Receipts 321 - 000 - FFVP - 0000- 168M - 00000 - 38582 - 0 - 00 386,512 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. TT T y�- Md�'� i�� r, Nc,J I City Cle September 18, 2017 The Honorable Sherman P. Lea, Sr., Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on Tuesday, September 12, 2017, the Board respectfully requests that City Council approve the following appropriation requests: New Appropriation Award Fresh Fruits and Vegetable Program 2017 -18 $386,512.27 Revised Appropriations Additional Award IDEA Part B, Section 611 Flow Through 2017 -18 $216,791.00 IDEA Part B, Section 619 Preschool 2017 -18 $8.00 Special Education in Jails 2017 -18 $863.74 Start -up Grant for Extended School Year 2015 -16 $271,212.20 On behalf of the School Board, thank you for your consideration Sincerely, Cindy H. Poulton, Clerk pc: Dan Callaghan Rita D. Bishop Bob Cowell Kathleen Jackson Amelia Merchant HoRi Salyers (w /details) Annette Lewis ROANOKE CITY PUBLIC SCHOOLS School Board Annette Lewis Chairman Mark K. Cathey Vice Chairman William B. Hopkins, Jr. Elizabeth C. S. Jamison Laura D. Rottenborn Lutheria H. Smith Dick Willis Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board ww.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 Meeting: September 18, 2017 Subject: School Board Appropriation Request Background: As the result of official Roanoke City School Board action at its September 12, 2017 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2015 -16 Start -Up Grant for Extended School Year grant award from the Virginia Department of Education assists the school division in establishing year round programs with a goal to provide greater opportunity for remediation and enrichment while reducing the potential for a decline in academic skills when school is not in session. This program receives funding up front from the grantee and was extended for funds not used. The extension required there to be an additional 20% local match expended during the extension period. The program has ended effective June 30, 2017 and the local match required is $271,212. The 2017 -18 Flow Through grant award of $216,791 from the Disabilities Education Act, Part B, Section 611 provides aid for the education and guidance of students with disabilities. This grant will be reimbursed by federal funds and will end September 30, 2019. This is a continuing program. The 2017 -18 Preschool grant award of S8 from the Disabilities Education Act, Part B, Section 619 provides funding to support early childhood educational services for students with disabilities. This grant will be reimbursed by federal funds and will end September 30, 2019. This is a continuing program. The 2017 -18 Special Education in Jails grant award of $864 provides funding for a special education teacher to serve the Roanoke City Jail and the administrative support associated with those services. This grant will be reimbursed by state funds and will end March 31, 2018. This is a continuing program. The 2017 -18 Fresh Fruits and Vegetables program grant award of $386,512 from the US Department of Agriculture provides funds to assist the schools in providing a fresh fruit or vegetable snack during the school day. This program is intended to create healthier school environments by providing healthier food choices, expand the variety of fresh fruits and vegetables students experience, increase students' consumption of fresh fruits and vegetables, and make a difference in students' diets to impact their present and future health. This grant will be reimbursed by federal funds and will end June 30, 2018. 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. Amelia Merchant Acting 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 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REVISED APPROPRIATION REQUEST Start-up Grant for Extended School Year 2015.16 332K Onginal Changes Final Expense Description Budaet Reauesled Bind et 302 - 110 - RPLU -0050 -332K -61100 -41121 -0 -06 Teachers $ 157,500.00 $ 42,000.00 $ 199,500.00 302 - 110 - RPLU -0050 -332K -61100 -41021 -0 -06 Substitutes 2,250.00 2,250.00 302 - 110 - RPLU -0050 -332K -61100 -41124 -0 -06 Site Manager 8,100.00 8,100.00 302 - 110 - RPLU -0050 -332K -61100 -42201 -0 -06 Social Security, 12,840.00 3,213.00 16,053.00 302- 110 - RPLU -0050 -332K -61100 -42202 -0 -06 VRS 9,993.00 9,993.00 302 - 110 - RPLU -0050 -332K -61100 -42200 -0 -06 Retiree Health Credit 1,164.00 1,164.00 302 - 110 - RPLU - 0050 -332K -61100 - 42205 - 0 -06 Group Life Insurance 1,332.00 1,332.00 302 - 110 - RPLU -0050 -332K -61`00 - 43343 -0 -06 Contracted Transportation (Buses) 100,076.18 100,076,18 302- 110 - RPLU -0050 - 332K -61100 - 45521 -0 -06 Postage 289.00 289.00 302- 110 - RPLU -0050 - 332K -61100 -4445G -0 -06 Printing 213.82 213.82 Fallon Perk Subtotal $ 293,758.0 $ 45,213.00 $ 33$971.00 302 - 110 - RPLU -0420 -332K -61100 -41121 -0 -06 Teachers $ 131 25000 $ 42,000.00 $ 173,250.00 302 - 110 - RPLU -0420 -332K - 61100 - 41021 - 0 -06 Substitutes 3,750.00 3,750.00 302 - 110 - RPLU -0420 -332K - 61100 - 41124 - 0 -06 Site Manager 13,500.00 13,500.00 302 - 110 - RPLU - 0420 -332K -61100 - 42201 - 0 -06 Social Security 11,360.00 3,213.00 14,573.00 302 - 110 - RPLU -0420 -332K -61100 -42202 -0 -06 VRS 5,304.00 5,304.00 302 - 110 - RPLU -0420 -332K -61100 - 42200 -0 -06 Retiree Health Credit 618.00 61800 302 - 110 - RPLU -0420 -332K -61100 - 42205 -0 -06 Group Life Insurance 707.00 707.00 302- 110 - RPLU -0420 -332K -61100 -43343 -0 -06 Contracted Transportation (Buses) 88,961.19 88,961.19 302- 110 -RPLU -0420 -332K -61100 - 45521 -0 - 06 Postage 289.01 289.01 302 - 110 - RPLU -0420 -332K -61100 -44450 -0 - 06 Printing 213.81 213.81 Hurt Park Subtotal $ 255,953.01 $ 45,213.00 $ 301,166.01 302 - 110 - RPLU -0350 -332K -61100 - 41121 -0 -06 Teachers $ 157,500.00 $ 42,000.00 $ 199,500.00 302 - 110 - RPLU - 0350 -332K - 61100 - 41021 - 0 -06 Substitutes 2,250.00 2,250.00 302 - 110 - RPLU -0350 -332K -61100 -41124 - 0 -06 Site Manager 8,100.00 8,100.00 302 - 110 - RPLU - 0350 -332K -61100 - 42201 - 0 -06 Social Security 8,560.00 3,213.00 11,773.00 302 - 110 - RPLU -0350 -332K -61100 -42202 -0 -06 VRS 9,993.00 9,993.00 302- 110 - RPLU -0350 -332K -61100 -42200 -0 -06 Retiree Health Credit 1,164 00 1,164.00 302 - 110 - RPLU -0350 - 332K - 61100 -42205 -0 - 06 Group Life Insurance 1,33200 1,332.00 302 - 110 - RPLU - 0350 - 332K -61100 - 43343 -0 - 06 Contracted Transportation (Buses) 88,961 18 86,961.18 302 - 110 - RPLU -0350 -332K -61100 -45521 -0 -06 Postage 289.00 289.00 302 - 110 - RPLU -0350 -332K -61100 -44450 -0 -06 Printing 213.81 213.81 Westside Subtotal $ 278,362.99 $ 45,213.00 $ 323,575.99 302 - 110 - RPLU -0350 -332K - 61100 - 41121 - 0 -06 Teachers $ 90,768.82 $ 42,000.00 $ 132,768.82 302 - 110 - RPLU -0350 -332K -61100 -41021 - 0 -06 Substtutes 2,250.00 226000 302 - 110 - RPLU -0350 -332K -61100 -41124 -0 -06 Site Manager 8,100.00 8,100.00 302 - 110 - RPLU - 0350 - 332K - 61100 - 42201 - 0 -06 Social Security 12,840.00 3,213.00 16,053,00 302 - 110 - RPLU -0350 -332K -61100 -42202 -0 -06 VHS 9,993.00 9,99300 302 - 110 - RPLU - 0350 -332K -61100 - 42200 -0 -06 Retiree Health Credit 1,164.00 1,164.00 302 - 110 - RPLU -0350 - 332K -61100 -42205 -0 - 06 Group Life Insurance 1,332.00 1,332.00 302 - 110 - RPLU -0350 -332K -61100 - 43343 -0 -06 Contracted Transportation (Buses) 55,57500 55,575.00 302 - 110 - RPLU -0350 -332K -61100 -45521 -0 -06 Postage 289.00 289.00 302- 110 - RPLU -0350 -332K -61100 -44450 -0 -06 Printing 213.81 21381 Garden City Subtotal $ 182,52563 $ 45,213.00 $ 227,738.63 302- 110 - RPLU -0350 - 332K -61100 -41121 -0 - 06 Teachers $ 90,768.82 $ 41,973.00 $ 132,741,82 302 - 110 - RPLU -0350 -332K -61100 -41021 -0 - 06 Substitutes 2,250.00 2,25000 302 - 110 - RPLU -0350 -332K -61100 -41124 -0 -06 Site Manager 8,100.00 8,100.00 302 - 110 - RPLU -0350 -332K -61100 -42201 -0 -06 Social Sewrity 12,840 00 3,203.27 16,043.27 302 - 110 - RPLU -0350 -332K -61100 -42202 -0 -06 VHS 9,993.00 9,993.00 302 - 110 - RPLU -0350 -332K -61100 - 42200 -0 -06 Retiree Health Credit 1,164.00 1.164.00 302 - 110 - RPLU - 0350 -332K -61100 - 42205 -0 -06 Group Life Insurance 1,332.00 1,332.00 302- 110 - RPLU -0350 -332K -61100 -43343 -0 -06 Contracted Transportation (Buses) 50,017.50 50.017.50 302- 110 - RPLU -0350 -332K -61100 -45521 -0 -06 Postage 289.00 289.00 302 - 110 - RPLU -0350 -332K -61100 - 44450 -0 -06 Printing 213081 21181 Lincoln Terrace Subtotal $ 176,96813 $ 45,176.27 $ 222,144.40 302 - 110 - RPLU -0350 - 332K -61100 - 41121 -0 -06 302 - 110 - RPLU -0350 - 332K -61100 - 41021 -0 -06 302 - 110 - RPLU - 0350 - 332K -61100 -41124 -0 -06 302 - 110 - RPLU -0350 - 332K -61100 -42201 -0 -06 302 - 110 - RPLU -0350 - 332K -61100 - 42202 -0 - 06 302 - 110 - RPLU -0350 - 332K -61100 - 42200 -0 -06 302 - 110 - RPLU -0350 - 332K -61100 - 42205 -0 -06 302- 110 - RPLU -0350 - 332K - 61100 -43343 -0 -06 302- 110 - RPLU -0350 - 332K -61100 -45521 -0 -06 302- 110 - RPLU -0350 - 332K -61100 -44450 -0 -06 Roanoke Academy for Math and Science Subtotal Total Teachers Substitutes Site Manager Stoat Security VRS Retiree Health Credit Group Life Insurance Contracted Transportation (Buses) Postage Printing Revenue 302 - 000 - 0000 - 0000 - 332K - 00000 - 32421 - 0 -00 State Grant Receipts 302 - 000 - LMAT - 0000 - 332K - 00000 - 72000 - 0 - 00 Local Match $ 90,768.81 $ 41,97100 $ 132,741.81 2,250.00 2,250.00 8,100.00 8,100.00 12,840.00 3,210.93 16,050.93 9,993.00 9,993.00 1,164.00 1,164.00 1,332.00 1,332.00 41,542.63 41,542.63 28900 289.00 213,80 213 80 $ 168,493.24 $ 45,183.93 $ 213,67717 $ 1,356,061.00 $ 271,212.20 $ 1,627,273.20 $ 1,356,061.00 $ 1,356,061.00 $ 271,212.20 271,212,20 $ 1,356,061.00 $ 271,212.20 $ 1,627,273.20 Hurt Park, Fallon Park, Roanoke Academy for Math and Science (RAMS), Lincoln Terrace, Garden City and Westside Elementary Schools have received awards from the Virginia Department of Education for the 2015 -16 school year to assist the School Division in establishing year -round programs. The goal of these programs is to provide greater opportunity for remediation and enrichmentwhile reducing the potential for a decline in academic skills when school is not in session. This appmpriafion aligns the total with the revised award amount. This program will be fully funded by state funds and the required local match, and ends June 30, 2017. ROANOKE CITY SCHOOL BOARD Roanoke,Vir9lnia REVISED APPROPRIATION REQUEST IDEA Part B, Saclion 611 Flow Through 201748 111M The 2017 -18 Flow Through program prowess ale far me education and guidance of students with disabili4es. Roanoke City Public Schools award allocation has been Increased as noted above. The apcooperation aligns the total with the revel award amount. The prcgrem will be folly reimbursed by federal funds and will end September 30. 2019. This red continuing program. Original Changes 8O1Yeated Final &111901 Eap493C 302 - 120 -0000- 0000 -111M- 61100 - 41121 -9 -02 Deadiall9u Teachers Cut, $1.936,89355 $190,11.58 52,127,01113 362 - 120 -ONO 0000 -111M- 61100 - 41124 -9 -02 Coordinators 111,842.67 11184267 302 - 120 -WOO - 0000 -111M- 61100 - 41141 -9 -W Classroom Aides 61,217.67 61,217,67 302- 120 -WOO- 0000 -111M- 61166 - 41129 -9 -02 Supplements 36,6a0 .0O 36,68600 302 -120 -ONO- 0000 -111M- 61100 - 42200 - 9 -02 Retiree Health Credit 26,770.57 26,770.57 302- END000 - ONO -111M- 61100 - 42201 -9 -02 Social Securiry 166,49990 2,282.41 168)82.31 302- 120 - 0000 - ONO -111M- 51100 - 42202 -9 -02 Virginia Retirement System 319,07Od1 24,39101 343,481.42 302 -120- 0000 -ONO -111M- 61100 -42204 -9 -02 Health Insurance 391)6448 391,764.48 302- 120 -W00 -ONO -111M- 61100 - 42205 -9 -02 Group Life Insurance 28,511.75 28,51175 302 - 120 -0000 -DODO -111M - 61100 - 43311 -9 -02 Professional Services 10,600.00 70 000 00 302 -120- 0000 - ONO -111M- 61100 - 45551 - 9 -02 TraveVMlleage 18,00000 18,000.00 302- 120 -W00- 0000 -111M- 61100 - 16614 -9 -02 Imswchanal Supplies 1W0ooO6 10000000 $3267,25100 $216,79100 $3,84.04200 Revenue - 0000 - 0000 -111 M W000 - 38027 - 0 - 00 FeUeral Grant Receipts $ 3,267251.00 $ 216.79100 S 3,41 302 - 000 The 2017 -18 Flow Through program prowess ale far me education and guidance of students with disabili4es. Roanoke City Public Schools award allocation has been Increased as noted above. The apcooperation aligns the total with the revel award amount. The prcgrem will be folly reimbursed by federal funds and will end September 30. 2019. This red continuing program. ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REVISED APPROPRIATION REQUEST IDEA Part B, Section 619 Preschool 2017 -18 121M The 2017- 18 IDEA Preschool award provides funding to support early childhood educational services for students with disabilities. This appropriation aligns the total with the revised award amount. The program will be fully reimbursed by federal funds and will end September 30, 2019. This Is a continuing program. Original Changes Final Exoernse Osgcri9lion Budeet lam$ Bucker 302 - 120 -0000 - 0000 -121M -61100 -41121 -9 -02 Teachers $ 60,921.00 $ 8.00 $ 60,929 00 302 - 120 - 0000 -0000 -121M - 61100 - 41124 - 9 - 02 Coordinators 12,500.00 12,500.00 302 - 120 - 0000 - 0000 -121M -61100 - 41129 -9 -02 Supplements 5,467.00 5,467.00 302 - 120 - 0000 - 0000 -121 M - 61100 - 42200 - 9 - 02 Retiree Health Credit 583.00 583.00 302 - 120 -0000 - 0000 -121 M - 61100 - 42201 - 9 - 02 Social Security 6,036.00 6,036.00 302 - 120 -0000 -0000 -121 M -61100 -42202 -9 -02 Virginia Retirement System 9,749.00 9,749.00 302 - 120 - 0000 - 0000 -121M- 61100 -42204 -9 -02 Health Insurance 8,00700 8,00700 302- 120 - 0000 - 0000 -121M- 61100 -42205 -9 -02 Group Life Insurance 62500 625.00 302 - 120 - 0000 - 0000 -121 M - 61100 -43311 -9 -02 Professional Services 5,000 00 5,000.00 302 - 120 -0000 -0000 -121 M -61100 -45551 -9 -02 TravellMileage 7,346 00 7,346.00 302- 120 -0000- 0000 -121M -61100 - 46614 -9 -02 Instructional Supplies 8,00000 8,00000 $124,234.00 $ 8.00 $124,242.00 Revenue 302 - 000 - 0000 - 0000 -121M - 00000 - 38173 - 0 - 00 Federal Grant Receipts $ 124 234.00 $ 8 00 $ 124,242.00 The 2017- 18 IDEA Preschool award provides funding to support early childhood educational services for students with disabilities. This appropriation aligns the total with the revised award amount. The program will be fully reimbursed by federal funds and will end September 30, 2019. This Is a continuing program. Expert 302- 120 -0000 - 1050- 33OM61100d1121 -409 302 -120 -0000 -1050 330M61 410 -011 51 -9 -09 302 -120 -0000 - 1050 -030M61410 - 42200 -9 -09 302 -120 -0000 - 1050 -WN 61410 42201 -9-09 302- 120 -0000 - 1050- 330M61410 42202 -9-09 302 -120 -0000- 1050- 330M81410- 422049 -04 302 -120 -0000 - 1050 -030M61310-06601-3-02 Revenue 302 -000 -0001 -330M -00000- 32418-0-00 ROANOKE CITY PUBLIC SCHOOLS Roanoke, VA REVISED APPROPRIATION REQUEST Special Education in Jails 2017 -18 330M Dee,aialrom Teacher 0.5 FTE Administrative Support Retiree Health Credit Social Secunty VRS Heath/Dental Group Life Insurance Materials and Supplies State Grant Receipts Original Charges Final BWcet RRagV s1 ted Budget $ 6558100 $ 65,581.00 23.24900 23,24000 91202 912.02 6185.54 $ 509.95 6.795.49 12,81816 353.79 13,171.95 11,9338 11,573.36 97790 977.90 3,000.00 3.00000 $ 124,397.00 $ 663.74 $ 125.26074 The Special Edurad0n in Jails 2017-18 program provides state lending for a spacial education teacher to serve me Roanoke City Jail. Groh funds also provide be adremismative smand associated with providing these services. This apptopriati0n aligns the total with Me remand awaN amount The program will be fully reimbursed by state funds and will end March 31. 2018. Thislsaconlinuin9program. ROANOKE CITY SCHOOL BOARD Roanoke, Virginia NEW APPROPRIATION REQUEST Fresh Frvlia and Vegetable Program 2017 -18 168M Fairview, Fallon Par, Garden City, Highland Park, Hurt Park, Lincoln Terrace, Monterey, Momingsids, Preston Par, Roanoke Academy for Math and Science (RAMS, Round Hill, Virginia Heights and Westrade Elementary Schools have been accepted as participants in the US Department of Agriculture Fresh Fruit and Vegetable Program for 2017 -18. This program provides funding to assist the school in providing a fresh unit or vegetable pack during the school day at times other than meal periods at least three times per week. The program Is intended to create healthier school ants by providing healih'er food choices, expand the variety of fresh fruits and vegetables students experience, Increase students' ump ton of fresh fruits and vegetables, and make a difference In students' diets to Impart their present and future healO. This program will be fully reimbursed by federal funds and will end June UP 2018. Original Changes Final Fibers, Description Budget Re9y- r• bed Budge 321- 320 -0000 - 0410 -168M -65100 - 43314.2 -00 Prof Farad Services $ 30.716.62 $ 3071662 Fv,.w Subrofal $ 30.71662 $ - $ 3Q 715.62 321 - 320 - 0000 -0050 -168M -65100 -43314 - 2 - 00 Prof Food Services $ 40.808.33 $ 40,808.33 Fallon Park Subtotal $ 40,80833 $ - $ 40.808.33 321 320 - 0000 - 0300 -168M - 65100 - 43314 -2 - 00 Prof Food Services $ 20,057.26 $ 20.057 26 Seven City Subtotal $ 20,057.26 $ - S 20057.26 321 - 320 -0000 - 0110 -168M- 65100 - 43314 - 2 -00 Prof Food Services $ 22, all $ 22.95863 Hghland Park Subtotal S 22,958.63 $ It 22.95863 321 - 320 - 0000 - 0420 -168M -65100 - 43314 -2 -00 Prof Food SeMces $ 24,535.46 $ 24,535.16 Hurt Park Subtotal $ 24,53546 $ - $ 24,53546 321 - 320 - 0000 - 0340 -168M - 65100 - 43314 - 2 -00 Prof Food Services $ 11.09 $ 191046.09 Lincoln Terrace Subtotal $ 19,04809 $ - $ 19,048.09 321 - 320 - 0000 - 0370 -168M - 65100 -43314 -2 - 00 Prof Food Services $ 38,348411 $ 38348.48 Monterey Subtotal $ 38.348.48 $ - $ 38,348.48 321 - 320 -0000 -0060 -168M - 65100 -43314 - 2 -00 Prof Food Services $ 19,174.24 $ 19,174.24 Mormagside Subtotal S 19,17024 $ - S 19,174.24 321 320 - 0000 - 0330 -168M - 65100 -43314 -2 -00 PM Food Services $ 28,572.13 $ 28,572.13 Reston Park Subtotal $ 28,57213 $ - $ 28,572.13 321 -320 - 0000 0220 -168M - 65100 -43314 -2 - 00 Prof Food Services $ 30590 48 $ 30590 48 Roanoke Academy for Math and Science Subtotal $ 30.59046 $ - $ 30,590.48 321 - 320 - 0000 - 04M -168M-65100 - 43314 -2 -00 Prof Food Services $ 39,168 43 $ 39.168 43 Round Hill Subtotal $ 39,168.43 $ - $ 39,168.43 321 - 320 - 0000 - W70 -168M - 65100 - 43314 - 2 -00 Prof Food Services $ 22,643.26 $ 22,64126 Viyinie Heights Subrofal $ 22.64326 $ - $ 22,643.26 321 - 320 - 0000 - 0350 -168M - 65100 - 43314 - 2 - 00 Prof Food Services $ 49.890.86 $ 49,890.86 Weshade Subtotal $ 49,89086 $ - $ 49,89086 Total $38651227 S $ 386.512 27 Revenue 321 - 000 - FFVP - 0000 -168M 00000 - 38582 - o - 00 Federal Grant Receipts $ 386,512.27 S $ 386.512 27 Fairview, Fallon Par, Garden City, Highland Park, Hurt Park, Lincoln Terrace, Monterey, Momingsids, Preston Par, Roanoke Academy for Math and Science (RAMS, Round Hill, Virginia Heights and Westrade Elementary Schools have been accepted as participants in the US Department of Agriculture Fresh Fruit and Vegetable Program for 2017 -18. This program provides funding to assist the school in providing a fresh unit or vegetable pack during the school day at times other than meal periods at least three times per week. The program Is intended to create healthier school ants by providing healih'er food choices, expand the variety of fresh fruits and vegetables students experience, Increase students' ump ton of fresh fruits and vegetables, and make a difference In students' diets to Impart their present and future healO. This program will be fully reimbursed by federal funds and will end June UP 2018. �K IN'fl T' COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of September, 2017. No. 40964 - 091817. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. BE 11 RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Business Session of the Virginia Municipal League to be held during the League's 2017 Annual Conference scheduled for October 1 - 3, 2017, and for anymeetings of the Urban Section held in conjunction with the Annual Conference of the League, The Honorable Vice- Mayor Anita Price is hereby designated Voting Delegate, and The Honorable William Bestpitch is hereby designated Alternate Voting Delegate. 2. For any meetings of the Urban Section of the Virginia Municipal League to beheld in conjunction with the League's 2017 Annual Conference, Robert S. Cowell. Jr., City Manager, shall be designated Staff Assistant. 3. The City Clerk is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate, Alternate Voting Delegate, and Staff Assistant and to forward such forms to the League. ATTEST: C - ke City ATTACHMENT A NOTE: This form is to be returned by localities with populations over 35,000. Please term to VME by September 20, 2017. URBAN SECTION: DELEGATES, ALTERNATES AND STAFF ASSISTANTS Locality: I Information Supplied by: Name Title VO1m, IiP1P4A }P JIan Hsslsiali Please return this torm by 5:00 p.m. September 20, 2017 to: Virginia Municipal League P. O. Box 12164 Richmond, VA 23241 Or Fax: 804/343 -3758 e- maiVdyml or_ Voting ATTACHMENT CERTIFICATION OF VOTING DELEGATE AND ALTERNATE BUSNESS SESSION Virginia Municipal League Annual Conference Williamsburg, Virginia Monday, October 2, 2017 Altema Certifie Return Virginia Municipal League P.O. Box 12164 Richmond, Virginia 23241 FAX: (804) 343 -3758 Email: e- mailki vmLore w [ CITY OF ROANOKE OFFICE OF'HIE CITY CLERK 215 ('lun'c0 Avenue, S. W., Snite 450 Roanoke, Virginia 271111 -1530 'It, lepI ni— 154111 X53 -3541 Fa.: (541)853 -1145 8'I'ISI'IIANII?M1I.MOON BN:1'NOLUS, M1IM(. P: nmil: elrrk(n rnunnkc�r...n. (L('1, LIA F. M('('01' ('iJ, ('Jerk 1).Pn1}'('iI, ('k,I ('IX FLIA'1'. ANian, ('NI(' A>'xialaltl Dgnih (ily ('Jerk September 19, 2017 The Reverend Dr. Bryan E. Smith, Senior Pastor First Baptist Church (Roanoke) 321 Marshall Avenue, S. W. Roanoke, Virginia 24016 Dear Dr. Smith: On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, September 18, 2017. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sin erely, Stephanie M. Mooneytiolds, MMC City Clerk SMR:aa r CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 ('lunch Avenue, S. W., Boom 456 A_' Roanoke, Virginia 24011 -1536 Tcicp6unr: (540)853 -2541 Fax: (540) X51 -1145 STEPIIANILM. MOON REYNOLDS, MMC E -mall d ol,(nrounokeu.guv ('CCEWAF.MC('OY (ilv Clerk DennT Ci( ('le k ('E('ELIA 1. W EDD, ('M(' Asslslnnl (Ierk September 19, 2017 Jolan Yow 3292 Somerset Street, S. W. Roanoke, Virginia 24014 Dear Ms. Yow: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 18, 2017 you were appointed as a member of the Parks and Recreation Advisory Board to fill the unexpired term of Ssunny Shah ending March 31, 2018. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.213702, Code of Virginia (1950), as amended, I am enclosing a copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required 'Yo read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Parks and Recreation Advisory Board. Sin rely, S� a Stephanie M. Moon =Idsj, NaMC City Clerk Enclosures pc: Nicole Ashby, Secretary, Parks and Recreation Advisory Board /w application COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of September 2017, JOLAN YOW was appointed as a member of the Parks and Recreation Advisory Board to fill the unexpired term of office of Ssunny Shah ending March 31, 2018. Given under my hand and the Seal of the City of Roanoke this nineteenth day of September 2017. City Clerk CITY OF ROANOKE OFFICE; OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Vi, ginin 24011 -1536 Tdenhone: (5411)853 -2541 F,, (54(1) 853 -1145 STEI'I UNIE M. MOON RM'N(1LDS, blhl( E-unt, dcrk(. rnmwka,a.µor (E('EEIAF.M('('DY' ('ity ('Inrk Dcpnlp City ('lerk ('E('EI.IA "1'. W EDD, ('M(' September 19, 2017 Assistant Deputy ('ip ('lerk Jared Rigby 2106 Berkley Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Rigby: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 18, 2017 you were appointed as a member of the Parks and Recreation Advisory Board to fill the unexpired term of Steve Stinson ending March 31, 2019. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing a copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Parks and Recreation Advisory Board. j,nc ely, � Q �Vr� 1JC.<Y.�/ phanie M. Moon�R�yfy¢Ids, C City Clerk Enclosures PC: Nicole Ashby, Secretary, Parks and Recreation Advisory Board/ w application COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of September 2017, JARED RIGBY was appointed as a member of the Parks and Recreation Advisory Board to fill the unexpired term of office of Steve Stinson ending March 31, 2019. Given under my hand and the Seal of the City of Roanoke this nineteenth day of September 2017. /�t�- �Y)I�'J'v City Clerk tr� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Choreh Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'relephm,c (540)853 -2541 Fnx: (540)853 -I I45 S'I'LP11ANIV M. MOON REYNOLDS, MMC F mall: Or,k(nrounnkeva.pnv C'EC'ELIA F. M('COY C Clerk Deputy City Clerk September 19, 2017 p CFCF.LIA T. WRBB, CM( Assistant DePnly City Clerk Landon C. Howard 6123 Flamingo Drive, S. W Roanoke, Virginia 24018 Dear Mr. Howard: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 18, 2017, you were reappointed as a member of the Roanoke Civic Center Commission for a three -year term of office ending September 30, 2020. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Roanoke Civic Center Commission. Sincere) z4L—n) . te\at,, 6*AV Stephanie M. Moan Reyn City Clerk Enclosures pc: June Woodward, Secretary, Roanoke Civic Center Commission COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of September 2017, LANDON C. HOWARD was reappointed as a member of the Roanoke Civic Center Commission for a three -year term of office ending September 30, 2020. Given under my hand and the Seal of the City of Roanoke this nineteenth day of September 2017. J404w—cil., �v a/ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Romn 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 S'1 El'lIAN1E M. MOON REYNOLDS, MMC E -mail Berk e�i roanokeva.gov CECELIA F. MCCOY City Clerk Deputy City Clerk September 19, 2017 CECELIA T. WEBB, CMC p Assistant Deputy City Clerk Ssunny Shah 5848 Old Locke Court, S. W. Roanoke, Virginia 24018 Dear Mr. Shah: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 18, 2017, you were reappointed as a member of the Roanoke Civic Center Commission for a three -year term of office ending September 30, 2020. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Roanoke Civic Center Commission. Siin�c1erreely, Stephanie M. Moon Re Ids, C City Clerk Enclosures pc: June Woodward, Secretary, Roanoke Civic Center Commission COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of September 2017, SSUNNY SHAH was reappointed as a member of the Roanoke Civic Center Commission for a three - year term of office ending September 30, 2020. Given under my hand and the Seal of the City of Roanoke this nineteenth day of September 2017. � � City Clerk m CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'relepkonc (540) 8531541 Fns (540)8534145 STEPIIANIE M. MOON REYNOLDS, MMC F. -nmil: elerk(ulrounokeva.gav CECELIA F. MCCOY City Clerk Deputy City Clerk September 19, 2017 CECELIAT. WEDS,CMC e p Aa,Wuurt Deputy City Clerk Katherine Coffield 25 Church Avenue, S. W. Roanoke, Virginia 24015 Dear Ms. Coffield: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 18, 2017, you were reappointed as a member of the Architectural Review Board for a four -year term of office ending October 1, 2021. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Architectural Review Board. Sincer ly, n m Ste hanie M. Moon Reyn' Id M City Clerk Enclosures PC: Tina Carr, Secretary, Architectural Review Board COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of September 2017, KATHERINE COFFIELD was reappointed as a member of the Architectural Review Board for a four - year term of office ending October 1, 2021. Given under my hand and the Seal of the City of Roanoke this nineteenth day of September 2017. 1m, !:' / CITY OF ROANOKE OFFICE OF'rilE CITY CLERK 215 (9mrch Avenue, S. W., Room 456 Roanoke, Virginia 241111 -1536 "10,1.onc: (541)fly -2541 Fn,: (5411)853 -1145 ti'1'FPIIANII!kI. M1I(ION I2 P;1'NOLD5, 61MC 14..... ON, ('Icrk Depnry ('4)' ('Ierk ('V ELIA'1'. WEBB,('M(' September 19, 2017 A.,islnnl Depmy 01i (lerk Bill Mason 3841 Bosworth Drive Roanoke, Virginia 24014 Dear Mr. Mason: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 18, 2017, you were appointed to replace Aaron Copeland as a member of the Architectural Review Board for a four -year term of office ending October 1, 2021. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code IIof Virginia (1950), as amended, I am enclosing a, copy of the Virginia Freedom of Info4ation Act. The Act requires that you be provided' with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Architectural Review Board. Stephanie M. Moon R MMC City Clerk Enclosures pc: Tina Carr, Secretary, Architectural Review Board /w application COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of September 2017, BILL MASON was appointed as a member of the Architectural Review Board for a four -year term of office ending October 1, 2021. Given under my hand and the Seal of the City of Roanoke this nineteenth day of September 2017. City Clerk September 19, 2017 Jackie Clewis 4902 Rowe Ridge Road, N. W. Roanoke, Virginia 24017 Dear Ms. Clewis: CECELIA T. W ERR, CMC A,,uaftvt Deputy City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 18, 2017, you were appointed to replace Carolyn Barrett (Classified Service) as a member of the Personnel and Employment Practices Commission for a term of office ending June 30, 2020. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing a copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Personnel and Employment Practices Commission. Sincerely, F�uh'J h%Oa�` �,Q,� Stephanie M. Moon ynolds, MC City Clerk Enclosures PC: Michele Vineyard, Secretary, Personnel and Employment Practices Commission /w application CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Roam 456 Roanoke, Virginia 24011 -1536 'rele,hwe: (540)853 -2541 Fvx: (540)853 -1145 S IEFI IANIE M. MOON REYNOLDS, MMC R -mail: clerk�arvanvkeva.goa CECELIA F. MCCOY City Clerk Depart City Clerk September 19, 2017 Jackie Clewis 4902 Rowe Ridge Road, N. W. Roanoke, Virginia 24017 Dear Ms. Clewis: CECELIA T. W ERR, CMC A,,uaftvt Deputy City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 18, 2017, you were appointed to replace Carolyn Barrett (Classified Service) as a member of the Personnel and Employment Practices Commission for a term of office ending June 30, 2020. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing a copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Personnel and Employment Practices Commission. Sincerely, F�uh'J h%Oa�` �,Q,� Stephanie M. Moon ynolds, MC City Clerk Enclosures PC: Michele Vineyard, Secretary, Personnel and Employment Practices Commission /w application COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of September 2017, JACKIE CLEWIS (Classified Service) was appointed to replace Carolyn Barrett as a member of the Personnel and Employment Practices Commission for a term of office ending June 30, 2020. Given under my hand and the Seal of the City of Roanoke this nineteenth day of September 2017. ��3'' -►"' --City Clerk �'�/j Christina B. Hatch 2239 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Ms. Hatch: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 18, 2017 you were appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Scott Horchler ending June 30, 2019. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing a copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Roanoke Neighborhood Advocates. Since ely, Shi. h0Mc Stephanie M. Moon nol ,MMC City Clerk Enclosures PC: Bob Clement, Neighborhood Services Coordinator /w application CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 TO,h.nc (540)N53 -2541 Pax: (540) 853 -1145 STEPHANIE M. MOON REYNOLDS, MMC F-WI: CECELIAF.MCCOY City Clerk Deputy City Clerk CECELIA T. W EBB, CIVIC Assistant Deputy City Clerk September 19, 2017 Christina B. Hatch 2239 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Ms. Hatch: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 18, 2017 you were appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Scott Horchler ending June 30, 2019. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing a copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Roanoke Neighborhood Advocates. Since ely, Shi. h0Mc Stephanie M. Moon nol ,MMC City Clerk Enclosures PC: Bob Clement, Neighborhood Services Coordinator /w application COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of September 2017, CHRISTINA HATCH was appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of office of Scott Horchler ending June 30, 2019. Given under my hand and the Seal of the City of Roanoke this nineteenth day of September 2017. 4� City Clerk jv u� CITY OF ROANOKE OFFICE OFTHE CITY CLERK .. F< 215 ('lunrrh A,olne, S. W., Rnoa 456 Roanoke, Virginia 24011 -1536 '1 Oep Lune: (5411)X53 -2541 Far: (5410853-1145 S'IP11ANIE M. MOON RUNOI.DS, MM(. Iinwil: elrrkut -a )kuep'kpr ('I!('ElAARM(('O) 01% ('jerk Depulr ('ily (Yrrk ( E(L .lA'1. R'1!i6, ('M(' Anairlanl Depuly ('ip (let k September 19, 2017 Robert S. Cowell, Jr. City Manager Roanoke, Virginia Dear Mr. Cowell: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 18, 2017, you were appointed to replace Sherman M. Stovall, Acting City Manager /Assistant City Manager for Operations, as a City representative of the Roanoke Valley Broadband Authority for a term ending December 12, 2019. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Furthermore, Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required 'Yo read and become familiar with provisions of the Act." Robert S. Cowell, Jr. City Manager September 19, 2017 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as the City official representative of the Roanoke Valley Broadband Authority. ncerely, r Stephanie M. Moon R ot.ds lds, C City Clerk Enclosures PC: Wayne G. Strickland, Executive Director, Roanoke Valley Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of September 2017, ROBERT S. COWELL, JR., was appointed as a City representative of the Roanoke Valley Broadband Authority for a term ending December 12, 2019. Given under my hand and the Seal of the City of Roanoke this nineteenth day of September 2017, W�n City Clerk C� CITY OF ROANOKE Q) OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 °;m "??P -'''< Roanoke, Virginia 24011-1536 Telephone: (540)853 -2541 Fox: (540)853 -1145 STEPIIANIE M. MOON REYNOLDS, MMC E -mail: CECELIA F. MCCOY City Clerk Deputy City Clerk September 19, 2017 CECE W A T. W EBB, CIVIC Assioun[Deputy Clry Clerk William Sellari 1833 Avon Road Roanoke, Virginia 24015 Dear Mr. Sellari: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 18, 2017, you were appointed to replace Kelvin C. Bretton as a member of the Mill Mountain Advisory Board ending June 30, 2020. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing a copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Mill Mountain Advisory Board, knce, ly, `�,,,�"'�! Q� Stephanie M. Moon ffia� yyr3olWl7d, MMC City Clerk Enclosures PC: Nicole R. Ashby, Secretary, Mill Mountain Advisory Board /w application COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of September 2017, WILLIAM SELLARI was appointed as a member of the Mill Mountain Advisory Board ending June 30, 2020. Given under my hand and the Seal of the City of Roanoke this nineteenth day of September 2017. m CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'relep Lone: (540) 853 -2541 Fnx: (540)89 -1145 STEPBANIE M. MOON REYNOLDS, MMC E -nmil: elerk(mrop,mke...... CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. WEBB, CMC September 19, 2017 Aeelstant Deputy City Clerk Joseph A. Wood 1623 Bush Farm Drive Vinton, Virginia 24179 Dear Mr. Wood: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 18, 2017, you were reappointed as a (Tower) member of the Towing Advisory Board for a three -year term of office ending October 31, 2020. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Towing Advisory Board. A c rely, Stephanie M. M000MReyn s, MMC City Clerk Enclosures PC: Tim Meadows, Secretary, Towing Advisory Board COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of September 2017, JOSEPH A. WOOD was reappointed as a member of the Towing Advisory Board for a three -year term of office ending October 31, 2020. Given under my hand and the Seal of the City of Roanoke this nineteenth day of September 2017. �_i� Al "� k City Clerk CITY OF ROANOKE OFFICF OF THE CITY CLERK 215 ('lulrch Avenue, ti. W., Room 456 12m(noke, Virginia 24011 -1536 '1'elelAi : (591) 853 -2541 ha: (5411) X53 -1145 tl'IT:I'll AN I I! M1L MOON REA NOLII,S, NI NI( P: nmil: dcrkm onuu,keru'kO° ('E('LLIAI..M('(0) 0"(1"k nq)gjIy f11y flak September 25, 2017 Gilbert E. Butler, Jr. 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: ('EC ELIA 1. W NBB. ('M(' A,,k(anl Dcpu(y ('ity ('lerk On December 27, 1982, the Roanoke City Code was amended to provide that after completion of three consecutive complete terms of office, no member of a permanent board, authority, commission or committee shall be eligible for reappointment to the same office for the next succeeding term. On August 31, 2017, you completed your third consecutive term of office as a Commissioner of Roanoke Redevelopment and Housing Authority. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a Commissioner of the Roanoke Redevelopment and Housing Authority from December 4, 2006 to August 31, 2017. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, �Spha olds, MC City Clerk Enclosure CERTIFICATE OF APPRECIATION PRESENTED TO Gilbert E. Butler AS A COMMISSIONER OF THE ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY FROM DECEMBER 4, 2006 TO AUGUST 31, 2017 ON THIS 26TH DAY OF SEPTEMBER , 2017 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED, ATTEST: P a ho - SHERMAN P. LEA, SR. STEPHANIE M. MOO I REYI LDS MAYOR CI CLERK CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Cknrrk Avenue, S. W., Romn 456 Rot inake, Virginia 24011 -1536 '1 elepkopie : (540)853 -3541 1itt: (540) 853 -1149 S'I IiP1IAN IE NL MOON N If YN(11.1)S, NMI( 1 mall: elerko-t nnuwkll,lp4 IE('LI.IA I =. NI('('Ol' ('il, ('leek IIePUIy ('ile ('lerk September 25, 2017 Kimberly G. Parker 728 Windsor Avenue, S. W. Roanoke, Virginia 24015 Dear Ms. Parker: f F( VIA Al. \11,1111, ('M(' A.,,Wa V nepoly file ('le, k Your term of office as a member of the Parks and Recreation Advisory Board expired on March 31, 2017. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Parks and Recreation Advisory Board from August 5, 2013 to March 31, 2017. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Q,, . I' r \' " `�I�G Stephanie M. Moon Rey ds, C City Clerk Enclosure CERTIFICATE OF APPRECIATION PRESENTED TO Kimberly G. Parker AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FROM AUGUST 5, 2013 TO MARCH 31, 2017 ON THIS 26TH DAY OF SEPTEMBER , 2017 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: P ,. SHERMAN P. LEA, SR. STEPHANIrE M. MO N EYD LDS MAYOR Cl IY CLERK CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 ¢�kn Roanoke, Virginia 24011 -1536 '10OpLnne: (540)x53 -2541 F.,: (5411)X53 -1145 S I I N IAN I L:01.k100N 124: \N0ILF, kIN( Wmnll: elc anoke1m.1— ('I!(ISLIA 1. N('('(3Y ('i15 ['Icrk Ucpmy (i1)' (Ycrk September 25, 2017 Douglas Robison 2517 Mt. Vernon Road, S. W. Roanoke, Virginia 24014 Dear Mr. Robison: (EC ELIA AaslNVUI Dep,l} ('ity('lerk Your term of office as a City representative of the Visit Virginia's Blue Ridge, Board of Directors expired on June 30, 2017. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a City representative of the Visit Virginia's Blue Ridge, Board of Directors from July 1, 2013 to June 30, 2017. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, oQ�' Stephanie M. Moon R olds, C City Clerk Enclosure CERTIFICATE OF APPRECIATION PRESENTED TO Douglas Robison AS A CITY REPRESENTATIVE OF THE VISIT VIRGINIA'S BLUE RIDGE, BOARD OF DIRECTORS FROM JULY 1, 2013 TO JUNE 30, 2017 ON THIS 26TH DAY OF SEPTEMBER , 2017 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: fEP �� P. L ON R OLDS MAYOR CITY CLERK CITY OF ROANOKE OFFICE OFTIIE CITY CLERK 215 ('hnrrh Avenue, S. W., Kmvn 456 1Luuluke, Virginia 24011 -1536 'Ii -0op6n,m: (5411)853 2,541 1'nu ISAII)X5.1 -114$ II(1'IIANI 1, Ni. MOON 1(EV NOI.n3, 61Ai( IPmxil: alcrko, nranu k,,,,,,, ('IQ l51.lA I<NI('(flY (11, (lark lkp 1, ('ip' ('lark September 25, 2017 Gordie L. Ziegler 3420 Canter Circle Roanoke, Virginia 24018 Dear Mr. Ziegler: C li('I(1.IA'I. WEI111, (TI(' A WNI.,W nenuly Clly Clerk Your term of office as a member of the Parks and Recreation Advisory Board expired on March 31. 2017. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Parks and Recreation Advisory Board from May 19, 2008 to March 31, 2017. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sinc�errely�,��{�y� }Nj Stephanie M. Moon R nolds, MC City Clerk Enclosure CERTIFICATE OF APPRECIATION PRESENTED TO Gordie L. Ziegler AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FROM MAY 19, 2008 TO MARCH 31, 2017 ON THIS 26TH DAY OF SEPTEMBER , 2017 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST_ 4S( SHERMAN P. LEA, SR. STEPHANIE M. MO N MAYOR CITY CLE t� CITY OF ROANOKE OFFICE OF T11E CrrY CLERK 215 ('Lurch Avenue, S. W., Roam 456 n Roanoke, Virginia 24011-1536 "I'rllga,: ne: -145 (54()9531 Pax: SI'1;1'11ANIFNI.AIU(1N Iti(1'N(ILIIN, NINI(' I( -mail: dm,kon'uunn kmng °c ('ily ('Icrk 1h,ily ('iti ('Icrk September 25, 2017 Marcus E. Huffman 306 Timothy Lane, N. W. Roanoke, Virginia 24017 Dear Mr. Huffman: ('14('1111 A'I'. WI(Itlt, ('M(' AxehI.W W,1,01}'(kfl, Your term of office as a member of Youth Services Citizen Board expired on June 30, 2017. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Youth Services Citizen Board from July 1, 2015 to June 30, 2017. Please rind enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Stephanie M. Moon R olds, MC City Clerk Enclosure CERTIFICATE OF APPRECIATION PRESENTED TO Marcus E. Huffman AS A MEMBER OF THE YOUTH SERVICES CITIZEN BOARD FROM JULY 1, 2015 TO JUNE 30, 2017 ON THIS 26TH DAY OF SEPTEMBER , 2017 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: SHERMAN P. LEA, SR. STEPHANIE M. M ON RE LDS MAYOR CITY CLE F tr� CITY OF ROANOKE OFFICE. OF THE CITY CLERK 215 ('hnreh Avenue, S. W., Roon( 456 Roanoke, Virginia 24011 -1536 k k,hUlm: (540) 85 }2541 fnv: (5411) 953 -1145 NIIT] 1AN'114 N1. N100N Ref NOIAN, aI N(. Ivnu,ii'. 111khl runnokvva'kO4 ('1!('9;1. IA I . NX('O\' ('ily ('Zn' Dl 101 ('il) ('lerk September 25, 2017 Kenai Hunt 321 Corbin Circle, N. W. Roanoke, Virginia 24017 Dear Ms. Hunt: ('C('lil.l A'1'. NUMB, (TI(' Asxi.tlanl Dua„Iv (ilv Clerk Your term of office as a member of Youth Services Citizen Board expired on June 30, 2017. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Youth Services Citizen Board from July 1, 2015 to June 30, 2017. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, S e�.. M on R olds, � City Clerk Enclosure CERTIFICATE OF APPRECIATION PRESENTED TO Kenai Hunt AS A MEMBER OF THE YOUTH SERVICES CITIZEN BOARD FROM JULY 1, 2015 TO JUNE 30, 2017 ON THIS 26TH DAY OF SEPTEMBER , 2017 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: 'HERMAN P. LEA, SR. STEPHANIE M. MV ON OLDS MAYOR CITY CLENC f-! c CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 ('hnrrh Avenue, S. W., Rnnnt 456 Rtanokc, Virginin 24011 -15 }6 'I HCpLOne; (540) 853 -2541 Pna: (5411) 853-1145 SI'I PHANI F NI. MOON RENNOI.115, M M(. 11"Ifi1: Off h1,1 Ioalfokcl- '.I.1- ('EtUI.IA I. N('('ON ('i1) ('I't k Dt"'i" ('it, ('lick September 25, 2017 Diane M. Casola 2342 Circle Drive, S. W. Roanoke, Virginia 24018 Dear Ms. Casola, Mina nt Dt,,W, ('it, (10 If Your term of office as a member of Youth Services Citizen Board expired on June 30, 2017. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Youth Services Citizen Board from July 1, 2015 to June 30, 2017. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, _ r � W 4AP Stephanie M. Moon �2'ynol MM C City Clerk Enclosure CERTIFICATE OF APPRECIATION PRESENTED TO Diane M. Casola AS A MEMBER OF THE YOUTH SERVICES CITIZEN BOARD FROM JULY 1, 2015 TO JUNE 30, 2017 ON THIS 26TH DAY OF SEPTEMBER , 2017 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED. ATTEST. SHERMAN P. LEA, SR STEPHANIE M. MO N RE DS MAYOR CITY CE C ' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephmlc (541)853 -3541 F.x: (540)953 -1145 SI'EYIIANIL M. MOON REYNOLDS, MM( L- nrnil: elerk(a, roaaokeva.guy CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy Ciry Clerk September 26, 2017 Randall G. Simmons 624 Caldwell Street N. W. Roanoke, Virginia 24017 Dear Mr. Simmons: Your term of office as a member of the Towing Advisory Board will expire on October 31, 2017. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Towing Advisory Board from July 2, 2012 to October 31, 2017. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, M � Stephanie M. Moon %Re d s City Clerk SMM:aj Enclosure PC: Tim Meadows, Secretary, Towing Advisory Board CERTIFICATE OF APPRECIATION PRESENTED TO Randall Simmons AS A MEMBER OF THE TOWING ADVISORY BOARD FROM JULY 2, 2012 TO OCTOBER 31, 2017 ON THIS 26TH DAY OF SEPTEMBER , 2017 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: SHERMAN P. LEA, SR. STEPHANIE M. MOON RE OLDS MAYOR CITY CLERK September 26, 2017 Rick Clark 5819 Fieldview Drive S. W. Roanoke, Virginia 24019 Dear Mr. Clark: Your term of office as a member of the Towing Advisory Board will expire on October 31, 2017. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Towing Advisory Board from August 18, 2014 to October 31, 2017. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, 4.. l , — Stephanie M. Moon ReynTi(ds, MC City Clerk SMM:aj Enclosure pc: Tim Meadows, Secretary, Towing Advisory Board CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fox: (540)853 -1145 S "I EPIIAN1E M. MOON REYNOLDS, MMC E -nail: derkrturoanokevo.gov CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. W EBB, CMC Assistant Deputy City Clerk September 26, 2017 Rick Clark 5819 Fieldview Drive S. W. Roanoke, Virginia 24019 Dear Mr. Clark: Your term of office as a member of the Towing Advisory Board will expire on October 31, 2017. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Towing Advisory Board from August 18, 2014 to October 31, 2017. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, 4.. l , — Stephanie M. Moon ReynTi(ds, MC City Clerk SMM:aj Enclosure pc: Tim Meadows, Secretary, Towing Advisory Board CERTIFICATE OF APPRECIATION PRESENTED TO Rick D. Clark AS A MEMBER OF THE TOWING ADVISORY BOARD FROM AUGUST 18, 2014 TO OCTOBER 31, 2017 ON THIS 26TH DAY OF SEPTEMBER , 2017 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: SHERMAN P. LEA, SR. STEPHANIE M. MOON RE"OLDS MAYOR CITY CLERK CECELIA T. WEBB, CMC A.hou t Deputy City Clerk September 26, 2017 Aaron M. Copeland 606 Walnut Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Copeland: Your term of office as a member of the Architectural Review Board will expire on October 1, 2017. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Architectural Review Board from November 2, 2009 to October 1, 2017. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Stephanie M. Moon Re Ids, C City Clerk SMM:aj Enclosure PC: Donna Payne, Secretary, Architectural Review Board CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (541)853 -2541 Fun: (540)853-1145 ON EYIIANIE M. MOON REYNOLDS, MM( E -mull: elerk(,Irommkavn.ena CECELIA F. MCCOY Clly Clerk Deputy City Clerk CECELIA T. WEBB, CMC A.hou t Deputy City Clerk September 26, 2017 Aaron M. Copeland 606 Walnut Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Copeland: Your term of office as a member of the Architectural Review Board will expire on October 1, 2017. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Architectural Review Board from November 2, 2009 to October 1, 2017. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Stephanie M. Moon Re Ids, C City Clerk SMM:aj Enclosure PC: Donna Payne, Secretary, Architectural Review Board CERTIFICATE OF APPRECIATION PRESENTED TO Aaron M. Copeland AS A MEMBER OF THE ARCHITECTURAL REVIEW BOARD FROM NOVEMBER 9, 2009 TO OCTOBER 1, 2017 ON THIS 26TH DAY OF SEPTEMBER , 2017 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: P �L -- - -- SHERMAN P. LEA, SR. STEPHANIE M. MOON RE NOLDS MAYOR CITY CLERK p� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fav (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail: tlerkei)roanpkeve.&oy CECELIA F. MCCOV City Clerk Deputy City Clerk CECELIA T. W ERR, CMC Assistant Deputy City Clerk September 26, 2017 Kelvin C. Bretton 5520 Gloster Drive, Apt. 1 A Roanoke, Virginia 24019 Dear Mr. Bretton: Your term of office as a member of the Mill Mountain Advisory Board expired on June 30, 2017. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Mill Mountain Advisory Board from June 2, 2014 to June 30, 2017. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Stee M.IMoonl rReynoldM2. City Clerk SMM:aj Enclosure PC: Nicole Ashby, Secretary, Mill Mountain Advisory Board CERTIFICATE OF APPRECIATION PRESENTED TO Kelvin C. Bratton AS A MEMBER OF THE MILL MOUNTAIN ADVISORY BOARD FROM JUNE 2, 2014 TO JUNE 30, 2017 ON THIS 26TH DAY OF SEPTEMBER , 2017 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED ATTEST � w SHERMAN P. LEA, SR, TEPHANIE M. MOON REYNOLDS; MAYOR CITY CLERK IN THE COUNCIL OF THE CITY OFFRROANOKE, VIRGINIA The 18i° day nl'Septemhen', 2617. No. 40965- 091817- A RESOLUTION memorializing tie late Frank Noel Perkinson Jr'., fanner Or Council ...ember and longtime resident ofRoanoke. WHEREAS, Members if Connicil learned with .sorrow of the passing of Mr. Perkinson on Satnu'(lay, June 24, 2017, at the age 01`90; WHEREAS, Mr. Perkinson was born an January 31. 7917, in Blackstone. Virginia to Frank a , d Sarah Perkinson, and lived the a until the age of 12 when his family nerved to Chesterfield Collin) . Virginia; WHEREAS, immediately upon graduation fi ara high school, Mr. Perkinson was inducted into the U.S. .Army and served nvo years in Italy during World War H; WHEREAS, after his nnilita[v service, Mr. Perkinson net erded Virginia Cmnmorrwenitr University for two years, t eit finished his law degree at the Urtversiq of Virginia in 1952; WHEREAS, while in law school, Mr'. Perkinson was elected Mayo of Copeley Hill, a married stialents Iaustrre project, WHEREAS, while at the University of Virginia, Mr. Perkinson worked at various jobs to support his education including working at a rock quarry in the sunrrner; WHEREAS, Mr. Perkinson passed the State Bar worn in 1951 and was admitted to the Virginia State Bar ane year beJ re graduating from law school, and was one of only 67 students win; passed the state bar that year out of 366; WHEREAS, Mr'. Perkinson was appointed Special Agent for the Federal Bureau of Investigation in 1952 and served in Newark, New .Iersey, and Pitsbm'gh, Pennsylvania; WHEREAS, Mr. Perkinson resigned to enter the private practice of law in Roanoke, Virginia, and established /his avn lair office in 1958 and successfully practiced law for 56 years; WHEREAS, Mr. Perkinson saved as the Chp Bail Connmissioner, taught Cmrunereial Law at National Business College, and was a former director of the Roanoke City, Bar Association; WHEREAS, Mr. Perkinson was elected to Roanoke City, Council front 1966 to 1970, and served on various committees including the Civic Center Can nnittee, the Valley Consolidation Committee, and tau the Zoning Connnission; WHEREAS, Me Perkinson was active in the Young Democratic Clubs of Virginia having served as Sixth District Chairman, Treasurer, Vice President, and was elected as President for the term from 1967 to 1968, during which time his club was awarded the Best Democratic Club in the United States, and the award was presented to him by Vice President Hubert Humphrey in 1968; WHEREAS, Mr. Perkinson was a member of the Blue Ridge Chapter of the Former FBI Agents Association, serving as Secretary /Treaswer for three years, and enjoyed membership in organizations including Downtown Roanoke, BPO Elks of Roanoke, Loyal Order of Moose, American Legion, Board of Directors of General Counsel for O.LC., and the Chamber of Commerce; WHEREAS, Mr. Perkinson served three years mr the Speakers Bureau of the United Fund, serving one of those years as chairman, and was a regional winner twice in the International Toast Masters Club Competition; WHEREAS, Mr. Perkinson lectured extensively for the Virginia State Bar in its Continuing Legal Education Program and helped write and edit the Debt Collection for Virginia Lawyers book yearly, which is still used today; WHEREAS, from 1982 until his retirement, Mr. Perkinson began representing the Commonwealth of Virginia in collection cases and, in 1983, was added as special counsel for the handling of all cases for the Department of Mental Health in Virginia; WHEREAS, for the period of 10 years he lived in Franklin County, Mr. Perkinson raised thoroughbred race horses, and his other loves were gardening, fishing, and University of Virginia sports; WHEREAS, Mr. Perkinson was known as an excellent storyteller and had a good sense of humor, and while his presence will be greatly missed, his legacy and love of the law will forever befell; THEREFORE, BE IT RESOLVED by the Council of the Cry of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Frank Noel Perkinson Jr., and extending to his fancily its sincerest condolences, and recognizing the indelible legacy he has left to his City and fellow citizens. 2. The City Clerk is directed to provide an attested copy oj'this resolution to Mr. Perkinson'swidow, Ginger Gevrekian Perkinson, of Roanoke, Virginia. Sherman P. Lea, Sr. Mayor Attest: Stephanie M. Moon eynoi City Clerk The Roanoke Times Roanoke, Virginia Affidavit of Publication HUD COMMUNITY RESOURCES DIVISION Alto Keith Holland 215 CHURCH AVE SW. ROOM 305 NORTH ROANOKE.. VA 24011 Account Number 6028915 Dale September 01, 2017 Date Category Description Ad Size Taai 0061 0 910 712 01 7 Legal Notices NOTICE OF PUBLIC HEARING CITY OF ROANOKE DRAFT 1 x 87 L 46672 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: 0910112017 The First insertion being given... 09/01/2017 Newspaper reference: 000i1592785 1Ma1!V ' � Billing likepresentative Sworn to and subscribed before me this Friday, September 1, 2017 fitary Pub wc.c/VA,'i NOTARy'','l, State f Virginia _ PUELIC City /County of Roanoke ` * i RBG. #332964 My Commission expire s j i 61y COM6115S10;J r �'�, PIR NOTICE OF PUBLIC HEARING CITY OF ROANOKE DRAFT 2016-2017 HUD PERFORMANCE AND EVALUATION REPORT Pursuant to 24 CFR Section 91.105, notice is hereby given that on Monday, September 18. 2DI7, at 7:00 p.m., or as Don thereafter as the matter may no heard, the City Council of Roanoke. Virginia, will meet in the City Council Chamber. 4th Fluor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, for the purpose of holding a public hearing on Oe City 's draft 20162017 HUD Consolidated Annual Performance and Evaluation Report (2016 2017 CAPER). All Persons shall be offorked n ,penternity to speak and state their views concerning all aspects of the draft 2016 -2017 CAPER wkhm such Day, time Body as shall be established by City Council. Written comments of interested persons will be received by the City Clerk at any time Fruits, the hearing. Complete comes of the daft 2016 -2017 CAPER are available for public inspection beginning Monday, August 2L 2017. at the City Clerk's Office, Noel moa asurrome on no cow s wepsne at wevain a..Neva.gov. Number menu on the draft 20162017 CAPER will be accepted through Tuesday. September 19. 