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Home My WebLink AboutCouncil Actions 01-16-18DYKSTRA 41029 - 011618 ROANOKE CITY COUNCIL REGULAR SESSION JANUARY 16, 2018 2:00 P.M. CITY COUNCIL CHAMBER EN 4►m 1. Call to Order - -Roll Call. All present. The Invocation was delivered by The Reverend T. G. Ayers, Pastor, Community Advent Christian 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, January 18 at 7:00 p.m., and Saturday, January 20 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: Fair Housing Board —one vacancy Term of office ending March 31, 2021 Mill Mountain Advisory Board — one vacancy Unexpired term of office ending June 30, 2018 Parks and Recreation Advisory Board — one vacancy Term of office ending March 31, 2021 Roanoke Neighborhood Advocates — one vacancy Unexpired term of office ending June 30, 2020 Access the City's homepage to complete an online application for the abovementioned vacancies. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Robert Gravely, 3360 Hershberger Road, N.W., appeared before the Council and quoted biblical scriptures as they pertain to City operations. 4. CONSENT AGENDA: (APPROVED 7.0) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C -1 Minutes of the regular meeting of City Council held on Tuesday, January 2, 2018, RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 Comprehensive Annual Financial Report (CAFR) of the Western Virginia Water Authority for Fiscal Year 2017. RECOMMENDED ACTION: Received and filed. C -3 Report of qualification of Erin B. Ashwell as a member of the Roanoke Public Library Board for a three -year term of office ending June 30, 2020. 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: Capital Improvement Program Project Update - 30 minutes Update received and filed. ITEMS RECOMMENDED FOR ACTION: 1. Recognition of the Western Virginia Workforce Development Board Program Year 2017 Workforce Innovation and Opportunity Act (W IOA) funds for award period July 1, 2017 to June 30, 2019. Adopted Resolution No. 41029-011618. (7 -0) 2. Acceptance of the Commonwealth's Development Opportunity Fund Grant from the Virginia Economic Development Partnership Authority, and execution of a Performance Agreement among the City of Roanoke, Economic Development Authority of the City of Roanoke and Atlantic Credit and Finance, Inc., for the improvements and equipping of offices at 111 Franklin Road, S. E. Adopted Ordinance No. 41030. 011618 and Budget Ordinance No. 41031-011618. (7 -0). 3. Amendment of City Code with regard to Permit for Public Assemblies. Adopted Ordinance No. 41032-011618. (7 -0) 4. Acquisition of real property rights for Shaffer's Crossing Pedestrian Boardwalk Replacement Project. Adopted Ordinance No. 41033 - 011618. (6 -0, Council Member Bestpitch was not present when vote was recorded.) 3 COMMENTS OF THE CITY MANAGER. AARP Website recognition • In the Travel Section of AARP's online - publication, Roanoke was cited as a Top U.S. Destination for 2018. • Recognitions such as this one are the result of the promotion and publicity provided by staff at Visit Virginia's Blue Ridge and its public relations program. • In November 2017, Visit VBR made a feeder market visit to Washington D.C. where the PR team met with key publications and media in the D.C. -area to promote Virginia's Blue Ridge. Solid Waste Collection Fee Due in February • On Friday, the City Treasurer's Office mailed bills for the first installment of the Solid Waste Collection Fee to property owners that receive solid waste collection services from the city. • A mailer with information about the fee and a copy of a sample bill was sent to property owners in December 2017. • In addition to paying in person at Treasurer's Office in the Noel C. Taylor Municipal Building, this bill may be paid online using an E -check or credit card. For more information, contact the Solid Waste Division at 540 - 853 -2000, Option 1. • The fee is due on Thursday, February 15. • In the future, property owners who have their real estate tax bills mailed directly to them will see the Solid Waste Collection fee included as a separate item on the bills that they receive in the fall and spring of each year. • For many property owners, real estate taxes are paid through their mortgage escrow. Those owners will likely see a subsequent adjustment in their escrow payments to offset the Solid Waste Collection fee. Changes to Solid Waste Collection Schedule • City offices were closed on Monday for the Martin Luther King Jr. Day holiday. • As a result, collection of trash, bulk, brush, and "B" week recycling will be delayed one day throughout the week. • Citizens who have questions about their trash collection should contact the Solid Waste Division at 540 - 853 -2000, Option 1. 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 City Manager recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance 41034. 011618. (7 -0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. 12. RECESSED - 4:06 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER. 5 ROANOKE CITY COUNCIL REGULAR SESSION JANUARY 16, 2018 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order- -Roll Call. vice -Mayor Price was absent. The Invocation was delivered by The Reverend Doug B. Paysour, Pastor, Windsor Hills United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. Welcome. Mayor Lea. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, January 18 at 7:00 p.m., and Saturday, January 20 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 Edward G. Murphy, M.D., former President and Chief Executive Officer of Carilion Clinic. Adopted Resolution No. 41035 - 011618. (6 -0) A resolution recognizing the Roanoke Catholic High School Football Team as the VIS Division III State Champions. Adopted Resolution No. 41036- 011618. (6.0) B. PUBLIC HEARINGS: Proposal of the City of Roanoke to consider an amendment to the City Code regarding the collection of the stormwater utility fee to be included on the real estate tax statement. Daniel J. Callaghan, City Attorney. Adopted Ordinance No. 41037-011618. (6 -0) C. OTHER BUSINESS: Amendment to the City Code regarding the collection of solid waste fees included on the real estate tax statement. Daniel J. Callaghan, City Attorney. Adopted Ordinance No. 41038-011618. (6.0) D. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. Council Member Ferris and City administrators will be attending the 2018 Virginia Municipal League Day on January 31 in Richmond, Virginia. . Mayor Lea will be attending the U.S. Conference of Mayors on January 24 - and 25" in Washington, D.C. The City of Roanoke's 2017 Service Awards and Employee Recognition Breakfast will be held at the Holiday Inn Valley View at 7:30 a.m. on Wednesday, January 17, 2018, to honor those employees with 10, 15, 20, 25 30, 35, 40 and 45 years of service with the City. E. ADJOURN - 7:47 P.M. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 1 'elephoae: (540) 853 -2541 Fnx: (540) 853 -1145 S'l EPIIANIE M. MOON REYNOLDS, MMC E -mail: a leikilroaaokevng,tv C'ECELIA F. MCCOV City Clerk Depaty City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk January 18, 2018 Reverend T. G. Ayers Community Advent Christian Church 4512 Old Mountain Road, N. E. Roanoke, Virginia 24019 Dear Reverend Ayers: 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 Tuesday, January 16, 2018. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, M. nolds d � Stephanie M. Moon Rey, MMC City Clerk CITY OF ROANOKE OFFICE OF'FHE. CITY CLERK 215 C lOn A Avenue, S. W., Room 456 e Rnunoke, Virgiuiu 241111 -1536 rele,l a te: (541) X53 -2541 F.': (541)853-1145 S "ITP11ANIE M. MOON REYNOLDS, MM( E -nenil: derk(nmuutkce.,), C'ECELIAF.MCCOY C 1(y (Yerk Deputy City Clerk January 17, 2018 Sheila Umberger, Secretary Roanoke Public Library Board Roanoke, Virginia Dear Ms. Umberger: C ECELIA T. W EBB, ('MC Asietnnt Deputy City Clerk This is to advise you that Erin B. Ashwell has qualified as a member of the Roanoke Public Library Board for a three -year term of office ending June 30, 2020. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Erin B. Ashwell, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Public Library Board for a three -year term of office of ending June 30, 2020, according to the best of my ability. So help me God. ERIN B. ASHWELL The foregoing oath ttof office was taken, sworn to, and subscribed before me by Erin B. Ashwell this2mday of PtWOCr2017. Brenda S. Hamilton, Clerk of the Circuit Court 1/16/2018 City Council Budget Briefing FY 2018 -2019 Tuesday, January 16, 2018 Capital Improvement Program (CIP) Project Update • Current update to CIP (FY 2018 -2022) approved by City Council on May 15, 2017 • Council appropriated funding for FY 2018 on July 17. 2017 • Briefings on the CIP Update: • City Council Financial Planning Retreat —September 23, 2016 • City Council Work Sessions on: • February 3, 2017 • March 6, 2017 1/16/2018 E -911 Center • Joint project with Virginia Utility Protection Service (VUPS — 811) • Design /Build Project - Plans at 35% completion • Cost estimate being validated to project budget • Construction in Fall 2018 • Total project budget - $9.25 million Library Master Plan • Williamson Road Branch expansion /renovation completed • Melrose Branch at Goodwill • Bids opened on January 4, 2018 • Total project budget - $4.5 million • Low bid within project budget • Construction anticipated to begin in February/March 1/16/2018 Fire Facility Master Plan — Station 7 • Fire -EMS Station 7 originally constructed in 1922 • Two story, 4,500 sf building • Two apparatus bays • Sleeping quarters, restrooms, kitchen on second level • Building Challenges • Apparatus bays too small for modern equipment • Cannot accommodate male and female firefighters • Plumbing, mechanical, and electrical systems near end of useful life • ADA accessibility Fire Facility Master Plan — Station 7 • Proposals solicited for design of Fire -EMS Station 7 replacement on existing Memorial Avenue site • Current location maximizes response times based on available property and primary geographic area the station serves • Design solicitation based on program of work identified via conceptual design process • Consideration will be given to replicating original building fapde elements into new building • Design contract negotiated and contract award is pending • Meetings with neighborhood association stakeholders held to explain project need and scope • Plan to include neighborhood stakeholders in design process 1/16/2018 Fire Facility Master Plan — Station 7 • New Station Concept Plan • Two story building - 14,613 sf • Three apparatus bays • Training /community room • Station Office • Sleeping quarters • Kitchen /dining area • Total project budget - $5.4 million 1/16/2015 Fire -EMS Station 7 — Proposed Site Plan tr 9TE %AN ME STATION NO 1 C H Park and Recreation Master Plan - Greenways • Roanoke River Greenway— Bridge The Gap • Phase I (Aerial Way to Norfolk Southern Materials Yard) under construction with expected completion late summer 2018 • Phase II (Norfolk Southern Materials Yard to Bridge Street) construction pending • Total project cost - $11.5 million • Project will require additional funds • Tinker Creek Greenway (Fallon Park to RCIT) • Pending engineering design • Total project cost - $6 million • Project will require additional funds • Completion by February 2021 1/16/2018 Parks and Recreation Master Plan • FY 2018 and FY 2019 project funding reserved to address additional funding needs for Roanoke River Greenway Bridge The Gap and Tinker Creek Greenway • Rivers Edge North • Preliminary Engineering • Planning /Scoping • Master Plan Update Process to be completed by Fall 2018 • Revised Priorities /Project List • Recalculation of Five -Year Funding Stormwater Projects • Projects Completed /Substantial Completion • Projects include Inglewood Rd — Hartland Rd, Trevino — Monterey, Queen St — Courtland • Projects Under Design, Design Complete /Right -of- Way Acquisition • Projects include Cove Rd- Dansbury, Sample Ave— Crown Point Rd., Narrows Lane, Troxell Rd -Mabry, Sunrise Ave. — Oakland Blvd • Total Anticipated FY 2018 Expenditure - $3.6 million 1/16/2018 Bridge Program • Franklin Road Bridge Replacement • Approximately 50% complete • Subsurface foundation work complete • Currently working on pier and abutment reconstruction • Total project budget —$15.2 million • Anticipated completion in January 2019 Bridge Program — Wasena /Main Street • Wasena /Main Street Bridge Replacement • Council briefed on potential design elements on December 5, 2016 • Contract award pending for design and engineering • Construction anticipated to begin in Fy 2021 • Total project budget- $24 million 1/16/2018 Bridge Program — Wasena /Main Street • Current Plan - Bridge Replacement • Structure constructed in 1938 • Steel Two - Girder Structure— Fracture Critical • Overall condition - Fair • Project scope includes construction of new bridge — superstructure, abutments, and piers • Duration of closure — 2 to 2.5 years • Length of closure can potentially be minimized with some pier construction completed beneath existing structure • Designed for service life of 75 years Bridge Program — Wasena Main Street Alternative - Superstructure Replacement • Replace existing concrete deck and steel girder superstructure • Reuse existing abutments and piers with modifications to accommodate superstructure • Lower cost— Approximately $16 million • Duration of closure — 2years • New superstructure designed for service life of 75 years • Reuse of existing piers reduces service life by approximately 35 years 1/16/2018 Street Improvement Projects • King Street at Orange Avenue • Project substantially complete • Total project budget - $2.5 million • 10th Street (VDOT Project) - $22.8 million • Segment 1 (Fairfax to Andrews) under construction • Fairfax to Orange substantially complete • Installation of precast concrete arch bridge at Lick gun completed • Expected completion Spring /Summer 2018 M- Street Improvement Projects • 10th Street (continued) - $17.8 million • Segment 2 (Andrews to Williamson) under construction • Expected completion Summer /Fall 2019 • Colonial Avenue Improvements • Total project budget- $7.7 million • Low bid within project budget • Low bid under review by VDOT • Contract award pending Revenue System • Selected cooperative procurement (City of Charlottesville) • Identified and documented revenue system requirements • Established specific hardware needs (DoT, Treasurer and Commissioner) • Currently negotiating contract with vendor • Targeting go -live in Calendar Year 2020 • Total project budget - $1.46 million 1/16/2018 10 DECLARATION OF JOHN A. GARLAND 1, John A. Garland, make the following declaration regarding the briefing at Item 7 a in the January 16, 2018 City Council Agenda for the 2:00 p.m. session of City Council. The briefing involves an update on the City's Capital Improvement Program Project ( "CIP Project ") to be presented by City staff. I am a member of Main Street Village Center, LLC, a Virginia limited liability company (the "Company "). The Company is the owner of three parcels of real property, situated at 1107, 1109 and 1114 Main Street S.W., bearing Official Tax Map Nos. 1222221, 1222220, and 1130108, respectively (collectively, the "Company Properties "). The Company Properties are located south of the Wasena Bridge. Replacement of the Wasena Bridge is a capital improvement project (the "Wasena Project ") that will be a part of the briefing today. The Company Properties, along with many other properties in the area of the Wasena Bridge may be affected by the Wasena Project. Under Sections 2.2 -31 14 (B) (1) and (3) of the Code of Virginia, the Company is one of many property owners that may be affected by the Wasena Project. I believe that I can act fairly, objectively, and in the public interest in the discussion of the CIP Project, generally, and the Wasena Project, specifically. Based on the foregoing, I intend participate in the discussions involving the CIP Program. In the event that the circumstances on which I make this decision change, I will determine at such time whether a conflict of interest, or the appearance of a conflict of interest, exists and take appropriate action at that time. I make this declaration in compliance with the requirements of Section 2.2 -3314 (H). I request that the City Clerk maintain a copy of this statement with the minutes of this meeting of City Council. Dated this 16" day of January, 2018. Joh A. G M tuber of Counci] Council Slateinrnl (01.162018) Council Meeting Presentation on Wasena Bridge and Grandin Fire Station First I apologize for having comments that are late in the game and if it is too late, then I certainly understand. Secondly, I want to commend our staff and dept. heads on their due diligence on all of these projects, including the Wasena Bridge and Grandin Fire Station, which I would like to speak about. When I first raised concerns on these 2 projects to Bob Cowell, our City Manager, he was very accommodating and set up meetings for me with the appropriate staff and consultants. All were extremely helpful and knowledgeable and amendable to alternate ideas. First the Fire Station — I have discussed with Chief Hoback at the Manager's meeting, I have discussed