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Home My WebLink AboutCouncil Actions 02-18-20ROANOKE CITY COUNCIL REGULAR SESSION FEBRUARY 189 2020 2:00 P.M. CITY COUNCIL CHAMBER 215 CHURCH AVENUE, S. W. AGENDA WHITE -BOYD 41665- 021820 1. Call to Order - -Roll Call. Mayor Lea was absent. Council Members Davis and Osborne arrived late. The Invocation was delivered by The Reverend Eric Long, Pastor, St. John's Episcopal Church. At 2:05 p.m., Council Member Davis entered the meeting and at 2:09 p.m. Council Member Osborne entered the meeting. The Pledge of Allegiance to the Flag of the United States of America was led by Vice -Mayor Joseph L. Cobb. Welcome. Vice -Mayor Cobb. NOTICE: This afternoon's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, February 20 at 7:00 p.m., and Saturday, February 22 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com /RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. 2. 3. 9 C -1 ANNOUNCEMENTS: The Council of the City of Roanoke is seeking applications for the following current vacancies and /or upcoming expirations of terms of office: Architectural Review Board — one vacancy Mill Mountain Advisory Board — one vacancy Access the City's homepage to complete an online application for the abovementioned vacancies. Expiration of the three -year terms of office of William B. Hopkins, Jr., and Elizabeth C. S. Jamison as Trustees of the Roanoke City School Board ending June 30, 2020. Information pertaining to the School Board process and application for appointment are available on the City's website and in the City Clerk's Office. Deadline for receipt of applications is Tuesday, March 10, 2020. For questions and /or additional information, contact the City Clerk's Office at (540) 853 -2541. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 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. Martin Jeffrey, 421 Fairfax Avenue, N. W., appeared before the Council to read a scripture and request a moment of silence. CONSENT AGENDA: (APPROVED 6 -0) All matters listed under the Consent Agenda are considered 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. Minutes of the regular meeting of City Council held on Monday, February 3, 2020. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. 2 C -2 A communication from the City Manager transmitting the FY2020 City Manager Transfer Report for the Second Quarter ended December 31, 2019. RECOMMENDED ACTION: Received and filed. C -3 Reports of qualification of Aisha Johnson as the City's Technical Advisor representative of the Roanoke Valley - Alleghany Regional Comprehensive Economic Development Strategy Committee for a three -year term of office, commencing April 1, 2020 and ending March 31, 2023; and Cecelia F. McCoy as the City Clerk for the City of Roanoke, for a term ending September 30, 2020. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: BID OPENINGS: Bids to enter into a Parking Agreement for unreserved parking permits for the Center in the Square Garage located at 11 Campbell Avenue, S. E., Roanoke, Virginia. Received one bid from JS Project, LLC. The sole bid was referred to the City Manager for review and recommendation to the Council. 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Transmittal of the Roanoke Valley Regional Cable Television Proposed Fiscal Year 2020 - 2021 Budget. Elaine Bays- Murphy, Cable Access Director. (Sponsored by the City Manager) Adopted Resolution No. 41665- 021820. (6 -0) 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFINGS: • Wasena Bridge Design Update - 20 minutes Received and filed. 3 ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of a donation in support of the Police Department's Crime Prevention Program. Adopted Resolution No. 41666- 021820 and Budget Ordinance No. 41667-021820. (6 -0) 2. Acceptance of the FY 2019 — 2020 United Way funding for the Bank On Roanoke Valley Program. Adopted Resolution No. 41668- 021820 and Budget Ordinance No. 41669-021820. (6 -0) 3. Authorization to request that the Hollins Road /Orange Avenue Intersection Improvements be established as a Revenue Sharing Project. Adopted Resolution No. 41670-021820.(6-0) 4. Authorization for the Mayor to sign the Charter for Compassion on behalf of the City of Roanoke. Adopted Resolution No. 41671-021820.(6-0) 5. Approval of the "Roanoke, Virginia Strategic Plan 2020 - 2021." Adopted Resolution No. 41672-021820.(6-0) COMMENTS OF THE CITY MANAGER. The City Manager offered the following comments: Solid Waste Collection • City offices were closed on Monday for Presidents' Day. As a result, residential /commercial collection of trash, brush, bulk, and "A" week single- stream recycling during this week will be delayed by one day. • Information about this week's Solid Waste Collection is posted on the city's website home page under "Read About Roanoke." City to Host Public Works Job Fair • Tuesday, March 3, at Berglund Center, 4:00 p.m. to 7:00 p.m. • The City will be hiring for jobs in Stormwater, Solid Waste, Berglund Center, Parks & Recreation, Transportation, and General Services • Interviews will be offered on -site. • Information about the Job Fair will be advertised locally, and shared through the City's website, social media, and MyRoanoke email notifications. 4 Registration for 2020 Leadership College is Open • Classes will be held on Thursday evenings from 6:00 p.m. to 9:00 p.m., March 19 through May 14, at the Noel C. Taylor Municipal Building. • This year's program will also include off -site sessions and fieldtrips. • The program is free, but seating is limited. • Register online at roanokeva.gov /leadershipcollege or call 853- 1647. • The deadline to register is March 10. 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 No. 41673-021820.(6-0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution to adopt the Roanoke Neighborhood Advocates amended and restated bylaws and rules of procedure. Adopted Resolution No. 41674- 021820. (6 -0) 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Council Member White -Boyd inquired on behalf of a parent why Roanoke County residents could not participate in Roanoke City's recreational league activities. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESSED 3:53 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 FEBRUARY 18, 2020 7:00 P.M. CITY COUNCIL CHAMBER 215 CHURCH AVENUE, S. W. AGENDA Call to Order - -Roll Call. Council Member Price was absent. The Invocation was delivered by The Reverend Tim Dayton, Pastor, First 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: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, February 20 at 7:00 p.m., and Saturday, February 22 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com /RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. C. A. PUBLIC HEARINGS: 1. Request of Franklin Road, LLC, to vacate an alley running north from Franklin Road S. W., towards Luck Avenue S. W., adjacent to property located at 117 Franklin Road, S. W., and extending north to the southwest corner of 120 Luck Avenue, S. W., and to include the portion of the alley running parallel to Franklin Road, S. W., and Luck Avenue, S. W., continuing east from its intersection with the aforementioned alley to the southeast corner of the building on 120 Luck Avenue, S. W. David D. Jones, Petitioner. Adopted Ordinance No. 41675- 021820. (6 -0) 2. Request of JE2 Investments, LLC, to vacate a portion of Gregory Avenue N. E., north of 901 11th Street, N. E., and running between 11th Street, N. E., and Cherokee Street, N. E. John Lipscomb, Petitioner. At the request of the petitioner, the matter was withdrawn at the February 10 City Planning Commission Meeting. 3. Request of Progress Street Builders, Inc., to amend the planned unil development plan and repeal certain conditions proffered as part of a previous rezoning for property located at 3833 and 3837 Colonial Green Circle. Eric S. Sallee, Co- Owner, Progress Street Builders, Spokesperson. Adopted Ordinance No. 41676- 021820. (6 -0) 4. Request of Central Razor, LLC, to rezone property located at 1512 Patrick Road, N. E., from CG, Commercial - General District, to 1 -1, Light Industrial District, with conditions, for ice manufacturing. Robert Monsour, Owner, Spokesperson. Adopted Ordinance No. 41677- 021820. (6 -0) 5. Proposal of the City of Roanoke to grant a ten year cable television franchise to Shenandoah Cable Television, LLC, d /b /a Shentel. Daniel J. Callaghan, City Attorney. Adopted Ordinance No. 41678- 021820. (6 -0) 6. A report of the City Manager recommending execution of a Parking Agreement, subject to certain terms and conditions, to obtain up to forty - five (45) parking permits for the use of not more than forty -five (45) unreserved parking spaces in the City's Center In The Square Garage located at 11 Campbell Avenue, S. E. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41679- 021820. (6 -0) 7 B. OTHER BUSINESS: 1. Presentation with regard to jail operations and alternatives by Roanoke Jail Solidarity Group. Natasha Harper, Spokesperson. (Sponsored by Vice -Mayor Cobb and Council Member Bestpitch) The following speakers appeared before the Council in connection with the Roanoke Jail Solidarity Group: Majorie Jacobs, 102 Hounds Chase Lane, S. W. Jason Lambert, 641 Yorkshire Street, Salem Crystal Mello, 992 Poplar Hollow Road, Shawsville Mecca Garcia, 4345 Garst Mill Road, S. W. Natasha Harper, 125 Bush Drive, Vinton C. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Jordan Bell, 5208 Lancelot Lane, N. W., appeared before the Council regarding the renaming of Old Gainsboro Road and recognized the Claytor family contributions to the community. Penny Warden, 320 Mountain Avenue, S. W., appeared before the Council with regard to landlord /tenant issues in the City. D. ADJOURNED 9:24 P.M. E; • �,a k COUNCIL CITY To: Honorable Mayor and Members of City Council Meeting: February 18, 2020 Subject: FY2020 City Manager Transfer Report Background: Under City Code Section 2 -121, the Director of Finance shall report quarterly to City Council any City Manager Transfers in excess of one hundred thousand dollars ($100,000) between funds, as well as between project and program accounts in the capital project fund and grant fund. Recommended Action: Receive and file the attached City Manager Transfer report for the 2nd quarter ended December 31, 2019. Robert Cowell City Manager Distribution: Bob S. Cowell, City Manager Sherman M. Stovall, Assist. City Manager for Operations R. Brian Townsend, Asst. City Manager for Community Development City of Roanoke, Virginia Report of City Manager Transfers Three Months Ended December 31, 2019 (Unaudited) Transfer Number Date Explanation From To Amount To add additional funding to Rivers Edge North Improvements Deshutes Performance Approp from 2018 Bond CMT19 -00138 10/2/2019 procject Agmt - Approp Funds 187,859 FY19 Yr -End Cleanup of City Mgr's #1211 unit with Memberships #7220, J &D Court Residential Detention Advertising/Visit VA Blue CMT19 -00144 10/5/2019 Sery #720 & City Atty's #1220 services /Litigation Exp Telephone/Tech Maint Ridge IMD INC performance 328,010 FY19 Yr -End Cleanup of Econ agreement 147,840 CMT19 -00145 10/5/2019 Develop #8120 with DOT #1601 FY19 Yr -End Cleanup of HR Cont Misc/Contingency Fees for Proffessional #1261 & Employee Health with services & Maint Contract 123,545 CMT19 -00146 10/5/2019 DOT & Contingency FY19 Yr -End Cleanup of Fleet Sublet Vendor 720,160 CMT19 -00148 10/5/2019 #2641 with Contingency Contingency Misc: Tech Maint Cont, FY19 Yr -End Cleanup of all Exped Equip, Risk Man, Police units with Social Services Misc Foster/TFC Printing 1,567,740 CMT19 -00151 10/5/2019 #5311 & CSA #5410 FY19 Yr -End Cleanup of Sheriff #2140 and Jail #3310 with Contingency Project Equipment 1 151,565 CMT19 -00152 10/5/2019 Contingency 10/6/2019 FY19 Yr -End Cleanup of Foster Care Training & Develop, Emp CMT19 -00153 Fire /EMS #3211, 3212, 3213 with tuition, EMS medical 188,410 CMT19 -00156 Social Service #5311 10/6/2019 FY19 Yr -End Cleanup of Solid Various accounts supplies Tipping Fees Waste Mgmt #4210 with Public 289,960 Works. Social services & CSA Chemicals CMT19 -00157 10/6/2019 FY19 Yr -End Cleanup of Snow Contingency 290,250 Removal #4140 with Contingency Contingency 9 Y CMT19 -00158 10/7/2019 FY19 Yr -End Cleanup moving Contingency uncommitted budget funds from City Mgr Contingency to Capital 3,375,000 CMT19 -00159 Projects Contingency 10/8/2019 Transfer funds for one -time Misc &Contingency & Approp from General approved purchasses related to city pool maintencance and jail Revenue 178,341 CMT19 -00160 airtols for Facilities 10/8/2019 Transfer unused E911 Wireless Expendiable Equip, Approp From General APP P Board funds for FY19 to multi- Training & Development Revenue 205,782 CMT19 -00161 year account 10/11/2019 To establish the Jefferson & Contingency Approp From 2018 Bond Approp From 2018 Bond 412,141 St/Church Ave Streetscape 10/12/2019 To establish a DoT capital project Funds Trans to Debt Service & Funds Approp From General 329,382 CMT19 -00162 acct for E -plus Storage Solution Contingency Revenue Systems Development CMT19 -00163 10/16/2019 to both fund and closeout to Contingency 106,590 Sonrai SWM Intallation project Approp From General CMT19 -00165 10/16/2019 To provide cash funding to Contingency Revenue Deshutes project to support 226,675 CMT19 00173 incurred expenditures 10/30/2019 Transfer to Transfer to School Fund Transfer o Cap Project Fund, ManagementlReserve School Fund & Risk Mgmt 1,291,125 CMT19 -00183 Reserve 11/6/2019 Reallocation of funds to Capital Contractual services Various new units set up for Projects new units set up for Contracual services 159,000 CMT19 -00184 Contratual services 11/11/2019 Moving 2018 BAN fund to an 2018 & 2019 BAN funds 2018 & 2019 BAN funds 824,282 CMT19 -00194 eligible project 12/12/2019 Provid funding for Approp from 2019 BAN & Approp from 2019 BAN & App p 2020 GOB /BAN 163,700 Chruch /Jefferson Streetscape 2020 GOB /BAN Various Improvement & Various Improvement & CMT19 -00196 12/13/2019 To increase funding in Washington Park Stream Restoration funds Restoration funds 613,708 Restoration CMT19 -00197 12/13/2019 C MT 19 -00198 12/16/2019 CMT19 -00203 12/20/2019 CMT19 -00204 12/21/2019 To increase funding in Lakecrest/Greenlee and Dyerle Capital Projects To increase funding in Templeton & Downtown /Jefferson St 2 Stormdrain improvement projects Transfer funding from Engineering Bridge maint to operating Move funds for Misc Claims for Police O/T lawsuit settlement Sweetbrier Drainage & Windsor Drainage Improvements Various improvement projects Approp From General Revenue Misc Claims Lakecrest Gerrnlee & Dyerle Drainage Improvements 370,521 Various improvement projects 14,768 Bridge Inspecitons - Engineering 116,000 Regular Employee Salaries 800,000 Notes: Under City Code section 2 -121, the City Manager has authority to make transfers of any amount within or between funds during the fiscal year and after June 30th to ensure proper expenditure reporting and budgetary controls for the prior fiscal year. The scope of this report is limited to transfers in excess of $100,000 between funds and between project/program accounts in the Capital Project Fund and Grant Fund. CMT's marked with an asterisk denotes that multiple lines of monies transferred amounted to be above the $100,000. All CMT's not marked with an asterisk have at least a single line item that amounted to over $100,000. CECELIA F. MCCOY, CtbIC Cite Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(fl—roanokeva.gov February 19, 2020 Wayne G. Strickland, Secretary Roanoke Valley Alleghany Regional Comprehensive Economic Development Strategy Committee P. O. Box 2569 Roanoke, Virginia 24010 Dear Mr. Strickland: CECELIA T. WEBB, CY1C Assistant Deputy City Clerk This is to advise you that Aisha Johnson has qualified as the City's Technical Advisor representative of the Roanoke Valley - Alleghany Regional Comprehensive Economic Development Strategy Committee for a three -year term of office, commencing April 1, 2020 and ending March 31, 2023. Sincerely, L/f Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Aisha Johnson, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as the City's Technical Advisor representative of the Roanoke Valley - Alleghany Regional Comprehensive Economic Development Strategy Committee for a three -year term of office, commencing April 1, 2020 and ending March 31, 2023, according to the best of my ability. So help me God. The foregoing oath of office was taken, sworn tov and subscribed before me by Aisha Johnson this q day of !Zb(var 2020. Brenda S. Hamilton, Clerk of the Circuit Court C j� Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Cecelia F. McCoy, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as the City Clerk, according to the best of my ability. So help me God. CECELIA F. MCCOY The foregoing oath of office was taken, sworn to, and subscribed before me by Cecelia F. McCoy this e.'day of(_` 020. Brenda S. Hamilton, Clerk of the Circuit Court ionp�� Y ,Clerk BID FORM FOR A PARKING AGREEMENT FOR UNRESERVED PARKING PERMITS FOR THE CITY'S CENTER IN THE SQUARE GARAGE RESPONSIBILITY OF BIDDER: It is the sole responsibility of the bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of bids. No bids received after the time designated for receipt of bids will be considered. BID DUE DATE, TIME, AND DELIVERY OF BID: All bids are due on or before Noon, 12:00 p.m., local time, Friday, February 14, 2020, and are to be delivered to the address listed below. Time is of the essence. The completed Bid Form, together with any other documents the bidder wishes to submit, should be enclosed in a sealed envelope and addressed as follows: Council of the City of Roanoke c/o Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, VA 24011 Place in front lower left -hand corner of envelope and on the back of the envelope in bold letters the following title: Bid for Parking Agreement for Unreserved Parking Permits foe the City's Center In The Square Garage, Not to Be Opened Until the City Council Meeting at 2:00 p.m. on February 18, 2020. Date: February 10, 2020 JS Project LLC proposes and agrees, if its Bid (r.cLal Name of lliddar) is accepted, to enter into and be bound by the Parking Agreement for Unreserved Parking Permits for the City's Center In The Square Garage, (Parking Agreement), a copy of which is on file in the Office of the City Clerk for the City of Roanoke, 456 Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, VA 24011. Furthermore, the undersigned bidder warrants that it can and will comply with the prov►srons of such Parking Agreement. Bid: Bidder agrees that monthly payments will be made according to the rates set forth in Section 5 of the above Parking Agreement for each of the Parking Permits provided by such Parking Agreement for the sole use and purpose of providing parking spaces for guests of the Hotel to be constructed (Hotel). Payment is due to the City in accordance with the terms of the Parking Agreement. Bidder agrees that the number of Parking Permits that will be available under the Parking Agreement is 45 Bid: Bidder agrees to develop, construct, open, and operate Hotel in Dovoitowrr Roanoke, Virginia by December 31, 2020, with at least 50 rooms. Rid Form Parkin2, .A2rccm1;11t 1 22 20 Bid Term: Twenty (20) years, commencing on the date of issuance of a permanent certificate of occupancy for the Hotel, provided the permanent certificate of occupancy is issued by December 31, 2020, and ending 20 _years thereafter, provided that the successful bidder will have options to renew the term for up to four (4) additional five (5) year terms, for a total of 40 years if all four options are exercised, unless sooner terminated as provided for in the Parking Agreement or by law. Pursuant to the terms of the Parking Agreement, each option shall be automatically exercised and the Parking Agreement renewed for each additional five (5) year term unless terminated by the successful bidder as provided in the Parking Agreement. Bid: Bidder agrees, if its bid is accepted, to execute, deliver, and perform all terms and conditions of the Parking Agreement, a copy of which Parking Agreement is on file in the Office of the City Clerk, 456 Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, VA 24011, including, without limitation, providing the City with a bond or other- security in the amount of S 15,000.00, as required pursuant to Section 15.2 -2104, Code of Virginia (1950), as amended. Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for this matter. State bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation Commission (SCC), or the complete legal name of bidder if it is not a corporation. LEGAL NAME OF BIDDER: JS Project LLC B Y l� Vishal Savani (Printed Name) Manager, Savara Development LLC TITLE in its capacity as Manager of JS Project LLC (Printed Title) STREET ADDRESS: 101 S Jefferson St, Roanoke VA 24011 MAILING ADDRESS: 11325 Random Hills Rd, Suite 360 CITY. Fairfax TELEPHONE:( 703 ) 951 -3122 STATE VA Bidder's SCC Identification Number: 57567086 Bid Donn ParkinL .lercemcn[ 1 22 'n FAX: ( ) hwa ,: 2 of 2 ZIP CODE: 22030 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2020. No. 41665- 021820. A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2020 -2021 for the operation of the regional government and educational access station, Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. WHEREAS, the Roanoke Valley Regional Cable Television Committee (Committee) has reviewed and approved the annual operating budget for Fiscal Year 2020- 2021 for the operation of RVTV and has requested that the City of Roanoke approve that operating budget; WHEREAS, the Committee is comprised of representatives from the City of Roanoke, Roanoke County, and the Town of Vinton and these jurisdictions have agreed to provide funding for the purposes for which the Committee was created, including the support of the operation of a regional government and educational access station, RVTV; WHEREAS, such jurisdictions have agreed to provide funding as stated in the agreement creating the Committee and the Committee has recommended that the City of Roanoke provide partial funding to RVTV in the amount of $240,769, plus an additional $2,112; and WHEREAS, this Council desires to approve the recommendation of the Committee and provide partial funding as requested by the Committee. follows: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as 1. The annual operating budget of $481,538, which is the amount being requested from the member localities, plus an additional amount of $2,112 from the City for the cost of providing closed captioning service for televising the monthly 9 a.m. City 1 Council Briefings or Sessions, all as set forth in the RVTV letter dated February 18, 2020, to this Council, is hereby approved. 2. In accordance with the Committee's request to the City to fund a portion of the RVTV operating budget mentioned above, the total amount of $242,881 (which consists of $240,769 as the City's portion of the requested budget amount, plus the $2,112 for closed captioning) will be provided by the City of Roanoke as its prorata share for the annual operating budget for RVTV for the Fiscal Year 2020 -2021 as requested in the above RVTV letter dated February 18, 2020, to this Council. ATTEST: C� ,-. City Clerk. FY20 -21 RVTV Resolution 2 avTV� Fehruary 18.2020 The I fonarable Sherman 1'. Lca. Sr.. ;Mawr and Members of City Council Roanoke. �'ir <�inia Suhjcct: F Y?O?O -?O? i RV FV Operating BLId"et Deal- Mawr Lea. Sr.. mid Members ol'C'it% ('ouncil: Roanoke Vzillcv 1cic%ision. RV "I*V -; Cox Cable. ��as created in 1r)9; as an au'recment beMeen the CM ofRoanokc. Roanoke ('uunt�. and the I O�v11 Of Vinton. to JOI-11 a (jo��ernnlent K I�:ducational access Station. RV I �' -; is UIoNCrned by the Roanoke Vallev Regional ('able ICICIISIOII ('OI11111IttCC. A011Ch 1IlCllldcs reprCSClltatll'CS 11'0111 the CM. tilt ('OLlllt\. and the IOm1. hrogran1111111'', IS Cablecast Oil CO\ ('OI11111IInICL160n5. ('ha1111C1 i_ IZOat1«ke. RV' 1 V- 3 programming is posted to the RV IX &, ('it} Websitcs_ and Social Mcdia Sites. fife RV I V Cite Council Meeting Swnal is streamed throu1111 Facehook UVI'. On Nlav lo. 2OI9. the IZV I'%, Ui��ital l:J)-rade v4as completed, and all N idea is nov4 recorded in 111). On ?O?O, the Roanoke: Vallcv Re,,ional ('able I,cic ision Committee approved the attached RV I V Operating BLIdUct fi)r fiscal 1'car ?O?O -?0? 1 lattached) in the amount r,l X481.338. I lie proposed hud0ct inCILides 1i)r closed captioning, strti 10,- both life ('its C'uuncil and the Roanoke County Board Of' SuI)CIAASol's Meetings. 1Io\tieccr, at the Cite s request. El \.'.L.V e�ill also cablecast the monthly 9 a.m. ('its COUncii Bricfillus or Sessions fi)r the nest fiscal scar. Since closed captionint, sere ices arc also required liar these additional meetings. the ( "I the additional cost of S2.1 I ? fclr such extra scry ices. Based On the number of COs C'O111I111i111Ca1[10 nS subscribers 101' cash jurisdiction. the C'm of Roanoke's share Of the FY?t)?O -?O? I Operatim"' BudUct mll he $?40.709. plus an additional ` 2.1 12 IOr closed captioning - totalinlo ti-142.881. Accordino.!1\, the ('its is Itcluesicd to prm idc this amount as its portion of the RV IY FY1 ►l0 -?O_' 1 Operatin�, Bud,�ct. I)IrCCt SCIA ICCS prOX ILICd to the Cite Of Roanoke in 201') included: • Original Tclev,ision Shmys I I) II1SILIC Roanoke. (8) Spotlight on CIty Schools. ( 12) Libraries I Iappenings. 12 BizRoanoke • (iotirrnment Mce:tinzs (20) Regular Roanoke ('itv Council. (1 "?)Cite Council Briciings lie I I oil orable Sherman P. Lca. Sr.. %favor and NICnlbers oITItc Council I-ebrual-v 1 S. 020 PaL,e -bleu Direct Seri ices prop ided to the Cite of Roanokc in 2019 included: • Ori(inal Video ProduCtlonS ( ,4) Video PI- odUCtlonS Storm«ater Educational PSA (Awarded PRSA Cold Summit ward). V:A Sate Nciohhorhood C onlcrcnee. State ofthe ('it } Addl-css Wntire list ol'Oripnal Video Pr0dUCIIOnS is oil PaWe 4 crf the RVTV BLId_et Packet) As the Director of Cable ,-access for Roanoke Vallcv I elegy ision. I am pleased to respond to an' questions or comments you nurN 11dVe With reOard to the proposed RVIAV operating hudoct fur Fiscal fear?O?O -�U? 1. Sincerck,_____ _ E.lainc BZINS- Murphy Director of Cable Access Roanoke Vallev 'FelcvIsion ,Attachment Cc: Bob Covtcll. ('itv 'N- lanaLer Amelia Merchant, Director of Finance Daniel J. Callauhan. CM ,\ttorncv Cecelia f. NIcCoti-. ('itv Clerk Sherman M. Stovall, Assistant ('itV Manager lur ( )perations Mr. Robert Leftwich. Chair. Regional ('able I Cie\ ision ('ommittee Eaura N,1 Carini, Assistant Cite AltorneN tilelinIl B. Md\o. C'om11ILMIeatlonti and Nledia Oflicer To: Roanoke Regional Cable Television Committee From: Elaine Bays - Murphy, Director of Cable Access Date: February 5, 2020 Re: FY2020 -2021 RVTV Operating Budget BACKGROUND INFORMATION: Roanoke Valley Television, RVTV Channel 3, is a Government & Educational Access Station, serving the City of Roanoke, Roanoke County, Town of Vinton, and their respective School Systems. In 1992, the three localities signed an agreement to form the Station, and RVTV -3 was created in 1993. RVTV programming is cablecast on Cox Cable, Channel 3, Roanoke, and on Comcast, Channel 3, in west Salem. RVTV is located at the Jefferson Center (541 Luck Ave. SW). The operational budget for RVTV is provided by the three local governments, and it is funded through the Virginia Communications Sales and Use Tax Revenue paid by Cox Communications. The RVTV budget amount paid by each locality is based on the percentage of Cox Customers located in each jurisdiction. RVTV -3 produces Original Videos, Monthly Television Shows, and covers LIVE Government Meetings (Roanoke City Council & Roanoke County Board of Supervisors). RVTV also provides the meeting signal for video streaming & Facebook LIVE. Roanoke Valley Television produced the following in 2019: • 80 Original Television Shows (11) Inside Roanoke, (12) Roanoke County Today, (8) Spotlight On City Schools, (9) Accent Excellence, (12) Roanoke County Business Partners, (4) Recreation Television, (12) BizRoanoke (12) Libraries Happenings • 58 Regular Government Meetings (Signal Streamed through County Website & City FB LIVE) (24) Regular Roanoke City Council, (22) Regular Roanoke County Board of Supervisors, (12) City Council Briefings • 84 Video Productions (List of Video Productions on Attachment Pages 4 & 5) RVTV -3 Programming is uploaded to the RVTV Website & Social Media Sources. Additionally, RVTV -3 Programming is uploaded to the Websites & Social Media Sources for Roanoke City, Roanoke County, Town of Vinton & their School Systems. RVTV Website www.RVTV.org RVTV YouTube Channel www.youtube.com /RoanokeValleyTV RVTV Facebook Page (3,685 Likes) www. facebook .com /RoanokeValleyTelevision RVTV Twitter www.twitter.com /RoanokeValleyTV On May 10, 2019, the Digital Upgrade was completed for the RVTV Studio, Roanoke City Council Chambers, and the Roanoke County Board of Supervisors Room, and all video is now recorded in HD. FISCAL IMPACT: The proposed FY2020/2021 Operating Budget request is $481,538. Roanoke County is the fiscal agent for Roanoke Valley Television, and RVTV Team Members are included in the County's payroll and benefits system. The proposed budget includes a 4% salary increase if approved by the Board of Supervisors. For budgeting purposes, a 10% increase for Group Health Insurance is included. The budget includes closed captioning services for Roanoke City Council & Roanoke County Board of Supervisors meetings. On January 1, 2007, the Virginia Communications Sales and Use Tax Act of 2006 (Va. Code 58.1 -645 et seq.) required Cox Communications, as well as other cable television providers, to pay a five percent (5 %) sales or use tax to the Commonwealth of Virginia in place of paying franchise fees to the localities, including the City of Roanoke, County of Roanoke, and Town of Vinton. Under the Act, the Commonwealth pays the amount of revenues it receives from cable television providers, like Cox, to the localities. The operational budget for RVTV is provided by the three local governments, and it is funded through the Virginia Communications Sales and Use Tax Revenue paid by Cox Communications. The RVTV budget amount paid by each locality is based on the percentage of Cox Customers located in each jurisdiction. Cox calculates the percentage of Subscribers (12/31/2019) in each locality as follows: Locality 2019 Percentage 2018 Percentage City 50% 52% County 46% 44% Vinton 4% 4% Based on the above percentages, each member's contribution to the FY2020/2021 budget of $481,538 is: Locality 2019/2020 Budget 2020/2021 Budget Proposed City $240,975 $240,769 County $2039902 $221,507 Vinton $18,536 $19,262 Total $463,413 $481,538 *In addition to the City's share of the above budget of $481,538, the City will also pay $2,112 for closed captioning for City Council Briefings. RVTV Financial Report - Current Account Balances as of December 31, 2019 C817 -9601 (Operating Budget) ........ ............................... ....................$233,703.53 C817 -9603 (Cox Cable Capital Equipment Grant) ........... ....................$791,195.14 C817 -9604 (Operating Reserve) ........................... ............................... $115,110.47 (Operating Reserve Balance to be maintained is 20% of the Operating Budget) The Operating Reserve Account represents the unused funds from the Operating Budget since 1993. RVTV does not lose these funds at the end of the fiscal year, rather they are rolled over into the Operating Reserve Account. 2 ATTACHMENTS: RVTV Proposed 2020 — 2021 Budget Total $463,413.00 * City Only Proposed Budget 2020-2021 265,545.00 20,314.00 32,715.00 1,950.00 55,537.00 2,436.00 3,479.00 769.00 797.00 22,000.00 300.00 3,450.00 150.00 5,000.00 2,376.00 1,200.00 1,700.00 3,600.00 52,320.00 100.00 600.00 4,000.00 1,000.00 200.00 $481,538.00 *In addition to the City's share of the above budget of $481,538 the City will also pay $2,112 for closed captioning for City Council Briefings. RVTV expended 95.5% of the 2018/2019 Budget. 3 Budget 2019-2020 101010 Regular (Actual $255,332 + 4 %) 253,502.00 202100 FICA 19,393.00 202200 Retirement — VRS 31,231.00 202840 Deferred Comp Match 1,950.00 202300 Group Health Insurance 53,898.00 (Actual 50,488 + 10 %) 202310 Group Dental Insurance ( +2 %) 2,388.00 202500 VRS Life 3,321.00 202500 LTD Insurance 718.00 202750 VRS Health Credit 761.00 300013 Professional Services — Other 22,526.00 (Closed Captioning) 300013A CC — City Council Briefings 320001 Repairs Vehicles (By Garage) 300.00 330005 Maintenance Service Contracts 3,275.00 (Telephone, Security, Website) 520010 Postage 150.00 520030 Telephone 4,500.00 520033 Internet & Adobe Cloud 2,104.00 520035 Cellular Phones (2 Smart Phones) 1,200.00 530005 Motor Vehicle Insurance 1,700.00 530008 General Liability Insurance 3,600.00 540010 Lease /Rent of Buildings 50,796.00 (8 x $4,316.86 4 x $4,446.37) 550001 Travel (Mileage) 100.00 601010 Office Supplies — General 600.00 601013 Small Equipment & Video Supplies 4,000.00 608080 Gas, Oil & Grease 1,200.00 609091 Tires,Tubes & Parts 200.00 Total $463,413.00 * City Only Proposed Budget 2020-2021 265,545.00 20,314.00 32,715.00 1,950.00 55,537.00 2,436.00 3,479.00 769.00 797.00 22,000.00 300.00 3,450.00 150.00 5,000.00 2,376.00 1,200.00 1,700.00 3,600.00 52,320.00 100.00 600.00 4,000.00 1,000.00 200.00 $481,538.00 *In addition to the City's share of the above budget of $481,538 the City will also pay $2,112 for closed captioning for City Council Briefings. RVTV expended 95.5% of the 2018/2019 Budget. 3 RVTV Video Productions Roanoke City Productions Roanoke River Greenway Ribbon - Cutting Franklin Road Dedication & Ribbon - Cutting Public Works Job Fair PSA Stormwater Education Video "Global Harmony" Art Dedication Teacher of the Year Banquet Elmwood Park Art Walk Nicus Software Grand Opening After School Process Improvement Roanoke Remembers - Healing the Wounds of Gun Violence Orvis Ribbon - Cutting New Melrose Library Ribbon - Cutting Salt Foot Sanctuary Hotel Roanoke Ribbon - Cutting Citizen of the Year PSA Roanoke Police Recruitment PSA Healthy Homes Lead Safe Roanoke Leadership College Video City Schools Convocation Ceremony Virginia State Neighborhood Conference Roanoke Welcoming Week Press Conference State of the City Address Rainwater Management Solutions Ribbon - Cutting Rectangular Rapid Flashing Beacons PSA Deschutes Tinker Creek Cleanup Recap Video Neighborhood Awards Dinner Stormwater Educational PSA (City of Roanoke & RVTV awarded Gold Summit Award, PRSA) Leaf Collection PSA Flood Insurance Education Dickens of a Christmas Music Video (5 Regional Videos) Roanoke County Productions Identify -a -Kid Program PSA R.A.D. Self Defense Class PSA Economic Development Projects Music Video Arbor Day Fire & Rescue Mental Health Training Conference Richfield Expansion Groundbreaking Catawba Farmers Market PSA Semi - Annual Book Sale PSA C.O.P.S. Camp Registration Video 2019 Orientation/Benefits Video Roanoke Sheriff's Office Community Outreach Programs Treetop Quest Explore Park Ribbon - Cutting Illuminights News Conference Touch -A -Truck Event M Roanoke County Productions Police Dept. Safe Firearms Storage PSA VFP /Cox Ribbon - Cutting County Schools Convocation Ceremony Greenhill Highland Games Carilion Children's Announcement Sheriffs Office Child Safety Seat Video (2) Foster Family PSAs Oak Grove Center PSA Glenvar H.S. Football Field Drone Video Bricks 4 Kidz Ribbon - Cutting Virginia Western STEM Building Grand Opening HR Classification Plan Presentation Workplace Safety Presentation State of the County Address Catawba Farmers Market Holiday Market DSS Foster Care Holiday Wrapping Party South County Christmas Tree Lighting Your CBD Roanoke Store Ribbon - Cutting County Investiture Ceremony (5 Regional Videos) Town of Vinton Productions Arbor Day Wolf Creek Greenway Anniversary Vinton Refuse Collection Big Lick Oktoberfest & Vinton Fall Festival Billy Byrd Ribbon - Cutting State of the Town Address Vinton Projects Tour Video (Shown @ State of the Town) (5 Regional Videos) City, County, Town Productions RCACP PetSmart Charities Grant "In Custody K9 Training" Program Fostering Roanoke Valley Regional Kittens Music Video Virginia's Blue Ridge Annual Meeting Regional Equipment Rodeo Gauntlet Business Awards Ironman News Conference D -Day 75th Anniversary Video Gun Safety Press Conference Updated Visit Virginia's Blue Ridge Video Career Quest Event CVC Earth Summit Flood Insurance Education Virginia Flood Open House PSA New RVTV Website PSA RVTV Facebook PSA Video Productions (Does not include Shows) Productions City of Roanoke Roanoke County Town of Vinton 84 34 38 12 V� !fin CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 18, 2020 Subject: Proposed FY -21 Budget for Roanoke Valley Television I would like to sponsor Elaine Bays- Murphy, Cable Access Director of Roanoke Valley Television, to present the organization's proposed Fiscal Year 2021 budget and related expenditures and revenues. ---- W -------- - Robert S. Cowell, jr. City Manager Distribution: Council Appointed Officers D p m an�Vfv� P�� Mattern &Craig VOLKERT ROSALES= BRIDGES AS STRUCTURAL ART ENGINEERS • SURVEYORS ROANOKE „A �IIFPPP- up-- �Ahl ROANOKE Client Mattern & Craig ENGINEERS'• SURVEYORS Prime Consultant and Project Manager VOLKERT ",,ii” Bridge Engineer and Public Outreach ROSALES= BRIDGES AS STRUCTURAL ART Bridge Architecture and Design First Round of Public Meetings 10/4/2018 Wasena 10/16/2018 Old Southwest 1/8/2019 Mountain View Goal of these meetings was to introduce the project and solicit input for the design of the bridge. These meetings are held separately because each neighborhood has slightly different needs and perspectives. Creation of a project website https: / /planroanoke.org /wasena- bridge/ Second Round of Public Meetings 2/7/2019 Wasena 2/21/2019 Old Southwest 3/5/2019 Mountain View Goal of these meetings was to present the bridge concept design to each community for further comment. The design is based on feedback received through the public engagement process and the technical design process described in the previous public meetings. General Public Meeting 2/13/2020 General Public Meeting Presentation of the preferred design alternative for the bridge and the roadway approaches leading to the bridge. The presentation will include preliminary details including materials, colors, textures, and design refinements from the previous meetings. Line ublic Engagement Process THE BASIC DESIGN PROCESS Defining Aesthetic Qualities PROPORTION RHYTHM ORDER UNITY MIGRLAND AVENUE SW ` Community Goals and Objectives 1. The new bridge as a beautiful symbol of strength and elegance for the Roanoke Community. 2. Better pedestrian /bike access to the bridge and traffic calming at entrances to the new river crossing. 3. Meaningful and effective separation of transportation modes to create a sense of safety and increase sustainable pedestrian /bicycle use. 4. Preservation and enhancement of views of the mountains and overall landscape. 5. Integration of new bridge into the park area and overall context. Old bridge interpretative panels and attractive overlooks /rest areas along 3 the bridge. .. n �a�,� Bridge Design Criteria 24 ABUTMENTI� COOP F-1 A.UTMNIT I PIER I I PIER PIER 3 PER 4 PIER BRIDGE ABUTMENT WIN CHESTER OL0 TRAIN ROANOKE SKATE ROA40KE RIVER PLANTING -TRAI, JTMFNT AW TRACKS DRIVE SW GREENWAY PAVEMNTtPARRj NG (DEAD END) S= R UV I IUN Z COST = $25M-30M Bridge Context Plan c�. South Overlook Section 0 Ll m �k <0 :., WASENA r w PARK I r 0 r Fllwli Wfflli m i i r---- -- r.-- .c-.-- .- -.c- .-- . --. - -. - -- �----- --- - - - --- --- - - - - -- --- ; : ....... i : ,! Y is _ _. —. -; t.• —: �+- -- --- __.... II N W- 1g t f� I -1 f Age Rendering v Bridge Rendering Bridge Rendering Bridge Rendering Vs, �- 131 Bridge Rendering k W, Thank You y Wasena Bridge Roanoke, VA IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of February, 2020. No. 41666 - 021820. A RESOLUTION accepting the donation of funds from a citizen who wishes to remain anonymous be applied toward the prevention of Crime accordance with § 2 -263, of the Code of the City of Roanoke (1979), as amended; authorizing the City Manager to take such further actions and execute all documents as may be necessary to obtain, accept, implement, administer such donation; and expressing the City's appreciation for such donation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby accepts the donation from a citizen who wishes to remain anonymous of $10,000 to the City, in accordance with the recommendation contained in the City Council Agenda Report dated February 18, 2020. 2. The City Manager is hereby authorized to take such further actions and execute all necessary documents as may be necessary to obtain, accept, implement, administer, and use such donation, with any such documents being approved as to form by the City Attorney. 3. This Council wishes to express its appreciation and that of the citizens of the City to this individual for this generous donation to assist with crime prevention as described above. R - Anonymous Donation for Crime Prevention 2.18.20.doe ATTEST: o-G4G� J. City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2020. No. 41667- 021820. AN ORDINANCE to appropriate funding from an anonymous donor for the Crime Prevention Donation Fund and to reclassify previous anonymous donations amending and reordaining certain sections of the 2019 -2020 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 2019 -2020 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Special Projects Special Projects Revenues Crime Prevention Donation Fund Crime Prevention Donation Fund 35- 640 - 3673 -2034 (10,000) 35- 640 -3684 -2034 20,000 35- 640 - 3673 -3673 (10, 000) 35- 640 - 3684 -3684 20,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. . � O � CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 18, 2020 Subject: Anonymous Donation - Crime Prevention Fund Background: The Roanoke Police Department has received an anonymous donation in the amount of $10,000. It was the request of the donor that this be applied to our Crime Prevention Program. This funding will be used to support a wide variety of popular police department programs. Examples of some of the programs and programming areas that will be supported with this donation include Shop with a Cop, Senior Sidekicks, Domestic Violence Awareness, Hispanic Community Outreach, Child Safety Seats, Growth Through Opportunity, Violence Prevention, Cops Camp and Children's Gun Safety. No local match funding is required for this donation. Recommended Action: Accept the donation as described above and authorize the City Manager to execute the donation agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $10,000 and appropriate funding in the same amount into accounts to be established by the Director of Finance in the Grant Fund. Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Amelia C. Merchant, Director of Finance Chester Smith, Acting Chief of Police ktj,N1' 41 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Th3 18th day of February, 2020. No. 41668- 021820. A RESOLUTION authorizing the acceptance of funding by the City of Roanoke from the United Way of Roanoke Valley ( "UWRV ") for program management and activities of the Bank On Roanoke Valley ( "BORV ") program for Fiscal Year ( "FY ") 2020, in order to integrate and align BORV with the Financial Empowerment Center ( "FEC "); authorizing the City Manager to execute any documents necessary to receive such funding and to transition ongoing program management of BORV to the City, including a Memorandum of Understanding with UWRV; and authorizing the City Manager to take such further actions and execute such other documents as may be necessary to obtain, accept, implement, administer, and use such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: The City of Roanoke hereby accepts funding in the amount of $40,000 from the UWRV to be used for FY 2020 program management and activities of BORV, in an effort to integrate and align BORV with the FEC, as more particularly described in the City Council Agenda Report dated February 18, 2020. 2. City Council hereby authorizes the City Manager to execute any documents necessary to receive such funding and to transition ongoing program management of BORV to the City, including the Memorandum of Understanding with UWRV, which is attached to the above mentioned Agenda Report, with all such documents to be approved as to form by the City Attorney. 3. The City Manager is authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds, as allowed by the terms and conditions of the MOU, with any such documents being approved as to form by the City Attorney. ATTEST: City Clerk. 0 2 Accept Funding UWRV for BORV through CFE 02.18.20 dpb edits.doc V� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2020. No. 41669 - 021820. AN ORDINANCE to appropriate funding from the United Way of Roanoke Valley to transition program management from Bank on Roanoke Valley to the City to improve the financial stability of low to moderate income residents, amending and reordaining certain sections of the 2019 -2020 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 2019 -2020 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Salaries City Retirement 401 H Savings FICA Medical Insurance Dental Insurance Life Insurance Administrative Supplies Marketing & Promotion 35- 310- 8331 -1002 $21,312 35- 310- 8331 -1105 3,634 35- 310- 8331 -1117 231 35- 310- 8331 -1120 1,632 35- 310- 8331 -1125 1,713 35- 310- 8331 -1126 199 35- 310- 8331 -1130 279 35- 310- 8331 -2030 1,000 35- 310- 8331 -2018 10,000 Revenues Bank on Roanoke Program -UWRV 35- 310 - 8331 -8331 40,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 18, 2020 Subject: Acceptance of FY 2019 -2020 United Way funding for the Bank On Roanoke Valley program which will fund part of the salary of the City's Financial Stability Specialist and program activities Background: Bank On Roanoke Valley ( "BORV") is an unincorporated program created by United Way of Roanoke Valley ( "UWRV ") with the mission of working collaboratively with local governments, banks, credit unions, and non - profit agencies to improve the financial stability of low and moderate income Roanoke Valley residents by connecting them to the financial mainstream and offering free financial wellness workshops. As Council is already aware, the City of Roanoke ( "City ") has been awarded a two -year grant by the Cities for Financial Empowerment ( "CFE ") Fund, Inc., which will be used to provide free one -on -one professional financial counseling to low and moderate income residents through a Financial Empowerment Center ( "FEC "). The UWRV and the City want to transition program management of BORV to the City in an effort to integrate and align BORV with the FEC. The plan is to have the soon -to -be -hired Financial Stability Specialist, who will oversee the FEC, also manage the BORV program. The $40,000 UWRV funding is being given to the City to pay for part of the salary of the Financial Stability Specialist and for BORV activities. UWRV will continue to serve as the fiscal agent for grant funds, donations and partner sponsorships for BORV. Going forward, UWRV will annually transfer all such funds to the City for use in managing the BORV program and BORV activities, in accordance with the procedures outlined in the attached Memorandum of Understanding ( "MOU ") between UWRV and the City. This $40,000 is the first such transfer of funds. Considerations: City Council action is needed to accept funding in the amount of $40,000 from UWRV and authorize the City Manager to execute a MOU between UWRV and the City which details UWRV's and the City's respective obligations with regard to the BORV. A copy of the MOU is attached to this letter. The funding is in the amount of $40,000 and will fund part of the salary of the Financial Stability Specialist as well as BORV activities. Recommended Action: Accept the funding as described above and authorize the City Manager to execute any required agreements, including the attached MOU, to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $40,000 and appropriate $40,000 into accounts established in the Grant Fund by the Director of Finance. -- --------------- - - - - -- - Robert S. Cowell, Jr. City Manager Attachment Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Aisha Johnson, Economic Development Specialist 2 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ( "Memorandum ") is made and entered into and effective as of the day of March, 2020, and memorializes the understanding and agreement between the City of Roanoke ( "City ") and United Way of Roanoke Valley ( "UWRV ") and provides as follows: WHEREAS, Bank On Roanoke Valley (`BORV ") is an unincorporated program, created by UWRV, with the mission of working collaboratively with local governments, banks, credit unions, and non - profits to improve the financial stability of low and moderate income Roanoke Valley residents by connecting them to the financial mainstream, in conjunction with free financial wellness workshops; WHEREAS, in September 2019, the City was selected as a Cities for Financial Empowerment ( "CFE ") Financial Empowerment Center ( "FEC ") implementation site which will have the mission of improving the financial stability of low and moderate income households by providing free financial counseling; WHEREAS, with the creation of the FEC, UWRV and the City would like to transition program management of BORV to the City in order to integrate and align BORV with the FEC Program. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, as well as the advantages accruing to the parties hereto and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE The purpose of this Memorandum is to provide for program management of BORV and convener responsibilities of the BORV Coalition by the City, as well as detailing the method in which funds will be transferred from UWRV to the City to pay for staff time dedicated to said duties. ARTICLE II GOAL AND OBJECTIVE The Goal and Objective of this Memorandum is as follows: To build capacity and improve efficiency by integrating and aligning BORV with the FEC Program. This should enable both parties to help additional low and moderate income residents of the Roanoke Valley. ARTICLE III OBLIGATIONS OF THE PARTIES The parties agree that the following represents their respective obligations under this Memorandum: A. The parties' joint obligations: 1) The parties agree to continue to work together in support of BORV's mission, which includes working collaboratively with each other as well as banks, credit unions, and non - profits to improve the financial stability of low and moderate income Roanoke Valley residents by connecting them to the financial mainstream, in conjunction with free financial wellness workshops. 2) The salary and benefits paid by the City for staff time to accomplish BORV program management and coalition convener duties will be approximately covered by funds raised and transferred to the City by UWRV. These funds will include the City's customary financial contribution to BORV. B. UWRV's obligations: 1) Transfer and /or maintain custody of specific items listed in Exhibit A, and maintain all financial records for five (5) years after each fiscal year with respect to amounts received by UWRV and transferred to the City and allow the City, including the Roanoke City Municipal Auditor, and its authorized employees, agents, and representatives access to such records and the right to examine, copy, and /or audit such records with respect to amounts transferred to the City and identified in Exhibit B. 2) Transfer all funds to the City which have been raised for the purpose of funding BORV for the 2019 -2020 fiscal year, as listed in Exhibit B, by May 15, 2020. The City will invoice UWRV upon final written agreement by both parties. The invoice is payable within thirty (30) days from the date of the invoice. Thereafter, transfer funds associated with the then current version of Exhibit B by April 1 of the fiscal year, as detailed in Article IV. 3) As a 26 U.S.C. 501(c)(3) nonprofit organization, UWRV will serve as the fiscal agent for grant funds, donations and partner sponsorships for BORV and will transfer all such funds to the City in accordance with the procedures outlined in Article IV. 4) Provide BORV Steering Committee meetings support until June 30, 2020 and supporting the transition of these responsibilities to the Financial Stability Specialist beginning July 1, 2020. FA 5) Assist in the onboarding of the Financial Stability Specialist as it relates to BORV programs and management (i.e. Roanoke Valley Saves Week, Bank on Wellness Series, Partner MOD's, governance structure, etc.) from point of hire to June 30, 2020. 6) Solicit and collect the Partner MOU's and sponsorships in collaboration with the BORV Steering Committee and Financial Stability Specialist (date of execution of this agreement to June 2021). 7) Develop and submit relevant grant applications on behalf of BORV (date of execution of this agreement to June 2020). 8) Exercise fiscal oversight and accountability for BORV Partner MOU's, sponsorships, and grants. 9) Continue to have active UWRV representation on the BORV Steering Committee. C. The City's obligations: 1) Assume the responsibility for program management of BORV and convening of the BORV Coalition as outlined in the current BORV Strategic Plan, and integrate and align BORV with the FEC Program.. This will include at a minimum: a) Assuming staff support role for BORV Steering Committee meetings. b) Assuming staff support role for BORV programs including but not limited to Roanoke Valley Saves Week and Bank on Wellness Series. c) Coordinate with UWRV staff in soliciting and collecting the Partner MOU's and sponsorships in collaboration with the BORV Steering Committee. d) Develop and submit relevant grant applications on behalf of BORV. e) Transfer and /or maintain custody of specific items listed in Exhibit A.. f) Provide accounting and oversight for the funding transferred as outlined in Exhibit B. 2) Pay for staff time to oversee and manage the BORV Program and convene the BORV Coalition. The staff salary and benefits will align with the City's pay scale for similar positions. ARTICLE IV FUNDING A. By April 1 of each fiscal year, the parties shall execute a new version of Exhibit B with the then current BORV funding amounts. In the event that the parties fail to amend this Memorandum to incorporate a new Exhibit B by April 1, this Memorandum shall automatically terminate and be of no further force or effect. The City will invoice UWRV upon final written amendment of Exhibit B by both parties. The invoice will be payable within thirty (30) days from the date of the invoice. B. Because the initial term of this agreement commences upon the date of execution and ends on June 30, 2021 (as detailed in Article V), the funds detailed in Exhibit B shall be provided to the City by May 15, 2020, and on that same date a new Exhibit B for Fiscal 3 Year 2020 -21 shall be provided to the City in order to execute a new Exhibit B by April 1 as required by Article IV (A) above. ARTICLE V TERM AND TERMINATION This Memorandum outlines the responsibilities of the parties for the initial term, which shall begin on the date of execution of this Memorandum and continue through and including June. 30, 2021. Thereafter, this agreement shall continue, without limitation, for one -year periods corresponding to the City's fiscal year (July 1 to June 30). These periods shall continue until either party gives written notice at least sixty (60) days prior to the start of the next fiscal year or until the parties fail to agree to a new Exhibit B as outlined in Article IV. ARTICLE VI NOTICE Any notice, request, modification or demand given or required to be given under this Memorandum shall, except as otherwise expressly provided herein, be in writing and shall be deemed duly given only if delivered personally or sent by certified mail, return receipt requested to the addresses below: Abigail Hamilton United Way of Roanoke Valley 325 Campbell Ave SW #3624, Roanoke, VA 24016 Robert S. Cowell, Jr. City Manager City of Roanoke, Virginia 215 Church Ave. S.W., Suite 364 Roanoke, VA 24011 ARTICLE VII MISCELLANEOUS Amendment. This Memorandum and any Exhibits hereto may be amended as needed from time to time by the express written agreement of the parties. Compliance with the Law. The parties agree to comply with all local, state and federal laws as the law currently exists, or may exist in the future, during the term of this Memorandum. rd Assignment. The provisions of this Memorandum are for the exclusive benefit of the parties and are not for the benefit of any third person, nor shall this Memorandum be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. Captions and Headings. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Memorandum. Severability. The invalidity, illegality, or unenforceability of any provision of this Memorandum as determined by a court of competent jurisdiction shall in no way affect the validity, legality, or enforceability of any other provision hereof. Governing Law. This Memorandum shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Venue. The parties hereto agree that in the event of any litigation arising out of the breach or performance of this contract, such litigation will be instituted in the Circuit Court for the City of Roanoke, Virginia. Drug -free Workplace. During the performance of this MOU, UWRV shall: (1) provide a drug - free workplace for its employees; (2) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in its workplace and specifying the actions that will be taken against employees for violations of such prohibition; and (3) state in all solicitations or advertisements for employees placed by or on behalf of the UWRV that maintains a drug -free workplace; Equal Employment Opportunity. During the performance of this MOU, UWRV agrees as follows: (1) UWRV will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of UWRV. UWRV agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (2) UWRV, in all solicitations or advertisements for employees placed by or on behalf of UWRV, will state that UWRV is an equal opportunity employer. (3) Notices, advertisements, and solicitations placed in accordance with federal laws, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. Faith Based Organizations. Pursuant to Virginia Code § 2.2- 4343.1, be advised that the City does not discriminate against faith -based organizations. Compliance with Laws and Regulations and Immigration. tion. UWRV agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations, including, but not limited to all applicable licensing requirements, environmental regulations, and OSHA regulations. UWRV further agrees that UWRV does not and shall not during the term of this Wi MOU; knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986. Entire Agreement. This Memorandum represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Memorandum shall not be amended or modified except by written instrument signed by the parties. Counterparts; Facsimile. This Memorandum may be executed in several counterparts, and all counterparts so executed shall constitute one agreement binding on all parties, notwithstanding the fact that all parties have not signed the original or the same counterpart. The facsimile signature of any party to this Memorandum or a PDF copy of the signature of any party to this Memorandum, whether delivered by e -mail, mail, or personal delivery, for purposes of execution, is to be considered to have the same binding effect as the delivery of an original signature on an original document. (SIGNATURE PAGE TO FOLLOW) IN WITNESS WHEREOF, the parties by their duly authorized representative have caused this Memorandum to be executed. UNITED WAY OF ROANOKE VALLEY Abigail Hamilton Title: President and CEO Date: Attest: CITY OF ROANOKE, VIRGINIA By: Robert S. Cowell, Jr. Title: _City Manama Date: Attest: Approved as to Form: Approved as to Execution: 7 EXHIBIT A All items listed in this Exhibit are and will remain assets of Bank On. PART By June 30, 2020, UWRV will transfer custody of the following items to the City's Custody. : 1. BORV financial records reviewed by the Steering Committee, UWRV and City financial representatives. 2. Equipment and supplies purchased with BORV funds, including but not limited to: a. Bank On Wellness class related office supplies b. Printed financial education booklets and materials c. Marketing materials, flyers and half sheets 3. Documents and directories containing contact information for Steering Committee members, volunteers and funders. 4. Files relating to the BORV website (e.g. site map, web templates, hosting information, contact information of the web designer, contracts, etc.) including files that were submitted for posting on the website (e.g. photos, videos, text /language and logos). 5. All media files: video and photos documenting BORV programs and outcomes, program implementation and logos. 6. Agendas, minutes and materials from all Steering Committee and BORV planning meetings. PART II UWRV will maintain custody of the following items : 1. Memorandums of Understanding with BORV partners, supporters, funders and similar document2. Gift cards 3. Tablets EXHIBIT B UWRV estimates providing, to the City, $40,000 in funds that were allocated for the 2019 -2020 BORV program year according to the following projections: BORV Carryover from 2018 - 2019 9,500.00 UWRV Internal Allocation for 2019 - 2020 18,000.00 2019 - 2020 Sponsorships American National Bank (HomeTown) 1,500.00 Blue Eagle Credit Union 1,500.00 First Citizens Bank 2,000.00 Freedom First 2,500.00 City of Roanoke 5,000.00 Suntrust 7,500.00 Total 20,000.00 Total for 2019 - 2020 47,500.00 UWRV Administrative Fee for 2019 -2020 7,500.00 Total funds available for the City of Roanoke 40,000.00 1*__) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2020. No. 41670 - 021820. A RESOLUTION requesting the Commonwealth Transportation Board (CTB) and Virginia Department of Transportation (VDOT) to establish a Revenue Sharing Program known as the Hollins Road /Orange Avenue Intersection Improvements Project; requesting that the $500,000 in Revenue Sharing Program funds from the Tenth Street Improvements Project and $500,000 in Local Match funds from the City of Roanoke (City) from the Tenth Street Improvements Project be transferred to the newly established Hollins Road /Orange Avenue Intersection Improvements Project; authorizing the City Manager to execute a project administration agreement with VDOT and an Appendix A document for Revenue Sharing Funds for the Hollins Road /Orange Avenue Intersection Improvements Project; and authorizing the City Manager to take certain other actions in connection with the above matters and Projects. WHEREAS, VDOT has completed the Tenth Street Improvements Project and $500,000 in Revenue Sharing Program funds and $500,000 in Local Match funds are remaining on the project and available for transfer; WHEREAS, Hollins Road /Orange Avenue Intersection Improvements Project is an existing project in the VDOT Six Year Improvement Program and a project that meets the requirements of the Revenue Sharing Program; WHEREAS, the City of Roanoke requests that the CTB and VDOT establish Hollins Road /Orange Avenue Intersection Improvements as a Revenue Sharing Project, as more fully set forth in the City Council Agenda Report dated February 18, 2020. R -VDOT Revenue Sharing — Hollins Rd- Orange Ave (2.18.20) 1 NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke as follows: 1. The City of Roanoke requests that the CTB and VDOT establish Hollins Road /Orange Avenue Intersection Improvements Project as a Revenue Sharing Project, 2. The City of Roanoke requests that the $500,000 in Revenue Sharing Program funds and $500,000 in Local Match funds from completed Tenth Street Improvements project be transferred to the newly established Hollins Road /Orange Avenue Intersection Improvements Project. 3. The City of Roanoke hereby agrees to provide its share of the total cost for preliminary engineering, right -of -way and construction of the project in accordance with the project financial documents. 4. The City of Roanoke hereby agrees to enter into a project administration agreement and Appendix A with VDOT for the above Project in connection with the VDOT Revenue Sharing Funds, together with the required City matching funds mentioned above. Such Agreement shall be approved as to form by the City Attorney, and provide the necessary oversight to ensure the project is developed in accordance with all applicable federal, state and local requirements for design, right -of -way acquisition, and construction of the property. 5. The City of Roanoke will be responsible for maintenance and operating costs of the facility as constructed unless other arrangements have been made with VDOT. 6. If the City of Roanoke subsequently elects to cancel the project, the City of Roanoke hereby agree to reimburse VDOT for the total amount of costs expended by VDOT R -VDOT Revenue Sharing — Hollins Rd -Orange Ave (2.18.20) 2 through the date VDOT is notified of such cancellation. The City of Roanoke also agrees to repay any funds previously reimbursed that are later deemed ineligible by the Federal Highway Administration or VDOT. 7. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use the above Revenue Sharing Funds in the total amount of $500,000, together with $500,000 in City matching funds, for the above mentioned Project, with any such documents to be approved as to form by the City Attorney. ATTEST: OZUL�' V-14. IN d'ej City Clerk. R -VDOT Revenue Sharing — Hollins Rd- Orange Ave (2.18.20) 3 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 18, 2020 Subject: Establishment of VDOT Revenue Sharing Project Hollins Road/ Orange Avenue Project - VDOT UPC 111370 Background: In FY2018, the City of Roanoke was awarded funding for improvements at the intersection of Orange Avenue and Hollins Road through the Smart Scale program. The project was advertised for construction in December 2018; however, the bids were too high and the project was redesigned and re- advertised in December 2019. Bids opened on January 23, 2020 and the low bid is again higher than the funding that has been allocated for the project. As a result, VDOT has asked the City for funding assistance. In 2018, VDOT also completed the first phase of the 10th Street project. To enable construction of that project, the City allocated approximately $1.4 million in local funds to be matched by an equal amount from the State through the Revenue Sharing Program. While some minor amount of warranty work still exists on that project, VDOT indicates that it will not be necessary to use the entire amount of Revenue Sharing funds originally allocated to that project. VDOT expects to have a surplus of about $1.5 million of the Revenue Sharing funds on the 10`h Street project and is currently comfortable using $1 million of those funds for other uses. Considerations: VDOT has suggested that the Commonwealth Transportation Board be asked to establish the Orange Avenue/ Hollins Road intersection project as a Revenue Sharing Program project. Unused revenue sharing funds from the l Oth Street project could then be transferred to cover a portion of the shortfall. VDOT has made some concessions in some of their practices related to construction contingencies and has indicated that with the use of Revenue Sharing funds, the remaining shortfall could likely be covered by unspent funds from other projects in the Smart Scale program. Recommended Action: Adopt the accompanying resolution asking the Commonwealth Transportation Board and VDOT to establish UPC 111370 - Hollins Road /Orange Avenue Intersection Improvements as a Revenue Sharing Program project. Request that VDOT transfer $500,000 in Revenue Sharing Program funds and $500,000 in required Local Match from completed project UPC 709 - 10th Street Improvements to the newly established project. Authorize the City Manager to execute agreements and to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds. Fr+,Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Mark D. Jamison, P.E., Transportation Division Manager 2 , 1��, , IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2020. No. 41671- 021820. A RESOLUTION adopting the Charter for Compassion and authorizing the Mayor to sign the Charter for Compassion on behalf of the City of Roanoke. WHEREAS, Roanoke, a seven time All America City, celebrates its diversity throughout the community and seeks tangible ways to strengthen its commitment to maintaining a welcoming and compassionate community for its residents and visitors; WHEREAS, localities, communities, and regions throughout the United States and around the world have endorsed the Charter for Compassion as an expression of their commitment to implement and restore the Golden Rule in public and private activities in their communities; and WHEREAS, Council acknowledges its role and responsibility in making compassion a fundamental and empowering force for all residents of our City, including our children and families. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that 1. Council declares that the City of Roanoke adopts the Charter for Compassion and declares the City a participant in the Compassionate City initiative to enable the citizens of Roanoke, government, and institutions to work together implement, apply, and support compassionate solutions in the service to our citizens and community. 2. The Mayor of the City of Roanoke is authorized to sign the Charter for Compassion on behalf of the City to demonstrate the City's endorsement of the Charter for Compassion. ATTEST: City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 18, 2020 Subject: Affirmation and Sharing of the Charter for Compassion Background: The organization, Charter for Compassion, headquartered in Bainbridge Island, Washington, provides an umbrella for individuals to engage in collaborative partnerships worldwide. The organization is a cooperative effort to restore not only compassionate thinking, but, more importantly, compassionate action to the center of religious, moral, and political life. Compassion is the principled determination to put ourselves in the shoes of the other, and lies at the heart of all religious and ethical systems. The mission of the organization is to bring to life the principles articulated in the Charter for Compassion (Charter) through concrete, practical action in a wide -range of sectors of activity. At the center of this effort is the Charter for Compassion document which is intended to transcend religious, ideological, and national differences, and which is intended to activate the Golden Rule around the world. The organization was launched in November, 2009. Cities and regions from around the world have signed on to the Charter, including Vancouver, British Columbia, Seattle, Washington, Houston, Texas, and Louisville, Kentucky; and the U.S. Conference of Mayor's endorsed the effort by Resolution at their Annual Meeting in 2013. A copy of the Charter is attached to this Report. Considerations: City Council received a briefing on this effort at its January 6, 2020 meeting, and indicated its interest in pursuing support of the Charter. A Resolution attached to this Report authorizes the Mayor to sign the Charter for Compassion on behalf of the City. Recommended Action: Adopt the attached Resolution which authorizes the Mayor to sign the Charter for Compassion on behalf of the City. -- - - - - -- - ------ - - - - -- Robert S. owell, fir. City Manager Attachment Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development 2 The Charter for Compassion is a document that transcends religious, ideological, and national differences. Supported by leading thinkers from many traditions, the Charter calls on us to activate the Golden Rule around the world The principle of compassion lies at the heart of all rel,gious, ethical and spiritual trad,- aons, calling us always to treat all others as we wish to be treated ourselves. Com- passion impels us to work tirelessly to alleviate the suffering of our fellow creatures, to dethrone ourselves from the centre of our world and put another there, and to honour the inviolable sanctity of every single human being, treating everybody, without exception, with absolute justice, equity and respect. It is also necessary in both public and private life to refrain consistently and empathically from inflicting pain. To act or speak violently out of spite, chauvinism, or self- interest, to impoverish, exploit or deny basic rights to anybody, and to incite hatred by denigrating others - --even our enemies —is a denial of our common humanity.We acknowledge that we have failed to live compassionately and that some have even increased the sum of human misery in the name of religion. We therefore call upon all men and women -to restore compassion to the centre of morality and religion -to return to the ancient principle that any interpreta- tion of scripture that breeds violence, hatred or disdain is illegitimate -to ensure that youth are given accurate and respectful information about other traditions, religions and cultures -to encourage a positive appreciation of cultural and religious diversity -to cultivate an informed empathy with the suffering of all human beings —even those regarded as enemies. We urgently need to make compassion a clear, luminous and dynamic force in our polarized world. Rooted in a principled determination to transcend selfishness, compassion can break down political, dogmatic, ideological and relig,ous boundaries. Born of our deep interdependence, compassion is essential to human re- lationships and to a fulfilled humanity. It is the path to enlightenment, and ind spensible to the creation of a just economy and a peaceful global community. In 2008, Karen Armstrong won the TED Pr+ze for her wish to create a Charter for Compassion Thousands of people contrib- uted to the process and the Charter was unveiled in No- vember 2009. Since then, the Charter has inspired community-based acts of com- passion all over the world. From Seattle to Karachi. Houston to Amsterdam, in schools, houses of worship, city governments, and among individuals everywhere, the message of the Charter is transforming lives. Join the global compassion movement! • Sign the Charter • Join Our Community • Become a Partner • Start a Compassionate Cities Campa <gn • Find Resources charterforcompassion.org facebook .com /charterforcompassion twitter /The Charter Questions? Email us: contact @chat -terforcompassion.org Or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2020. No. 41672- 021820. A RESOLUTION adopting the Roanoke, Virginia Strategic Plan 2020 -2021 (2020 Strategic Plan). WHEREAS, Roanoke has a history of engagement in strategic thinking and taking strategic action as evidenced by the Council's development, adoption, and review of the City's Comprehensive Plan; WHEREAS, the City developed the Roanoke, Virginia Strategic Plan 2019 (2019 Strategic Plan) focused on strategies and actions that will be needed to progress and promote the community vision in the seven strategic areas of Education, Community Safety, Human Services, Infrastructure, Good Government, Livability, and Economy; WHEREAS, City Council adopted Resolution No. 41382- 021919 on February 19, 2019 that approved the 2019 Strategic Plan and established a process to review the 2019 Strategic Plan on an annual basis, as determined by the City Manager and directed the City Manager to provide City Council with semi - annual progress reports and an annual performance measure report with respect to implementation of the Strategic Plan; WHEREAS, commencing with the strategic planning retreat in July 2019, and continuing review and revisions during fiscal year 2020 as more particularly discussed in the City Council Agenda Report dated February 18, 2020, City Council reviewed, revised, and developed the proposed 2020 Strategic Plan; and WHEREAS, pursuant to Resolution No. 41382- 021919, the City Manager provided City Council with progress reports and recommends adoption of the 2020 Strategic Plan to further define and implement the community vision, identify several strategic areas central to achieve this vision, and defines the roles and responsibilities of the City administration in responding to each of the strategic areas as described in the City Council Agenda Report dated February 18, 2020. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that I. City Council approves the Roanoke, Virginia Strategic Plan 2020 -2021 that is attached to the City Council Agenda Report dated February 18, 2020. 2. City Council reaffirms the directives set forth in Resolution No. 41382- 021919 that City Council will review the 2020 Strategic Plan on an annual basis, as determined by the City Manager, and that the City Manager will provide City Council with semi - annual progress reports and an annual performance measure report with respect to implementation of the 2020 Strategic Plan. ATTEST: J• yxd'17 City Clerk. `~ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 18, 2020 Subject: Adoption of "Roanoke Virginia Strategic Plan 2020 - 2021" Background: In times of opportunity or challenge, of abundant or scarce resources, strategic thinking focused on community vision, strategies, and actions will be necessary to progress toward that community vision. Beginning in 2019, the Council built upon its legacy of strategic thinking through the adoption of the "Roanoke Virginia Strategic Plan 2019" (Plan), the first formal strategic plan formulated for the City. This Plan, along with the City's Comprehensive Plan, which represents how the City will physically change over time, provides a foundation upon which to build more detailed plans, strategies and actions. A year has passed since its adoption and is time for adoption of an updated version, Roanoke Virginia Strategic Plan 2020 -2021. The process used in the development of this Plan started with a Council strategic planning retreat held in duly 2019 which included a review of current strategic items, overviews of governance in Virginia, the Council- Manager form of government, economic and social characteristics of Roanoke, and public service delivery in Roanoke. This retreat included a robust discussion of current conditions, projected trends and the goals for the future of the City. An affirmation of the community vision and an outline of the strategies were the principal products resulting from the retreat. A draft Plan was prepared and presented to the Council at their annual budget planning retreat held in October. A final draft version was made available for public review and comment in .January 2020. Revisions were made and the final version crafted, which is attached to this report (Attachment). The Council will review the Plan on an annual basis, making adjustments every two years or as necessary, following a process similar to that used in the creation of this plan. Additionally, City Management will provide the Council with semi - annual progress reports on the Plan and a performance measure report annually. Considerations: The Plan clearly states the community vision and identifies seven strategic areas of importance which are central to the accomplishment of that vision (Education, Community Safety, Human Services, Infrastructure, Good Government, Livability, and Economy). For each strategic area, the plan identifies actions and initiatives to be taken to achieve the desired results, and identifies various statistical and data - driven indicators which will help measure the extent of those results. Finally, the Plan also outlines the roles and responsibilities of the City administration to respond to each of the strategic areas to develop and administer programs and deliver services aligned with certain core values, organizational framework, and specific strategies. Recommended Action: Approve a Resolution adopting the "Roanoke Virginia Strategic Plan 2020- 2021 ". ! -- ----- - -- - -- Robert S. Cowell, fir. City Manager Attachment Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations E Roanoke, Virginia Strategic Plan 2020 -2021 &0 ROANOKE Roanoke City Council Vice -Mayor Joe Cobb, Anita Price, Michelle Davis, Mayor Sherman Lea, Djuna Osborne, Patricia White - Boyd, Bill Bestpitch o�"cac _ IL Seven -time All- America City Winner! 1952 1 1979 ( 1982 11988 ( 1996 12012 12017 1 Mayor Sherman P. lea, Sr. City Manager Bob Cowell, Jr. As Mayor of the first city inducted into the All-America City Hall of Fame and a seven -time All-America City, it is my pleasure to serve alongside a Council and City Administration that recognize the importance of thinking strategically and acting on priorities. This plan captures the Council's strategic priorities and defines the outcomes we seek to achieve on behalf of the citizens. The Strategic Plan, our City's comprehensive plan, related specific purpose or place -based plans, and our annual budget represent what it is we as a City do and why we do it. It is through these efforts we work to ensure our City continues to offer we the best opportunity for the most people — in short, that it remains a great day in Roanoke! I encourage you to read this document to better understand our Vision for the community, how we plan to get there, and how you can measure our progress. It is my honor to serve the Mayor and Council and, on their behalf, the community, to lead an organization that works every day to deliver the services demanded and to offer opportunity to each and every resident and business of Roanoke. This plan provides the Vision established by Council and the steps necessary to realize that Vision. This plan also provides how we as an organization will conduct our business and sets the stage for the annual budget and capital improvements program. With the assistance of the Mayor and Council, we continue to make progress as a City - routinely recognized as one of the best places in America to live, operate a business, secure an education, or visit. I encourage you to review what follows and join us in keeping Roanoke a wonderful place for all who call it home. 2 TABLE OF CONTENTS Purposeof Strategic Planning .................................................................................... ..............................5 StrategicPlanning Process .......................................................................................... ..............................5 CommunityProfile ....................................................................................................... ..............................6 Vision and Strategic Areas of Importance ................................................................ ..............................7 Education...................................................................................................................... ..............................9 Overview Path to Results Performance Measures CommunitySafety ........................................................................................................ .............................11 Overview Path to Results Performance Measures HumanServices ............................................................................................................ .............................13 Overview Path to Results Performance Measures Infrastructure................................................................................................................ .............................15 Overview Path to Results Performance Measures GoodGovernment ........................................................................................................ .............................17 Overview Path to Results Performance Measures 3 Livability........................................................................................................................ .............................19 Overview Path to Results Performance Measures Economy........................................................................................................................ .............................21 Overview Path to Results Performance Measures OrganizationalResponse ............................................................................................. .............................23 -� 'i ab N ll, ei ware• 'a �i0,iaxi HISS 1aaain war4• •a •a 4 Purpose of Strategic Planning A strategic plan should serve as the physical product of strategic thinking — that is, delineation of a community vision and the strategies and actions that will be necessary to progress toward that vision. The Council, City Government and community should ideally evaluate every opportunity or challenge that presents itself against this vision and its associated strategies to best determine how to allocate their time, money and other resources — all of which are limited. The Strategic Plan is a companion to the City's Comprehensive Plan, which represents how the City will physically change over time. Together, the Strategic Plan and the Comprehensive Plan provide a firm foundation upon which to build more detailed neighborhood and special purpose plans, the annual budget, the multi -year capital improvements program, regulations and ordnances, and other associated public policy and implementation documents and initiatives. ...ideally evaluate every opportunity or challenge that presents itself against this vision and its associated strategies to best determine how to allocate their time, money Ideally one should be able to review this document and gain a firm I and other resources... understanding of where the City intends to go, and generally how it proposes to get there, as well as gain insight into how progress along the way is intended to be measured. Strategic Planning Process This document represents the first update to the Strategic Plan which was formally adopted for the first time in 2019. The City has engaged in strategic thinking for many years. Much of what is included in this plan has, for a number of years, been included in the annual budget and other policy documents. The process used in the development of this plan was similar to that used in crafting the current version, beginning with a Council strategic planning retreat, which included a review of current strategic items, economic and social characteristics of Roanoke, and public service delivery in Roanoke. This retreat included a robust discussion of current conditions, projected trends and the goals for the future of the City. An affirmation of the community vision and an outline of clarificaitons of the strategies were the principal products resulting from the retreat. A draft strategic plan was prepared and presented to the Council at their annual budget planning retreat. A final draft version was made available for public review and comment in January 2019. Revisions were made and a final draft crafted. The Strategic Plan was approved by City Council at their meeting on February 18, 2020. The Council will review the Strategic Plan on an annual basis, making adjustments as appropriate, following a process similar to that used in the creation of previous plans. Additionally, City Management will provide the Council with semi - annual progress reports on the Plan and a performance measure report annually. 5 Community Profile The City of Roanoke is a mid -size independent city with a population of approximately 100,000 located within a region with a population of approximately 350,000. The Roanoke region is located within the southwestern portion of the Commonwealth of Virginia with the City of Roanoke as the largest city west of Richmond. Roanoke serves as the region's education, medical, shopping, and cultural hub, anchoring Virginia's Blue Ridge. Built upon success of the growth in the rail industry, Roanoke grew very rapidly in the 19' and early 20th centuries. After a period of economic challenges, Roanoke is experiencing a rennaisance built upon the strengths of medical research and care, technology and advanced manufacturing. Recent economic growth, a vibrant downtown, unparalleled outdoor amenities and numeorus arts and cultural offerings have led Roanoke to national recognition. Population Estimate (2019) — 99,348 Median Age — 38 with 7% under 5 years of age and 16% aged 65 and older. Race — 63% of the current population is White alone, 30% Black or African descent alone, and 6.3% Hispanic or Latino. Households and Income —There are 42,541 households in Roanoke with 47,011 housing units with a median value of $158,800. 52% of the homes in Roanoke are owner - occupied. The 2018 Median income is $43,028 with 20% of the population living in poverty. 86% of the adults in Roanoke are high school graduates or higher. Industry & Business - There are 3,132 business establishments in Roanoke employing 68,842 with a total annual payroll of $3 billion. Health care and social assistance is the largest employment sector in Roanoke accounting for more than 12,000 jobs. There are currently more than 100,000 students pursuing degrees at 25 colleges and universities located within the greater Roanoke region. Roanoke Community Vision The City of Roanoke is a safe, caring and economically vibrant community in which to live, learn, work, play and prosper A vibrant urban center with strong neighborhoods set amongst the spectacular beauty of Virginia's Blue Ridge Strategic Areas of Importance This vision is pursued by focusing on seven areas of strategic importance Education Community Safety Human Services Infrastructure Good Government Livability Economy 7 The City Council expects that as a City we will act on each of the strategic priorities grounded in the following: Equity — Access to equal opportunity for successful outcomes for all, regardless of location, race, sexual orientation, gender identity or ability Community Engagement & Inclusion — Intentional involvement of citizenry in the direction and actions of their government Healthy Outcomes — Physical and social environment that promotes healthy outcomes for all residents regardless of their location Creativity — Innovation in programming and addressing opportunities and confronting challenges 8 Education Foster an environment for lifelong learning which encompasses cradle to career and beyond through shared services and community involvement Path to Results We will join our community in ensuring access to educational opportunities through the course of each individual's life. We seek to help develop successful students and productive and educated adults, prepared to succeed to the full extent of their abilities. Early Learning and School Readiness — we will invest time, money and resources in preparing children to read proficiently by the end of the third grade. Support of K -12 Educational Program — we will invest time, money, and resources in ensuring Roanoke City Public Schools are able to provide the facilities, curriculum and teachers necessary to deliver quality educational programs. Preparation for Post High - School Success — we will work with the community to identify and support programs and initiatives that equip students to succeed beyond high school, whether their path leads them to college, a trade or vocation, or community service. Adult Learning — we will invest time, money, and resources in opportunities for adults to continue to learn to enhance skills, broaden their general knowledge or further their creativity. 9 Indicators We will determine success by: Improving PALS Scores; Securing and Maintaining Accreditation for all public schools; Improving Graduation Rates; Improving Student Learning Outcomes; Increased Adult Learning Opportunities; Increasing Workforce Participation Rate; Increasing Percentage of residents with post- High - School Education /Certification. 10 Community Safety Foster a community where citizens feel safe and they and their property are safe in their homes, businesses and neighborhoods Path to Results We will ensure that our community comes together to plan for and to the extent practical, prevent harm from manmade and natural risks. We will take steps to ensure our homes, businesses, public places, streets and neighborhoods are safe and desirable places to live, work and play. Together we will ensure that when a response is necessary it is done in as efficient, fair and appropriate manner as practical. Prevention — We will invest the time, money and resources necessary to ensure that, to the extent practical, harm to property or persons is prevented through the use of programs, education, and code and law enforcement and addressing underlying causes including poverty, trauma and inequity. Responsiveness — We will maintain the equipment and personnel necessary to meet or exceed established national standards related to response time for public safety and ensure our resources and services will be delivered in an equitable and just manner. Communication & Engagement — We will invest the time, money and resources necessary to ensure the ability to reliably communicate to and engage with the general public, between staff locally and throughout the region during routine business operations and, in times of emergency response. Quality of Standards and Laws — We will ensure that our codes, practices and policies are consistent with recognized best practices and are legally sound. 11 Indicators We will determine success by: Accreditation by recognized national or regional organizations will be secured and maintained by departments /divisions engaged in delivery of public safety services; ISO ratings of the highest level will be secured and maintained by the departments /divisions engaged in delivery of public safety services; Public Safety services will consistently be evaluated as "good" or better by customer surveys conducted by the City on a periodic basis; Crime statistics will be actively monitored and reported and demonstrable improvements in all areas over time will be secured; Fire -EMS performance statistics will be monitored and reported to show level of service compared to established performance targets. 12 Human Services Foster a caring community that uses an equitable, regional and collaborative approach to encourage preventative measures, intervention services, and self - sufficiency while providing a social safety net for citizens Path to Results We will unite public and private institutions as a caring and compassionate community assisting individuals and families to achieve self- sufficiency and live healthy lives. We maintain a commitment of focusing on prevention and the provision of information and, where necessary and when appropriate, in the delivery of compassionate services grounded in fairness, equity, and accountability Prevention — We will invest the time, money and resources necessary to prevent poverty, promote self- sufficiency, promote positive youth development, and promote healthy and safe neighborhoods. Intervention — When appropriate and necessary, we will intervene in situations through early identification of need, using a holistic approach that involves the family and support the deinstitutionalization of individuals — integrating citizens back into society. Caring Community — Through direct involvement with those impacted we will foster positive relationships and empower them to succeed to the best of their abilities and circumstances. 13 Accessibility to Services — We will ensure those who live in our community are aware of the resources available to them and will ensure our services are delivered in an efficient and effective manner. Indicators We will determine success by: Demonstrated compliance with all applicable laws and regulations that govern the delivery of health and human services; Human services will consistently be evaluated as "good" or better by customer surveys conducted by the City on a periodic basis, Improved demographic and socio- economic trends such as rates of poverty, number of homeless, service recipients, deaths due to overdose, etc. 14 Infrastructure Maintain and build quality infrastructure that supports healthy residential neighborhoods, successful commercial areas, and accessible public facilities and amenities Path to Results We will work to ensure the facilities, equipment, materials, and services that are necessary to ensure the communication, mobility, life- safety, recreation, and basic needs of our individuals, families, businesses, and visitors are provided and maintained in a manner that contributes positively to safety, livability, and economic advancement Environment — We will work locally and regionally to ensure the quality and sustainability of our natural resources and features with a particular emphasis on clean air and clean water. Buildings, Parks and Greenways — We will work locally and regionally to deliver buildings, parks and greenways that are functional, accessible, and sustainable, and that can be operated in an efficient manner. Transportation — We will ensure our transportation network enables a full -range of mobility options that are delivered, maintained and operated in an efficient manner. Equipment and Vehicles — We will ensure that the equipment and vehicles we use to deliver our services are safe, well- maintained, procured and operated in an efficient manner. Technology — We will ensure that the technology we use to deliver services and to communicate to and engage with our community is functional and reliable, and is procured and operated in an efficient manner supporting businesses processes and community needs. 15 Indicators We will determine success by: Demonstrated compliance with all applicable laws and regulations that govern infrastructure assets and natural features; Infrastructure - related items /services will consistently be evaluated as "good" or better by customer surveys conducted by the City on a periodic basis, Accreditation by recognized national or regional organizations will be secured and maintained by select departments /divisions engaged in delivery of infrastructure services. 16 Good Government Provide exceptional and competitive government services that are collaborative, transparent, responsive, and innovative Path to Results We will, on behalf of our citizens, provide top - quality services and programs that are cost - competitive and responsive, efficient, collaborative, and transparent. We will build a culture around honesty, respect, responsibility, teamwork, diversity and inclusion that address the challenges and opportunities of the 21s' Century Effective Leadership —Through collaborative and visionary leadership, we will set clear direction and high expectations for Roanoke based upon Council priorities. We will emphasize strategic vision, responsiveness, results, accountability, and adherence to clear values in the delivery of our services. High- Performing Employees — Our employees understand how their actions contribute to the City's vision and strategies and are committed and motivated emotionally and intellectually, to provide their best service. Our organization provides the clear direction, resources, and opportunities for our employees to excel in what they do. Efficient and Effective Operations —We acknowledge we are stewards of the public's resources and therefore seek to deliver community services in a cost - competitive manner, requiring the least amount of time and effort necessary. We will seek partnerships, relentlessly and continuously pursue service improvements and efficiencies, and strive to implement best practices on behalf of our community. 17 Responsible Financial Management — We will ensure sound management of revenues, expenditures and assets, in a strategic, coordinated and deliberate manner aligned with generally accepted and best practices, Council priorities, and the needs of the community. Valued, Engaged & Informed Community — We believe a successful City values an active and engaged citizenry in the conduct of its government. We will ensure community members are informed and offered opportunities for engagement as policies and actions are formulated and services are delivered. Indicators We will determine success by: Demonstrated compliance with all applicable laws, regulations, and policies that govern financial management; Overall City governance will consistently be evaluated as "good" or better by customer surveys conducted by the City on a periodic basis; Recognition by national or regional organizations secured and maintained for application of innovative approaches and best practices; Improved employee satisfaction and retention /advancement; Increased utilization of engagement opportunities by residents and businesses. All- America City Hall of Fame Aw Prrse»ted br 18 Livability Enhance Roanoke's exceptional vitality as an attractive, diverse, culturally inclusive, vibrant and active city in which to live, learn, work and play Path to Results We will collaborate with others in our region to ensure Roanoke retains a quality social, built and natural environment making it a vibrant place to live, learn, work, play and visit. We will ensure Roanoke remains a desirable place to invest in, whether as a homeowner, business owner, client, or tourist Attractive Community — Together with the community, we will work to foster pride in home and business ownership working to ensure our neighborhoods, business corridors, and districts remain safe, clean, diverse, and attractive, and encouraging continued pride and investment. Accessible and Inclusive Community - We will ensure that public transportation, bicycle facilities, and pedestrian ways are convenient and safe, and provide mobility options and ease of connection between our neighborhoods, with our public spaces and throughout the region. Quality Amenities — We will collaborate with others to provide activities, facilities, and exhibits that encourage active living and foster cultural awareness. We will ensure the protection of unique community assets and natural resources found within our City. 19 Indicators We will determine success by: City's desirability as a place to live, operate a business, or visit will consistently be evaluated as "good" or better by customer surveys conducted by the City on a periodic basis; Recognition by national or regional organizations, secured and maintained for application of innovative approaches and best practices; Increases in population, number of visitors, home ownership, home value, and participation in events. 20 Economy Cultivate a thriving business environment and innovative workforce opportunities to ensure the prosperity of our community, recognizing our role in both the regional and global economies Path to Results We will collaborate with others in the region and State to ensure the continued economic vitality of Roanoke and its place as the region's center of economic activity. We will emphasize the development of individuals' skills and abilities, development of unique economic assets, the promotion of economic assets that afford us a competitive advantage and the development of business opportunities Workforce Development — Together with others in the community, we will ensure our workforce is prepared to productively contribute to the local economy and better the lives of themselves and their families. We will seek to attract and retain talent, expand employment opportunities, raise awareness of job and business opportunities, and attract higher -wage opportunities to Roanoke. Asset Development — Together with others in the community, we will build upon existing natural, cultural, structural, and leadership strengths creating an economic environment that capitalizes upon our uniqueness and creates opportunity for the generation of wealth — personal, business, and community. Business Development — We will collaborate with others throughout the region to make Roanoke as attractive as possible for investment by individuals and businesses by ensuring regulatory and business processes are responsive, regional partnerships are fully embraced, business incentives are used strategically and a responsible tax structure is maintained. We will 21 continue to ensure Roanoke remains a vibrant and attractive portion of Virginia's Blue Ridge for visitors and guests. Asset Promotion — We will collaborate with others throughout the region to curate and nurture an authentic and representative brand for Roanoke and the region, and will ensure access to trusted and reliable information about the benefits of living, visiting, and doing business in Roanoke. Economic Inclusion —We will remove barriers and pursue opportunities to ensure all individuals, families and businesses in our community have equitable opportunities for economic success. Indicators We will determine success by: Increases in tax revenue, number of jobs, occupancy rates, number of visitors, and decreases in poverty and unemployment rates. 22 Organizational Response The City Government will respond to each of the priorities, take action and deliver services aligned with the following core values: Integrity and Honesty Diversity and Inclusion Respect for Others Listening and Communication Continuous Improvement Accountability Organizational Framework Pursue long -term, high- impact regional change — make the Roanoke region the premier place to locate, stay and visit Build strength from within — enable the success of residents, families, and businesses regardless of their physical location within the City Strategies Prioritize — Focus time, money, and attention Take Strategic Action — everything should progress toward objectives Seek and Enhance Collaborative Partnerships —we cannot and should not do this alone Innovate — Encourage new ideas, new approaches and new partners Empower Organization —free up talent, time, money, and resources As an organization, we will do this within a culture where all employees are leaders oriented toward results and positive outcomes, where organization and community assets meet or exceed recognized standards and where the services provided are recognized as "best in class." As departments, we take action and deliver our services guided by our Departmental Service Plans and secure the necessary resources by budgeting for the intended outcomes. As individuals, we perform in accordance with our personal development and operational goals established annually. 23 24 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2020. No. 41673 - 021820. AN ORDINANCE to appropriate funding from federal and Commonwealth grants for various educational programs, amending and reordaining certain sections of the 2019 -2020 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 2019 -2020 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Benefits Benefits — Parental Involvement Materials & Supplies Testing /Evaluations Teacher Stipends Social Security Professional Ser William Fleming Professional Ser Patrick Henry Revenues Federal Grant Receipts State Grant Receipts State Grant Receipts State Grant Receipts 302 - 110 - 0000 - 0000 -132N- 61100 - 42204 -3 -01 302 - 110 -PINY- 0000 -132N- 61100 - 42204 -3 -01 302 - 110 - 0000 - 0000 -132N- 61100 - 46613 -2 -01 302- 110 -0000- 1400 -316P- 61100 - 45584 -9 -09 302 - 110 - 0000 - 1000 -318P- 61100 - 41129 -9 -01 302 - 110 - 0000 - 1000 -318P- 61100 -42201 -9 -01 302 -110- 0000 - 0390 -321N- 61210 -43381 -3 -00 302 - 110 - 0000 - 0400 -321N- 61210 -43381 -3 -00 $ 1,479 15 1 3,000 2,787 213 507 508 302 - 000,- 0000 - 0000 - 132N - 00000 - 38010 - 0 - 00 $ 1,495 302 - 000 - 0000 - 0000 - 316P - 00000 - 32220 - 0 - 00 3,000 302 - 000 - 0000 - 0000 - 318P - 00000 - 32467 - 0 - 00 3,000 302 - 000 - 0000 - 0000 - 321 N - 00000 - 32462 - 0 - 00 1,015 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: oz"�— J-- 'At City Clerk. ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. School Board Revised Appropriations Additional Award Title I, Part A, Improving Basic Programs 2018 -19 $1,495.37 State Operated Programs: Juvenile Detention Home and Child Development Clinics 2019 -20 $3,000.00 On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. oulton Clerk pc: Dan Callaghan Rita D. Bishop Bob Cowell Kathleen Jackson Amelia Merchant Holh Salyers (w /details) Mark K. Cathey www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 Mark K. Cathey February 18, 2020 Chairman Lutheria H. Smith Vice Chairman The Honorable Sherman P. Lea, Sr., Mayor and Members of Roanoke City Council William B. Hopkins, Elizabeth C. S. Jamison Roanoke, VA 24011 Laura D. Rottenborn Dear Mayor Lea and Members of Council: Joyce W. Watkins Dick Willis As a result of official School Board action on Tuesday, February 11, Dr. Rita D. Bishop 2020, the Board respectfully requests that City Council approve the Superintendent following appropriation requests: Cindy H. Poulton New Appropriation Award Career Switcher Mentoring Program 2019 -20 $3,000.00 GEAR UP Virginia - Tutor.com 2018 -19 $1,015.70 Revised Appropriations Additional Award Title I, Part A, Improving Basic Programs 2018 -19 $1,495.37 State Operated Programs: Juvenile Detention Home and Child Development Clinics 2019 -20 $3,000.00 On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. oulton Clerk pc: Dan Callaghan Rita D. Bishop Bob Cowell Kathleen Jackson Amelia Merchant Holh Salyers (w /details) Mark K. Cathey www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 18, 2020 Subject: School Board Appropriation Request Background: As a result of official Roanoke City School Board action at its February 11 , 2020 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2019 -20 Career Switcher Mentoring Program State grant provides $3,000 to enable the School Division to provide a teacher mentor for each new teacher. The grant period will end June 30, 2020. The 2018-19 GEAR UP Virginia - Tutor.com Program State grant award of $1,015.70 provides assistance for students who are experiencing academic difficulty, with the goal of increasing the number of students graduating from high school with an Advanced Diploma. The program will be reimbursed by State funds. The 2019 -20 State Operated Programs: Juvenile Detention Home and Child Development Clinics revised appropriation of $3,000. The program will be fully reimbursed by State funds and will end March 31, 2020. The 2018-19 Title I, Part A, Improving Basic Programs revised appropriation of $1,495.37 provides federal assistance to Roanoke City Public Schools for schools with high numbers or percentages of children from low- income families to help ensure that all children meet challenging academic content and achievement standards. The grant period will end September 30, 2020. This is a continuing program. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. F-14,Robert S. Cowell, r. City Manager Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Dan Lyons, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Director of Finance A, k�� IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2020. No. 41674- 021820. A RESOLUTION approving the Amended and Restated By -Laws and Rules of Procedure of Roanoke Neighborhood Advocates and establishing an effective date. WHEREAS, City Council adopted Resolution No. 41545- 090319 on September 3, 2019 to amend and restate the objectives, duties and responsibilities of Roanoke Neighborhood Advocates (RNA); WHEREAS, City Council adopted Resolution No. 41642 - 121619 on December 16, 2019 to amend Resolution No. 41545- 090319 and require RNA to submit bylaws for the operation and administration of the RNA to City Council for approval by February 28, 2020; and WHEREAS, the RNA has adopted Amended and Restated By -Laws and Rules of Procedure (Amended By -Laws) at its meeting on February 12, 2020 and presents the Amended By -Laws to City Council for approval. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council approves the Amended By -Laws of the RNA as presented to City Council. 2. This resolution shall be effective upon its passage. ATTEST: A 2 � C. �!GGG�� vim• y City Clerk. ROANOKE NEIGHBORHOOD ADVOCATES CITY OF ROANOKE AMENDED AND RESTATED BY -LAWS AND RULES OF PROCEDURE I. Purpose The following by -laws and rules of procedure are adopted by the Roanoke Neighborhood Advocates ( "RNA ") to facilitate the performance of its duties and the exercise of its powers as set forth in Roanoke City Council Resolution No. 41545 - 090319, adopted September 3, 2019, and as amended by City Council Resolution No. 41642- 121619, adopted December 16, 2019. II. Members, Officers and Duties A. General. The RNA shall consist of nine (9) members, five (5) of which shall be appointed by City Council. The five (5) Council- appointed members shall select four (4) additional members. City Council shall appoint persons to fill vacancies, reappoint members, or appoint successors for any of the five (5) members initially appointed by City Council; and (ii) all current members of the RNA shall appoint persons to fill vacancies, reappoint members, or appoint successors for any of the remaining four (4) members initially appointed by the City Council appointed members. The initial terms of the members of the RNA shall be as follows: (i) Three (3) of the Council appointed members shall serve for three (3) years; (ii)Two (2) of the Council appointed members shall serve for two (2) years; (iii) Two (2) of the members appointed by the Council appointed members shall serve for three (3) years; and (iv) Two (2) of the members appointed by the Council appointed members shall serve for two (2) years. Upon completion of each initial term, each such term shall be for periods of three (3) years, subject to the limitations on consecutive terms set forth in the City Code. The initial terms shall commence effective October 1, 2019. B. Chair. The RNA shall elect a Chair by majority vote from among its members. The term of the Chair shall be for one (1) year beginning as of the first meeting in July of each year and ending as of the following June 30, or until a successor is elected, and the Chair shall be eligible for re- election. The Chair shall preside at meetings of the RNA, decide all matters of order and procedure, subject to the rules and by -laws of the RNA, unless directed otherwise by a majority of the RNA in session at the time, and in the case of petitions brought before the full RNA, the Chair shall execute all rulings issued on behalf of the full RNA. In the event the Chair resigns or is removed from office, the Vice -Chair shall become the Chair for the remainder of the Chair's term. Page I of 6 C. Vice - Chair. A Vice -Chair shall be elected by the RNA from among its members in the same manner as the Chair. The term of the Vice -Chair shall be for one (1) year beginning as of the first meeting in July of each year, and ending as of the following June 30 or until a successor is elected, and the Vice -Chair shall be eligible for re- election. The Vice -Chair shall act for the Chair in the Chair's absence. In the event the Chair is not available to execute any rulings issued on behalf of the full RNA pertaining to matters decided by the RNA and presided over by the Chair, the Vice -Chair may execute the same if the Vice -Chair was present at the RNA's meeting at which such matters were decided. In the event that the Vice -Chair becomes Chair, resigns, or is removed, the RNA shall hold a special election to select a new Vice -Chair for the remainder of the Vice - Chair's term. D. Secretary. A Secretary shall be elected by the RNA from among its members in the same manner as the Chair. The term of the Secretary shall be for one (1) year beginning as of the first day of July of each year, and ending as of the following June 30 or until a successor is elected, and the Secretary shall be eligible for re- election. The Secretary, subject to the direction of the Chair and the RNA, shall keep all records, serve notice to all members of all meetings, prepare an agenda for such meetings, conduct all correspondence of the RNA, and generally supervise the clerical work of the RNA. The Secretary shall keep the minutes of each meeting of the RNA and file them with the City Clerk. These minutes shall show the record of all important facts pertaining to every meeting, every decision acted upon by the RNA, and the total vote for or against any resolution or other matter, indicating the names of members absent or failing to vote. The Secretary shall record all rulings issued by the RNA. The Secretary shall notify the City Clerk promptly if any vacancy occurs in the membership of the RNA. In the event that the Secretary resigns or is removed from office, the RNA shall hold a special election to select a new Secretary for the remainder of the Secretary's term. II. Meetings A. Regular Meetings. Unless otherwise notified, regular meetings of the RNA shall be held on the second Wednesday of each month at 5:30 p.m. in the official meeting room designated by the RNA, provided that upon a decision of the RNA, an adjourned meeting may be held at any other place in the City. The Chair may cancel a regular meeting with a majority vote of the existing membership. The annual meeting for the election of officers of the RNA shall be held at the regular meeting in the month of December each year, or as soon thereafter as is possible. B. Attendance. Members absent from three (3) regular meetings within a twelve (12) month period may be considered for removal from the RNA. Upon a three - fourths affirmative vote of the entire RNA membership a recommendation to City Council may be made to remove the member. C. Special Meetings. Special meetings of the RNA may be called at any time by the Chair by written notice given personally to each member or left at their place of residence not less than twenty -four (24) hours prior to the time fixed for the Page 2 of 6 meeting. If all members of the RNA are present at the special meeting, then the requirements as to prior notice shall be deemed to be waived. D. Quorum and Vote. One -half (1/2) plus one member of the total RNA membership shall constitute a quorum, and no action of the RNA shall be valid unless authorized by a majority of those present and eligible to vote, except with regard to amendments to these By -laws as set forth in Article VIII hereof. A tie vote is to be construed as a denial of the requested action. No member's vote on any matter may be cast by proxy. E. Conduct of Meetings. All meetings shall be open to the public; provided, however, that closed meetings may be held in compliance with the Virginia Freedom of Information Act. The order of business at regular meetings shall be as follows: a. Roll Call b. Reading and Approval Of Minutes c. Reports Of Officers and Standing Committees d. Reports Of Special (Select or Ad Hoc) Committees e. Special Orders f. Unfinished Business and General Orders g. New Business h. Open Forum i. Announcements j. Program k. Adjournment III. General responsibilities of the Board The RNA board shall assume and perform the following duties and responsibilities: A. Create, develop, implement, and maintain a strategic business plan that directs the activities of the RNA to develop grow, and promote the neighborhoods of Roanoke, and review, amend, modify, or adjust such business plan on an annual basis. Review of the strategic business plan shall be conducted during the fourth (4th) quarter of each calendar year and all recommendations for amendments and modifications shall be considered by the Board at its meeting in December of each year. B. Advise City Council and City administration annually concerning existing and proposed public policies affecting the vitality of neighborhoods and neighborhood -based organizations. The Board shall provide such advice to City Council by the second session of Council in each December. C. Inform neighborhood -based organizations and the public of existing and proposed public policies and activities that support neighborhoods and neighborhood -based organizations. Page 3 of 6 D. Advise and counsel neighborhood -based organizations in establishing, developing, and expanding their organization, administrative, and advocacy capacities in the promotion of their neighborhoods. E Oversee the administration of the Neighborhood Grant Program, including the creation, establishment, and implementation of criteria and qualifications for the award of funds under the Neighborhood Grant Program. F. Assist and collaborate with the Neighborhood Services Coordinator for the City in the outreach and support to neighborhoods and neighborhood - based organizations by serving as a liaison to neighborhood groups and providing comments and recommendations regarding needs, events, and activities in neighborhoods. G. Collaborate with the Neighborhood Services Coordinator and City Council to facilitate the Neighborhood Partnership Awards Program to recognize and honor the outstanding contributions and accomplishments achieved by neighborhood organizations and civic individuals for their commitment to improve their neighborhood and community. IV. Procedure for Submitting Advocacy Petitions to RNA A. Advocacy Petitions. Advocacy petitions are methods by which citizens or neighborhood groups can request the RNA to advocate on a particular issue on their behalf. Groups that want the RNA to help with a special issue in their neighborhood should request the RNA to advocate their issue in person during a regularly scheduled meeting, or through a RNA representative, or by completing an Advocacy Petition form, which must be signed by the officers of the organization and may be signed by other interested parties. The Advocacy Petition form should be submitted to the RNA Secretary at least ten (10) calendar days prior to the next regular meeting of the RNA. B. Content of Petitions. Advocacy petitions must discuss the issue in sufficient detail to inform the RNA of the nature of such request, including information from the opposing side of the issue. The petition must be accompanied by a copy of the minutes taken at the neighborhood organization's meeting where the issue was discussed and RNA advocacy sought. The petitioner also should have a representative designated to attend the meeting to answer questions regarding the petition, but not to give a presentation. C. The Secretary shall provide any additional background on the petition issue available from non - neighborhood sources. Page 4 of 6 V. Consideration of Advocacy Petitions A. Order of Business: An Advocacy petition will be distributed with RNA meeting notices so that RNA members are prepared to discuss the petition during the meeting. 2. The petitioner should have a representative at the RNA meeting to answer questions, but not to make a presentation. 3. The RNA shall vote and announce its decision to support or not consider the petition, or to ask for more information before making a decision, within seven (7) days following the meeting at which the petition is presented. 4. A member of the RNA may not vote on a petition which he or she files for consideration by the RNA. 5. Procedures may be modified by the Chair with the concurrence of a majority of the RNA. B. Findings. All decisions of the RNA shall be supported by appropriate findings of fact and based on the premise of strengthening neighborhoods. C. Disapproval and Rehearing. If case of disapproval of an advocacy petition, the RNA shall briefly state its reasons in writing. And it may make recommendations to the petitioner with respect to the appropriateness of the advocacy involved. In case of disapproval accompanied by recommendations, the petitioner may again be heard before the RNA, if within ninety (90) days, the petitioner files an amended petition that addresses the recommendations of the RNA. VI. Advocacy Protocol A. All RNA decisions to advocate shall be subject to the RNA's established rules and procedures. B. All decisions to advocate an issue on behalf of a petitioner shall become the official policy of the RNA and may not be changed except by a three - fourths affirmative vote of the entire RNA membership. VII. Parliamentary Authority The rules contained in the latest revised edition of Robert's Rules of Order shall govern the RNA in all cases in which they are applicable and in which they are not inconsistent with the by -laws and rules of procedure of the RNA. Page 5 of 6 VIII. Amendments These rules may, within the limits allowed by law, be amended at any time by an affirmative vote of not less than five (5) members of the total RNA membership. Any proposed amendment to the by -laws will be presented, in writing, at a regular meeting of the RNA and be acted upon at the next regular meeting of the RNA. A copy of all amendments approved by the RNA shall be presented to City Council for review and approval at City Council's next regular meeting following such approval by the RNA. Chair Secretary Original Adoption: February 2004 Amended: October 2004 Amended: March 2005 Amended: February 2007 Amended: April 28, 2008 Amended: August 22, 2011 Amended: October 9, 2013 Amended: July 9, 2014 Page 6 of 6 Date Date Amended: August 13, 2014 Amended and Restated: February 12, 2020, and approved by City Council on February 18, 2020 CECELIA F. 11CCOY, CiNIC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(t roanokeva.gov February 19, 2020 Dave D. Jones, Managing Member Franklin Road, LLC P. O. Box 2132 Roanoke, Virginia 24009 Dear Mr. Jones: CECELIA T. WEBS, CYIC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 41675- 021820 permanently vacating, discontinuing and closing a public right -of -way in the City of Roanoke between and parallel to Franklin Road, S. W., and Luck Avenue, S. W., and adjacent to 117 Franklin Road, S. W., as more particularly described hereinafter. Paragraph 8 states that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right -of -way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right -of -way, including the right of ingress and egress. The final plat shall create an easement for existing and /or future stormwater systems and establish a cross - easement among the adjacent properties and maintain that area to meet requirements for egress. Furthermore, Paragraph 9 states that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of twenty - three thousand three hundred sixty -eight dollars ($23,368.00) or offset the valuation with improvements made within the public right of way that are approved by the Agent for the Planning Commission as consideration pursuant to Section 15.2 -2008, Code of Virginia (1950), as amended, for the vacated right -of -way. The applicant shall, upon a certified copy of Ordinance No. 41675- 021820 being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. Dave D. Jones February 19, 2020 Page 2 Lastly, if all of the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance will be null and void with no further action by City Council being necessary, unless extended by the Agent for the Planning Commission for an additional six (6) months prior to the end of the one year period. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 2020, and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure pc: Trustees of Greene Memorial United Methodist, 402 2nd Street, S. W., Roanoke, Virginia 24011 120 Luck LLC, c/o Bill Chapman, Managing Partner, 415 Oliver Hill Way, Suite100, Richmond, Virginia 23226 Challenge, LLC, 26 Church Avenue, S. W., Roanoke, Virginia 24011 Appalachian Power Company, P. 0. Box 16428, Columbus, Ohio 43216 The Honorable Brenda Hamilton, Circuit Court Clerk Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building and Development Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Ian D. Shaw, Planning Commission Agent Tina Carr, Secretary, City Planning Commission Susan Lower, Director of Real Estate Evaluation Luke Pugh, City Engineer Katharine Gray, City Planner PUBLIC RIGHT OF WAY LOCATED ADJACENT TO OFFICIAL TAX MAP NOS. 1012613, 1012606 PROPERTY OWNER: CITY OF ROANOKE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2020. No. 41675- 021820. AN ORDINANCE permanently vacating, discontinuing and closing a public right -of -way in the City of Roanoke between and parallel to Franklin Road, SW, and Luck Avenue, SW, and adjacent to 117 Franklin Road, SW, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Dave D. Jones, on behalf of Franklin Road, LLC, filed an application with the Council of the City of Roanoke, Virginia ( "City Council "), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right -of -way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on February 18, 2020, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right -of -way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right -of -way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right -of -way situated in the City of Roanoke, Virginia, and more particularly described as follows: an alley running north from Franklin Road, SW, towards Luck Avenue, SW, adjacent to property located at 117 Franklin Road, SW, bearing Official Tax Map No. 1012613, and extending north to the southwest corner of 120 Luck Avenue SW, bearing Official Tax Map No. 1012606, and to include the portion of the alley running parallel to Franklin Road SW and Luck Avenue SW, continuing east from its intersection with the aforementioned alley to the southeast corner of the building on 120 Luck Avenue, SW. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the right -of -way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas, telephone service, or stormwater, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, stormwater facilities, and related facilities that may now be located in or across such public right -of -way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such 2 work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above - described public right -of -way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right -of -way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right -of -way, including the right of ingress and egress. The final plat shall create an easement for existing and /or future stormwater systems and establish a cross - easement among the adjacent properties and maintain that area to meet requirements for egress. BE IT FURTHER ORDAINED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall either give to the Treasurer for the City of Roanoke a certified check or cash in the amount of twenty -three thousand three hundred sixty -eight dollars ($23,368) or offset the valuation with improvements made within the public right of way that are approved by the Agent for the Planning Commission as consideration pursuant to § 15.2 -2008, Code of Virginia (1950), as amended, for the vacated right -of -way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where 3 deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance will be null and void with no further action by City Council being necessary, unless extended by the Agent for the Planning Commission for an additional six (6) months prior to the end of the one year period. BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: C J. ynw*�, City Clerk. Vacate right of way with money - Franklin and Luck 2.18.20.doc 4 CITY COUNCIL AGENDA REPORT a - To: Honorable Mayor and Members of City Council Meeting: February 18, 2020 Subject: Application by Franklin Road, LLC, to vacate an alley running north from Franklin Road SW towards Luck Avenue SW, adjacent to property located at 1 1 7 Franklin Road SW, Official Tax Map No. 1012613, and extending north to the southwest corner of 120 Luck Avenue SW, Official Tax Map No. 101 2606, and to include the portion of the alley running parallel to Franklin Road SW and Luck Avenue SW, continuing east from its intersection with the aforementioned alley to the southeast corner of the building on 120 Luck Avenue SW. Recommendation The Planning Commission held a public hearing on Monday, February 10, 2020. By a vote of 6 -0, with Commissioner Katz absent, the Commission recommended approval of the vacation of right -of -way as requested, contingent upon the following conditions: The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right -of -way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right -of -way, including the right of ingress and egress. The final plat shall create an easement for existing and /or future stormwater systems and establish a cross - easement among the adjacent properties and maintain that area to meet requirements for egress. 2. Prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall, as consideration pursuant to §15.2-2008, Code of Virginia (1950), as amended, for the vacated right -of -way, either give to the Treasurer for the City of Roanoke a certified check or cash in the amount of $23,368 or offset the valuation with improvements made within the public right of way that are approved by the Agent for the Planning Commission. 3. Upon meeting all conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 4. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 5. If the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance will be null and void with no further action by City Council being necessary, unless extended by the Agent for the Planning Commission for an additional six (6) months prior to the end of the twelve (1 2) month period. Application Information: Request: Vacation of two adjoining alleys adjacent to 1 1 7 Franklin Avenue SW Applicant: Franklin Road, LLC City Staff Person: Wayne Leftwich, Senior City Planner Official Tax Nos.: Two adjoining alleys that run from Franklin Road SW toward Luck Avenue SW and upon intersection turns toward 1 st Street SW Site Area: —1 ,750 square feet Relevant Plans: Downtown Roanoke 2017 Filing Date: Original Application: November 25, 2019 Amended Application No. 1: December 6, 2019 Background: The former junior Lunch Restaurant building located at 117 Franklin Road is being renovated and transformed into a mixed -use development. The property has been left vacant for many years and has fallen into disrepair with a severely dilapidated roof. The property is being restored to keep its historical character with a proposal to transform the property into a mixed -use building with a small commercial storefront and several apartments. 2 Proposed Use /Development: The developer would like to gain control of the alley to provide a safer environment for the future tenants by eliminating vehicular traffic and loitering while providing lighting and maintenance of the outdoor space. Both alleys proposed for vacation provide no public connections as they terminate into private property (portions of the alleys that would have provided connections have already been vacated). The applicant would like to continue this pattern through vacation of the alleys as proposed. The alley to the west of the 117 Franklin Road building would become part of that property in its entirety. The alley running parallel to Franklin Road to the rear of 117 Franklin Road will be split with the adjacent property owners, with a portion split between 1 1 7 Franklin Road SW and 120 Luck Avenue SW, and the other portion divided among 105 Franklin Road SW and 120 Luck Avenue SW. See the attached Amended Application Graphic. The applicant proposes putting up a gate at the entrance of these alleys to make them pedestrian only and to limit access through the gates to tenants of the two buildings ( 1 20 Luck and 1 1 7 Franklin). The property at 120 Luck Avenue SW has also been recently redeveloped to include apartments and the closure of the alley to the general public would also be beneficial to that property owner. Considerations: Impact of Street Vacation to Public Accessibility: in the current condition, there are sections of the alley that are still open to the public, but do not provide access through to adjacent streets (to pass all the way from Franklin Road to Luck Avenue or First Street requires crossing private property as portions of the alleys have already been vacated). Vacation of the alleys will prevent any vehicular circulation through the alleys and will prevent pedestrian traffic not directly associated with the surrounding apartments. Consistency with Comprehensive Plan: Vision 2001 -2020 supports residential development in the Downtown and reuse of existing buildings for higher- density, mixed -use development. The vacation of the alleyways will support and provide room for the adaptive reuse of the junior Lunch Restaurant building. The Downtown Roanoke 2017 Plan encourages historic renovation and the filling of previously empty storefronts. The alley vacation will help the reuse of the building to better fit the need of apartment goers and provide safer outdoor areas for tenants. 91 Policy /Action I Plan I Applicability to matter NH Al 9. Develop economic incentives Comprehensive The vacation will facilitate to encourage residential development Plan', pg. 42 the adaptive reuse of the in the downtown. NH A20. Inventory vacant 1 1 7 Franklin building and market vacant lots and to include a commercial underutilized sites for higher- density, space and several mixed -use development. apartments. POLICY 1 -A: Encourage historic Downtown The adaptive reuse of the renovation and support the use of Roanoke 2017, Junior Lunch Building will historic tax credits. pg.13 strengthen its contributing status to the Roanoke Downtown Historic District. POLICY 2 -A: Work to fill vacant Downtown The mixed use development storefronts. Roanoke 2017, will create an active pg. 1 g storefront in a building that has long been vacant. Comments on Application: Public Utilities: Cox Cable approved the alley closure with no comments. Western Virginia Water Authority approved the vacation with condition that WVWA will retain a 20' easement along the existing 12" sewer line within the alley. Roanoke Gas approved the vacation commenting that there were no gas mains in area to be vacated. Stormwater approved with condition that legal wordage is included in closing documents to insure that area is reserved as an easement for existing and /or future stormwater systems. No comments were received from Verizon and Appalachian Power Company. City Departments: The Building Safety Division requested more information to determine exact distances from new property line /s to existing building and structures for conformance for required fire separation distances. The Fire Marshal's Office did not initially recommend approval of the request because there was no information on egress from either of the buildings to get to a safe haven per the fire code. Vision 2001 -2020 City of Roanoke, 2001 Z Downtown Roanoke 2017 City of Roanoke, 2017 Staff and the applicant have met with Building and Fire to make changes to the applicant's development plan to help address these issues. Further changes may need to be made when the applicant files the subdivision plat required as part of the vacation process or submits an application for a building permit. The applicant is aware of this situation. Planning Commission Work Session: The Planning Commission had discussions about making sure the rear alley wasn't left inaccessible if the side alley was vacated. The amended application addresses vacating the remaining alley sections in their entirety to avoid leaving an inaccessible portion of public right of way. Public Comments: Staff received one comment, ahead of the Planning Commission Public Hearing from, Jan Keister who resides at 817 Marshall Avenue SW: 1 walk through the alley at 117 Franklin Road SW Alley Vacation every day, and there are always other pedestrians and vehicles around. Having a walkable downtown is important, especially since more people now live downtown. Please do not close this alley. Note: Pedestrian connections are important. However, as noted above, there is no public connection between streets with the current alley system. Using the alley also requires crossing private property. Planning Commission Public Hearing: No comments. Conclusions and Recommendations: The adaptive reuse of the Junior Lunch Restaurant building at 1 1 7 Franklin Road SW will help restore a historic building while creating an active storefront and a mixed -use building with residential units contributing to the active population of our Downtown neighborhood. The vacation of the alleys will allow the applicant to provide a safer environment for the future tenants by eliminating vehicular traffic and loitering while providing lighting and maintenance of the outdoor space. Amended Application No. 1 is consistent with the City's Comprehensive Plan and the Downtown Roanoke 2017 Plan and would not create an inconvenience to residents and business owners in the area. 5 kwi,i 6. kwrti, --------------------------- Karri B. Atwood, Chair City Planning Commission Enclosure: Attachment A, Zoning District Map Distribution: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Dave D. Jones, Franklin Road, LLC ,w APPLICATION STREET OR ALLEY VACATION ROANOKE Date: To: Office of the City Clerk o Originalp►ppIdation Fourth Floor, Noel C. Taylor Municipal Building �gmenii8d Apptirahon 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853 -2541 Fax: (540) 853 -1145 All submittals must be typed and include all required documentation and a check for the filing fee. ennlira+ inn hc hprahv submitted for street or allev vacation for the property located at: Name of Applican Mailing Address: t/Contact •- / 0 '% i % �/, . Ll m/ ee �q3 -o% 00 Telephony Fa ( )� E-mail: ,V� Applicant(s) signature(s): J P. �i Franklin Road LLC P O Box 2132 Roanoke, VA 24009 September 26, 2019 City of Roanoke Planning, Building and Development Office Attn: Wayne Leftwich, Senior City Planner 215 Church Ave SW #166 Roanoke, VA 24011 RE: VACATE ALLEY BEHIND 117 FRANKLIN RD SW Dear Mr. Leftwich, I am writing to express my company's interest in acquiring the alley behind our building at 117 Franklin Rd SW. Our intention is to split the alley evenly with the owner of 120 Luck Ave SW. I am the Managing Member of Franklin Road LLC. The property at 117 Franklin Road is in the planning stages of renovation to potentially a mixed used building that would have exit(s) on the rear of the building into the alley. We want to eliminate vehicle traffic and loitering and provide lighting and maintenance for a safer, cleaner outdoor space. Should you have any questions, I can be reached at (540) 793 -0100. Kind reg3�ds, Ll/ Dave D Jones Managing Member ��i Greene Memor*la ill UNITED METHODIST CHURCH "Telling the Story of Jesus by Growing, Loving and Sharing with Others" 09/10/2019 City of Roanoke Planning, Building and Development Office Attn: Wayne Leftwich, Senior City Planner 215 Church Ave SW #166 Roanoke, VA 24011 RE: VACA'rE ALLEY BETWEEN 117 FRANKLIN ROAD AND 502 2ND STREET Dear Mr. Leftwich, I am writing on behalf of the ' Trustees of Greene ?Memorial United Methodist Church related to Franklin Road LLC's request to the City of Roanoke for vacating the alley between the Church's parking lot at 502 2nd Street and its building at 117 Franklin Road SW. A map is attached illustrating the subject area. Dave ones of Franklin Road, LLC has provided us preliminary plans for the improvements to the company's building. We understand that the only improvement proposed for the vacated alley will be the installation of new lighting sconces on the building fagade facing the vacated alley. We further understand that the alley will remain open to the Church at all times after its vacation. We do not object to his plan as long as the alley, once vacated, remains open and unobstructed, and the Church is given, by decd, a permanent easement for ingress and egress over the vacated alley for all purposes including the repair and/or replacement of the existing wall and fence located near the alley and the Church's adjoining parking lot. Should you have any questions, I can be reached at 1540) 224 -5112. Sincerely )L,e,4 N (.✓,t, Ov oseph B. Wright Chair, Board of Trustees 402 Second Street, SXV Roanoke, VA 24011 -1504 Tel: 540.344.6225 1 Fax: 540.342.3076 1 wwwgmumc.org 120 Luck LLC PO Box 8561 Richmond, VA 23226 (804) 405 -6789 November 22, 2019 City of Roanoke Planning, Building and Development Office Attention: Wayne Leftwich, Senior City Planner 215 Church Ave. SW #166 Roanoke, VA 24011 RE: VACATE ALLEY BEHIND 120 LUCK AVE SW Dear Mr. Leftwich: I am writing to express my company's support for 117 Franklin Road LLCs effort to acquire the alley to the west of its building at 117 Franklin Ave SW. A map is attached illustrating the subject area. Dave Jones, the Managing Member of 117 Franklin Road LLC has explained to me his company's intended use of the west alley adjacent to his building. We support his plan to eliminate vehicle traffic and loitering and to provide lighting and maintenance for a safer, cleaner outdoor space. Should you have any questions, i can be reached at (804) 405 -6789. Sincerely, Bill Chapman Managing Partner Attachment I SEA- r 40P .� and 2 I a LP kF el Alley, sep to - tud 11 �E CITY OF ROANOKE - PDB Attn Tina Carr 215 CHURCH AVE ROOM 166 ROANOKE, VA 24011 The Roanoke Times Account Number Roanoke, Virginia 6011439 Affidavit of Publication Date1 January 14, 2020 Date Category Description Ad Size Total Cost 01116/2020 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 101 L 991.12 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE An was published in said newspapers on the following dates: 12/31, 01/07/2020 The First insertion being given ... 12131/2019 Newspaper reference: 0001044111 Billing Representative` Sworn to and subscribed before me this Tuesday, January 14, 2020 ��L I � � 'v i� C ' Notary PublicKIribadyR.HArrW NOTARY PUBLIC State of Virginia Conyncnwsaith Of Virginia City/County of Roanoke Notary Registratwn µumber 356753 t;Ommisgion Fxpu9S lanuary 31 2021 My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any applications will be available for review in Planning, Building, & Development, first floor, Room 170, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold a public hearing on January 13, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters: Application by Hamlar Properties, LLC, to vacate two adjoining alleys that run from Fairfax Avenue NW to Moorman Avenue NW and from 10th Street NW to Fairfax Avenue NW. Application by Franklin Road, LLC, to vacate an alley running north from Franklin Road SW towards Luck Avenue SW, adjacent to property located at 117 Franklin Road SW, Official Tax Map No. 1012613, and extending north to the southwest corner of 120 Luck Avenue SW, Official Tax Map No. 1012606, and to include the portion of the alley running parallel to Franklin Road SW and Luck Avenue SW, continuing east from its intersection with the aforementioned alley to the southeast corner of the building on 120 Luck Avenue SW, Application by JE2 Investments, LLC, to vacate a portion of Gregory Avenue NE, north of 9011 Ith Street NE, Official Tax Map No. 3051106, and running between 11th Street NE and Cherokee Street NE. Application by Valley Funeral Home to rezone property located at 5005 Melrose Avenue NW, Official Tax Map No. 6110147, from CN, Commercial. Neighborhood District, and R.5, Residential Single-Family District, to CG, Commercial - General District, with conditions. The land use categories permitted in CG District include residential; accommodations and group living; commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory with no maximum density specified and a maximum floor area ratio of 5.0. The comprehensive plan designates the property for commercial use. The proposed use of the property is a funeral home. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid matters on January 21, 2020, at 7:00 p.m., or as soon thereafter as the matters may be heard, In the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Citizens are advised that the date on which these matters will be heard is a departure from the usual date on which such matters are heard by City Council. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853.2541 at least five days prior to the scheduled public hearings. Cecelia F. McCoy, CMC, Acting City Clerk (1044111) PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any applications will be available for review in Planning, Building, & Development, first floor, Room 170,215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold a public hearing on January 13, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters: Application by Hamlar Properties, LLC, to vacate two adjoining alleys that run from Fairfax Avenue NW to Moorman Avenue NW and from 10'h Street NW to Fairfax Avenue NW. Application by Franklin Road, LLC, to vacate an alley running north from Franklin Road SW towards Luck Avenue SW, adjacent to property located at 117 Franklin Road SW, Official Tax Map No. 1012613, and extending north to the southwest corner of 120 Luck Avenue SW, Official Tax Map No. 1012606, and to include the portion of the alley running parallel to Franklin Road SW and Luck Avenue SW, continuing east from its intersection with the aforementioned alley to the southeast corner of the building on 120 Luck Avenue SW. Application by JE2 Investments, LLC, to vacate a portion of Gregory Avenue NE, north of 901 11 th Street NE, Official Tax Map No. 3051106, and running between 11th Street NE and Cherokee Street NE. Application by Valley Funeral Home to rezone property located at 5005 Melrose Avenue NW, Official Tax Map No. 6110147, from CN, Commercial - Neighborhood District, and R -5, Residential Single - Family District, to CG, Commercial- General District, with conditions. The land use categories permitted in CG District include residential; accommodations and group living; commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory with no maximum density specified and a maximum floor area ratio of 5.0. The comprehensive plan designates the property for commercial use. The proposed use of the property is a funeral home. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid matters on January 21, 2020, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Citizens are advised that the date on which these matters will be heard is a departure from the usual date on which such matters are heard by City Council. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Cecelia F. McCoy, CMC, Acting City Clerk Please publish in newspaper on Tuesday, December 31, 2019, and Tuesday, January 7, 2020. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Planning Coordinator Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 540/853 -1730 tina.carrOroanokeva.gov Please send affidavit of publication to: Cecelia F. McCoy, Acting City Clerk City of Roanoke 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 CECELIA F. NICCON', CHIC Acting Cite Clerk Dave D. Jones Franklin Road, LLC P. O. Box 2132 Roanoke, Virginia 24009 Dear Mr. Jones: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(a xoanokeva.gov February 4, 2020 CECELIA T. NVEBB, CN1C Assistant Depute Cite Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, February 10 at 1:30 p.m. in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Franklin Road, LLC, to vacate an alley running north from Franklin Road, S. W. towards Luck Avenue, S. W., adjacent to property located at 117 Franklin Road, S. W., and extending north to the southwest corner of 120 Luck Avenue, S. W., and to include the portion of the alley running parallel to Franklin Road, S. W. and Luck Avenue, S. W., continuing east from its intersection with the aforementioned alley to the southeast corner of the building on 120 Luck Avenue, S. W. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Tuesday, February 18 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on Monday, February 10. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, ox4d� Cecelia F. McCoy, CMC Acting City Clerk Enclosure CECELIA F. NICCOY, CN1C Acting City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(q roanokcca.go% February 5, 2020 Trustees of Greene Memorial United Methodist 120 Luck, LLC Challenge, LLC Appalachian Power Company Ladies and Gentlemen: CECELIA T. NVEBB, CMC Assistant Deputy City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, February 10 at 1:30 p.m. in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding the request of Franklin Road, LLC, to vacate an alley running north from Franklin Road, S. W. towards Luck Avenue, S. W., adjacent to property located at 117 Franklin Road, S. W., and extending north to the southwest corner of 120 Luck Avenue, S. W., and to include the portion of the alley running parallel to Franklin Road, S. W. and Luck Avenue, S. W., continuing east from its intersection with the aforementioned alley to the southeast corner of the building on 120 Luck Avenue, S. W. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Tuesday, February 18 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on February 10. This letter is provided for your information as an interested party and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, �,�,CGQ. d7 • �%i2G C� Cecelia F. McCoy, CIVIC Acting City Clerk Enclosure CECELIA F. MCCOV, CNIC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerk(a roanokeva.gov February 19, 2020 Eric S. Sallee, Co -Owner Progress Street Builders, Inc. 200 Professional Park Drive Suite 6 Blacksburg, Virginia 24060 Dear Mr. Sallee: CECELIA T. WEBB, CR1C Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 41676- 021820 repealing Ordinance No. 36998- 032105, adopted March 21, 2005, to the extent that it placed certain conditions on properties located at 3833 and 3837 Colonial Green Circle, S. W., bearing Official Tax Map Nos. 1570137 and 1570136, respectively, and to amend the applicable Planned Unit Development Plan pertaining to the aforementioned properties. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 2020, and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure pc: Progress Street Builders, Inc., Post Office Box 985, Blacksburg, Virginia 24063 Lisa Karen Bazzarre, 3845 Colonial Green Circle, S. W., Roanoke, Virginia 24015 PSBI LC, Post Office Box 515, Blacksburg, Virginia 24063 Leigh H. Schaben, 3857 Colonial Green Circle, S. W., Unit D, Roanoke, Virginia 24018 L & P Mclennan Limited Partnership, 75 Brookwood Circle, S. W., Roanoke, Virginia 24019 Timothy N. Klein, 6830 N. Osceola Avenue, Chicago, Illinois 60631 Catamount Properties, LLC, 2904 Ashlawn Drive, Blacksburg, Virginia 24060 Eric S. Sallee February 19, 2020 Page 2 Susan N. Newton, 3881 Colonial Green Circle, Unit K, Roanoke, Virginia 24015 Steven J. Cronemeyer, 3606 Colonial Green Circle, S. W., Roanoke, Virginia 24018 Colonial Green Homeowners Association, Post Office Box 515, Blacksburg, Virginia 24063 The Honorable Brenda Hamilton, Circuit Court Clerk Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager for Community Development Christopher Chittum, Director, Planning Building & Development Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Ian D. Shaw, Planning Commission Agent Tina Carr, Secretary, City Planning Commission Susan Lower, Director of Real Estate Evaluation Luke Pugh, City Engineer Katharine Gray, City Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2020. No. 41676 - 021820. AN ORDINANCE repealing Ordinance No. 36998 - 032105, adopted March 21, 2005, to the extent that it placed certain conditions on properties located at 3833 and 3837 Colonial Green Circle, S.W., bearing Official Tax Map Nos. 1570137 and 1570136, respectively; and to amend the applicable Planned Unit Development Plan pertaining to the aforementioned properties; and dispensing with the second reading of this Ordinance by title. WHEREAS, Eric S. Sallee, on behalf of Progress Street Builders, Inc., has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to repeal Ordinance No. 36998 - 032105, adopted March 21, 2005, to the extent that it placed certain conditions on properties located at 3833 and 3837 Colonial Green Circle, S.W., bearing Official Tax Map Nos. 1570137 and 1570136, respectively; and to amend the Planned Unit Development Plan pertaining to such properties; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on February 18, 2020, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the amendment of the Planned Unit Development Plan as described herein; and WHEREAS, City Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the actions sought and described in this ordinance and the Zoning Amendment, Original Application, dated December 30, 2019, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 36998 - 032105, adopted March 21, 2005, to the extent that it placed certain conditions on properties located at 3833 and 3837 Colonial Green Circle, S.W., bearing Official Tax Map Nos. 1570137 and 1570136, respectively, is hereby REPEALED as set forth in the Zoning Amendment, Original Application, dated December 30, 2019, and that §36.2- 100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, is hereby AMENDED to reflect the amendment of the Planned Unit Development Plan, as it pertains to the parcels bearing Official Tax Map Nos. 1570137 and 1570136, located at 3833 and 3837 Colonial Green Circle, S.W., respectively, as set forth in the Zoning Amendment, Original Application, dated December 30, 2019. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: 06e.t.of-4 #.-I Me, 17 City Clerk Repeal proffer & Amend PUD - Colonial Green.doc 2 og RQ,9� ~1� CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 18, 2020 Subject: Application by Progress Street Builders, Inc., to amend the planned unit development plan and repeal certain conditions proffered as part of a previous rezoning for property located at 3833 and 3837 Colonial Green Circle, Official Tax Map Nos. 1570137 and 1570136, respectively. Summary: The Planning Commission held a public hearing on February 10, 2020. By a vote of 6 -0, with Commissioner Katz absent, the Commission recommends approval of the rezoning request, finding that the Original Application is consistent with the City's Comprehensive Plan, Franklin Road /Colonial Avenue Area Plan, and Zoning Ordinance as the subject property will be developed and used in a manner appropriate to the surrounding area. Application Information: Request: Amending Planned Unit Development Plan Repealing Proffered Conditions Applicant: See owner listed below. Owner: Eric S. Sallee, Progress Street Builders, Inc. Agent: None City Staff Person: Katharine Gray, Land Use and Urban Design Planner Address: 3833 and 3837 Colonial Green Circle Official Tax Nos.: 1570137 and 1570136 Site Area: 0.149 acre Relevant Plans: Franklin Road /Colonial Avenue Area Plan Proposed Land Use: Dwelling, townhouse or rowhouse Future Land Use: Mixed Residential Filing Date: Original Application: December 30, 2019 Background: Colonial Green is a mixed -use development proposed to have 230 dwelling units with a potential of 14,000 square feet of commercial space upon completion. The initial proposed housing mix included approximately 28 single - family detached dwellings, 60 townhouse units, and 130 multifamily units. The commercial space was to be limited to the buildings located along the Colonial Avenue frontage. Originally approved in March 2005, the plan has been amended several times in response to changing market conditions. To date, five single - family detached dwellings, eight single - family attached dwellings, and 39 townhouse /rowhouse dwellings have been constructed and occupied. A commercial building is currently under construction along the Colonial Avenue frontage. The development plan indicates a specific arrangement and number of dwelling types. The applicant proposes to build three town house /rowhouse units on two properties where two single - family attached units were indicated by the plan. The single - family attached form is a building with two units separated vertically, with each unit occupying its own lot. It is essentially a townhouse with only two units. The same arrangement becomes a "townhouse /rowhouse" unit when there are three or more attached units. Proposed Use /Development: The proposed use is classified in the zoning ordinance as a dwelling, townhouse or rowhouse. The amendment to the planned unit development plan proposes three townhouse /rowhouse dwellings in place of the current plans for two attached single - family dwellings. This degree of change warrants amendment of the development plan and proffered conditions adopted by Ordinance No. 36998 - 032105 as they apply to the subject lots. The proffered conditions requested for repeal are as follows: 1. That the development of the RPUD District will be governed by the Development Pattern Book, Colonial Green, dated February 17, 2005 and attached as Exhibit 3. 2. A minimum tree canopy ratio of 15% of the total RPUD District will be provided at completion of the project to be comprised of existing tree canopy preserved on the site and new tree plantings (based on canopy at 20 year maturity). A development standard noted on the proposed plan continues to require conformance to the Development Pattern Book, Colonial Green, dated February 17, 2005. 2 Considerations: Compatibility with Surrounding Land Uses: The property is located within the Colonial Green development within in a largely residential area along Colonial Avenue abutting City limits. The surrounding area consists of a variety of residential land uses: • To the west is a buffer area with single - family dwellings along Sedgefield Road in Roanoke County, beyond. • To the north are single - family attached dwellings. • To the east is the Colonial Green community green. • To the south are the townhouse /rowhouse dwellings that are part of Colonial Green. The Sunscape apartment complex lies just beyond the townhouses. The future land use map from the Franklin Road /Colonial Avenue Area Plan envisioned this entire development as a mixed residential development. The proposed townhouse development is within a relatively higher density area of Colonial Green. The design will be governed by the Colonial Green development pattern book. Applicability /Appropriateness of Proposed Zoning District: The current MXPUD District continues to be the appropriate district for this part of a large housing cluster development. Availability of Other Property_ The property sits within the existing Colonial Green development. Although there are other unbuilt portions of the development that are allocated for townhouse /rowhouse dwellings, it is not inappropriate for this dwelling type in this location, as well. Consistency with Comprehensive Plan-. Both Vision 2007 -2020 and the Franklin Road /Colonial Avenue Area Plan recognize that housing cluster development is appropriate on large sites adjacent to existing residential neighborhoods. 3 Policy /Action Plan Applicability to matter NH P6 Comprehensive The property is proposed for Development of housing clusters will Plan', pg. 40 attached housing in an area of be used to encourage and promote the plan designated for neighborhood revitalization, replace attached housing. derelict or neglected structures, and complement the surrounding neighborhood. A housing cluster is a market -rate residential development consisting of a mixture of residential uses on a large site located within or adjacent to existing developments of established neighborhoods. Residential Development Franklin The housing proposed is a This property (Colonial Green) is Road /Colonial housing type existing within suited for mixed - density residential Avenue Area the proposed development development as well as limited Plan', pg. 13. that is appropriately placed commercial elements. between similar types. Future Land Use Plan Franklin The amendment to the The Future Land Use Plan designation Road /Colonial planned unit development is mixed residential Avenue Area plan does not change the Plan, pg. 27 overall nature of the plan. Comments on Application: Planning Commission Work Session: The proposed zoning amendment was discussed at the January work session and no concerns were noted. Interdepartmental Comments: General comments were provided from the Western Virginia Water Authority and Planning Building and Development related to the water and sewer availability and permitting process. Public Comments: None received. Public Hearing: No public comments received. ' Vision 2001 -2020. City of Roanoke 2001 Z Franklin Road /Colonial Avenue Area Plan City of Roanoke 2004 M Conclusions and Recommendations: The proposed repeal of proffered conditions and amendment of the planned unit development plan are appropriate for this property within this large mixed residential /commercial cluster development. /4m --------------------------- Karri B. Atwood, Chair City Planning Commission Enclosure: Attachment A, Zoning District Map Distribution: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Eric S. Sallee, Progress Street Builders, Inc. 0 ZONING DISTRICT MAPS =�� -� 3833 & 3837 Colonial Green Circle Official Tax Parcel: 1570137 & 1570136 i .ryr .j Area to be Rezcran ® Zoning i 4, AD: Ai port Dev - CG: Commercial- General - CLS: Commercial- Large Site CN: Commercial -N eigh ba hood - D: Downtown - 1-1: Light Industrial -1-2: Heavy Industrial - IN: Institutional INPUC: Institutional Planned Unit Dev -IPUD: Industrial Planned Unit De'v %IX: Mixed Use Qh1XPUD: Mixed Use Planned UnitDEv - R -12: Res Single - Family R -3: Res Single - Family R -5: Res Single-Family R -7: Res Single - Family RA: Res - Agricultural Rhl -1: Res Mixed Density RM -2: Res Mixed Density RMF: Res Khultf rnily ..y. ROS: Recreation and Open Spacer f ` - UF: Urban Flex `ate ,may! Conditional Zoning Y A +g 0 100 200 Feet Attachment A R -7: Res Single - Family f f. Z Q7U = h � Department of Planning, Building and Development Room 170, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 pC2Al9 -0013 Click Here to Print Filing Date: 12/30/2019 Submittal Number: Original Application O ❑ Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Address: 3833 and 3837 Colonial Green Circle Official Tax No(s).: 1570137 & 1570136 R Amendment of Proffered Conditions ❑x Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Existing ❑ Without Conditions Ordinance 36998 - 032105 Zoning: MXPUD, Mixed Use Planned Unit Develop ❑x With Conditions No(s). (If ❑x Planned Unit Development applicable): Requested ❑ Without Conditions Proposed Dwelling, Rowhouse Zoning: MXPUD, Mixed Use Planned Unit Developi ❑ With Conditions Land Use: x❑ Planned Unit Development Name: Progress Street Builders, Inc. Phone Number: 5408182659 Address: 200 Professional Park Dr, Suite 6, Blacksburg Va 24060 E -mail: Eric.Sallee @ProgressStreet.cor 6— Eric S Sallee, co –owner Progress Street Builders Property Ownees Signature Name: Address: Phone Number: E -mail: Phone Number: Applicant's S.gnature Name: Phone Number: Address: E -mail: Author zed Agent's Sgnature Zoning Amendment Application Checklist e following must be submitted for all applications: Ail rx Completed application form and checklist. ix Written narrative explaining the reason for the request. r Metes and bounds description, if applicable. Fx- Filing fee. r Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. F Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as 'development plan' if proffered. F- Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. F Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, if applicable. F- Written proffers to be amended. See the City's Guide to Proffered Conditions. F- Copy of previously adopted Ordinance. F Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment;'' the followin F- Amended comprehensive signage plan meeting the requirements of Section 36.2 - 336(4) of the City's Zoning Ordinance. I— Copy of previously adopted Ordinance. F- A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. F Cover sheet. F Traffic impact analysis. F Concept plan. F- Proffered conditions, if applicable. F Required fee. *An electronic copy of this application and checklist can be found at www. roanokeva .gov /planningcommission. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. Narrative — Planned Development Amendment - Colonial Green lots 3 and 4 Progress Street Builders Our Proposed amended development plan would amend the Colonial Green MXPUD for lots 3 and 4 in the following way: 1. Switch unit types from attached single family Crescent Homes to attached single family Rowhouse units 2. Increase the density of Rowhouse units by 3 units and decrease the density of Crescent Home lots by 2 units, for a total density change of 1 additional Unit. Progress Street Builders, Inc., as a builder - partner to the development company Colonial Green LC, has been involved with the Colonial Green development since the earliest phases of project planning and rezoning proposal, beginning in 2001. Our company both designed and constructed all the existing residential units in the development. We seek to change the approved unit type and number of units associated with existing lots 3 and 4, which are currently approved for one (1) Crescent home per lot. The rowhouse units envisioned would be approximately 20 feet wide, for a total of 60 feet of building width for three rowhouse units versus the two planned 30 foot wide Crescent units with an identical total building width of 60 feet. The row house unit depth would be very similar to the Crescent home unit type depth of 40 feet resulting in an almost identical before and after total building footprint. During the time we have been planning, designing and constructing attached units at Colonial Green the market has changed and in the current market environment we find the smaller rowhouse unit type to be more marketable than the larger Crescent home unit type. Our request would increase the density by one (1) unit over the existing density. In our opinion one additional unit would have no marked negative effect on the other residents or surrounding community. Request for Repeal of Proffered Conditions The applicant hereby requests that the following proffered condition(s) enacted by Ordinance No. 36998 - 032105 be repealed as it /they pertain(s) to Official Tax No(s). 1570136 and 1570137: proffered conditions: 1. That the development of the RPUD District will be governed by the Development Pattern Book, Colonial Green, dated February 17, 2005 and attached as Exhibit 3. 2. A minimum tree canopy ratio of 15% of the total RPUD District will be provided at completion of the project to be comprised of existing tree canopy preserved on the site and new tree plantings (based on canopy at 20 year maturity). NOTE: THE DEVELOPMENT OF THE PROPERTY SHALL BE GOVERNED BY "DEVELOPMENT PATTERN BOOK; COLONIAL GREEN ", DATED FEBRUARY 17, 2005 (ATTACHED AS EXHIBIT 1). EXISTING 20' PUBLIC WATERLINE EASEMENT ROANOKE CITY M.B. 1 PGS. 2768 & 2769 (72.06' T) E N 31'38'29" E N 22'25'35" 1128• .,�__ 50.22' 20' -0" REAR YARD SETBACK --- 83 1��1 1 F � 1 0.149 AC. 1`x°11` SIDE YARD SETBACK 11\1 ENN 1 1 Z EXISTING LOT 4: 3833 COLONIAL GREEN CIRCLE; y 1 TAX PARCEL 1570137 �C. t`rPa 1 C 1 1 EXISTING LOT 3: 3837 COLONIAL GREEN CIRCLE; TAX PARCEL 1570136 XO GE C6 ASPHALT DRIVE (TYP) w� SITE PLAN S—E 20' 0149 A REC - 6471.97 SF nc _ gx FLOOR RtI P O ilo 25 r D J L � ] [ N r. c�'11� 7 � a L W � Y }1 a W C o o o ~ x o � C^ 1� C11.1 Development Pattern Book Colonial Green A Traditional Neighborhood Development Roanoke, Virginia Revised February 17, 2005 Colonial Green Development Pattern Book USF. OF THIS PATTERN BOOK This pattern book is intended to provide homeowners and other interested parties with important housing and development information on Colonial Green. The developers of Colonial Green have adopted lot and architectural standards for the community. In addition to this book, the homeowner should reference Colonial Green Homeowners Association doctments and property deed restrictions. The photographs and sketches shown provide examples of some of Roanoke's best traditional architect-Lire. The new construction in Colonial Green will draw from this inspiration, but will not necessarily replicate the exact details shown in the photographs. Colonial Green Development Pattern Book VISION FOR A NEW NEIGHBORHOOD Inspired by the patterns of Roanoke's early 201h Century pedestrian - friendly neighborhoods, Colonial Green successfully integrates traditional neighborhood home designs and development patterns with the scenic character and resources of the site. By combining reliable traditional design principles with new technology and materials, Colonial Green will become one of Roanoke's most vibrant and desirable new neighborhood locations. Designed around a common green, the neighborhood provides a variety of housing types including single family houses, townhouses and multi family housing. Colonial Green Development Pattern Book A NEW NEIGHBORHOOD DESIGNED IN THE ROANOKE TRADITION Roanoke is endowed with a number of vibrant neighborhoods designed during the first quarter of the 2011, century. Many of these' older neighborhoods were influenced by the foresight of renowned landscape architect and planner, john Nolen, who studied the development of Roanoke during its early years and prepared the City's early Comprehensive Plans in 1907 and 1928. Nolen's careful neighborhood planning and contextual design principles continue to inspire citizens, governmental officials, and developers to create livable communities that promote quality architecture, harmony with the natural enviroiunent, close proximity to schools, parks and support services, and attractive public facilities and spaces. pROpEf_TV DEVEL.:.ODMENT DFQO M NG ON 1NWCTUCQOOQ NOT TUG SMELT SCWG Q U'QELATICIN ETW EN TA ND TUE ADJOINING DPOOWTV ANp TO TuP CITY T"OQOUGWCAQE SYSTP -M POUSESITPS LU M CAQSGULLY LOCATED AND ALL BUILDING WISELY 126STP1CTED ALL SUBDIVISIONS SHOULD BI= SUBJECT TO MUNICIPAL SUOEQVfSION * . 4 4 0 TNJ: NEGLECTED SIDE -- QUL A QESULT OF PCOQ OLANNINC SUBSQZUENT LOSS TO CITY OQWTY OWNER AND DEVELODW - -- I T O T U1 TOMX,IYAIY.f.,i(r,,,�� -J Nolen Design Elements from 1928 Coinprehensive Plan The developers of Colonial Green are committed to creating it neighborhood that sets a new standard for attractive, high - quality housing that is appealing to residents of all ages. As seen in many of Nolen's early neighborhood plans, Colonial Green radiates from a large green that forms the core of the neighborhood. This "tear- drop" shaped green provides common open space and provides the foreground for dramatic views of the distant ridges. Pedestrian ameiuties throughout the neighborhood include tree -lined streets and sidewalks that link common areas and residential homes. The architectural themes of the homes in the neighborhood reflect some of Roanoke's most popular styles - Colonial Revival, Tudor, Craftsman and Folk Victorian. 4 Colonial Green Development Pattern Book HOUSING TYPES The Colonial Green neighborhood offers four different housing types: cottages, crescent homes, rowhouses, and multi - family housing. These different types of residential living are described in the following paragraphs. For each of these four housing options, specific site development standards, materials, and colors have been adopted. Architectural styles also have been selected for Colonial Green that are representative of Roanoke's traditional architecture. Cottages Single family cottage lots are centrally located in the community. All of the cottage lots slope toward the southeast, providing sunny spaces in the backyards and kitchen areas. Alleys are provided behind the houses so that service activities can be oriented toward the backyards. All driveways, parking and garages are in the rear in accordance with preferred traditional neighborhood design principals. Adopted design standards ensure that backyards are attractive and the neighborhood character is preserved. Crescent Homes and Rowhouses Two additional styles of homes are planned in separate groupings in the neighborhood. Crescent Homes are clustered at the top of the northern ridge to take advantage of the spectacular panoramic vistas of the valley and the common green. These prestigious homes are destined to become some of the most desirable in the community. Rowhouses offer a second housing option for residents and are sited along the southern borders of the community. The Rowhouses will serve to create a link to familiar urban settings with their traditional facades, tree -line sidewalks, and classical compositions. Various parking arrangements will be available to homeowners. Multi family Housing Condominium or apartment buildings are sited in traditional "U- shaped" and "I- shaped" arrangements along the western edge of the site and focus around the common green and a central courtyard. One, two and /or three bedroom units are contained within several three and four -story buildings sited to fit the contours of the property and take full advantage of the views to the east and south. Resident parking is located underneath the residential housing for convenience, security and increased yard spaces. Mixed Residential and Commercial Space Multi-story buildings adjacent to Colonial Avenue offer flexible, mixed -use space for residents desiring close proximity to businesses and neighborhood commercial services. Housing can be provided on the upper floors with commercial uses such as boutiques, ice -cream shops, and other businesses provided on the first floor. Opportunities for small offices exist on both the main and upper floors. Residents may find this shared residential - commercial space an ideal location for a business- living arrangement. Colonial Green Development Pattern Book PLACEMENT OF DEVELOPMENT ON LOTS Housing types within Colonial Green have specific requirements for building setback lines, yard depths, and maximum lot coverage. These standards are described and illustrated below. Cottages The following requirements apply to development on Single Family Cottage Lots: Front yard setback: 0 feet minimum to 18 feet maximum Side yard setback: 0 feet minimum; 10 foot casement for storm water management rain garden between lots Rear yard setback: 5 feet minimum Maximum Lot coverage: 50% (not including paved parking and driveways) Building height: 40 feet maximum Building width 40 feet maximum width, not including side porches Parking & Driveways: Alley access where available 5' niin. rear yard setbtm-k 0' min. side setback. 10'easementfor storm water garden 40' mar, building height 40' mar. width 0' min., 1 S' nutx. front yard setback 6 Colonial Green Development Pattern Book Crescent Homes and Rowhouses The following requirements apply to development on lots for single family Crescent Homes and Rowhouses: Front yard setback: 0 feet minimum to 20 feet maximum Side yard setback 0 feet, unless between a unit grouping where 5 feet minimwn applies Rear yard setback: 10 feet minimum for main structure and 5 feet for accessory structures or attached garage Maximum Lot coverage: 50% (not including paved parking and driveways) Building height: 45 feet maximum Building width: 18 feet minimum width for each unit Parking & Driveways: Alley access where available Rear setlxiclu 10' rain. for main strM.'rure, 5' min, for accessory 95' max. building height 0' min, 20' mac front yard setback 5' mire side setback Rear setback.• 10' min. for train structure, 5' mite. for acrossoly 45' nutr. building height. 0' min, 20' mar..front yard setback Rowhouses Crescent Homes 5' ntln..17de setback 13'tnin. building "Oh Colonial Green Development Pattern Book Multi - Family Housing Each multi- family housing building is to front on the entry boulevard for Colonial Green. The following requirements apply to this part of the development: Front yard setback: 10 feet minimum from Colonial Parkway Side yard setback: 10 feet minimum when adjacent to homes or rowhouses Rear yard setback: 20 feet minimum Maximum Lot coverage: 50% (not including paved parking and driveways) Building separation: 20 feet minimum Building height: 60 feet maximum Building width: Street facades shall be a maximum width of 80 feet (to create variations in building fagade) Parking: Garage within each building (minimum 1.5 spaces per unit); guest parking is minimized (maximum of 10 spaces per 30 units) Open Space: Courtyard or common green space provided for each building 20' min. rear setback 60' mar. height to min.1rom yard setback 10' min. side yard setback when adjacent to homes or rowhouses Colonial Green Development Pattern Book Mixed Residential & Commercial Living The following requirements apply to the development of the mixed -use buildings offering residential and commercial opportunities: Front yard setback: 10 feet minimum from Colonial Green Parkway; 30 feet minimum from Colonial Avenue Side yard setback: 10 feet minimum Maximum Lot coverage: 50% (not including paved parking and driveways) Building height: 60 feet maximum Parking: Landscaped surface parking; parking varies according to land use l0' min. side yard setback r I�r4 CoLoaIAL b�. 30' min. setback from Colonial Avenue i I j � r 1 1,06'a, ! 0' min setback from Colonial Green Parkway 91 Colonial Green Development Pattern Book ARCHITECTURAL STYLES AND DESIGN STANDARDS The design of Colonial Green is based on Roanoke's traditional architectural pattern% of the early 201h Century. To create a cohesive and complementary neighborhood environment while reflecting Roanoke's traditional architecture, the developer of Colonial Green has selected four architectural styles for construction in the new neighborhood: Colonial Revival, Tudor, Craftsman, and Folk Victorian. These architectural styles were constructed in the early neighborhoods of Roanoke and provide Colonial Green with a timeless link and a sense of place for the neighborhood. Each of these architectural styles is discussed the following pages. n in greater detail o Colonial Revival Craftsman Tudor Folk Victorian Recommended Reference: A Field Guide to American Houses by Virginia and Lee McAlester 10 Colonial Green Development Pattern Book COLONIAL REVIVAL s 'A Histonj and Character Popular in Roanoke and around the country for the first half of the 2011, Century, Colonial Revival architecture continues to be a favorite of many homeowners. Its classic details and dimensions can be found throughout Roanoke's most treasured neighborhoods. Named for a renewed interest in early colonial architecture, the style became popular at the turn of the century by architects who used traditional architectural styles of the past to create new landmark buildings. Typical contributing features of the style include: :• Typically a two story building, usually symmetrical in composition Steeply pitched roof with side gables Prominent front door, usually with fanlight or sidelight windows and a decorative entry One story, detailed porch over entry, usually with columns Balanced rectangular window patterns, typically double -hung sashes with multi -panes (6 -12); sometimes paired Uyuc{aJ- 4(4 Examples of Details: I � o�u�4or.c4� -- *,4q tl TUDOR Colonial Green Development Pattern Book History and Character Roanoke has a particular affinity for the Tudor style, as seen in Hotel Roanoke and historic Fairacres. Popular in the early pact of the 201h Century, the Tudor style was reflective of early 16 1h Century English architecture. A popular building style for suburban houses in the 1920s and 1930s, the details of Tudor architecture were quite distinctive and are widely recognized today. Typical contributing features of the style include: ❖ Steeply pitched roof with front facing gable(s) Decorative half - timbering ❖ Narrow, tail windows, usually grouped and multi -paned Masonry walls, usually of brick and stucco Entry doors sometimes decorated with stone accents ❖ Asymmetrical composition of design features Examples of Details: i 1 a aI _ ._.T i -uixrs "we-! ts'W '�Yft �WwS 12 CRAFTSMAN Colonial Green Development Pattern Book History and Character house The Craftsman style was first inspired by California designers Charles and Henry Greene who constructed these artistic s at t quickly became the subject of many pattern books and home the turn of the 20th Century. Because of its popular appeal, i magazines. Craftsman homes are present in many of Roanoke's treasured neighborhoods: South Roanoke, North Roanoke, Wasena, Raleigh Court, and Southeast. Typical contributing features of the style include: ❖ Low- pitched front or side gable roof with a centered shed or gable dormer Wide cave overhangs offer decorative exposed roof rafters, underside beams, or brackets ❖ Large, prominent front porch, full or 1/2 width, with distinctive columns and large pier bases Lap siding, shingle or a combination of masonry (brick, stucco, or stone) and siding 4'6�v'w Window sashes are square or rectangular, double -hung, frequently with muntins on top half, small accent windows, sometimes paired or tripled in dormers Exasnples of Details, 13 FOLK VICTORIAN Colonial Green Development Pattern Book History and Character Several variations of the Victorian architectural style were popular at the turn of the 20th Century. Named for the influence of England's Queen Victoria, this style of housing became desirable because of the ease of construction and the availability of mass produced house components, Iike windows, doors, siding, and decorative trim. Many of the Victorian styles such as Second Empire, Shingle, and Queen Anne were quite elaborate with complicated roof and wall projections, trim decorations, and irregular shapes. Folk Victorian homes were simplified versions of the Victorian forms, adapted to traditional, folk house shapes conmton throughout rural America. Contributing features of this style include: Prominent front porch, usually three- fourths to full width of house; Architectural detailing on porches; decorative millwork, columns, railings ', �• Sometimes decorative features in front gable -- Double -hung windows, sometimes paired; occasional decorative accent windows Examples of Details. 14 Colonial Green Development Pattern Book Conceptual Floor Plan for Cottages (applicable to all styles) �iC{LI MMIY ROOM I ( 1 1 1 1 T11U GR OAR � 1Ej MAIN LE AL FL OQR PLAN wvr II oval II Aj� � ro II ( roY®e N tI I tla.t OPTIONAL UPPER LEVEL FLOOR PLAN 15 ARCHITECTURAL STYLES FOR CRE Colonial NT HOMES ANDevelopment OWHOUSESPattern Book The single family attached Crescent Homes anu Kxvwnouses will be compatible with the architectural styles of the single family homes described in this pattern book. Some of the characteristic features of these homes are: Multi -story living Street level garage Conceptual Floor Plans Crescent Homes & Rowhouses 1�_L 17 n � i e wun LPVP -1 UPPER. LEVEL 16 Colonial Green Development Pattern Book ARCHITECTURAL STYLES FOR MULTI - FAMILY BUILDINGS The architectural styles for the proposed multi - family buildings are to be compatible with the single family architectural character and materials of Colonial Green and reflective of Roanoke's traditional multi- family housing architecture. Some of the important features of these developments include: ❖ Central courtyard or common greenspace 4- Building mass and shape complements adjacent neighborhood buildings Prominent central entries with landscaped front yard facing Colonial Green + Interior parking garage for residents ❖ One, two and /or three - bedroom units MULTIFAMILY BUILDING SECTION 17 Colonial Green Development Pattern Boa Floor Plans far Multi family Housing fan i 1 ? f r.el I i —{,_ i J Colonial Green Development Pattern Book MIXEDUSE, RESIDENTIAL AND COMMERCIAL DEVELOPMENT The architectural style for the proposed mixed -use, residential and commercial development is to be compatible with the architectural character and materials of both the single family and multi- family housing in Colonial Green. It is envisioned that the buildings will contain a mixture of office and retail commercial uses on the first floor with residential uses and professional offices on upper floors, as market conditions warrant. Some of the characteristics desired include: Ip The architecture of the building will be distinctive to encourage attractive pedestrian circulation and business entry. Entries will be either recessed or articulated. S• Signage will be designed to coordinate with and be complementary to architectural details. :• Surface parking will be landscaped in accordance with landscaping standards approved by Colonial Green, LC. Example of a Mixed Use Building 19 Colonial Green Development Pattern Book ATTACHED AND DETACHED ACCESSORY STRUCTURES Accessory structures are those buildings or structures that are incidental and subordinate to the principal building on the same property. Accessory structures may be attached to the main structure or detached and located separately on the lot. They include such things as decks, garages, side or rear porches, and storage buildings. It is important that the architectural design of these structures be compatible with the architectural design of the main building and the architectural design of adjacent buildings. The following architectural guidelines have been adopted for Colonial Green: Decks - All exterior materials shall be painted or stained. Garages - Attached garages shall match the style and character of the main house. Detached garages will either match the style of the main house or be sided with beveled white 4 -inch wide lap siding and 3 -inch wide comer, window and door trim. Shingles are to match those of the principal building. Porches - Front and side porches shall match the style and character of the main building. Storage Buildings - All storage buildings shall either match the siding and roof color and texture of the main house or be sided with beveled white 4 -inch wide lap siding and 3 -inch wide corner, window and door trim. Shingles are to match those of the principal building. 20 Colonial Green Development Pattern Book EXAMPLE'S OF EXTERIOR MATERIALS & COLORS Siding: Brick, wood, fiber cement composition board or vinyl Shutters: Wood or vinyl; louvered or paneled; on single windows only Roofing: Slate, asphalt or fiberglass, metal Windows: Wood, vinyl, or aluminum clad wood with muntin patterns typical of the style Foundations: Brick, stone, stucco or traditional parging (painted) Colors: Traditional colors as approved by Colonial Green's Design Review Committee 21 Colonial Green Development Pattern Book LANDSCAPE AND GREEN SPACE The landscape of Colonial Green will create a sense of place for this new neighborhood commuuity. Over time, the landscape of Colonial Green will transform from a scrub pine forest to a mature tree - canopied commulitv. The landscape centerpieces of Colonial Green feature a large common green and open flat terraces that provide scenic opportunities for the development. Canopied shade trees line the green and the intimate streets emanating from the green, evocative of landscaping in Roanoke's older neighborhoods. Each public space and entrance gateway is carefully designed and landscaped to create a feeling of neighborhood and community. Contributing elements such as fences, sidewalks, planters, and hedges add an orderly composition and a unique neighborhood character to the new community. Landscape Standards Fences ••r Fences are to be constructed in traditional patterns in painted wood, metal, or approved vinyl. Chain link fencing is not permitted. Front Yards Front yard fences and hedges, where used, will be constructed or maintained at a maximum of 3.5 feet in height. Front yard fences will have a maximum opacity of 60 %. Where not precluded by unusual slope conditions, fences or hedges should be symmetrical around the front yards. �• Walks should be between 3 feet and 4 feet wide in the front yard and constructed of concrete, flagstone or brick. r, Colonial Green Development Pattern Book Rear and Side Yards Rear and side yard fences shall be a maximum of 6 feet high and may be up to 100% opaque. Fences may extend to and be placed on the property lines between lots, although a 6 inch setback from property lines is encouraged. Back and side yards are required to be landscaped, including areas between the alley pavement and the lot fine. Screening of air conditioning units and other mechanical elements is required using fencing, shrubs, hedges or low walls. Mailboxes and Trash Containers Mailboxes shall be a standard unit or units selected and approved by the Homeowner Association's Design Review Committee. :• All trash containers shall be located inside a structure or screened from street and neighboring home views using approved fence materials. Planting Requirements All lots shall be landscaped in accordance with the requirements adopted by the Homeowner Association. These requirements will require the landscaping to: Conceal the foundation and exterior mechanical elements such as gas meters and condenser units from the street and neighboring properties. :• Secure all disturbed soil with grass, mulch, or other vegetation. �• Provide limited shading especially in the front yard. Provide an attractive visual "base" which will compliment and further decorate the street visible faces of the house:. 23 Colonial Green Development Pattern Book OWNERSHIP AND MAINTENANCE OF YARDS AND COMMON GREEN SPACES Single Family Houses Owned By: Used By: Maintained Cy: Front Yard Resident Resident Assn Rear and Side Yards Resident Resident Assn Attached Townhouses Front Yard Assn Resident Assn Side Yard Assn Resident Assn Rear Yard Assn Resident Assn Multi- Family houses Courtyard Assn Bldg Assn Bldg Assn Sidewalks, Parking Assn Guests Assn Mixed Use Space Yards Assn Resident, Guests Assn Circulation space Assn Guests Assn Common Areas Sidewalks City Public City Streets City Public City Alleys TBD Public TBD Green Areas Assn Residents Assn Resident - The Owner or tenant of a space Assn - The homeowners association of Colonial Green or other identified building Guests - Owners, residents, and invited and welcome guests association for multi- family and mined use- Public - The General Public TBD —To Be Determined 24 Colonial Green Development Pattern Book COLONIAL GREEN DESIGN REVIEW COMMITTEE Colonial Green is a planned community where careful thought has gone into the overall design of lots, architectural styles of buildings, streets, utilities, and landscaping. To maintain this level of design quality and protect property values and investments, the developer of Colonial Green will establish a design review committee to work with property owners on development issues. A member of the City Planning staff will serve as an ex- officio member of the design review committee. For further information or questions: Colonial Green P. O. Box 10296 Blacksburg, VA 24062 540- 320 -5215 Colonial Green Development Pattern Book November 1, 2004 Revised February 17, 2005 k HILL STUDIO Community Planning • Landscape Architecture • Architecture • Preservation 25 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of March, 2005. No. 36998- 032105. AN ORDINANCE to amend §36.1 -3, Code of the City of Roanoke (1979), as amended, and Sheet No. 157, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS -2, Residential Single Family District, to RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the applicant; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1 -693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on March 21, 2005, after due and timely notice thereof as required by §36.1 -693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: Section 36.1 -3, Code of the City of Roanoke (1979), as amended, and Sheet No. 157 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: That tract of land containing 23.742 acres, more or less, located at 3379 Colonial Avenue, identified as Official Tax No. 1570101, and designated on Sheet No. 157 of the Sectional 1976 Zone Map, City of Roanoke, be, and is hereby rezoned from RS -2, Residential Single Family District, to RPUD, Residential Planned Unit Development District, subject to the proffers contained in the Petition filed in the Office of the City Clerk on March 3, 2005, and that Sheet No. 157 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. KA0RDR4ANCFS\0-REWN w- PROFFERS (COLONIAL GREEN) 032105.000 Architectural Re%ir% Board Board of Zoning Appeah Planning Commis +ion CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853 -1730 Fax: (540) 853 -1230 E -mail: planning @ci.roanoke.va.us March 21, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from the City of Roanoke, that property located at 3379 Colonial Avenue, S.W., Official Tax No. 1570101, be rezoned from RS -2, Residential Single Family District, to RPUD, Residential Planned Unit Development District, such rezoning to be subject to certain conditions proffered by the petitioner. Planning Commission Action: Planning Commission public hearing was held on Thursday, February 17, 2005. By a vote of 6 -0 (Messrs. Butler, Marietta, Rife, Scholz and Williams and Ms. Price voting for approval and Mr. Chrisman absent), the Commission recommended approval of the rezoning request. A first amended petition was filed on March 3, 2005. Background: On December 20, 2004, Roanoke City Council adopted a resolution authorizing the City Manager to file a petition to rezone 23.742 acres, more or less, of City - owned property located on Colonial Avenue, S.W., from RS -2, Single Family Residential District, to RPUD, Residential Planned Unit Development District, subject to the following proffered condition: That the development of the RPUD District will be governed by the Development Pattern Book, Colonial Green, dated November 1, 2004. A public hearing was held by the Planning Commission on January 20, 2005. Upon completion of that public hearing, action on the matter was continued until the February 17, 2005, meeting. At the Planning Commission's work session meeting on February 4, 2005, alternative design concepts addressing comments from the public hearing were reviewed and discussed related to the following: • The design and layout of the commercial /live -work area along the Colonial Avenue frontage • The design and layout of proposed crescent homes and a multifamily structure on the western edge of the site adjacent to the City- County boundary line. • The provision of pathways and connections of the development to its surroundings. • The preservation of existing significant vegetation and the overall resulting tree canopy on the development at build -out. Consideration: Surrounding land uses and zoning districts are as follows: • To the northwest are single - family dwellings along Sedgefield Road in Roanoke County, the Western Virginia Water Authority water tanks, and single - family homes zoned RS -2, Residential Single Family. • To the north is a single- family dwelling zoned RS -3, Residential Single Family. • To the northeast are single- family dwellings along Creston Avenue and Robyn Road zoned RS -2, Residential Single Family. • To the southeast is a single- family dwelling zoned RS -2, Residential Single Family, a church zoned RS -2, Residential Single Family fronting on Colonial Avenue, a medical clinic fronting on Colonial Avenue zoned C -2, General Commercial, and single - family dwellings across Colonial Avenue fronting on Woodland Drive in Roanoke County. • To the southwest on an adjacent lot is a multifamily apartment complex fronting on Colonial Avenue. The Colonial Green is a mixed use development comprised of approximately 230 dwelling units with the potential of 14,000 square feet of commercial space. The proposed housing mix includes approximately 28 single - family detached dwellings, 60 townhouse units, and 130 multifamily units. The commercial space would be limited to the commercial /residential building located in proximity to the Colonial Avenue frontage. The proposed development is consistent with policies and actions of Vision 2001 -2020, the City's comprehensive plan: 2 • Development of housing clusters will be used to encourage and promote neighborhood revitalization, replace derelict or neglected structures, and complement the surrounding neighborhood. A housing cluster is a market -rate residential development consisting of a mixture of residential uses on a large site located within or adjacent to existing developments of established neighborhoods (NH P6). • Limit the amount of impervious surfaces to reduce runoff (EC Al 3). • Streetscape: Higher density structures should be built to the building line with parking located in the rear or in parking areas. Single- family attached and detached structures should be built not more than 10 feet set back from the edge of the sidewalk, with parking located in the rear. Where possible, alleys should be created to serve rear access garages and parking areas (p.103). The Franklin Road /Colonial Avenue Area Plan was adopted by City Council on June 21, 2004. The plan states the following as it relates to the petition: • This property (Colonial Green) is suited for mixed - density residential development as well as limited commercial development (p.13). • The Future Land Use Plan designation is mixed residential (p.27) The proposed development satisfies the general standards and development requirements of Section 36.1 -293. As an RPUD, Residential Planned Unit Development, the site must be developed in substantial conformity to the development plan, attached as Exhibit 2. Section 36.1- 293(a)(1) requires compatibility with the surrounding neighborhoods. The development achieves compatibility with providing like uses adjacent to one another. On the western portion of the development, the multifamily structures primarily border an existing multifamily development in the County, while the single family uses border a single family neighborhood along the eastern edge. The RPUD aims to provide architecturally cohesive housing types in relationship to the surrounding neighborhood. The Colonial Green Development Pattern Book (Exhibit 3) sets forth architectural standards and lot characteristics that reflect Roanoke's traditional architecture styles and design principles. The petitioner satisfies 36.1- 293(a)(3) by providing narrow pavement widths to promote slower vehicular speeds through the proposed street grid. The streets will have twelve (12) to fourteen (14) foot travel lanes with many streets having an eight (8) foot parallel parking lane. In addition, most of the single - family and townhouse units will have rear access to driveways and garages off of alleyways. Parking areas for the multifamily units will be primarily structured parking below the residential floors. Sidewalks and pathways will be provided throughout the development to provide pedestrian connections in the development. The development plan addresses the landscaping and open space general requirement (36.2 -293 (a)(S)). All disturbed soil will be secured with grass, mulch, and other vegetation (Colonial Green Development Pattern Book, p.23). Storm water management areas will be planted with groundcovers, shrubs, and trees to appear as a natural landscape. The low impact development storm water management areas on the western portion of the property not only provide effective storm water quality measures, but also provides for a passive open space between the multifamily units and the detached single family units. The Schematic Planting Plan shows a mixture of tree varieties at a distance of 1 per 50 feet along all streets to provide for pleasant streetscapes. Streetscape trees at maturity alone, would comprise an approximately 5% canopy coverage for the development. Additional canopy coverage would be achieved through the retention of existing mature vegetation, where possible, and the installation of site landscaping for each new development site created in the overall project. The Schematic Grading Plan demonstrates how the development will reflect the standard using the existing topography and natural character of the site by minimizing grading. Grading of the site will be important to conform to properly engineered street alignment and to finalize on -site storm water management facilities. Proposed changes to the plan will result in existing mature - growth trees remaining in the area bordering the rear property lines of single - family dwellings fronting on Sedgefield Road in Roanoke County. The area is approximately 160 - 170 feet wide as measured between the property line and the back of the proposed crescent homes, and preserves the existing ridge -line and tree canopy. In addition, it is proposed to amend the petition to add an additional proffer related to the overall tree canopy coverage on the site at its build out. A tree canopy coverage ratio of 15% of the total site acreage is proposed to be comprised of existing tree canopy preserved on the site, and the amount of canopy (at maturity) from new tree plantings resulting from development of the site. The density of units is approximately 9.7 units per acre, which is well below the maximum density of 17 units per acre. The district requires all commercial uses follow sign regulations for a CN, Neighborhood Commercial District. Current CN regulations would allow for approximately 600 square feet of signage for the commercial uses. The proposed development will employ three (3) storm water management techniques: storm water retention areas, bio- retention areas, and a detention basin. Storm water management easements will be established between the single family homes to allow for each lot to manage its storm water. 4 The open space for the overall acreage of the site satisfies the requirement that 20% open space be retained for recreational and /or permanent green space. The Colonial Green Development Pattern Book requires all lots with single family, townhouse, or multifamily structures not exceed maximum lot coverage of 5 0 %. Further study of the Phase III multifamily structure on the western most part of the site has resulted in the reorientation of that structure further away from the northwestern -most property line (now setback a distance of approximately 120 feet), and provides for a much improved orientation of the front of the building to the central Green. Significant improvements have been made to the parking associated with the proposed mixed use buildings along Colonial Avenue which will result in the commercial /live -work buildings taking a prominent position in relation to the streets, and on -site parking being located to the side and rear of the buildings. While a storm water management facility prohibits locating the mixed use buildings immediately abutting the Colonial Avenue right -of -way line similar to the adjacent medical clinic building, reorientation of the buildings and eliminating front parking spaces will create a more consistent streetscape. The City's Traffic Engineer determined, through a trip generation analysis, that the development, at full build out, will generate 140 trips during the AM peak period and 165 trips during the PM peak period. Based on these volumes, a traffic signal may not be necessary. However, a final decision should be made based upon traffic counts and observation of actual traffic operations after various stages of the development. The trip generation volumes do require turning lanes to accommodate traffic in and out of the development. Previous improvements to Colonial Avenue established turning lanes for the Carilion medical clinic. This suggested traffic improvement is satisfied since the existing curb cut on Colonial Avenue will be improved to become the gateway into the entire development. Revisions have also been made to the Colonial Green Development Pattern Book (on pages 8 and 9) to reflect changes in the RPUD Development Plan. Recommendation: The Planning Commission recommends that City Council approve an amended petition which includes the following: • Proffering of a revised Colonial Green Development Pattern Book dated February 17, 2005 (Exhibit 3), • Revised RPUD Development Plan dated February 17, 2005 and attached (Exhibit 2), and 61 • An additional proffer stating: o A minimum tree canopy ratio of 15% of the total RPUD district will be provided at completion of the project to be comprised of existing tree canopy preserved on the site and new tree plantings (based on canopy at 20 year maturity). Respectfully submitted, Richard A. Rife, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney FIRST AMENDED PETITION TO REZONE In the Council of the City of Roanoke, Virginia In Re: Rezoning of a tract of land lying at 3379 Colonial Avenue, S.W., Official Tax No. 1 570101 , from RS -2, Residential Single Family District, to RPUD, Residential Planned Unit Development District. To The Honorable Mayor and Members of the Council of the City of Roanoke: The petitioner, the City of Roanoke, owns land in the City of Roanoke containing 23.742 acres, more or less, located at 3379 Colonial Avenue, S.W., Official Tax No. 1570101. Said tract is currently zoned, RS -2, Residential Single Family District. A map of the property to be rezoned is attached as Exhibit One. Pursuant to Section 36.1 -690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS -2, Residential Single Family District, to RPUD, Residential Planned Unit Development District, for the purpose of a mixed use community that incorporates residential single family, residential multifamily, retain and live /work space along Colonial Avenue. The components of the development will include townhouse dwelling units, live /work studio dwelling units, commercial space, and required public infrastructure and open space. The proposed development plan is shown on the attached Exhibit Two. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's zoning ordinance and its comprehensive plan, in that it will implement a traditional neighborhood design development consisting of a mixture of residential uses and supporting non - residential uses. The planned development effectively utilizes the 23 acre site by combining single family and multifamily dwellings, along with neighborhood services in a compatible layout. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: That the development of the RPUD District will be governed by the Development Pattern Book, Colonial Green, dated February 17, 2005, and attached as Exhibit 3. 2. A minimum tree canopy ratio of 15% of the total RPUD District will be provided at completion of the project to be comprised of existing tree canopy preserved on the site and new tree plantings (based on canopy at 20 year maturity). Attached as Exhibit Four are the names, addresses and tax map numbers of the owner or owners of all lots immediately adjacent to and immediately across the street from the property to be rezoned. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. r01 Respectfully submitted this _� day of March, 2005. By: --- - - - - -- - - -- - -- - - - - -- - - -- Darlene L. am, City Manager City of Roanoke 215 Church Avenue, S.W., Room 364 Roanoke, VA 2401 1 (S40) 853 -2333 i a w w� �. • a is ro ° � \� w 4, ; �— a�' 517E OF THE PROP r,rrJ��_: %��-- `"+.u-- .N "l,'.•u SY'.L�i a •a �U /�� ^,{4 ?. COLONIAL 6REEN vl= vLLOr'MENT i �'$� Q.- .��'. _•, ,O O •A. � YC[stAaucxryaafomnJeunamow.cat I 51T tji�, •!SL , ,.. ur nn ,f °. r I � �i � �`'� r� � -n•�^ v,wJO;r: Ymr. .rwW r. a., j I rn Pit x - PAgm I-I' I • �� ,?w�! � \«"«.Sdf",�'"'. =its . s I I—I �� ^•� 9�� -��r ,�,°'i.9`a s��;,yr'r —T I •1' 'nt' ��'t` t--� �rvm.m,rwY rrcmos .oc rrrr., mu Awr. 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Official Tax Parcel: 1570137 & 1570136 s� Area to be Rezoned ® Zoning AD: Airport Dev - CG: Commercial - General - CLS: Commercial -Large Site CN: Commercial- Neighborhood - D: Downtown - 1 -1: Light Industrial - 1 -2: Heavy Industrial ® IN: Institutional INPUD: Institutional Planned Unit Dev - IPUD: Industrial Planned Unit Dev 3 MX: Mixed Use Q MXPUD: Mixed Use Planned Unit Dev R -12: Res Single - Family R -3. Res Single Family R -5. Res Single - Family R -7: Res Single - Family RA: Res - Agricultural RM -1: Res Mixed Density RM -2: Res Mixed Density / - RMF: Res Multifamily - ROS: Recreation and Open Space - UF: Urban Flex R Conditional Zoning N W +E 0 100 200 Feet "''''��CVVVCVVV------ ////// g I. `7 r:f i rr f ` CO OAS, 0+114 GgFFN IL:yJ TAXID SFHA Firm Panel Communit' Floodway Assessmen PropertyAr PropertyUs LegalDescr MailAddre! MailCity MailState MailZip LocalAddre LocalCity LocalZip Ownerl 7150105 51161COlEO130 742 0.9978 400 -Comm PARCEL 3 PO BOX 16 WINSTON ! NC 27102 3458 ORAN ROANOKE 24012 FIRST VIRG 7150106 51161COlEO130 743 2.0849 400 -Comm PARCEL 4 3914 OLD F LYNCHBUR VA 24501 1539 LYNN ROANOKE 24012 CHIEF INVE 7160101 51161COlEO130 743 1.9279 400 -Comm TRACT E -4/ PO BOX 23. DAVIDSON NC 28036 1524 PATR ROANOKE 24012 RENT -A -SPA 7160101 51161COlEO130 743 1.9279 400 -Comm TRACT E -4� PO BOX 23. DAVIDSON NC 28036 1524 PATR ROANOKE 24012 RENT -A -SPj 7160101 51161COlEO130 743 1.9279 400 -Comm TRACT E -4/ PO BOX 23, DAVIDSON NC 28036 1524 PATR ROANOKE 24012 RENT -A -SPA 7160101 51161COlEO130 743 1.9279 400 -Comm TRACT E -4/ PO BOX 23. DAVIDSON NC 28036 1524 PATR ROANOKE 24012 RENT -A -SP, 7160103 51161COlEO130 742 0.9362 400 -Comm TRACT D PO BOX 20 ROANOKE VA 24018 3530 ORAN ROANOKE 24012 STRAUSS P 7160104 51161COlEO130 742 0.8707 400 -Comm TRACT C % BADEN T FORT WAYI IN 46804 3538 ORAN ROANOKE 24012 MONRO M 7160108 51161COlEO130 743 2.5308 400 -Comm TRACT E -2 PO BOX 94, RICHMONE VA 23228 1544 PATR ROANOKE 24012 LANSING 0 7160109 51161C01E 0130 742 0.6581 400 -Comm NEW TRAC 418 FIRST 5 ROANOKE VA 24011 1530 PATR ROANOKE 24012 J &K HTCC L 7160111 51161COlEO130 743 2.7656 400 -Comm NEW TRAC' PO BOX 31 NEW BRAUTX 78131 1512 PATR ROANOKE CENTRAL R 7160112 51161COlEO130 742 1.5027 400 -Comm NEW TRAC' 3518 ORAN ROANOKE VA 24012 3518 ORAN ROANOKE 24012 ARELLANO 7160114 51161C01E 0130 742 0.5001 140 -Comm NEW TRAC' 418 1ST ST ROANOKE VA 24011 0 PATRICK ROANOKE MCE OWNI Owner2 Zoning FIRST VIRG CG CHIEF INVE CG RENT -A -SP, 1 -1 RENT -A -SP, 1 -1 RENT -A -SP, 1 -1 RENT- A- SP, 1 -1 STRAUSS P CG MONRO M CG LANSING 01 -1 J &K HTCC L CG CENTRAL R CG ARELLANO CG MCE OWNI CG Assessmen LanclValue ImprovemETotalValue YearBuilt BuildingTyKStories 01/01/202,430300 401300 831600 1983 Bank:001 1 01/01/202,290400 415900 706300 1989 Small Shop 1 01/01/202,189000 643900 832900 1986 Mini Warel 1 01/01/202,189000 643900 832900 1986 Mini Warel 1 01/01/202,189000 643900 832900 1986 Mini Warel 1 01/01/202,189000 643900 832900 1986 41 Newer 11.0 01/01/2021403700 582800 986500 1982 Fast Food F 1 01/01/202,375500 282600 658100 1992 Auto Servic 1 01/01/2021248100 680600 928700 1985 WarehousE1 01/01/202,94600 541500 636100 1985 Day Care F;1 01/01/2021289000 269800 558800 2002 Distributioi 1 01/01/202,540000 913400 1453400 1989 Resturant:(1 01/01/202171900 0 71900 ExteriorDe: FinishedSiz Foundatior STRUCTUR LowerSplitl LowerFinisl TotalRoom TotalBedro 2660 Wood Fran 0 11264 0 7000 Fire Resistz 0 15000 Fire Resistz 0 6000 Fire Resistz 0 Brick veneE 2638 Full Bsmt Wood frarr 0 0 6 3 3130 Fire Resistz 0 4488 Fire Resistz 0 28080 0 9761 0 5747 0 7199 Fire Resistz 0 Attic AtticFin BasementP BasementF RoofStyle None 1 None 2 None 2 None 2 None 2 None 0 2638 1000 Gable None 1 None 1 None 2 None 2 None 2 None 1 RoofCover HeatingTyp CentralAir Two Fixture Three Fixtui FourFixtur( Five Fixture AttachedG; DetachedG AttachedCz Base mentC Enclosed Pc 2660 sf N 0 sf N 0 sf N 0 sf N 0 sf N Comp sh tc Forced hot Y 0 2 0 0 0 0 sf N 4488 sf N 28080 sf N 9761 sf N 5747 sf N 7199 sf N OpenPorch WoodDeck Otherlmpr( Otherlmpri Otherlmpri Otherlmpr( LastSaleDa LastSaleAmt Bank Vault Automatic Commerciz Drive Up - 106/15/198 0 Industrial T 12/09/201,1800000 08/15/198:155000 08/15/198'155000 08/15/198'155000 272 0 08/15/198:155000 Commerciz Drive Up - ` 10/31/2010 07/25/200:205000 Loading Do Industrial T 03/27/1990 Commerciz 11/01/201.0 08/14/200 232500 81 Cold Storaf Cold Storaf Commerciz 08/02/200'0 05/22/201,69000 The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - PDB Attn Tina Carr RECEIVED 215 CHURCH AVE ROOM 166 FEB 10 2020 ROANOKE, VA 24011 CITY OF RUANOKE PLANNING BUILDING & DEVELOPMENT Account Number 6011439 Date February 04, 2020 Date Category Description Ad Size Total Cost 02/13/2020 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 105L 1,027.60 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE An was published in said newspapers on the following dates: 01/26, 02/04/2020 The First insertion being given ... 01/28/2020 Newspaper reference: 0001056053 Billing Representative Sworn to and subscribed before me this Tuesday, February 4, 2020 Notary Public State of Virginia Kimberly B. Hank City/County of Roanoke Commonwealth of Virglnis Notary Registration Number 356753 My Commission expires ,,,,_ • 9 c p& aouwy 31, 2021 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE Any public hearings advertised herein Will be held in the City Council Chamber, fourth floor. Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any applications will be available for review in Planning, Building, & Development, first floor, Room 170, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Naming Commission will hold a public hearing on February 10. 2020. at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters: Application by Progress Street Builders, Inc., to amend the planned unit development plan and repeal certain conditions proffered as part of a previous rezoning for property located at 3833 and 3837 Colonial Green Circle, Official Tax Map Nos. 1570137 and 1570136, respectively. The conditions proposed for repeal, adopted through enactment of Ordinance 36998 -032105, restrict the development to the Development Pattern Book Colonial Green, dated February 17, 2005, and require a particular tree canopy at the completion of the project The proposed amendment to the planned unit development plan includes an increase in density from two dwelling units to three dwelling units. The land use categories permitted in MXPUD District include residential; accommodations and group living; commercial; warehousing and distribution; assembly and entertainment; public, institutional, and community; transportation; utility; agricultural; and accessory, with no maximum density specified, and floor area ratio as specified on the Development Plan. The comprehensive plan designates the properties for mixed residential use with no maximum density or floor area ratio specified The proposed use of the property is mixed residential. Application by Central Razor, LLC, to rezone property located at 1512 Patrick Road NE, Official Tax Map No. 7160111, from CG, Commercial - General District, to 1 -1, Light Industrial District, with conditions. The land use categories permitted in 1 -1 include residential; commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory, with no maximum density specified and a maximum floor area ratio of 2.0. The comprehensive plan designates the property for general commercial with no maximum density or floor area ratio specified. The proposed use of the property is ice manufacturing. Tina M. Carr, Secretary, City Planning Commission City CouncN will hold public hearings on the aforesaid matters on February 18, 2020, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Citizens are advised that the date on which these matters will be heard is a departure from the usual date on which such matters are heard by City Council. Any person with a disability requiring any special accommodation to attend or participate In the public hearings should contact the City Clerk's office at (54o) 853.2541 at least five days prior to the scheduled public hearings. (1056053) �J PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any applications will be available for review in Planning, Building, & Development, first floor, Room 170,215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold a public hearing on February 10, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters: Application by Progress Street Builders, Inc., to amend the planned unit development plan and repeal certain conditions proffered as part of a previous rezoning for property located at 3833 and 3837 Colonial Green Circle, Official Tax Map Nos. 1570137 and 1570136, respectively. The conditions proposed for repeal, adopted through enactment of Ordinance 36998 - 032105, restrict the development to the Development Pattern Book, Colonial Green, dated February 17, 2005, and require a particular tree canopy at the completion of the project. The proposed amendment to the planned unit development plan includes an increase in density from two dwelling units to three dwelling units. The land use categories permitted in MXPUD District include residential; accommodations and group living; commercial; warehousing and distribution; assembly and entertainment; public, institutional, and community; transportation; utility; agricultural; and accessory, with no maximum density specified, and floor area ratio as specified on the Development Plan. The comprehensive plan designates the properties for mixed residential use with no maximum density or floor area ratio specified. The proposed use of the property is mixed residential. Application by Central Razor, LLC, to rezone property located at 1512 Patrick Road NE, Official Tax Map No. 7160111, from CG, Commercial - General District, to I -1, Light Industrial District, with conditions. The land use categories permitted in 1 -1 include residential; commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory, with no maximum density specified and a maximum floor area ratio of 2.0. The comprehensive plan designates the property for general commercial with no maximum density or floor area ratio specified. The proposed use of the property is ice manufacturing. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid matters on February 18, 2020, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Citizens are advised that the date on which these matters will be heard is a departure from the usual date on which such matters are heard by City Council. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Cecelia F. McCoy, CMC, Acting City Clerk r Icasc puvusn in newspaper on t uesday, January 28, 2020, and Tuesday, February 4, 2020. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Planning Coordinator Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 540/853 -1730 tina.carr;c roanokeva.gov_ Please send affidavit of publication to: Cecelia F. McCoy, Acting City Clerk City of Roanoke 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540.`853 -2541 CECELIA F. MCCOY, ChIC Acting City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerkC roanokeya.goy February 4, 2020 Eric S. Sallee, Co -Owner Progress Street Builders, Inc. 200 Professional Park Drive Suite 6 Blacksburg, Virginia 24060 Dear Mr. Sallee: CECELIA T. WEBB, ChIC Assistant Depute Cih Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, February 10 at 1:30 p.m. in the City Council Chamber, Fourth Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Progress Street Builders, Inc., to amend the planned unit development plan and repeal certain conditions proffered as part of a previous rezoning for property located at 3833 and 3837 Colonial Green Circle, respectively. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Tuesday, February 18 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on Monday, February 10. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Cecelia F. McCoy, CMC Acting City Clerk Enclosure c: Tina Carr, Secretary, City Planning Commission CECELIA F. NICCOV, ChIC Acting Cite Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(n roanoke%a.gox Progress Street Builders, Inc. IBAG LC Colonial Green, LC Colonial Green Homeowners Association Steven J. Cronemeyer Lisa Karen Bazzarre Ladies and Gentlemen: February 4, 2020 CECELIA T. WEBB, CHIC Assistant Deputy Cite Clerk PSBI LC Leigh H. Schaben L & P Mclennan Limited Partnership Timothy N. Klein Catamount Properties, LLC Susan N. Newton A public hearing has been advertised to be heard by the City Planning Commission on Monday, February 10 at 1:30 p.m. in the City Council Chamber, Fourth Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding the request of Progress Street Builders, Inc., to amend the planned unit development plan and repeal certain conditions proffered as part of a previous rezoning for property located at 3833 and 3837 Colonial Green Circle, respectively. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Tuesday, February 18 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on February 10. This letter is provided for your information as an interested party and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Cecelia F. McCoy, CIVIC Acting City Clerk Enclosure c: Tina Carr, Secretary, City Planning Commission Zon V s5 ' el 6- t, W, t �1'1y Department of Planning, Building and Development Room 170, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Click Here to Print Filing Date: 12/30/2019 Submittal Number: Original Application Ell ❑ Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Address: 13833 and 3837 Colonial Green Circle ❑x Amendment of Proffered Conditions ❑x Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Official Tax No(s).: 11570137 & 1570136 Existing ❑ Without Conditions Ordinance 36998 - 032105 Zoning: MXPUD, Mixed Use Planned Unit Developi ❑X With Conditions No(s). (If ❑x Planned Unit Development applicable): Requested ❑ Without Conditions Proposed Dwelling, Rowhouse Zoning: MXPUD, Mixed Use Planned Unit Developi ❑ With Conditions Land Use: ❑x Planned Unit Development Name: Progress Street Builders, Inc. Phone Number: 5408182659 Address: 200 Professional Park Dr, Suite 6, Blacksburg Va 24060 E -mail: [Eric.Sallee@ProgressStreet.cor 6"'_1 Eric S Sallee, co —owner Progress Street Builders Property Owner's Signature: Name: Address: Applicant's Signature -. Name: Address: Authorized agents S,gnatum Phone Number: E -mail: Phone Number: E -mail: Zoning Amendment Application Checklist The following must be submittedfor all applications: Fx- Completed application form and checklist. Fx- Written narrative explaining the reason for the request. F- Metes and bounds description, if applicable. Filing fee. For a,rezoning not otherwise listed, the following must also be submitted: F- Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. For a conditional rezoning,,the following must *also be submitted: F- Written proffers. Seethe City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as 'development plan' if proffered. For a planned unit development,.the following must also be submitted: F Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. For a comprehensive 'sign overlay.district, the following must be submitted: F- Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. For an amendment of proffered conditions, the following must also be submitted: Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, if applicable. F- Written proffers to be amended. See the City's Guide to Proffered Conditions. F- Copy of previously adopted Ordinance. For a planned unit development amendment, the following must also be submitted: Ix Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. fx Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment, the following must also be submitted: F- Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance. F- Copy of previously adopted Ordinance. For a proposal that requires a traffic impact study be submitted to the City, the following must also be submitted: F- A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. For a proposal that requires a traffic impact analysis be submitted to VDO', the following must also be submitted:` F- Cover sheet. F- Traffic impact analysis. F- Concept plan. F- Proffered conditions, if applicable. F- Required fee. 'An electronic copy of this application and checklist can be found at www. roanokeva .gov /planningcommission. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. Narrative — Planned Development Amendment - Colonial Green lots 3 and 4 Progress Street Builders Our Proposed amended development plan would amend the Colonial Green MXPUD for lots 3 and 4 in the following way: 1. Switch unit types from attached single family Crescent Homes to attached single family Rowhouse units 2. Increase the density of Rowhouse units by 3 units and decrease the density of Crescent Home lots by 2 units, for a total density change of 1 additional Unit. Progress Street Builders, Inc., as a builder - partner to the development company Colonial Green LC, has been involved with the Colonial Green development since the earliest phases of project planning and rezoning proposal, beginning in 2001. Our company both designed and constructed all the existing residential units in the development. We seek to change the approved unit type and number of units associated with existing lots 3 and 4, which are currently approved for one (1) Crescent home per lot. The rowhouse units envisioned would be approximately 20 feet wide, for a total of 60 feet of building width for three rowhouse units versus the two planned 30 foot wide Crescent units with an identical total building width of 60 feet. The row house unit depth would be very similar to the Crescent home unit type depth of 40 feet resulting in an almost identical before and after total building footprint. During the time we have been planning, designing and constructing attached units at Colonial Green the market has changed and in the current market environment we find the smaller rowhouse unit type to be more marketable than the larger Crescent home unit type. Our request would increase the density by one (1) unit over the existing density. In our opinion one additional unit would have no marked negative effect on the other residents or surrounding community. Request for Repeal of Proffered Conditions The applicant hereby requests that the following proffered condition(s) enacted by Ordinance No. 36998 - 032105 be repealed as it /they pertain(s) to Official Tax No(s). 1570136 and 1570137: proffered conditions: 1. That the development of the RPUD District will be governed by the Development Pattern Book, Colonial Green, dated February 17, 2005 and attached as Exhibit 3. 2. A minimum tree canopy ratio of 15% of the total RPUD District will be provided at completion of the project to be comprised of existing tree canopy preserved on the site and new tree plantings (based on canopy at 20 year maturity). NOTE: THE DEVELOPMENT OF THE PROPERTY SHALL BE GOVERNED BY "DEVELOPMENT PATTERN BOOK; COLONIAL GREEN ", DATED FEBRUARY 17, 2005 (ATTACHED AS EXHIBIT 1). EXISTING 20' PUBLIC WATERLINE EASEMENT ROANOKE CITY M.B. 1 PGS. 2768 & 2769 (72.06' SITE PLAN N 31'38'29" E N 22'25'35" E 11.28 - 50.22 20' -0" REAR YARD SETBACK SCALE: V - 20' -- 21.83' , LOT 3 I0,149 A R - 6471.97 SF \ - 1 LOT COVERAGE = 37% FLOOR AREA RATIO = .925 � 1 I 1 3 \ 01 N 0.149 AC. 5' -0" SIDE YARD SETBACK ` EXISTING LOT 4: 3833 COLONIAL GREEN CIRCLE; Y 1 � \ TAX PARCEL 1570137 OLs, v 1 � 1 I 1 EXISTING LOT 3: 3837 COLONIAL GREEN CIRCLE; TAX PARCEL 1570136 O C6 ASPHALT DRIVE (TYP) \A S q� CD cl }a s O¢ Ly /-p 0 W J m 0 L S L IL C� r� cc `JT bl W � c o Q) r:^^- tA" BY: SIGNED BY: IECKED BY: RE: --. M — VISKNIS ALE: .. — EEY No. X1.1 Development Pattern Book r r Colonial Green A Traditional Neighborhood Development Roanoke, Virginia Revised February 17, 2005 M x z W USE OF THIS PATTERN BOOK Colonial Green Development Pattern $ooh This pattern book is intended to provide homeowners and other interested parties with important housing and dcu-form.ation on Colonial Green. The developers of Colonial Green have adopted ! vr.lopment In addition to this book' the homeowner sizould reference CGreen Green Horne of and architectural standards for the conZimmity. restrictions. The photographs and sketches shown provide examples of some of Ro �� construction in Colonial Green will draw from this i Homeowners Hers Association traditional arc ite property deed anokc s best traditional details sho The new Photographs. nspiration, Uut will not necessarily replicate the exact details stiowz) in the Colonial Green Development Pattern Book VISION FOR A NEW NEIGHBORHOOD Inspired by the patterns of Roanoke's early 20th Century pedestrian- friendly neighborhoods, Colonial Green successfully integrates traditional neighborhood home designs and development patterns with the scenic character and resources of the site. By combining reliable traditional design principles with new technology and materials, Colonial Green will become one of Roanoke's most vibrant and desirable new neighborhood locations. Designed around a common green, the neighborhood provides a variety of housing types including single family houses, townhouses and multi family housing. 3 Colonial Green Development Pattern $oolz A NEW NEIGHBORHOOD DESIGNED IN THE ROANOKE TRADITION Roanoke is endowed with a number of vibrant neighborhoods designed during the first quarter of the 20f'' century. Man older neighborhoods were influenced by the foresight of renowned landscape architect and planner, john Nolen who sty of these development of Roanoke during ts earl studied the g y years and prepared the City's early Comprehensive Plans in 1907 and 1928. Nolen's careful neighborhood planning and contextual design principles continue to inspire citizens, governmental officials, developers to create livable communities that promote quality architecture, harmony with the natural envirom -nent rox .1t to schools, parks and support services, and attractive public facilities and spaces. claw proximity pROpE( -TV D�Vf:-t-- QpMENT A DCVE�QPMt�NT �S ORT[rd A SUCC;,S; 0CQ LAILUQE D ;PrNDING ON wNCTNLQ O < NOT T14L TWEETS _ IWQP- LLNDS ITSELr r0 ' �f✓ TOPQG2AD�JY R�I_ATION BETw[ EN IT AND TNT. AaJOIN rJ�12p�0DERTY A TO iuE CfTY FP0P000Ur =gr2C SYST>_M II AND SUOULU 5L CAf2EF-:F LOCnTED AND APOUS LJI!r wisELV QESrPICTED AL` SUbl'"1SIONS SHOULD SUWECT TO MUNICIPAL SUP QVISIOP� 4 TUB NFLGLCCTfD SIDE �> 4 WLL —A RCSULT 0, P002 ' J DLANNINC, SUBSCOUCNT / LOSS TO CITY PROPQTY _1_il l OWNER AND DrVCL0DQ2 QAMDLG'S 01C MIXMUSL /A 06VGLODAfCNTS •* 7{�6� . � NG TIC TW4; TOEODSC�Q F r,F -I , 'Volen Design Elements front 1928 Comprehensive Plan The developers of Colonial Green are committed to creating ji neighborhood that sets a new standard for attractive, high-quality to residents of all ages. As seen in many of olen ssearly nei is Iboyhool 5 �, hood. plans, Colonial Green radiates from a large green that forms the c-nre of the neighborhood. This "tear- drop" shaped green provides common open space and provides the foreground for dramatic views of the distant ridges. Pedestrian amenities throughout the neighborhood include tree -lined streets and sidewallcs that link common areas and residential l-iomes. The architectural themes of the homes in the neighborhood reflect some of Roanoke's most popular styles - Colonial Revival, Tudor, Craftsman and Folk Victorian. 4 Colonial Green Development Pattern Book HOUSING TYPES The Colonial Green neighborhood offers four different housing types: cottages, crescent homes, rowhouses, and multi - family housing. These different types of residential living are described in the following paragraphs. For each of these four housing options, specific site development standards, materials, and colors have been adopted. Architectural styles also have been selected for Colonial Green that are representative of Roanoke's traditional architecture. Cottages Single family cottage lots are centrally located in the community. All of the cottage lots slope toward the southeast, providing sunny spaces in the backyards and kitchen areas. Alleys are provided behind the houses so that service activities can be oriented toward the backyards. All driveways, parking and garages are in the rear in accordance with preferred traditional neighborhood design principals. Adopted design standards ensure that backyards are attractive and the neighborhood character is preserved. Crescent Homes and Rowhouses Two. additional styles of homes are planned in separate groupings in the neighborhood. Crescent Homes are clustered at the top of the northern ridge to take advantage of the spectacular panoramic vistas of the valley and the common green. These prestigious homes are destined to become some of the most desirable in the community. Rowhouses offer a second housing option for residents and are sited along the southern borders of the community. The Rowhouses will serve to create a link to familiar urban settings with their traditional facades, tree -line sidewalks, and classical compositions. Various parking arrangements will be available to homeowners. Multi family Housing Condominium or apartment buildings are sited in traditional "U- shaped" and "I- shaped" arrangements along the western edge of the site and focus around the common green and a central courtyard. One, two and /or three bedroom units are contained within several three and four -story buildings sited to fit the contours of the property and take full advantage of the views to the east and south. Resident parking is located underneath the residential housing for convenience, security and increased yard spaces. Mixed Residential and Commercial Space Multi -story buildings adjacent to Colonial Avenue offer flexible, mixed -use space for residents desiring close proximity to businesses and neighborhood commercial services. Housing can be provided on the upper floors with commercial uses such as boutiques, ice -cream shops, and other businesses provided on the first floor. Opportunities for small offices exist on both the main and upper floors. Residents may find this shared residential - commercial space an ideal location for a business - living arrangement. E CECELIA F. IIICCOY, CJIC City Clerk Johnny Cornwell Holiday Ice, Inc. 1200 Progress Road Suffolk, Virginia 23434 Dear Mr. Cornwell: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerks roanokeva.gov February 19, 2020 CECELIA T. WEBB, CIN1C Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 41677- 021820 to rezone certain property located at 1512 Patrick Road, N. E., from CG, Commercial - General District, to 1 -1, Light Industrial District, subject to a certain condition proffered by the applicant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 2020, and is in full force and effect upon its passage. Sincerely, 04t.414;t, J. V*/Cst Cecelia F. McCoy, CMC City Clerk Enclosure PC.. Robert Monsour, Central Razor, LLC, 3031 Shenandoah Valley Avenue, Roanoke, Virginia 24012 First Virginia Bank Southwest, P. O. Box 167, Winston Salem, North Carolina 27102 Chief Investments, LLC, 3914 Old Forest Road, Lynchburg, Virginia 24501 Rent -A -Space 460, Inc., Post Office Box 2344, Davidson, North Carolina 28036 Rent -A -Space 460, Inc., Post Office Box 20287, Roanoke, Virginia 24018 Monro Muffler Brake, Inc., c/o Baden Tax Management, LLC, Fort Wayne, Indiana 46804 Lansing of Roanoke, LLC, Post Office Box 9489, Richmond, Virginia 23228 J & K HTCC, LLP, 418 First Street, S. W., Roanoke, Virginia 24011 Central Razor, LLC, Post Office Box 311220, New Braunfels, Texas 78131 Arellano Orange, LLC, 3518 Orange Avenue, N. E., Roanoke, Virginia 24012 Johnny Cornwell February 19, 2020 Page 2 MCE Owner Occupied, LLP, 418 1st Street, S. W., Roanoke, Virginia 24011 The Honorable Brenda Hamilton, Circuit Court Clerk Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager for Community Development Christopher Chittum, Director, Planning Building & Development Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Tina Carr, Secretary, City Planning Commission Susan Lower, Director of Real Estate Evaluation Luke Pugh, City Engineer Katharine Gray, City Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2020. No. 41677- 021820. AN ORDINANCE rezoning certain property located at 1512 Patrick Road, NE, from CG, Commercial- General District, to I -1, Light Industrial District, subject to a certain condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Robert Monsour, on behalf of Central Razor, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the property located at 1512 Patrick Road, NE, bearing Official Tax Map No. 7160111, rezoned from CG, Commercial- General District, to I -1, Light Industrial District, subject to a certain condition; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on February 18, 2020, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public Rezone with proffers - 1512 Patrick Rd.doc I necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, is hereby amended to reflect that Official Tax Map No. 7160111, located at 1512 Patrick Road, NE, be, and is hereby REZONED from CG, Commercial - General District, to I -1, Light Industrial District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment, Original Application, dated December 30, 2019. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. Rezone with proffers - 1512 Patrick Rd.doc 2 CITY COUNCIL AGENDA REPORT r To: Honorable Mayor and Members of City Council Meeting: February 18, 2020 Subject: Application by Central Razor, LLC, to rezone property located at 1 512 Patrick Road NE, Official Tax Map No. 71601 1 1 , from CG, Commercial - General District, to 1 -1 , Light Industrial District, with conditions. Summary: The Planning Commission held a public hearing on February 10, 2020. By a vote of 6 -0, with Commissioner Katz absent, the Commission recommends approval of the rezoning request, finding that the Original Application is consistent with the City's Comprehensive Plan, Hollins /Wildwood Neighborhood Plan, and Zoning Ordinance. Application Information: Request: Rezoning with conditions Applicant: Holiday Ice, Inc. /Johnny Cornwell Owner: Central Razor, LLC /Robert Monsour Agent: None City Staff Person: Brittany Gardner, City Planner Address: 1 512 Patrick Rd NE Official Tax Nos.: 71601 1 1 Site Area: +/- 2.7656 acres Relevant Plans: Hollins /Wildwood Neighborhood Plan Proposed Land Use: Ice Manufacturing and distribution Future Land Use: General Commercial Filing Date: Original Application: December 30, 2019 Background: Holiday Ice, Inc., has been leasing the subject property from Central Razor, LLC, for packaged ice storage and distribution for the past 17 years. Prior to 2002, the property was vacant. Holiday Ice, Inc., is under contract to purchase the property and wishes to expand their operations to include ice manufacturing. The subject property is bordered by Commercial General and Light Industrial zoned parcels. Surrounding uses include restaurants, a building supply company, collision repair center, and a daycare. The subject property is well screened with trees from the majority of neighboring uses. Proposed Use /Development: The Applicant wishes to build a 50' x 90' addition to the existing building to allow for ice manufacturing in addition to its current storage and distribution operations. The Applicant has proffered the following condition for the entire parcel: 1. The property shall be used only for the following uses: The following uses which are permitted of right in zoning 1 -1. Commercial Uses: Office and Related Uses • Business service establishment, not otherwise listed • Employment or temporary labor service • Financial Institution • Laboratory, dental, medical, or optical • Laboratory, testing and research • Office, general or professional Commercial Uses: Miscellaneous • Caterer, commercial • Studio /multimedia production facility Commercial Uses: Retail Sales and Service • Bakery, confectionary, or similar food production, retail • Building supplies and materials, retail • Commercial motor vehicle rental establishment • Commercial motor vehicle sales and service establishment, new • Commercial motor vehicle sales and service establishment, used • Contractor or tradesman's shop, general or special trade • Dry cleaning and laundry pick up station • General service establishment, not otherwise listed • Internet sales establishment • janitorial services establishment • Motor vehicle rental establishment, without inventory on -site • Motor vehicle rental establishment, with inventory on -site • Nursery or greenhouse, commercial • Recreational vehicle or boat sales • Storage building sales 2 Industrial Uses • Bakery, confectionary, or similar food production, wholesale • Building supplies and materials, wholesale • Commercial printing establishment • Dairy products, processing, bottling, and wholesale distribution • Electrical component assembly, wholesale distribution • Manufacturing: Beverage or food processing, excluding poultry and animal slaughtering and dressing • Manufacturing: General, not otherwise listed in this table • Towing service • Welding or machine shop • Workshop Warehousing and Distribution Uses • Distribution center, not otherwise listed • Self- storage building • Self- storage facility • Storage of commercial motor vehicles • Storage of motor vehicles for rental (no on -site rental or leasing facility) • Warehouse Assembly and Entertainment Uses • Eating establishment • Eating and drinking establishment, not abutting a residential district • Health and fitness center • Microbrewery or microdistillery • Park or playground • Recreation, indoor • Theater, movie or performing arts Public, Institutional, and Community Uses • Artist studio • Community garden • Educational facilities, business school or nonindustrial trade school • Educational facilities, industrial trade school • Educational facilities, school for the arts • Fire, police, or emergency services • Government offices or other government facility, not otherwise listed • Military reserve or National Guard center • Post office • Supply pantry • Training facility for police, fire, or emergency services Transportation Uses • Bus maintenance, including repair and storage • Limousine service • Parking, off -site • Taxicab business Utility Uses • Broadcasting studio or station • Utility distribution or collection, basic • Utility distribution or collection, transitional • Utility maintenance and service facility • Wireless telecommunications facility, small cell on existing structure • Wireless telecommunications facility, stealth Agricultural Uses • Agricultural operations Accessory Uses • Accessory uses, not otherwise listed in this Table • Portable storage container • Recycling collection point 3 Considerations: Compatibility with Surrounding Land Uses: The use of ice manufacturing is compatible with the surrounding commercial and industrial land uses. Adjoining properties include a building supply company, collision repair center, and restaurant. The only use of concern is a daycare located on adjacent parcels behind the subject property. However, Holiday Ice has been operating next to the daycare since it was established. While the new use of ice manufacturing will be added to the current uses of storage and distribution, traffic will be reduced, as trucks will no longer bring shipment to the site. The two uses are well screened from one another with a row of trees. The screening does not extend to the daycare's offsite playground. However, the playground was built after Holiday Ice's operations were well established. The proposed manufacturing addition will be located behind the current screening and not be in view of the unscreened playground. In addition, there are existing deciduous trees between the subject property and the property fronting on Orange Avenue that helps screen this use from the nearby thoroughfare. Applicability /Appropriateness of Proposed Zoning District: The proposed change in zoning district is appropriate and compatible with the surrounding area. The property is located in an area with both commercial and industrial zoned properties. Several nearby parcels have already been rezoned from Commercial - General to 1 -1 with landscaping conditions. The applicant has also proposed a list of permitted uses as a proffered condition. These uses remove a number of more intensive uses that otherwise might not be compatible with the commercial nature of the area. Additional landscaping and screening requirements in the zoning ordinance will also ensure that current uses will be protected from future disturbance associated with the change in zoning. Availability of Other Property There are a number of privately owned 1 -1 lots within the area. A few of these lots are currently vacant but have odd lot shapes or lack right -of -way access. While there are some other available lots, the applicant has been operating Holiday Ice at their current location for the past 17 years. The business is well established and growing to include facilities for onsite ice manufacturing. Consistency with Comprehensive Plan: Both Vision 2001 -2020 and the Hollins /Wildwood Neighborhood Plan recognize the value of appropriate development and economic growth. Policy /Action Plan I Applicability to Matter Economic Development Policies Hollins Wildwood Rezoning to 1 -1 will allow • Commercial Corridors: Neighborhood Holiday Ice, Inc., the ability Commercial areas should Plan', pg. 48 to expand and increase use accommodate competitive of the property, with no businesses that have aesthetic increased impact on and functional compatibility neighboring properties. with adjoining residential areas. • Industrial Districts: Industrial uses should have sufficient land to operate, • and have a minimal impact on adjoining properties Economic Development Actions Hollins Wildwood Rezoning will allow Holiday • Orange Avenue: Maintain Neighborhood Ice, Inc., to remain in their commercial zoning that will Plan, pg. 48 current location and to use retain existing businesses and the land more efficiently. attract new establishments • Maximize Use of Existing Commercial Districts: Avoid further expansion of commercial districts to encourage quality development and more efficient use of land in existing districts. Quality of Life Principles Hollins Wildwood Rezoning to 1 -1 will allow • Commercial /Industrial Neighborhood more uses on the property, Development: Commercial and Plan, pg. 52 but the proffered conditions industrial development should will limit those uses so as be economically viable without not to affect quality of life threatening the environment for neighboring residents. and high quality of life of the The proposed addition will area. also be screened from adjacent parcels. Economic Development Policies Comprehensive The proposed rezoning will • Economic base. Roanoke will Plan', pg. 59 allow expansion of business have a sustainable, diverse to include manufacturing as economic base that supports part of Roanoke's economic target industries in base. biotechnology, optics, information technology /software, transportation - related manufacturing and services, and supporting business services. ' Hollins / Wildwood Neighborhood Plan, City of Roanoke ' Vision 2001 -2020, City of Roanoke, 2001 5 Comments on Application: Planning Commission Work Session: The following was recommended after the January 15, 2020, Planning Commission Work Session. 1) The subject property is screened by trees along its boundary with HoneyTree's main building on parcel 7060109. An associated playground on parcel 7160114 also shares a boundary with the subject property, but is not screened. This may be due to the addition of the playground post development of the subject property. The applicant may wish to reassess the screening on the parcel with consideration to the neighboring playground use. During the work session, Commissioners asked if there had been any comments from the public and if the applicant had spoken to the neighbors. The applicant responded that they had notified the neighbors, including HoneyTree, and the neighbors had not expressed concern over the rezoning request. Interdepartmental Comments: General comments were provided from the Fire Marshal's Office, the West Virginia Water Authority, and the Planning, Building and Development Department related to the site development process. Public Comments: No public comments were received. Public Hearing: There was no comment from the Planning Commission or public on the matter. Conclusions and Recommendations: The proposed development and resulting request for a change in zoning to 1 -1 is consistent with the Comprehensive Plan and Hollins /Wildwood Neighborhood Plan. The City supports expansion of business and efficient land use that is compatible with the surrounding neighborhood. While 1 -1 is a less restrictive zoning district, the conditions proffered by the applicant remove the most intensive uses and uses incompatible with the neighborhood. The proposed building addition will be located behind current screening trees provided by the applicant. Additional screening and buffering requirements in the zoning ordinance will ensure any potentially obtrusive future uses will be properly shielded. Additionally, traffic will be reduced, as incoming ice shipments will no longer be needed. �Mpl� 13. A 6 Karri B. Atwood, t7q,)" City Planning Commission Enclosure: Attachment A, Zoning District Map Distribution: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Johnny Cornwell, Applicant N ZONING DISTRICT MAP 1612 Patrick Rd. NE Official Tax Parcel: 7160111 ®Arta to " Rtzoreo Zoning AD Air port Dev CG Commercia4Gtreral - CLS ComrneraaLLargt Sea :$ GN. Commercial - Neighborhood - D: Downtown - 41 Light Industrial - L2 Hlavy Industrial N Institutional QNPUD Insteutional Planniid Unit Dev - PUD Inoustrial Plonnad Une Dev AOC.Mixed Use, QKV(PUD Moced Ust Planned Und Dev R.12 Ras Singlt -Family R -3 Res Single -Family R -S Res S"I*- Family R -7 Res Single-Family RA Res - Agricultural RRf -1 Res Mixed Density e Conditional Zoning 0 100 200 Feet N A Attachment A RAf -2 Res Mixed Dorsey RMF Res Multifamily ROS Reweation and Ofxn Space i_ OF L40an Floc e Conditional Zoning 0 100 200 Feet N A Attachment A First Virginia Bank Southwest Chief Investments, LLC Rent -A -Space 460, Inc. P. O. Box 167 3914 Old Forest Road Post Office Box 2344 Winston Salem, North Carolina Lynchburg, Virginia 24501 Davidson, North Carolina 28036 27102 Rent -A -Space 460, Inc. Post Office Box 20287 Roanoke, Virginia 24018 J & K HTCC, LLP 418 First Street, S. W. Roanoke, Virginia 24011 MCE Owner Occupied, LLP 418 1 st Street, S. W. Roanoke, Virginia 24011 Monro Muffler Brake, Inc. Lansing of Roanoke, LLC c/o Baden Tax Management, LLC Post Office Box 9489 Fort Wayne, Indiana 46804 Richmond, Virginia 23228 Central Razor, LLC Post Office Box 311220 New Braunfels, Texas 78131 Jr 1 2 Pa;h-1c.K mood N E Arellano Orange, LLC 3518 Orange Avenue Roanoke, Virginia 24012 CITY OF ROANOKE - PDB Attn Tina Carr 215 CHURCH AVE ROOM 166 ROANOKE, VA 24011 The Roanoke Times Account Number Roanoke, Virginia 6011439 Affidavit of Publication Date RECEIVED February 04, 2020 FEB 10 2020 CITY OF RUANOKE PLANNING BUILDING & DEVELOPMENT Date Category Description Ad Size Total Cost 02/13/2020 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 105L 1,027.60 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE An was published in said newspapers on the following dates: 01/28, 02104/2020 The First insertion being given ... 01/28/2020 Newspaper reference: 0001056053 Billing Representative Sworn to and subscribed before me this Tuesday, February 4, 2020 Notary Public Kimberly B. HW* State of Virginia NOTARY PUBLIC City /County of Roanoke Commonwealth of Vhginle Notary Registration Number 356753 My Commission expires r =M,ea1— cvpi -t lanuar1 31, 2021 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE Any public hearings advertised herein will be held In the City Council Chamber, fourth floor, Room 4% Noel C. Taylor Municipal Building, 215 Church Avenue, S-W, Roanoke, Virginia. Any applications will be available for review in Planning, Building. & Development, first floor, Room 170, 215 Church Avenue, S.W., Roanoke, Virginia. The City Of COmml3d0n will hold aa�public hearing on February 10, 2020, at 130 P.M. or as soon thereafter as the matters may be heard, to consider the following matters: Application by Progress Street Builders, Inc., to amend the planned unit development plan and repeal certain conditions proffered as part of a previous rezoning for property located at 3833 and 3837 Colonial Green Circle, Official Tax Map Nos. 1570137 and 1570136, respectively, The conditions proposed for repeal, adopted through enactment of Ordinance 36998 -032105, restrict the development to the Development Pattern Book, Colonial Green, dated February 17, 2005, and require a Particular tree canopy at the completion of the project The Proposed amendment to the planned unit development plan Includes an increase in density from two dwelling units to three dwelling units. The land use categories permitted in MXPUD District include residential; accommodations and group living; commercial; warehousing and distribution; assembly and entertainment; public, institutional, and community; transportation; utility; agricultural; and accessory, with no maximum density specified, and floor area ratio as specified on the Development Plan. The comprehensive Plan designates the properties for mixed residential use with no maximum density or floor area ratio specified The proposed use of the Property is mixed residential. Application by Central Razor, LLC, to rezone property located at 1512 Patrick Road NE, Official Tax Map No. 7160111, from CG, Commercial - General District, to 1 -1, Light Industrial District, with conditions. The land use categories Permitted In 1 -1 include residential; commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory, with no maximum density specified and a maximum floor area ratio of 2.0. The comprehensive plan designates the Property for general commercial with no maximum density or floor area ratio specified. The proposed use of the property is ice manufacturing. Tina M. Carr, Secretary, City Planning Commission City Cound will hold public hearings on the aforesaid matters on February 18, 2020, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor. Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W, Roanoke, Virginia. Citizens are advised that the date on which these matters will be heard is a departure from the usual date on which such matters are heard by City Council. Any Person with a disability requiring anY special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853.2541 at least five days prior to the scheduled public hearings. (1056053) PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any applications will be available for review in Planning, Building, & Development, first floor, Room 170,215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold a public hearing on February 10, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters: Application by Progress Street Builders, Inc., to amend the planned unit development plan and repeal certain conditions proffered as part of a previous rezoning for property located at 3833 and 3837 Colonial Green Circle, Official Tax Map Nos. 1570137 and 1570136, respectively. The conditions proposed for repeal, adopted through enactment of Ordinance 36998 - 032105, restrict the development to the Development Pattern Book, Colonial Green, dated February 17, 2005, and require a particular tree canopy at the completion of the project. The proposed amendment to the planned unit development plan includes an increase in density from two dwelling units to three dwelling units. The land use categories permitted in MXPUD District include residential; accommodations and group living; commercial; warehousing and distribution; assembly and entertainment; public, institutional, and community; transportation; utility; agricultural; and accessory, with no maximum density specified, and floor area ratio as specified on the Development Plan. The comprehensive plan designates the properties for mixed residential use with no maximum density or floor area ratio specified. The proposed use of the property is mixed residential. Application by Central Razor, LLC, to rezone property located at 1512 Patrick Road NE, Official Tax Map No. 7160111, from CG, Commercial - General District, to I -1, Light Industrial District, with conditions. The land use categories permitted in I -1 include residential; commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory, with no maximum density specified and a maximum floor area ratio of 2.0. The comprehensive plan designates the property for general commercial with no maximum density or floor area ratio specified. The proposed use of the property is ice manufacturing. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid matters on February 18, 2020, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Citizens are advised that the date on which these matters will be heard is a departure from the usual date on which such matters are heard by City Council. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Cecelia F. McCoy, CMC, Acting City Clerk Please publish in newspaper on Tuesday, January 28, 2020, and Tuesday, February 4, 2020. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Planning Coordinator Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 540/853 -1730 tina.carr,curoanokeva frov Please send affidavit of publication to: Cecelia F. McCoy, Acting City Clerk City of Roanoke 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540.'853 -2541 CECELIA F. NICCOY, CHIC .Acting City Clerk Johnny Cornwell Holiday Ice, Inc. 1200 Progress Road Suffolk, Virginia 23434 Dear Mr. Cornwell: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerkC roanokeva.goc February 4, 2020 CECELIA T. WEBB, CNIC Assistant Depute City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, February 10 at 1:30 p.m. in the City Council Chamber, Fourth Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Central Razor, LLC, to rezone property located at 1512 Patrick Road N. E., from Commercial - General District to Light Industrial District, with conditions. The proposed use of the property is ice manufacturing. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Tuesday, February 18 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on Monday, February 10. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Cecelia F. McCoy, CMC U Acting City Clerk Enclosure c: Robert Monsour, Central Razor, LLC, 3031 Shenandoah Valley Avenue, Roanoke, Virginia 24012 Tina Carr, Secretary, City Planning Commission CECELIA F. N1CC01', CHIC Acting City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk( roanokeva.gov First Virginia Bank Southwest Chief Investments, LLC Rent -A -Space 460, Inc. Rent -A -Space 460, Inc. Monro Muffler Brake, Inc. Ladies and Gentlemen: February 4, 2020 CECELIA T. WEBB, CMC Assistant Deputy City Clerk Lansing of Roanoke, LLC J & K HTCC, LLP Central Razor, LLC Arellano Orange, LLC MCE Owner Occupied, LLP A public hearing has been advertised to be heard by the City Planning Commission on Monday, February 10 at 1:30 p.m. in the City Council Chamber, Fourth Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding the request of Central Razor, LLC, to rezone property located at 1512 Patrick Road N. E., from Commercial - General District to Light Industrial District, with conditions. The proposed use of the property is ice manufacturing. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Tuesday, February 18 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.qov, under "Roanoke Planning Commission News ", following its meeting on February 10. This letter is provided for your information as an interested party and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, �� , �,� (n Cecelia F. McCoy, CMC Acting City Clerk Enclosure c: Tina Carr, Secretary, City Planning Commission x �t Application /� Department of Planning, Building and Development P6 2-A Q V A I 'I — o 1 4 Room 170, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Click Here to Print Roanoke, Virginia 24011 Phone'. (540) 853 -1730 Filing Date:�Uoc 30 2019 Submittal Number: JOr final Appl cation f2er es� seta i( t1kat ap -ity). ( Rezoning. Not Otherwise Listed i'l Rezoning, Conditional n Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Property lnformatiion: Address' I'1 512 Patrick Rd NE, Roanoke. VA 24012 Official Tax No(s).: 7160111 Existing Zoning: Cc,, Commercial- General Requested Zoning: 1 1, Light Industrial Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District I 1 [] Without Conditions Ordinance {] With Conditions No(s). (if ❑ Planned Unit Development applicable)- - ❑ Without Conditions Proposed Manufacturing Ice Q With Conditions Land Use. ❑ Planned Unit Development _ Property. OWner .lnfaSmatign; Name: Central Razor, LLC Robert Monsour__ Address: 1512 Patrick Rd NE, Roanoke, VA 24012 �_,�i�`��_� rho;.niy 01AW" 1r9WY— 1a_pliC3nt,pnfprnj3tion (if different from owner): .Jame: (Holiday Ice Inc, Johnny Cornwell Address: 1 Z00 Pro �t uffolk, VA 23434 Authorized fllgent 1�1fr�rft? ion if��Ppiinable)q Name: � - - -- _ - - Address; Phone Number: +1 (540) 353 -9115 E- mail irobsun @yahoo.com l Phone Number: f +1 (757) 617 -6998 E -mail; lcornwetl @holidayiceinc.com � f Phone Number, I _ l E -mail: I Zoning Amendment Application Checklist The following must be submitted for all applications: Ix Completed application form and checklist. Ix Written narrative explaining the reason for the request. I` Metes and bounds description, if applicable. I- Filing fee. For a rezoning not otherwise listed, the following must also be submitted: F- Concept plan meeting the Application Requirements of item '2(c), in Zoning Amendment Procedures. For a conditional rezoning, the following must also be submitted: Fx Written proffers. See the City's Guide to Proffered Conditions, r. Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as 'development plan' if proffered. For a planned unit development, the following must also be submitted: I Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. For a comprehensive sign overlay district, the following must be submitted: F– Comprehensive signage plan meeting the requirements of Section 36.2 - 336(4)(2) of the City's Zoning Ordinance. For an amendment of proffered conditions, the following must also be submitted: Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, if applicable. F Written proffers to be amended. See the City's Guide to Proffered Conditions. F– Copy of previously adopted Ordinance. For a planned unit development amendment, the following must also be submitted: F- Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. F- Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment, the following must also be submitted: F- Amended comprehensive signage plan meeting the requirements of Section 36.2 - 336(4) of the City's Zoning Ordinance. i— Copy of previously adopted Ordinance. For a proposal that requires a traffic impact study be submitted to the City, the following must also be submitted: F- A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. For a proposal that requires a traffic impact analysis be submitted to VDOT, the following must also be submitted: FW Cover sheet. I— Traffic impact analysis. r Concept plan. F Proffered conditions, if applicable. F- Required fee. 'An electronic copy of this application and checklist can be found at www. roanokeva .gov /planningcommission. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. Written narrative- rezoning 1512 Patrick Rd. NE in Roanoke, VA 24012 Holiday Ice, Inc. currently leases the property at 1512 Patrick Rd. NE, Roanoke, VA 24012 and uses it for packaged ice storage and distribution. The same use property has been used for the last 17 years. Holiday Ice, Inc. is currently under contract to purchase the property from Central Razor, LLC with condition that Roanoke City will rezone property from CG to light industrial. Holiday Ice, Inc. would need this rezoning for our future plans of adding a 50' x 90' addition onto existing building to allow room for us to start manufacturing ice at this location. Going from distribution to manufacturing at this property would have little to no effect on our surrounding neighbors. We currently run five 32' tractor trailers and two 24' box trucks out of this location and that number would remain the same when we switch to manufacturing. However, it would cut out four 53' tractor trailers that are currently bringing product into this location daily. Therefore, the change would actually cut down on truck traffic in this area. The only other change would be with Western Virginia Water Authority. We currently use very little water, but if allowed to rezone and manufacture ice on this property, we would use around 7 million gallons of water annually. Holiday Ice, Inc. will be going around to neighboring properties discussing our plans and answering any questions they may have. Holiday Ice, Inc. will also discuss water usage with Water Authority as well. Attached is a copy of the survey of the property and diagrams of proposed addition to the property. Concept Plan- Rezoning 1512 Patrick Rd. NE Roanoke, VA 24012 Holiday Ice, Inc. is under contract to buy the property located at 1512 Patrick Rd. NE, Roanoke, VA 24012. Tax #7160111, 2.2175 acres under the condition that we can get the property rezoned from CG to 1 -1. Holiday Ice, Inc. currently leases said property for packaged ice storage and distribution. Upon rezoning and purchasing property, Holiday Ice, Inc. would add a 50' x 90' addition to existing building and start manufacturing ice at this location at some point in the future. Please see attached survey and drawing for more details. Johnny Cornwell Holiday Ice, Inc. Proffered Conditions- Rezoning 1512 Patrick Rd. NE, Roanoke, VA 24012 PROFFERS TO BE ADOPTED ON ROANOKE CITY TAX PARCEL #7160111 1. The property shall be used only for the following uses: The following uses which are permitted of right in zoning 1 -1. Commercial Uses: Office and Related Uses * Business service establishment, not otherwise listed * Employment or temporary labor service * Financial Institution * Laboratory, dental, medical, or optical * Laboratory, testing and research * Office, general or professional Commercial Uses: Miscellaneous * Caterer, commercial * Studio /multimedia production facility Commercial Uses: Retail Sales and Service * Bakery, confectionary, or similar food production, retail * Building supplies and materials, retail * Commercial motor vehicle rental establishment * Commercial motor vehicle sales and service establishment, new * Commercial motor vehicle sales and service establishment, used * Contractor or tradesman's shop, general or special trade * Dry cleaning and laundry pick up station * General service establishment, not otherwise listed * Internet sales establishment * Janitorial services establishment * Motor vehicle rental establishment, without inventory on -site * Motor vehicle rental establishment, with inventory on -site * Nursery or greenhouse, commercial * Recreational vehicle or boat sales * Storage building sales Industrial Uses * Bakery, confectionary, or similar food production, wholesale * Building supplies and materials, wholesale * Commercial printing establishment * Dairy products, processing, bottling, and wholesale distribution * Electrical component assembly, wholesale distribution * Manufacturing: Beverage or food processing, excluding poultry and animal slaughtering and dressing * Manufacturing: General, not otherwise listed in this table * Towing service * Welding or machine shop * Workshop Warehousing and Distribution Uses * Distribution center, not otherwise listed * Self- storage building * Self- storage facility * Storage of commercial motor vehicles * Storage of motor vehicles for rental (no on -site rental or leasing facility) * Warehouse Assembly and Entertainment Uses * Eating establishment * Eating and drinking establishment, not abutting a residential district * Health and fitness center * Microbrewery or microdistillery * Park or playground * Recreation, indoor * Theater, movie or performing arts Public, Institutional, and Community Uses * Artist studio * Community garden * Educational facilities, business school or nonindustrial trade school * Educational facilities, industrial trade school * Educational facilities, school for the arts * Fire, police, or emergency services * Government offices or other government facility, not otherwise listed * Military reserve or National Guard center * Post office * Supply pantry * Training facility for police, fire, or emergency services Transportation Uses * Bus maintenance, including repair and storage * Limousine service * Parking, off -site * Taxicab business Utility Uses • Broadcasting studio or station • Utility distribution or collection, basic • Utility distribution or collection, transitional • Utility maintenance and service facility • Wireless telecommunications facility, small cell on existing structure • Wireless telecommunications facility, stealth Agricultural Uses * Agricultural operations Accessory Uses • Accessory uses, not otherwise listed in this Table • Portable storage container • Recycling collection point WOY3dN34swm'mmm OTOPZ VINIONIA '3>IONVC)b SJJIIIJVld I SIJOAJA'dnS I Sd39NIDN3 S4I76-ZLL (OtS) :XVzl 699OZ XOQ '0 d �OE � 0 6 .......... alvas TTt1t'-i1ZL (0tS) :gNOHd %k'V 6ZZ:�-6T= ms 'gnN3AV NOi3-191Ang tggt, aj 'Sommos- sv uopsLun-I ........... 'T ................ 6TOZ 'TZ J'Oqo:Po (M/8 ,OS) ------ GVOH )131V-LVd 'd rqv%g lid Z l-q`-1q6ZZ6T bA LQ zz cf) C, CWL 60 CL cx. P4 bA ISSI IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2020. No. 41678- 021820. AN ORDINANCE approving and authorizing the execution of a Cable Television Franchise Agreement by and between the City of Roanoke, Virginia and Shenandoah Cable Television, LLC; and dispensing with the second reading of this ordinance by title. WHEREAS, Shenandoah Cable Television, LLC, ( "Shentel ") has requested a Cable Television Franchise Agreement (Franchise Agreement) in the City of Roanoke WHEREAS, a Franchise Agreement has been negotiated between the City and Shentel; WHEREAS, a public hearing was held on this matter and on the City's adoption of a Cable Television Franchise Ordinance on February 18, 2020, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such matters; and WHEREAS, City Council has previously adopted a revised Cable Television Franchise Ordinance that was effective on October 31, 2003. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of the Cable Television Franchise Agreement attached to the City Council Agenda Report dated February 18, 2020. 2. The City Manager is authorized to execute, on behalf of the City, a Cable Television Franchise Agreement by and between the City and Shenandoah Cable Television, LLC, in a form substantially similar to the one attached to the above mentioned Agenda Report, and in a form approved by the City Attorney. Such Agreement will provide for a term of 10 years, from March 1, 2020 to February 28, 2030, and such other terms and conditions as are deemed to be in the best interest of the City of Roanoke. The City Manager is further authorized to take such further actions and execute such additional documents as may be necessary to implement and administer such Cable Television Franchise Agreement. 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. V 72 01 Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 TELEPHONE 540 - 853 -2431 FAX 540 - 853 -1221 EMAIL: cityatty@roanokeva.gov February 18, 2020 The Honorable Sherman P. Lea, Sr., and Members of Council Re: City Council Agenda Report Approval of a Cable Television Franchise Agreement Dear Mayor Lea and Members of City Council: Timothy R. Spencer David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Background: Shenandoah Cable Television, LLC, ( "Shentel ") has requested a Cable Television Franchise Agreement (Franchise Agreement) in the City of Roanoke. Shentel has recently acquired Cable Franchise Agreements in the cities of Salem, Lynchburg, Staunton, Harrisonburg, Winchester, and Front Royal. Shentel is the current provider of the fiber ring for the Roanoke City Public Schools, and has over 30 miles of existing fiber in the City of Roanoke. Shentel proposes to initially build out its Cable System to make Cable Service generally available to those business and residential units located within the red ovals shown on the map attached to the Franchise Agreement as Exhibit A, and to complete such initial build out by March 2023. Shentel proposes to complete its Cable System within the remainder of the Franchise area within a commercially reasonable time (considering build out costs, geographical and geological conditions, and business conditions). A Franchise Agreement has been negotiated between the City and Shentel. The proposed Franchise Agreement will be adopted pursuant to the City's existing Cable Television Ordinance, Ordinance No. 36503- 100603, which was adopted on October 6, 2003. A public hearing on the Cable Television Franchise Ordinance and Agreement will be held on February 18, 2020. After the public hearing, Council will be asked to take the action noted below. Recommended Action: After consideration of comments received at the public hearing, approve the terms of the Cable Television Franchise Agreement and authorize the City Manager to execute such Franchise Agreement between the City and Shenandoah Cable Television, LLC, in a form substantially similar to the one attached to this report, in a form approved by the City Attorney. The Franchise Agreement will provide for the terms and conditions as are deemed to be in the best interest of the City. Authorize the City Manager to take such further action and execute such additional documents as may be necessary to implement and administer the Franchise Agreement. Sincerely, Daniel J�allaghan City Attorney c: Council Appointed Officers Sherman M. Stovall, Assistant City Manager of Operations Amelia C. Merchant, Director of Finance Robert K. Bengtson, Director of Public Works Vanessa Bohr, Director of Technology CABLE TELEVISION FRANCHISE AGREEMENT by and between THE CITY OF ROANOKE, VIRGINIA, and SHENANDOAH CABLE TELEVISION, LLC as of MARCH 1, 2020 TABLE OF CONTENTS Section 1. DEFINITIONS ............................................................................ ............................... 1 Section 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS ............................... 2 2.1. Grant ..................................................................................... ..............................2 2.2. Construction of Agreement ................................................. ............................... 2 2.3. Police Powers ...................................................................... ............................... 2 Section 3. FRANCHISE EFFECTIVE DATE AND TERM ....................... ............................... 3 Section4. INTERCONNECT ...................................................................... ............................... 3 4.1. Interconnection Method ...................................................... ............................... 3 4.2. EG Interconnection .............................................................. ............................... 3 4.3. Interconnection Terms ......................................................... ............................... 4 Section 5. CABLE SYSTEM CAPABILITY AND CONSTRUCTION .... ............................... 4 5.1. Cable System Characteristics .............................................. ............................... 4 5.2. Technical Performance ........................................................ ............................... 7 5.3. Cable System Construction and Maintenance ..................... ............................... 7 5.4. Emergency Alert System ..................................................... ............................... 9 5.5. Cable System Capability and Construction Terms .............. ............................... 9 5.6. State of the Art .................................................................... ............................... 9 5.7. Annual Technology Summit Meeting ............................... ............................... 10 Section6. PEG ACCESS ........................................................................... ............................... 10 6.1. EG Channel ....................................................................... ............................... 