2017, at ABU una. at the HUD Community Resources Design , Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Room 305 North, Roanoke VA 24011. or email to ReRaHrollandeffa amervagov. All who desire to speak at the public heading should contact the City Clerk's olfire at (Sao) 053 2541. Isaividuals with a disability needing an accommodation should contact the CiW Clerk's office by 12:00 noon on Thursday, September 14, 2017. For Harder information about the meeting or to Comment on or inquire about the 20162012 CAPER, contrast the HUD Community Remurces Division at (540) 653.6104. Gwen under my hand this 1st day of pmjj:33 Stoneham, 2012. °17 5EFa- 6 Stephanie M. Moan Reynolds. MMC, City Clock (592785) V NOTICE OF PUBLIC REARING CITY OF ROANOKE DRAFT 2016 -2017 HUB CONSOLIDATED ANNUAL PERFORMANCE. AND EVALUATION REPORT Pursuant to 24 CFR Section 91.105, notice is hereby given that on Monday, September 18, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council of Roanoke, Virginia, will meet in the City Council Chamber, 0' Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, for the purpose of holding a public hearing on the City's draft 2016 -2017 HUD Consolidated Annual Performance and Evaluation Report (2016 -2017 CAPER). All persons shall be afforded an opportunity to speak and state their views concerning all aspects of the draft 2016 -2017 CAPER within such reasonable time limits as shall be established by City Council. Written comments of interested persons will be received by the City Clerk at any time prior to the hearing. Complete copies of the draft 2016 -2017 CAPER are available for public inspection beginning Monday, August 21, 2017, at the City Clerk's Office, Noel C. Taylor Municipal Building, 215 Church Avenue S.W., Room 456 South, Roanoke VA 24011; the HUD Community Resources Division Office, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Room 305 North, Roanoke VA 24011; City Library Main Branch at 706 S. Jefferson Street S.W., Roanoke VA 24016; and the Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W, Roanoke VA 24017. The drafl 2016 -2017 CAPER is also available on the City's websiteatwww.roanokeva.eov. Written comments on the draft 2016 -2017 CAPER will be accepted through Tuesday, September 19, 2017, at 4:00 p.m. at the HUD Community Resources Division, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Room 305 North, Roanoke VA 24011, or email to Keith.Holland@roanokeva.gov. All who desire to speak at the public hearing should contact the City Clerk's Office at (540) 853 -2541. Individuals with a disability needing an accommodation should contact the City Clerk's Office by 12:00 noon on Thursday, September 14, 2017. For further information about the meeting or to comment on or inquire about the 2016 -2017 CAPER, contact the HUD Community Resources Division at (540) 853 -6404. Given under my hand this 1st day of September 2017. Stephanie M. Moon Reynolds, MMC, City Clerk NOTE TO ROANOKE TIMES: Please publish this notice in the Roanoke Times for one day, Friday, September 1, 2017. This notice may appear in that portion of the newspaper reserved for legal notices and classified advertisements. For questions regarding this notice, contact Keith Holland, Department of Planning, Building and Development at 853 -6404. Send publisher's affidavit to: Stephanie M. Moon Reynolds, MMC, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 2401 1 -1 536 Send bill to: Keith Holland Dept. of Planning, Building and Development Community Resources Division Room 305 North, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 2401 1 -1 536 > IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of September, 2017. No. 40966 - 091817. AN ORDINANCE authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property ( "Contract') between the City of Roanoke, Virginia ( "City "), and Lora J. Katz ( "Buyer "), to sell to Buyer an approximately 0.75 acre parcel of a portion of City-owned property located at 2424 Brambleton Avenue, S.W., Roanoke, Virginia, which parcel consists of City -owned property designated as Official Tax Map No. 1470301, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on August 21, 2017, and continued on September 18, 2017, pursuant to Section 15.2 -1800 and Section 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to execute a sales Contract, substantially similar to the Contract attached to the City Council Agenda Report to this Council dated September 18, 2017, to sell to Buyer an approximately 0.75 acre parcel of a portion of City-owned property, together with the Building situated thereon (`Property "), the Property being a portion of City -owned property located at 2424 Brambleton Avenue, S.W., Roanoke, Virginia, which parcel is designated as Official Tax Map No. 1470301 for the purchase price of $10.00, upon certain terms and conditions; for Buyer to restore the Building and use it O- Awhorize conhnct betweut C6y and Lora Katz-F'Ishhnrn Propeny- 'rM1470501(9. 19 17) for a single family residence, upon such terms and conditions as more particularly set forth in the above - mentioned Agenda Report. 2. The City Manager is further authorized to execute such further documents, including a Special Warranty Deed of Conveyance for the transfer of the Property to the Buyer in accordance with the terms of the Contract, and take such further actions as may be necessary to implement, administer, and enforce the Contract, and complete the sale and transfer of the Property to the Buyer. 3. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by the Buyer pursuant to the Contract which obligations include, but are not limited to, Buyer commencing construction activity with ninety (90) days of Closing, and substantially completing construction no later than 12 months after the closing date. 4. The form of the documents referred to above and in the Agenda Report are to be approved by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTrST: City Clerk. l• O- Aathoda contract between City and Loa Katz- F16hara Property- RA147030)(918 .IZ) 2 °~ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 18, 2017 Subject: Sale of Land of Approximately 0.75 Acres and Improvements - Former Fishburn Park Caretaker's Cottage Background: The City of Roanoke (City) is the owner of a parcel of land, consisting of approximately 15.2176 acres (Parcel) which contains the former Fishburn Park Caretaker's Cottage located at 2424 Brambleton Ave., S.W., and identified as Tax Map Number 1470301. Loraj. Katz, an individual (Buyer) has submitted a revised proposal to purchase an approximate 0.75 acre portion of the Parcel (Property) which includes the Cottage for Ten Dollars ($10.00) in order to restore the building and use it for a single family residence. A public hearing was held on August 21, 2017, at which Council Members heard from various presenters regarding matters related to the parcel size and configuration contemplated in the Sale and Purchase Agreement and the Buyer's efforts to preserve the cottage and certain elements therein. Council continued the public hearing to September 18, 2017, at 7:00 p.m. at Council Chamber. The attached proposed Contract for Purchase and Sale of Real Property (Contract) contains the terms and conditions revised following the public hearing on August 21, 2017, a subsequent on -site meeting with the Buyer and city staff, and receipt of Buyer's revised proposal. Considerations: In consideration of the purchase price of Ten Dollars ($10.00), Buyer agrees to the following Post Closing Performance Obligations: • Develop the Property in accordance with Buyer's Proposal and Plans and invest a minimum of $135,000 in building construction and equipment in connection with the renovation. • Commence construction activity no later than 90 days of the closing date. • Complete construction activities by twelve (12) months after the closing date. • Certify in writing to the City, with detailed itemized costs, the amount invested in the building construction and equipment, and do so within 90 days of the receipt of a formal Certificate of Occupancy, and, should the costs be less than the agreed to $135,000 minimum investment, pay to the City any difference. • Provide the City with written status reports due on the 1" day of the month for January, April, July and October subsequent to closing and until completion. • Buyer will not sell, transfer, or otherwise dispose of the Property or any portion of interest thereof until the Property has been completely developed and the Buyer has received a permanent Certificate of Occupancy. • In the event the Buyer sells, or otherwise conveys the Property or any part of the Property, within Four (4) Years of the date of issue of the final Certificate of Occupancy, the Buyer shall repay the City $75,000 (based on the current assessed value of $74,400). This obligation shall be secured by a first priority Deed of Trust on the Property. • Buyer is responsible for payment of all applications, filing and related fees to City for creation of the Property as a separate parcel from original Parcel. • Buyer will not construct more than one (1) accessory structure as defined by City Zoning Ordinance as contained in Chapter 36.2 of City Code, make no curb cuts onto Brambleton Avenue, S.W., from the Property, or use Fishburn Park public access to access the property whether by Buyer, contractors, guests or invitees except as provided by Easements for ingress and egress, and may not use any portion of Fishburn Park parking facilities for use by Buyer, contractors, guests or invitees. • Buyer agrees that the Deed will include a restriction that will limit use of the Property to single family purposes as permitted by the applicable zoning district. • Buyer agrees that the Deed will include a restriction that the Property shall not be further subdivided at any time after closing. • Buyer agrees that the Deed will include a restriction that the Building shall not be razed, demolished or removed, in whole or in part (other than removal of portions of the existing structure set forth in Buyers proposal), without the prior approval of Seller. • Buyer agrees that during and subsequent to development of the Property and the Building, Buyer shall preserve, whether in place or re- purposed elsewhere in the structure, historic elements of the Building listed in Buyers proposal, to the extent possible, and that prior to the issuance of a permanent certificate of occupancy for the Building, Buyer shall provide Seller with a detailed schedule of the historic elements of the Building preserved by Buyer. In addition, after Buyer completes her due diligence, Buyer, at Buyer's expense, will need to subdivide the Parcel into two separate parcels, one of which is the Property, obtain approval to rezone the Property from its current zoning district (Recreational Open Space) into a residential zone; obtain approval to release the Property from its designation as a part of Fishburn Park; and obtain approval of the necessary, nonexclusive easement for ingress and egress, and to the extent necessary easements for water, sewer, and gas service to the Property. All such easements will benefit solely the Property and are not transferrable except with the transfer of the Property. It is anticipated that this performance -based conveyance of public property will ensure the timely renovation of this Property while maintaining the scale and setting of the former Caretaker's Cottage. Recommended Action: Approve the attached ordinance authorizing the City Manager to execute a contract substantially similar to the one attached to this Report, and to execute such other documents and to take such further action as may be necessary to implement, administer, and enforce such contract. All documents are subject to the approval as to form by the City Attorney. i ------- - - - - -- --------------- -- Robert S. Cowell, Jr. City Manager Attachment Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Amelia Merchant, Acting Director of Finance Michael Clark, Director, Parks and Recreation Wayne Bowers, Director, Economic Development DRAFT DATE: 09.11.2017 CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property (Contract) is dated September _, 2017, by and between the City of Roanoke, Virginia, a Virginia municipal corporation ( "Seller" or "City "), and Lora J. Katz, an individual (`Buyer"). RECITALS: WHEREAS, Seller is the owner in fee simple of certain real property located at 2424 Brambleton Avenue, S.W., Roanoke, Virginia 24015, Official Tax Map No. 1470301, containing approximately 15.2176 acres, together with all improvements thereon, as shown and described more particularly in the attached Exhibit I ( "City's Parcel "); WHEREAS, Seller is desirous of selling a portion of the City's Parcel not to exceed 0.75 acres, together with improvements thereon, including the caretaker's house (`Building "), and Easements all as depicted on the attached map attached hereto as Exhibit 1 -A (`Property ") to Buyer and Buyer is desirous of acquiring such Property including the Building and Easements in order to restore the Building and use it for a single family residence in accordance with Buyer's proposal dated April 14, 2017, revised Jane 6, 2017, and revised August 30, 2017, together with such supplements, additions, and amendments that Buyer shall make prior to closing and shall be attached hereto (`Proposal "); WHEREAS, the Building located on the City's Parcel is currently vacant and in disrepair, the Building has an assessed value of $74,400, and Seller will sell the Property, including the Building, to Buyer for a price less than the assessed value provided Buyer fully complies with all terns and conditions as set forth in this Contract and, if Buyer fails to comply with such terms and conditions, Buyer shall be liable to Seller for remedies set forth hereinafter or for such other remedies available to Seller as set forth in this Contract or by law; and WHEREAS, the City desires that renovation and development of the Building and the Property in accordance with the Proposal ( "Project ") proceed. THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth in this Contract including the Recitals above, which Recitals are incorporated herein and made a part of this Contract and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, Seller and Buyer hereby agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires, for the purpose of this Contract, the following terms shall have the meanings set forth in this Section: Building: An approximately 1,080 square foot facility currently located on the City's Parcel and which will become a part of the Property, in its current condition. Comma for Sal¢ (o.aa 09.113017) DRAFT DATE: 09.11.2017 Buyer's Proposal or Proposal: Buyer's Proposal refers to the Buyer's planned subdivision of the City's Parcel to establish the Property as a separate parcel, and the renovation of the Building on the Property for residential use, as set forth in a document entitled "Department Surplus Property Sale Proposal," dated April 14, 2017, revised June 6, 2017, and revised August 30, 2017, prepared by Lora J. Katz, a copy of which is made a part hereof and marked as Exhibit 2, together with such supplements, additions, and amendments thereto that Buyer shall make to provide additional details with respect to the Project. Such supplements, additions, and amendments shall be attached to this Contract prior to Closing and shall be a part of this Contract. City's Parcel: A certain parcel of land located at 2424 Brambleton Avenue, S.W., Roanoke, Virginia 24015, Official Tax Map No. 1470301, containing approximately 15.2176 acres, together with all improvements thereon. The City's Parcel was conveyed to Seller by deed dated January 2, 1925, from Weaver Heights Corporation recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke, Virginia in Deed Book 141, Page 401. The City's Parcel is more particularly described in Exhibit 1 attached hereto and made a part hereof. Closine: The consummation of this Contract by Seller's delivery of a Special Warranty Deed to the Property and Easements to Buyer. Closine Date: The date provided for in Section 11 hereof for the Closing. Construction Activity: The receipt of all Permits and Approvals and the initiation of site work on the Property by Buyer. Construction Performance Liquidated Damages: The amount equal to One Hundred dollars ($100.00) multiplied by the number of Days after (i) 90 days after the Closing Date and until and including the Day on which the Buyer actually commences Construction Activity; or (ii) 12 months after the Closing Date, and until and including the Day on which the Buyer actually achieves Substantial Completion of Construction. Commencement Date: The date on which Buyer certifies in writing to Seller that Buyer has commenced Construction Activity to the reasonable satisfaction of Seller, which date shall be no later than 90 days after the Closing Date. Contemplated Use: The development of the Property by Buyer solely for the purpose of residential use, Substantially Completed not later than 12 months after the Closing Date. Days: Unless otherwise stated, this term means consecutive calendar days. Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, this Contract, the Restricted Covenant, and as set forth in the Title Commitment. The Deed shall also be subject to all obligations of Buyer under the terms of this Contract. The Deed shall also include a grant of the Easements. Connet kr Sale (Draft 09.11.2017) 1 DRAFT DATE: 09.11.2017 Easements: All necessary easements to enable the Buyer to develop the Property solely for the purpose of residential use, including an access ingress/egress easement, water and sewer easements, which easements shall be determined and agreed upon by Buyer and Seller during the Inspection Period, as defined below, as the same may be extended. Unless otherwise permitted by law, such Easements shall have a duration of 40 years from the date on which such Easements are granted. The Easements shall be appurtenant to the Property, solely for the benefit of the Property, and cannot be transferred separate from the Property. Governmental Authority: Governmental Authority means the United States of America, the Commonwealth of Virginia, any other state of the United States, the City, any Federal, state, regional, or local body, commission, or agency having jurisdiction with respect to the construction, development, occupancy, use, and operation of the building as contemplated in the Project. Permits and Approvals: All permits, approvals, consents, and authorizations issued by a Governmental Authority that are required for the construction, and use of the building as contemplated in the Project, all such permits, approvals, consents, and authorization having been finally issued and subject to no condition unacceptable to Buyer and subject to no appeal. Plans or Plan: These terms mean the design plans and/or drawings and/or other documents as approved by the City of Roanoke Department of Planning, Building and Development. Project: This term means and includes the renovation of an approximately 1,080 square foot facility, to be developed by Buyer in accordance with the Proposal, as well as any related and/or connected work that may be required and/or done on any part of the Property in addition to the Building, all in accordance with the terms and provisions of this Contract. Property: A portion of the City's Parcel, not to exceed 0.75 acres, together with the Building, as depicted on the map attached hereto as Exhibit 1 -A. The Property is subject to all liens, encumbrances, easements, and restrictions of record. Buyer shall be responsible, at its sole cost and expense to prepare and record a subdivision plat to subdivide the City's Parcel into two lots, one such lot being the Property to be sold to Buyer pursuant to this Contract and the remaining parcel to be retained by Seller. Purchase Price: The sum of $10.00 to be paid by Buyer for the acquisition of the Property and Easements from Seller. Restrictive Performance Covenant: The restrictions in the Deed that require Buyer to (i) commence Construction Activity by 90 days after the Closing Date; (ii) invest a minimum of $135,000 in building constrction and equipment; and (iii) achieve Substantial Completion of Construction by 12 months after the Closing Date. Restrictive Use and Development Covenant: The restrictions in the Deed that are set forth in Sections 4(B)(10), (11), (12), and (13) of this Contract. Cone t fnr Sale (nrea 09.111017) 1 DRAFT DATE: 09.11.2017 Substantial Completion Substantially Complete or Completed, or Substantial Conformance: Development of the Property by Buyer in accordance with the Contemplated Use and Plans and where a fmal certificate of occupancy has been issued to Buyer from the City of Roanoke Department of Planning Building and Development for the Building, as set forth in the Plans. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company. Title Company: Any nationally recognized title insurance company acceptable to Buyer. SECTION 2. PURCHASE AND SALE OF PROPERTY. A. Seller agrees to sell the Property and Easements to Buyer, and Buyer agrees to purchase, the Property and Easements from Seller, upon all the terms, covenants, and conditions set forth in this Contract. B. The purchase price for the Property and Easements ( "Purchase Price ") shall be Ten Dollars ($10.00) payable in cash or certified check from Buyer to Seller at Closing, together with the other obligations of Buyer as set forth in this Contract. SECTION 3. CONDITIONS PRIOR TO CLOSING. A. 1. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, Seller, as of the Closing, shall have complied with Seller's representations and warranties in Section 10 of this Contract, the fulfillment to Buyer's reasonable satisfaction of Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 11, Buyer shall have obtained all Permits and Approvals, and Buyer shall be satisfied with the results of its due diligence and inspections undertaken pursuant to Section 17. 2. As a condition precedent to Seller's obligation to sell the Property and Easements or otherwise to perform any obligations provided for in this Contract, Buyer, as of the Closing, shall have complied with Buyer's obligations, representations, and warranties in this Contract. As a condition precedent to Seller's obligation to sell the Property or otherwise to perform any obligations provided for in this Contract, City Council shall release Seller's right to maintain and operate Fishburn Park at the Property. Upon completion of inspections and due diligence by Buyer as provided in Section 17 of this Contract and notification from Buyer that Buyer intends to proceed, Seller shall initiate appropriate proceedings as required by applicable laws of the Commonwealth of Virginia and ordinances of the City to request City Council to consider the release of Seller's right to operate Fishbum Park at the Property. Contract 1M Sale (Draft 09.11.2017) DRAFT DATE: 09.11.2017 Thirty (30) Days prior to the proposed Closing Date, Buyer will provide to Seller, to the Seller's sole satisfaction, written confirmation and documentation of Buyer's obtaining financial commitments from a recognized financial institution authorized to conduct business in the Commonwealth of Virginia in the fort of a loan commitment, with only customary commercial conditions and/or written evidence of cash in -hand, subject to no restrictions or limitation on the use of such funds for the Project, sufficient to undertake the initial renovation of the Building in accordance with the Contemplated Use of the Property, such loan commitments and cash in -hand, in the aggregate, shall not be less than $135,000. 5. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, and following the (1) expiration of the Inspection Period pursuant to Section 17; and (2) City Council releasing Seller's right to maintain and operate Fishb mr Park at the Property pursuant to Section 3.A.3: a. Buyer will undertake and complete a Boundary Survey and Subdivision Plat of the Property, at its sole cost and expense, such Survey and Subdivision Plat shall be subject to prior approval of Seller before Buyer submits the Subdivision Plat to the City's Planning, Building and Development Department. Seller's approval hereunder shall not be unreasonably withheld and such approval shall not be deemed to be approval for any regulatory purpose. b. Buyer shall apply for and receive approval from the City of Roanoke for rezoning the Property to Residential Single - Family District (R -12). The City agrees to promptly execute any forms and applications related thereto that Buyer reasonably requests, provided, however, that the burden of obtaining such approval shall be home by Buyer. The City shall cooperate with Buyer in pursuing the foregoing approval. Buyer shall be responsible for payment of all application, filing, and related fees to the City of Roanoke for rezoning of the Property. Buyer and Seller shall determine and agree upon all Easements necessary to enable the Buyer to develop the Property solely for the purpose of residential use, and which Easements may be located on the City's Parcel. Buyer acknowledges that the Easements granted by the Seller may only be granted for a period of forty (40) years. Buyer shall, at its sole cost and expense, prepare a plat in recordable form that accurately depicts the area of the Easements on the City's Parcel. Buyer shall provide Seller with a copy of the proposed Easements plat for approval by Seller prior to Closing. Such approval shall not be unreasonably withheld. d. City Council shall approve the grant of the Easements. Upon approval by Seller as provided in Section 3.A.5.c of this Contract, Seller shall initiate Correa R sale (Draft 09.11.2010) DRAFT DATE: 09.11.2017 appropriate proceedings as required by applicable laws of the Commonwealth of Virginia and ordinances of the City to request City Council to consider the grant of the Easements. B. Buyer and/or Seller may, at any time on or before the Closing Date, at its respective election, waive in writing any of the other party's conditions precedent referenced in this Section 3, and Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all such conditions precedent. C. In the event that the Closing has not occurred through no fault of Seller on or before the Closing Date, Seller, by written notice given to Buyer, shall provide Buyer with a ten (10) Day cure period from the Closing Date in which to deliver the Purchase Price and proceed with Closing. If Closing has not occurred within such additional time period through no fault of Seller, this Contract shall automatically be terminated without any farther action. In the event of any termination as set forth above, this Contract shall be deemed terminated and of no further force and effect. D. Upon the request of Seller, Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so requests, Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. Neither Buyer nor the provider of the report makes any representations or warranties to Seller about such reports or opinions and Seller may not rely on such information. E. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times comply with all applicable federal, state, and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under this Section 3, shall obtain, at their cost, any and all Permits and Approvals for such work. SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS. A. Obligations at Closing. L Seller's Obligations. At the Closing, Seller agrees to sell to Buyer the Property and Easements and deliver the Deed to Buyer in accordance with the terms of this Contract. 