with locally interested historic preservationists, including Alison Blanton, I have attended neighborhood presentations on the project and I have read the consultant's study prepared by Spectrum Design. In my meeting with the Chief, I had asked that an alternate site selection be reviewed, and I had asked to study an option where the oldest portion of the fire station remain and be utilized for programmed space, such as the community room, or fitness room, or storage areas, etc, since the existing fire truck bay was not suitably sized. This option would still expand the site towards Grandin and then build the new fire truck bays as an addition, to the right and at an angle to the existing station. This mirrors the current design of a complete new build. Regarding alternate sites, which appear to be only available down Roanoke Street and at the Patrick Henry complex, both of which, were stated to not be ideal. Deferring to the Chief's expertise, that makes utilizing the expanded site, but saving the historic portion of the existing building, the most attractive in terms of saving the existing building. This option has not been studied in detail, as it was dismissed from consideration in the Spectrum study. I request that the design architect that has now been hired be asked to perform a schematic study of how the oldest portion of the fire station can be saved and utilized for programmed spaces. This would save the cost of demolition, save the cost of a rebuild of usable space, but may slightly increase the total square footage, but probably no net increase in the project cost. Now, regarding the Wasena Bridge — I have met twice with staff and consultants, again under Bob Cowell's purview, I have read the last bridge inspection report and I have discussed with affected business owners. At the first meeting I expressed my concerns regarding the estimated 2 year closure of Main Street and the effect this would have on the Wasena Community, particularly the businesses. Wasena's bridge closure is different than the Franklin Road bridge closure, in that the Roy L. Webber expressway still provided a very similar way in and out of the community. Additionally, the business owners in the area were not aware of the future closure. In reaching out to Ed Walker, he stated the following: "Well, I agree that would be brutal for everyone. Main St is Us 221 and for downtown, old sw, Waseno citizens and businesses, it would be potentially devastating. Presumably, they are doing an impact analysis. The last thing Roo needs now is two years of enhanced disconnection. " I had asked if the bridge could be rehabilitated and keep at least one lane of traffic open. The second meeting was a presentation of the rehab alternative, as compared to the replace option. However, the rehab option presumed that a bridge built as a two - girder bridge would not be acceptable, therefore making this alternative not fare well when compared to the replacement option. Modifications to the existing piers and footings to not use the girder system were costly and still closed the bridge for an extended period of time. For bridges you can repair, rehabilitate or rehab. For the City's double - girder bridges the decision has been to replace. For the City's arched concrete bridges, the decision has been to rehabilitate. This includes Memorial, Walnut and Jefferson. The current needed repairs, per last years bridge inspection involves approximately $1.2M in repairs. My suggestion is to broaden the repair option and keep the 2- girder scenario, as currently exists, and make repairs to the girders. The bridge is not in any imminent danger of failure and the number of lanes and capacity are adequate and will not be changed if anew bridge is constructed. My contention is that if we spend $22.OM, versus the cost of an enhanced repair option, we will essentially have a bridge that does exactly the same thing, albeit, one can make the argument that the life expectancy would be longer for a new bridge. However, bridges, like buildings last as long as they are maintained, assuming no catastrophic event. Many fine examples exist, proving this point. I make the analogy to old worn out buildings that are not designed in accordance with today's standards. If we replaced all old buildings that have served their useful life and have old construction techniques, then most old buildings would disappear. Such examples include the Jefferson Center and Warehouse Row. So, in conclusion, I am asking that an enhanced repair option be the selected option, and we reprioritize the money saved to the many demands we have in our City for infrastructure improvements. Again, I know, it is late in the game, as the consultant for the bridge replacement has already been selected, but contractually the City has the right to exercise the option to not move forward. Additionally, I would not recommend that the selected engineer be the engineer to study the repair option, as it would be difficult to remain unbiased. Stormwater — need plan update for downtown watershed, including an update on my request for a possible stormwater sewer that intercepts drainage at loth and Campbell and diverts to the Roanoke River. IN TI IF. COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of January, 2018. No. 41029 - 011618. A RESOLUTION acknowledging and recognizing the PY2017 Workforce Innovation and Opportunity Act ( "WIOA ") funding from the Virginia Community College System in the amount of $1,299,786 for WIOA activities, for the award period of July 1, 2017, through June 30, 2019, the foregoing funding to be administered by the Western Virginia Workforce Development Board. WHEREAS, pursuant to the WIOA that was enacted on July 22, 2014 and replaced the Workforce Investment Act of 1998, federal funding is provided to support various programs in support of various client populations as more particularly described in the City Council Agenda Report dated January 16, 2018; and WHEREAS, the Roanoke Valley - Alleghany Regional Commission was designated as the fiscal agent for WIOA funds and administers the federal funds provided by WIOA through the Virginia Community College System for Local Workforce Area 111, the designated area which encompasses the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke, and the cities of Covington, Roanoke, and Salem. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I. Council acknowledges and recognizes for the purpose of administering the Western Virginia Workforce Development Board, the PY2017 WIOA funding in the amount of $1,299,786 from the Virginia Community College System, with no local match from the City, to be administered by the Western Virginia Workforce Development Board, and to be used during the award period of July 1, 2017, through June 30, 2019, for the purpose of administering the Racknowledge and recognize Western Va Workforce Development- FY2017 farding(1 16 .18) WIUA activities, as more particularly set out in the City Council Agenda Report dated January 16, 2018. 2. The City Manager is directed to furnish such additional information as may be required in connection with the acknowledgement and recognition of the foregoing funding. The City Clerk is directed to provide an attested copy of this Resolution to the Western Virginia Workforce Development Board. A'ITFST: City Clerk. C R,,.p,,c Wale. Vo Wove,. Devd,.m M- FY2017 Wd,ng.(1. 1 6.18) �o CITY COUNCIL AGENDA REPORT NSA To: Honorable Mayor and Members of City Council Meeting: January 16, 2018 Subject: Funding for Western Virginia Workforce Development Board Workforce Innovation and Opportunity Act (WIOA) Programs Background: The Workforce Innovation and Opportunity Act (WIOA) was signed into law on July 22, 2014 and replaced the Workforce Investment Act of 1998 (WIA). WIOA provisions related to Department of Labor Programs were effective July 1, 2015. The City of Roanoke is the grant recipient for Workforce Innovation and Opportunity Act (WIOA) funding, thus, City Council must recognize the grant funding received, in order for the Western Virginia Workforce Development Board to administer WIOA programs in Local Workforce Development Area III of Virginia. The Roanoke Valley - Alleghany Regional Commission serves as the fiscal agent for The Western Virginia Workforce Development Board and the WIOA funds allocated to Area III which encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem. WIOA funding is for four primary client populations: • Dislocated workers who have been laid off from employment through no fault of their own. Services provided these individuals include intensive job search assistance and employment counseling, additional training to upgrade skills or obtain initial certification or degree, on the job training and supportive services. • Economically disadvantaged individuals as determined by household income guidelines defined by the U.S. Department of Labor. Services provided these individuals include intensive job search assistance and employment counseling, additional training to upgrade skills or obtain initial certification or degree, on the job training and supportive services. • Youth who are economically disadvantaged, or who have other barriers to becoming successfully employed adults. Services provided these individuals include career counseling and exploration, incentives to remain in school, work readiness classes, summer work program, mentoring, tutoring and post secondary education /training. • Businesses in need of employment and job training services. The City of Roanoke has received a Notice of Obligation, on behalf of the Western Virginia Workforce Development Board, from the Virginia Community College System, allocating $1,299,786 of PY2017 WIOA funds, for WIOA Activities for award period July 1, 2017 -June 30, 2019. Considerations: • Program Operations - Existing activities will continue and planned programs will be implemented. • Funding - Funds are available from the Grantor agency and other sources as indicated, at no additional cost to the City. Recommended Action: Recognize the Western Virginia Workforce Development Board PY2017 WIOA funds of $1,299,786 for award period July 1, 2017 to June 30, 2019. ROBERT S. COWELL, JR. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Steven Martin, Director of Human /Social Services #CM 1 7 -001 55 )'u IN 'I I Ili COUNCIL OF I I Ili C'I"I'Y Olt ROANOKE, VIRGINIA The 16th day of January, 2018. No. 41030- 01.1618. AN ORDINANCE authorizing the proper City officials to execute a Commonwealth's Development Opportunity I'und Performance Agreement (the "Perl'onnance Agreement ") among the City of Roanoke, Virginia (the "City "), the Economic Development Authority of the City of Roanoke, Virginia (the "FDA"), and Atlantic Credit & Finance, Inc. ( "Atlantic "), a Virginia corporation, that provides for a grunt in the amount of $250,000 subject to certain undertakings and obligations by the parties for the purpose of inducing Atlantic to make capital investments consisting of building up -fit and tenant improvements to existing offices located at I I I Franklin Road, ST., Roanoke, Virginia ( "Property ") and to hire new employees; authorizing the City Manager to accept the COE Grant, defined below, with the requirement that Atlantic achieve certain Local incentives as described in the Performance Agreement and to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the Performance Agreement; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City has been awarded a grant of and expects to receive $250,000 from the Commonwealth's Development Opportunity Fund (a "COF Grant ") through the Virginia Economic Development Partnership Authority (the "VEDP ") for the purpose of inducing Atlantic to make capital investments consisting of building up -fit and tenant improvements to existing offices located at the Property and to hire new employees, as set forth in the City Council Agenda Report dated January 16, 2018 (the "Agenda Report"); ONlnenec Authorizing COF Performance Agreement — Atlantic Cmd'a @ Foance(l. 16,18) WHEREAS, the Performance Agreement requires the City and FDA to provide Local Incentives to Atlantic in an amount at least equal to the amount of the COF Grant, all as more particularly set forth in the Agenda Report; WHEREAS, Atlantic has requested an economic development grant through the VEDP to assist with the cost of making capital investments at the Property; WI lFREAS, pursuant to the Performance Agreement, the City is required to disburse the proceeds of the COT Grant to Atlantic, subject to Atlantic's promises and commitments to meet certain undertakings and obligations; WI IFRFAS, City staff has advised Council that the improvements will benefit economic development within the City and the Roanoke Region, and the improvements will provide additional tax revenue and services to benefit the citizens of the City and the Roanoke Region; and WHEREAS, the City and the EDA wish to encourage Atlantic to complete the improvements in order to enhance and promote economic development within the City and the Roanoke Region. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: City Council hereby approves the terms of the Performance Agreement among the City, the FDA, and Atlantic, as set forth in the attachment to the Agenda Report, which provides for certain undertakings and obligations by Atlantic, as well as certain undertakings by the City and the EDA. City Council further finds that the economic development grant provided for by the Performance Agreement will promote economic development within the City and the Roanoke Region and will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to accept the COE Grant and execute the Performance Agreement among the City, the EDA, and Atlantic, upon 2 Ordinance Authonnng COF Feefonnanw Agreement —ANI ,K Cmalt & FIII nM,O 16 .18) certain terms and conditions as set forth in the Agenda Report. l'hc Petimmance Agreement shall be substantially similar to the one attached to such Agenda Report and in a form approved by the City Attorney. Such Performance Agreement will also be subject to the approval of the EDA. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the Performance Agreement, including, without limitation, requesting and receiving the proceeds of the COF Grant from the V EDP and delivering the proceeds of the COF Grant to Atlantic in accordance with the performance Agreement. Such other documents shall be in a form approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. 3 O,dinenae AUthoraing C06 Pcrfttr ,nnce Agreement— Atlantle Credit & Flnance(I. 16 .18) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of January, 2018. No. 41031- 011618. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia through the Virginia Economic Development Partnership Authority for a Development Opportunity Fund Grant, amending and reordaining certain sections of the 2017 -2018 Capital Projects and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2017 -2018 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Transfer to Grant Fund Fund Balance Economic and Community Development Reserve - Unappropriated Grant Fund Appropriations Performance Agreement Revenues VEDP COF Atlantic Credit & Finance FY18 — State VEDP COF Atlantic Credit & Finance FY18 - Local 08- 250 - 9310 -9535 $ 125,000 08 -3365 (125,000) 35- 310 - 8197 -9980 375,000 35- 310 -8197 -8197 250,000 35- 310 - 8197 -8198 125,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. TTE T: m. � W , City Clerk. r @CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 16, 2018 Subject: Commonwealth's Development Opportunity Fund Performance Agreement among the City of Roanoke, Economic Development Authority of the City of Roanoke, Virginia, and Atlantic Credit & Finance, Inc. for the improvement and equipping of offices located at 111 Franklin Road, S. E., Roanoke, Virginia Background: The Commonwealth of Virginia, through the Virginia Economic Development Partnership Authority (VEDP), has awarded a Commonwealth's Development Opportunity Fund grant of $250,000 (COF Grant) to the City of Roanoke for the purpose of inducing Atlantic Credit & Finance, Inc. (ACF), a Virginia corporation, to make capital investments consisting of building up -fit and tenant improvements to existing offices located at 111 Franklin Road, S. E., Roanoke, Virginia, (Facility) and to hire new employees. The COF Grant requires an equal matching amount that will be provided by the City ($125,000) and the Economic Development Authority of the City of Roanoke, Virginia (EDA) ($125,000). The COF Grant and the local matching funds are subject to certain performance requirements. These requirements are included in the attached proposed Commonwealth's Development Opportunity Fund Performance Agreement (Agreement) among the City, EDA, and ACF. Considerations: The COF Grant will be disbursed by VEDP to the City upon receipt of a fully executed performance agreement. The City will transfer funds to the EDA and the EDA will make one payment to ACF as follows: ACF will provide notice and evidence reasonably satisfactory to the City, EDA, and VEDP that it has (1) created and maintained at least 72 New Jobs of the 115 total New Jobs to be created, (2) received a Certificate of Occupancy for the Facility, and (3) made Capital