10 6.2. EG Origination .................................................................. ............................... 11 6.3. Program Content; Control ................................................. ............................... 13 6.4. Alternate Use ..................................................................... ............................... 13 1 Section 7. CABLE SERVICE TO CITY FACILITIES ............................. ............................... 13 7.1. Courtesy Service to Public Facilities ................................. ............................... 13 7.2. Additional Facility Equipment and Wiring ....................... ............................... 14 7.3. Terms of Courtesy Cable Service ...................................... ............................... 15 Section 8. EG ACCESS CAPITAL GRANT: COSTS .............................. ............................... 15 8.1. EG Capital Fee .................................................................. ............................... 15 8.2. EG Channel Use ................................................................ ............................... 16 8.3. Costs Incidental To The Award Of The Franchise ............ ............................... 16 Section 9. CUSTOMER SERVICE ........................................................... ............................... 16 9.1. Customer Service Requirements ....................................... ............................... 16 9.2. Customer Service Standards .............................................. ............................... 17 9.3. Customer Privacy .............................................................. ............................... 17 9.4. Customer Complaints ........................................................ ............................... 17 9.5. Customer Service Terms ................................................... ............................... 19 Section 10. REPORTS AND RECORDS .................................................... ............................... 19 10.1. Open Books and Records .................................................. ............................... 19 10.2. Information Disclosure ...................................................... ............................... 19 10.3. Reports and Records Terms .............................................. ............................... 19 Section 11. COMMUNICATIONS SALES AND USE TAX ..................... ............................... 20 11.1. Application of Tax ............................................................. ............................... 20 11.2. Communications Sales and Use Tax Terms ...................... ............................... 20 Section 12. TRANSFER OF FRANCHISE ................................................. ............................... 20 12.1. Approval Required ............................................................ ............................... 20 12.2. No Consent Required ........................................................ ............................... 20 12.3. Preservation of City's Rights ............................................ ............................... 21 ii 12.4. Approval Does Not Constitute Waiver of Rights .............. ............................... 21 12.5. Transfer Terms .................................................................. ............................... 21 Section 13. RENEWAL OF FRANCHISE .................................................. ............................... 21 13.1. Federal Law ....................................................................... ............................... 21 13.2. Needs Assessment ............................................................. ............................... 22 13.3. Informal Renewal .............................................................. ............................... 22 13.4. Consistent with Law .......................................................... ............................... 22 13.5. Renewal of Franchise Terms ............................................. ............................... 22 Section 14. ENFORCEMENT OR TERMINATION OF FRANCHISE .... ............................... 22 14.1. Notice of Violation ............................................................ ............................... 22 14.2. Grantee's Right to Cure or Respond ................................. ............................... 22 14.3. Quarterly Standards ........................................................... ............................... 23 14.4. Enforcement ........................................................................ .............................23 14.5. Liquidated Damages .......................................................... ............................... 24 14.6. Waiver ................................................................................. .............................26 14.7. Single Violation ................................................................. ............................... 26 14.8. Assessment of Liquidated Damages .................................. ............................... 26 14.9. Bond .................................................................................... .............................27 14.10. Revocation ........................................................................... .............................29 14.11. Enforcement or Termination of Franchise Terms ............. ............................... 30 Section 15. INSURANCE AND INDEMINIFICATION ............................ ............................... 30 15.1. Insurance Coverage ........................................................... ............................... 30 15.2. Insurance Terms ................................................................ ............................... 31 15.3. Indemnification Provisions ................................................ ............................... 31 iii 15.4. Insurance and Indemnification Terms ............................ Section 16. FORCE MAJEURE ................................ ............................... 16.1. Force Majeure Definition ............... ............................... 16.2. Force Majeure Conditions .............. ............................... Section 17. NON - DISCRIMINATION .................... ............................... Section 18. MISCELLANEOUS PROVISIONS ...... ............................... 18.1. Counterpart Copies ......................... ............................... 18.2. Nonwaiver ...................................... ............................... 18.3. Rights of Third Parties ................... ............................... 18.4. Forum Selection and Choice Of Law ............................ 18.5. Captions and Headings ................... ............................... 18.6. Faith Based Organization ............... ............................... 18.7. Notice ............................................. ............................... 18.8. Entire Agreement and Amendments ............................. 18.9. Exhibits ........................................... ............................... lv ............................ 33 ............................ 33 ............................ 33 ............................ 33 ............................ 34 ............................ 34 ............................ 34 ............................ 34 ............................ 34 ............................ 35 ............................ 35 ............................ 35 ............................ 35 ............................ 36 ............................ 36 CABLE TELEVISION FRANCHISE AGREEMENT THIS AGREEMENT made and entered into as of this day of , 20_, by and between the City of Roanoke, a Virginia political subdivision ( "City" or "Grantor "), and Shenandoah Cable Television, LLC (hereinafter, "Grantee "): WHEREAS, the Grantee has requested that the City grant a cable television franchise to the Grantee; and WHEREAS, on October 6, 2003, the Council of the City of Roanoke ( "City Council ") adopted Ordinance No. 36503 - 100603 effective October 31, 2003 (the "Ordinance "); and WHEREAS, the City and the Grantee have negotiated the terms of a new franchise pursuant to 47 U.S.C. §546(h); and WHEREAS, the City Council, after holding a public hearing on the terms of the grant of this franchise of which the public was afforded notice and at which the public was afforded opportunity to comment, adopted Ordinance No. effective 2020, to grant to the Grantee a television franchise at a duly authorized and regular meeting, pursuant to the provisions of the Cable Act, City Charter, City ordinances, and the Virginia Code. NOW THEREFORE in consideration of such grant of the cable franchise to the Grantee, the parties agree as follows: Section 1. DEFINITIONS. Unless otherwise defined in this Agreement, terms in this Agreement shall have the meaning given to them in the list of Definitions attached as Exhibit A. Terms not defined in this Agreement or the Ordinance shall have their common and ordinary meaning. Page 1 Section 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS. 2.1 Grant. The City hereby grants to the Grantee a franchise to operate a cable system to provide cable service within the territorial limits of the City in accordance with the terms and conditions set forth below and in the Ordinance. The Grantee's Franchise Area shall be the territorial limits of the City. This Franchise is granted pursuant to the Ordinance, which, with any amendments thereto and including applicable definitions, is incorporated by reference herein. 2.2. Construction of Agreement. 2.2.1. The provisions of this Franchise shall be construed to effectuate their objectives. 2.2.2. In the event of a conflict between the Ordinance and this Agreement, this Agreement shall prevail. In the event a conflict does not exist between the Ordinance and this Agreement or the Agreement does not address an issue, then the terms and conditions of the Ordinance shall be applicable to the Grantee. In the case of a conflict between the Ordinance and Virginia Code Sections 15.2- 2108.19, et seq., the Virginia Code shall prevail. 2.2.3. Nothing herein shall be construed to limit the scope or applicability of Section 625 Communications Act, 47 U.S.C. § 545. 2.2.4. Upon grant of this Franchise Agreement, the Grantee shall also be granted relief from the requirement to provide additional conduits for the use of the City as set forth in the Ordinance Section 12 (a). 2.3 Police Powers. Except as otherwise provided in this Section 2, the Grantee's rights under this Franchise shall be subject to the lawful police powers of the City to adopt and enforce ordinances of general applicability necessary to protect and preserve the health, safety and welfare of the public. The Grantee shall comply with all applicable general laws and ordinances Page 2 lawfully enacted by the City pursuant to such police powers. The City agrees that ordinances which it adopts that impact this Agreement must be enacted upon reasonable conditions and of a character appropriate to the public purpose justifying enactment. Nothing herein prohibits the Grantee from challenging any future ordinances enacted by the City as may be permitted under applicable law. Section 3. FRANCHISE EFFECTIVE DATE AND TERM. The effective date of the Franchise Agreement shall be March 1, 2020. The term of the Franchise shall be 10 years, commencing on March 1, 2020, and expiring at midnight on February 28, 2030, unless sooner terminated in accordance with Section 14.10 herein, or by other applicable law. Section 4. INTERCONNECT. 4.1 Interconnection Method. The Grantee shall design the Grantee's Cable System so that it is capable of interconnecting with other similar communications networks at suitable locations as determined by the Grantee. Interconnection capabilities shall be provided for the exchange of all EG signals designated in Section 6.1. Interconnection of systems may be made by direct fiber connection or other appropriate methods. Such interconnection shall preserve the quality of the EG signals so that there is no significant degradation between the signals as received by the Grantee and the signals as transmitted to the interconnecting system. 4.2 EG Interconnection. At the request of the City, the Grantee shall, to the extent permitted by applicable law and its contractual obligations to third parties, use every reasonable effort to negotiate an interconnection agreement with any other Cable System in the City for the EG channels. The Grantee will continue to interconnect with any other franchised cable operator that is operating in the City as of the Effective Date. Nothing in this Agreement shall determine Page 3 the extent to which the Grantee or the interconnecting system shall bear the costs of interconnection. 4.3 Interconnection Terms. The provisions in this Section 4 shall satisfy the requirements in Section 8(b) of the Ordinance. Section 5. CABLE SYSTEM CAPABILITY AND CONSTRUCTION. 5.1 Cable System Characteristics. The Grantee's Cable System shall meet or exceed the following requirements: 5.1.1. The Cable System shall be designed in accordance with the International Telecommunication Union - Telecommunication Standardization Section G.984 Standard for gigabit passive optical networks. 5.1.2. The Cable System shall be designed to be an active two -way plant for subscriber interaction, if any, required for selection or use of Cable Service. 5.1.3. Modern design utilizing an architecture that will permit additional improvements necessary for high quality and reliable service throughout the term of the Agreement. 5.1.4. Protection against outages due to power failures, so that back -up power is available at a minimum for at least 24 hours at the headend, and conforming to industry standards, but in no event rated for less than four hours, at each node. Such standby power supplies shall cut in automatically on failure of commercial utility AC power, and revert automatically to commercial power when it is restored. 5.1.5. Facilities and equipment sufficient to cure violations of any applicable FCC technical standards and to ensure that the Cable System remains in compliance with the standards specified in Section 5.1.18. Page 4 5.1.6. Facilities and equipment as necessary to maintain, operate, and evaluate the Cable System to comply with any applicable FCC technical standards, as such standards may be amended from time to time. 5.1.7. All facilities and equipment designed to be capable of continuous twenty -four (24) hour daily operation in accordance with applicable FCC standards except as caused by a Force Majeure event. 5.1.8. All facilities and equipment designed, built and operated in such a manner as to comply with all applicable FCC requirements regarding (i) consumer electronic equipment and (ii) interference with the reception of off -the -air signals by a subscriber. 5.1.9. All facilities and equipment designed, built and operated in compliance with all applicable safety codes. 5.1.10. Sufficient trucks, tools, testing equipment, monitoring devices and other equipment and facilities and trained and skilled personnel required to enable Grantee to comply with applicable law and its obligations under this Agreement, including applicable customer service standards. 5.1.11. All facilities and equipment required to properly test the Cable System in accordance with applicable law, conduct an ongoing and active program of preventive maintenance and quality control, and to be able to quickly respond to customer complaints and resolve system problems. 5.1.12. Design capable of interconnecting with other similar communications networks in the Franchise Area as set forth in Section 4 of this Agreement. 5.1.13. Facilities and equipment at the headend shall allow Grantee to transmit or cablecast signals in substantially the form received, without substantial alteration or deterioration Page 5 in the content and functionalities associated with the signal. For example, the headend should include equipment that will transmit color video signals received at the headend in color, stereo audio signals received at the headend in stereo, and a signal received with a secondary audio track with both audio tracks. Similarly, all closed- captioned programming retransmitted over the Cable System shall include the closed- captioned signal in a manner that renders that signal available to Subscriber equipment used to decode the captioning. 5.1.14. Shall be capable of transmitting in high definition any Channels that are received in high definition format. Actual carriage of any such high definition Channels will be at the Grantee's sole discretion. 5.1.15. Shall offer parental control options, which will at a minimum offer as an option that a Person ordering programming must provide a personal identification number or other means provided by Grantee only to a Subscriber. Provided, however, that Grantee shall bear no responsibility for the exercise of parental controls and shall incur no liability under this Agreement for any Subscriber's or viewer's exercise or failure to exercise such controls. 5.1.16. The provision of additional channels, channel capacity, and /or upgrades of any kind to the Cable System is solely within the control and discretion of the Grantee. 5.1.17. With the exception of any EG Channels, all content and programming of Cable Services, including the mix, level, and /or quality of such content and programming, remains in the sole discretion of the Grantee. 5.1.18. The Cable System must conform to or exceed all applicable FCC technical performance standards, as amended from time to time, and shall conform in all material respects to applicable sections of the following standards and regulations to the extent such standards and regulations remain in effect and are consistent with accepted and applicable industry procedures: Page 6 5.1.18.1. Occupational Safety and Health Administration (OSHA) Safety and Health Standards; 5.1.18.2. National Electrical Code; 5.1.18.3. National Electrical Safety Code; 5.1.18.4. Obstruction Marking and Lighting, AC 70/7460 i.e., Federal Aviation Administration; 5.1.18.5. Constructing, Marking and Lighting of Antenna Structures, Federal Communications Commission Rules, Part 17; and 5.1.18.6. The Virginia Uniform Statewide Building Code. 5.2 Technical Performance. The Cable System shall meet or exceed applicable FCC's technical standards (Subpart K of Part 76 of the FCC's Rules). 5.3. Cable System Construction and Maintenance 5.3.1. The City shall have the right to inspect all construction or installation work performed by a Grantee within the Service Area, and to make such inspections as the City deems necessary to ensure compliance with the terms of the Ordinance and this Agreement, other pertinent provisions of law and any Franchise granted hereunder. No poles, underground conduits, or other wire or cable- holding structures shall be erected by a Grantee without prior approval of the City or its duly authorized personnel, or, unless such consent is not required by applicable law, by property owners where the City does not own, or hold some other right of way property interests in, the area in which such structures are to be erected. To the extent possible, a Grantee shall use existing poles and underground conduits throughout the City. Any poles, underground conduits or other fixtures that a Grantee is authorized by the City to install must be placed in a manner so that they do not interfere with or obstruct the usual travel on the public Page 7 Streets or interfere with any existing utility services. All construction activities of a Grantee shall be conducted in a workmanlike manner that will cause minimum interference with the rights and reasonable convenience of the public's and other utilities' use of the Streets and of the property owners directly affected thereby. Every Grantee shall maintain all structures, cable and related Cable System equipment that are located in, over, under, and upon the Streets in a safe, suitable, substantial condition and in good order and repair at all times. All construction, installation and repair by a Grantee shall be effectuated in a manner that is consistent with the FCC's rules, relevant local building codes, zoning ordinances and laws, all City and other governmental laws, codes or ordinances relating to public works or the Streets, and other regulatory requirements, the National Electrical Safety Code, and other standards of general applicability to Cable Systems. No Grantee shall commence any construction without obtaining all local zoning and other approvals, permits and other licenses generally applicable to other entities performing such construction, and paying all costs and fees normally imposed or charged therefor. Whenever electric utilities and telecommunications facilities are located underground within a public way of the City, Grantee with permission to occupy the same public way must also locate its facilities underground. 5.3.2. A Grantee shall be required to extend energized trunk cable and make Cable Service generally available to businesses and residential dwelling units within the Franchise Area. The Grantee initially shall build out its Cable System to make Cable Service generally available to those businesses and residential units located within the red ovals shown on the map attached to this Franchise Agreement as Exhibit B. Grantee shall use commercially reasonable efforts (considering build out costs, geographical and geological conditions, and business conditions) to complete initial build by February 28, 2023. Grantee shall complete its Cable Page 8 System within the remainder of the Franchise Area within a commercially reasonable time (considering build out costs, geographical and geological conditions, and business conditions). In addition to the obligations and considerations set forth above, Grantee shall offer Cable Service to all new or previously unserved businesses and residential units located within one hundred and fifty (150) feet of the Grantee's distribution cable 5.3.3 The Grantee may elect to provide Cable Service to areas not meeting the above distance standards. The Grantee may impose an additional charge in excess of its regular installation charge for any service installation requiring a drop in or line extension in excess of the above standards. Any such additional charge shall be computed on a time plus materials basis, including a reasonable rate of return, to be calculated on that portion of the installation that exceeds the standards set forth above. Such additional charge shall be paid by the developer or landowner or customer requesting Cable Service in an area that does not meet the distance standards. 5.4 Emergency Alert System. Grantee shall comply with the Emergency Alert System ( "EAS ") Federal Emergency Alert System regulations, 47 C.F.R. §76 Part 1. 5.5. Cable System Capability and Construction Terms The provisions in this Section 5 shall satisfy the requirements in Sections 12(a), 12(c) 12(e), and 13 of the Ordinance in keeping with relief granted in Sec 2.2.4 5.6 State of the Art. Throughout the term of this Franchise, Grantee shall maintain and upgrade the Cable System and the technical performance of the Cable System so as to keep pace with the developments in the State -of -the -Art as defined herein. For purposes of this subsection, "State -of -the -Art" means that level of technical performance or capacity, service or cable system plant, for which there is a reasonable demonstrated market demand and which has been Page 9 demonstrated by existing cable system operators and reputable equipment suppliers to be workable in the field, but not exceeding that level of technical performance or capacity which has been installed and is operating at the time in at least two (2) other cable systems of comparable or smaller size owned and operated by Grantee or an affiliate of Grantee. 5.7 Annual Technology Summit Meeting. The Committee may request a meeting once per year with the Grantee to discuss new and upcoming technology and the developments in the State -of -the -Art related to the Cable System, and the plans the Grantee has for bringing such technology to the Grantee's Service Area. Upon the request of the Committee for such meeting, Grantee shall schedule the meeting within 30 days of such request. Section 6. PEG ACCESS. 6.1. EG Channel. 6.1.1. Except as otherwise provided herein, Grantee shall provide any EG Channel(s) as part of Basic Cable Service throughout the life of the Franchise. If there is no Basic Cable Service, Grantee shall provide the EG Channels as part of the service provided to every Subscriber, at no additional charge to Subscribers for the EG Channels. 6.1.2. The Grantee shall initially provide one (1) standard definition downstream EG Channel ( "Initial EG Channel "). Upon request by the Roanoke Valley Regional Cable Television Committee ( "Committee "), the Grantee shall provide a second standard definition EG Channel ( "Second EG Channel ") upon a showing by the Committee that the then - existing EG Channel is being used to air at least forty (40) hours of original, locally - produced programming per week (not including bulletin board -style programming). The Grantee shall provide the Second EG Channel within one hundred twenty (120) days after written request by the Committee. Page 10 6.1.3. The Grantee shall not arbitrarily or capriciously change the EG Channel assignment(s), and the Grantee shall take reasonable steps to minimize the number of such changes. The Grantee may change the EG Channel assignment(s) as it deems appropriate so long as it provides at least thirty (30) days prior written notice to the City, and reimburses the City for the reasonable costs including, but not limited to, logo modifications, stationery, promotion, and advertising, not to exceed $2,500 per channel change. 6.1.4. Use of the EG Channels shall be to air non - commercial EG access programming and any other non - commercial programming, consistent with Section 611 of the Cable Act (47 U.S.C. §531) at the Committee's sole discretion. The Grantee shall not charge the City or any other authorized user of the EG Channel(s) for the use of such channels. 6.1.5. No control over EG access program content shall be exercised by the Grantee except to enforce the limitations on commercial use described herein or as otherwise permitted by the FCC and other federal, state, and local laws. 6.1.6. The Grantee may use the EG Channels for any lawful purpose during such periods as they are not being used for EG access purposes, provided that EG access use shall have priority at all times. 6.2. EG Origination. 6.2.1. The Parties hereby acknowledge that the EG origination locations currently consist of three facilities listed in Exhibit C that have digital transport capabilities between these facilities and Grantee's headend ( "Digital Feeds "), and that the Grantee provides a digital audio /video switch that selects among these Digital Feeds to be placed on the designated downstream EG Access channels on the subscriber distribution network. Grantee will gather all EG channel feeds from RVTV at 541 Luck Avenue, SW, Roanoke, VA, 24016. Page 11 6.2.2 Grantee shall provide without charge the Digital Feed by means of dedicated, fully fiber optic links between its headend and RVTV so that signals can be generated at RVTV and be routed onto an appropriate EG channel. Such signal transport provided by the Grantee shall include all equipment necessary for amplification, optical conversion, receiving, transmitting, switching, and headend processing of upstream EG signals from RVTV and the placement of these EG signals onto an appropriate EG channel. Notwithstanding the foregoing, all such equipment, including but not limited to the fiber electronics at RVTV, shall be installed, repaired, and maintained in good working order by the Grantee on the Grantee's side of the Demarcation Point, provided, however, that the Grantee shall not be responsible for the cost of repairing any damage caused by RVTV or its agents or invitees. Grantee's obligation with respect to such signal transport shall be dependent on RVTV providing the Grantee, without charge, with such space, electrical power supply, access, and other facilities and cooperation as shall be necessary to allow the Grantee to fulfill its duties under this Franchise with respect to such signal transport. The dedicated channels may be multiplexed into backbone fiber rings at the hub or node nearest to the origination site for return to the headend. 6.2.3. RVTV shall be solely responsible for all personnel, equipment, and maintenance on RVTV's side of the Demarcation Point. Notwithstanding the foregoing, all equipment, including but not limited to the fiber electronics at RVTV, professional services, and any related costs or services that are required to initially set up the Digital Feed at RVTV on RVTV's side of the Demarcation Point shall be made at Grantee's sole cost. In addition, any equipment, professional services, and any related costs or services that may be required to transport the live feed from Roanoke City Council Chambers or Roanoke County Board of Supervisors Chambers to RVTV shall be made at Grantee's sole cost. Page 12 6.2.4. The Grantee shall maintain, at RVTV's expense, the optical combiner and multiplexer located at its headend, and the fiber optic link from its headend to RVTV. 6.2.5. RVTV shall be solely responsible for any personnel, equipment, and maintenance required to originate an optical signal at an RVTV Remote Site and to receive such optical signal(s) at RVTV. 6.3 Program Content; Control. No control over PEG access program content shall be exercised by the Grantee except to enforce the limitations on commercial use described herein or as otherwise permitted by the FCC and other federal, state, and local laws. 6.4 Alternate Use. The Grantee may use the PEG Access channels for any lawful purpose during such periods as they are not being used for PEG Access purposes, provided that EG Access use shall have priority at all times. Section 7. CABLE SERVICE TO CITY FACILITIES. 7.1 Courtesy Service to Public Facilities. The Grantee will provide the following, at no charge, at each fire station, public school, police station, public library, and such City facilities used for public purposes, which facilities are listed in Exhibit D, attached hereto, and for which the Grantee is provided access without charge, as may be designated by the City; or any newly constructed or acquired government building that may be designated by the City (collectively, "Additional Buildings "), so long as such Additional Buildings do not exceed ten (10) during the term of the Agreement; provided, however, that if it is necessary to extend the Grantee's trunk or feeder lines more than 150 feet solely to provide service to any such school or public building, the City shall have the option of paying the lower of any contract the Grantee may have with the City for such services or the Grantee's commercial charges for such extension in excess of 150 Page 13 feet itself, or of releasing the Grantee from or postponing the Grantee's obligation to provide service to such building: 7.1.1. one Cable Service drop; 7.1.2. one Cable Service converter or digital transport adapter per site (if necessary to receive the programming specified in Section 7.1.3; and 7.1.3. Basic Cable Service. 7.2. Additional Facility Equipment and Wiring. 7.2.1. The City shall be responsible for the cost of new or replacement converters or digital transport adapters that are in addition to those required in 7.1.2 and any "terminal equipment," including TV monitors, VCRs, and /or computers. 7.2.2. The cost of inside wiring, additional drops or outlets, and additional or replacement converters or digital transport adapters requested by the City within these specified facilities, including those drops or outlets in excess of those currently installed, are the responsibility of the City. The Grantee shall not be responsible for any violations of FCC technical standards on the City's side of the Demarcation Point. After reasonable notice under the circumstances, the Grantee may temporarily disconnect its service to a City site that does not correct such violations of FCC technical standards until such time as such violations are corrected. 7.2.3. Subject to the limitations set forth in this Section 7, whenever required by changes in the Grantee's technology, the Grantee shall upgrade all equipment provided at the Grantee's expense pursuant to this Section 7, in order to ensure that the City can continue to receive the services offered by the Grantee to the City pursuant to this Franchise Agreement. Page 14 7.3 Terms of Courtesy Cable Service. The provisions in this Section 7 shall satisfy the requirements in Section 10(d) of the Ordinance. Section 8. EG ACCESS CAPITAL GRANT: COSTS. 8.1 EG Capital Fee. The City may by ordinance or resolution impose on the Grantee an EG Capital Fee payable to the City on a quarterly basis (the "EG Capital Fee "), in an amount not to exceed twenty cents ($0.20) per month for each Subscriber in the Service Area that receives the Grantee's Basic Service Tier, so long as such requirement applies equally to all franchised cable operators in the City. If so imposed, the EG Capital Fee shall be delivered to the City within forty -five (45) days following the end of each calendar quarter during the Franchise Term. The EG Capital Fee shall be used by the City to support the capital costs of EG Access Channel facilities consistent with the Communications Act (47 U.S.C. § 542). 8.1.1. If the initial EG Capital Fee shall be less than an amount equal to twenty cents ($0.20) per month for each Subscriber in the Service Area to the Grantee's Basic Service Tier, the EG Capital Fee may be uniformly increased for the City cable grantees by ordinance or resolution of the Council of the City of Roanoke not more than once each year commencing after the first anniversary of the Effective Date of this Agreement by an amount not to exceed six cents ($0.06), but under no circumstances shall the monthly per- Subscriber fee exceed twenty cents ($0.20) per month for each Subscriber in the Service Area that receives the Grantee's Basic Service Tier. 8.1.2. The City shall provide the Grantee with thirty (30) days advance notice of any public hearing or meeting where an increase will be considered or voted on by the Council of the City of Roanoke. The City shall forward to the Grantee a copy of the adopted ordinance or resolution that authorizes an increase in the EG Capital Fee and establishes the effective date of Page 15 the increase. The Grantee shall have not less than ninety (90) days to implement the EG Capital Fee increase. 8.1.3. To the extent permitted by law, the Grantee may recover from Subscribers the costs of an EG Capital Fee or any other costs arising from the provision of EG services and shall be allowed to include such costs as a separately billed line item on each Subscriber's bill. 8.2 EG Channel Use. The City shall not sell time on the EG Charnels, nor allow any third party to do so, nor shall any channel be leased at any price to any third party. The City may allow programmers on the EG Channels to seek support for their programming consistent with the "Funding Standards and Practices" of the Public Broadcasting System (found at: http: / /www.pbs.org/producers /guidelines /) as they exist on the Effective Date of this Agreement. 8.3 Costs Incidental To The Award Of The Franchise. Grantee shall reimburse the City for advertising expenses incurred in the franchising process. Section 9. CUSTOMER SERVICE. 9.1 Customer Service Requirements. The Grantee shall comply with the customer service requirements imposed by the FCC pursuant to 47 U.S.C. § 552, as it may be amended from time to time. The City may impose additional customer service requirements that exceed the requirements established by the Federal Communications Commission under 47 U.S.C. § 552(b) by ordinance after a public hearing, but these additional requirements shall (i) not be designed so that Grantee cannot also comply with any other customer service requirements under state or federal law or regulation applicable to the Grantee in its provision of other services over the same network used to provide cable service, (ii) be no more stringent than the customer service requirements applied to other cable operators in the City, and (iii) be reasonably tailored to achieve appropriate customer service goals based on the technology used by the Grantee to Page 16 provide cable service. Failure by Grantee to meet customer service requirements that have been added or modified after the effective date of this Franchise Agreements, and which exceed FCC standards shall not form the basis for City to impose Liquidated Damages, or to revoke, or make a claim of breach of, this Franchise Agreement. 9.2 Customer Service Standards. The Grantee shall comply with the provisions of 47 CY R §76.309, as it may be amended from time to time. 9.3 Customer Privacy. Grantee shall at all times comply with 47 U.S.C. §551 with regard to the protection of Subscriber privacy. 9.4. Customer Complaints. 9.4.1. Complaint Procedure: The Grantee shall establish a clear procedure for resolving a Cable Service complaint ( "Complaint(s) ") filed by any interested party, providing that Complaints may be made orally or in writing, at the complainant's option. Such procedures shall be well - publicized. At least thirty (30) days before the Grantee announces any changes to such procedures, the Grantee shall notify the Committee of the changes and offer the Committee the opportunity to comment on the changes. 9.4.2. Referred Complaints: The Grantee shall promptly investigate Complaints that are referred to the Grantee by the Committee ( "Referred Complaints "). The Grantee shall report to the Committee regarding each Referred Complaint within five (5) business days, stating whether the matter has been resolved and how it was resolved; if the matter remains unresolved, the Grantee shall describe the actions taken to date, the reason or reasons the matter has not been resolved, the actions the Grantee believes remain to be taken to achieve resolution, and an estimated date for such resolution. Notwithstanding the foregoing, Grantee shall not be required to provide "personally identifiable information" except as permitted by 47 U.S.C. § 551 and Page 17 regulations promulgated thereunder, or other applicable provision of federal law, provided however that if compliance with such laws and regulations prohibits disclosure of information necessary for the Grantee to report to the Committee as required by the preceding sentence, the Grantee shall explain to the Committee in writing why the Grantee cannot comply, including references to the applicable statutes or regulations, and the parties shall discuss alternative means for informing the Committee regarding the resolution of the Referred Complaint, including, without limitation, obtaining the consent of the Subscriber for any necessary disclosures. 9.4.3. Escalated Complaints: The Grantee shall keep a written record or log of Escalated Complaints received regarding quality of service, equipment malfunctions, billing procedure, employee attitude and similar matters. Upon request by the Committee, and not more than once a year, the Grantee shall provide such log of Escalated Complaints to the Committee. An "Escalated Complaint" is any Complaint received by the Grantee that has been submitted to a state regulatory agency, any of the Grantee's corporate officers after being escalated through the appropriate Customer Service channels, and /or the Better Business Bureau. These records shall be maintained for a period of five (5) years. The record shall contain the following information for each complaint received: (1) Date, time and nature of the complaint; (2) Name, address and telephone number of the person complaining; (3) Investigation of the complaint; (4) Manner and time of resolution of the complaint; and (5) If the complaint regards equipment malfunction or the quality of reception, a report indicating corrective steps taken, with the nature of the problem stated. Page 18 Before delivering its complaint log, a Grantee may redact the log as required to conform to the provisions of applicable federal and state privacy protection laws. 9.5 Customer Service Terms. The provisions in this Section 9 shall satisfy the requirements in Section 10(b), 10(c), 10(h), 10(1) through 10(n), and 10(p) through 10(r) of the Ordinance. Section 10. REPORTS AND RECORDS. 10.1 Open Books and Records. Upon not less than thirty (3 0) days written notice to the Grantee, and no more frequently than once every twenty -four (24) months, the City shall have the right to inspect the Grantee's books and records pertaining to Grantee's provision of Cable Service in the Service Area at any time during Normal Business Hours at a reasonable time as determined by the parties, as are reasonably necessary to ensure compliance with the terms of this Franchise. Such notice shall specifically reference the section or subsection of the Franchise which is under review, so that Grantee may organize the necessary books and records for appropriate access by the City. Grantee shall not be required to maintain any books and records for Franchise compliance purposes longer than five (5) years. 10.2 Information Disclosure. Notwithstanding anything to the contrary set forth herein, Grantee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature, or to disclose any of its or its affiliates books and records not relating to the provision of Cable Service in the Service Area. Grantee shall not be required to provide Subscriber information in violation of Section 631 of the Communications Act, 47 U.S.C. §551. 10.3 Reports and Records Terms. The provisions in this Section 10 shall satisfy the requirements in Sections 5(g)(vii), 11, and 18 of the Ordinance. Page 19 Section 11. COMMUNICATIONS SALES AND USE TAX. 11.1 Application of Tax. The parties shall comply with all applicable requirements of the provisions of Section 58.1 -645 of the Code of Virginia (the "Communications Sales and Use Tax ") in its current form and as it may be amended. 11.2 Communications Sales and Use Tax Terms. The provisions in this Section 11 shall satisfy the requirements in Sections 6 and 17 of the Ordinance. Section 12. TRANSFER OF FRANCHISE 12.1 Approval Required. No Transfer of the Franchise shall occur without the prior consent of the City Council, provided that such consent shall not be unreasonably withheld, delayed or conditioned. No application for the approval of a Transfer shall be approved by the City Council unless the transferee agrees in writing that it will abide by and accept all terms of this agreement, and that it will assume the obligations, liabilities and responsibility for all acts and omissions, known and unknown, of the incumbent franchisee under this agreement, for all purposes, including renewal, unless the City Council, in its discretion, expressly waives all or part of this requirement. 12.2 No Consent Required. No such consent shall be required, however, for transactions excluded under the definition of a Transfer of the Franchise. Transfer of the Franchise shall be defined herein as it is defined in the Code of Virginia § 15.2- 2108.19, meaning any transaction in which (i) an ownership or other interest in the Grantee is transferred, directly or indirectly, from one person or group of persons to another person or group of persons, so that majority control of the Grantee is transferred; or (ii) the rights and obligations held by the Grantee under the Franchise are transferred or assigned to another person or group of persons. However, notwithstanding clauses (i) and (ii) of the preceding sentence, a transfer of the cable franchise Page 20 shall not include (a) transfer of an ownership or other interest in the Grantee to the parent of the Grantee or to another affiliate of the Grantee; (b) transfer of an interest in the cable franchise granted under this article or the rights held by the Grantee under the Franchise to the parent of the Grantee or to another affiliate of the Grantee; (c) any action that is the result of a merger of the parent of the Grantee; (d) any action that is the result of a merger of another affiliate of the Grantee; (e) a transfer in trust, by mortgage, or by assignment of any rights, title, or interest of the Grantee in the Franchise or the Cable System used to provide Cable Services in order to secure indebtedness. 12.3 Preservation of City's Rights. In the case of any Transfer, regardless of whether consent of the City Council is required, the transferee shall assume the obligations, liabilities and responsibility for all acts and omissions, known and unknown, of the incumbent franchisee under this agreement, for all purposes, including renewal, and agree to be bound by the terms of this Franchise. 12.4 Approval Does Not Constitute Waiver of Rights. Approval by the City Council of a Transfer, or consummation of a Transfer permitted by Section 12, does not constitute a waiver or release of any of the rights of the City Council under this agreement against the transferor franchisee, whether arising before or after the date of the Transfer. 12.5 Transfer Terms. The provisions in this Section 12 shall satisfy the requirements in Sections 4, 15, and 21 of the Ordinance. Section 13. RENEWAL OF FRANCHISE. 13.1 Federal Law. The City and Grantee agree that any proceedings undertaken by the City that relate to the renewal of this Franchise shall be governed by and comply with the provisions of Section 626 of the Communications Act, 47 U.S.C. § 546. Page 21 13.2 Needs Assessment. The City agrees that if the City issues a request for a proposal under 47 U.S.C. § 546(b), the City shall provide the Grantee with copies of any assessments of future cable- related needs and interests or the past performance of the Grantee that were relied upon by the City in preparing the request for proposal. 13.3 Informal Renewal. Notwithstanding anything to the contrary set forth herein, Grantee and the City agree that at any time during the term of the then current Franchise, while affording the public appropriate notice and opportunity to comment, the City and Grantee may agree to undertake and finalize informal negotiations pursuant to 47 U.S.C. §546(h) regarding renewal of the then current Franchise and the City may grant a renewal thereof. 13.4 Consistent with Law. Grantee and the City consider the terms set forth in this Section 13 to be consistent with the express provisions of 47 U.S.C. § 546 and Virginia Code Section 15.2- 2108.30. 13.5 Renewal of Franchise Terms. The provisions in this Section 13 shall satisfy the requirements in Sections 4, and 21 of the Ordinance. Section 14. ENFORCEMENT OR TERMINATION OF FRANCHISE 14.1 Notice of Violation. If at any time the City believes that Grantee has not complied with the terms of the Franchise, the City shall make a good faith effort to informally discuss the matter with Grantee. 14.2 Grantee's Right to Cure or Respond. Before seeking enforcement of the Franchise, the City shall notify the Grantee in writing of the exact nature of the alleged noncompliance (the "Noncompliance Notice "). Grantee shall have fifteen (15) business days from receipt of the Noncompliance Notice to: (i) respond to the City, if Grantee contests (in whole or in part) the assertion of noncompliance; (ii) cure such noncompliance; or (iii) in the event that, by its nature, Page 22 such noncompliance cannot be cured within such fifteen (15) day period, initiate reasonable steps to remedy such noncompliance and notify the City of the steps being taken and the date by which cure is projected to be completed. Upon cure of any noncompliance, City shall provide written confirmation that such cure has been effected. The foregoing 15 -day cure period shall not apply to customer service obligations measured on a quarterly basis ( "Quarterly Standards "), which shall be governed by Section 14.3. 14.3 Quarterly Standards. Upon written request from the City, no later than thirty (30) days after the end of each calendar quarter, the Grantee shall provide the City a written report demonstrating the Grantee's level of compliance with each of the Quarterly Standards. If the Grantee fails to meet any Quarterly Standard in a calendar quarter, the City shall have the right to begin the process of assessing liquidated damages pursuant to Section 14.4.4 by sending a Noncompliance Notice notifying the Grantee that the Grantee failed to comply with the Quarterly Standard in question, in order to inform the Grantee that the Grantee is not in compliance with such Quarterly Standard. Receipt of the Noncompliance Notice shall be deemed opportunity to cure. Upon submitting any report to the City that demonstrates that the Grantee has not complied with a Quarterly Standard, or within fifteen (15) days after receipt of a Noncompliance Notice, the Grantee may submit information to the City describing any extenuating circumstances related to any such noncompliance, and may request that the City waive liquidated damages, as provided in Section 14.6. If the Grantee fails to meet the same Quarterly Standard in the immediately succeeding calendar quarter, the City shall have the right to assess liquidated damages pursuant to Section 14.4.4 by sending a Notice of Assessment in accordance with Section 14.8. 14.4. Enforcement. Page 23 Subject to applicable federal and state law and the terms and conditions of this Agreement, including Section 14.3, the City may apply one or more of the following remedies if the City determines that Grantee is in default of any provision of this Franchise: 14.4.1. Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages; or 14.4.2. Commence an action at law for monetary damages or seek other equitable relief, or 14.4.3. In the case of a default of a material provision of the Franchise, seek to revoke the Franchise in accordance with Section 14.10; or 14.4.4. Assess and collect liquidated damages as set forth in Section 14.5 of this Agreement; or 14.4.5. Apply any other remedy provided for in this Agreement or applicable federal, state or local laws. 14.5 Liquidated Damages. Because the Grantee's failure to comply with provisions of this Franchise may result in injury to the City, because it may be difficult to quantify the extent of such injury, and in full satisfaction for the term of this Agreement of the obligations set forth in this Agreement, the City and the Grantee agree that, subject to the procedures in Section 14.8, liquidated damages as set forth herein may be assessable against the Grantee for certain violations of provisions of this Franchise. On an annual basis from the Effective Date of this Franchise, liquidated damages in total will not exceed ten thousand dollars ($10,000). The Grantee hereby waives any defense as to the validity of any liquidated damages stated in this Franchise Agreement on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages. The liquidated damages shall not apply when caused Page 24 by Force Majeure events and shall only apply from the date of the Notice of Assessment as provided for in Section 14.8. 14.5.1. Failure to materially comply with requirements related to (i) the technical quality and reliability of the PEG channels, including without limitation downstream signal quality and reliability of return feeds from PEG origination sites to the headend, and (ii) provision of channel capacity for use as PEG channels: Three hundred dollars ($300) for each violation for each day the violation continues. 14.5.2. Failure to comply with Customer Service Standards set forth in Section 9 of this Agreement, other than Quarterly Standards: One hundred dollars ($100) for the first violation; two hundred fifty dollars ($250) for any violation within 12 months after the first violation; and five hundred dollars ($500) for any violation within 12 months after the second or any subsequent violation. Liquidated damages shall not be paid where the Subscriber is otherwise compensated by Grantee for the alleged non - compliance. 14.5.3. For violation of a Quarterly Standard: One thousand five hundred dollars ($1500); 14.5.4. For violation of applicable FCC technical standards: Two hundred fifty dollars ($250) per day for each for each day the violation continues; 14.5.5. For failure to file, obtain, maintain or replenish the Bond in a timely fashion: two hundred fifty dollars ($250) per day for each day the violation continues; and 14.5.6. For failure to comply with Section 7.1 (Courtesy Service to Public Facilities): Two hundred fifty dollars ($250) per day for each day the violation continues; 14.5.7. For failure to comply with Section 5.1 (Cable System Characteristics): One Hundred dollars ($100) per day for each day the violation continues; and Page 25 14.5.8. For a Transfer without approval as specified in Section 12: Five Hundred dollars ($500) per day for each day the violation continues. 14.6 Waiver. The City may reduce or waive any of the above - listed liquidated damages if the City determines that such waiver is in the best interests of the City. 14.7 Single Violation. For purposes of any liquidated damages assessments, all similar violations or failures from the same factual events affecting multiple Subscribers shall be assessed as a single violation, and a violation or a failure may only be assessed under any single one of the above - referenced categories. 14.8 Assessment of Liquidated Damages. In order to assess the liquidated damages set forth herein, the City, following provision to the Grantee of a written Noncompliance Notice as set forth in Section 14.2 and the expiration of applicable cure periods, shall issue to the Grantee, by certified mail or other comparable means, a notice of intention to assess liquidated damages ( "Notice of Assessment "). The Notice of Assessment shall set forth the basis of the assessment, and shall inform the Grantee that liquidated damages will be assessed from the date of the notice. Unless the City indicates to the contrary, or the violation is for a Quarterly Standard, liquidated damages shall be assessed beginning with the date on which the City sent the Notice of Assessment and continuing thereafter until such time as the violation ceases as determined by the City. Payment by the Grantee of any assessment of liquidated damages shall be due thirty (30) days after the date of the Notice of Assessment. If Grantee objects to the Notice of Assessment, Grantee shall have the right to challenge the assessment in the Circuit Court for the City, or in the United States District Court for the Western District of Virginia, Roanoke Division, and in no other courts, in which case the assessment will be stayed until the issue is decided by such court, or the parties resolve the matter in some other fashion. If Grantee does not, within the thirty -day Page 26 period, make full payment or challenge the assessment in court, the City may withdraw from Grantee's Bond the amount due. The City may make one or more withdrawals from the Bond during and after any period in which a violation remains uncured, provided that the total withdrawn does not exceed the amount due for the period between the date of the Notice of Assessment and the date on which the violation is deemed cured by the City. 14.9. Bond. 14.9.1. Grantee shall obtain within thirty (30) days of executing this Agreement, and maintain thereafter throughout the Agreement term, an irrevocable Bond in the amount of twenty thousand dollars ($20,000) (the "Bond ") from a corporate surety acceptable to the City and authorized to do business in the Commonwealth of Virginia ( "Surety "). The Bond shall be in a form substantially the same as the form attached hereto as Exhibit E and that is acceptable to the City. Any Bond shall contain the following endorsement (or the substantive equivalent of such language as agreed upon by the City): "It is hereby understood and agreed that this bond may not be cancelled without the consent of the City until sixty (60) days after receipt by the City by registered mail, return receipt requested, of a written notice of intent to cancel or not renew." The Bond shall be used to ensure Grantee's compliance with the material terms and conditions of this Agreement, the Ordinance, Sections 15.2- 2108.19 et seq. of the Code of Virginia, and the mandatory requirements of 47 U.S.C. §§ 521 -573 and any rules promulgated thereunder, and compliance with all lawful orders, permits, and directions of any agency, commission, board, department, division, or office of the City or VDOT having jurisdiction over the acts of the Grantee, or defaults under this Agreement or the payment by Grantee of any penalties, liquidated damages, claims, liens, and taxes due the City which arise by reason of the construction, Page 27 operation, or maintenance of Grantee's cable system in the City, including restoration of the public rights -of -way and the cost of removal or abandonment of any property of a cable operator. 