2. Buyer's Obligations. Buyer agrees and promises that it will do and/or has done the following at Closing: Comma (m Sale (Dna 09.11.2010) DRAFT DATE: 09.11.2017 a. Buyer will purchase the Property from Seller for the Purchase Price of Ten Dollars ($10.00) and will make payment in accordance with the terms of this Contract. b. Buyer accepts the Property in an "AS IS" condition and acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract. Buyer agrees that Buyer is taking the Property and Easements, including the Building and Improvements, without any warranties or representations from Seller and that Buyer has had sufficient opportunities to fully examine the Property, including the Building, and that Buyer shall comply with all environmental and other laws in developing the Property. C. Buyer shall promptly pay for all advertising costs and any related fees or costs connected with this Contract and/or the sale of the Property and Easements, including, but not limited to costs for any advertisement of required public hearing(s). Such payment shall be made directly to the entity providing the advertising or other service, or to the City, as the City may direct. d. Buyer agrees that the conditions and obligations of Buyer under this Contract are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. C. Buyer and Seller agree to determine the value of the Property, as subdivided, and Building, and shall certify the value at Closing. B. Post - Closing Performance Obligations of Buyer. Buyer acknowledges and agrees that a part of the consideration for the Seller is the Buyer's commitment to develop the Project in accordance with Buyer's Proposal and the performance of this commitment. Buyer agrees to perform each of the following obligations in accordance with the terms and conditions set forth in this Contract. Buyer will develop the Property in accordance with Buyer's Proposal and Plans and invest a minimum of $135,000 in building construction and equipment at the Property in connection with the renovation of the Building ( "Minimum Investment"). The Minimum Investment shall not include the amount of the Purchase Price. Completion of this development shall be pursued diligently and timely by Buyer and Buyer shall be solely responsible for satisfying its obligations hereunder subject to delays caused by events set out in Section 33 of this Contract. TIME SHALL BE OF THE ESSENCE WITH RESPECT TO EACH AND EVERY OBLIGATION OF BUYER HEREUNDER. Contract for Sale (Draft 09A 1.2017) DRAFT DATE: 09.112017 2. Buyer shall continence Construction Activity by the Commencement Date to the reasonable satisfaction of Seller, and will continue to do so, subject to delays caused by events set out in Section 33 of this Contract, without interruption, until the Project is completed. Failure to meet these requirements shall be a material breach of this Contract for which Seller shall have its remedies, including, but not limited to collection of the Construction Performance Liquidated Damages pursuant to Section 12 of this Contract, and all such remedies as may be allowed by law or in equity. All design, engineering, demolition, and construction work necessary to complete the Project in accordance with Buyer's Proposal in accordance with the Plans shall be Substantially Completed, and a final certificate of occupancy has been issued to Buyer from the City of Roanoke Department of Planning Building and Development for the Building by 12 months after the Closing Date. In the event that Buyer fails to Substantially Complete the Project in accordance with this Section, such event shall be a material breach of this Contract for which Seller shall have its remedies, including, but not limited to collection of the Construction Performance Liquidated Damages pursuant to Section 12 of this Contract, and all such remedies as may be allowed by law or in equity. 4. Within ninety (90) days after the issuance of the final certificate of occupancy by the City of Roanoke Planning, Building and Development Department for the use, occupancy and operation of the building, Buyer shall certify, in writing, to the City the amount invested by Buyer in building construction and equipment in connection with the Project. This certification shall include a detailed itemization of these costs, certified by the Buyer. In the event that the amount of this investment is less than the Minimum Investment, such event shall be a material breach of this Contract for which Seller shall have its remedies, including, but not limited to the Buyer shall pay to the City the amount of the difference between the Minimum Investment and the actual amount of the investment, and all such remedies as may be allowed by law or in equity. 5. Buyer agrees to and shall provide written progress reports (which may be by email) to the Seller's Assistant City Manager for Community Development four times a year, on the tat day of the months of January, April, July, and October subsequent to Closing and until Substantial Completion. Such progress reports shall provide the Seller with sufficient information regarding Buyer's status as to performance of Post - Closing activities to meet the terms of this Contract and to alert Seller to any issues, problems, or delays that Buyer has encountered or anticipates Buyer may encounter. 6. Buyer acknowledges and agrees that Buyer shall not sell, transfer, or otherwise dispose of the Property or Easements, any portion of the Property or Easements, or any interest in the Property or Easements, other than a deed of trust or mortgage in connection with the development and construction of the Project, Cont t for Sak(Draft 09.11.2019) DRAFT DATE: 09.11.2017 until the Property has been developed completely in accordance with the Proposal and subsequent Plans, and a final, permanent certificate of occupancy issued by the City of Roanoke Department of Planning, Building and Development has been granted to Buyer for the Building. If Buyer conveys, transfers, or attempts to convey or transfer the Property, any portion of the Property, or any interest in the Property, such conveyance shall be deemed void, of no force or effect, and a breach of this Contract. Buyer may grant a mortgage or deed of trust on the Property provided that to holder of any such mortgage or deed of trust shall acknowledge and agree in writing that the right granted Seller pursuant to Section 4.B.8 is superior to the mortgage or deed of trust. Buyer shall require that each and every lender of the Buyer that seeks to encumber the Property with a mortgage or deed of trust to acknowledge and agree to the provisions of this Section 4.13.7. Buyer recognizes that Seller is selling the Property to Buyer at a discounted sales price. The parties acknowledge and agree that as of the date of this Contract, the assessed value of the Building, by the City of Roanoke's Director of Real Estate Valuation is $74,400. In the event, Buyer sells, or otherwise conveys the Property, or any part of the Property, at any time within four years of the date the final, permanent certificate of occupancy is issued by the City of Roanoke Department of Planning, Building and Development to Buyer for the Building, Buyer shall repay to the City $75,000, whether or not the Property has depreciated or appreciated in value. This obligation shall be secured by a first priority Deed of Trust on the Property. The Deed of Trust shall contain such standard and commercially reasonable terms and conditions that are standard in commercial transactions within the Commonwealth of Virginia and shall be in a fora acceptable to Seller. 9. Buyer shall be responsible for payment of all application, filing and related fees to the City of Roanoke for the creation of the Property as a separate parcel from its adjoining property belonging to Seller as defined in Section 4.A.2.e above. 10. Buyer agrees that during and subsequent to to development of the Property and the Building, Buyer shall NOT: a. Construct more than one (1) accessory structure, as defined by the City of Roanoke's Zoning Ordinance as contained in Chapter 36.2 of the Roanoke City Code, on the Property; b. Make any curb cuts on Brambleton Avenue, S.W.; C. Use Fishbumn Park public access in order to access the Property, whether access is by Buyer, her contractors, guests, or invitees, except as provided in the Easement for egress and ingress; and d. Use any portion of the Fishbum Park parking facilities for use by Buyer, her contractors, guests, or invitees. Contat fm Sale (Daft 09.11.2017) DRAFT DATE, 09.11.2017 11. Buyer agrees that the Deed will include a restriction that will limit use of the Property to single family purposes as permitted by the applicable zoning district. 12. Buyer agrees that the Deed will include a restriction that the Property shall not be subdivided at any time after Closing. 13. Buyer agrees that the Deed will include a restriction that the Building shall not be, razed, demolished or removed, in whole or in part (other than removal of portions of the existing structure set forth in Buyer's Proposal), without the prior approval of Seller. 14. Buyer agrees that during and subsequent to the development of the Property and the Building, Buyer shall preserve, whether in place or re- purposed elsewhere in the structure, historic elements of the Building listed in Buyer's Proposal, to the extent possible. Prior to the issuance of the permanent certificate of occupancy for the Building, Buyer shall provide Seller with a detailed schedule of the historic elements of the Building preserved by Buyer. C. Obligations Survive Closing. 1. Buyer agrees that the conditions and obligations of Buyer under this Contract are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. These conditions and obligations of the Buyer which survive the Closing shall run with the land. Upon the written request of Buyer after satisfaction of one or more conditions or obligations by Buyer which survived the Closing, the City shall verify satisfaction of such conditions or obligations by Buyer and, upon verification, the City shall execute and deliver to Buyer a document in which the City acknowledges the satisfaction of such conditions or obligations of the Buyer which survived the Closing. Such document shall be in a form suitable for recording in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. The form of the document shall be approved by the City Attorney and shall acknowledge satisfaction of only those conditions or obligations of Buyer specifically set forth in such document and shall further provide that all other conditions and obligations of Buyer (except for those previously satisfied and acknowledged by the City in writing) remain in full force and effect. If requested by Buyer, the City shall provide a separate document following the satisfaction of each condition or obligation of the Buyer hereunder. The Buyer shall be responsible for the costs of recording each such document. 2. Seller's obligations set forth in Section 4.13 shall survive the Closing, subject to strict compliance by Buyer with respect to the conditions of Section 4.B. SECTION 5. COMPLIANCE WITH LAWS. Comwcl for sale (Draft 09.1 12017) 10 DRAFT DATE, 09.11.2017 Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. Buyer further agrees that Buyer does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. SECTION 6. ASSIGNMENT. Buyer agrees not to assign or transfer any part of this Contract without the prior written consent of Seller, which will not be unreasonably withheld, and any such assignment shall not relieve Buyer from any of its obligations under this Contract. SECTION 7. INDEMNITY. Buyer agrees to indemnify and hold harmless Seller and its officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of Buyer or its agents, employees, contractors, or representatives arising out of or connected in any way to any of the matters involved in this Contract or any performance thereunder. Buyer's indemnity obligations hereunder shall be subject to the provisions of Section 17(B)(3) of this Contract. SECTION 8. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. SECTION 9. EASEMENTS. A. Easements to be granted by Buyer to Seller. Buyer promises and agrees to grant and dedicate to Seller and/or the Western Virginia Water Authority, at any time before Substantial Completion, all reasonably necessary easements on Buyer's Property for the construction of infrastructure improvements needed for or benefiting the Property and which easements are necessary to and benefitting the development of the Project in accordance with Buyer's Proposal, Comma fm Sale (ores 09.112017) 11 DRAFT DATE: 09.11.2017 including, but not limited to, storm drainage, sanitary sewers, and/or water, all at no cost to the Seller and/or the Western Virginia Water Authority. B. Easements to be granted by Seller to Buyer. Access Easement. The Access Easement shall provide for the nonexclusive right of ingress to and egress from the Property to Brambleton Avenue, S.W., by pedestrian or vehicle, for the Buyer, its guests, invitees, and contractors, and for no other purposes. Buyer shall have no right to grant easement rights to benefit any parcel of property. Buyer shall have the right, but not the obligation, to maintain the area of the City's Parcel subject to the Access Easement to the condition that City's Parcel is in as of the Closing. Under no circumstances shall Buyer construct, erect, install, or maintain any structures, barriers, curbing, or other improvements within the area of the Access Easement. Seller reserves all rights in the City's Parcel, including the right to allow others to use portions of the Access Easement provided such uses do not prevent ingress to or egress from the Property. The Access Easement will require Buyer to maintain insurance coverages to protect the Seller, provide indemnity, and satisfy other conditions. The Access Easement shall benefit solely the Property and may not be conveyed separately from a conveyance of the Property. Grant of the Access Easement is subject to separate approval by City Council in accordance with Section 3.A.5.c. hereof. 2. Utility Easements. The Utility Easements shall provide, to the extent necessary, nonexclusive easements on the City's Parcel for the construction, installation, maintenance, repair, and replacement of utility services for water, sewer, and gas for service solely to the Property, and for no other purpose. All utility lines shall be constructed within the area of the Utility Easements and City will reserve the right to use the area of the Utility Easements for other purposes, provided such uses do not interfere with the rights granted to Buyer. The Utility Easements will require Buyer to maintain insurance coverages to protect the Seller, provide indemnity, and satisfy other conditions. The Utility Easements shall benefit solely the Property and may not be conveyed separately from a conveyance of the Property. Grant of the Utility Easements me subject to separate approval by City Council in accordance with Section 3.A.5.c. hereof. SECTION 10. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract, Seller warrants and represents that Seller will, in accordance with this Contract, convey title to the Property and Easements in an AS IS condition and subject to any items of record. B. Seller further represents and warrants with respect to the Property that: Concoct for Sale miaa 09.11.2017) 12 DRAFT DATE: 09.11.2017 1. Title. Seller has title to the Property subject to any restrictions of record. Seller is the sole owner of the Property. 2. Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of access thereto. 3. Special Taxes. Seller has no knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the Property or any part thereof. 4. Hazardous Materials. Seller makes no warranties or representations of any type regarding hazardous materials of any type. 5. No Leases. There are no leases of the Property. 6. Access. Ingress to and egress from the Property shall be provided through the Access Easement, subject to the terns of this Contract. SECTION 11. TITLE AND CLOSING. A. Title to the Property and Easements shall be conveyed by Seller to Buyer by Deed subject to the following: Ad valorem real property taxes and stormwater utility fees for the current year, not yet due and payable; 2. Those other matters of title to which Buyer has not objected to in writing; 3. Those matters reflected on the survey, if prepared by Buyer, to which Buyer has not objected to in writing, or, in the event that Buyer does not perform a survey prior to Closing, all matters that would be revealed by an accurate ground survey of the Property; 4. Easements, encumbrances, and other restrictions of record as of the date of execution of this Contract by Seller; 5. Liens and objections shown on the Title Commitment; 6. The Restrictive Performance Covenant; 7. The Restrictive Use and Development Covenant; 8. The limitations on sale of the Property set forth in Section 4(B)(8) of this Contract; Com.t fa sale IDrea o9.11.20M 13 DRAFT DATE: 09.11.2017 Other standard exceptions contained in a Title Policy as defined in Section I l(B) below; and 10. Those items and matters set forth in this Contract and that the obligations and undertakings of Buyer in this Contract shall survive Closing and be incorporated into the Deed. All of the foregoing exceptions are herein referred to collectively as the "Conditions of Title." B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue, upon payment of its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy ") insuring Buyer in the amount of the Purchase Price in respect to the Property and Easements and that title to the Property and Easements is vested in Buyer subject only to the Conditions of Title. C. Buyer and Seller shall consummate and complete the Closing of this transaction no sooner than thirty (30) days but no later than ninety (90) days after satisfaction of all conditions set forth in Section 3. Buyer shall designate the specific date on which the Closing shall occur within such period set forth above at least thirty (30) business days prior to the Closing Date. Under no circumstance shall the Closing occur later than March 1, 2018, unless Seller grants further extension periods. D. The Closing shall be at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by Buyer and Seller. On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: a) Its duly executed and acknowledged Deed conveying to Buyer the Property and Easements in accordance with the provisions of this Contract; b) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty-five (125) days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; C) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by Seller, as may reasonably be required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property and Easements; Comrem for Sale okaa 09.11.3017) 14 DRAFT DATE: 09.11.2017 d) A duly executed counterpart of a Closing Statement; and e) Any other items required to be delivered pursuant to this Contract or other items reasonably required by the Title Company and that do not include the payment of money, indemnity, or assumption of any liability or obligation. E. At Closing, real property taxes (if any), and stormwater utility fees shall be prorated with Buyer being responsible for all periods thereafter. F. Buyer shall pay for (i) the cost of all investigations of the Property and Easements including but not limited to examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if any. H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract. Buyer recognizes that Seller is selling the Property and Easements to Buyer at a discounted sales price and Buyer acknowledges and agrees that an essential element of the agreement between the City and Buyer with respect to the Project is that Buyer commences Construction Activity and achieves Substantial Completion of Construction in a timely manner. Buyer and the City acknowledge and agree that delays in the construction activity will cause damages to the City which are not capable of exact measurement. The City and Buyer agree that in the event Buyer fails to commence Construction Activity 90 days after the Closing Date, or achieve Substantial Completion of Construction 12 months after the Closing Date, and in the absence of any delays caused by events set out in Section 33 of this Contract, or any written extensions that may be granted by the City, Buyer shall pay to the City the Construction Performance Liquidated Damages in the amount equal to the sum of (i) One Hundred Dollars ($100.00); multiplied by (ii) each Day after (a) 90 days after the Closing Date and until and including the Day on which the Buyer actually commences Construction Activity; and (b) 12 months after the Closing Date and until and including the Day on which the Buyer actually achieves Substantial Completion of Construction. Buyer hereby waives any defense as to the validity of any liquidated damages stated herein on the grounds that such liquidated damages could be void as penalties or are not reasonably related to actual damages. Such liquidated damages are in addition to any other damages the City tray be entitled to recover. SECTION 13. CONDEMNATION. C..t., m. Sak (maa 09.11.2019) 15 01 Mal id OX140 MWORAf WillIo Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if, after the date hereof and prior to the Closing Date, all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no further force and effect. If no such election is made by Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 14. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if such loss is the result of acts or omissions of Buyer or Buyer's employees, agents, contractors, or representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if the Property is substantially damaged or destroyed before Closing by such casualty, then either party may cancel this Contract by giving the other party thirty (30) days written notice of such cancellation and neither party will have any further obligations to the other and Seller shall not be liable to Buyer for any failure to deliver the Property to Buyer. SECTION 15. COMMISSIONS. Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. Seller and Buyer warrant and represent that no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. Buyer agrees to indemnify Seller against and to hold it barmless from any claim, loss, cost, or expense, including, without limitation, attorneys' fees, resulting from any claim for a commission, finder's fee, or other compensation by any person or entity based upon such contacts or understandings. A. In the event Buyer shall have fully performed or tendered performance of its duties and obligations hereunder, but Seller fails to perform any of its duties or responsibilities in accordance with the terms and provisions hereof, Buyer's sole and exclusive remedy shall be an equitable suit to enforce specific performance of such duties or responsibilities. Any and all other remedies otherwise available to Buyer, at law or in equity, are hereby expressly waived by the Buyer except as otherwise specifically stated in this Contract. Comracc For sale (Draft 09.11.2017) 16 11 *19.108D7419 =12AII I IJIFA B. If Buyer fails to comply with any of the terms and conditions, or any of Buyer's obligations, of this Contract, Seller may enforce any and/or all remedies available to Seller under this Contract or by law, including, but not limited to termination of this Contract, collection of the Construction Performance Liquidated Damages pursuant to Section 12 of this Contract, and all such remedies as may be allowed by law or in equity. SECTION 17. RIGHT OF ENTRY AND INSPECTION PERIOD. A. Buyer shall have up to 120 Days following the execution of this Contract to complete Buyer's due diligence review of the Property (Inspection Period) to determine if there are any issues that would prevent the Buyer's use of the Property and to obtain all Permits and Approvals Buyer deems necessary or appropriate for the construction of the Project. By written notice, Buyer may extend the Inspection Period for an additional period of 60 Days provided Buyer is diligently presenting applications and diligently and timely making efforts, in good faith, to obtain all Permits and Approvals Buyer deems necessary or appropriate for the construction of the Project, or to satisfy itself that such Permits and Approvals will be available. Should Buyer determine during such Inspection Period that it is not satisfied with the Property or any characteristics thereof for any reason whatsoever, in Buyer's sole and absolute discretion, Buyer may terminate this Contract by notifying the Seller in writing as soon as possible, but no later than ten (10) Days after the end of such Inspection Period, of Buyer's decision to terminate the Contract. In such case, this Contract shall thereupon be terminated and of no further force and effect, unless Seller and Buyer mutually agree to modify this Contract to address any such issues. B. In connection with the Buyer's ability to conduct its due diligence review mentioned above the Seller hereby grants to Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter upon the Property at any time during the Inspection Period, upon two (2) working days prior written notice via email to the Seller, or the Seller's designee, at the following email address: Robert.Ledeer(a),RomokeVa.gov or Brian.TownsendAreanokeva.eov in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete Phase I and Phase II Environmental Assessments, or geotechnical assessments, or nondestructive engineering evaluations of the Property, and to store Buyer's property and equipment, upon the following terms and conditions: If the Buyer exceeds its rights granted under this Section or fails to obtain and maintain the insurance required by this Section 17, the Seller may immediately revoke this right of entry. 2. Buyer agrees to be responsible for any and all damages resulting from the activity or activities of Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on the Property in the exercise of the rights granted under this Section. Buyer shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section to a condition equal to that Cowan rm saie (ores 09, 111017) 17 DRAFT DATE: 09.11.2017 existing immediately prior to entry on the Property if Buyer does not purchase the Property. 3. Buyer agrees and binds itself and its successors and assigns to indemnify, keep and hold the Seller and its officers, agents, employees, volunteers, and representatives free and barmless from any and all liability, claims, causes of action, costs and damages of any type, including reasonable attorney's fees, on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Buyer in connection with this right of entry, including, but not limited to, Buyer's use of the Property in violation of any provision of this Contract, claims relating to the storage of property by Buyer on the Property, or the exercise of any right or privilege granted by or under this Section 17. In the event that any suit or proceeding shall be brought against the Seller or any of its officers, employees, agents, volunteers, or representatives, at law or in equity, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on account thereof, Buyer, upon notice given to it by the Seller or any of its officers, employees, agents, volunteers or representatives will pay all costs of defending the Seller or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the Seller or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, then Buyer will pay such settlement or judgment in full or will comply with such order or decree, pay all costs and expenses of whatsoever nature, including reasonable attorney's fees, and hold the Seller or any of its officers, employees, agents, volunteers or representatives harmless therefrom. Buyer's indemnity obligations hereunder are conditioned upon the indemnified party: (i) promptly notifying Buyer of any claim in writing; (ii) cooperating with Buyer in the defense of the claim; and (iii) granting Buyer sole control of defense or settlement of the claim at the sole cost and expense of Buyer. 4. Buyer shall, within a reasonable period of time after its receipt of any preliminary or final test results or conclusory reports and opinion statements related to the physical condition of the Property, deliver or cause to be delivered copies of same to Seller. If Seller so requests, buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Said copies shall be provided to Seller without charge. 5. Buyer shall comply with, and shall require its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and Contmt [ Sak (nrea 09.112017) 18 DRAFT DATE: 09.11.2017 consultants to comply with, all applicable federal, state, and local laws, rules, and regulations. Buyer shall obtain, and shall require its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants to obtain, prior to exercising any rights under this Section 17 and any and all permits therefore at their expense. 6. Buyer shall, at its sole expense, obtain and maintain, or have its contractors or representatives obtain and maintain, the insurance set forth below. Any required insurance shall be effective prior to the beginning of any work or other performance by Buyer under this Section 17 of this Contract. The following policies and coverages are required: (i) Commercial General Liabilitv. Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of Buyer's, contractors' or representatives' acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 per occurrence, and $2,000,000 general aggregate. (ii) Contractual Liabilitv. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering Buyer's, contractors' or representatives' statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Section 17. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the insurance company shall waive rights of subrogation against the Seller, its officers, employees, agents, volunteers and representatives. (iv) Automobile Liabilitv. The minimum limit of liability for Automobile Liability Insurance shall be $1,000,000 combined single Emit applicable to owned or non -owned vehicles used in the performance of any work under Section 17 of this Contract and shall be written on an occurrence basis. 