Investments of at least $4,000,000. Such evidence will be subject to verification by the City and VEDP. Within 30 days of the verification, the City will disburse $250,000 of the COF Grant proceeds and an additional $125,000 to the EDA. Within 30 days of its receipt of such COF Grant proceeds and City funds, the EDA will disburse such COF Grant proceeds combined with City funds totaling $375,000 and an additional $125,000 of the match funds to ACF. Pursuant to the terms of the Agreement, ACF must satisfy its performance obligations by March 1, 2021, unless an extension is approved by VEDP as provided in the Agreement. In the event that ACF does not satisfy the COF Grant requirements and no payments are made to ACF, the City will return the full amount of the COF Grant to VEDP. If some, but not all the requirements are satisfied, the City will return a portion of the COF grant proceeds to VEDP as provided in the Agreement. Recommended Action Adopt the attached ordinance authorizing the City Manager to accept the COF Grant, and execute an agreement substantially similar to the Agreement attached to this Agenda Report, and execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such agreement. All documents are subject to approval as to form by the City Attorney. Adopt the accompanying Budget Ordinance to establish a revenue estimate to receive the $250,000 COF Grant, appropriate $125,000 of matching funds from the Economic and Community Development Reserve, and establish a corresponding expenditure account for transfer of the funds to the EDA pursuant to the terms of the Agreement. Robert S. Cowell, Jr. City Manager Attachments Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director, Department of Finance Rob Ledger, Acting Director, Economic Development Department COMMONWEALTH'S DEVELOPMENT OPPORTUNITY FUND AND CITY OF ROANOKE LOCAL GRANT PERFORMANCE AGREEMENT This PERFORMANCE AGREEMENT made and entered this day of January, 2018, by and among the CITY OF ROANOKE, VIRGINIA (the "Locality ") a municipal corporation of the Commonwealth of Virginia (the "Commonwealth "), ATLANTIC CREDIT & FINANCE, INC. (the "Company "), a Virginia corporation, and the ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA (the "Authority "), a political subdivision of the Commonwealth. WITNESSETH: WHEREAS, the Locality has been awarded a grant of and expects to receive $250,000 from the Commonwealth's Development Opportunity Fund (a "COT Grant ") through the Virginia Economic Development Partnership Authority ( "VEDP ") for the purpose of inducing the Company to lease an existing building in the Locality and equip, improve, and operate an office and headquarters facility in the Locality (the "Facility"), thereby making a significant Capital Investment, and creating and Maintaining a significant number of New Jobs, as such capitalized terms are hereinafter defined; WHEREAS, the Locality and the Authority have determined to make a second grant in the amount of $250,000 (the "Local Grant ") as additional inducement for the Company to move its operations in the Locality to a new location, thereby improving, equipping and operating an office and headquarters facility to be located in an existing building in the Locality (the "Facility"), thereby making a significant Capital Investment, and creating and Maintaining a significant number of New Jobs, as such capitalized terms are hereinafter defined; WHEREAS, the Locality is willing to provide the COT Grant and one -half of the Local Grant to the Authority with the expectation that the Authority will match the Locality's one -half of the Local Grant and provide the COF Grant and the Local Grant (the "Grants ") to or for the use of the Company, provided that the Company promises to meet certain criteria relating to Capital Investment and New Jobs; WHEREAS, the Locality, the Authority and the Company desire to set forth their understanding and agreement as to the payout of the Grants, the use of the proceeds of the Grants, the obligations of the Company regarding Capital Investment and New Jobs, and the repayment by the Company of all or part of the Grants under certain circumstances; WHEREAS, the leasing, equipping, improvement, and operation of the Facility will entail a capital expenditure by or on behalf of the Company of approximately $4,000,000, of which approximately $1,500,000 will be invested in furniture, fixtures, and equipment and approximately $2,500,000 will be invested in the renovation and up -fit of the Facility; Atlantic COF Performance Agreement WHEREAS, the leasing, equipping, improvement, and operation of the Facility will further entail the creation and Maintenance of 115 New Jobs at the Facility; and WHEREAS, the stimulation of the additional tax revenue and economic activity to be generated by the Capital Investment and New Jobs constitutes a valid public purpose for the expenditure of public funds and is the animating purpose for each of the Grants: NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows. Section 1. Definitions. For the purposes of this Agreement, the following terms shall have the following definitions: "Capital Investment" means a capital expenditure by or on behalf of the Company, including but not limited to base building and leasehold improvements made by the Company's landlord, in taxable real property, taxable tangible personal property, or both, at the Facility. The Capital Investment must be in addition to the capital improvements at the Facility as of October 1, 2017. A capital expenditure related to a leasehold interest in real property will be considered to be made "on behalf of the Company" if a lease between a developer and the Company is a capital lease, or is an operating lease having a term of at least ten years, and the real property would not have been constructed or improved but for the Company's interest in leasing some or all of the real property. Only the capital expenditures allocated to the Facility will count as "Capital Investment " The purchase or lease of furniture, fixtures, and equipment, including under an operating lease, and expected building up -fit and tenant improvements by or on behalf of the Company will qualify as Capital Investment. "Maintain" means that the New .lobs will continue without interruption from the date of creation through the Performance Date. Positions for the New Jobs will be treated as Maintained during periods in which such positions are not filled due to (i) temporary reductions in the Company's employment levels or unanticipated resignations (so long as there is active recruitment for open positions), (ii) strikes, and (iii) other temporary work stoppages. "New Job" means new permanent full -time employment of an indefinite duration at the Facility for which the standard fringe benefits are provided by the Company for the employee, and for which the Company pays an average annual wage of at least $43,333. Each New Job must require a minimum of either (i) 35 hours of an employee's time per week for the entire normal year of the Company's operations, which "normal year" must consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth, and positions with construction contractors, vendors, suppliers and similar multiplier or spin -off jobs shall not Atlantic COF Performance Agreement qualify as New Jobs. The New Jobs must be in addition to the 244 full -time jobs as of January 1, 2018 to be moved from the Company's existing location in the Locality to the Facility. "Performance Date" means March 1, 2021. If the Locality, in consultation with the Authority and VEDP, deems that good faith and reasonable efforts have been made and are being made by the Company to achieve the Targets, the Locality shall request an extension of the Performance Date by up to 15 months. Any extension of the Performance Date shall require the prior approval of the Board of Directors of VEDP. If the Performance Date is extended, the Locality shall send written notice of the extension to the Authority, the Company and VEDP and the date to which the Performance Date has been extended shall be the "Performance Date" for the purposes of this Agreement. "Targets" means the Company's obligations to make Capital Investments at the Facility of at least $4,000,000 and to create and Maintain at least 115 New Jobs at the Facility, all as of the Performance Date. "Virginia Code" means the Code of Virginia of 1950, as amended. Section 2. Targets; Statutory Criteria. (a) Targets: The Company will lease, equip, improve, and operate the Facility in the Locality, make a Capital Investment of at least $4,000,000, and create and Maintain at least 115 New Jobs at the Facility, all as of the Performance Date. (b) Encouragement to Offer New Jobs to Residents of the Commonwealth: The Locality and the Authority hereby strongly encourage the Company to ensure that at least 30% of the New Jobs are offered to "Residents" of the Commonwealth, as defined in Virginia Code Section 58.1 -302. In pertinent part, that definition includes natural persons domiciled in Virginia or natural persons who, for an aggregate of more than 183 days of the year, maintained a place of abode within the Commonwealth, whether domiciled in the Commonwealth or not. (c) Prevailing Wage; Unemployment and Poverty Rates: The average annual wage of the New Jobs of at least $43,333 is less than the prevailing average annual wage in the Locality of $45,861, but is more than 85% of that prevailing average annual wage ($38,982). The Locality is a high- unemployment locality, with an unemployment rate for 2016, which is the last year for which such data is available, of 4.3% as compared to the 2016 statewide unemployment rate of 4.0 %. The Locality is a high - poverty locality, with a poverty rate for 2015, which is the last year for which such data is available, of 21.3% as compared to the 2015 statewide poverty rate of 11.2 %. (d) Disclosure of Political Contributions: The Company acknowledges that the time of the Company will be shared by VEDP with the Governor of Virginia, and any campaign committee or political action committee associated with the Governor. The Company acknowledges that within 18 months of the date of this Performance Agreement, the Governor, his campaign committee, and his political action committee will submit to the Virginia Conflict Atlantic COF Performance Agreement of Interest and Ethics Advisory Council a report listing any contribution, gift, or other item with a value greater than $100 provided by the Company to the Governor, his campaign committee, or his political action committee, respectively, during the period from the date of the Company's application for the COT Grant through the one -year period immediately after the date of this Agreement. Section 3. Disbursement of COF Grant (a) Disbursement of the COF Grant: By execution and delivery of this Agreement, the Locality requests that the COT Grant be disbursed to it. The disbursement of the COT Grant proceeds to the Company will serve as an inducement to the Company to achieve the Targets at the Facility. The COT Grant proceeds shall be retained by the Locality and shall be disbursed to the Company in one payment as follows: The Company will provide notice and evidence reasonably satisfactory to the Locality, the Authority, and VEDP that it has (i) made Capital Investments of at least $4,000,000 and (ii) created and maintained at least 72 New Jobs. Such evidence will be subject to verification by the Locality and VEDP. Within 30 days of the verification, the Locality will disburse all $250,000 of the COF Grant proceeds to the Authority. Within 30 days of its receipt of such COT Grant proceeds, the Authority will disburse such COT Grant proceeds to the Company. If any COT Grant proceeds have not been disbursed to the Company within 90 days after the Performance Date, the Locality shall return such proceeds to VEDP for redeposit to the Commonwealth's Development Opportunity Fund. (b) Use of the COF Grant Proceeds: The Company will use the COF Grant proceeds to pay or reimburse itself for the costs of build -out at the Facility and training, as permitted by Section 2.2- 115(D) of the Virginia Code. Section 4. Disbursement of Local Grant. (a) Disbursement of the Local Grant: The disbursement of the Local Grant proceeds to the Company will serve as a further inducement to the Company to achieve the Targets at the Facility. The Local Grant proceeds shall be provided by the Locality to the Authority, and shall be disbursed in one payment as follows: The Company will provide notice and evidence reasonably satisfactory to the Locality, the Authority, and VEDP that it has (1) created and maintained at least 72 New Jobs, (2) received a Certificate of Occupancy for the Facility, and (3) made Capital Investments of at least $4,000,000. Such evidence will be subject Atlantic COF Performance Agreement to verification by the Locality, Authority, and VEEP. Within 30 days of the verification, the Locality will disburse $125,000 to the Authority. Within 30 days of its receipt of such funds from the Locality, the Authority will disburse $250,000 to the Company. It is intended that the Local Grant Payment will be disbursed at the same time as the COT Grant Payment. For this Local Payment, the obligations of the Authority shall be limited to the amount received from the Locality plus $125,000 in Authority funds. Note: The Capital Investment amounts and New Jobs (and Maintenance thereof) refer to the same Capital Investment amounts and New Jobs (and Maintenance thereof) set forth in the COT Grant requirements referenced in this Agreement. (b) Use of the Local Grant Proceeds: The Company will use the Local Grant proceeds to pay or reimburse the costs of the up -fit of the Facility and training for new employees. Section 5. Break -Even Point; State and Local Incentives. (a) State -Level Incentives: VEDP has estimated that the Commonwealth will reach its "break -even point" by the Performance Date. The break -even point compares new revenues realized as a result of the Capital Investment and New Jobs at the Facility with the Commonwealth's expenditures on incentives, including but not limited to the COT Grant. With regard to the Facility, the Commonwealth expects to provide incentives in the following amounts: Category of Incentive: Total Amount COT Grant $250,000 Virginia Jobs Investment Program ( "VJIP ") (Estimated) 92,000 Enterprise Zone Job Creation Grant ( "BZJCG ") (Estimated) 409,600 The proceeds of the COF Grant shall be used for the purposes described in Section 3(b). The VJIP grant proceeds shall be used by the Company to pay or reimburse itself for recruitment and training costs. The proceeds of the EZJCG may be used by the Company for any lawful purpose. Atlantic COF Performance Agreement (b) Locality-Level Incentives: The Locality expects to provide the following incentives, as matching grants or otherwise, for the Facility: Category of Incentive: Total Amount Local Grant $250,000 Building Permit Fee Rebate (Estimated) 8,250 If, by the Performance Date, the funds disbursed or committed to be disbursed by the Locality to the Company total less than the $250,000 COF Grant local match requirement, the Locality, subject to appropriation, will make an additional grant to the Company of the difference at the Performance Date, so long as the Company has met its Targets. The proceeds of the Local Grant shall be used for the purposes described in Section 4(b). The proceeds of the Building Permit Fee Rebate will reflect cost savings to the Company. The rebate will be made under the terms of the Locality's Enterprise Zone One A Building Permit Fee Rebate Program. (e) Other Incentives: The qualification for, and payment of, VJIP, the EZJCG, and the Building Permit Fee Rebate will not be governed by this Agreement, but by separate arrangements between the Company and entity offering the other incentives. Section 6. Repayment Oblisation. (a) If Statutory Minimum Eligibility Requirements are Not Met: Section 2.2 -115 of the Virginia Code requires that the Company make a Capital Investment of at least $1,500,000 in the Facility and create and Maintain at least 15 New Jobs at the Facility in order to be eligible for the COF Grant. Failure by the Company to meet either of these statutory minimum eligibility requirements by the Performance Date shall constitute a breach of this Agreement and the Company must repay to the Authority all of the proceeds of the Grants previously disbursed to the Company. In such event, the Locality will repay to VEDP all of the COF Grant proceeds not previously disbursed to the Company. (b) Allocation of COF Grant and Local Grant Proceeds: For purposes of repayment under subsection (c), the COF Grant and Local Grant are each to be allocated as 50% (up to $125,000 each) for the Company's Capital Investment Target, and 50% (up to $125,000 each) for the Company's New Jobs Target. (c) If Statutory Minimum Eligibility Requirements are Met: The provisions of this subsection (c) shall become applicable only if the Company has met the statutory minimum eligibility requirements set forth in subsection (a). If the Company has met at least ninety percent (90 %) of both of the Targets at the Performance Date, then and thereafter the Company is no longer obligated to repay any