14.9.2. Grantee shall file with the City a complete copy of the Bond (including all terms and conditions applying to the Bond), and keep such copy current with respect to any changes over the term of the Agreement. 14.9.3. Any bond shall be recoverable by the City for all damages and costs, whether direct or indirect, resulting from the failure of Grantee to well and faithfully observe and perform any provision of this Agreement or the Ordinance. 14.9.4. The bond shall be maintained at the amount established herein for the entire term of the Agreement, even if amounts have to be withdrawn pursuant to this Agreement. The Grantee shall promptly replace any amounts withdrawn from the bond. 14.9.5. If the City notifies the Grantee of any amounts due to the City pursuant to this Agreement or applicable law, including, without limitation, liquidated damages assessed pursuant to Section 14.5, and the PEG Capital Fee provided for in Section 8. 1, and the Grantee does not make such payment within thirty (30) days, the City may bring an action on the Bond to recover any amount due City, and may prosecute such action to final judgment and have execution on the judgment. Grantee and Surety expressly agree that City shall not be liable for the payment of any judgment, costs, or expenses resulting from any such suit and that neither Grantee nor Surety shall cause City to be named as a party in any such suit. 14.9.6. In the event the Surety serves notice to the City that it elects not to renew the Bond, the Grantee shall provide a substitute Bond, in substantially the same form as that attached hereto as Exhibit E, from a Surety approved by the City, before the effective Bond expires. Page 28 14.9.7. No later than thirty (30) days after mailing of notification to the Grantee by certified mail, return receipt requested, of a withdrawal under the Bond, the Grantee shall restore the amount of the Bond to the total amount specified herein, unless the Grantee has disputed the basis for the original withdrawal, in which case the obligation to restore shall be suspended until a final non - appealable decision on the dispute has been issued by a court of competent jurisdiction authority as provided in Section 14.8. 14.9.8. The rights reserved to the City with respect to the Bond are in addition to all other rights of the City, whether reserved by this Agreement or otherwise authorized by law, and no action, proceeding or right with respect to the Bond shall affect any other right the City has or may have. 14.9.9. No recovery by the City of any sum by reason of the Bond required in Section 14.9.1 of this Agreement shall be any limitation upon the liability of Grantee to the City under the terms of this Agreement, except that any sums so received by the City shall be deducted from any recovery which the City shall establish against Grantee under the terms of this Agreement. 14.10 Revocation. Should the City seek to revoke this Franchise after following the procedures set forth above in Section 14.2 of this Article, the City shall give written notice to Grantee of such intent. The notice shall set forth the specific nature of the noncompliance. The Grantee shall have sixty (60) days from receipt of such notice to object in writing and to state its reasons for such objection. In the event the City has not received a satisfactory response from Grantee, it may then seek termination of the Franchise at a public hearing before the City Council. The City shall provide the Grantee, at least thirty (30) days written notice of such public hearing, specifying the time and place of such hearing and stating its intent to revoke the Franchise. Page 29 14.10.1. At the designated hearing, Grantee shall be provided a fair opportunity for full participation in accordance with applicable law, including the right to be represented by legal counsel. 14.10.2. In making any decision to revoke the Franchise, the City shall apply the standards provided by applicable law. Grantee shall have the right to appeal any revocation in the Circuit Court for the City, or in the United States District Court for the Eastern District of Virginia, Richmond Division, and in no other courts. 14.10.3. The City may, at its sole discretion, take any lawful action which it deems appropriate to enforce the City's rights under the Franchise in lieu of revocation of the Franchise. The City may also, in lieu of revocation, grant additional time to the Grantee to effect a cure of any default. 14.11 Enforcement or Termination of Franchise Terms. The provisions in this Section 14 shall satisfy the requirements in Sections 16(d), 16(e), 19, and 20 of the Ordinance. Section 15. INSURANCE AND INDEMNIFICATION 15.1 Insurance Coverage. Grantee shall maintain in full force and effect, at its own cost and expense, during the Franchise Term, the following insurance coverage: 15.1.1. Commercial General Liability Insurance in the amount of five million dollars ($5,000,000) combined single limit and five million dollars ($5,000,000.00) aggregate for property damage and bodily injury. Such insurance shall cover the construction, operation and maintenance of the Cable System, and the conduct of Grantee's Cable Service business in the City. 15.1.2. Automobile Liability Insurance in the amount of minimum bodily injury coverage for each occurrence of $2,000,000 and property damage coverage of not less than Page 30 $1,000,000 per occurrence. Workers' Compensation Insurance meeting all legal requirements of the Commonwealth of Virginia. 15.1.3. Employers' Liability Insurance in the following amounts: (A) Bodily Injury by Accident: one hundred thousand dollars ($100,000); and (B) Bodily Injury by Disease: one hundred thousand dollars ($100,000) employee limit; five hundred thousand dollars ($500,000) policy limit. 15.2. Insurance Terms. 15.2.1. The City shall be designated as additional insured under each of the insurance policies required in this Section 15 except Workers' Compensation and Employers' Liability Insurance. 15.2.2. Grantee shall not cancel any required insurance policy without obtaining alternative insurance in conformance with this Agreement. 15.2.3. All policies shall be issued by companies qualified to write insurance in the Commonwealth of Virginia and which maintain throughout the policy term a general rating of A- VII and a financial size category of "AX' as determined by AM Best Rating Company. 15.2.4. Grantee shall deliver to the City Certificates of Insurance showing evidence of the required coverage within thirty (30) days after the Effective Date, and upon written request thereafter. 15.3. Indemnification Provisions. 15.3.1. Grantee agrees to indemnify, save and hold harmless, and defend the City, its officers, agents, boards and employees, from and against any liability for damages or claims resulting from tangible property damage or bodily injury (including accidental death), to the extent proximately caused by any of Grantee's acts or omissions in its construction, operation, or Page 31 maintenance of its Cable System, provided that the City shall give Grantee written notice of its obligation to indemnify the City in a timely fashion, not to exceed thirty (30) days of receipt of a claim or action or such reasonable time based on the type and scope of such claim or action made pursuant to this subsection. Notwithstanding the foregoing, Grantee shall not indemnify the City, for any damages, liability or claims resulting from the willful misconduct or negligence of the City, its officers, agents, employees, attorneys, consultants, independent contractors or third parties or for any activity or function conducted by any Person other than Grantee in connection with PEG Access Channels or EAS, or the distribution of any Cable Service over the Cable System. 15.3.2. With respect to Grantee's indemnity obligations set forth in Section 15.3.1, Grantee shall provide the defense of any claims brought against the City and the City may select its counsel to defend the claim, subject to the consent of the Grantee, which shall not unreasonably be withheld. Nothing herein shall be deemed to prevent the City from cooperating with the Grantee and participating in the defense of any litigation by its own counsel at its own cost and expense, provided however, that after consultation with the City, Grantee shall have the right to defend, settle or compromise any claim or action arising hereunder, and Grantee shall have the authority to decide the appropriateness and the amount of any such settlement. In the event that the terms of any such proposed settlement includes the release of the City and the City does not consent to the terms of any such settlement or compromise, Grantee shall not settle the claim or action but its obligation to indemnify the City shall in no event exceed the amount of such settlement. 15.3.3. The City shall be responsible for its own acts of willful misconduct or negligence, or breach of obligation committed by the City for which the City is legally Page 32 responsible, subject to any and all defenses and limitations of liability provided by law. The Grantee shall not be required to indemnify the City for acts of the City which constitute willful misconduct or negligence on the part of the City, its officers, employees, agents, attorneys, consultants, independent contractors or third parties. 15.4 Insurance and Indemnification Terms. The provisions in this Section 15 shall satisfy the requirements in Section 9 of the Ordinance. Section 16. FORCE MAJEURE 16.1 Force Majeure Definition. An event or events reasonably beyond the ability of the Grantee to anticipate and control. "Force Majeure" includes, but is not limited to, severe or unusual weather conditions, strike, labor disturbance, lockout, terrorism, war or act of war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, action or inaction of any government instrumentality or public utility including condemnation, accidents for which the Grantee is not primarily responsible, fire, flood or other act of God, sabotage, work delays because utility providers denied or delayed the Grantee access to utility poles to which the Grantee's Cable System is attached, and unavailability of materials and /or qualified labor to perform the work necessary if such acquisition of qualified labor would be commercially impracticable as defined in 47 U.S.C. § 545(t). 16.2 Force Majeure Conditions. The Grantee shall not be held in default under, or in noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by a Force Majeure. For purposes of this Franchise, any one (1) delay caused by any such occurrence shall not be deemed to last longer than six (6) months and the party claiming delay caused by any and all such occurrences shall give the other party written notice of the same Page 33 within 30 days after the date such claiming party learns of such occurrence. Notwithstanding anything else set forth above, after a total of twelve (12) months of delays of any type have been claimed by a party as being subject to Force Majeure, no further delays or claims of any type shall be claimed by such party as being subject to Force Majeure and /or being an excusable delay. Section 17. NON - DISCRIMINATION. The Grantee shall adhere to the Equal Employment Opportunity regulations of the FCC and to all federal, state, and local laws, and executive orders pertaining to discrimination, equal employment opportunity, and affirmative action, that are applicable to the Grantee. Section 18. MISCELLANEOUS PROVISIONS 18.1 Counterpart Copies. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. 18.2 Nonwaiver. The Grantee agrees that the City's waiver or failure to enforce or require performance of any term or condition of this Agreement or the City's waiver of any particular breach of this Agreement by the Grantee extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions or this Agreement except as set forth herein, or a waiver of any other breaches of this Agreement by the Grantee, and does not bar the City from requiring the Grantee to comply with all the terms and conditions of this Agreement and does not bar the City from asserting any and all rights and /or remedies the City has or might have against the Grantee under this Agreement or by law. 18.3 Rights of Third Parties. Nothing herein shall be construed to give any Person other than the Grantee or the City a right to assert any claim or cause of action against the Grantee or Page 34 the City, its employees, elected or appointed officials, officers, boards, authorities, commissions, committees, commissioners, or agents. 18.4 Forum Selection and Choice Of Law. By virtue of entering into this Agreement, the Grantee submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia (and, where applicable, federal law), and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia (and, where applicable, federal law). 18.5 Captions and Headings. The section captions and headings of this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 18.6 Faith Based Organization. Pursuant to Virginia Code Section 2.2- 4343.1, be advised that the City does not discriminate against faith based organizations. 18.7 Notice. Unless otherwise expressly stated herein, notices required under the Franchise shall be mailed first class, postage prepaid, or sent via recognized national overnight courier service to the addressees below. Notwithstanding the foregoing, notices required by 47 C.F.R. 76.1603 may be sent via electronic mail. Each party may change its designee by providing written notice to the other party. Notices to Grantee shall be mailed to: Shenandoah Cable Television, LLC 500 Shentel Way Edinburg, VA 22824 Attn: Chris Kyle, Vice President Page 35 Notices to the City shall be mailed to: Roanoke City Manager 215 Church Ave, SW Room 364 Roanoke, VA 24011 with copies to: Roanoke City Attorney 215 Church Ave, SW Room 464 Roanoke, VA 24011 18.8 Entire Agreement and Amendments. This Agreement, together with the Ordinance, constitutes the entire agreement of the parties hereto and supersedes all prior offers, negotiations, and agreements among the parties. No amendment to this Agreement shall be valid unless made in writing and signed by the parties hereto. 18.9. Exhibits. EXHIBIT A: Definitions EXHIBIT B: Initial Service Areas EXHIBIT C: EG Access Points EXHIBIT D: List of facilities with courtesy service EXHIBIT E: Sample Bond [SIGNATURE PAGE FOLLOWS] Page 36 IN WITNESS WHEREOF AND AGREED TO THIS DAY OF 92020, the parties hereto have signed this Agreement by their authorized representatives. City of Roanoke, Virginia I: Robert S. Cowell, Jr. City Manager Shenandoah Cable Television, LLC By: Chris Kyle Vice President Approved as to Form: Assistant City Attorney Authorized by Ordinance No. Page 37 Approved as to Execution: Assistant City Attorney EXHIBIT A DEFINITION 1. "Cable Service" shall have the same meaning as ascribed to the term "cable service" in the Cable Act. 2. "Cable System" shall have the same meaning as ascribed to the term "cable system" in the Cable Act. 3. "Channel" shall mean a portion of the electromagnetic frequency spectrum that is used in the Grantee's Cable System and that is capable of delivering a video signal as that term is defined by the FCC as of the Effective Date of this Agreement. 4. "City" shall mean the City of Roanoke, Virginia. 5. "EG" shall mean any Channel required by this Franchise Agreement to be provided by the Grantee and set aside for educational or governmental use. 6. "EG Access Channels" shall refer to the channel capacity on a System devoted to EG Access. 7. "FCC" shall mean the Federal Communications Commission or its successor. 8. "Franchise" shall mean the franchise granted pursuant to this Agreement. 9. "Home" shall mean any single family dwelling unit, whether a house, apartment, trailer or mobile home, rented room or otherwise. 10. "Person" shall mean any individual, firm, partnership, association, corporation, company, trust, or entity of any kind, but shall not include the County, the City, or the Town. 11. "PEG Access" shall mean public, educational and /or governmental use as provided in the Cable Act (47 U.S.C. §531). 12. "Service Area" shall mean the geographical area in the County, City or Town, as the context may require, in which a Franchisee is authorized by a Franchise to construct its System and to provide Cable Service; provided, however, that until the Grantee offers Cable Service throughout such Service Area, a Grantee's Service Area shall be such lesser portion in which it offers Cable Service. 13. "Streets" shall mean all public streets, roads, avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parkways, alleys, and all other public rights - of -way within or belonging to the County, City or Town, as the context may require. 14. "Subscriber" shall mean a Person lawfully receiving Cable Service on the Grantee's Cable System. 15. "VDOT" shall mean the Virginia Department of Transportation. Page 38 EXHIBIT B Initial Service Areas Page 39 Exhibit C EG Access Points Roanoke County Administration Building 5204 Bernard Drive, Roanoke, VA 24018 2. Roanoke Municipal Building 215 Church Avenue, SW, Roanoke, VA 24011 RVTV Studio 541 Luck Avenue, SW, Roanoke, VA 24016 Page 40 EXHIBIT D List of facilities with courtesy service ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS 40 DOUGLASS AVE NW ROANOKE, VA 24012 2104 GRANDIN RD SW ROANOKE, VA 24015 1220 5TH ST NW ROANOKE, VA 24016 1813 CARTER RD SW ROANOKE, VA 24015 161619TH ST NW ROANOKE, VA 24017 401 GILMER AVE NW ROANOKE, VA 24016 APT 121324 CAMPBELL AVE SW ROANOKE, VA 24016 2014 MEMORIAL AVE SW ROANOKE, VA 24015 2815 SPESSARD AVE SW ROANOKE, VA 24015 5401 BARNS AVE NW ROANOKE, VA 24019 1716 WILSON ST SE ROANOKE, VA 24013 201 19TH ST SW ROANOKE, VA 24016 1210 AMHERST ST SW ROANOKE, VA 24015 1004 MONTROSE AVE SE ROANOKE, VA 24013 2014 MEMORIAL AVE SW ROANOKE, VA 24015 3911 GREENLAND AVE NW ROANOKE, VA 24012 3601 FERNCLIFF AVE NW ROANOKE, VA 24017 1160 OVERLAND RD SW ROANOKE, VA 24015 3057 COLONIAL AVE SW ROANOKE, VA 24015 1125 SHERWOOD AVE SW ROANOKE, VA 24015 1212 5TH ST SW ROANOKE, VA 24016 648 WESTWOOD BLVD NW ROANOKE, VA 24017 1525 SALEM AVE SW ROANOKE, VA 24016 2730 MELROSE AVE NW ROANOKE, VA 24017 3229 WILLIAMSON RD NW ROANOKE, VA 24012 1802 LIBERTY RD NW ROANOKE, VA 24012 2020 OAKLAND BLVD NW ROANOKE, VA 24012 3142 PRESTON AVE NW ROANOKE, VA 24012 3901 WILLIAMSON RD NW ROANOKE, VA 24012 1441 WESTSIDE BLVD NW ROANOKE, VA 24017 4501 OLIVER RD NE ROANOKE, VA 24012 3649 FERNCLIFF AVE NW ROANOKE, VA 24017 2102 GRANDIN RD SW ROANOKE, VA 24015 40 DOUGLASS AVE NW ROANOKE, VA 24012 502 19TH ST SE ROANOKE, VA 24013 1160 OVERLAND RD SW ROANOKE, VA 24015 Page 41 ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS CITY OF ROANOKE ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS 1160 OVERLAND RD SW ROANOKE, VA 24015 3601 FERNCLIFF AVE NW ROANOKE, VA 24017 1813 CARTER RD SW ROANOKE, VA 24015 3649 FERNCLIFF AVE NW ROANOKE, VA 24017 1220 5TH ST NW ROANOKE, VA 24016 2202 GRANDIN RD SW ROANOKE, VA 24015 1004 MONTROSE AVE SE ROANOKE, VA 24013 40 DOUGLASS AVE NW ROANOKE, VA 24012 2102 GRANDIN RD SW ROANOKE, VA 24015 40 DOUGLASS AVE NW ROANOKE, VA 24012 3601 FERNCLIFF AVE NW ROANOKE, VA 24017 315 CHURCH AVE SW ROANOKE, VA 24016 40 DOUGLASS AVE NW ROANOKE, VA 24012 2104 GRANDIN RD SW ROANOKE, VA 24015 1220 5TH ST NW ROANOKE, VA 24016 1813 CARTER RD SW ROANOKE, VA 24015 161619TH ST NW ROANOKE, VA 24017 401 GILMER AVE NW ROANOKE, VA 24016 APT 121324 CAMPBELL AVE SW ROANOKE, VA 24016 2014 MEMORIAL AVE SW ROANOKE, VA 24015 2815 SPESSARD AVE SW ROANOKE, VA 24015 5401 BARNS AVE NW ROANOKE, VA 24019 1716 WILSON ST SE ROANOKE, VA 24013 201 19TH ST SW ROANOKE, VA 24016 1210 AMHERST ST SW ROANOKE, VA 24015 1004 MONTROSE AVE SE ROANOKE, VA 24013 2014 MEMORIAL AVE SW ROANOKE, VA 24015 3911 GREENLAND AVE NW ROANOKE, VA 24012 3601 FERNCLIFF AVE NW ROANOKE, VA 24017 1160 OVERLAND RD SW ROANOKE, VA 24015 3057 COLONIAL AVE SW ROANOKE, VA 24015 1125 SHERWOOD AVE SW ROANOKE, VA 24015 1212 5TH ST SW ROANOKE, VA 24016 648 WESTWOOD BLVD NW ROANOKE, VA 24017 1525 SALEM AVE SW ROANOKE, VA 24016 2730 MELROSE AVE NW ROANOKE, VA 24017 3229 WILLIAMSON RD NW ROANOKE, VA 24012 1802 LIBERTY RD NW ROANOKE, VA 24012 2020 OAKLAND BLVD NW ROANOKE, VA 24012 3142 PRESTON AVE NW ROANOKE, VA 24012 Page 42 ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS ROANOKE CITY PUBLIC SCHOOLS CITY OF ROANOKE BERGLUND CENTER AUDITORIUM BERGLUND CENTER COLISEUM BERGLUND CENTER EXHIBIT HALL BERGLUND CENTER - SPECIAL EVENTS BLDG. COURTHOUSE EMPLOYEE HEALTH SERVICES EUREKA PARK REC CENTER FIRE STATION #01- HISTORIC FIRE /EMS STA #01 FIRE STATION #02 FIRE /EMS STA #03 FIRE STATION #04 FIRE STATION #05 FIRE STATION #06 FIRE STATION #07 FIRE STATION #08 FIRE STATION #09 FIRE STATION #11 FIRE STATION #11- FIRE TRAINING TOWER 3901 WILLIAMSON RD NW ROANOKE, VA 24012 1441 WESTSIDE BLVD NW ROANOKE, VA 24017 4501 OLIVER RD NE ROANOKE, VA 24012 3649 FERNCLIFF AVE NW ROANOKE, VA 24017 2102 GRANDIN RD SW ROANOKE, VA 24015 40 DOUGLASS AVE NW ROANOKE, VA 24012 502 19TH ST SE ROANOKE, VA 24013 1160 OVERLAND RD SW ROANOKE, VA 24015 1160 OVERLAND RD SW ROANOKE, VA 24015 3601 FERNCLIFF AVE NW ROANOKE, VA 24017 1813 CARTER RD SW ROANOKE, VA 24015 3649 FERNCLIFF AVE NW ROANOKE, VA 24017 1220 5TH ST NW ROANOKE, VA 24016 2202 GRANDIN RD SW ROANOKE, VA 24015 1004 MONTROSE AVE SE ROANOKE, VA 24013 40 DOUGLASS AVE NW ROANOKE, VA 24012 2102 GRANDIN RD SW ROANOKE, VA 24015 40 DOUGLASS AVE NW ROANOKE, VA 24012 3601 FERNCLIFF AVE NW ROANOKE, VA 24017 315 CHURCH AVE SW ROANOKE, VA 24016 710 WILLIAMSON ROAD, N.E. 710 WILLIAMSON ROAD, N.E. 710 WILLIAMSON ROAD, N.E. 710 WILLIAMSON ROAD, N.E. 315 CHURCH AVENUE, S.W. 107 Church Ave., S.W. 1529 CARROLL AVENUE, N.W. 13 CHURCH AVENUE, S.E. Franklin Road /Elm Ave. 55 NOBLE AVENUE, N.E. 4803 Williamson Road 3763 PETERS CREEK ROAD, S.W. 216 12TH STREET, N.W. 1333 JAMISON AVENUE, S.E. 1742 MEMORIAL AVENUE, S.W. 2328 CRYSTAL SPRING AVE., S.E. 514 24TH STREET, N.W. 2264 BENNINGTON ST., S.E. 1502 RIVERLAND ROAD, S.E. Page 43 FIRE STATION #13 FIRE STATION #14 GARDEN CITY REC CENTER GRANDIN COURT REC CENTER JAIL JAIL ANNEX JEFFERSON CENTER POLICE ACADEMY LIBRARY, MAIN LIBRARY, GAINSBORO (HISTORIC) LIBRARY, JACKSON PARK LIBRARY, MELROSE LIBRARY, RALEIGH COURT LIBRARY, WILLIAMSON ROAD MARKET BUILDING MTN VIEW REC CENTER (HISTORIC) MUNICIPAL NORTH MUNICIPAL SOUTH CHURCH AVENUE PARKING GARAGE ECONOMIC DEVELOPMENT OFFICES U.S. POSTAL SERVICE Park Roanoke office POLICE BUILDING, NORTH (PHASE 1) POLICE BUILDING, SOUTH (PHASE 11) PRESTON PARK RECREATION CENTER PUBLIC WORKS SERVICE CENTER MAIN BLDG. SALEM AVENUE ANNEX 4330 APPLETON AVENUE, N.W. 1061 MECCA ST, N.E. 3741 YELLOW MTN ROAD, S.E. 2621 BARHAM ROAD, S.W. 324 CAMPBELL AVENUE, S.W. 340 CAMPBELL AVE, S,W. 541 Luck Ave SW 504 Barnes Ave. 706 SOUTH JEFFERSON STREET 15 PATTON AVENUE, N.W. 1101 MORNINGSIDE AVE., S.E. 2607 SALEM TURNPIKE, N.W. 2112 GRANDIN ROAD, S.W. 3837 WILLIAMSON ROAD, N.W. CAMPBELL AVENUE & WALL STREET 71413TH STREET, S.W. 210 CAMPBELL AVENUE, S.W. 215 CHURCH AVENUE, S.W. 121 CHURCH AVE, S.W. 121 CHURCH AVE, S.W. 121 CHURCH AVE, S.W. 121 CHURCH AVE, S.W. 348 CAMPBELL AVE., S.W. 348 CAMPBELL AVE., S.W. 3137 PRESTON AVE., N.E. 1802 COURTLAND AVENUE, N.E. 339 SALEM AVENUE, S.W. Page 44 EXHIBIT E Sample Bond FRANCHISE BOND KNOW ALL MEN BY THESE PRESENTS, THAT Shentel Cable Television, LLC, as Principal, and having its executive office in , as Surety, are held and firmly bound unto the City of Roanoke, VA, hereinafter referred to as Obligee, in the penal sum of twenty thousand Dollars ($20,000.00) for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, the liability of the Surety being limited to said penal sum regardless of the number of years this bond remains in force or is renewed, of the number of premiums that shall be payable or paid, the number of Subscribers to the system and /or legal fees which may be required and incurred. WHEREAS, the Obligee has granted a franchise to Principal ( "Franchise Agreement ")to use the public streets, alleys and public ways to erect, construct, install, and maintain a Cable System and to construct, install, and maintain associated equipment, including wires, cables, conduits and appurtenances necessary to the sale and distribution of Cable Television services in and along the streets, alleys, and other public ways in the City of Roanoke, VA and in and on the property of the City of Roanoke, VA. WHEREAS, this Bond shall be used to ensure Principal's compliance with the material terms and conditions of the Franchise Agreement, the Council of the City of Roanoke Ordinance No. 36503- 100603, Sections 15.2 2108.19 et seq. of the Code of Virginia, and the mandatory requirements of 47 U.S.C. §§ 521 573 and any rules promulgated thereunder, and compliance with all lawful orders, permits, and directions of any agency, commission, board, department, division, or office of the City or VDOT having jurisdiction over the acts of the Principal, or defaults under the Franchise Agreement or the payment by Principal of any penalties, liquidated damages, claims, liens, and taxes due the City which arise by reason of the construction, operation, or maintenance of Principal's cable system in the City, including, restoration of the public rights -of -way and the cost of removal or abandonment of any property of a cable operator. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall faithfully perform, well and truly observe and fulfill their terms and conditions of the franchise, then this obligation shall be null and void; otherwise it shall remain in full force and effect until cancelled. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder, that in the event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be immediately delivered to the Surety by registered mail at its Home Office at AND PROVIDED FURTHER that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless same be brought or instituted and process served upon the surety within twelve (12) months after an act of breach or cancellation of this bond or termination of said franchise, whichever occurs first. Page 45 It is hereby understood and agreed that this bond may not be cancelled without the consent of the City until sixty (60) days after receipt by the City by registered mail, return receipt requested, of a written notice of intent to cancel or not renew. Such cancellation shall not affect any liability incurred or accrued under this Bond prior to the effective date of such termination or cancellation. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 92020. Witness: Witness: SURETY ACKNOWLEDGMENT STATE OF COUNTY /CITY OF Shentel Cable Television, LLC wo SURETY L-In On this day of , 2020, personally appeared , known to me to be the Attorney in Fact of , and acknowledged to me that he executed the within instrument first written above. Notary Public Commission expires: Page 46 �,2�� jqs -'-4 1 Psi 4 13 } F IwFA ' i t lilt i ri SHERMAN M STOVALL, ASSISTANT CITY MGR Attn R. Brian Townsend, Assistant City Manager for Operations 215 CHURCH AVENUE, S. W., SUITE 456 ROANOKE, VA 24011 Date Category 02/19/2020 Legal Notices NOTICE OF PUBLIC HEARING Pursuant to the provisions of Sections 15.2- 2108.19, et seq., Code of Virginia (1950), as amended, and the federal Cable Communications Policy Act of 1984, as amended, 47 U.S.C. §541(a), the City of Roanoke proposes to grant a ten year cable television franchise to Shenandoah Cable Television, LLC ( "Shentel ^). A copy of the proposed franchise agreement between the City of Roanoke and Shentel, and the proposed ordinance authorizing the City to enter into the franchise agreement with Shentel may be reviewed by the public on and after Monday, February 3, 2020, in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011. Notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Tuesday, February 18, 2020, commencing at 7:00 p.m., local time, or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke. Virginia. Further information is available in the Office of the city Clerk, (540) 853 -2541. All parties and interested citizens may appear on the above date and be heard and give comment on the matter. If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541 before 12:00 noon on Thursday, February 13, 2020. GIVEN under my hand this 3rd day of February 2020. Cecelia F. McCoy, Acting City Clerk (1055264) The Roanoke Times Roanoke, Virginia Affidavit of Publication Description Ad Size NOTICE OF PUBLIC HEARING Pursuant to the provisions of 1 x 60 L Publisher of the Roanoke Times Account Number 6017304 Date February 10, 2020 I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 02/03, 02/10/2020 The First insertion being given ... 02/03/2020 Newspaper reference: 0001055264 Billing Representative Sworn to and subscribed before me this Monday, February 10, 2020 Total Cost 617.20 Notary Public Sharon R Carsten State of Virginia NOTARY PUBLIC City /County of Roan6Wmonwealth of Virginia My Commission e iyesegistration Number 329549 mmis. THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU �r NOTICE OF PUBLIC HEARING Pursuant to the provisions of Sections 15.2- 2108.19, et se q., Code of Virginia (1950), as amended, and the federal Cable Communications Policy Act of 1984, as amended, 47 U.S.C. §546(h), the City of Roanoke proposes to grant a ten year cable television franchise to Shenandoah Cable Television, LLC ( "Shentel "). A copy of the proposed franchise agreement between the City of Roanoke and Shentel, and the proposed ordinance authorizing the City to enter into the franchise agreement with Shentel may be reviewed by the public on and after Monday, February 3, 2020, in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011. Notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Tuesday, February 18, 2020, commencing at 7:00 p.m., local time, or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia. Further information is available in the Office of the City Clerk, (540)853- 2541. All parties and interested citizens may appear on the above date and be heard and give comment on the matter. If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540)853 -2541 before 12:00 noon on Thursday, February 13, 2020. GIVEN under my hand this 3rd day of February, 2020. Cecelia F. McCoy, Acting City Clerk Note to Publisher: Please publish twice in The Roanoke Times, once on February 3, 2020, and once on February 10, 2020, in the Legal Notices section of the paper. Send Publisher's Affidavit Cecelia F. McCoy, Acting City Clerk 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Send Bill to: Sherman Stovall, Assistant City Manager 215 Church Avenue, S.W. Room 364 Municipal South Roanoke, VA 24011 City of Roanoke 'e H P,+ x I I� �, .. k` Our Mission: Ensure that rural communities have access to the same level of telecommunication services as those found anywhere else in the US. SHENTEL Overview 116 year old company (NASDAQ: SHEN) focused on delivering broadband, CATV, phone, and wireless service (Sprint branded) to rural markets. • Advanced Networks • Excellent Customer Support • Local Community Investment & Partnership nTelos Wireless acquisition in 2016 • 1 million wireless subs • 6t" largest wireless provider in the US 1,050 employees $630 million in annual revenues and profitable SHENTEL 6,000 miles of fiber and countin • 200K+ Homes Passed w /Broadband • 6,000+ Fiber Route Miles • Fiber to over 325 cell sites KY Vat. KY Moga � . Briygcpr rt Parke,stwrg er bUrq 3ehngt �3rar tsvll� Sutton f l :r i ChatI "tcR AIC.hntnn Wyt Princeton lark FI Marlinsyll Fttrritbur ' + lechan tc sburq ritsle L7 Sh'.Ppcn sb-rg Yolk / � Getd burg Har°ouer Spr `r 45 I kt�rc} r rg �.chapherasto.Vr" MD YwfeChlftNyuflle $ <� t�•arstrar Streab Et�sbUrq ` - ' Heir tl�n oadst Vasbingion, D.C. E t, .I,,.. Warrsnlo. w #+le +ket C,illrlCariier tlrrtkorlwrR —_ ° Staunton ""•"+ Charlc+ltaiV "aln Waynesboro 1- txiogton VA buenanan Amherst Dil`wr-1 Richomw Map Key: mat rmvila Shentel Fiber Routes U6ttJUr{� 't" r� r Dinwi a d Cable Market Coverage At lacksto. Mrwnt ennno Wireless Coverage uth Aoatc Sou hlw nc th a wreevtlte Launched FTTH Market . wA1B_ Planned FTTH Market SHENTEL ,.91ofiber What is it? • Triple play (Internet, Video, Phone) • Ultra -high speed bandwidth and connectivity of fiber optics to homes and businesses • Future proof solution • Speed, capacity, and reliability • Symmetrical bandwidth (distance learning, telehealth, etc.) Economic development impact o Hospitals /Medical Field o University & Education o Private employers SHENTEL Timeline Municipal Engagement • Pending approval Utility Engagement • Public Works & Electric Utility Engineering & Construction • Engineering Surveys & Permits - Ongoing • Construction — commence Q4 2020 and continue through 2023 Local jobs will include Marketing, Sales, and Operations positions Sales & Marketing — 2021 Community Engagement Other q-11t I wMf M, ro KeTrIWIMIATh. tibglofiber Summary O Technology and service plan Providing fiber to the home (gigabit speeds), and triple play of services (Internet, Video, Voice) CD Engineering / Permitting / Construction 2020 through 2023 (I Continuing to expand service in the Roanoke area IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2020. No. 41679- 021820. AN ORDINANCE accepting the bid of JS Project LLC to execute a Parking Agreement with an initial term of twenty (20) years, with such entity having the option to renew such Parking Agreement for up to four (4) additional five (5) year periods and which Parking Agreement will allow such entity to obtain up to forty -five (45) Unreserved Parking Permits for use of spaces in the City's Center In The Square Garage, upon certain terms and conditions; authorizing the City Manager to execute such a Parking Agreement; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to implement, administer, and enforce such Parking Agreement; rejecting any other bids; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City has, by advertisement published once a week for two successive weeks in a paper of general circulation published in the City, publicly invited bids for the execution of a Parking Agreement for the purposes mentioned above; WHEREAS, one bid(s) for the execution of a Parking Agreement for the purposes mentioned above was /were received pursuant to the advertisement and such bid(s) was /were opened at the City Council meeting held on February 18, 2020; WHEREAS, on February 18, 2020, JS Project LLC (Developer) submitted a bid to the City for the execution of a Parking Agreement for the purposes mentioned above upon substantially the same terms as contained in the proposed Parking Agreement that was on file in the City Clerk's Office; Ordinance Accepting Bids Parking Agreement 1 WHEREAS, the matter was referred to the City Manager for evaluation and negotiation with Developer as to the final terms and conditions for such Parking Agreement; WHEREAS, negotiations between the City Manager and Developer have resulted in a Parking Agreement that provides for Developer to obtain up to forty -five (45) Unreserved Parking Permits in the City's Center In The Square Garage in order to allow guests of a Hotel, to be constructed by Developer, to use parking spaces in Center In The Square Garage, upon certain terms and conditions as set forth in the Parking Agreement, for a period of twenty (20) years, starting on the date when the Hotel is issued a permanent Certificate of Occupancy, provided the permanent Certificate of Occupancy is issued by December 31, 2020, and ending at midnight on the last day of such 20 year term, but with the Developer having the option to renew such Parking Agreement for up to four (4) additional five (5) year periods, with each option being automatically exercised and the Parking Agreement being renewed for each five (5) year term unless terminated by Developer as provided in the Parking Agreement, unless sooner terminated as provided for in such Parking Agreement or in accordance with the law; WHEREAS, the City Manager recommends that Council accept the bid of Developer and approve the execution of such Parking Agreement, substantially similar to the copy attached to the City Council Agenda Report dated February 18, 2020; WHEREAS, after proper and timely notice as required by the Code of Virginia, Council held a Public Hearing on this matter at its regular meeting on February 18, 2020, at which hearing all parties in interest and persons were given an opportunity to be heard, both for and against the proposed Parking Agreement; Ordinance Accepting Bids Parking Agreement 2 WHEREAS, City Council determined that the bid of Developer to execute a Parking Agreement as set forth above, upon certain terms and conditions, was the most responsive and responsible bid received by the City and Council desires to accept such bid. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council accepts the bid of Developer and hereby makes an award for the Parking Agreement to Developer, subject to certain terms and conditions as further noted in the City Council Agenda Report dated February 18, 2020, to this Council and upon such other terms and conditions as the City Manager may deem appropriate and agree to. Council further finds that it will be in the best interest of the City to award the Parking Agreement as set forth above and will help in promoting economic development in downtown Roanoke. Any and all other bids made to the City for the above mater are hereby rejected. 2. The City Manager is hereby authorized to execute a Parking Agreement between the City and Developer that provides for Developer to obtain up to forty -five (45) Unreserved Parking Permits in the City's Center In The Square Garage for the purposes set forth above and subject to the terms of the Parking Agreement, which Agreement shall be substantially similar to the one attached to the above mentioned City Council Agenda Report and upon such other terms as the City Manager deems appropriate and agrees to. Such Parking Agreement shall be in a form approved by the City Attorney. The bond or security in the amount of $15,000.00 to be provided by the Developer shall be in such form as the City Manager deems appropriate. 3. The Parking Agreement referred to above shall be for an initial term of twenty (20) years, starting on the date when a permanent Certificate of Occupancy is issued for the hotel to be constructed by Developer, provided the permanent Certificate of Occupancy is issued by December 31, 2020, and ending twenty (20) years thereafter, but with the Developer having the Ordinance Accepting Bids Parking Agreement 3 option to renew such Parking Agreement for up to four (4) additional five (5) year periods with each option being automatically exercised and the Parking Agreement renewed for each five (5) year period unless Developer terminates the Parking Agreement as provided therein, unless sooner terminated as provide for in such Parking Agreement or in accordance with the law. 4. The City Manager is further authorized to take such further actions and to execute such further documents as may be necessary to implement, administer, and enforce such Parking Agreement, which includes, but is not limited to, any needed modifications to such Parking Agreement. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 6. This Ordinance is effective as of the date of its passage. ATTEST: C.eu&a., �. rncc&t City Clerk. Ordinance Accepting Bids Parking Agreement 4 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 18, 2020 Subject: Public Hearing for a Parking Agreement for Unreserved Parking Permits for the Center in the Square Garage located at 1 1 Campbell Avenue, S.E. Background: The City of Roanoke is proposing to provide a Parking Agreement for 45 unreserved parking permits within the Center in the Square Garage, a City - owned parking facility located at 11 Campbell Avenue, S.E. in connection with development of a hotel. The term for this Agreement would be for a period of twenty (20) years with the right to extend the terms of the Agreement for up to four (4) additional five (5) year periods. Pursuant to Sections 15.2-2100 and 15.2-2101, Code of Virginia (1950), as amended, the City is required to give public notice that the City is proposing to provide a franchise for parking rights subject to certain terms and conditions, establish a bid procedure for parties interested in bidding on the franchise, and conduct a public hearing. A copy of the proposed agreement and related bid forms were placed with the City Clerk for public information and review on and after February 3, 2020. The required legal advertisements ran in the Roanoke Times on February 3, 2020 and February 10, 2020. The deadline for submittal of bids to the City Clerk from interested parties was Friday February 14, 2020 at 12:00 Noon. A single written bid, being the only one received, was opened and read earlier today at the 2:00 p.m. City Council session pursuant to Section 15.2-2102 Code of Virginia (1950), as amended. JS Project LLC ( "Developer ") submitted a bid consistent with all proposed terms of the parking agreement advertised with the bid invitation. The matter was referred to the City Manager for review, evaluation, and recommendation. A copy of the proposed parking agreement, with exhibits (cited hereafter as the "Parking Agreement "), is attached to this report. Considerations The proposed Parking Agreement sets forth additional terms and conditions relevant to development and operation of Developer's hotel, including, but not limited to, the following: The term of the Parking Agreement will begin on the date on which the Hotel opens for business to the public as a Hotel provided that Developer notifies the City in writing of the opening date for the Hotel, at least sixty (60) and not more than ninety (90) days prior to the opening date of the Hotel and will continue for a period of twenty (20) years, unless terminated sooner, as provided for in the draft Parking Agreement attached to this report or in accordance with the law. Buyer will have the option to renew the Agreement for up to four (4) additional, five (5) year periods. Each such option will automatically be exercised and the Agreement renewed for the additional five (5) year period unless terminated by Buyer by written notice to the City at least ninety (90) days prior to expiration of the most current term. 2. The maximum number of parking permits available to Developer will 45 and Developer will notify the City by 3:00 p.m. the preceding day of the number of parking permits required for Hotel Guests the next day. The City will subsequently set aside that number of parking spaces in the Garage for the next Hotel Parking Day. Such notice will be provided in writing and delivered via email or by hand to the Park Roanoke Offices. Developer acknowledges and agrees parking permits are to be used only in the Garage and by Hotel guests during the time periods as set forth in the Parking Agreement. Invoices for the prior month's Usage of Parking and Overstay Charges will be billed to Developer on or about the 10`h of each month with payment due to the City the first day of the following month. Such payment will be in one check made payable to "Park Roanoke." 3. The City intends to operate the Center in the Square Garage 24 hours per day and will establish posted rates for the general public to use the Center in the Square Garage, including a Daily Maximum Rate, and an Hourly Rate in the format set forth in Exhibit A of the Parking Agreement. Developer shall pay to the City during the term of this Parking Agreement the Daily maximum Rate multiplied by the greater of (i) the number of Parking Permits reserved by the Developer during a calendar month or (ii) the number of Parking Permits used by Hotel Guests during such calendar month ( "Usage of Parking "). For the purpose of this formula, each parking permit shall be one Hotel Parking Day stay. A Hotel Parking Day shall begin at 3:00 p.m. on the day on which a Hotel Guest checks into the Hotel and ending at 4:00 p.m. on the following day. 4. Prior to the Hotel opening for business, the City and Developer will pay their prorata share of costs associated with the purchase and installation of Access and Revenue Equipment, along with any hardware and /or software needed by the City and Developer for the Developer's use of the Garage. Thereafter, Developer will be required to pay for any maintenance, repair, upgrade, or replacement of equipment and systems which specifically relate to the administration of the parking permits and 2 the City shall pay for the maintenance, repair, upgrade, or replacement of the system which relates to the general operation of the Garage. The bid submitted by Developer was fully responsive to the invitation. Developer has provided sufficient evidence of its ability to undertake the obligations contained in the Parking Agreement. After proper and timely notice as required by the Code of Virginia, Council held a public hearing on this matter at its 7:00 p.m. session on February 18, 2020, at which public hearing all parties in interest and persons were given the opportunity to be heard, both for and against the proposed Parking Agreement. The City Manager recommends that the Council find that the bid of JS Project LLC on this matter is from a responsible bidder and is responsive. The City Manager further recommends that Council accept such bid and approve the execution of the proposed Parking Agreement. Recommended Action: Accept the bid and award the Parking Agreement to JS Project LLC. Approve the Terms of the Parking Agreement between the City of Roanoke and JS Project LLC as set forth in the proposed Parking Agreement attached to this report. Authorize the City Manager to execute the Parking Agreement between the City and JS Project LLC, similar to the proposed Parking Agreement attached to this report and approved as to form by the City Attorney, and to enforce any and all terms and conditions of such Parking Agreement. Authorize the City Manager to take such further actions and to execute such further documents, approved as to form by the City Attorney, as may be necessary to implement, administer, and enforce the Parking Agreement and to accomplish the above matters and complete the use of the Property described in the proposed Parking Agreement. - - - - -- --------------- - -- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Robert Ledger, Director, Economic Development Marc B. Nelson, Manager, Economic Development 3 DRAFT 2/18/2020 PARKING AGREEMENT This Parking Agreement ( "Agreement" or "Parking Agreement ") is dated February , 2020 and is between the City of Roanoke, Virginia, a Virginia municipal corporation, ( "City "), and JS Project LLC, a Virginia limited liability company ( "Developer "). RECITALS: WHEREAS, the City is the owner and operator of a certain public parking garage named Center in the Square Garage located at 11 Campbell Avenue, S.E., Roanoke, Virginia, which garage provides parking spaces to the public ( "Garage "); WHEREAS, the Developer plans to develop, construct, open, and operate a hotel with at least 50 rooms at 101 South Jefferson Street, Roanoke, Virginia 24011 ( "Hotel ") and which Hotel shall be operated by an entity designated by the Developer ( "Hotel Operator "); WHEREAS, the City recognizes that for a favorable development of the Hotel, it is necessary for its patrons to have access to adequate public parking convenient to the Hotel; WHEREAS, readily available and convenient public parking shall be made available to the Hotel's guests, patrons, and visitors on the same basis as it is available to the general public; WHEREAS, the Developer has requested that the City provide the Developer with up to 45 unreserved parking permits for the parking for each Hotel Parking Day (as the term "Hotel Parking Day" is defined in this Agreement) (individually, "Parking Permit" and collectively, "Parking Permits ") of motor vehicles by the Hotel's guests, patrons, and visitors for the Hotel's nonexclusive use in the Garage for a period of twenty (20) years from the date of the City's issuance of a permanent Certificate of Occupancy for the Hotel, provided such permanent Certificate of Occupancy is issued on or before December 31, 2020, with the right to extend the term of the Parking Agreement for up to four (4) additional five (5) year periods subject to the terms of this Parking Agreement, and such Parking Permits are to be provided pursuant to the parking rates set out in Exhibit A (which rates are subject to modification by City Council from time to time), which is attached hereto and made a part hereof (the "Posted Rates "); WHEREAS, this Parking Agreement is specifically conditioned on the Developer completing the Hotel and having it active and open to the public for business during the entire term of this Agreement; WHEREAS, the parties have complied with the provisions of Virginia Code Sections 15.2 -2100 et seq. for this Parking Agreement as authorized by Ordinance No. , adopted by City Council on February , 2020; and WHEREAS, the City is agreeable to providing the Developer with the Parking Permits based on the terms and provisions of this Parking Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and conditions set forth herein, the Parties agree that the above Recitals are incorporated into this Agreement and made a part of it and that the Parties further agree as follows: SECTION 1. NO BAILMENT. This is a Parking Agreement and no bailment is created by this Parking Agreement. SECTION 2. GRANT OF PARKING PERMITS. The City hereby grants to Developer Parking Permits, as defined in this Section 2 and also as described in Section 3, for use in the Garage areas described in Section 3(C) hereof. The Parking Permits hereby granted shall become available for use by the Developer, in accordance with the terms of this Agreement, on the date on which the Hotel opens for business to the public as a hotel provided that Developer notifies the City in writing of the opening date of the Hotel at least sixty (60) days and not more than ninety (90) days prior to the opening date of the Hotel. In the event that written notice is not provided to the City sixty (60) days prior to the opening of the Hotel, the Parking Permits shall be available sixty (60) days after the City receives the written notification required herein. The Parking Permits are to be used only by the guests, patrons, and visitors of the Hotel (collectively "Hotel Guests" and individually a "Hotel Guest "), but which specifically excludes Hotel workers and employees, in the unreserved parking spaces designated by the City. Such Parking Permits will be in the form of hotel access cards that will allow the user of such card access to the Garage. SECTION 3. PARKING PERMITS. A. The City intends to operate the Garage 24 hours per day throughout each year. The Parking Permits in the Garage shall only be used in the Garage by such Hotel Guests and may be used during the time periods as set forth in Section 5(A). Developer acknowledges and agrees that such Parking Permits shall only be used for the vehicles of the Hotel Guests, in the Garage in the areas as designated by the City in Section 3(C) hereof. The maximum number of Parking Permits available to Developer shall be equal to 45. B. Each of the Parking Permits shall be subject to all applicable rules and regulations applicable to other parking permits issued for the Garage and subject to the same provisions as other users of the Garage, which rules and regulations are attached as Exhibit B, except that each such Hotel Guest will have access to the Garage during the time periods as set forth in Section 5(A). The City agrees that the rules and regulations applicable to such Parking Permits will be reasonable and further agrees to make the Developer aware of the rules and regulations applicable to the users of the Garage. The Developer agrees that the Developer and Hotel staff shall be responsible to provide written notice to the Hotel Guests regarding compliance with such rules and regulations and the liability of Hotel Guests to the City for all damages, costs, and expenses resulting from such Hotel Guest's violations of such rules and regulations. The City and its Parking Management Company, if any, shall not be responsible to any Hotel Guests for any items left in any vehicle or for any damage to the vehicle. Such other rules and regulations that are applicable to other users of the Garage shall be applicable to Hotel Guests. Such rules and regulations are subject to being amended, modified, 2 and /or changed by the City at the City's discretion, so long as all rules apply uniformly to all users of the Garage. C. The City hereby acknowledges that the Parking Permits provide the Developer a non - exclusive right of access for ingress, egress, and parking in the Garage as set forth in this Agreement for the purpose of parking motor vehicles of Hotel Guests with the right of vehicular and pedestrian access, ingress, egress, on, over, and across the paved entrance and exit ways, ramps, walkways, stairways, and City owned elevators in the Garage. The Parking Permits will allow access to all levels of the Garage with the exception of any reserved parking spaces or any security areas as are designated in the sole discretion of the City from time to time. D. The City and the Developer and /or the Hotel Operator, shall designate their respective representatives who will meet on a regular basis (not less frequently than quarterly during each calendar year during the term of this Agreement) to review the operations of the Garage, distribution and use of Parking Permits, and other matters to assess what changes, alterations or additions should be established to ensure that the interests of the City in the operation of the Garage and the interests of the Developer and the Hotel Operator in the issuance and use of Parking Permits are satisfied. The City and the Developer agree that such representatives may amend, adjust, or supplement any of the provisions of this Section 3 provided such representatives agree to any such amendments, adjustments, or supplements in writing and are executed by all of the representatives. The representatives of the City and the Developer and /or the Hotel Operator shall negotiate in good faith to reach appropriate amendments, alterations, or adjustments as the circumstances may warrant. SECTION 4. TERM. The term of this Parking Agreement shall be for a period of twenty (20) years, starting on the date of issuance of a permanent Certificate of Occupancy for the Hotel, which date shall be no later than December 31, 2020, and continuing for a period of twenty (20) years unless this Parking Agreement is sooner terminated as provided for in this Parking Agreement or in accordance with the law. The Developer shall have the option to renew this Parking Agreement for up to four (4) additional, five (5) year periods, each such option shall be automatically exercised and this Parking Agreement renewed for such additional five (5) year period unless terminated by Developer by providing at least ninety (90) days (the term "days" in this Agreement shall mean consecutive calendar days unless otherwise stated) written notice to the City prior to the expiration of the then current term (initial term and any subsequent terms, collectively the "Term "). SECTION 5. COST OF PARKING PERMITS. A. The City will establish the Posted Rates for the general public to use the Garage, including a Daily Maximum Rate, and a Hourly Rate in the format set forth in Exhibit A The Posted Rates shall be updated by City Council from time to time in accordance with Section 5 (G) below and shall be inclusive of all taxes, insurance, expenses, etc. B. Developer shall pay to the City during the term of this Parking Agreement the Daily Maximum Rate multiplied by the greater of (i) the number of Parking Permits reserved by the Developer during a 3 calendar month or (ii) the number of Parking Permits used by Hotel Guests during such calendar month ( "Usage of Parking "). For the purpose of this formula, each Parking Permit shall be one Hotel Parking Day stay. A Hotel Parking Day shall begin at 3:00 p.m. on the day on which a Hotel Guest checks into the Hotel and ending at 4:00 p.m. on the following day. For example, if a Hotel Guest checks in at 3:00 p.m. on Tuesday and checks out at 11:00 a.m. on Friday, when the Daily Maximum Rate is $8.00, then the Developer would pay for three (3) Hotel Parking Days for such Hotel Guest at $8.00 each, resulting in a total of $24.00 for that Hotel Guest's use of Parking Permits. C. Each access card shall allow one vehicle unlimited ingress and egress from 3:00 p.m. on the day of check in (or earlier as allowed pursuant to Section 5 (I)(2) below) until the time of check -out, which shall be no later than 2:00 p.m. After check -out, the access card shall provide for one egress with no additional ingress. Should a vehicle exit the Garage after 4:00 p.m. of the day of check -out, the City shall bill the Developer the Posted Rates for use of the parking space between 4:00 p.m. on the day of check -out and the actual time of egress for that vehicle (the "Overstay Charges "). D. For the use of the Parking Permits, the Hotel Guests may utilize parking in the Garage on a self -park basis only. E. Invoices for the prior month's Usage of Parking and Overstay Charges will be billed to the Developer on or about the 10th of each month. Payment shall be due to the City the first day of the following month and shall be paid by the Developer in one check made payable to "Park Roanoke ", 117 Church Avenue, S.W., Roanoke, Virginia 24011, or at such other address and /or other payee as City may designate in writing to Developer. In the event Developer shall fail to make such monthly payment by the 5th of each month, a late fee will be assessed for each invoice for which payment is late. The initial late fee will be ten percent (10 %) of the monthly invoice amount for which payment is late. The amount of such late fee may be changed by the City Council from time to time, so long as the rate is generally applicable to all of the City's Accounts Payable in similar standing. Furthermore, any past due payments shall also accrue interest at the rate of one percent (1 %) per month until the full amount is paid to the City, with any payments being applied first to any interest and late fees due. F. The City may charge the Developer or Hotel Operator the generally applicable fair market rate as the City charges members of the general public for parking spaces in the Garage and in other parking facilities operated by the City in the vicinity of the Hotel should the Developer request such parking permits for uses other than by Hotel Guests. These uses shall be subject to availability of parking at the sole determination of the City. Payment by the Developer to the City for such other spaces shall be made in accordance with the terms and conditions of the City's standard parking rules and regulations, including billing terms and termination for non - payment sections. G. Developer further acknowledges that the Posted Rates are subject to being changed by the action of City Council, and /or the City Manager per City policy, and the rate to be paid by the Developer to the City will be adjusted by any such change in the Posted Rates from time to time and be effective on whatever date such Posted Rates take effect. The City reserves the right in its sole and exclusive discretion to increase the Posted Rates. H. The Developer shall notify the City by 3:00 p.m. (Roanoke time) on each day preceding each Hotel Parking Day of the number of Parking Permits that the Developer will need for Hotel Guests (including Early Check In Guests defined in Section 5 (I)(2) below) for the next Hotel Parking Day and the City shall set aside that number of parking spaces in the Garage for the next Hotel Parking Day. Notice from the Developer shall be in writing and shall be delivered to General Manager Park Roanoke by email at parking @roanokeva.gov or by hand at 117 Church Avenue, S.W., Roanoke, Virginia 24011. After 3:00 p.m., the City may permit others to use all parking spaces in the Garage not timely reserved by the Developer in accordance with this Section 5(H). Subject to availability, the Developer may request the reservation of additional parking spaces in the Garage after 3:00 p.m. for the next Hotel Parking Day and the City may provide such additional parking spaces at the then current rate as provided for in this Agreement. I. 1. If the City fails to provide the number of parking spaces reserved by Developer in accordance with Section 5(H) above for any Hotel Parking Day, except in the occurrence of an event set forth in Section 10 hereof, the City shall reimburse the Developer for the actual cost of alternative parking for the Hotel Guests for whom parking spaces were not available in the Garage; multiplied by the number of parking spaces which were reserved by Developer in accordance with Section 5(H) but were unavailable. The Developer shall present the City with an invoice which indicates the actual parking fee paid and the name and location of the parking facility to which the fee was paid. The City shall pay such invoice within thirty (30) days of receipt of invoice, or notify the Developer of a dispute. 