7. The insurance coverages and =omits set forth above may be met by an umbrella liability policy following the fort 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 Comrem fn sate (a ft 09.113019) 19 DRAFT DATE: 09.11.2017 coverages required by this Section, and it is further agreed that such statement shall be made a part of the certificate of insurance famished by Buyer to the Seller. All insurance shall also meet the following requirements: Buyer shall famish Seller appropriate documentation showing the type, amount, effective dates, and date of expiration of policies; that the City of Roanoke, its officers, employees, agents, volunteers, and representatives are named as additional insureds; where waiver of subrogation is required with respect to any policy or insurance required, such waiver shall be specified; insurance coverage shall be in a form and with an insurance company approved by Seller, which approval shall not be unreasonably withheld; and any insurance company providing coverage shall be authorized to do business in the Commonwealth of Virginia. Buyer shall provide the City's Risk Manager with not less than thirty (30) Days advance notice of cancellation or material alteration of any of the above required insurance coverage. SECTION 18. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: City of Roanoke, ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Telephone No. 540- 853 -2333 Fax No. 540- 853 -1138 With a Copy to: City of Roanoke Department of Economic Development ATTN: Economic Development Director 117 Church Avenue, S.W. Roanoke, VA 24011 Telephone No. 540- 853 -2715 Fax No. 540- 853 -1213 If to Buyer: Lora J. Katz 225 23rd Street, S.W, #303 Roanoke, VA 24014 Telephone: 540 -597 -8223 Connaet Fr Sale (@ea (NA 1.2017) 20 DRAFT DATE: 09.11.2017 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 19. TIME. Time is of the essence in the performance of the parties' respective obligations in this Contract. SECTION 20. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. SECTION 21. COUNTERPART COPIES. This Contract may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that all of the parties are not signatories to the same counterpart. SECTION 22. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 23. SEVERABILITY AND SURVIVAL. If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect The parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF THIS CONTRACT SHALL SURVIVE CLOSING. SECTION 24. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. SECTION 25. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the parties represent and warrant they we duly authorized to execute this Contract on behalf of their respective entity. Corn ®G for Sale (Draft 09.11.2017) 21 DRAFT DATE: 09.11.2017 SECTION 26. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the non - defaulting party from requiring the defaulting party to comply with all the terns and conditions of this Contract and does not but the non-defaulting party from asserting any and all rights and/or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 27. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.4343.1. be advised that the City does not discriminate aeainst faith -based organizations. SECTION 28. CONFLICT BETWEEN PLANS AND CONTRACT TERMS. Seller and Buyer agree that the provisions of the Plans and other documents provided by Buyer to Seller are intended to be consistent with the terms of this Contract. However, if any of Buyer - supplied documents and/or the Plans are in conflict with the terms of this Contract, the parties agree that the terms of this Contract shall control, unless the parties mutually agree otherwise in a writing signed by both parties. SECTION 29. NONDISCRIMINATION. During the performance of this Contract, Buyer agrees as follows: A. Buyer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Buyer. Buyer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. Buyer in all solicitations or advertisements for employees placed by or on behalf of Buyer will state that Buyer is an equal opportunity employer. C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. D. Buyer will include the provisions of the foregoing in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. SECTION 30. DRUG -FREE WORKPLACE. Contmt fm Sale ohaa 09.11.2017) 22 DRAFT DATE: 09.11.2017 During the performance of this Contract, Buyer agrees to (i) provide a drug -free workplace for Buyer'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 Buyer that Buyer 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. Buyer shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Buyer shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Contract. Seller may void the Contract if Buyer fails to remain in compliance with the provisions of this section. SECTION 32. APPROPRIATION OF FUNDS. All obligations or fundings undertaken by Seller in connection with this Contract are subject to the availability of funds and the appropriation of such funds by City Council as may be necessary for such obligations or funding. If any such funding is not approved, withdrawn, or otherwise not made available for this Contract, with the result that Seller is unable to perform its obligations under this Contract, Seller shall provide Buyer with written notice of such unavailability of funding. SECTION 33. FORCE MAJEURE. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Contract if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of common enemy, the elements, Correa fb Sale (Draft 09,11.20 17) 23 DRAFT DATE: 09.11.2017 earthquakes, floods, fires, epidemics, riots, strikes, failures or delay in transportation or communication, shortages of material, approval delays or any act or failure to act by the other party or such other party's employees, agents or contractors; provided, however, that lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The Parties shall promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Agreement. For purposes of this Contract, any one (I) delay caused by any such occurrence shall not be deemed to last longer than four (4) months and the party claiming delay caused by any and all such occurrences shall give the other party written notice of the same within 30 days after the date such claiming party learns of or reasonably should have known of such occurrence. Notwithstanding anything else set forth above, after a total of six (6) months of delays of any type have been claimed by a party as being subject to force majeure, no further delays or claims of any type shall be claimed by such party as being subject to force majeure and/or being an excusable delay. SECTION 34. ENTIRE CONTRACT. This Contract, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda, or contracts are replaced in total by this Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the appropriate parties. SIGNATURE PAGE TO FOLLOW Contract for Sale (Draft 09,1 1.2017) 24 DRAFT DATE: 09.11.2017 IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk Robert S. Cowell, Jr., City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this _day of 2017, by Robert S. Cowell, Jr., City Manager for the City of Roanoke, Virginia, a Virginia Municipal Corporation, for and on behalf of said municipal corporation. My commission expires: Notary Public WITNESS /ATTEST: Lora J. Katz COMMONWEALTH OF VIRGINIA ' To -Wit: CITY OF SEAL The foregoing instrument was acknowledged before me this _day of 2017, by Lora J. Katz. My commission expires: Notary Public SEAL Coetmi fw Sale (Draft 09.11,2017) 25 DRAFT DATE: 09.11.2017 Approved as to Form: Approved as to Execution: Assistant City Attorney Authorized by Ordinance No. Assistant City Attorney Convect for sale (Draft 09.11.2017) 26 DRAFT DATE: 09.11.2017 Contract for Purchase and Sale of Real Property dated , 2017, by and between City of Roanoke, Virginia, and Lom J. Katz. 10.40111,30A DESCRIPTION OF CITY'S PARCEL Roanoke Official Tax May No. 1470301 BEGINNING at a double white oak on the southeasterly side of Mmray's Run and corner to the lands of W. H. Hart; thence with the line of same S. 75 deg. 37' 00" W. 209.30 feet to a concrete monument; thence leaving the line of W. H. Hart N. 1 l deg. 20' 00" E. 458.20 feet to a concrete monument; thence N. 49 deg. 51' 00" W. 295.1 feet to a concrete monument on the south side of Creston Avenue, according to the map of the Weaver Heights Corporation subdivision, known as Grandin Court Annex, made by William Bradford, August 1", 1923, and revised according to the Map of land Acquired for Park Purposed Adjoining the City of Roanoke ALMS House Farm on the West Side, dated December 12, 1924, on file in the Office of the City Engineer, Roanoke, Virginia; thence N. 66 deg. 32' 00" W. 41.7 feet to a concrete monument on the north side of Creston Avenue and corner to Lot 11, Section 25, above mentioned map; thence with the east line of Lot 11, Section 25, N. 49 deg. 51' 00" W. 186.0 feet to a concrete monument on the comer of Lot 7, Section 23; thence with the east line of Lot 7, Section 23, crossing Sweetbrier Avenue and continuing along the east line of Lot 8, Section 21, N. 31 deg. 55' 00" W. 427.00 feet to a concrete monument at the comer of Lot 4, Section 2l; thence with the east line of Lot 4, Section 21, N. 18 deg. 42' 00" W. 139.00 feet to a concrete monument on the south side of Greenbrier Avenue; thence with the south side of Greenbrier Avenue N. 71 deg. 18' 00" E. 574.88 feet to an iron pipe in the line of the property of Ernest B. Fishbum; thence with the line of the property of Ernest B. Fishbum S. 37 deg. 59' 00" E. 733.2 feet to an iron pipe on the northwesterly side of Murray's Run; thence S. 12 deg, 03' 00" W. leaving the line of Ernest B. Fishbum and passing at 511.5 feet a comer of the City of Roanoke Almahouse Farm — a total distance of 848.82 feet to a double white oak, the place of BEGINNING, and containing 15.502 acres. All bearings refer to the meridian of the official survey. (To correct for meridian used by Weaver Heights Corporation subdivision known as Grandin Court Annex made by Wm. Bradford, dated August 1, 1923, add 3 deg. 47' in N.E. and S.W. and subtract 3 deg. 47' in N.W. and S.E.) See plan 1546 on file in Office of City Engineer, Roanoke, Virginia; and BEING the same property conveyed to the City of Roanoke, Virginia by deed dated January 2, 1925 from Weaver Heights Corporation, of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Deed Book 141, Page 401. Contract for Sale (Draft 09.11 2017) 27 DRAFT DATE, 09.11.2017 Contract for Purchase and Sale of Real Property dated 2017, by and between City of Roanoke, Virginia, and Lora J. Katz. EXHIBIT 1 -A MAP Contract for Sale (Draft 09.11.2017) 28 DRAFT DATE: 09.11.2017 Contract for Purchase and Sale of Real Property dated , 2017, by and between City of Roanoke, Virginia, and Lora J. Katz. EXHIBIT 2 BUYER'S PROPOSAL Cammtr Saie (maa 09.11.3017) 29 ROANOKE CITY OF ROANOKE ECONOMIC DEVELOPMENT DEPARTMENT SURPLUS PROPERTY SALE PROPOSAL PROPERTY ADDRESS: 2424 Brambleton Ave.. SW. TAX NUMBER(s): 147703301 ! DATE: A- 1 1 .114 APPLICANT /CONTACT PERSON: LORA J. 'WIZ FULL NAME (As to be stated on Deed): LORA L Kr4TZ HOME ADDRESS lor) PRINCIPAL OFFICE: 225 23 RD " SIB *303 (Physical addresses only. No Post Office Boxes) CITY: LsUFWOiCf STATE: VA. ZIP: 94014 DAYTIME PHONE: 554)-5 7-9W D CORPORATION WINDIVIDUAL(S) D LIMITED PARTNERSHIP D JOINTTENANTS D LIMITED LIABILITY COMPANY D TENANTS IN COMMON D PARTNERSHIP D SOLE PROPRIETORSHIP TOTAL BID AMOUNT. (Must be expressed in whole dollar amounts) T£N10,0D PROPOSED USE. (Please include additional pages, If necessary): SIN 4LE 4iw]L , Rcgq'uCr� I hereby certify that I have been provided with and have read the announcement of sale for the above-referenced property and submit this proposal in accordance with all p avisions of th said a ouncement. Signature Lora J Katz, AIA ARCHITECTURE I INTERIOR DESIGN April 17, 2017 Mr. Rob Ledger, Manager, Department of Economic Development 117 Church Avenue, SW Roanoke, VA 24011 RE: 2424 Bambleton Ave. SW Tax no: 1470301 Dear Mr. Ledger, Attached is my proposal for the caretaker's cottage located in Fishbum Park. I hope that it meets with your objectives for preserving this architectural gem. Proposal Elements: I. The concept plan is attached. My goal for this property is to restore the caretaker's cottage and to live in it. Since I was a child this building has been one of my favorites and to think that now I have the opportunity to restore it and to live in it is exciting. The only other structure proposed on the property would come later and is shown on the concept plan as a future small garage and would be located close to Clifford Street, which would be the new access point. A walkway garden path would then be added to connect the parking area to the house entrance. Drawings and bidding would begin within 30 days of approval and construction would begin in approximately 90 days with a maximum one year total project completion timeline. 2. The areaker's cottage will become my new caretaker's cottage, to serve as a beacon of the past with a view toward the future. I hope the neighbors will feel free to access the park down my new path and I plan on extending the walkway path past my porch entry to allow them to access the park without crossing the grass. Modern systems will be added, but the house will remain intact and restored. The front porch will be retained, but it is falling apart and the foundation will need to be rebuilt. The inside walls will be stripped to the studs to add modern electrical wiring and insulation in the walls and the second floor ceiling. Historical elements on the interior, such as the original fireplace mantels and hearths will be restored. A new kitchen will be added as well as a new bathroom and laundry space. On the exterior, the foundation will be restored, the electrical panel box and meter will be relocated away from the front door and either the original windows will be restored or new insulated windows will be added to match the original style. The hardwood floors seem to be intact and will be refinished on both levels. Of course the house will be repainted inside and out. 3. 1 am an architect that was born and raised in Roanoke. Currently, I have my own firm and will use my expertise to make sure that this home retains its original character. l have always believed in serving the community and have been on the ARB and currently serve on the Planning Commission. I want to make everyone in the community proud of this house again and know that I can get this accomplished through exterior restoration and interior renovation. To LJK AWA(COY, NET 'ST .N Sao -swam Lora J Katz, AIA ARCHITECTURE / INTERIOR DESIGN June 6, 2017 Mr. Rob Ledger, Manager, Department of Economic Development 117 Church Avenue, SW Roanoke, VA 24011 RE: 2424 Brambleton Ave. SW Tax no: 1470301 Dear Mr. Ledger, Attached is my proposal for the caretakers cottage located in Fishburn Park I hope that it meets with your objectives for preserving this architectural gem. Proposal Elements: The concept plan is attached. My goal for this property is to restore the caretaker's cottage and to live in it. Since I was a child this building has been one of my favorites and to think that now I have the opportunity to restore it and to live in it is exciting. The only other structure proposed on the property would come later and is shown on the concept plan as a future small garage and would be located close to Clifford Street, which would be the new access point. A walkway garden path would then be added to connect the parking area to the house entrance. Drawings and bidding would begin within 30 days of approval and construction would begin in approximately 90 days with a maximum one year total project completion timeline. The caretaker's cottage will become my new caretaker's cottage, to serve as a beacon of the past with a view toward the future. I hope the neighbors will feel free to access the park down my new path and I plan on extending the walkway path past my porch entry to allow them to access the park without crossing the grass. Modern systems will be added, but the house will remain intact and restored. The front porch will be retained, but it is falling apart and the foundation will need to be rebuilt. The inside walls will be stripped to the studs to add modern electrical wiring and insulation in the walls and the second floor ceiling. Historical elements on the interior, such as the original fireplace mantels and hearths will be restored. A new kitchen will be added as well as a new bathroom and laundry space. On the exterior, the foundation will be restored, the electrical panel box and meter will be relocated away from the front door and either the original windows will be restored or new insulated windows will be added to match the original style. The hardwood floors seem to be intact and will be refinished on both levels. Of course the house will be repainted inside and out I am an architect that was born and raised in Roanoke. Currently, I have my own firm and will use my expertise to make sure that this home retains its original character. I have always believed in serving the community and have been on the ARB and currently serve on the Planning Commission. I want to make everyone in the community proud of this house again and know that I can get this accomplished through exterior restoration and interior renovation. To tIKAIA&COX. NET 22523 ' STREET SN/ -303 54Q 597-R2?; ROANOKE VA 24014 Lora J Katz, AIA ARCHITECTURE / INTERIOR DESIGN make sure that this remains the single home in the park a conservation easement or other legal building restrictions will be set to protect the parkland in perpetuity. I would like for the property to connect to Clifford in order to keep my car further away from the cottage and enter the site at that location, but if the city would prefer to grant an easement to the cottage through the current park entrance and access drive, then a smaller lot surrounding the house would certainly be acceptable. If this option is selected, then a small defined parking spot would be provided. The cottage is approximately I000sf on the main level and 600sf upstairs. A construction analysis has been completed and it will cost approximately $150,000 to fully renovate this cottage. I plan on using savings and a line of credit to start the process then will sell my current home and use the equity and a small bank loan to fund the remainder of the renovation. The cost includes the following breakdown: HVAC $10,000. Electrical $7500. Plumbing $7500. Kitchen $25,000. Bathroom $10,000. Porch $5000. Structural Reinforcement $10,000. Hardwood Floors $5000. Painting $5000. Driveway and Walking Path $10,000. Lighting and Hardware $5000. Insulation, GWB and Trim $10,000. Windows and shutters $15,000. Selective Demolition $10,000. Contingency $15,000. Total $ 150.000. 5. 1 would like to offer $10 ten dollars for this property. The purchase is contingent on rezoning approval. Thank you for your consideration. I look forward to hearing from you. LIKAIA[.COX NET 22523 "STREET SW 4303 YI]3Y)8M ROANOKE VA 24014 Lora J Katz, AIA ARCHITECTURE I INTERIOR DESIGN August 30, 2017 Mr. Rob Ledger, Manager, Department of Economic Development 117 Church Avenue, SW Roanoke, VA 24011 RE: 2424 Brambleton Ave. SW Tax no: 1470301 Dear Mr. Ledger, After comments from the public during the City Council meeting, I would like to amend my current proposal as follows. A conservation easement will do little more than deed restrictions, however, an easement would cost a considerable amount to put into place and would require yearly management fees and inspections paid to a third party. In lieu of the easement, I would like to agree to a deed restriction that the house cannot be razed without the prior consent of the seller. I certainly do not intend to raze the house, but this could come up many years after I am gone and will protect the property until it is proven to require this extent of demolition. In addition to the deed restriction, I will voluntarily preserve, whether in place or re- purposed elsewhere in the structure, the following historic elements of the home to the extent possible. These elements include the log structure, portions of the timber frame, both hand -made brick chimneys, exterior siding, interior chair rail, baseboard and window trim, as well as the wide plank wood flooring, upstairs ceiling shiplap paneling and vertical hand - planed wood paneling. There is one historic mantel remaining that would also be preserved. A smaller piece of property is possible and I am in favor of transferring less land with the house sale. The new boundary lines would create a square lot that fronts Brambleton Avenue and would be approximately .65 acres. The entry to access the home would require an easement through the existing Fishbum Park entry and would avoid Clifford Street An additional easement may be required for water, sewer, electrical and gas lines, depending upon the existing main line locations and access. I appreciate your assistance and thank you for all your help during this process. MOM LJKAIA @COX.NET . i.il 4+0.59]8221 ROANOKE VALLEYPRESERVATION FOUNDATION P.O. Box 1366 Roanoke, Virginia 24007 September 14, 2017 Dear Mayor and Members of City Council The mission of the Roanoke Valley Preservation Foundation (RVPF) is to promote the preservation of the historic, cultural, and natural resources of the Roanoke Valley. As City Council seeks a solution to the challenges presented by city -owned historic structures, the Foundation's primary concern is the preservation of these buildings and the history they represent. As stated before, our preference would be that the City retains ownership of its historic buildings for public use. However, we recognize that private ownership may ultimately be better for the preservation of the Fishburn Cottage, The Foundation was also concerned about the amount of public parkland originally proposed to be sold. We now understand that the city has reduced the amount of public parkland to be sold to the applicant from 1.4 acres to .65 acres. We believe that this allows for the cohesive occupation of this vacant building while maintaining the idyllic view sheds of the parkland for public use. Furthermore, we appreciate the efforts of Rob Ledger with the City's Economic Development Department for working diligently with the applicant and with the Virginia Department of Historic Resources in advocating for its best use and protection. In particular, we are encouraged with the inclusion of deed restrictions of its interior character - defining architectural features as agreed upon by the applicant and the Department of Historic Resources (DHR). We encourage you to consider adding preservation casements to other city -owned historic properties you plan to divest of in the future. We also encourage the City to form an advisory panel so that organizations, such as the RVPF and DHR, could serve as a resource for the City and provide guidance on the best treatment and long -term preservation of these historic properties. Finally, the RVPF request the City to install an interpretive marker in Fishbum Park to illustrate the history of the park and cottage. We will support this effort by providing assistance with the research and content for the interpretive marker. 'Thank you for considering the concerns of the RVPF as we advocate for the preservation of the nearly 200 -year old Fishburn Park Cottage. We welcome the opportunity to serve as a resource to the City in the responsible stewardship of its historic, natural, and cultural resources. Sincerely, The Roanoke Valley Preservation Foundation Board of Trustees Page 1 of 2 2.7 Fishbum Park Duane Howard lo: Stephanie.moon 09/18/2017 06:18 PM Hide Details From: Duane Howard <starcityflyer @aoLcom> To: Stephanie.moongroanokeva.gov, Dear Mayor and Members of City Council: (I apolgize for the all caps, it was written for me to read before you this evening, but I "m not feeling well THERE WERE TWO EXCELLENT LETTERS TO THE EDITOR IN YESTERDAY'S PAPER HOPE YOU SAW AND READ THEM. MR. GLEN REINHART SUMMED IT UP BEST WHEN HE WROTE "ROANOKE CITY COUNCIL MUST REJECT LORA KATZ'S PROPSAL ON THE GROUNDS OF CONFLICT OF INTEREST IN ORDER TO MAINTAIN TRUST IN OUR GOVERNMENT" THE PLANNING COMMISSION, WHICH MS. KATZ SERVES ON IS PART OF OUR GOVT WHICH IS APPOINTED BY CITY COUNCIL. OVER THE DECADES THEIR DECISIONS HAVE OFTEN RAISED QUESTIONS OF, WHO'S INTEREST ARE THEY REALLY SERVING? HOW COULD THERE EVER BE ANY TRUST IN THEM IN THE FUTURE, WERE THEY TO SUPPORT FELLOW MEMBER ON SUCH A CONTROVERSIAL ISSUE AS THIS ? WHY WOULD ANY MEMBER OF ANY CITIZENS COMMITTEE APPOINTED BY CITY COUNCIL PUT THEIR OWN PERSONAL GOAL OVER AN ISSUE THAT IS SO WIDELY OPPOSED BY NEIGHBORS AND CITIZENS OF ROANOKE.? THAT SHE WOULD DO THIS WOULD MAKE ANY FUTURE VOTE BY HER ON THE PLANNING COMMISION QUESTIONABLE. IF SHE PERSISTS, THEN AT THE VERY LEAST SHE SHOULD RESIGN HER POSITION ON THE PLANNING COMMISSION. THIS ISSUE, WOULD STILL BE CONTROVERSIAL EVEN IF IT WERE MR, JOHN DOE WHO WANTED TO BUY THIS PROPERTY, BUT FAR LESS SO.. MAYOR LEA, MS. DYKSTRA AND VICE MAYOR PRICE, LAST YEAR AS YOU ALL RAN AND SOUGHT AND RECEIVED THE FAITH AND TRUST OF THE CITIZENS OF ROANOKE, YOU HAVE AN OBLIGATION TO RETAIN OUR FAITH AND TRUST IN GOOD GOVERNMENT, IF YOU SUPPORT THIS PROPOSAL YOU WILL CONTINUE TO SUPPORT THE BELIEF OF FAR TOO MANY CITIZENS WHO file: / / /C:/ Users /CKSMI /AppData/Local /Temp /notesC7AO56 /— web1014.htm 9/18/2017 Page 2 of 2 HAVE LITTLE TO NO TRUST IN OUR CITY GOVERNMENT. HELP RESTORE THAT TRUST AND FAITH BY SIMPLY VOTING NO. E. Duane Howard file: / / /C:/ Users / CKSMI /AppData/Local /Temp /notesC7A056/—webl014.htm 9/18/2017 CITY OF ROANOKE dZ OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Roam 456 Roanoke, Virginia 24011 -1536 1 elephant: (540) 853 -2541 Fax: (540)853 -1145 E -mail: alerkuarpenaka'e.,, CECELIA F. MCCOY STEPHANIE M. MOON REYNOLDS, MMC Deputy City Clerk Cit_v Clerk CECELI.A T. IN EBB, CNIC Assistant Deputy City Clerk August 25, 2017 Sherman M. Stovall Acting City Manager Roanoke, Virginia Dear Mr. Stovall: A public hearing was conducted by the Council of the City of Roanoke on Monday, August 21, 2017, with regard to a proposed Contract for Purchase and Sale of Real Property between the City of Roanoke and Lora J. Katz wherein the City proposes to sell to Ms. Katz certain real property located at 2424 Brambleton Avenue, S. W., consisting of approximately 1.4 acres of a portion of City -owned property, together with the Building situated thereon, designated as Official Tax Map No. 1470301, for the sum of $10.00, together with other consideration and performance of other obligations by Ms. Katz. The public hearing was postponed until the September18, 2017 Council meeting at 7:00 p.m., or as soon thereafter as the matter may be heard. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk PC: Daniel J. Callaghan, City Attorney Wayne Bowers, Economic Development Director Michael Clark, Parks and Recreation Director DRAFT DATE: 09_11.44.2017 CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property (Contract) is dated Aug September. 