portion the COF Grant or the Local Grant. If the Company Atlantic COF Performance Agreement has not met at least ninety percent (90 %) of either or both of its Targets as of the Performance Date, the Company shall repay to the Authority that part of the COF Grant and the Local Grant previously disbursed to the Company that is proportional to the Target or Targets for which there is a shortfall. For example, if as of the Performance Date, the Company has received all $250,000 of the COT Grant proceeds and all $250,000 of the Local Grant proceeds, but only $3,500,000 of the Capital Investment has been retained and only 90 New Jobs have been created and Maintained, the Company shall repay to the Authority $15,625 of the COF Grant proceeds that it received allocated to the Capital Investment Target and $27,173.91 of the COT Grant proceeds that it received allocated to the New Jobs Target, as well as $15,625 of the Local Grant proceeds that it received allocated to the Capital Investment Target and $27,173.91 of the Local Grant proceeds that it received allocated to the New Jobs Target. These amounts represent the percentages of the shortfall from the expected amount of Capital Investment and expected number of New Jobs, each multiplied by the portion of the COT and Local Grants proceeds that the Company received allocated to that Target (i.e., ($4,000,000- $3,500, 000)/$4,000,000 *125,000 = $15,625 and ( 115- 90)/115 *125,000 = $27,173.91). In any such event, the Locality will repay to VEDP all of the COT Grant proceeds not previously disbursed to the Company. (d) Determination of Inability to Comply: If the Locality or VEEP shall determine at any time prior to the Performance Date (a "Determination Date ") that the Company is unable or unwilling to meet and Maintain its Targets by and through the Performance Date, and if the Locality, the Authority or VEDP shall have promptly notified the Company of such determination, the Company must repay to the Authority all of the proceeds of the Grants previously disbursed to the Company. In such event, the Locality will repay to VEDP all of the COT Grant proceeds not previously disbursed to the Authority for the Company. Such a determination will be based on such circumstances as a filing by or on behalf of the Company under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of the Facility by the Company or other similar significant event that demonstrates that the Company will be unable or is unwilling to satisfy the Targets for the Grants. (e) Repayment Dates: Such repayments shall be due from the Company to the Authority within ninety days of the Performance Date or the Determination Date, as applicable. Any COT Grant moneys repaid by the Company to the Authority hereunder shall be repaid by the Authority to the Locality and shall be repaid by the Locality promptly to VEDP for redeposit into the Commonwealth's Development Opportunity Fund. The Locality and the Authority shall use their best efforts to recover such funds, including legal action for breach of this Agreement. Neither the Locality nor the Authority shall have any responsibility for the repayment of any sums payable by the Company hereunder unless said sums have been received by the Authority from the Company. Section 7. Company Reportin¢. (a) Progress Reporting, The Company shall provide, at the Company's expense, detailed verification reasonably satisfactory to the Locality, the Authority and VEDP of the Company's progress on the Targets. Such progress reports will be provided annually, starting at Atlantic COF Performance Agreement June 1, 2018, and covering the period through the prior March 1. Further, the Company shall provide such progress reports at such other times as the Locality, the Authority or VEDP may reasonably require. Although not required, the report may be in the form attached hereto as Exhibit A. With each such annual report, the Company shall report to VEDP the amount paid by the Company in the prior calendar year in Virginia corporate income tax. VEDP represents to the Company that such information is confidential proprietary information that is exempt from public disclosure under the Virginia Freedom of Information Act and that such information will be used by VEDP solely in calculating aggregate return on invested capital analyses for purposes of gauging the overall effectiveness of economic development incentives. (b) Final Report The Company shall provide, at the Company's expense, detailed verification reasonably satisfactory to the Locality, the Authority and VEDP of the Company's achievement of the Targets. Such verification shall include submission of paid invoices supporting the Capital Investment made at the Facility. The final report may be submitted after the Performance Date, but no later than June 1, 2021. Although not required, the report may be in the form attached hereto as Exhibit B. (c) Verification of Capital Investment: The Company hereby authorizes the Locality, including the Locality's Commissioner of the Revenue and Treasurer, to release to VEDP the Company's real estate tax, business personal property tax and machinery and tools tax information. Such information shall be marked and considered confidential and proprietary and shall be used by VEDP solely for verifying satisfaction of the Capital Investment Target. If the Locality, the Office of the Commissioner of the Revenue or the Office of the Treasurer should require additional documentation or consents from the Company to access such information, the Company shall promptly provide, at the Company's expense, such additional documentation or consents as the Locality, the Authority or VEDP may request. In accordance with Virginia Code Section 58.1- 3122.3, VEDP is entitled to receive the Company's real estate tax, business personal property tax and machinery and tools tax information from the Locality's Commissioner of the Revenue. In addition to the verification data described above, the Locality, the Authority, and VEDP may request such other documentation or audits as may reasonably be required to properly verify the Capital Investment. (d) Verification of New Jobs and Wages: If requested by VEDP, the Company shall Provide to VEDP copies of the Company's quarterly filings with the Virginia Employment Commission covering the period from the date of this Agreement through the Performance Date. In accordance with Virginia Code Section 60.2 -114, VEDP is entitled to receive the Company's employment level and wage information from the Virginia Employment Commission. Should the Company ever have business locations in the Commonwealth outside of the Locality, the Company agrees that its reports to the Virginia Employment Commission with 8 Atlantic COF Performance Agreement respect to its employees at those other locations will be reported at the facility -level and not at the company - level. In addition to the verification data described above, the Locality, the Authority and VEDP may request such other documentation or audits as may reasonably be required to properly verify the New Jobs. Section 8. Notices. Formal notices and communications between the Parties shall be given either by (i) personal service, (ii) delivery by a reputable document delivery service that provides a receipt showing date and time of delivery, (iii) mailing utilizing a certified or first class mail postage prepaid service of the United States Postal Service that provides a receipt showing date and time of delivery, or (iv) delivery by facsimile or electronic mail (email) with transmittal confirmation and confirmation of delivery, addressed as noted below. Notices and communications personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices and communications mailed shall be deemed effective on the second business day following deposit in the United States mail. Notices and communications delivered by facsimile or email shall be deemed effective the next business day, not less than 24 hours, following the date of transmittal and confirmation of delivery to the intended recipient. Such written notices and communications shall be addressed to: if to the Company, to: Atlantic Finance & Credit, Inc. 3111 Camino Del Rio North, Suite 103 San Diego, California 92108 Attention: Facilities Manager if to the Locality, to: City of Roanoke, Virginia Noel C. Taylor Municipal Building 215 Church Avenue S.W. Room 364 Roanoke, Virginia 24011 Facsimile: 540- 853 -1153 Email: citymgr @roanokeva.gov Attention: City Manager if to the Authority, to: Economic Development Authority of the City of Roanoke, Virginia Atlantic COF Performance Agreement with a copy to: Colliers International c/o Atlantic Finance & Credit, Inc. 200 S Wacker Dr., Suite 700 Chicago, Illinois 60606 Attention: Encore Account Manager with a copy to: City of Roanoke, Virginia Noel C. Taylor Municipal Building 215 Church Avenue S.W. Room 464 Roanoke, Virginia 24011 Facsimile: 540- 853 -1221 Email: cityatty @roanokeva.gov Attention: City Attorney with a copy to: Economic Development Authority of the City of Roanoke, Virginia 117 Church Avenue Roanoke, Virginia 24011 Facsimile: 540- 853 -1213 Email: econdevl @roanokeva.gov Attention: Chair if to VEEP, to: Virginia Economic Development Partnership One James Center, Suite 900 901 East Cary Street Post Office Box 798 (zip: 23218 -0798) Richmond, Virginia 23219 Facsimile: 804.545.5611 Email: smoret @yesvirginia.org Attention: President and CEO Section 9. Miscellaneous. 37 Campbell Avenue, S.W. Roanoke, Virginia 24011 Facsimile: 540 -224 -8050 Email: hdarby @glennfeldmann.com Attention: Harwell M. Darby, Jr., Esq. with a copy to: Virginia Economic Development Partnership One James Center, Suite 900 901 East Cary Street Post Office Box 798 (zip: 23218 -0798) Richmond, Virginia 23219 Facsimile: 804.545.5611 Email: smcninch@yesvirginia.org Attention: General Counsel (a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement among the parties hereto as to the Grants and may not be amended or modified, except in writing, signed by each of the parties hereto and consented to by VEDP. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Company may not assign its rights and obligations under this Agreement without the prior written consent of the Locality, the Authority and VEDP. (b) Governing Law; Venue: This Agreement is made, and is intended to be performed, in the Commonwealth and shall be construed and enforced by the laws of the Commonwealth. Jurisdiction and venue for any litigation arising out of or involving this Agreement shall lie in the Circuit Court of the City of Roanoke, and such litigation shall be brought only in such court. (c) Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be an original, and all of which together shall be one and the same instrument. (d) Severability: If any provision of this Agreement is determined to be unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining provisions will not in any way be affected or impaired, and such provision will be deemed to be restated to reflect the original intentions of the parties as nearly as possible in accordance with applicable law. (e) Attorney's Fees: Attorney's fees shall be paid by the party incurring such fees; provided, however, in the event of litigation under this Agreement, the prevailing party in such 10 Atlantic COF Performance Agreement litigation shall be entitled to recover its legal fees and expenses incurred in such litigation from the party which does not prevail in such litigation. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Atlantic COF Performance Agreement IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the date first written above. CITY OF ROANOKE, VIRGINIA By Name: Robert S. Cowell, Jr. Title: City Manager Date: ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA By Name: Allen Damon Williams Title: Chair Date: ATLANTIC CREDIT & FINANCE, INC. By Name: Title: Date: Approved as to Form: Approved as to Execution: City Attorney City Attorney Approved as to Form: Approved as to Execution: Counsel for EDA Atlantic COF Performance Agreement Counsel for EDA 12 Appropriation and funds required for this Agreement are subject to future appropriation. Director of Finance Date Acct# Authorized by Ordinance No Exhibit A: Suggested Form for Annual Progress Report Exhibit B: Suggested Form for Final Report 13 Atlantic COF Performance Agreement Exhibit A ANNUAL PROGRESS REPORT COMMONWEALTH'S DEVELOPMENT OPPORTUNITY FUND and CITY OF ROANOKE LOCAL GRANT As required by Section 7 of the Performance Agreement to which this Exhibit A is attached, the Company is are required to report annually towards its progress in meeting the Targets for making Capital Investments and creating and Maintaining New Jobs. Please return this form to: Kim Ellett Brandon Turner Incentives Coordinator Economic Development Specialist Virginia Economic Development Partnership City of Roanoke kellett @yesvirginia.org brandon.tumer @roanokeva.gov 901 East Cary Street, Richmond, Virginia March 1, 2021 23219,804 -545 -5618 PROJECT SUMMARY: Project Atlantic Credit & Finance, Inc. Location City of Roanoke Amount of Grant $250,000 Performance Reporting Period March 1, 20 ] Performance Date March 1, 2021 14 Atlantic COF Performance Agreement PROJECT PERFORMANCE: Performance Measurement Target As of March 1, 20 % Complete New Jobs (over 244 baseline) 115 Confidence level target will be reached by Performance Date shown above (check one) High ❑ Moderate ❑ Low ❑ Capital Investment (provide breakdown below)' $4,000,000 Confidence level target will be reached by Performance Date shown above (check one) High ❑ Moderate ❑ Low ❑ Average Annual Wage $43,333 Moderate ❑ Low ❑ Confidence level target will be reached by Performance Date shown above check one High ❑ Virginia Corporate Income Tax Paid in Prior Calendar Year-3 $ Capital Investment Breakdown Amount Renovation and Build Out $ Furniture, Fixtures and Equipment $ Other [ j $ Total $ COMMENTS: Discuss project status, including current level of New Jobs and Capital Investment, progress on Targets, changes or likely changes in project's nature that may impact the achievement of Targets, and other information relevant to project performance. If the project is not on track to meet the Targets, please provide an explanation. i Data will be verified using Virginia Employment Commission records. 1 Data will be verified with locality records. I I his confidential information is protected from disclosure pursuant to § 2.2- 3705.6 of the Virginia Freedom of Information Act, 15 Atlantic COF Performance Agreement TO BE CERTIFIED BY AN OFFICER OF THE COMPANY: I certify that I have examined this report and to the best of my knowledge and belief, it is true, correct, and complete. Company: ATLANTIC CREDIT & FINANCE, INC. Submitted By: Signature of Official Name: Print Name Title: Date: 16 Atlantic COF Performance Agreement Exhibit B FINAL REPORT COMMONWEALTH'S DEVELOPMENT OPPORTUNITY FUND As required by Section 7 of the Commonwealth's Development Opportunity Fund (COF) performance agreement, companies are required to submit a final report on the achievement of the Capital Investment Target and the New Jobs Target. PROJECT SUMMARY: Project Atlantic Credit & Finance, Inc. Location Roanoke Amount of Grant $250,000 Performance Date March 1, 2021 PROJECT PERFORMANCE:I Performance Measurement Target As of % Com lete Renovation or Building Up-Fit $ New Jobs (over 244 baseline) 115 Other Capital Investment (provide breakdown below)' $4,000MO $ Average Annual Wage $43,333 $ Virginia Corporate Income Tax Paid in Prior Calendar Year Capital Investment Breakdown Amount Renovation or Building Up-Fit $ Machinery and Tools $ Other $ Total $ Final, actual performance will be reported on VEDP's public reporting website. ' VEDP may request copies of the Company's quarterly filings with the Virginia Employment Commission covering the period from the date of this Agreement through the Performance Date. ' Please provide paid invoices supporting the Capital Investment. ° This confidential information is protected from disclosure pursuant to § 2.2- 3705.6 of the Virginia Freedom of Information Act. 17 Atlantic COF Performance Agreement LOCAL MATCH: Goal $250,000 Actual COMMENTS: Discuss Project status or the importance of the Project to the locality and region. TO BE CERTIFIED BY AN OFFICER OF THE COMPANY: I certify that I have examined this report and to the best of my knowledge and belief, it is true, correct, and complete. Company: ATLANTIC CREDIT & FINANCE, INC. Submitted By: Signature of Official Name: Print Name Title: Date: 18 Atlantic COF Performance Agreement 92hCITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chnrch Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 qW 'releplmnr, (5411)853 -2541 Fns: (5411)853_1145 S'l'FPHANIF M. MOON IICYNOH)S, MMC l', mall: elerk(,�mvnokevn.g °v CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA'1'. WEBB,CMC AWAant Deputy City Clerk January 17, 2018 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 41032- 011618 amending and reordaining Chapter 30, Street and Sidewalks, Article VI, Permit for Public Assemblies, Code of the City of Roanoke (1979). The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Tuesday, January 16, 2018; and is in full force and effect on upon its passage. Sincerely, v Stephanie M. Moon Re ds, C City Clerk Enclosure pc: Tina Workman, President, Downtown Roanoke, Inc. The Honorable Brenda S. Hamilton, Clerk of Circuit Court Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian Donald S. Caldwell, Commonwealth's Attorney Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director of Finance Mark D. Jamison, Manager, Streets and Traffic Jeffrey Powell, Manager, Solid Waste Management Susan Lower, Director of Real Estate Valuation IN TIIF COl1NCIL OF TIIBCITY OF ROANOKF, VIRGINIA The 1.61h day o January, 2018. No. 41032 - 01.1618. AN ORDINANCE amending and rwrdaining Chapter 30, Street and Sidewalks, Article V.I., Permit. litr Public Assemblies, Code of the City of Roanoke (1979), as amended; providing hn an effective date; and dispensing with thu second reading ofthis Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: Chapter 30, Street and Sidewalks, Article V.I., Permit for Public Assemblies, Code of the City of Roanoke (1979), as amended, is amended and rcordaincd to read and provide as follows: Sec. 30 -101. Goals and objectives. (a) The Council of the City of Roanoke hereby finds and declares the following to be the goals and objectives of this article: (1) ho ,tandmdv.c the proccst lot wtcis in;, .wd procc"mg icyuc,r, Ini puma+ (u hold public ptstembhea @pd tipcual. Cscnis in a safe and ouluh 111MUM Iha( pn4CCIS public s.dety and prtgnth and prescn es the peace. (. 