2017, by and between the City of Roanoke, Virginia, a Virginia municipal corporation ( "Seller" or "City"), and Lora J. Katz, an individual ( "Buyer"). RECITALS: WHEREAS, Seller is the owner in fee simple of certain real property located at 2424 Brambleton Avenue, S.W., Roanoke, Virginia 24015, Official Tax Map No. 1470301, containing approximately 15.2176 acres, together with all improvements thereon, as shown and described more particularly in the attached Exhibit 1 ("City's Parcel "); WHEREAS, Seller is desirous of selling a portion of the City's Parcel not to exceed 1-00.75 acres, together with improvements thereon, including the caretaker's house ('Building "), and Easements all as depicted on the attached sketeh- planman attached hereto as Exhibit 1 -A ( "Property") to Buyer and Buyer is desirous of acquiring such Property including the Building and Easements in order to restore the Building and use it for a single family residence in accordance with Buyer's proposal dated April 14, 2017, revised June 6, 2017, and revised 3uae 6Aueust 30, 2017, together with such supplements, additions, and amendments that Buyer shall make prior to closing and shall be attached hereto ( "Proposal "); WHEREAS, the Building located on the City's Parcel is currently vacant and in disrepair, the Building has an assessed value of $74,400, and Seller will sell the Property, including the Building, to Buyer for a price less than the assessed value provided Buyer fully complies with all terms and conditions as set forth in this Contract and, if Buyer fails to comply with such terms and conditions, Buyer shall be liable to Seller for remedies set forth hereinafter or for such other remedies available to Seller as set forth in this Contract or by law; and WHEREAS, the City desires that renovation and development of the Building and the Property in accordance with the Proposal ( "Project ") proceed. THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth in this Contract including the Recitals above, which Recitals are incorporated herein and made a part of this Contract and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, Seller and Buyer hereby agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires, for the purpose of this Contract, the following terms shall have the meanings set forth in this Section: Building: An approximately 1,080 square foot facility currently located on the City's Parcel and which will become a part of the Property, in its current condition. Conwcc for Sale (8 Dra�R0.OA.2o1'i) DRAFT DATE: 09_11.442017 Buyer's Proposal or Proposal: Buyer's Proposal refers to the Buyer's planned subdivision of the City's Parcel to establish the Property as a separate parcel, and the — renovation of the Building on the Property for residential use, as set forth in a document entitled "Department Surplus Property Sale Proposal," dated April 14, 2017 -, revised June 6, 2017, and revised June 6August 30, 2017, prepared by Lora J. Katz, a copy of which is made a part hereof and marked as Exhibit 2, together with such supplements, additions, and amendments thereto that Buyer shall make to provide additional details with respect to the Project. Such supplements, additions, and amendments shall be attached to this Contract prior to Closing and shall be a part of this Contract. City's Parcel: A certain parcel of land located at 2424 Bmmbleton Avenue, S.W., Roanoke, Virginia 24015, Official Tax Map No. 1470301, containing approximately 15.2176 acres, together with all improvements thereon. The City's Parcel was conveyed to Seller by deed dated January 2, 1925, from Weaver Heights Corporation recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke, Virginia in Deed Book 141, Page 401. The City's Parcel is more particularly described in Exhibit 1 attached hereto and made a part hereof. Closing: The consummation of this Contract by Seller's delivery of a Special Warranty Deed to the Property and Easements to Buyer. Closing Date: The date provided for in Section 11 hereof for the Closing. Construction Activity: The receipt of all Permits and Approvals and the initiation of site work on the Property by Buyer. Construction Performance Liguidated Damages: The amount equal to One Hundred dollars ($100.00) multiplied by the number of Days after (i) 90 days after the Closing Date and until and including the Day on which the Buyer actually commences Construction Activity; or (ii) 12 months after the Closing Date, and until and including the Day on which the Buyer actually achieves Substantial Completion of Construction. Commencement Date: The date on which Buyer certifies in writing to Seller that Buyer has commenced Construction Activity to the reasonable satisfaction of Seller, which date shall be no later than 90 days after the Closing Date. Contemplated Use: The development of the Property by Buyer solely for the purpose of residential use, Substantially Completed not later than 12 months after the Closing Date. Days: Unless otherwise stated, this term means consecutive calendar days. Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, this Contract, the Restricted Covenant, and as set forth in the Title Commitment. The Deed shall also be subject to all obligations of Buyer under the terms of this Contract. The Deed shall also include a grant of the Easements. C.Mt for S.I.(B Qlae R0�083017) r DRAFT DATE: 09_11.+42017 Easements: All necessary easements to enable the Buyer to develop the Property solely for the purpose of residential use, including an access ingress /egress easement, water and sewer easements which easements shall be determined and agreed upon by Buyer and Seller during the Inspection Period, as defined below, as the same may be extended. Unless otherwise permitted by law, such Easements shall have a duration of 40 years from the date on which such Easements are granted. The Easements shall be appurtenant to the Property, solely for the benefit of the Property, and cannot be transferred separate from the Property. Governmental Authority: Governmental Authority means the United States of America, the Commonwealth of Virginia, any other state of the United States, the City, any Federal, state, regional, or local body, commission, or agency having jurisdiction with respect to the constriction, development, occupancy, use, and operation of the building as contemplated in the Project. Permits and Approvals: All permits, approvals, consents, and authorizations issued by a Governmental Authority that are required for the construction, and use of the building as contemplated in the Project, all such permits, approvals, consents, and authorization having been finally issued and subject to no condition unacceptable to Buyer and subject to no appeal. Plans or Plan: These terms mean the design plans and/or drawings and/or other documents as approved by the City of Roanoke Department of Planning, Building and Development. Project: This term means and includes the renovation of an approximately 1,080 square foot facility, to be developed by Buyer in accordance with the Proposal, as well as any related and/or connected work that may be required and/or done on any part of the Property in addition to the Building, all in accordance with the terms and provisions of this Contract. Property: A portion of the City's Parcel, not to exceed 440.75 acres, together with the Building, as depicted on the sketeh-planmap attached hereto as Exhibit I -A. The Property is subject to all liens, encumbrances, easements, and restrictions of record. Buyer shall be responsible, at its sole cost and expense to prepare and record a subdivision plat to subdivide the City's Parcel into two lots, one such lot being the Property to be sold to Buyer pursuant to this Contract and the remaining parcel to be retained by Seller. Purchase Price: The sum of $10.00 to be paid by Buyer for the acquisition of the Property and Easements from Seller. Restrictive Performance Covenant: The restrictions in the Deed that require Buyer to (i) commence Construction Activity by 90 days after the Closing Date; (ii) invest a minimum of $135,000 in building construction and equipment; and (iii) achieve Substantial Completion of Construction by 12 months after the Closing Date. Restrictive Use and Development Covenant: The restrictions in the Deed that are set forth in Sections 4(B)(10), (11), 1( 21. and (+213) of this Contract. Coowu for Sale (0 Drea 0908.2019) I ' % DRAFT DATE: 09_11 A4,2017 Conformance: Development of the Property by Buyer in accordance with the Contemplated Use and Plans and where a final certificate of occupancy has been issued to Buyer from the City of Roanoke Department of Planning Building and Development for the Building, as set forth in the Plans. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company. Title Company: Any nationally recognized title insurance company acceptable to Buyer. SECTION 2. PURCHASE AND SALE OF PROPERTY. A. Seller agrees to sell the Property and Easements to Buyer, and Buyer agrees to purchase, the Property and Easements from Seller, upon all the terms, covenants, and conditions set forth in this Contract. B. The purchase price for the Property and Easements ("Purchase Price ") shall be Ten Dollars ($10.00) payable in cash or certified check from Buyer to Seller at Closing, together with the other obligations of Buyer as set fort[ in this Contract. SECTION 3. CONDITIONS PRIOR TO CLOSING. A. 1. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, Seller, as of the Closing, shall have complied with Seller's representations and warranties in Section 10 of this Contract, the fulfillment to Buyer's reasonable satisfaction of Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 11, Buyer shall have obtained all Permits and Approvals, and Buyer shall be satisfied with the results of its due diligence and inspections undertaken pursuant to Section 17. 2. As a condition precedent to Seller's obligation to sell the Property and Easements or otherwise to perform any obligations provided for in this Contract, Buyer, as of the Closing, shall have complied with Buyer's obligations, representations, and warranties in this Contract. 3. As a condition precedent to Seller's obligation to sell the Property or otherwise to perform any obligations provided for in this Contract, City Council shall release Seller's right to maintain and operate Fishbum Park at the Property. Upon completion of inspections and due diligence by Buyer as provided in Section 17 of this Contract and notification from Buyer that Buyer intends to proceed, Seller shall initiate appropriate proceedings as required by applicable laws of the Commonwealth of Virginia and ordinances of the City to request City Council to consider the release of Seller's right to operate Fishbum Park at the Property. Coneact for Sae (8 fl09.08.2017) N DRAFT DATE: 09.11.44-.2017 4. Thirty (30) Days prior to the proposed Closing Date, Buyer will provide to Seller, to the Seller's sole satisfaction, written confirmation and documentation of Buyer's obtaining financial commitments from a recognized financial institution authorized to conduct business in the Commonwealth of Virginia in the form of a loan commitment, with only customary commercial conditions and/or written evidence of cash in -hand, subject to no restrictions or limitation on the use of such funds for the Project, sufficient to undertake the initial renovation of the Building in accordance with the Contemplated Use of the Property, such loan commitments and cash in -hand, in the aggregate, shall not be less than $135,000. 5. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, and following the (1) expiration of the Inspection Period pursuant to Section 17; and (2) City Council releasing Seller's right to maintain and operate Fishbum Park at the Property pursuant to Section 3.A.3: a. Buyer will undertake and complete a Boundary Survey and Subdivision Plat of the Property, at its sole cost and expense, such Survey and Subdivision Plat shall be subject to prior approval of Seller before Buyer submits the Subdivision Plat to the City's Planning, Building and Development Department. Seller's approval hereunder shall not be unreasonably withheld and such approval shall not be deemed to be approval for any regulatory purpose. b. Buyer shall apply for and receive approval from the City of Roanoke for rezoning the Property to Residential Single - Family District (R -12). The City agrees to promptly execute any forms and applications related thereto that Buyer reasonably requests, provided, however, that the burden of obtaining such approval shall be home by Buyer. The City shall cooperate with Buyer in pursuing the foregoing approval. Buyer shall be responsible for payment of all application, filing, and related fees to the City of Roanoke for rezoning of the Property. approval shall not be unreasonably withheld. d City Council shall apnrove the grant of the Easements. Upon approval by Seller as provided in Section 3.A.5.c of this Contract. Seller shall initiate C.n for Sale(B PmkG9 Q."17) DRAFT DATE: 09_11.44:2017 appropriate proceedings as required by applicable laws of the Commonwealth of Virginia and ordinances of the City to request City Council to consider the grant of the Easements. B. Buyer and/or Seller may, at any time on or before the Closing Date, at its respective election, waive in writing any of the other party's conditions precedent referenced in this Section 3, and Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all such conditions precedent. C. In the event that the Closing has not occurred through no fault of Seller on or before the Closing Date, Seller, by written notice given to Buyer, shall provide Buyer with a ten (10) Day cure period from the Closing Date in which to deliver the Purchase Price and proceed with Closing. If Closing has not occurred within such additional time period through no fault of Seller, this Contract shall automatically be terminated without any further action. In the event of any termination as set forth above, this Contract shall be deemed terminated and of no further force and effect. D. Upon the request of Seller, Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so requests, Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. Neither Buyer nor the provider of the report makes any representations or warranties to Seller about such reports or opinions and Seller may not rely on such information. E. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times comply with all applicable federal, state, and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under this Section 3, shall obtain, at their cost, any and all Permits and Approvals for such work. SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS. A. Obligations at Closing. I. Seller's Obligations. At the Closing, Seller agrees to sell to Buyer the Property and Easements and deliver the Deed to Buyer in accordance with the terms of this Contract. 2. Buyer's Obligations. Buyer agrees and promises that it will do and/or has done the following at Closing: C. tk, SMl (06JQIr 80908.2017) N DRAFT DATE: 09.11.442017 a. Buyer will purchase the Property from Seller for the Purchase Price of Ten Dollars ($10.00) and will make payment in accordance with the terms of this Contract. b. Buyer accepts the Property in an "AS IS" condition and acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract. Buyer agrees that Buyer is taking the Property and Easements, including the Building and Improvements, without any warranties or representations from Seller and that Buyer has had sufficient opportunities to fully examine the Property, including the Building, and that Buyer shall comply with all environmental and other laws in developing the Property. C. Buyer shall promptly pay for all advertising costs and any related fees or costs connected with this Contract and/or the sale of the Property and Easements, including, but not limited to costs for any advertisement of required public hearing(s). Such payment shall be made directly to the entity providing the advertising or other service, or to the City, as the City may direct. d. Buyer agrees that the conditions and obligations of Buyer under this Contract are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. e. Buyer and Seller agree to determine the value of the Property, as subdivided, and Building, and shall certify the value at Closing. B. Post - Closing Performance Obligations of Buyer. Buyer acknowledges and agrees that a part of the consideration for the Seller is the Buyer's commitment to develop the Project in accordance with Buyer's Proposal and the performance of this commitment. Buyer agrees to perform each of the following obligations in accordance with the terms and conditions set forth in this Contract. 1. Buyer will develop the Property in accordance with Buyer's Proposal and Plans and invest a minimum of $135,000 in building construction and equipment at the Property in connection with the renovation of the Building ( "Minimum Investment "). The Minimum Investment shall not include the amount of the Purchase Price. Completion of this development shall be pursued diligently and timely by Buyer and Buyer shall be solely responsible for satisfying its obligations hereunder subject to delays caused by events set out in Section 33 of this Contract. TIME SHALL BE OF THE ESSENCE WITH RESPECT TO EACH AND EVERY OBLIGATION OF BUYER HEREUNDER, Comrect for Sale (0630D ft 09.08.2017) DRAFT DATE: 09.11.14-.2017 2. Buyer shall commence Construction Activity by the Commencement Date to the reasonable satisfaction of Seller, and will continue to do so, subject to delays caused by events set out in Section 33 of this Contract, without interruption, until the Project is completed. Failure to meet these requirements shall be a material breach of this Contract for which Seller shall have its remedies, including, but not limited to collection of the Construction Performance Liquidated Damages pursuant to Section 12 of this Contract, and all such remedies w may be allowed by law or in equity. 3. All design, engineering, demolition, and construction work necessary to complete the Project in accordance with Buyer's Proposal in accordance with the Plans shall be Substantially Completed, and a final certificate of occupancy has been issued to Buyer from the City of Roanoke Department of Planning Building and Development for the Building by 12 months after the Closing Date. In the event that Buyer fails to Substantially Complete the Project in accordance with this Section, such event shall be a material breach of this Contract for which Seller shall have its remedies, including, but not limited to collection of the Construction Performance Liquidated Damages pursuant to Section 12 of this Contract, and all such remedies as may be allowed by law or in equity. 4. Within ninety (90) days after the issuance of the final certificate of ocwpancy by the City of Roanoke Planning, Building and Development Department for the use, occupancy and operation of the building, Buyer shall certify, in writing, to the City the amount invested by Buyer in building construction and equipment in connection with the Project. This certification shall include a detailed itemization of these costs, certified by the Buyer. In the event that the amount of this investment is less than the Minimum Investment, such event shall be a material breach of this Contract for which Seller shall have its remedies, including, but not limited to the Buyer shall pay to the City the amount of the difference between the Minimum Investment and the actual amount of the investment, and all such remedies as may be allowed by law or in equity. 5. Buyer agrees to and shall provide written progress reports (which may be by email) to the Seller's Assistant City Manager for Community Development four times a year, on the 1st day of the months of January, April, July, and October subsequent to Closing and until Substantial Completion. Such progress reports shall provide the Seller with sufficient information regarding Buyer's status as to performance of Post - Closing activities to meet the terms of this Contract and to alert Seller to any issues, problems, or delays that Buyer has encountered or anticipates Buyer may encounter. 6. Buyer acknowledges and agrees that Buyer shall not sell, transfer, or otherwise dispose of the Property —m Easements, any portion of the Property or Easements, or any interest in the Property or Easements, other than a deed of trust or mortgage in connection with the development and construction of the Project, Convectf Sale("Qmft 09.08.2017) DRAFT DATE: 09.11.442017 until the Property has been developed completely in accordance with the Proposal and subsequent Plans, and a final, permanent certificate of occupancy issued by the City of Roanoke Department of Planning, Building and Development has been granted to Buyer for the Building. If Buyer conveys, transfers, or attempts to convey or transfer the Property, any portion of the Property, or any interest in the Property, such conveyance shall be deemed void, of no force or effect, and a breach of this Contract. 7. Buyer may grant a mortgage or deed of trust on the Property provided that the holder of any such mortgage or deed of trust shall acknowledge and agree in writing that the right granted Seller pursuant to Section 4.13.8 is superior to the mortgage or deed of trust. Buyer shall require that each and every lender of the Buyer that seeks to encumber the Property with a mortgage or deed of trust to acknowledge and agree to the provisions of this Section 4.B.7. 8. Buyer recognizes that Seller is selling the Property to Buyer at a discounted sales price. The parties acknowledge and agree that as of the date of this Contract, the assessed value of the Building, by the City of Roanoke's Director of Real Estate Valuation is $74,400. In the event, Buyer sells, or otherwise conveys the Property, or any part of the Property, at any time within four years of the date the final, permanent certificate of occupancy is issued by the City of Roanoke Department of Planning, Building and Development to Buyer for the Building, Buyer shall repay to the City $75,000, whether or not the Property has depreciated or appreciated in value. This obligation shall be secured by a first priority Deed of Trust on the Property. The Deed of Trust shall contain such standard and commercially reasonable terms and conditions that are standard in commercial transactions within the Commonwealth of Virginia and shall be in a form acceptable to Seller. 9. Buyer shall be responsible for payment of all application, filing and related fees to the City of Roanoke for the creation of the Property as a separate parcel from its adjoining property belonging to Seller as defined in Section 4.A.2.e above. 10. SeHe Buyer agrees that during and subsequent to the development of the Property and the Building, SeHeeBuyer shall NOT: a. Construct more than one (1) accessory structure, as defined by the City of Roanoke's Zoning Ordinance as contained in Chapter 36.2 of the Roanoke City Code, on the Property; b. Make any curb cuts on Brambleton Avenue, S.W.; and C. Use Fishbum Park public access in order to access the Property, whether access is by Buyer, her contractors, guests, or invitees: except as provided in the Easement for egress and ingress; and d. Use any portion of the Fishbum Park parking facilities for use by Buyer, her contractors, guests, or invitees. Comer for Sale (D43DI a0.2D17) DRAFT DATE: 09_11.+42017 11. Self (Buyer agrees that the Deed will include a deed restriction that will limit use of the Property to single family purposes as permitted by the applicable zoning district. 12. SelleeBuyer agrees that the Deed will include a deed restriction that the Property shall not be subdivided at any time after Closing. elements of the Building preserved by Buyer. C. Obligations Survive Closing. Buyer agrees that the conditions and obligations of Buyer under this Contract are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. These conditions and obligations of the Buyer which survive the Closing shall run with the land. Upon the written request of Buyer after satisfaction of one or more conditions or obligations by Buyer which survived the Closing, the City shall verify satisfaction of such conditions or obligations by Buyer and, upon verification, the City shall execute and deliver to Buyer a document in which the City acknowledges the satisfaction of such conditions or obligations of the Buyer which survived the Closing. Such document shall be in a form suitable for recording in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. The form of the document shall be approved by the City Attorney and shall acknowledge satisfaction of only those conditions or obligations of Buyer specifically set forth in such document and shall further provide that all other conditions and obligations of Buyer (except for those previously satisfied and acknowledged by the City in writing) remain in full force and effect. If requested by Buyer, the City shall provide a separate document following the satisfaction of each condition or obligation of the Buyer hereunder. The Buyer shall be responsible for the costs of recording each such document. 2. Seller's obligations set forth in Section 43 shall survive the Closing, subject to strict compliance by Buyer with respect to the conditions of Section 4.B. Con"a for Sale (0630Drea 09.08.2017) 10 DRAFT DATE: 09_11.14.2017 SECTION 5. COMPLIANCE WITH LAWS. Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. Buyer further agrees that Buyer does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. SECTION 6. ASSIGNMENT. Buyer agrees not to assign or transfer any part of this Contract without the prior written consent of Seller, which will not be unreasonably withheld, and any such assignment shall not relieve Buyer from any of its obligations under this Contract. SECTION 7. INDEMNITY. Buyer agrees to indemnify and hold harmless Seller and its officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of Buyer or its agents, employees, contractors, or representatives arising out of or connected in any way to any of the matters involved in this Contract or any performance thereunder. Buyer's indemnity obligations hereunder shall be subject to the provisions of Section 17(B)(3) of this Contract. SECTION 8. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient form or that the venue of the action, suit or proceeding, is improper. SECTION 9. EASEMENTS. A. Easements to be granted by Buyer to Seller. Buyer promises and agrees to grant and dedicate to Seller and/or the Western Virginia Water Authority, at any time before Substantial Completion, all reasonably necessary easements on Buyer's Property for the construction of infrastructure improvements Cm for $ale (BHOr 09.08.2017) 11 DRAFT DATE: 09_11.442017 needed for or benefiting the Property and which easements are necessary to and benefitting the development of the Project in accordance with Buyer's Proposal, including, but not limited to, storm drainage, sanitary sewers, and/or water, all at no cost to the Seller and/or the Western Virginia Water Authority. B Easements to be granted by Seller to Buyer. 1. Access Easement. 2. Utility Easements. SECTION 10. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract, Seller warrants and represents that Seller will, in accordance with this Contract, convey title to the Property and Easements in an AS IS condition and subject to any items of record. Corn tfor sale (B Duft N.08 12 1 DRAFT DATE: 09.11.14-.2017 B. Seller further represents and warrants with respect to the Property that: 1. Title. Seller has title to the Property subject to any restrictions of record. Seller is the sole owner of the Property. 2. Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of access thereto. 3. Special Taxes. Seller has no knowledge of, nor has it received any notice of any other special taxes or assessments relating to the Property or any part thereof. 4. Hazardous Materials. Seller makes no warranties or representations of any type regarding hazardous materials of any type. 5. No Leases. There are no leases of the Property. 6. Access. Ingress to and egress from the Property is- eveilel>te- andshall be provided through ^liffe d Stye -', °.`�' -'the Access Easement. subiect to the terms of this Contract. SECTION I I. TITLE AND CLOSING. A. Title to the Property and Easements shall be conveyed by Seller to Buyer by Deed subject to the following: 1. Ad valorem real property taxes and stomtwater utility fees for the current year, not yet due and payable; 2. Those other matters of title to which Buyer has not objected to in writing; 3. Those matters reflected on the survey, if prepared by Buyer, to which Buyer has not objected to in writing, or, in the event that Buyer does not perform a survey prior to Closing, all matters that would be revealed by an accurate ground survey of the Property; 4. Easements, encumbrances, and other restrictions of record as of the date of execution of this Contract by Seller; 5. Liens and objections shown on the Title Commitment; 6. The Restrictive Performance Covenant; 7. The Restrictive Use and Development Covenant; Convect for Sae (B Dmft 13 DRAFT DATE: 09.11.44-.2017 8. The limitations on sale of the Property set forth in Section 4(B)(8) of this Contract; 9. Other standard exceptions contained in a Title Policy as defined in Section l l(B) below; and 10. Those items and matters set forth in this Contract and that the obligations and undertakings of Buyer in this Contract shall survive Closing and he incorporated into the Deed. All of the foregoing exceptions are herein referred to collectively as the "Conditions of Title." B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue, upon payment of its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy ") insuring Buyer in the amount of the Purchase Price in respect to the Property and Easements and that title to the Property and Easements is vested in Buyer subject only to the Conditions of Title. C. Buyer and Seller shall consummate and complete the Closing of this transaction no sooner than thirty (30) days but no later than ninety (90) days after satisfaction of all conditions set forth in Section 3. Buyer shall designate the specific date on which the Closing shall occur within such period set forth above at least thirty (30) business days prior to the Closing Date. Under no circumstance shall the Closing occur later than March 1, 2018, unless Seller grants further extension periods. D. The Closing shall be at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by Buyer and Seller. 