2) To allow the safe and reasonably unrestricted flow of pedestrian traffic on sidewalks and vehicular traffic in the streets and alleys; (?3) To ensure the safe and orderly use of the public parks and other public property; ind 11) -._let pr<nc'N end pta.cno the .du, uo 10 raft , nifcwiit 111, house; and (4) To protect and preserve the safety of the general public. (b) The provisions of this article shall be administered and construed in such a manner so as to encourage and permit the free, open and non- violent ezchnnge and espressinn of Ideas and opinian.a, as much us possible, while still achieving the goals and objectives set forth above. Sec.30 -102. Definitions. (a) ilpplicon(. 'I he person who completes an application for a permit. (b) Application lo, pciaw A Ibrus pnrvidell by the director, the completion aI, w Ill ch is necessary for obtai ni ng it permit. (c) Oin" (or. The di rector o f publ is works, or the design cc ill that person (d) Notice 'Phu notification to an applicant of any decision made pursuant to this article. Notice may be by first -class mail to the applicant's address us set forth in the application, orally in person to the applicant, by telephone to any person believed by the director, ar the city manager in the event of an appeal, to be the applicant, or to any telephone answering machine believed by the director, of the city manager in the event of an appeal, to be accessible by the applicant, or by any combination of the means set forth herein. Notice shall be effective, and shall be deemed given to the applicant, on the date it is sent, given or otherwise transmitted or communicated to the applicant, not the date on which it is recd ved by the applicant. (e) Permit. Permit issued by the city, through the director, or the city manager in the event of an appeal, allowing a public assembly. (f) Permatee. The person or persons, association, partnership, corporation or other entity or group in whose favor a permit is sought or obtained, or persons belonging to such association, partnership, corporation, or other entity or group. (g) Public assembly. Any cohesive group of people, animals or vehicles, or combination thereof, upon any sidewalk, street, alley or other portion of the public right -of -way, or within a public park, or on any public property which is outdoors in the City of Roanoke and which group does not comply with normal vehicular or pedestrian traffic, regulations or controls, or normal usage of the sidewalk, street, alley or other portion of the public right -of -way, or park or public property. Such group includes any gathering, demonstration, .(il,ipermd evert of +mare#: precss;irojr tuunmg -- titer, walk. Wet, {airty, hwyc4 istec, avcvur:n}�. +{tcrw: e- v4rif +i4itxr,- li�;fi afm +mottle! or spcciu,I event. Ilia Al, II rI 1ll :AI ,vhcsIN, 2I of 1),11)1 c. :umo:dn uI NcI cics. u1 roulbiuul ion lIIC[ o[ upon On) sidVNN III,_ s I cl. I t or ofIICI 1)oI it of 1 IC pnbli( riulll I)f NC:1 }_ or Ncilhiu a puhlic I), IT or on u1IN pnhllc pnIpVII% N,II ICI I i, ould"mI, in Il]o ('ilk of I(uan,lki' 11111 vlllKh group do„ 1101 coluplk „ill] mnnml Nchiu11:oor pcd, (Ii:in hank; 1,oul thou, of a, nodk' ,u noltold ('slip,of the ld, IN l 11,_,11,11, alle} or ('111,1 portion ul IIIC puhlic 11,111 -a1 INUI m pill 1, of public plop,Io, tiu1 11 spcael ,Noll, iuoludc :11 11) nbclinp, p.u.lde, pn+aroeion. running race, Iv:dk, plod, p II IN_ I'), N lC care Ccrinxma- 11( \N esblhll ion- IcMiNal or it III eN2nl. I ihnino 111 puhlic 11),1121 11 [1 the (ilk n also included It, ,1 spceial CvCla <pC11e1 V,, cod ❑1lcgorics III ,sd forth as follmv" kaces, NN Mks and Pal adc%. )Igaulicdu(a slaliunal) aLfIv Irks ill ohiug lunwn blk mfg, NN dl: i_ug, nuuelnug, or ofhu nxalns ul Ir,unpo0.10on, luCtl Course fhal mNokc, the um u1 obshudion of City sIlect fight,ol -NNa} (n}. pidcodlk,, (')IN. purls or grccmN uc,. Gcocral P:ccnh ()iLaovcd .1ehNdics Ih.0 h;nic it S(,aV i Ibolpllnl in au ldenl111,ibI, location lot it speu14 durahon of lime, o0cu inNoking, unplificd ww1d, Idol hcNCragcj . mcfChundis, dilpl.p" aud'ot t fhcl Honk, of l samples include I - Io,Ik, perfol nunIccs_ 1 a hes e%btbus, it lit kets, patties, %ceddwgs, coin cnlioue laid uthel similar eN culs. -_ Nei„hborhood 1; (!CI, Pa r ties: _01,-- puni/,ed >Inell -scale act IN IIIC., that slow a limited ('umber of blocks on a IoNN tra(tic Nnlunm re,vidcuhel_ strcd Ihcsc stud) stale gpthuulgs are initiated by and ufe intended to atuad onl} local resmcnis who Iry on ut ]n dose ptoamtit} to the ireel being closed Block— patties arc not uncoiled lot file gcneial public I Filming An _ot,yanvcd_. nunf)- Imofun>. film ill It] still phulogi aphN- pr (VII etutit Ihet IecLllrvy file use of ill .public I l ahl -of- NN ;o, ( IIN pul l,, of othal. optd 1111 ( I1}_pi opM N _ (i) Sp, u,d cant ooh, r. _I he fn llc7. uppto,Cd by file utN manaagu dcluiling the ofuecps of oblangll�' a public MSCIIIhl( pelmil film the ('itti consisn,nl u 1df tale mm moos of lhfs :article. (_ _ Terms. The terms of a permit shall consist of the information provided by an applicant or otherwise stated in an application. Sec. 311 -103. Permit required (a) No person may conduct a public assembly in or upon any public street, sidewalk, alley or other portion of the public right -ot -way, or in auy public park or on any public property, or knowingly participate in tiny such assembly, without a permit, or being subject to it permit, issued by the director, except in accordance with the terms and conditions of this article. Any person, group or entity, who is not otherwise required to obtain a permit may not parade, march, gather or otherwise engage in an activity which will unduly disrupt either pedestrian or vehicular traffic, the movement of fire- fighting equipment from a station or cn route to it fire, or police protection or ambulance service to the area of (lie activity, or which will interfere with a public assembly for which a permit has been issued. (b) No permit may be issued without an applicant submitting a completed application for a pennit to the director is arcurd;ulrc \t i(h 1111, orliac and the ('111 .'pedal C\ C111 pohc }. Irl Any onrpl,ttxl tq*plwritinn for a pu1110 shall br alert -tvilh &te'oneeiur uu1 fc.n Ilum let) f Ill) huniuutis dav, bekne Ilse £xopuxed &,w of tilt' pof)4t, at,vfnhk file director shall have £ht' auaxa-ily to consider auy completed applicatioo midi his:uficle witch Is filed le',+thair tun (10) day, bei"tr the propo,vwl dale of fit,, pubic awrmhl v, f;i ving. dec <onsidenition to the ufgencv of the applieaiiou and-the IICC(f 1n pndecf Ihe- gcncrul )iealtH, mafelk arid+ OfEee. Id) Ifie- dtrcclof sha)I obtain intifrfnetion ieeaehftg kf the laic, lime -aril leeaherror route of ills conununet nxvn and -+mInnxt on if a pmposcd public arvsc1 lbl ; x. V. eR-as rnry vUtur 1nf ,ilianierrfe4evnnt to flit' dirertm to cat ttel the gencial lieuhh, safe(- y*Hrt-wetbov o {-the puh4ia it I Ilxtoil 1 xa+pk of eomlplcied application tin a- fw"i+t: tilt, dilcclm Shoff 14�me J t fn k; runtee. the director f=usels the (1) - -9ht asscmti[y tk14 on(loly thvrapl e4tim peilealiaa m +rhietda+ traffic: ( if the it s filwy e-ih undukv iatcvfevt a 411 the ,novca iert od fir, fc4l4ofl etfaipme-nl - boata�if ,el(11 vl foule la R Aik . t 1) the eorrecv?+rnitee of pfti-aar.,- aafimals in votuelcs - or uuv uumhiea +t<ar i4x+zx+$ov4h undidY intc+fcwe -with lwoper - -03-v toad f�+tee ptateeiif +s of, of anted aaee- fefvxe lo. ar+�R,- iti{,kn-nu1, to t+ -twE fe asvetnbiy alea or route. (41 14K, assemb} wit- I itle le-e A"h nitoillor seearlal_v -1fw whi'Al a net suif- fa4hcelt issue,^rh-or f5} - 1- he- av::eathly-- -Will viokkv _4he- ..VinAllient, -o -i ;r permit it, em4misvke l iw the cify -aaj ,g .. III Auc "II, II i,, ,it ,l pni.u,inl I„ IIIi. t1111 lr I sId,j., -I In uH „IIIi II'I,li cable Inma. I,rthn'll", ,_:.nlc. nlul rre uIn nn n. fpl he icy a ii vnu ill of IT prl of ill '..Indl ,,,I It, Ilk It I; 1 A lot hhc u rcnlhh of Ice r. 111 .01 11111 11111111/'/1 111101 pcoplc uI n Inlhhr purl. „I ml Ilahhr ii C I I 'Lich Iti n,Il to puhhc vlr I'll L itIICy of .I1 1, 111116_ if ,.11uc[I I ,to ,I 111 1T, It placr!urIII it a hn„Ih_ 511pe it ,Ilbcl IcnIIn4:II .tlol TI cf Lcl v.Illnll I I IIt!IItI1 p0J, III on puhhc (.'I !A Itnhli, 1 111'11 r„I ICI Slim. ,II lire (>1 I I I, \N peIlplc on u public Mde1 +1111, 11I1I, II du.. I ol impede the „r IIIIt, v Ifm 1 1), 11 sn,. Inl a r. It wady: fSl A hu,fIUI pI11, n,n rl) Cl'ollurl➢I 0C hl nirn_ all HdItIg 11,senlgof wadi.ulp: ISI the Roiled :Shines Amov Nmv, Ail Pans•. ur ( uopi (fUtli'd, the nlitIIit htic,,,,iifle"!air.;salIhapl, I I I, I c l i re dr pa i Imam o l I lie 1'i l t. Ihl A ponnil urn hr i"ticd. Ibuuuh if, It IcgitlIell under the to ttr+ III Ihl. oilIsle. I I a prr sou. n',m i l l Iglplo, 1, It finch per +uit. Src. 311 -1114 - ,% pill 4I uA of denial of uppli cal ion fur peirmit. lit) I he difeeml ,hull eppnirc ,I dcu5- if Clot nplrlell appliraden it,] if J elinil. ut,d I,.,s, nal(oo l0 1111 a I'll lii ill I III dm el cIsinir. a4 ` uHt e" p"- ,11al:- upon IccilIf0 hul in III, IIW fill I11aII, Iholf li1c (3l I)IIIIIlciS du v tiller receipt ul the cenitof-1 MI elyI[RifI Mf aIIieh has 1), 1, signed on Iledill lt id- ill I it}itthcvtble ti,,, dcfetltflomfh, I he Iinlr IImilalian in Ihi. subplirrel Hph uitr, Ile I ek"nded h, it dole cerlain span wniicn ixvlat I of -en opphcnnl. Ilfl In the evarii cite dII l:I' l dunics an igiphcill I'm fldr it pofmll, tho de«ver shall '.+ilte; - i» WI411MP kie pVCRie pcee,rr+ifs} i'i dewial iii the apli icouHee, end. it possible. rec+,rliiiend ;peei(ic clfang,as to the- appheaNett, MITI It, i£ made -Red .aacp7ed -oat, fill app ICHITI. 1tvndd bl- acecq>kibl < ^{i++bs,, dtecom, give notiec Ilk l c ap}dwimt al the de, vsion. and advice 41C +Tf,pheafll If Ilk iilifit - #I alryxv6 Oke� dn ision to, 4'w Clio, n,nl .irrf ;� tliar ren I lot hn,iricv,. daps 1,I Ole I, oil the n, Htcc .Sec. 3U -11111. Application Fubmiltal Tinic(ramc. Public .mcmbly_ applications fee to be s«bmiled avcoaltug to ILe_huuluic. for Vile] spee Lc eccnt type If s outlwcd belolr,,md hill he accepicd no Inulei ]III l nilc dI2._leai Prior to the plopo_cd date of (lie Social Cc CllL_ Submission of an application dues not gli uantee rite iSSUanc�i Of ill asselgibh permit._ Appltcitlons csamot be fulh reliefied and offIlit'ved until it Ioniplleted application il, filed vo, _Ih tile . dilcetot in accurdancc_ with the Chit 's special Brent 5 1a1 ";I",.. AA:d6s, and I':Io,d ' Applio:dionx must be teemed at cual ouc "llph cl tit rnl} (I 'I)) c;dcvdur dam,. prinr to the propuacd d;Iic of the 'cull. P'ok'ing ;Ind appimmmm . a tore. parade, or oink ruin( ;n .I - �wlp cs ptor1',> tbd1 rcyuncs euunhuata II ft 1111 nunu'rtm, III J cpul t ucu is III oI nIhn k l f I t s. Ihl (il "'I'd I ccnl >. Applies ,,ns ruIs nr asunlblic* with Icss 11"m one- Imudred 1100) perwns ill ,It, od ;wcc must be 1"ciicd ul lei,l fuuneen (Ia1 callmdII daps prior to the proposed dale of the erenL Applicatlons. Iin'.5cnn.tl cecul.v �vllh oue hundred (100) of Inorcpen,ons ill uticndaucc of vcnclzl cccnls wcohint. Alec( clouaca uuut be IeccIval ill testa fjilll) I 10 culrndal du}s pool Io the prupowd (title of the (rein. 1ppliralious fill kill ecnual e aids ❑I I'. huwtood. Park (u Millie the ,mgtlulhcalu must be ncclhed ul lead nmct) (90) calendar del, prior m the proposed (till( of the ew col. Ic) NciGhborl quid much Pailics Apphcuhuns 6x ucigNbothood Noel, p;utlL,, 111L 6c Icccm cd ul Ica•.( toll IIcenj 14) calendar dews pilot to theli opowd (I.pc-uf Ibc cw(nt. II is Iunnunrnded that org:nuiva apple al least thirty 1 t0) caicnklm d.ty, pool to the evenl date it [lie block parr night utiliic lulls unnlscmcni stnmtures, lircaork" cic us thew dccias mvoM pr( .d pnunling1 ld) 1 i7glil " 1pphcul inns Iii Wilting must be 1'CleiXUd tt ICavt IIIIIIlCCII t 1-4) calendar iLgs plipr to lhf .hoot date It is Icnmunem ed that ilppllciltlolls fur cxtensnc hlmins,.,pnnuutg multiple du }s (i location, . he submitted al Icdsl thirty (30) calcnd a days m adwancc. te) _ I ate 1pph(atiuns l he duc cim nRlw unnidel late apphrutions. I he CS_ tw cannot I�uetanlee that ant (went _application nlll be Icricwwcd If' it is ibntittcxl It Icss than the number of days plese-Iihed Am c, Set. 341 -ltd .— 3hpeal )rrueee#rra iiO - ;Pim dcvtxd by Oil' dilMo era -iii! adc >rrI -W a twitilil. IlsedlrMoF QlAt ais'c InHlcr ter the i"41effr9 ill till derislrn jfa'rtai n+fttr to t lie app4+k`1a+ee alit! (111' utplicefrfi may a p'A fwtn dr* wI nhet tell bumiws rdwm+414w dwt, ftotice t, ,Jven -to the- applie-a+ft. f-bi - - Aapeal -stiles! 4 f. adr to it ft, cII - tff"Iffapef Irv- it [it tg a art ttavrneNaa a t appe4f1 -WitIt dtFrity -ei A! p I k -- 41e 4ien of qq seat- 4k,41 -u 4 fikrt#e c4iJ- ofiicxr ed -+kt, do is+f*n- rkgtdmreea bpiMe- clincri<f> fiiiin whie4f ilia appl+eatft appeal +. - I'1 the null" Of upprr!I and ,ball he ["Ir„r,l by dIr ,Iii nOelf"ll_ wul III, rid mnuut"t ahml apluurr of dem the apphl':uluni uu Iq q,cul a+ 111,11, a= p. out m u.. au.c unr uI„rr IL;w li <r I'I hu,inr,, d1," of Ihr' liLu of IIIr noun of At Ill, option it Ihr ,-It uran I" t, .ueh Icr1, 1,I It I k In I r l I uet I I Ihr upplieanl he Iwm litu,lulI t I IIII. r.IIhp,!I I IeI I II, I!; br aslI,IIk 1„ ,I d. iIII kl Ilk upnu rclillrIII lit 1 11 1 Ili r u pp l l mall. D I In Il it, o, III the rIIt nlnnaltrr drnlc, au it gI culum It a perin lI Ihr f -uv urweeel ,hall o-lale. In I%IItmpl, the sprcltic rcusoWsf li,r dcnull of the ippheuliolr, and. it po"ohlc, recunnncnd sprc'illc rhuuea to Ih, .Ipplir;,linu vrhich. it nm,le cud ",cplyd h, the eppIROill. 8u(l ltl be accepiublr to I r ,Itt miu,rcrr. and itIt, III lico In is trppl I( it III If it It I, ", II. II such recunu it( Idled 'peuific rhengrn err ", et Ol ble In the hpplic:n,L III, applleainl musl accept the ,'lime," lu the apphrnllnn. In ,'riling_ ItIIlion live IS1 hu'l ill ', duys It notice piv,It In Ilre ;q,plic.ull of Ilrc, Iv uuuroger', dcrisa,n. I II In Ihr -even( the rile Lein, -"! ul I I c^' Y.1, ,I idiviolun lot s pencil. the em n:ulafuv 1Ildl :yec r t.,I Io ihr appiir.ml d the d,"I Inn peWonine to the npplir,llnn ,,cc. ill -Ills, Permit :ly: IL altinu 9h'uccss. Lq I hr ,hrerlur .,Lull ubCUn in k II,mltun ndalmp e, the date, lime uud loiulum it route of the commiene'e n tent and kuumatiun of a prnpowd public @ssuliidy, as kull a, Illp utftot ullnrnuJion Ieleeunl to the director it, pinlocl the: cnrrd he dih SaIICI} and eceilarc Of tlu public. (hl t poll luceipt ut It completed application tin a permit +ubnutted In aeenldnncc mth Sec. 10 -1(14. the dueeiol vhall rsue 1114ennil uule„ }hc dll, clue dads that: Ill the pubbe ❑sscud,h gill untlultr . disrupt ciiLyr peeiretl Mil "r cciucldel tral it( : (') the pubGr amuublt dill ill (101 ilgcriue t, Ill' the nr;cmcntul fitc (Ighnmg equipment ti„m a st.rium ur en route (I, ,I luc:, eooccntratlnn o(flcnons, ,ammals of tcll dl s ot_ am combination. theicot, « ill unduly Intur[ae %11th polm tits and police pIotg'li_ym oi, of ambulanec ion tee to 11C JS conitguous to a publi • assembly alea ire emote ll_ "I he public assrmbl} W it_I_.intcl here � itlt another publle nsscild -th ful which Ipennil h.1, been Il9UCd_ ut f,1 II1c puLh� :n.c'n IL 1, Dill ,n,l:n the cund111 n1. nl 1 pC111 t 11 III r.l.lhli�.h. �l b, the eil, in,mu:�el. II) ApA pintin I -11rI III .nan[ 1,I thl" muck 1- hll rl t( ❑II uILc1 Ipl+II c I A I c I I Av, 1nII111:11 Il U;..,nd,e. a nd i v r i d u l u n I, 1111 I " icyuircwcnl'd I pernin >ludl T', "J lI lo. 111 ,A public :u.cmhll (I Ie11Yl lhun nli, hundlcd 111111) pagIlc in d puldic pall. In on puhlil plopoh Mlicll 1, uoI a puhliu ofnrL alit} m eidco- alL, aml which dots lol iucnikc the placcmcul of a 600ill, suLL;c (I +4hrr lew)uru ruclure eilhcl Iti itlnn the pubhe pmk, In III I ad, h, propel(,_ A puhhe u, >a all) l\ coos i'.,1II of lire (1 1,v',I pcuplc uu u p III lic >idrI�;IH, IIlnrh d11 11, 11111 111, nrd iII;ln (loo oI prdcslI inns un n snl,s� 1b. I l I ;A 11 na 1. d l n,I,I NZ i u u. li) Rl"i1 Hlltnldll ucUV11c4 . indudul µTuiiitor ivdhing; {i1 "I he I laled Sur, Ann}, 'V m 1, �lllllnt ( ul ps, An Porcc. (r t lust ( I u.0 d. lhr miltlaI f(1Cls of the slate and the p(hcc o lire d co, ItIIw1 t o(the tile. (c) :A prinnl any he "sued thnugh_noi icymrcd undo the tuna oI this alildc. It a pounl o, cntlly applicy An such pcnnl4. kvc. 311 -! e(,, u(A perolil. Iit) -1, ITA ITT 11111 I v h, CB4f kmi h, the whq An iI1R {HI 0"nY$+CYfy w - .poke +l Hy nx='k'n n1= ri+srtsk� . jlal,4 catMl3tily. riet IIF rrt[Wr Chow ;c c-, eTFIT .'r 1 e'Iwe 1),7 den urg- e- g3nlalir RFC -T fity, the ctviet + +f {"w{ e4ACH3i i3 N love( dw: R(efq et 44u- gc+FIIebpt+I41C In Ixalpa4ly 'f{ei� FUol I'nvei.,Fi4 mer E l -- hp(aIietei + +iel v env ke>aaf ov- c +nxliHe +r et ge c�mii —ate t�ulit+etxc� e€- t}x�e+t y:ll�any- k�� <�4He -C ex�nc+ ntvetd44re- �l4eg+I�+e��v- �K'- rt€,`#;e 1000 Man, WW i 4he- txrlrl±rr., ,J11r45n er a 1'1 the d..ccl,, drirn....!r, Ilud .ul ...... Anil,, rnvn br Ilia uppli -to , uu gglir "fin..l ", pc r..nl I,us ...a,rrucl Ilhcu !"al.fr heI iau"recl -....d hurt "n, [I iu6auau.ou r. rcle, hill l,. the euWs uud IO)I 'li,�es in I, Jim, ul IIII Id Ih ,, I .nl.. tIu,ndcd - and,,find 1... III Ibc bassi III I denim Ihl of d Il'IlI,C uI uucIf .C, ,,L,ann hall be •n ru If ,unu "�, p"osihl,, had in n.. .a,if ad I I Loll- cud II it 1), if lio1 1. the dld, nn I,IIICh Iho ,Ilrerl.v dolnnunc. thin sucb I ,.uul urn i, riynir..L W I I I I If n, 11,, d sud, n•er" an"a ,hall lit etc" milli... In -, 1 -`1 husin,'os J w, .,I the dale on minci1 the Ju'eaul' delaruuues that rc,,Icll"Inin.cyuitcd. uud,,uch,+..hell nnlat "hall x0 Ili.ilr lice f atom in raae.nn ", tinrh c\", 11'", and sludl h, "It hp ln" *i J'i � mail Iii applicants Add. e,. 