1. On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: a) Its duly executed and acknowledged Deed conveying to Buyer the Property and Easements in accordance with the provisions of this Contract; b) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty -five (125) days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; C) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by Seller, as may reasonably be required by the Title Company evidencing the authority of the person(s) executing the Cm tfor aak(ead pmft 0 %0A2on) 14 DRAFT DATE: 09.11.442017 various documents on behalf of Seller in connection with its sale of the Property and Easements; d) A duly executed counterpart of a Closing Statement; and C) Any other items required to be delivered pursuant to this Contract or other items reasonably required by the Title Company and that do not include the payment of money, indemnity, or assumption of any liability or obligation. E. At Closing, real property taxes (if any), and stormwater utility fees shall be prorated with Buyer being responsible for all periods thereafter. F. Buyer shall pay for (i) the cost of all investigations of the Property and Easements including but not limited to examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. G. Seller shall pay the Grantors tax, if any, and the expenses of legal counsel for Seller, if any. H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract. SECTION 12. CONSTRUCTION PERFORMANCE LIQUIDATED DAMAGES. Buyer recognizes that Seller is selling the Property and Easements to Buyer at a discounted sales price and Buyer acknowledges and agrees that an essential element of the agreement between the City and Buyer with respect to the Project is that Buyer commences Construction Activity and achieves Substantial Completion of Construction in a timely manner. Buyer and the City acknowledge and agree that delays in the construction activity will cause damages to the City which are not capable of exact measurement. The City and Buyer agree that in the event Buyer fails to commence Construction Activity 90 days after the Closing Date, or achieve Substantial Completion of Construction 12 months after the Closing Date, and in the absence of any delays caused by events set out in Section 33 of this Contract, or any written extensions that may be granted by the City, Buyer shall pay to the City the Construction Performance Liquidated Damages in the amount equal to the sum of (i) One Hundred Dollars ($100.00); multiplied by (ii) each Day after (a) 90 days after the Closing Date and until and including the Day on which the Buyer actually commences Construction Activity; and (b) 12 months after the Closing Date and until and including the Day on which the Buyer actually achieves Substantial Completion of Construction. Buyer hereby waives any defense as to the validity of any liquidated damages stated herein on the grounds that such liquidated damages could be void as penalties or are not reasonably related to actual damages. Such liquidated damages are in addition to any other damages the City may be entitled to recover. Comrea for Sale (esaeoaft 09.08.2017) 15 DRAFT DATE: 09.11.142017 SECTION 13. CONDEMNATION. Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if, after the date hereof and prior to the Closing Date, all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any farther duties, obligations, rights, or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no further force and effect. If no such election is made by Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 14. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if such loss is the result of acts or omissions of Buyer or Buyer's employees, agents, contractors, or representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if the Property is substantially damaged or destroyed before Closing by such casualty, then either party may cancel this Contract by giving the other party thirty (30) days written notice of such cancellation and neither party will have any further obligations to the other and Seller shall not be liable to Buyer for any failure to deliver the Property to Buyer. SECTION 15. COMMISSIONS. Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. Seller and Buyer warrant and represent that no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. Buyer agrees to indemnify Seller against and to hold it harmless from any claim, loss, cost, or expense, including, without limitation, attorneys' fees, resulting from any claim for a commission, finder's fee, or other compensation by any person or entity based upon such contacts or understandings. SECTION 16. REMEDIES. A. In the event Buyer shall have fully performed or tendered performance of its duties and obligations hereunder, but Seller fails to perform any of its duties or responsibilities in accordance with the terms and provisions hereof, Buyer's sole and exclusive remedy shall be an equitable suit to enforce specific performance of such duties or responsibilities. Connor for Sale (063 ft 09,08.2017) 16 DRAFT DATE: 09.11.44-.2017 Any and all other remedies otherwise available to Buyer, at law or in equity, are hereby expressly waived by the Buyer except as otherwise specifically stated in this Contract. B. If Buyer fails to comply with any of the terms and conditions, or any of Buyer's obligations, of this Contract, Seller may enforce any and/or all remedies available to Seller under this Contract or by law, including, but not limited to termination of this Contract, collection of the Construction Performance Liquidated Damages pursuant to Section 12 of this Contract, and all such remedies as may be allowed by law or in equity. SECTION 17. RIGHT OF ENTRY AND INSPECTION PERIOD. A. Buyer shall have up to 120 Days following the execution of this Contract to complete Buyer's due diligence review of the Property (Inspection Period) to determine if there are any issues that would prevent the Buyer's use of the Property and to obtain all Permits and Approvals Buyer deems necessary or appropriate for the construction of the Project. By written notice, Buyer may extend the Inspection Period for an additional period of 60 Days provided Buyer is diligently presenting applications and diligently and timely making efforts, in good faith, to obtain all Permits and Approvals Buyer deems necessary or appropriate for the construction of the Project, or to satisfy itself that such Permits and Approvals will be available. Should Buyer determine during such Inspection Period that it is not satisfied with the Property or any characteristics thereof for any reason whatsoever, in Buyer's sole and absolute discretion, Buyer may terminate this Contract by notifying the Seller in writing as soon as possible, but no later than ten (10) Days after the end of such Inspection Period, of Buyer's decision to terminate the Contract. In such case, this Contract shall thereupon be terminated and of no further force and effect, unless Seller and Buyer mutually agree to modify this Contract to address any such issues. B. In connection with the Buyer's ability to conduct its due diligence review mentioned above the Seller hereby grants to Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter upon the Property at any time during the Inspection Period, upon two (2) working days prior written notice via email to the Seller, or the Seller's designee, at the following email address: Robert Led er RoanokeVa.gov or Brian TownsendQroanokeva.Rov in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete Phase I and Phase 11 Environmental Assessments, or geotechnical assessments, or nondestructive engineering evaluations of the Property, and to store Buyer's property and equipment, upon the following terms and conditions: 1. If the Buyer exceeds its rights granted under this Section or fails to obtain and maintain the insurance required by this Section 17, the Seller may immediately revoke this right of entry. 2. Buyer agrees to be responsible for any and all damages resulting from the activity or activities of Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on the Property in the exercise of the rights granted under this Section. Buyer C.=t for S.1. (W Dna 09.08.2017) 17 DRAFT DATE: 09.11.4142017 shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section to a condition equal to that exisfing immediately prior to entry on the Property if Buyer does not purchase the Property. 3. Buyer agrees and binds itself and its successors and assigns to indemnify, keep and hold the Seller and its officers, agents, employees, volunteers, and representatives free and harmless from any and all liability, claims, causes of action, costs and damages of any type, including reasonable attorney's fees, on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Buyer in connection with this right of entry, including, but not limited to, Buyer's use of the Property in violation of any provision of this Contract, claims relating to the storage of property by Buyer on the Property, or the exercise of any right or privilege granted by or under this Section 17. In the event that any suit or proceeding shall be brought against the Seller or any of its officers, employees, agents, volunteers, or representatives, at law or in equity, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on account thereof, Buyer, upon notice given to it by the Seller or any of its officers, employees, agents, volunteers or representatives will pay all costs of defending the Seller or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the Seller or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, then Buyer will pay such settlement or judgment in full or will comply with such order or decree, pay all costs and expenses of whatsoever nature, including reasonable attorney's fees, and hold the Seller or any of its officers, employees, agents, volunteers or representatives harmless therefrom. Buyer's indemnity obligations hereunder are conditioned upon the indemnified party: (i) promptly notifying Buyer of any claim in writing; (ii) cooperating with Buyer in the defense of the claim; and (iii) granting Buyer sole control of defense or settlement of the claim at the sole cost and expense of Buyer. 4. Buyer shall, within a reasonable period of time after its receipt of any preliminary or final test results or conclusory reports and opinion statements related to the physical condition of the Property, deliver or cause to be delivered copies of same to Seller. If Seller so requests, buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Said copies shall be provided to Seller without charge. Comma fur Se.(0630Drea 09.08.2017) 18 DRAFT DATE: 09.1 L -142017 5. Buyer shall comply with, and shall require its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants to comply with, all applicable federal, state, and local laws, rules, and regulations. Buyer shall obtain, and shall require its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants to obtain, prior to exercising any rights under this Section 17 and any and all permits therefore at their expense. 6. Buyer shall, at its sole expense, obtain and maintain, or have its contractors or representatives obtain and maintain, the insurance set forth below. Any required insurance shall be effective prior to the beginning of any work or other performance by Buyer under this Section 17 of this Contract. The following policies and coverages we required: (i) Commercial General Liabilitv. Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of Buyer's, contractors' or representatives' acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 per occurrence, and $2,000,000 general aggregate. (ii) Contractual Liabilitv. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering Buyer's, contractors' or representatives' statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Section 17. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the insurance company shall waive rights of subrogation against the Seller, its officers, employees, agents, volunteers and representatives. (iv) Automobile Liabilitv. The minimum limit of liability for Automobile Liability Insurance shall be $1,000,000 combined single limit applicable to owned or non -owned vehicles used in the performance of any work under Section 17 of this Contract and shall be written on an occurrence basis. 7. The insurance coverages and amounts set forth above may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be Contract for sale (e DrR2P §2017) 19 DRAFT DATE: 09.11.44-.2017 accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this Section, and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Buyer to the Seller. 8. All insurance shall also meet the following requirements: Buyer shall furnish Seller appropriate documentation showing the type, amount, effective dates, and date of expiration of policies; that the City of Roanoke, its officers, employees, agents, volunteers, and representatives are named m additional insureds; where waiver of subrogation is required with respect to any policy or insurance required, such waiver shall be specified; insurance coverage shall be in a form and with an insurance company approved by Seller, which approval shall not be unreasonably withheld; and any insurance company providing coverage shall be authorized to do business in the Commonwealth of Virginia. Buyer shall provide the City's Risk Manager with not less than thirty (30) Days advance notice of cancellation or material alteration of any of the above required insurance coverage. SECTION 18. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: City of Roanoke, ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Telephone No. 540- 853 -2333 Fax No. 540 -853 -1138 With a Copy to: City of Roanoke Department of Economic Development ATTN: Economic Development Director 117 Church Avenue, S.W. Roanoke, VA 24011 Telephone No. 540- 853 -2715 Fax No. 540- 853 -1213 If to Buyer: Lora J. Katz 225 23rd Street, S.W, #303 Roanoke, VA 24014 Telephone: 540 -597 -8223 Comm for sate (esaeDin 09.0 .2017) 20 DRAFT DATE: 09.11.442017 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 19. TIME. Time is of the essence in the performance of the parties' respective obligations in this Contract. SECTION 20. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. SECTION 21. COUNTERPART COPIES. This Contract may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that all of the parties are not signatories to the same counterpart. SECTION 22. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 23. SEVERABILITY AND SURVIVAL. If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect. The parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any previsions are deemed not enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF THIS CONTRACT SHALL SURVIVE CLOSING. SECTION 24. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. SECTION 25. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. Cmwm Por aak (B DMftan94 §3017) 21 DRAFT DATE: 09.11.442017 SECTION 26. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the non - defaulting party from requiring the defaulting party to comply with all the terms and conditions of this Contract and does not bar the non - defaulting party from asserting any and all rights and/or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 27. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.-4343. 1. be advised that the City does not discriminate against faith -based organizations. SECTION 28. CONFLICT BETWEEN PLANS AND CONTRACT TERMS. Seller and Buyer agree that the provisions of the Plans and other documents provided by Buyer to Seller are intended to be consistent with the terms of this Contract. However, if any of Buyer - supplied documents and/or the Plans are in conflict with the terms of this Contract, the parties agree that the terms of this Contract shall control, unless the parties mutually agree otherwise in a writing signed by both parties. During the performance of this Contract, Buyer agrees as follows: A. Buyer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Buyer. Buyer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. Buyer in all solicitations or advertisements for employees placed by or on behalf of Buyer will state that Buyer is an equal opportunity employer. C. Notices, advertisements and solicitations placed in accordance with federal law, role or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. D. Buyer will include the provisions of the foregoing in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. Cwvurc for Sale (B63BD.1g1'!) 22 DRAFT DATE: 09.11.14.2017 SECTION 30. DRUG-FREE WORKPLACE. During the performance of this Contract, Buyer agrees to (i) provide a drug -free workplace for Buyer's employees; (it) 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 Buyer that Buyer 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. Buyer shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Buyer shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Contract. Seller may void the Contract if Buyer fails to remain in compliance with the provisions of this section. SECTION 32. APPROPRIATION OF FUNDS. All obligations or fundings undertaken by Seller in connection with this Contract are subject to the availability of funds and the appropriation of such fonds by City Council as may be necessary for such obligations or funding. If any such funding is not approved, withdrawn, or otherwise not made available for this Contract, with the result that Seller is unable to perform its obligations under this Contract, Seller shall provide Buyer with written notice of such unavailability of funding. SECTION 33. FORCE MA3EURE. Conoaa for sae (es-seo„.U.zo(7) 23 DRAFT DATE: 09.11.44.2017 Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Contract if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of common enemy, the elements, earthquakes, floods, fires, epidemics, riots, strikes, failures or delay in transportation or communication, shortages of material, approval delays or any act or failure to act by the other party or such other party's employees, agents or contractors; provided, however, that lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The Parties shall promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Agreement. For purposes of this Contract, any one (1) delay caused by any such occurrence shall not be deemed to last longer than four (4) months and the party claiming delay caused by any and all such occurrences shall give the other party written notice of the same within 30 days after the date such claiming party teams of or reasonably should have known of such occurrence. Notwithstanding anything else set forth above, after a total of six (6) months of delays of any type have been claimed by a party as being subject to force majeure, no further delays or claims of any type shall be claimed by such party as being subject to force majeure and/or being an excusable delay. SECTION 34. ENTIRE CONTRACT. This Contract, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda, or contracts are replaced in total by this Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the appropriate parties. SIGNATURE PAGE TO FOLLOW Convect fr sate cseasoreft 09.08.2017) 24 DRAFT DATE: 09.11.442017 IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: By Shomm M. obert S. Cowell Jr. City Manager The foregoing instrument was acknowledged before me this _day of , 2017, by obert S. Cowell Jr. City Manager for the City of Roanoke, Virginia, a Virginia Municipal Corporation, for and on behalf of said municipal corporation, My commission expires: Notary Public SEAL WITNESS /ATTEST: By Lora J. Katz ---COMMONWEALTH OF VIRGINIA To -Wit: The foregoing instrument was acknowledged before me this _day of , 2017, by Lora J. Katz. My commission expires: Notary Public SEAL Comma for Sale (B63BQMLU g §.2017) 25 DRAFT DATE: 09.1 1.+42017 Approved as to Forth: Approved as to Execution: Assistant City Attorney Authorized by Ordinance No. Assistant City Attorney Cma for Sale (0630D ft 09.08.201!) 26 DRAFT DATE: 09.11.44-.2017 Contract for Purchase and Sale of Real Property dated ' 2017, by and between City of Roanoke, Virginia, and Lora J. Katz. EXHIBIT 1 DESCRIPTION OF CITY'S PARCEL Roanoke Official Tax Mao No. 1470301 BEGINNING at a double white oak on the southeasterly side of Murray's Run and comer to the lands of W. H. Hart; thence with the line of same S. 75 deg. 37' 00" W. 209.30 feet to a concrete monument; thence leaving the line of W. H. Hart N. 11 deg. 20' 00" E. 458.20 feet to a concrete monument; thence N. 49 deg. 51' 00" W. 295.1 feet to a concrete monument on the south side of Creston Avenue, according to the map of the Weaver Heights Corporation subdivision, known as Grandin Court Annex, made by William Bradford, August 1, 1923, and revised according to the Map of Land Acquired for Park Purposed Adjoining the City of Roanoke ALMS House Farm on the West Side, dated December 12, 1924, on file in the Office of the City Engineer, Roanoke, Virginia; thence N. 66 deg. 32' 00" W. 41.7 feet to a concrete monument on the north side of Creston Avenue and comer to Lot 11, Section 25, above mentioned map; thence with the east line of Lot 11, Section 25, N. 49 deg. 51' 00" W. 186.0 feet to a concrete monument on the comer of Lot 7, Section 23; thence with the east line of Lot 7, Section 23, crossing Sweetbrier Avenue and continuing along the east line of Lot 8, Section 21, N. 31 deg. 55' 00" W. 427.00 feet to a concrete monument at the corner of Lot 4, Section 21; thence with the east line of Lot 4, Section 21, N. 18 deg. 42' 00" W. 139.00 feet to a concrete monument on the south side of Greenbrier Avenue; thence with the south side of Greenbrier Avenue N. 71 deg. 18' 00" E. 574.88 feet to an iron pipe in the line of the property of Ernest B. Fishbum; thence with the line of the property of Ernest B. Fishbum S. 37 deg. 59' 00" E. 733.2 feet to an iron pipe on the northwesterly side of Mornay's Run; thence S. 12 deg, 03' 00" W. leaving the line of Ernest B. Fishbum and passing at 511.5 feet a comer of the City of Roanoke Almahouse Farm — a total distance of 848.82 feet to a double white oak, the place of BEGINNING, and containing 15.502 acres. All bearings refer to the meridian of the official survey. (To correct for meridian used by Weaver Heights Corporation subdivision known as Grandin Court Annex made by Wm. Bradford, dated August 1, 1923, add 3 deg. 47' in N.E. and S.W. and subtract 3 deg. 47' in N.W. and S.E.) See plan 1546 on file in Office of City Engineer, Roanoke, Virginia; and Corona for Sale (0630Dna 09 08.2017) 27 DRAFT DATE: 09.11.44-.2017 BEING the same property conveyed to the City of Roanoke, Virginia by deed dated January 2, 1925 from Weaver Heights Corporation, of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Deed Book 141, Page 401. Contract for Purchase and Sale of Real Property dated 2017, by and between City of Roanoke, Virginia, and Lora J. Katz. EXHIBIT 1 -A SOH P1 AN MAP Con"cc for Sale (B6 3UDmft 09 08.2019) 28 DRAFT DATE: 09.1 1.442017 Contract for Purchase and Sale of Real Property dated , 2017, by and between City of Roanoke, Virginia, and Lora J. Katz. EXHIBIT 2 BUYER'S PROPOSAL Coco- f.r Sete (esseoaa 09.0 017) 29 ROANOKE CITY OF ROANOKE ECONOMIC DEVELOPMENT DEPARTMENT SURPLUS PROPERTY SALE PROPOSAL PROPERTY ADDRESS: 2424 Brambleton Ave SW. TAX NUMBER(s): 14770`301 DATE: 'I -I ' APPLICANT /CONTACT PERSON: LOD,A ' LWIZ FULL NAME (As to be stated on Deed): Lom J. I /An_ HOME ADDRESS (or) PRINCIPAL OFFICE: 225 ?.3 RD rn SIJ *302 (Physical addresses only. No Post Office Boxes) CITY: Amora STATE: VA. ZIP: X0j4 DAYTIME PHONE: 54J- 5Q742.:+? D CORPORATION VINDIVIDUAL(S) D LIMITED PARTNERSHIP D JOINT TENANTS D LIMITED LIABILITY COMPANY D TENANTS IN COMMON D PARTNERSHIP D SOLE PROPRIETORSHIP TOTAL BID AMOUNT (Must be expressed in whole dollar amounts) T£N A lum PROPOSED USE. (Please include additional pages, if necessaryl: SIN41€ 4�11� REELbeIyCj_� I hereby certify that I have been provided with and have read the announcement of sale for the above- referenced property and submit this proposal in accordance with all p ovisions of th said a uncement. Signature ro Lora J Katz, AIA ARCHITECTURE / INTERIOR DESIGN April 17, 2017 Mr. Rob Ledger, Manager, Department of Economic Development 117 Church Avenue, SW Roanoke, VA 24011 RE: 2424 Bramblewn Ave. SW Tax no: 1470301 Dear Mr. Ledger, Attached is my proposal for the caretaker's cottage located In Fishburn Park. I hope that it meets with your objectives for preserving this architectural gem. Proposal Elements: The concept plan is attached. My goal for this property is to restore the caretakers cottage and w live in it. Since I was a child this building has been one of my favorites and to think that now I have the opportunity to restore is and to live in it is exciting. The only other structure proposed on the property would come later and is shown on the concept plan as a future small garage and would be located close w Clifford Street, which would be the new access point A walkway garden path would then be added w connect the parking area to the house entrance. Drawings and bidding would begin within 30 days of approval and construction would begin in approximately 90 days with a maximum one year total project completion timeline. The caretaker's cottage will become my new caretaker's cottage, to serve as a beacon of the past with a view toward the future. I hope the neighbors will feel free to access the park down my new path and I plan on extending the walkway path pan my porch entry to allow them to access the park without crossing the grass. Modern systems will be added, but the house will remain intact and restored. The front porch will be retained, but it is falling apart and the foundation will need to be rebuilt The inside walls will be stripped to the studs to add modern electrical wiring and insulation in the walls and the second floor ceiling. Historical elements on the interior, such as the original fireplace mantels and hearths will be restored. A new kitchen will be added as well as a new bathroom and laundry space. On the exwrior, the foundation will be restored, the electrical panel box and meter will be relocated away from the front door and either the original windows will be restored or new insulated windows will be added to match the original style. The hardwood floors seem to be intact and will be refinished on both levels. Of course the house will be repainted inside and out. I am an architect that was born and raised in Roanoke. Currently, I have my own firm and will use my expertise w make sure that this home retains its original character. I have always believed in serving the community and have been on the ARB and currently Serve on the Planning Commission. I want w make everyone in the community proud of this house again and know that I can get this accomplished through exterior restoration and interior renovation. To L)KAIA ®COK.NET 225 23'' STREET. SW #303 5 R:- 597 -S 22 ROANOKE. VA 24014 , � T D7 q r Lora) Katz, AIA ARCHITECTURE / INTERIOR DESIGN June 6, 2017 Mr. Rob Ledger, Manager, Department of Economic Development 117 Church Avenue, SW Roanoke, VA 24011 RE: 2424 Brambleton Ave. SW Tax no: 1470301 Dear Mr. Ledger, Attached is my proposal for the caretaker's cottage located in Fishburn Park. I hope that it meets with your objectives for preserving this architectural gem. Proposal Elements: I. The concept plan is attached. My goal for this property is to restore the caretaker's cottage and to live in it. Since I was a child this building has been one of my favorites and to think that now I have the opportunity to restore it and to live in it is exciting. The only other structure proposed on the property would come later and is shown on the concept plan as a future small garage and would be located close to Clifford Street, which would be the new access point A walkway garden path would then be added to connect the parking area to the house entrance. Drawings and bidding would begin within 30 days of approval and construction would begin in approximately 90 days with a maximum one year total project completion timeline. 