111 ncl 1, 111 u. lit, ;11 Ipll' 1111 H I; I Upon I, ... It by Ibe .d!r,, lol. Ih" aplth"inl ..r,Iy appeal lieu! the dcle!nuusti, +n If the line, I,a Itilluu I'll I I 4 I ) husinens ,I IV4 0l Ow &,lc null, !s eiven In Ihu applieao-l. 4ppe"I ahnuld be wad( lu the (ilv !nsimgt I br IIIing a e 111eII ,,,Nice. ul .ppcal ,f I the alv I lot1, Ind the Ippcal shall b_ hcunl ea it IikvE njal, xCtiol. , i IIli Ill hw arlL lc "t,c t1L_I110. Appi o'nlsir(1(111,11 it alit (c!) I he dirI sh;lll appn.,c sir dam a "InplcWd appin'ItI a for It pcmul, nd gi, c uoliec lu the apphWM 01 the dl I-ISIO 1. as v!ou us pe Wbh: upcn! ,c iipl, imt Ill sin eau au,, morg than by c(5) busuuvs days Ater receipt I,I the c(fnlplc!cd appheak(n) tchid! Ills been slgnall on beh,dl: Ill . all apphca6h: H) dcparlmcnls. the luuc lunitanunl m I lna. subpual ! 'l,, be cxwl aed to ;I iron, ((It'll]) upnu a uttcn !caue.l of ap apphuml. )b) In the cccnl the dif celu! dcuics an "hcakm lo! a pmn& the Omni ,hall state• m mil_ug, Ili, spce f!r Icaxro(s) I'nr dnu!,d of the dpJ1llCdti01l, .nld, it pps Able, !ee-pmmenxl specific changes to the application which, it mule and ,ICUpletl b) the ,tpplicarn It nuld be accy"Whlc lu the director. Into notice to the applicant (It the dc,lvun, and adetae the applicant of hl, riahl to appeal the cku.ion If, the city manager wi0tin tun IIn) busincsa das a of the dale mill, not!", See: 3f1- 7lF7:— e }HEftHt;fyerf city crtarraer to {teviexelf),wfeertenefeftr11t t iac e+tv srtaa Cafe •dtall i4c a la,+i, .d- t!+tt+ gnfeet Hli4l ictr =1! -t3 hie- al eEio aly poiaiwii whiek shal4 not he tae o s+eriettE -wand to Ec wtteeai- flits- mtick- r,F- Owgaat alit ees of ffw {- 'enM:keaiex +1 VH`gie+a+ar -Nae, e at- ittiHa! rack -44+0 [10,4kfif �;fakc� —V+OW l (It am, eernl+f+e+rt nt�tgie!alai eta444 >c��dx- rkaHNrrc+ifiHis- �rt.�n,. ` c, 10 107, Hcu it I mtvc nu al u( to +l lur d umi ea and utinI cicamt Rain tu'.ournl of u.al kn if n:m r. auJ nl cicnII III hi nI all ui .ill +hrnni of the >pc cu,II ct II eL:dl he .cspm r.i hlc Iw pt nd urwc a rapt :.I Ilic I.n niil np,.,n rcy ursl b� rmc I'it� ,.ILrrii Ihi,nmho I die d I nnl I n..(I I c I L lu ad.lil i.m h. the cli u.�r. nulli<ivrJ h', Scclinns .'.I -R4 and _'.{ VII ul lilt 1'udc. the I In I e cs I I I I II In hill ;m : I I1 1 1 end to I I I I I n( nl a +pci i:d ul hn :� mihuucnii nt n( the eosl hu ncui ric:m -nil unJ ur rcpun ui danr,:pc Ic. 4 reel �. r.idc�c;dhs, ni nia wrs_ or ,dbri public pn.perl �, c'uusrJ by of dirccil} lu the I III .AI mg,uuic. and ar uppLrml of a yx-cI It cx III li II lull. In pick up lia,d: cuuxd h� 16111 c: ail !n¢I �:. rauncs dunucc to public ptuprtl� :uul nr dwups hui:u dour malcri,d, m public pi.gxtls mil be ;uncsscJ the a.sl of such damapcs plus an uJuunnt uo in Ice uh Itt cnlp pornnl (.311 °0)_ of seal! rosl.. ,111 6116 Haut he paid n i(hm Ihicts (,111 n1 11 a Joy. 0f 1 cipt ur ,ucli u ill he subnuticd D, the ('i(c ! ; cexn ei ;or rullccliuu. ,4c,, n) 109,- Aulhmil to arir;ai. Luu.tl >hail III 'l it, ♦ the nt II'onP< rf oll, Ienlure<mvIli o!h'I'l (n ,46191 a pers,n, f an H 'l00" R, h . nhi:rh Ihl prrmil tit oaltd it dw "'ll l of sorb vr�,un inlnlcn oat titaic ,.r hdi al Inca_ c, r;c or Van,'._ or anv nrdinjm r nt thr 4'ity „1' „thoe"t c;wsc9 ;: hi C,ieh of the Petit', S.iy,._JR -1{dY. 1._AAr -Caj uccdurc. (?1 1 pun dental b' }hcdilutor of an applicpttion lol a pclmil Ih� dn<ooi shill nice nuhcy to die applicant of the doo lnn _prrumuny, It 1111 app hcluloll dud [lie ❑p pla,ml and)_ appt,d Irunl me dcic'minatiou ill th1 dnlcRn ydhin tc❑ (Ill) business dig s of the date notice is final to the epplicanl, (hl Appeal AN K made Al (ht eig nanog.:r b� Idwg a miden nohce ui ppod lcnh the ch" clot, the n0ime 01 appeal shall It 10Ith cueh p0n1on_01 (hc dceisiou rrndcic hs ille Woo: fan t "Ali We appheoul u):pc,ds. (') Hie nonce of upped and ;tpphcallon'hull be lcl Icecd by the c1(} mart 1pcl. and the uty m naget shilfl III _ill ijog tile apphcatxul on appeal ds soon es possible but In 110 ca,,e at, mgrs Than fisc_(_51 hus ness dayot Phc_rmaw or we mmm of appeal. At IlIc option of the c_ty(ilan I ta such rmets uav occur ill the prex.nee uf_the artl3hLaNdL the tune hmitatioll in this subpalaUraph may be extended m a doilloc date upon %sJlhcn request of the ra m6c'ani. 10 Irl In ILc „col Ili: c11V IIIIII,I Isl demI „aii ap p l l rul II III tin a IIkInlit. the,1t, 1n:n u1t�c1 ~hull , -la1c. in OJ IIII1 11, tI,e1G, reuaoII('I &u denial of the inn. :"Id. 11 p'—jlLh. lccuuuucnd ,jw,ill, clnli lw,, la Ill, . I) Id It :111 o11 „ IIt[I 11 ue1d0 .ill I nrcrplII Is, the n1,plicnnL UI IT1,1 6c .1 c, ct, l o 61, n t1, t i: II 01.1P.1. uI,I cicc nnllle lu the tyq,I cult of ILc dvci>1oII I III rnvnaII,I - ps,itir III I ", :nc u,ccplublc In ILc nfph, -unl lire a I icnut II I occ clll the c I III s Ins the nppluvlissu, u1 ,. cilia n, oilhln li,c ( >) bowie.. du,�. ,s(nla iec un cu hs the upphrull of the cil'� ulaua _�,:r'> J.rul�al. Idl lu the c, cat Iha ri D, roan.I k I ,11 11 1vL un upf 11 T t 111 , lot a Tel uit. the L h, ur,II TIC I shut! 91, P III IT(, to the appl 1 o1 of the d,, I,IoII pert a l l nod; to Ihu all t,h,'nl urn. Sec. i0 108.2. Rcvucakou of a hiI nlil. (,I) .Ain ITT nu11111J Ile I,.,sl.ed b, (Irc t .-i lol hn the lullms i I c l cluam: III AA1um bL lcasult of d1a:c,irr. public IItuniI rinl or olhel cmerreun, rilher bulim n, (!Ill inf. a fubG, u.scnlhls the clod rat I,( d ie'c cis; l cl l u i 11,s tiwt the _.dell of it IL pll III u nr III Of, II, I -It I IIc. sutit1 CV ji ss¢ (7) the 1pl,lieant ,l tal, m1t (crm n1 .nnehtuln of the peutit any nrdivancc oh ! I, CI III cut IIIv o1 (h, ( ,IIII ,rcuIth of Vil°uW1, ur ans I'm It 16e nnitcd Sisk ,chile coliduelnls. ul pw uripaling in, the public a.scml ly; or 1 he- dircell i feel aline. that ill luru)anon pt, en b} the appliewrt u ,I IT apphcnt To II lot peunIt a.ls Ill cot III, I TV] I giycII (I t I) celllllC, inc(ii,et inl th,1 ,i 6 infoi nalmn i, ela,ant to the goid, un(I nhlocirtcs in Sc I l �O Inl of (hi; ('ndV, as almildc(L and wild ium, the bas i, III ;, dcnnd. ;b) !teal notice ut a1ch rccoca usm shn_II or gnep a vnoil as In,sslhlc but ul to cce7Il Dula than fold erghl (4h) ho is from the elate on „hich the dncc(or determines that such ro %ocdtion i5 icq mcC Written notice of udt Icc_ucahmt shill be given m (ne X51 bLIMItcss days of the Chile on which the du ec tot_ del el it c, flat ICkoctiOr, Is require( anti such t,utten notice sitall__set toitlr the raison of reasons Coe such relocation and shall tie still by fast clie" nlg_I to the applleaut's address as set forth Ill the gpplscat oli, ICI tlpuu to be fill, (1ircclor, the apph,r,Ill snap upped lion) (hc dcienminatiou of the dirrulor o -1111111 Icn ( 10) bu,iness dues of the chile colic, is given hi 111C applicenl. Appcul should bC made Lo the oilv iounagcr ht liIiug a �uI tic,, notit'( (d uppcel with IhC Cil1 clerk a11d the nppeul sh:dl br hrnd as if filed under Seellall 311 -IOl 1111.1 0l this u tide See. 30 -1083_ aulhorill of (ilk maua,,cr to wonndetile policies h� city nruuigct shill he am hnnial ( {� ptr nntlgu[c .PCCIJ) c }Cllr poltCtcs and pgtcCxlwcs fla (hc admiuisliuhnn of Special acnl ut Public asvcmhlN pcilluts cc hich shall not .¢C wumsfsllnl w Ili life Ietnts of this article of [Plc �,uaianlcclg of the ( onsh(fllion of Virginia m IhC ('onstiluuun of Lhc I inilcd Stale Violation of and Cnudilinn c 1 ,t permi( shall be a ciolntion of Phis sccuon._ Sec. 311- I08.4. Authorih to arrest. �A permit shull no( affect Ibc audio nV td fam lam cufmcrnicnt olliCU to:irfc,t a person ut_uggl in a11ti aais a ,iCu\ pier. lm Mitch the punnt ugs_'.tanicd, 11 the Couduc� of such pecue, ciokltc., any sink a a&lclf lao, code of statute, or auc ordinunenr o! the ( uy nl Roa1116c_m whdu nC C.Iw cs a bte tch ol.Lhc prier. 2. Any permit issued prior to the effective date of this Ordinance for a public assembly that will occur after the effective date of this Ordinance is unaffected by passage of this Ordinance. Any completed application for a permit submitted prior to the effective date of this Ordinance for a public assembly to occur after the effective date of this Ordinance shall be acted on in accordance with the provisions of this Ordinance without submission of a new application. 3. This Ordinance shall become effective upon adoption. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. �--' 12 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 16, 2018 Subject: Amendment of City Code - Permit for Public Assemblies Background: A stakeholder group which included event organizers /sponsors, retail business owners, restaurant owners, an arts community representative, a development community representative, a Downtown Roanoke, Inc. representative, and City of Roanoke staff reviewed existing public assembly permit requirements and policies. Based on the review by the aforementioned stakeholder group, staff has developed a new Special Events Policy to further refine the public assembly permit process and to best ensure an appropriate balance between events that contribute to the vitality of our downtown and the impacts of those events on residents, businesses and visitors to downtown. More specifically, the Special Events Policy is intended to protect the health and public safety of citizens, limit the inconvenience to residents, businesses, places of worship and learning, and other regular users of these facilities, establish a straightforward and accountable process for event organizers, and enable public agencies to manage these events in a cost - effective and well - coordinated way. Considerations: Sections 30 -101 through 30 -108, of Article V. I., Permit for Public Assemblies, Chapter 30, Streets and Sidewalks, Code of the City of Roanoke (1979), as amended, require revisions to establish the provisions in the Special Events Policy. Revisions include clarification of the definitions of Public Assembly and Special Events, revisions to permit application time frames, and providing for reimbursement of cost for damages and event clean -up. The time frames for the permit applications proposed vary from the time frames presented to City Council in a previous work session. Reimbursement of cost for damages and event clean -up is currently proposed instead of a security deposit as previously presented to City Council. The proposed time frames and cost reimbursement are recommended after additional discussions among City staff, including the City Attorney, and are designed to address First Amendment free speech issues presented by public assemblies. The proposed revisions balance the rights of individuals seeking to express their views with the legitimate needs of the City in protecting the health, safety, and welfare of the public. Recommended Action: Adopt the accompanying ordinance to amend Chapter 30, Streets and Sidewalks, of City Code, by amending and reordaining Sections 30 -101 through 30 -108. --------------- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Timothy Spencer, Senior Assistant City Attorney IN T Ili COUNCI I.OP'fl II? CITY OI; ROANOKE, VIRGINIA The 16th clay of .January, 2018. No. 41033- 011618. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Shaffer's Crossing Pedestrian Boardwalk Replacement project (" Projcct" ); 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. B[; IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City wants and needs certain real property air rights, to include a permanent easement of variable length and width, and such other real property interests as needed, as set forth in the City Council Agenda Report dated January 16, 2018, for the Project, in the general vicinity of the open drainage channel adjacent to 24°i Street, N.W. under the Shaffer's Crossing tracks of Norfolk Southern Railway Company, and surrounding streets. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property air right interests and appropriate ancillary rights with respect to the real property parcel 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 for such consideration as deemed appropriate for the necessary interest, 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 tuids available in the Project's account lilt such purposes, without further authorization of Council. Upon the 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 authorived to pay the respective consideration to the owner of the real property air right 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. A'I "fCST: \ ^^ City Clerk. 0 Authorize acquis at prop rights- Shaffu's Crossing pedestrian Boardwalk tteplaeemenl Project (1.16.18) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 16, 2018 Subject: Acquisition of Real Property Air Rights for Shaffer's Crossing Pedestrian Boardwalk Replacement Project Background The Shaffer's Crossing Pedestrian Boardwalk Replacement project includes the replacement of a deteriorated existing timber boardwalk with a new southern yellow pine timber boardwalk supported by stainless steel brackets and anchor bolts. This project is in the general vicinity of an open drainage channel adjacent to 24t' Street under the Shaffer's Crossing tracks of Norfolk Southern Railway Company. In order to construct, operate, and maintain the proposed improvements, the city will need to acquire real property air rights from Norfolk Southern Railway Company. Considerations: City Council action is necessary to authorize the acquisition of real property air rights needed for the Shaffer's Crossing Pedestrian Boardwalk Replacement project. The real property air rights needed is outlined below, but are subject to minor variation of location and extent pending final engineering design details. Funding for acquisition of these real property rights will be available in project account 08 -530 -8643 Shaffer's Crossing Pedestrian Boardwalk Replacement. A permanent aerial easement of variable length and width is required to accommodate construction activities and listed below: Tax Map Parcel Number Address Owner Required Property Rights A Portion of Norfolk Southern Official Roadway Adjacent Norfolk Southern Tax Map to 24" Street Railway Company Permanent Aerial Easement Number (Shaffer's 9999999 Crossing) Recommended Action: Authorize the acquisition of any and all real property rights needed to construct the proposed Shaffer's Crossing Pedestrian Boardwalk Replacement 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. - - - -f --------------- - - - -- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Luke E. Pugh, P.E., City Engineer Josephus M. Johnson - Koroma, P.E., Civil Engineer II Cassandra L. Turner, Economic Development Specialist IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of January, 2018. No. 41034 - 011618. AN ORDINANCE to appropriate funding from the Commonwealth grants 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 Materials & Supplies 302 - 170 - 0000 - 1160 -771M- 61100- 46613 -3 -03 $ 30,000 Revenues State Grant Receipts 302 - 000 - 0000 - 0000 - 771 M - 00000 - 32712 - 0 - 00 $ 30,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk .. January 16, 2018 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, January 9, 2018, the Board respectfully requests that City Council approve the following appropriation requests: New Appropriation Award Virginia Western Community College: Claude Moore Health Professional Academy 2017 -18 $30,000 On behalf of the School Board, thank you for your consideration. Sincerely, r1 Pt�l Cindy H. Poulton, Clerk pc: Dan Callaghan Rita D. Bishop Bob Cowell Kathleen Jackson Amelia Merchant Holli Salyers (w /details) Annette Lewis IN 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.rcos.info r: 540.853.2381 t 540.853.2951 P.O. Box 13145 Roanoke VA 24031 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 16, 2018 Subject: School Board Appropriation Request Background: As the result of official Roanoke City School Board action at its January 9, 2018 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2017 -18 Virginia Western Community College: Claud Moore Health Professional Academy grant award of $30,000 provides funds to support equipment and classroom resources for the EMT and Nursing Assistant pathways offered through Roanoke Technical Education Center. The Virginia Western Community College Educational Foundation is to serve as the fiscal agent of this grant. This grant will be reimbursed by state funds. 