2. The caretakers cottage will become my new ciretaker s cottage, to serve as a beacon of the past with a view toward the future. I hope the neighbors will feel free to access the park down my new path and I plan on extending the walkway path past my porch entry to allow them to access the park without crossing the grass. Modern systems will be added, but the house will remain intact and restored. The from porch will be retained, but it is falling apart and the foundation will need to be rebuilt. The inside walls will be stripped to the studs to add modern electrical wiring and insulation in the walls and the second floor ceiling. Historical elements on the interior, such as the original fireplace mantels and hearths will be restored. A new kitchen will be added as well as a new bathroom and laundry space. On the exterior, the foundation will be restored, the electrical panel box and meter will be relocated away from the front door and either the original windows will be restored or new insulated windows will be added to match the original style. The hardwood floors seem to be intact and will be refinished on both levels. Of course the house will be repainted inside and out. 3. 1 am an architect that was born and raised in Roanoke. Currently, I have my own firm and will use my expertise to make sure that this home retains its original character. I have always believed in serving the community and have been on the ARB and currently serve on the Planning Commission. I want to make everyone in the community proud of this house again and know that 1 can get this accomplished through exterior restoration and interior renovation. To Lf KAIA @COX. NET 225 23- STREET, SW #303 540 - 597 -8213 ROANOKE, VA 24014 Lora J Katz, AIA ARCHITECTURE/ INTERIOR DESIGN make sure that this remains the single home in the park a conservation easement or other legal building restrictions will be set to protect the parkland in perpetuity. I would like for the property to connect to Clifford in order to keep my car further away from the cottage and enter the site at that location, but if the city would prefer to grant an easement to the cottage through the current park entrance and access drive, then a smaller lot surrounding the house would certainly be acceptable. If this option is selected, then a small defined parking spot would be provided. The cottage is approximately I000sf on the main level and 600sf upstairs. A construction analysis has been completed and it will cos[ approximately $150.000 to fully renovate this cottage. I plan on using savings and a line of credit to start the process then will sell my current home and use the equity and a small bank loan to fund the remainder of the renovation. The cost includes the following breakdown: HVAC $IQ000. Electrical $7500. Plumbing $7500. Kitchen $25,000. Bathroom $10,000. Porch $5000. Structural Reinforcement $10,000. Hardwood Floors $5000. Painting $5000. Driveway and Walking Path $10,000. Lighting and Hardware $5000. Insulation, GWB and Trim $10,000. Windows and shutters $15,000. Selective Demolition $10,000. Contingency $15,000. Total $150000 S. I would like to offer $10 ten dollars for this property. The purchase is contingent on rezoning approval. Thank you for your consideration. I look forward to hearing from you. v L1KAIA @OOX.NET 12523°° STREET, SW #303 540 -597 -8223 ROANOKE. VA 24014 Lora) Katz, AIA ARCHITECTURE / INTERIOR DESIGN August 30, 2017 Mr. Rob Ledger, Manager, Department of Economic Development 117 Church Avenue, SW Roanoke, VA 24011 RE: 2424 Brambleton Ave. SW Tax no: 1470301 Dear Mr. Ledger, Aker comments from the public during the City Council meeting, I would like to amend my current proposal as follows. A conservation easement will do little more than deed restrictions, however, an easement would cost a considerable amount to put into place and would require yearly management fees and inspections paid to a third parry. In lieu of the easement, I would like to agree to a deed restriction that the house cannot be razed without the prior consent of the seller. I certainly do not intend to raze the house, but this could come up many years after I am gone and will protect the property until it is proven to require this extent of demolition. In addition to the deed restriction, I will voluntarily preserve, whether in place or re- purposed elsewhere in the structure, the following historic elements of the home to the extent possible. These elements include the log structure, portions of the timber frame, both hand -made brick chimneys, exterior siding, interior chair rail, baseboard and window trim, as well as the wide plank wood flooring, upstairs ceiling shiplap paneling and vertical hand - planed wood paneling. There is one historic mantel remaining that would also be preserved. A smaller piece of property is possible and I am in favor of transferring less land with the house sale. The new boundary lines would create a square lot that fronts Brambleton Avenue and would be approximately .65 acres. The entry to access the home would require an easement through the existing Fishburn Park entry and would avoid Clifford Street An additional easement may be required for water, sewer, electrical and gas lines, depending upon the existing main line locations and access. I appreciate your assistance and thank you for all your help during this process ja LJKAIA @CORNET 22523PO STREET. SW #303 W-597 -8223 ROANOKE, VA 24014 14m f 'U�;�'ya i�- 45 °y I 1 j 1 I n I I I• (F y I 1 Y i I I\ I Z . y I i / TRINKLE 40967- 092217 ROANOKE CITY COUNCIL RECESSED SESSION (CITY COUNCIL STRATEGIC WORKSHOP) SEPTEMBER 22, 2017 8:30 A.M. RALEIGH COURT LIBRARY 2112 GRANDIN ROAD, S. W. AGENDA 1. Call to Order — Roll Call — All present. 2. Welcome — Mayor Sherman P. Lea, Sr. 3. A communication from the City Manager recommending approval of the 2016 -17 HUD Consolidated Annual Performance and Evaluation Report (CAPER). Adopted Resolution No. 40967- 092217. (7 -0) 4. Work Session Purpose — Robert S. Cowell, Jr., City Manager Opening comments by the City Manager. • FY 2017 Year End Update o Local Tax Revenue Trends o FY 2017 Revenue Issues o FY 2017 Expenditure Issues • FY 2018 Year To Date Performance FY 2018 Budget Development Follow -Up Items • FY 2019 Budget Development Discussion Items from Mayor and Members of Council. The City Manager agreed to provide a summary of priorities for review and concurrence of the City Council. Adjournment— 1:56 p.m. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of September, 2017. No. 40967 - 092217. A RESOLUTION approving the 2016 -17 1IUD Consolidated Annual Performance and Evaluation Report (CAPER) regarding the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program; and authorizing the City Manager to submit the CAPER to I IUD. WHEREAS, the City of Roanoke regularly receives HUD and CDBG grant monies each year to use in HUD funded community service programs; WHEREAS, HUD requires each locality receiving such funds to develop a Consolidated Annual Performance and Evaluation Report (CAPER) that includes a review of the specific community development and housing activities that were undertaken during the recently concluded program /fiscal year and identify the amount of funding that benefited low -to- moderate income persons; and WHEREAS, IEREAS, as described in the City Council Agenda Report dated September 22, 2016, the CAPER was made available to the public August 18, 2017 through September 19, 2017 for review and public comment, and a properly advertised public hearing was held on September 18, 2017 to receive public comments, and no comments were made. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: L City Council ham'eby approves the CAPER attached to the City Council Agenda Report dated September 22, 2017, 2. The City Manager is hereby authorized, for and on behalf of the City, to execute the CAPER, and to submit same to I IUD by September 30. 2017. ATTEST: ,f 1 /'�//�(�,('ty" I % iL ,�� City Clerk U "'°""` CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 22, 2017 Subject: Approval of 2016 -2017 Consolidated Annual Performance and Evaluation Report (CAPER) for US Department of Housing and Urban Development Background: Federal law requires all participating jurisdictions that receive funds from the U.S. Department of Housing and Urban Development (HUD) to submit a Consolidated Annual Performance and Evaluation Report (CAPER) no later than September 30th following the close of the prior program year. This submittal follows a 30 -day public comment period that was properly advertised in newspapers of general circulation beginning August 18, 2017 and expired on September 19, 2017, including a public hearing by the Roanoke City Council on September 18, 2017. The City made the draft CAPER available to the public through a variety of means, including the City's website, by mail to citizens upon request, at the City Municipal Building, at the City's Main Branch Library, and at the Roanoke Redevelopment and Housing Authority's Executive Offices. No comments were received during the 30 -day public comment period, including at the public hearing. Considerations: Submission of the CAPER to HUD is a required action to remain eligible to receive future HUD funds. City Council should consider approval of the CAPER and authorize its submission by the City Manager or his designee to HUD. Recommended Actions: Adopt the attached resolution to approve the 2016-17 HUD Consolidated Performance and Evaluation Report (CAPER), and direct the City Manager or his designee to execute and submit the CAPER to the Richmond Field Office of the U.S. Department of Housing and Urban Develollment prior to September 30, 2017, in a form approved by the City Attorney. -- -- - - -- -- ------ - - - - -- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Amelia Merchant, Acting Director of Finance Chris Chittum, Director of Planning, Building and Development Keith Holland, Community Resources Program Administrator City Council Strategic Planning Workshop September 22, 2017 Raleigh Court Library 8:30 a.m. — 1:00 p.m. Agenda • FY 2017 Year End Update • Local Tax Revenue Trends • FY 2017 Revenue Issues • FY 2017 Expenditure Issues • FY 2018 Year To Date Performance • FY 2018 Budget Development Follow -Up Items • FY 2019 Budget Development Discussion pi City of Roanoke Priorities Assure a desirable region where judicial needs are met and citizens feel safe in their community. Cnfuh' Fcnnnmv Enhance Roanoke's exceptional vitality as an , attractive, diverse, culturally inclusive, vibrant r� and active city in which to Livability live, learn, work and play. Maintain and build quality infrastructure that supports healthy residential neighborhoods, successful commercial areas, and accessible public facilities and amenities. L Cultivate a thriving business environment and innovative workforce opportunities to ensure the prosperity of our community, recognizing our role in both the regional and global economies. Foster an environment for lifelong learning which encompasses cradle to Education career and beyond through shared services and community involvement. I cod Infrastructure Government Provide exceptional, yet cost 1 competitive government / Human services that are collaborative, Services transparent, responsive, and 1 innovative. Foster a caring community that utilizes an equitable, regional, and collaborative approach to encourage preventative measures, intervention services, and self - sufficiency while providing a 3 social safety net for citizens. FY17 Year End • June monthly close occurred on September 11th • Pending 13th Period revenue and expense accruals • Remaining analysis of required contributions — RCPS — Risk Management Fund — Undesignated fund balance • Anticipated unaudited results to City Council by November 11 285 275 265 Z 0 S 255 6 0 245 235 225 Revenue Performance by Fiscal Year 281.1 280.6 FY 08 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 FY 16 FY 17 FY 18 (Adopted) (Estimate) 5 120,000,000 100,000,000 MIXII1=1 7 11,111014111110111 40,000,000 20,000,000 Property Tax Revenues `gal 0\ e6l ry ry ti ti ti ry ry ry ti ti aeQ yell OR If, Delinquent, P & I ■Tax Districts • Public Service • Personal Property • Real Estate z $100,000.000 $80,000,000 $40.000.000 $20.000,000 Real Estate Tax ryoa� ti� ry� rya ^o ryo ^ti ryoIb �a ryoh ryo$b ��� aye, ��� a °Q y'-01 a °Q ^,, \Q' ^,,� ^0LP ryp ry0 ry0 7 25,000,000 20,000,000 15,000,000 Mom UT, ,,I Sales Tax 41 lie ryooa goo ti��^ ti� ^ry ti� ^A ryaa ryo °h ryo °6 aoQ��� y�a�� aoQ`�� ION ION, E 18,000.000 16,000,000 14,000,000 12,000,000 10,000,000 8.000000 6.000.000 4,000,000 2,000,000 Meals Tax ^° ^^ N 0 R '0416 oe`p �Fa�O, oQ`0a, I 5,000,000 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 Lodging Tax a°°^ ry °°9 ry ° °9 ry� ^� ry� ^^ ry� ^ry ry� ^� ry��b ry� °y ry��6 ep 0`0, p 100 $aF a� ,ON IPNI 10 Historical Rate Adjustments Meals 5% 7% 7% 5% 5% 5% 5.5% 5.5% 5.5% Lodging 7% 7% 7% 7% 8% 8% 8% 8% 8% Motor $20 $20 $20 $20 $20 $20 $25 $25 $25 Vehicle Real $1.19 $1.19 $1.19 $1.19 $1.19 $1.19 $1.22 $1.22 $1.22 Estate 11 Revenue Performance to Budget $295,000,000 $265.51 M $275,000,000 $254.67M (0.210)% $255,000,000 -....- -.. _- .... -_ $256.52M $259.53M (0.026)% (0.420 %) $235,000000 $215,000,000 $195,000,000 $175,000,000 - - - - -- FY 2012 FY 2013 FY 2014 FY 2015 $273.06M (0.924 %) rT 201ti 12 Expenditure Performance to Budget $295,000, $275,000, $255,000, $235,000, $215,000, $195,000, $175,000, 000 000 271.4M 000 (1.20 %) $258.4M $258.5M (0.22 %) (0.24%) $254.1M (0.68 %) 000 000 000 000 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 13 FY 2017 Revenue Issues • Real Estate — very modest growth • Personal Property —volatile; anticipated decrease in new vehicle sales • Sales Tax — not yet returned to high of $22M in 2007 • BPOL — did not achieve anticipated growth in FY 2017 • Meals Tax — steady growth since 2011 • Lodging — steady growth since 2011; underperformed in FY 2017 14 FY 2017 Expenditure Issues • Children's Services Act • Worker Compensation • Public Safety Overtime • Fleet Parts • Elections • Motor Fuel • Tipping Fees 15 $50 $45 $40 $35m $30= $25 $20 $15 $10 Fund Balance FY FY FY FY FY 2012 2013 2014 $26.OM $26-1 M $26.7M ' o 10.1% 10.3% 1 U. o FY FY FY FY FY 2012 2013 2014 2015 2016 Toi FY 2018 Reductions • Facilities Management — capital building maintenance • Fire Inspections • Fleet Management — vehicular and equipment replacement • Libraries — books, materials and subscriptions • Parks and Recreation — recreation programs and aquatics • Planning — demolition, graffiti abatement, weed and trash removal • Social Services — Emergency Relief • Technology - capital • Transportation — signs and pavement markings, signal maintenance, contracted alley maintenance, sidewalk maintenance and repair • Youth Services 17 FY 18 YTD Revenue Performance Meals Tax $1,082,011 $1,239.661 Lodging Tax 760,031 849,228 Cigarette Tax 372,457 412,737 Motor 185,983 201,738 Vehicle License Sales Tax* 1,593,375 1,738,411 *One month of revenue $1,294,366 748,896 372,632 311,744 1.647.102 $1,384,474 828,697 452,942 302,814 1,605,684 I: FY 18 Follow -Up • Neighborhood Infrastructure — Alley Maintenance — Sidewalk Repair & Maintenance — Demolition • Arts Endowment 19 Neighborhood Infrastructure Alley Maintenance $428,282 ($41,604) $386,678 Sidewalk Repair & Maintenance Demolition 462,319 (20,000) 442,319 30,000 (10,050) 19,950 KE Arts Endowment • Funding Appropriation History — FY 2015: $250,000 from Excess Debt Service — FY2016: $250,000 from Excess Debt Service & FY2015 year -end closeout — FY2017: $125,000 from Excess Debt Service — FY 2018: $62,500 — Total appropriated to date: $687,500 • $62,500 currently uncommitted in project account from one -time funding 21 Solid Waste Commercial Recycling • Commercial businesses receive recycling collection if refuse is collected — Allowed up to 3 automated collection containers • When recycling collection began, recyclables w,�re collected from commercial businesses that did 4ave yA refuse collected by City COWWOd — Focus on participation rate and growing recyclable tonnage • As recycling tonnage increased from residential segment, mitigated need to collect recyclables from commercial businesses 22 Solid Waste Commercial Recycling • Over time, discontinued commercial businesses • Commercial waste man recycling collection • Resuming past practice commercial businesses collecting recyclables from where refuse not collected agement companies offer of collecting recyclables at where refuse is not collected will: — Require additional manpower — Result in additional disposal cost 23 Alley Maintenance • Approximately 375 alley segments in which Solid Waste collected • Approximately 10 alley segments that provide sole access to parcels • Inspected annually for vegetative overgrowth and surface maintenance needs • All other alleys addressed based on complaints • Maintenance Activities — Vegetative overgrowth — responsibility of parcel owner — Surface Maintenance — maintenance contract valued at approximately $300,000 annually 24 Alley Maintenance • Vegetative Overgrowth — After inspection, notices of violation sent to all property owners within the alley — Notices issued late one week and owners given two weekends to address — Re- inspect approximately 10 days later and note any properties still in violation — Post second notices on properties still in violation requesting overgrowth be cut back — Reinspect after another weekend and, if still in violation, contractor retained to trim offending vegetation — bill sent to parcel owner 25 Alley Maintenance • 115 alleys inspected since 2014 in which Solid Waste is not collected — Very minor surface work done unless terrain, stormwater runoff, erosion are a significant problem • Occasionally, city addresses unimproved alleys so overgrown adjacent property owners cannot address — City clears and advises adjacent property owners of future responsibility for maintenance 26 Alley Maintenance 2014 1426 137 64 $7,600 2015 2016 801 204 48 690 103 41 $8,250 $8,200 27 Alley Maintenance • Surface Maintenance — Annual inspections generate lists of alleys in which surface repairs are required — All work contracted out — Surface treatment and some minor excavation /repair work FY 2019 Budget Development • Seeking Council's affirmation regarding priorities • Present framework for budget challenges • Discussion of development methodology 29 Historical Reductions to Balance the $11 $6 $1 c 0 -$4 -$9 -$14 Budget -1.2 -0.8 0.6 -1.2 -0.3 -0.3 7�-5.1 -4.5 -9 RAO <1C <yl� �y`L ��ti Q�� ��ti ��e ��ti rip <1ti <1f F�,rO Full -Time Equivalent Positions 1850 - 1816 1800 1750 1700 1650 1600 1550 FY FY FY FY FY FY FY FY FY FY FY 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 31 Expenditure Reductions Carried Forward to FY2018 • Public Safety • Fleet Capital • Technology Capital • Capital Building Maintenance • Parks & Recreation • Social Services • Libraries • Positions • Employee Development and Benefits • Outside Agencies • Marketing 32 Major Expenditure Allocations for FY18 ■ Personnel Costs (salary + fringes) -- $113,526,894 ■ Support for RCPS -- $79,592,200 ■ Social Services Programs & CSA -- $23,638,357 ■ Transfer to Debt Service + Excess Debt Capacity -- $14,305,986 ■ Outside Agencies -- $8,804,474 • Fleet (Replacement Vehicles, Parts, Motor Fuel, Sublet Vendor) -- $5,402,158 • Paving -- $4,139,924 ■ Tipping Fees -- $1,717,103 ■ Technology Infrastructure Capital -- $1,000,000 ■ Residential Juvenile Detention -- $912,854 • All Other Operating Expenses -- $29,745,050 33 FY 2019 Expenditure Challenges • Compensation • Medical • Pension • Children's Service Act (CSA) • Infrastructure — Fleet Replacement, Technology Capital, Facilities Maintenance, Paving • Livability — Parks and Recreation, Libraries • Safety • Percent for Art 34 Compensation FY Increase 11• 2010 0% 2011 0% (June stipend) 2012 0% (November stipend) 2013 3% 2014 2% 1% RHSA 2015 0% 2016 3% 6% Pension Hold Harmless 2017 2% 2018 1.75% 35 $16,000,000 $15,500,000 $15,000,000 $14,500,000 $14,000,000 $13,500,000 $13,000,000 $12,500,000 $12,000,000 $11,500,000 $11,000,000 Medical __$1571 -4,877 $15,326,040 $12,842,531 _. $4-2,040,361---- _— $11,537,036 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Adopted 36 Pension Obligation Funding 100.00% 80.00% 81.4 60.00% 40.00% 20.00% 0.00% FY 2012 Level 66.9 FY 2013 FY 2014 FY 2015 FY 2016 37 Historical Pension Rates 2012 18.04 2013 15.6 2014 18.12 2015 22.23 2016 15.64 (added 5% employee contribution) 2017 15.81 2018 17.04 2019 17.00 (projection) 9 Children's Services Act • FY 2017 Adopted Budget: $11,400,770 — FY 2017 Actual Expenditures: $12,250,000 • FY 2018 Adopted Budget: $10,839,036 • Therapeutic Foster Care • Private Day Schools for special education purposes • Local match of 30% for most program expenses; some 0% M Infrastructure Fleet Replacement $3,000,569 $3,500,000 Technology Capital Capital Building Maintenance Paving 1,000,000 672,033 3,500,000 1,500,000 1,500,000 6,000,000 .O Livability Personnel $2,418,006 $2,166,527 Operating $606,781 $340,799 Total $3,024,787 $2,507,326 FTE 55 42 Park Maintenance $50,092 $10,009 Urban Forestry $63,401 $11,275 Beautification $50,092 $0 Greenways $0 $38,191 Total $163,585 $59,475 41 Livability Libraries FY 2008 FY 2018 FTE 50 43 Publications & Subscriptions Budget Circulation rate Hours of Operation per week Temporary Employee Wages Branch square footage $402,048 $375,055 414,209 966,584 348.5 hrs 362.5 hrs $115,973 $93,647 83,734 105,678 42 Livability $500,000 Library Publications and Subscriptions $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 - -_ -- FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 FY18 — Budget Adopted —YTD Expended $180,000 Library Utilities $70,000 Supplies for Library $160,000 $60,000 Publications $140,000 $50,000 $120,000 $100,000'. $40,000 - $80,000 $30,000 =, $60,000 $20,000 - $40,000 $10,000 $20,000 FY08FY09FY10FY11 FY12FY13FY14FY15FY16FY17FY18 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 — Budget Adopted —YTD Expended — Budget Adopted —YTD Expended 43 Safety • Police — Continued growth of technology support (mobile and office - based) — Recruitment efforts /diversity goals — Compensation challenges /training/ equipment — Increase sworn capacity to address specific criminal activity trends • Fire -EMS — Increasing demand for emergency medical services requiring transition of peak -time units to full -time — Workload in Fire Inspections requiring staffing adjustment — Unfunded positions result in increased need for overtime — Additional support positions needed .. Percent for Art • Program guidelines provide for 1% of construction costs for eligible projects (up to $100,000) • New construction or major renovation of public buildings, (including schools), decorative or commemorative structures, parks and recreation facilities and parking facilities. • Annual funding source: one -time funding (excess debt service funding) 45 Percent for Art Allocations 2009 $78,096 2010 123,704 2011 34,228 2012 43,000 2013 9,400 2014 89,000 2015 38,900 2016 32,500 2017 21,500 2018 50,400 (5 year future average) m Percent for Art • Clarification of eligible Parks & Recreation facilities • Shelters and buildings (4 walls and /or a roof) • Excludes playgrounds and fields • Annual allocation calculated based on Council approved use of Master Plan funding for prior year 47 Capital Improvement Program Debt Issuance Plan FY 2018 -2022 Project RCPS Bridge Renovation Library Master Plan P &R Master Plan Civic Center Stormwater Management Curb, Gutter and Sidewalk Street Scapes Fire Facility Master Plan FIRE /EMS Airpacks 911 Center Street Improvements RCIT Improvements Passenger Rail Fleet Capital Replacements Technology Capital Total Debt Seance % of Expenditure Budget 2018 2019 2020 2021 2022 Total $ 12,700,000 $ 12,700,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 40,400,000 - - - 11,000,000 11,000,000 22,000,000 4,156,000 670,000 500,000 5,310,000 2,399,000 13,035,000 2,500,000 2,500,000 1,000,000 1,000,000 1,000,000 8,000,000 1,000,000 1,500,000 1,500,000 1,500,000 1,500,000 7,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 10,000,000 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 7,500,000 - 500,000 500,000 500,000 500,000 2,000,000 375,000 5,025,000 - - 645,000 6,045,000 1,400,000 - - - - 1,400,000 - 7,500,000 - - - 7,500,000 700,000 - - - - 700,000 600,000 900,000 - - - 1,500,000 - - - - 2,500,000 2,500,000 3,500,000 1,700,000 1,600,000 600,000 600,000 8,000,000 1,775,000 2,160,000 1,545,000 - - 5,480,000 $ 32,206,000 $ 38,655,000 $ 15,145,000 $ 28,410,000 $ 28,644,000 $ 143,060,000 7.88% 8.16% 8.67% 8.10% 8.37% Additional debt service funding required for FY2019 -2020 to fund current plan 49 CIP Funding Issues • Projects — Tinker Creek Greenway /Bridge the Gap • Revenue sharing • Use of Parks & Recreation Master Plan funding — Choice Neighborhoods • Planning — Downtown Plan Update (2017) — Parks and Recreation Master Plan Update (2018) — City Comprehensive Plan Update (2018 -2019) • Williamson Road Streetscapes /Street Improvements 50 5 Year Forecast Assumption lPermntage and Time Period Operating Expenditure Growth REVENUES AND EXPENDITURES % in FY 19 -22 Real Estate Tax Growth 1% - 2% in FY 19 -22 Personal Property Tax Growth $350.0 Prepared Food and Beverage Tax Growth 1 % in FY 19 -22 II Other Revenue Growth 2% in FY 19 -22 $300.0 z z J cJ_ L N $250.0 $200.0 FY2017P fY2018E FY2019F FY2020F FY2021F FY2022F IIIIIIIIIIIIIIIIIIIIIVARIANCE $- $- $(1.2) $(5.2) $(11.0) $(36.5) VAR BASE $277.4 $282.8 $288.6 $297.6 $308.4 $319.2 — REVENUE $277.4 $282.8 $287.5 $292.5 $297.4 $302.7 EXPENDITURES $277.4 $282.8 $288.6 $297.6 $308.4 $319.2 Assumption lPermntage and Time Period Operating Expenditure Growth 1.5 % -2 %in FY 19 -22 Salary Increases % in FY 19 -22 Real Estate Tax Growth 1% - 2% in FY 19 -22 Personal Property Tax Growth 2% in FY 19 -22 Prepared Food and Beverage Tax Growth 1 % in FY 19 -22 II Other Revenue Growth 2% in FY 19 -22 51 City of Roanoke Priorities Assure a desirable region where judicial needs are met and citizens feel safe in their community. Safety Economy Enhance Roanoke's exceptional vitality as an attractive, diverse, culturally inclusive, vibrant and active city in which to live, learn, work and play. Maintain and build quality infrastructure that supports healthy residential neighborhoods, successful commercial areas, and accessible public facilities and amenities. I Livability L Infrastructure Cultivate a thriving business environment and innovative workforce opportunities to ensure the prosperity of our community, recognizing our role in both the regional and global economies. Foster an environment for lifelong learning which encompasses cradle to Education career and beyond through shared services and community involvement. I 3ood Govemment Provide exceptional, yet cost Human Services competitive govemment services that are collaborative, transparent, responsive, and innovative. Foster a caring community that utilizes an equitable, regional, and collaborative approach to encourage preventative measures, intervention services, and self - sufficiency while providing a social safety net for citizens. 52 FY19 Budget Development Process • Methodology Choices — Continuation of reductions methodology — broader number of services reduced — Fund higher priority services /programs at a level to do them well and suspend /eliminate lower priority services /programs — Seek additional revenue sources 53