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. Ro er S�Powe ,Jr. City Manager Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Director of Finance CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540)853 -1145 S 1,11HAN1E M. MOON REYNOLDS, MMC E -mail: elerkC mumkevn.,v CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk January 18, 2018 Pastor Doug B. Paysour Windsor Hills United Methodist Church 3591 Windsor Road, S. W. Roanoke, Virginia 24018 Dear Pastor Paysour: 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 Tuesday, January 16, 2018. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, QOr A� Stephanie M. Moon Rey nEll s, MM City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chmch Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540) 853 -1145 E -mail elerk(n,..a.kevn.gov January 17, 2018 Mrs. Arlene Murphy 23 Millard Street Fairfield, Connecticut 06824 Dear Mrs. Murphy: CECELIA F. MCCOV Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk I am enclosing ceremonial copy of Resolution No. 41035 - 011618 memorializing the late Edward G. Murphy, M.D., former President and Chief Executive Officer of Carilion Clinic. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Tuesday, January 16, 2018. On behalf of the Mayor and Members of Council, I wish to extend to you and your family the Council's sincerest condolences and its deepest regret and sorrow at the passing of your late husband and recognize the impact he had on Roanoke and the Carilion Health System. Ste�Sincerely, 6 S rQ.C(� Moon Rids, MMC 'Iv City Clerk Enclosure IN VI IF COUNCIL OP'1'1 W CI IY OP ROANOKIL VIRGINIA The 16th day of January, 2018. No. 41035- 011618. A RESOLUTION memorializing the Tate Edward G. Murphy, M.D., educator, administrator. and former President and Chief Executive Officer fnr Canlion Clinic. WI IEREAS, the members of Council learned with sorrow of the passing of Dr. Murphy on Sunday, October 15, 2017; WI- IEREAS, Dr. Murphy was born on November 21, 1955, in Cohocs. New York to Edward L. Murphy and Isabelle Corona Murphy; WHEREAS, Dr. Murphy received his college degree from the University of Albany, graduating with honors, and received his medical degree from the Harvard Medical School at Harvard University, graduating cum laude; WHEREAS, following his graduation from Harvard Medical School, Dr. Murphy opted to pursue a career in health research and administration rather than a full -time medical practice; WHEREAS, as an educator and administrator, Dr. Murphy served as a clinical professor at the University of Albany School of Public Health and adjunct assistant professor at Rensselaer Polytechnic Institute School of Management; WHEREAS, Dr. Murphy also served as President and CEO of Leonard Hospital, based in Troy, New York, beginning in 1989; WHEREAS, during his tenure at Leonard Hospital, Dr. Murphy led the negotiations that culminated in the creation of Seton Health System, an integrated health care system that served six counties in upstate New York, and, in 1994, Dr. Murphy became President and CEO of Seton Health System; WHERI!AS, Dr. Murphy came to Roanoke. Virginia in 1998 to join Carilion Health System as Executive Vice President and Chief Operating Officer, and was later named President and Chief FNCCLaoe O1liccr of C'urilion I Ieallh System, a position he served with distinction for years; WHrRFAS, during his lenurc as President and C'EO of Carilion Ilcalth System, Dr. Murphy presided over some of the most dynamic, compelling, and significant events in the organization's history, including the transition from a system of hospitals to a physician -led clinic model, and the creation of the Virginia feel, Carilion School of Medicine and Research Inslitutet WHI;RI:AS, following his distinguished service at Carilion Ilcalth System, Dr. Murphy worked with 'fowcrBrrok Capital Partners L.P. in 2011, and Radius Ventures LLC starting in 2012, and, in 2016, became Executive Chairman of Management Health Solutions of Stratford, Connecticut; WHEREAS, community service always being his priority, Dr. Murphy assumed active leadership roles in numerous non -profit organizations dedicated to education, health care improvement, and quality of life; and WHEREAS, Dr. Murphy was beloved by his family, friends, and colleagues for his humble and soft- spoken nature, his sense of humor, and his willingness to work hard with no expectation of reward or acclaim. THEREFORE, BE IT RESOLVED by the Council of City of Roanoke as follows: City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Edward G. Murphy, M.D., extending to his family its sincerest condolences, and recognizing the impact he had on Roanoke and the Carilion Health System. The City Clerk is directed to forward an attested copy of this resolution to Ur. Murphy's widow, Arlene Murphy, of faidield, Connecticut. ATTFS'f: n, City Clerk. IN IF IF COUNCIL OF IF IF CITY OF ROANOKF, VIRGINIA The 16th day of January, 2018. No. 41036 - 011618. A RESOLUTION recognizing, congratulating, and honoring the 2017 Roanoke Catholic School Celtics Football '['earn in winning the 2017 Virginia Independent Schools Athletic Association Division III stale championship on November 17, 2017. WHEREAS, the Roanoke Catholic School Celtics Football 'feam, comprised of 31 players-, completed an undefeated season at I I — 0, for the second time in Roanoke Catholic High School history; WHEREAS, during their 2017 campaign, the Celtics defeated cross -town rival North Cross, 30 -22, for the first time in 10 seasons; WHEREAS, on November 17, 2017, the Celtics culminated their championship season by defeating Fuqua School of Farmville, Virginia for their 21" consecutive victory and securing the 2017 Virginia Independent Schools Athletic Association Division III state championship; WHEREAS, the 2017 Celtics repeated as champions for the first time in school history mid secured its third championship in four consecutive appearances in the championship game; WHEREAS, the 2017 Celtics were a team filled with talented individuals, including four team members, James Carpenter, Jacob Elliott, Mykah English, and Alex Vaught, who were all named to the Virginia Independent Schools Athletic Association First Team All -State Division III; WHEREAS, Junior Mykah English was named the Virginia Independent Schools Athletic Association Division III State Player of the Year; and W11FREAS, the Virginia Independent Schools Athletic Association Division III recognised ilead Coach Bob Price by naming him Slate Coach of the Year for the second consecutive year in 2017, I I IIiRIiPOI21'., BI: I RBSOLVGD by the Council (it the City of Roanoke that: Council adopts this resolution as a means of recognizing, congratulating, and honoring the 2017 Roanoke Catholic School Celtics Football 'Pcam and its coaches for all of their accomplishments, including securing the 2017 Virginia Independent Schools Athletic Association Division III stale championship. 2. The City Clerk is directed to forward an attested copy of this resolution to Bob Price, Joe Sweeney, Kenny Wimmer, Mike Kolnok, John Clark, .Jefferson Lee, and Mike Pyle, the head coach and coaching staff of the 2017 State Champion Celtics. ATTGS'I': r` City Clerk. CECELIA T. W EBB, CMC January 17, 2018 A,,ntant Depuy City Clerk Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 41037-011618 amending Section 11.5 -8, Billing penalties and interest, of Chapter 11.5, Stormwater Utility, Code of the City of Roanoke (1979) as amended, and to provide for the order in which payments of the stormwater utility fee, the solid waste collection fee, and real estate taxes are applied when such one or more of such fees are delinquent; The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Tuesday, January 16, 2018; and is in full force and effect on upon its passage. Sincerely, Stephanie M. Moon Reyno City Clerk Enclosure PC: The Honorable Brenda S. Hamilton, Clerk of Circuit Court The Honorable Evelyn Powers, City Treasurer Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian Donald S. Caldwell, Commonwealth's Attorney Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director of Finance Jeffrey Powell, Manager, Solid Waste Management Dwayne D'Ardenne, Stormwater Manager Susan Lower, Director of Real Estate Valuation CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'Telephone: (540)853 -2541 Enx: (540) 853 -1145 S'I'ITHANIE M. MOON REYNOLDS, MMC E -mnil: elerk(a)roano ke,u.gre City Clerk CECELIA F. MCCOY Deputy City Clerk CECELIA T. W EBB, CMC January 17, 2018 A,,ntant Depuy City Clerk Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 41037-011618 amending Section 11.5 -8, Billing penalties and interest, of Chapter 11.5, Stormwater Utility, Code of the City of Roanoke (1979) as amended, and to provide for the order in which payments of the stormwater utility fee, the solid waste collection fee, and real estate taxes are applied when such one or more of such fees are delinquent; The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Tuesday, January 16, 2018; and is in full force and effect on upon its passage. Sincerely, Stephanie M. Moon Reyno City Clerk Enclosure PC: The Honorable Brenda S. Hamilton, Clerk of Circuit Court The Honorable Evelyn Powers, City Treasurer Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian Donald S. Caldwell, Commonwealth's Attorney Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director of Finance Jeffrey Powell, Manager, Solid Waste Management Dwayne D'Ardenne, Stormwater Manager Susan Lower, Director of Real Estate Valuation I( IN'fllli COUNCII.OE'III E CITY OR ROANOKE, VIRGINIA 'nc(, 76th day of January, 2018. . No. 41037 - 011618. AN ORDINANCE. amending Section 11,5 -8, Billing? penallics,_and interest, of Chapter 1 1.5, Stnrmwaka Utility, Code of the City of Roanoke (1979) as amended, to provide tier the order in which payments of the stomnwater utility fee, the solid waste collection Ice, and real estate taxes arc applied when such one or more of such fees are delinquent; providing fin r an effective date, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: I. Section 11.5 -8, Billing penalties and interest, of Chapter 11.5, Stornwater Utility, Code of the City of Roanoke (1979) as amended is hereby amended and rcordained to read and provide as follows: Sec. 11.5 -8. - Billing, penalties, and interest. (a) The stormwater utility fee shall be billed and payable on the same schedule as prescribed in section 32 -18 of this Code, Real Estate Taxes, and shall be subject to the same penalties and interest as prescribed in section 32 -19, unless a petition for adjustment has been submitted and is under active consideration by the city manager in accordance with section 11.5 -9 below. The storrwater utility fee may be billed separately or may be combined with other billings, and, when combined, payment will be applied first to any applicable solid waste collection fees, then to any applicable stormwater utility fee, and then to all other taxes and fees, as determined by the city treasurer, in accordance with section 15.2- 2114.G, Code of Virginia (1950), as amended. PRpi(fut, hOPUp V,i -WIc any Igch egUnnt has nice 01 mogv d(floquent amounts past (tire, payment will be applied fusl to such tea or tax rogethci uilh au} cunwlativc interest and p(rnalttcs t }creon, that m the most delinqucm befbrc the payurent (611 be applied to 'nay current amounts due. (b) A delinquent stormwater utility fee, along with cumulative interest and penalties, shall constitute a lien on the parcel ranking in parity with liens for unpaid laxoS and ,Shall he Cullecled in the .Dame nmmoer as provided for the ColICCiiun Ill unpaid real eslulo taxes. I cpl a. wurndrJ hiIciu_ Ihr I, In:u [Idyl u Ihi pi n(Ia i M1 I. of iAIhclr I Iii (,rncnJ_ ('haptcI I I.',. Slnlun,nI,I I IIIIII" (',(I� , � I Ihi ('II( � � i 1 <u:wol.0 (10?O) aS unlcndiil_ S11:dl rCmmu uuchmwcd and iu lull Im,, .Ind (,it, t tl. "Phis ordinance shall be in full lot cc and effect upon its adoption. I'. Pursuant to §12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. 2 City ClerK. �oF aoM•o CITY OF ROANOKE c "* OFFICE OF THE CITY ATTORNEY _ 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 Daniel J. Callaghan TELEPHONE 540.853 -2431 City Attorney FAX 540.853 -1221 EMAIL: cityatty @roaookeva.gov January 16, 2018 The Honorable Sherman P. Lea, Sr., Mayor and Members of City Council Roanoke, Virginia Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Re: Amendment to Section 11.5 -8, Billing, penalties and interest, Chapter 11.5, Stormwater Utility, Code of the City of Roanoke (1979), as amended Mayor Lea and Members of Council: Background: Pursuant to Ordinance No. 39808 - 111813, adopted by City Council on November 18, 2013, after a public hearing was scheduled and advertised for council to consider the matter, City Council amended the City Code by enacting new Section 1 L5, Stormwater Utility, which, among other things, provided for the imposition of a stormwater utility fee against all improved parcels of real estate situated in the City of Roanoke (except such parcels that were otherwise excepted by the ordinance), for the purpose of offsetting the costs and expenses incurred by the City of treating stormwater discharged from improved real property into the City's stormwater management system. Section 11.5 -8 of the City Code, Billing, penalties, and interest, provides that the stormwater utility fee may be combined and billed on the same schedule as real estate taxes, and that when such billing is combined, payments received will be first applied to the stormwater fee, and the remainder of the payment applied to all other taxes and fees. Subsequent to adoption of Ordinance No. 39808-111813. City Council adopted Ordinance No. 40816- 051517 on May 15, 2017, which amended Section 14.1 -5 of the City Code, Fees for collection, of Chapter 14.1, Solid Waste Management and authorized fees for the collection of solid waste by the City from the owners of real property situated in the City of Roanoke. Section 14.1 -5(c) of the City Code further authorized the City to combine and bill such solid waste collection fees with real estate taxes, and that when Such billing is combined, payments received will be first applied to the solid waste collection fees, then to the stormwater utility fee, and the remainder of' the payment is to be applied to all other taxes and fees as determined by the City Treasurer, In June 2017, City Council adopted Ordinance No. 40878 - 061917, to amend Section 11.5 -8 of the City Code to conform the stormwater code section with Ordinance No. 40816- 051517. The City 'I reasurer's Office has historically applied payments received from property owners for taxes and fees first to the most delinquent account then to current amounts due. This practice helps prevent taxpayers from becoming further behind in their payments, as additional interest and penalty are added to delinquent amounts that are due. Considerations The practice of the City Treasurer's Office of applying tax payments to the most delinquent account conflicts with Section 11.5 -8 and Section 14.1 -5(c) of the City Code. After discussion of this matter among relevant City staff, including the City Treasurer's Office, staff recommends that the City Treasurer's practice be continued as it benefits taxpayers by helping prevent them from becoming behind in their payments. Moreover, the technical limitations of the software used by the City that processes tax payments and which software applies payments received to the most delinquent account, may prevent revisions to the software to allow for the application of payments in the manner directed by Section 11.5 -8 and Section 14.1 -5(c) of the City Code. For these reasons, staff recommends that Section 11.5 -8 and Section 14.1 -5(c) be amended to provide that payments received for amounts invoiced on the real estate tax statement continued to be applied first to the solid waste collection fee, then to the stormwater utility fee, with the remainder of the payments applied to taxes and fees as determined by the City Treasurer, except that when an account has one or more delinquent amounts due, such payment will be applied first to the account that is the most delinquent before the payment would be applied to any current amounts due. Under Section 15.2 -2114, et sec, Code of Virginia (1950), as amended, prior to amending any provision of the City's Stormwater Utility Ordinance, the City is required to give public notice and conduct a public hearing for City Council to consider the matter. City Council has authorized a public hearing and a public hearing has been properly advertised for Tuesday, January 16, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber. Recommended Action Conduct the public hearing on January 16, 2018, and after receiving comments from interested persons, close the public hearing. After consideration of the comments received at the public hearing, adopt the attached ordinance amending and reordaining Section 11.5 -8, Billine penalties, and interest, of Chapter 11.5, Stormwater Utility, of the Code of the City of Roanoke (1979), as amended in the manner set forth above. �ni, S ii nnc c ee'rr/"e/ l y, ] 3 I J. C aghan City Attorney c: Robert S. Cowell, Jr. City Manager R. Brian Townsend, Assistant City Manager for Community Development Sherman Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Troy A. Harmon, City Auditor Stephanie M. Moon Reynolds, City Clerk The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - STORMWATER DIVISION Ann Odell O'Ardenne 1802 COURTLAND RD. NE ROANOKE, VA 24012 Account Number 6026342 Dale January 09, 2018 Data Category Description All Size Total Cost 0111512018 Legal Notices NOTICE OF PUBLIC HEARING The Church aft" City of Rc l x 73 L 735.76 NOTICE OF PUBLIC NEARING `i Y°°teeec whch YO�ie mntal proposed ordinance, 6y peneNes. and geY. ot. o! citable; IS Sormwater Uttm! G,e Cotle o the CIH of Roanoke (1979), as .... aof the ch, OI V4 Room .a.. Nml E °r MunldPal 9uIICln9, 215 Iv- Avenue. S.W., R rt Roanoke, Virginia m arms inn ater Utility may be viewed at In' noevs. ov (see !the link ° Me left side !or starmwater utlllty aO a "me atedwe` date persons be i May n °My on nuer.l who chap By Y e-be be modauona mr Ills r-oh 9 `dieade contest the my elerk. omre m Sea) e53 -:Set, Cstore n the rnursd. before the date ai the nearing %also abaye. GIVEN under my nand thld 2nd day of lan°ery. zet a. stephenle St... e Reynolds, MMC ik Publisher of the Roanoke Times 1, (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: 01102,0110912018 The First insertion being given... 0110 212 01 8 Newspaper rare ce: o000674485 Bi epresentative Swum to and subscribed before ma this Tuesday, January 0, 2018 41-�' /Notary Public lL / Sete of Virginia �`,�P: NOLCR';` ?�, City /County of Roanoke Cy - F; Pl15L:C 9 MY Commission ezpiree ( ] tE : REG. ,'.'332664 1 me cDMMssheN THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU P)L NOTICE. OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Tuesday, January 16, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider proposed ordinances amending Section 11.5 -8, Billing penalties, and interest, of Chapter 11.5, Stormwater Utilitv, of the Code of the City of Roanoke (1979), as amended. Section 11.5 -8 of the City Code which authorizes the stormwater utility fee and solid waste collection to be included on the real estate tax statement, directs that payments are to be applied first to any applicable solid waste collection fees, then to any applicable stormwater utility fee, and then to all other taxes and fees, as determined by the city treasurer. The proposed amendment to Section 11.5 -8 of the City Code would retain this same order of payment, except that when an account has one or more delinquent amounts past due, payment would be applied first to such fee or tax, together with any cumulative interest and penalties thereon, that is the most delinquent before the payment would be applied to any current amounts due. A copy of the proposed ordinances, which would amend Section 11.5 -8, Billing, penalties and interest, of Chapter 11.5, Stormwater Utility, of the Code of the City of Roanoke (1979), as amended, are available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. A copy of the above ordinances as well as other information on the stormwater utility may be viewed at the City's website at www.roanokeva.gov (see the link on the left side for stormwater utility information). All parties and interested persons may appear on the above date and be heard on this matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before noon on the Thursday before the date ofthe hearing listed above. GIVEN under my hand this 2nd day of January, 2018. Stephanie M. Moon Reynolds, MMC City Clerk Note to Publisher: Please publish twice in The Roanoke Times, Legal Notices, once on Tuesday, January 2, 2018, and once on January 9, 2018. Send Certification /Affidavit to: Stephanie M. Moon Reynolds, MMC, City Clerk Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, VA 24011 Phone: (540) 853 -2541 Send Invoice to: Dwayne D'Ardenne Stormwater Utility Manager City of Roanoke — Department of Public Works 1802 Courtland Road, N.E. Roanoke, VA 24012 Phone: (540) 853-1756 im CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 NW Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540)853 -1145 S' 111141 ANIF M. MOON REYNOLDS, MMC E-mail: elerk(glrnenokevn.gov CECELIA E. MCCOY City Clak Deputy City Clerk CECELIAT. WERR, CMC January 17, 2018 Assistant Deput, City Clerk Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 41038 - 011618 amending Section 14.1 -5, Fees for collection, Article I, In General, Chapter 14.1, Solid Waste Management, Code of the City of Roanoke (1979) as amended, and to provide for the order in which payments of the stormwater utility fee, the solid waste collection fee, and real estate taxes are applied when such one or more of such fees are delinquent. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Tuesday, January 16, 2018; and is in full force and effect on upon its passage. Sincerely, Stephanie M. Moon Reynolds, M C City Clerk Enclosure PC: The Honorable Brenda S. Hamilton, Clerk of Circuit Court The Honorable Evelyn Powers, City Treasurer Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian Donald S. Caldwell, Commonwealth's Attorney Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director of Finance Jeffrey Powell, Manager, Solid Waste Management Dwayne D'Ardenne, Stormwater Manager Susan Lower, Director of Real Estate Valuation I I /)( IN'11IF 'O(1NCIL OF HIF CITY 01' ROANOKF, VIRGINIA The 16th day of lam,ary, 7.018. No. 41038- 011618. AN ORDINAN(T amending Section 14.1 -5, Fees_ for collection, Article I, In General, Chapter 14.1, Solid Waste Management, Code of the City of Roaoolm (1979) as amended, to provide lot the order in which payments of the stormwater utility fee the solid waste collection fee, and real estate taxes are applied when such one or more of such fees are delinquent; providing for an effective date, and dispensing with the second reading of this ordinance by title. BF IT ORDAINED by the Council of the City of Roanoke that: Section 14.1 -5, Fees for collection, Article I, In General, Chapter 14.1, Solid Waste Management, Code of the City of Roanoke (1979) as amended, is hereby amended and reordained to read and provide as follows: Sec. 14.1 -5. - Fees for collection. (c) (1) For the July 1, 2017 to June 30, 2018 fiscal year, the fees pertaining to removal and disposal of solid waste for parcel owners eligible for any of such services, and not exempted by the city from the receipt of all of such services by virtue of using a trash compactor in the central business district or using a private solid waste removal company, shall commence as of January 1, 2018, and shall be billed for the period of January 1, 2018 through June 30, 2018, by the city treasurer in one (1) installment due on February 15, 2018. Such solid waste fees may be billed separately or may be combined with other billings, and, when combined, payment will be applied first to the solid waste collection fees then due and payable, then to other amounts identified and due in such billing. Pror idctL hr��gsu Mhcrc d% wCh LROILIHI hen 0111.01 1111111 dcliuyuent amount past dnC, paynl nl "ill b1 applied first to �ueh tec 111 (1,\. l(TOlact vith_ 1_nJ ciand ll yc mtep, t and p _nalties thclum, that n the most tie] ux,ue?t before the puNma:i kill be applied to any Current ancoint dur. (2) Commencing with the July 1, 2018 to June 30, 2019 fiscal year, and for each fiscal year thereafter, the fees pertaining to removal and disposal of solid waste for parcel owners eligible for any such services, and not exempted by the city from the receipt of such services by virtue of using a trash compactor in the central h1191ne4S dislricl or using, a private solid waste removal company, shall be billed and payable on the same schedule as prescribed in section 32.18, when (file and payable, of Arlicle 11, Read Estate Taxes, Generally, of Chapel 32, 'I'axalion, of the ('fly Code. Such solid waste collection Ices shall be combined with the real estate fax billings and other billings included thereon, and, when combine(], payment will be applied first to the solid waste collection fees, then to any applicable sformwater utility Ice, and then to all other taxes and fees, as determinul by the city trea5nrer. I'rnN n1cd. h0 rN ci_ all 11 um such around lds i�nr of ivarc dahn4uwl uunuulti pa,l dale p.ipoicol Null he applied III .l to curb fce ni lay. loge'fller N\ 1111 auundafnr i nECesl turd JWJI lltic, Iheram, thus is dW most �4lmooan belnlI the I'll inicnl 'c !if ho ;iEli lld to .lips rurrvnt :[111011111. due. » *r 2. Except as amended herein, the remainder of the provisions of Article 1, in General, Chapter 14.1, Solid Waste Management, Code of the City of Roanoke (1979) as amended, shall remain unchanged and in full force and effect. This ordinance shall be in fill force and effect upon its adoption. 4. Pursuant to $ 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. 2 'Ir'n YY Ltrn 2 a/ City Clerk. '. I Daniel J. Callaghan TELEPHONE 540.853 -2431 City Attorney FAX 540 - 853.1221 EMAIL, cimnt)Oroanoke,e . gm January 16, 2018 The Honorable Sherman P. Lea, Sr., Mayor and Members of City Council Roanoke, Virginia Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Re: Amendment to Section 14.1 -5, Fees for collection Article I, In General, Chapter 14.1, Solid Waste Management, Code of the City of Roanoke (1979), as amended Mayor Lea and Members of Council: Background: Pursuant to Ordinance No. 39808 - 111813, adopted by City Council on November 18, 2013, after a public hearing was scheduled and advertised for council to consider the matter, City Council amended the City Code by enacting new Section 11.5, Stormwater Utility, which, among other things, provided for the imposition of a stormwater utility fee against all improved parcels of real estate situated in the City of Roanoke (except such parcels that were otherwise excepted by the ordinance), for the purpose of offsetting the costs and expenses incurred by the City of treating stormwater discharged from improved real property into the City's stormwater management system. Section 11.5 -8 of the City Code, Billing, penalties, and interest provides that the stormwater utility fee may be combined and billed on the same schedule as real estate taxes, and that when such billing is combined, payments received will be first applied to the stormwater fee, and the remainder of the payment applied to all other taxes and fees. Subsequent to adoption of Ordinance No. 39808 - 111813, City Council adopted Ordinance No. 40816- 051517 on May 15, 2017, which amended Section 14.1 -5 of the City Code, Fees for collection, of Chapter 14. 1, Solid Waste Management. and authorized fees for the collection of solid waste by the City from the owners of real property situated in the City of Roanoke. Section 14.1 -5(c) of the City Code further authorized the City to combine and bill such solid waste collection fees with real estate taxes, and that when such billing is combined, payments received will be first applied to the solid waste collection fees, then to the stormwater utility fee, and the remainder of the payment is to be applied to all other taxes and fees as determined by the City Treasurer. In June 2017, City Council adopted Ordinance No. 40878 - 061917, to amend Section 11.5 -8 of the City Code to conform the stormwater code section with Ordinance No. 40816- 051517. The City Treasurer's Office has historically applied payments received from property owners for taxes and fees first to the most delinquent account then to current amounts due. This practice helps prevent taxpayers from becoming further behind in their payments, as additional interest and penalty are added to delinquent amounts that are due. CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING -- 215 CHURCH AVENUE, SW �+noiNrK- ROANOKE, VIRGINIA 24011 -1595 Daniel J. Callaghan TELEPHONE 540.853 -2431 City Attorney FAX 540 - 853.1221 EMAIL, cimnt)Oroanoke,e . gm January 16, 2018 The Honorable Sherman P. Lea, Sr., Mayor and Members of City Council Roanoke, Virginia Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Re: Amendment to Section 14.1 -5, Fees for collection Article I, In General, Chapter 14.1, Solid Waste Management, Code of the City of Roanoke (1979), as amended Mayor Lea and Members of Council: Background: Pursuant to Ordinance No. 39808 - 111813, adopted by City Council on November 18, 2013, after a public hearing was scheduled and advertised for council to consider the matter, City Council amended the City Code by enacting new Section 11.5, Stormwater Utility, which, among other things, provided for the imposition of a stormwater utility fee against all improved parcels of real estate situated in the City of Roanoke (except such parcels that were otherwise excepted by the ordinance), for the purpose of offsetting the costs and expenses incurred by the City of treating stormwater discharged from improved real property into the City's stormwater management system. Section 11.5 -8 of the City Code, Billing, penalties, and interest provides that the stormwater utility fee may be combined and billed on the same schedule as real estate taxes, and that when such billing is combined, payments received will be first applied to the stormwater fee, and the remainder of the payment applied to all other taxes and fees. Subsequent to adoption of Ordinance No. 39808 - 111813, City Council adopted Ordinance No. 40816- 051517 on May 15, 2017, which amended Section 14.1 -5 of the City Code, Fees for collection, of Chapter 14. 1, Solid Waste Management. and authorized fees for the collection of solid waste by the City from the owners of real property situated in the City of Roanoke. Section 14.1 -5(c) of the City Code further authorized the City to combine and bill such solid waste collection fees with real estate taxes, and that when such billing is combined, payments received will be first applied to the solid waste collection fees, then to the stormwater utility fee, and the remainder of the payment is to be applied to all other taxes and fees as determined by the City Treasurer. In June 2017, City Council adopted Ordinance No. 40878 - 061917, to amend Section 11.5 -8 of the City Code to conform the stormwater code section with Ordinance No. 40816- 051517. The City Treasurer's Office has historically applied payments received from property owners for taxes and fees first to the most delinquent account then to current amounts due. This practice helps prevent taxpayers from becoming further behind in their payments, as additional interest and penalty are added to delinquent amounts that are due. Considerations The practice of the City Treasurer's Office of applying tax payments to the most delinquent account conflicts with Section 11.5-8 and Section 14.1 -5(c) of the City Code. After discussion of this matter among relevant City staff, including the City Treasurer's Office, staff recommends that the City Treasurer's practice be continued as it benefits taxpayers by helping prevent them from becoming behind in their payments. Moreover, the technical limitations of the software used by the City that processes tax payments and which software applies payments received to the most delinquent account, may prevent revisions to the software to allow for the application of payments in the manner directed by Section 11.5 -8 and Section 14.1 -5(c) of the City Code. For these reasons, staff recommends that Section 11.5 -8 and Section 14.1 -5(c) be amended to provide that payments received for amounts invoiced on the real estate tax statement continued to be applied first to the solid waste collection fee, then to the stormwater utility fee, with the remainder of the payments applied to taxes and fees as determined by the City Treasurer, except that when an account has one or more delinquent amounts due, such payment will be applied first to the account that is the most delinquent before the payment would be applied to any current amounts due. Recommended Action: Adopt the attached ordinance amending and reordaining Section 14.1 -5, Fees for collection Article 1, In General Chapter 14. 1, Solid Waste Management Code of the City of Roanoke (1979), as amended, to implement the changes described in this Letter. �Sincerely, /l7b'ou^^ Danicl J. laghan City Attorney Robert S. Cowell, Jr. City Manager R. Brian Townsend, Assistant City Manager for Community Development Sherman Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Troy A. Harmon, City Auditor Stephanie M. Moon Reynolds, City Clerk