2. The City and the Developer acknowledge that, from time to time, Hotel Guests may check into the Hotel before 3:00 p.m. ( "Early Check In Guests "). The City shall have no responsibility for any Early Check In Guests who may be unable to park in the Garage unless Developer has notified the City in accordance with Section 5(H) above. The City shall have no responsibility for any requested Parking Permits by the Developer that exceed the lesser of the number of Parking Permits requested for the time in question or the maximum number provided for in this Agreement. J. Developer and the City acknowledge and agree that the operations and functions of the Garage and the Hotel will require cooperation, especially with respect to Early Check In Guests and Hotel Guests who arrive at the Hotel without prior reservations. Developer and the City agree that the representatives designated pursuant to Section 3(D) hereof will include in their regular meeting these matters and other matters related to the interaction of the operations and functions of the Garage and the Hotel. To the extent that the representatives determine that adjustments should be made in order to accommodate the operations of the Garage and the Hotel, such adjustments shall be set forth in writing and executed by the representatives. 5 SECTION 6. ELECTRONIC ACCESS. City and Developer shall pay their prorata share, to be determined using a mutually agreed upon cost sharing model, prior to the Hotel's opening for business, of the costs associated with the purchase and installation of Access and Revenue Equipment and Hotel modules in an amount not to exceed $25,000.00 that are compatible with the type and manufacturer of the City's then current Access and Revenue Equipment used at the Garage, along with any hardware and /or software needed by the City and the Developer for the Developer's use of the Garage. Thereafter, the Developer shall pay for any maintenance, repair, upgrade, or replacement of equipment and systems which specifically relate to the administration of the Parking Permits and the City shall pay for the maintenance, repair, upgrade, or replacement of the system which relates to the general operation of the Garage. City and Developer shall have mutual access to any reports generated by the Access and Revenue equipment, including those reports generated by any Hotel modules(s) that are mutually selected, purchased, and installed in the Garage and in the Hotel. SECTION 7. OPERATION, MAINTENANCE, REPAIR, AND TEMPORARY RELOCATION. A. The City will operate the Garage in a manner similar to the operation of other City owned and /or controlled parking facilities. The City will maintain the Garage in good working condition and repair and will make such repairs, perform such preventative maintenance, structural repairs, or other improvements as the City deems reasonably necessary. The City will use commercially reasonable efforts to make other parking spaces available in the event of temporary closure of the Garage for the purposes of maintenance, repair, or replacement, at no additional cost or expense of the alternate Parking Permits to the Developer. Other than in the event of an emergency, the City will confer with Developer prior to any closures of the Garage and will endeavor to accomplish all Garage maintenance, repairs, and replacements in a manner that will result in the least inconvenience for the Hotel and Hotel Guests. The Developer and /or Hotel will not be entitled to any payments or offsets from the City's monthly, hourly, daily, or evening parking revenues against the parking charges otherwise due from the Developer to the City under the terms of this Parking Agreement. Developer and /or Hotel shall have no rights in or to any monies paid by anyone to the City, or revenues received from anyone by the City on account of parking in the Garage. . B. If any construction, maintenance, repairs, other work, or other matters take place at the Garage that requires a temporary relocation of any of the spaces available for use by the Developer in connection with the Parking Permits, the City may, on ten (10) days written notice (except in the case of an emergency in which case no notice is required) to Developer, temporarily relocate any of the parking spaces to be used in connection with the Parking Permits to another City owned and /or controlled parking facility until such construction and /or other work has been completed. Such relocation will be to another location in the Garage or to a City parking facility mutually agreeable to the City and Developer, such agreement not to be unreasonably withheld. The City agrees that (i) no such relocation of spaces allocated for Parking Permits shall occur unless and until all other users of parking spaces in the Garage have been relocated and (ii) Parking Permits for parking spaces in the Garage or in alternative locations are available during any period in which a need for relocation arises. , SECTION 8. ASSIGNMENT AND SUBORDINATION. A. Assignment Rights of Developer. 1. So long as the Developer is not in default under any provision of this Agreement, the Developer may, with thirty (30) days prior written notice to the City, assign Developer's rights under this Agreement without the consent of the City to (i) a purchaser of the Hotel; (ii) a purchaser of all or a majority of the membership interest in the Developer; or (iii) as additional collateral to a lender who is the beneficiary of a mortgage or deed of trust lien on the Hotel provided, however, any such transferee shall assume and perform all obligations of the Developer under the terms and conditions of this Agreement. The City agrees to enter into an agreement with Developer's lender, on mutually agreeable terms, regarding the collateral assignment of this Parking Agreement by the Developer to such lender and the consent to such collateral assignment. 2. Except as provided in Section 8(A)(1) above, Developer may not assign, transfer, or pledge any of its rights under this Agreement without the prior written consent of the City and the City may grant or deny its consent in City's sole discretion. 3. Notwithstanding any permitted assignment, the Developer shall remain responsible for all obligations under this Agreement unless the City specifically grants the Developer a release in writing. B. Sale of Garage by the City. 1. The City may sell all of its right, title, and interest in the Garage at any time without the prior consent or approval of the Developer. In the event of any such sale, the City shall sell the Garage subject to the terms of this Parking Agreement and the purchaser shall acknowledge in writing that (i) the purchaser is acquiring the Garage subject to the terms of this Parking Agreement; and (ii) the cost of Parking Permits charged by the purchaser to the Developer shall be the average of the daily maximum rate charged from time to time by the City at the remaining parking facilities owned by the City located in the downtown area of the City (that area being bounded by I -581 on the east, Elm Avenue on the south, 5th Street on the west, and Wells Avenue on the north). The acknowledgement from the purchaser will provide that this rate shall be adjusted when and as the City adopts changes in its parking rates. The City shall provide a copy of this acknowledgement executed by the purchaser at the time the deed transferring the Garage to the purchaser is recorded. 2. Upon the sale of the Garage, the City shall have no further obligations under this Parking Agreement and the Developer shall have no recourse to the City for any matter arising after the sale of the Garage. 7 SECTION 9. DEFAULT BY DEVELOPER. A. Each of the following shall constitute a default hereunder by the Developer (each of the following events is hereinafter referred to as "Default "): 1. The failure or refusal by Developer to make any payment due to the City hereunder within fifteen (15) days after written notice of nonpayment is given by the City to the Developer. 2. The failure or refusal by the Developer to perform any of its other covenants or obligations hereunder within sixty (60) days after written notice of nonperformance is given by the City to the Developer; provided, however, that if such failure to perform cannot reasonably be cured within sixty (60) days, the Developer shall not be in default if it commences within sixty (60) days steps reasonably calculated to cure the nonperformance and in good faith pursues those steps diligently and in good faith to completion. 3. The Hotel, for any reason other than those set forth in Section 10 below, is, for any period of more than 30 consecutive days, not actively operating and open to the public for business ( "Hotel Closing Event "). B. Upon the occurrence of a Default as set forth in Section 9 (A), the City may immediately terminate this Agreement by written notice to the Developer. In addition to this right to terminate this Agreement, the City may also in the event of a Default by Developer hereunder exercise any and all other rights and remedies available to the City at law or in equity, including without limitation the recovery of any and all monetary damages that the City has suffered as a result of such Default. SECTION 10. FORCE MAJEURE. A delay in, or failure of, performance by any party, shall not constitute a default, nor shall the Developer or the City be held liable for loss or damage, or be in breach of this Agreement, if and to the extent that such delay, failure, loss, or damage is caused by an occurrence beyond the reasonable control of such party, and its agents, employees, contractors, subcontractors, and consultants, including results from Acts of God or the public enemy, compliance with any order or request of any governmental authority or person authorized to act therefore, acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution, earthquake, floods, riots, strikes, labor or equipment difficulties, delays in transportation, inability to obtain necessary materials or equipment or permits due to existing or future laws, rules or regulations of governmental authorities or any other causes, whether direct or indirect, and which by the exercise of reasonable diligence said party is unable to prevent. For purposes of this Agreement any one delay caused by any such occurrence shall not be deemed to last longer than six (6) months and the party claiming delay caused by any and all such occurrences shall give the other party written notice of the same within thirty (30) days after the date such claiming party learns of or reasonably should have known of such occurrence. Notwithstanding anything else set forth above, after a total of nine (9) months of delays of any type have been claimed by a party as being subject to force majeure, no further delays or claims of any type shall be claimed by such party as being subject to force majeure and /or being an excusable delay. E'? SECTION 11. DEFAULT BY THE CITY; LIMITATION OF LIABILITY OF THE CITY; CURE; AND REMEDY. A. In the event of any default, nonperformance, or breach of any of the terms or conditions of this Parking Agreement by the City, Developer agrees that the City's liability hereunder shall be limited to the repayment of monies paid by Developer to the City, or a deduction from any payment due from Developer to the City, for any Parking Permits that are not able to be used due to such default, nonperformance, or breach for the period of time of such inability to use such Parking Permits. In addition to the remedies set forth in the prior sentence, if the City is in default, nonperformance, or breach of any of the terms or conditions of the Parking Agreement, Developer may provide the City with written notice of the same and the City shall have sixty (60) days following receipt of such notice from the Developer to cure any such default, nonperformance, or breach, provided if such default, nonperformance, or breach cannot be cured within sixty (60) days from the date of receipt of the notice from the Developer, the City shall be deemed to have cured the default as long as the City undertakes to remedy the same within sixty (60) days following receipt of notice and the City diligently proceeds to remedy such default, nonperformance, and /or breach. B. Under no circumstances under this Agreement shall the Developer have the right of set off against the amounts owed to the City. SECTION 12. INSURANCE REQUIREMENTS. Developer, any of its permitted assigns or successors, and any of its contractors involved in this Parking Agreement shall maintain the insurance coverages as set forth in Exhibit C and provide the proof of insurance coverage, including workers' compensation coverage if Developer hires any employees. Such insurance coverage shall be obtained at the Developer's sole expense and maintained during the term of the Parking Agreement and shall be effective prior to the beginning of this Parking Agreement. Additional insured endorsements, if required, must be received by the City within thirty (30) days of the execution of this Parking Agreement or as otherwise required by the City's Risk Manager. SECTION 13. HOLD HARMLESS AND INDEMNITY. Developer shall indemnify and hold harmless the City, its Parking Management Company, and their respective officers, agents, and employees ( "Indemnified Parties ") against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney's fees, resulting from or arising out of actions, activities, or omissions, negligent or otherwise, of the Developer, the operator of the Hotel, and their respective employees, agents, or contractors, but with respect to those employees, agents, or contractors, only if and to the extent that said actions, activities, or omissions occur in the course of their performance of actions that are within the scope of their employment, agency, or contract by or with the Developer or the operator of the Hotel. This Indemnity includes, without limitation, liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney's fees, resulting from or arising out of any fines or penalties, violations of federal, state, or local laws or regulations, personal injury, wrongful death, or property damage claims or suits. Developer agrees to and shall protect, indemnify, and hold harmless the Indemnified Parties from any and all demands for fees, claims, suits, actions, causes of action, settlement, or judgments based on the actual infringement or violation of any copyright, Z trademark, patent, invention, article, arrangement, or other apparatus that may be used in the performance of this Parking Agreement. SECTION 14. COMPLIANCE WITH LAWS, REGULATIONS, AND IMMIGRATION LAW. Developer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. Developer further agrees that Developer does not, and shall not during the performance of this Parking Agreement, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. SECTION 15. REPORTS AND RECORDS. The City and Developer shall maintain all books, records, and other documents relating to this Parking Agreement for a period of five (5) years after the end of each fiscal year included in this Parking Agreement. The City and Developer and their authorized employees, agents, and /or representatives shall have reasonable access to and the right to examine, copy, and /or audit any of such materials of the other party during the term of the Parking Agreement in connection with this Parking Agreement and the Parking Permits to determine their proper use in accordance with the terms of this Parking Agreement. SECTION 16. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Parking Agreement or any party's waiver of any particular breach of this Parking Agreement by the other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Parking Agreement or a waiver of any other breaches of the Parking Agreement by any party and does not bar the non - defaulting party from requiring the defaulting party to comply with all the terms and conditions of the Parking Agreement and does not bar the non - defaulting party from asserting any and all rights and /or remedies it has or might have against the defaulting party under this Parking Agreement or by law. SECTION 17. CHOICE OF LAW, FORUM SELECTION. This Parking Agreement shall be governed, interpreted, and construed under the substantive laws of the Commonwealth of Virginia, and any cause of action regarding the rights and duties of the parties must be brought in the Circuit Court or General District Court for the City of Roanoke, Virginia, and further agrees this Parking Agreement is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. The parties further waive and agree not to assert in any such action, suit or proceeding, that such party is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit, or proceeding is improper. 10 SECTION 18. SEVERABILITY. If any provision of this Parking Agreement, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Parking Agreement shall not be affected and all other terms and conditions of this Parking Agreement shall be valid and enforceable to the fullest extent permitted by law. SECTION 19. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2-4343.1, be advised that the City does not discriminate against faith -based organizations. SECTION 20. SUCCESSORS AND ASSIGNS. The terms, conditions, provisions, and undertakings of this Parking Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective permitted successors and assigns. SECTION 21. HEADINGS. The captions and headings in this Parking Agreement are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Parking Agreement. SECTION 22. COUNTERPART COPIES. This Parking Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. SECTION 23. AUTHORITY TO SIGN. The persons who have executed this Parking Agreement represent and warrant that they are duly authorized to execute this Parking Agreement on behalf of the party for whom they are signing. SECTION 24. NOTICES. All notices must be given in writing and shall be validly given if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, with a receipt, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to the City: City of Roanoke Attn: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Facsimile: (540) 853 -1138 11 With a copy to: Enterprise Administrator for the City of Roanoke 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 If to Developer: JS Project LLC Attn: Vishal Savani 11325 Random Hills Road, Suite 360 Fairfax, Virginia 22030 (703) 951 -3122 Unless otherwise provided in this Agreement, Notices shall be deemed to be effective one (1) day after sending if sent by overnight courier or three (3) days after sending it by certified mail, return receipt requested. SECTION 25. NONDISCRIMINATION. During the performance of this Parking Agreement, Developer agrees as follows: i. Developer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Developer. Developer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. Developer in all solicitations or advertisements for employees placed by or on behalf of Developer will state that Developer is an equal opportunity employer. ill. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. SECTION 26. RIGHTS CUMULATIVE. All rights, powers, and privileges conferred hereunder on the City to enforce this Parking Agreement shall be cumulative, and not restricted to those given by law. SECTION 27. BOND. A. Developer agrees to and shall provide and maintain during the entire term of this Parking Agreement a Bond, or such other security as approved by the City Manager (such as a letter of credit), (collectively -Bond) in the amount of $15,000.00 to secure Developer's performance under this Parking Agreement. Failure to provide and maintain such a bond shall be grounds for termination of this Parking Agreement. The form of the bond shall be subject to approval by City. 12 B. The amount of the bond required herein will be reviewed every five (5) years by the City and may be increased or decreased by the City at the time of each review to reflect the reasonable costs of the performance of this Parking Agreement by Developer at that time. Any increase or decrease in the amount of the bond shall be mutually agreed upon between the parties, such agreement to not be unreasonably withheld. SECTION 28. AGREEMENT SUBJECT TO FUNDING. This Parking Agreement is or may be subject to funding and /or appropriations from federal, state, and /or local governments and /or agencies and /or from the Council of the City of Roanoke. If any such funding is not provided, withdrawn, or otherwise not made available for this Parking Agreement, with the result that the City is unable to perform its obligations hereunder, the City shall give written notice to Developer of such unavailability of funding and Developer shall thereupon have sixty (60) days within which to give the City written notice that Developer will either (i) at the Developer's expense assume performance of those obligations of the City hereunder which the City is unable to perform because of lack of funding, or (ii) terminate this Agreement. Developer further agrees to comply with any applicable requirements of any grants and /or agreements providing for such funding. At such time as the City receives funding and is able to resume performance of its obligations hereunder, the City shall give the Developer written notice of that fact, the Developer shall within sixty (60) days after receiving that notice return operation of the Garage to the City, and the relationship of the City and the Developer shall thereupon resume on the terms set forth in this Agreement. SECTION 29. COMPLIANCE WITH STATE LAW, FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA. Developer shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or non -stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Developer shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract or agreement. The City may void this Parking Agreement if the Developer fails to remain in compliance with the provisions of this section. However, the City agrees that the Developer may cure this matter as set forth in Section 9(A)(2) above. SECTION 30. DRAFTING OF THE PARKING AGREEMENT. The provisions of this Parking Agreement shall not be construed in favor of or against either party, but shall be construed according to their fair meaning as if both parties jointly prepared this Parking Agreement. 13 SECTION 31. ENTIRE AGREEMENT. This Parking Agreement, including any attachments, exhibits, and referenced documents, constitutes the complete understanding between the parties with respect to Parking Permits at the Garage. This Parking Agreement may be modified only by written agreement properly executed by the parties. SIGNATURES APPEAR ON NEXT PAGE 14 IN WITNESS WHEREOF, the parties hereto have signed this Parking Agreement by their authorized representatives as of the date of the Parking Agreement. WITNESS: Printed Name and Title (SEAL) WITNESS: Printed Name and Title Approved as to form: City Attorney Authorized by Ordinance No. JS PROJECT LLC A Virginia limited liability company By Its Manager: Savara Development, LLC By: Vishal Savani, Manager CITY OF ROANOKE, VIRGINIA By: Robert S. Cowell, Jr., City Manager Approved as to Execution: City Attorney 15 EXHIBIT A PARKING RATES FOR CENTER IN THE SQUARE GARAGE PROPOSED CENTER IN THE SQUARE GARAGE FEES 2020 Center In The Square Garage Fee Schedule Center In The Square Garage New Parking Fees and Charges are to be implemented and noted in the Fee Compendium at such time as deemed appropriate and as directed by the City Manager Monthly reserved $ 110.00 /mo. Monthly unreserved $ 90.00 /mo. Short term Monday- Sunday: $1.00 / 0.5 hr. Maximum Daily Rate: $8.00 (after 3.5 hrs.) 16 EXHIBIT B Parking Rules and Regulations PARK Roanoke P.O. Box 83. Roanoke, VA24003 117 Church A^m, SW, Roanoke, VAo4O11 PARK Email: parking@parkroanoke.com nom*ous www.PARKRoanoke.com Rev. 7.1.2017 MONTHLY PARKING PERMIT APPLICATION & AGREEMENT Start xccoum^mde~ w"m°:__ Social Security Driver's License Telephone- Home Telephone: Biting Address: City:---- Zip Code: a"ai/*mre=.___ _�Cellular Telephone: Parker's Name (If different from above name)'__---- '--� ---- — Vehicle License vehm°w"ke/Mod"l/Cmv u=.=" sm"/mm,�_______--- Employer Telephone: For the of this application and agreement, the terms m /no m patron, company, and nvmvo are interchangeable and have the same meaning aou person or entity. Further, the terms permit, hanglag, wmxov card are also interchangeable. Upon acceptance v this application and agreement, a permit for parking /a established through the issuance ofaxu"otawv,o key card. Payments are due and must my received uv the m^m every month. Accounts for which PARK Roanoke receives payment after the 5th of the month will be subject to a $10.00 late fee per permit or access key card. Failure mpay uv the 1m»m the month will cause key cards tuuw deactivated and u reactivation fee o/$1o.00 will apply. chamm returned for insufficient funds will be charged a $35.00 per return item fee, in addition to the $10.00 late fee. If your parking it or space /vnv longer noauoo notification must ue submitted w the PARK Roanoke office, /" writing, by 5 pm on the last business day of the month prior to the first day of the effective month. If written notice .o not received uv PARK Roanoke by 5 prn vo the last business day o/ the month, you will uv liable for parking charges for the following month. x PARK Roanoke does not receive e written notice m cancel the permit, you will continue mm, charged for monthly parking thereafter. xm1oonkey card n will be charged th o"m month for each key card at account set The key card deposit shall be refundable within 30 days of cancellation of the Monthly Parking Permit provided the account is paid in full, the key card is returned and written notice of parking termination is received by the PARK Roanoke office prior to the I Vh of the month prior to termination. If the 15 business day advance written noke is not made, then the account Application for each garage or lot is subject to availability and .t/o"t PARK Rva,muv', sole determination whether such permits are available for the requested oorap or lot. o PARK Roanoke determines that permits are not available for " particular garage v, lot location, then nvpermits will uo issued for that garage or lot. o,vmt is not allowed and charges are not prorated for vacations, illnesses, early cancellations or other contingencies. Monthly permits are non-transferrable to another Parker, resident v,company. Now nvmom may uo selected from u waiting list. PARK Roanoke reserves the right to terminate any or all monthly permits and key cards immediately for good and just cause and without incurring liability of any type to the undersigned Parker. 17 Rates are subject to change at any time by the posting of rates in the garage or on the lot or other means of notification. Any vehicle parked in a PARK Roanoke garage or lot without a current hangtag displayed on the rear view mirror facing outward will be subject to towing, ticketing, or booting at the owner's expense without notice. Garages with key card access where hangtags are not issued are exempt from this requirement. There is a $10.00 non - refundable charge for replacement of any lost, stolen or damaged hangtag or access key card. _ Only vehicles identified on this application for reserved parking are permitted to park in spaces designated as "reserved parking.- All other vehicles parked in reserved spaces are subject to towing, ticketing, or booting at the owner's expense. Reserved parking spaces are valid only from 6:00 a.m. to 6:00 p.m. Monday through Friday, excluding holidays. Reserved space parkers must park in their designated reserved parking space from 6:00 a.m. to 6:00 p.m., Monday through Friday, excluding holidays. All violators are subject to towing, ticketing, or booting at the owner's expense. Unreserved monthly parking spaces are guaranteed to be available only from 6:00 a.m. to 6:00 p.m., Monday through Friday, excluding holidays. Monthly parkers are prohibited from parking in areas designated as -daily parking only." All violators are subject to towing, ticketing, or booting at the owner s expense. Long term storage of vehicles is not permitted in any PARK Roanoke facility without express written permission from PARK Roanoke. Vehicle License Plates and Registration must remain up -to -date at all times. Virginia requires that all vehicles be registered within 30 days. Abandoned vehicles will be towed at the owner's expense. Vehicle maintenance, oil changes, car washing, etc. are expressly prohibited. Each permit is valid for one vehicle in the designated parking garage or lot, at a time. Sharing of access key cards andior hangtags is strictly prohibited and will result in the suspension and /or revocation of parking privileges. The undersigned parker understands that all PARK Roanoke and City owned garages and lots are "Non- Smoking." PARK Roanoke, City of Roanoke, and Lancor Parking LLC, and their employees, agents, and representatives are not and shall not be responsible for any theft or damage to individuals, vehicles or property while in any garage or on any lot. No bailment of any type is hereby created. To reduce the chance of theft or damage, please place your personal items out of sight, lock your doors, and avoid parking in garages andior lots alone after normal business hours. All parkers park at their own risk at all times and assume the risk of any injuries and damages. W _ The undersigned parker agrees to be responsible for any towing charges for any vehicle covered by or using the parking permit or access key card. Parking privileges are valid for only one space. The undersigned parker further agrees to pay for any ticketing and/or booting charges that may be issued for any vehicles covered by the parking permit or access key card. Vehicles may receive citations for storage, double parking, parking in a reserved space, and parking on a daily level, etc.. Vehicles must park within marked spaces and those taking up more than one space may be subject to ticketing. Such ticketing, booting, and/or boot removal charges may be set by the City Manager from time to time. The PARK Roanoke manager shall enforce this Agreement in the City of Roanoke ( "City ") owned and/or operated parking garages and lots. The City Manager may take such further actions and/or adopt policies and procedures to implement, administer, and enforce this Agreement. The undersigned parker agrees to comply with any such policies and procedures, a copy of which will be provided to the undersigned parker by regular mail or by email. I CERTIFY THAT I HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE TERMS, QUALIFICATIONS AND CONDITIONS ABOVE AND TO PAY THE POSTED RATE. I HAVE BEEN GIVEN THE OPPORTUNITY TO ASK QUESTIONS AND TO HAVE THEM ANSWERED BY A PARK ROANOKE REPRESENTATIVE. Accountholder's Signature: _ _- ___ . Date: Parker's Signature (If different from above): Date: Witnessed or Received by:_ i EXHIBIT C Insurance Requirements The Developer shall comply with the insurance requirements set forth in the Contract, including the items set forth below: A. Neither the Developer nor any subcontractor shall commence work under this Contract until the Developer has obtained and provided proof of the required insurance coverages to the City, and such proof has been approved by the City. The Developer confirms to the City that all subcontractors have provided Developer with proof of such insurance, or will do so prior to commencing any work under this Contract. B. Developer, including all subcontractors, shall, at its and /or their sole expense, obtain and maintain during the life of this Contract the insurance policies and /or coverages required by this section. The City and its officers, employees, agents, assigns, and volunteers shall be added as an additional insured to the general liability and automobile coverages of any such policies and such insurance coverages shall be primary and noncontributory to any insurance and /or self insurance such additional insureds may have. The Developer shall immediately notify in writing the City of any changes, modifications, and /or termination of any insurance coverages and /or policies required by this Contract. The Developer shall provide to the City with the signed Contract an Accord certificate of insurance along with one of the following types of additional insured endorsements: (1) ISO endorsement CG 20 33 which provides that the insured status of such entities is automatic if required by a contract or a written agreement otherwise known as a blanket additional insured endorsement. The coverage shall extend to the City and its officers, employees, agents, assigns, and volunteers. (If additional insured status is automatic under a different coverage form, Developer must attach a copy of the coverage form to its certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Developer and any subcontractors under this Contract). •8 (2) ISO endorsement CG 20 10 will be issued, prior to the beginning of any work or other performance by Developer under this Contract, to the City and its officers, employees, agents, assigns, and volunteers naming them as an additional insured under the general liability coverage. (A copy of the binder confirming the issuance must be attached to the certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Developer and any subcontractors under this Contract). However, if B (1) or (2) cannot be provided, the City's Risk Manager, in such Manager's sole discretion, may approve such other certificate of insurance or insurance document(s) that the Risk Manager deems acceptable. The Certificate Holder should be addressed as follows: City of Roanoke, Attn: City Manager, 215 Church Ave, Roanoke VA 24011. 19 C. The minimum insurance policies and /or coverages that shall be provided by the Developer, including its subcontractors, include the following: (1) Commercial General Liability: $1,000,000.00 $1,000,000.00 General Aggregate Limit (other than Products /Completed Operations). $1,000,000.00 Products /Completed Operations Aggregate Limit. $1,000,000.00 Personal Injury Liability (including liability for slander, libel, and defamation of character). $1,000,000.00 each occurrence limit (2) Automobile Liability: $1,000,000.00 combined single limit (3) Workers' Compensation and Employer's Liability: Workers' Compensation: statutory coverage for Virginia Employer's Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit. $100,000.00 Bodily Injury by Disease each employee. 3(A) Errors and Omissions coverage in an amount of not less than $1,000,000 per occurrence and in the aggregate. Coverage may be written on an occurrence or claims made coverage form. However, if a claims made coverage form is used; coverage must remain in effect for a minimum of 3 years after the Developer's work is concluded. (4) The required limits of insurance for this Contract may be achieved by combining underlying primary coverage with an umbrella liability coverage to apply in excess of the general and automobile liability policies, provided that such umbrella liability policy follows the form of the underlying primary coverage. (5) Such insurance policies and /or coverages shall provide for coverage against any and all claims and demands made by a person or persons or any other entity for property damages or bodily or personal injury (including death) incurred in connection with the services, work, items, and /or other matters to be provided under this Contract with respect to the commercial general liability coverages and the automobile liability coverages. With respect to the workers' compensation coverage, Developer's and its subcontractors' insurance company shall waive rights of subrogation against the City and its officers, employees, agents, assigns, and volunteers. 20 (6) Developer shall provide such other insurance policies and /or coverages that may be required by other parts of this Contract. If required by the Contract, such policies and /or coverages could include, but are not limited to, Errors and Omissions /Professional Liability, Crime/ Fidelity, Environmental and /or Pollution, Builder's Risk, Umbrella/Excess. (7) Should any required insurance coverage be canceled or materially altered before the expiration term of the contract, it is the responsibility of the Developer to notify the City of such within thirty (30) days of the effective date of the change. D. Proof of Insurance Coverage: (1) Developer shall furnish the City with the above required certificates of insurance showing the type, amount, effective dates, and date of expiration of the policies. (2) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. E. Insurance coverage shall be in a form and with an insurance company approved by the City, which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Contract shall be authorized to do business in the Commonwealth of Virginia. F. The Developer's insurance policies and /or coverages shall not contain any exclusions for the Developer's subcontractors. G. The continued maintenance of the insurance policies and coverages required by the Contract is a continuing obligation, and the lapse and /or termination of any such policies or coverages without approved replacement policies and /or coverages being obtained shall be grounds for termination of the Developer for default. H. Nothing contained in the insurance requirements is to be construed as limiting the liability of the Developer, and /or its subcontractors, or their insurance carriers. The City does not in any way represent that the coverages or the limits of insurance specified are sufficient or adequate to protect the Developer's interest or liabilities, but are merely minimums. The obligation of the Developer, and its subcontractors, to purchase insurance shall not in any way limit the obligations of the Developer in the event that the City or any of those named above should suffer any injury or loss in excess of the amount actually recoverable through insurance. Furthermore, there is no requirement or obligation for the City to seek any recovery against the Developer's insurance company before seeking recovery directly from the Developer. END 21 BID FORM FOR A PARKING AGREEMENT FOR UNRESERVED PARKING PERMITS FOR THE CITY'S CENTER IN THE SQUARE GARAGE RESPONSIBILITY OF BIDDER: It is the sole responsibility of the bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of bids. No bids received after the time designated for receipt of bids will be considered. BID DUE DATE, TIME, AND DELIVERY OF BID: All bids are due on or before Noon, 12:00 p.m., local time, Friday, February 14, 2020, and are to be delivered to the address listed below. Time is of the essence. The completed Bid Form, together with any other documents the bidder wishes to submit, should be enclosed in a sealed envelope and addressed as follows: Council of the City of Roanoke cio Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 214011 Place in front lower left -hand comer of envelope and on the back of the envelope in bold letters the following title: Bid for Parking Agreement for Unreserved Parking Permits for the City's Center In The Square Garage, Not to Be Opened Until the City Council Meeting at 2:00 p.m. on February 18, 2020. Date: February 10, 2020 JS Project LLC es and agrees, if its Bid (Legal Same of Bidder) is accepted, to enter into and be bound by the Parking Agreement for Unreserved Parking Permits for the City's Center In The Square Garage, (Parking Agreement), a copy of which is on file in the Office of the City Clerk for the City of Roanoke, 456 Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, VA 24011. Furthermore, the undersigned bidder warrants that it can and will comply with the provisions of such Parking Agreement. Bid: Bidder agrees that monthly payments will be made according to the rates set forth in Section 5 of the above Parking Agreement for each of the Parking Permits provided by such Parking Agreement for the sole use and purpose of providing parking spaces for guests of the Hotel to be constructed (Hotel). Payment is due to the City in accordance with the terms of the Parking Agreement. Bidder agrees that the number of Parking Permits that will be available under the Parking Agreement is 45. Bid: Bidder agrees to develop, construct, open, and operate Hotel in Downtown Roanoke, Virginia by December 31, 2020, with at least 50 rooms. Bid I-oYn Parking Agreement 1 22 20 Paee 1 of'. Bid Term: Twenty (20) years, commencing on the date of issuance of a permanent certificate of occupancy for the Hotel, provided the permanent certificate of occupancy is issued by December 31, 2020, and ending 20 years thereafter, provided that the successful bidder will have options to renew the term for up to four (4) additional five (5) year terns, for a total of 40 years if all four options are exercised, unless sooner terminated as provided for in the Parking Agreement or by law. Pursuant to the terms of the Parking Agreement, each option shall be automatically exercised and the Parking Agreement renewed for each additional five (5) year term unless terminated by the successful bidder as provided in the Parking Agreement. Bid: Bidder agrees, if its bid is accepted, to execute, deliver, and perform all terms and conditions of the Parking Agreement, a copy of which Parking Agreement is on file in the Office of the City Clerk, 456 Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, VA 24011, including, without limitation, providing the City with a bond or other security in the amount of $15,000.00, as required pursuant to Section 152 -2104, Code of Virginia (1950), as amended. Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for this matter. State bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation Commission (SCC), or the complete legal name of bidder if it is not a corporation. LEGAL NAME OF BIDDER: JS Project LLC BY: Vishal Savani (Printed Name) Manager, Savara Development LLC TITLE: in its capacity as Manager of JS Project LLC (Printed Title) STREET ADDRESS: 101 S Jefferson St, Roanoke VA 24011 MAILING ADDRESS: 11325 Random Hills Rd, Suite 360 CITY: Fairfax TELEPHONE: ( 703 ) 951 -3122 STATE: VA Bidder's SCC Identification Number: 57567086 Rid l�onn Parkins .Aerccment 1 22 20 FAX: ( PaLC 2 of '2 ZIP CODE: 22030 SA'1ARA DEVELOPML.N! February 10, 2020 Council of the City of Roanoke c/o Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Dear Honorable Mayor Lea and Honorable Members of the Council of the City of Roanoke: JS Project LLC (DBA The Liberty Trust), an affiliate of Savara Development LLC, has embarked on a full historic restoration of the Liberty Trust Building located at 101 South Jefferson St with plans to convert the property to Downtown Roanoke's first luxury lifestyle hotel. Featuring 54 guest rooms, a lobby bar and restaurant, and meeting space, The Liberty Trust will be the only member of the prestigious Preferred Hotels & Resorts group in Virginia's Blue Ridge —and one of only six in the state of Virginia. The Liberty Trust intends to offer a lodging product that shares the rich history of Roanoke and the Liberty Trust Building with out -of -town visitors while serving as a vibrant gathering spot for area residents. Demolition work commenced within the building in December 2019, and the hotel is expected to open in Late Fall 2020. In order to accommodate the parking needs of overnight hotel guests as well as patrons of the hotel's restaurant and meeting space, JS Project LLC is seeking unreserved parking permits for up to 45 parking spots at the Center In The Square Garage for use on an as- needed basis. The availability of adequate parking spots in a secure location within close proximity of the hotel will ensure that out -of -town visitors and locals who are coming to the hotel are provided convenience and predictability, while also keeping street parking open and available. We anticipate most of the required spots will be utilized during the overnight hours, when demand from visitors to the Center In The Square is low, thereby assisting with increasing garage occupancy during a slower period while providing an additional revenue stream to the City. JS Project LLC proposes and agrees, if its Bid is accepted, to enter into and be bound by the Parking Agreement for Unreserved Parking Permits for the City's Center In The Square Garage, (Parking Agreement). We have reviewed a draft of the Parking Agreement and JS Project LLC warrants that it can and will comply with the provisions of such Parking Agreement. JS Project LLC also agrees that monthly payments will be made according to the rates set forth in Section 5 of the Parking Agreement for each of the Parking Permits provided by such Parking Agreement for the sole use and purpose of providing parking spaces for guests of the hotel. 11325 Random Hills Road, Suite 360, Fairfax, Viroinia 22030 ■SaVARa. DEVELOPMENT JS Project LLC further agrees that the number of Parking Permits that will be available under the Parking Agreement is 45. JS Project LLC agrees to develop, construct, open, and operate the hotel in Downtown Roanoke, Virginia by December 31, 2020, with at least 50 rooms. As noted above, construction work has already commenced. JS Project LLC agrees to a term of twenty (20) years, commencing on the date of issuance of a permanent certificate of occupancy for the Hotel, provided the permanent certificate of occupancy is issued by December 31, 2020, and ending 20 years thereafter, provided that JS Project LLC will have options to renew the term for up to four (4) additional five (5) year terms, for a total of 40 years if all four options are exercised, unless sooner terminated as provided for in the Parking Agreement or by law. Pursuant to the terms of the Parking Agreement, each option shall be automatically exercised and the Parking Agreement renewed for each additional five (5) year term unless terminated by JS Project LLC as provided in the Parking Agreement. JS Project LLC also agrees, if its bid is accepted, to execute, deliver, and perform all terms and conditions of the Parking Agreement, including providing the City with a bond or other security in the amount of $15,000.00, as required pursuant to Section 15.2 -2104, Code of Virginia (1950), as amended. Lastly, JS Project LLC agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for this matter. Thank you for your consideration of this Bid. We look forward to the opening of our Hotel, and to being a contributing member of the Roanoke community. Sincerely, Vishal Savani, Manager, Savara Development LLC in its capacity as Manager, JS Project LLC 11325 Random Hills Road, Suite 360, Fairfax, Virginia 22030 RE -EIVED The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL, ASSISTANT CITY MGR Attn R. Brian Townsend, Assistant City Manager for Operations 215 CHURCH AVENUE, S. W., SUITE 456 ROANOKE, VA 24011 Account Number 6017304 Date February 10, 2020 Date Category Description Ad Size Total Cost 02/19/2020 Propos -Sid Bids -RFP ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE 1 x 210 L 1,985.20 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice ADVERTISEMENT FOR INVITAT was published in said newspapers on the following dates: 02/03, 02/10/2020 The First insertion being given ... 02/03/2020 Newspaper reference: 0001055295 4- Billing Representative Sworn to and subscribed before me this Monday, February 10, 2020 Y" z Notary Public State of Virginia Sharon R Carsten NOTARY PUBLIC City /County of Roanohgmmonwealth of Virginia My Commission AloWtif egistration Number 328649— 'Uommission Expires July 312021 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Before the Council of the City of Roanoke for Execution of a Parking Agreement for unreserved parking permits for the City's Center In the Square Garage Pursuant to the requirements of Sections 151-2100, 15.2 -2101, 152. 2102, et seq., Code of Virginia (1950), as amended, the City of Roanoke, Virginia (City) hereby gives notice that the City is inviting bids from qualified bidders to enter into a Parking Agreement with the City under which Parking Agreement the successful bidder will obtain up to forty-five (45) parking permits for the use of not more than forty-five (45) unreserved parking spaces in the City's Center In The Square Garage located at 11 Campbell Avenue, S.E., Roanoke, Virginia, subject to certain terms and conditions of such Parking Agreement The term of the Parking Agreement shall be twenty (20) years, starting on the date on which a hotel to be constructed is issued a permanent certificate of occupancy, provided such certificate of occupancy is issued on or before December 31, 2020, and ending twenty (20) years thereafter, provided that the successful bidder will have the option to renew such Agreement for up to four (4) additional five (5) year periods. The Parking Agreement specifically provides that each option is automatically exercised and the Parking Agreement renewed for each five (5) year period unless the successful bidder terminates the Parking Agreement as provided in the Parking Agreement The term of the Parking Agreement is also subject to termination as set forth in the Parking Agreement or in accordance with the law. The parking permits issued pursuant to the Parking Agreement shall allow guests of a Hotel to use spaces within the City's Center In The Square Garage except for those spaces within the City's Center In The Square Garage that are designated as reserved or otherwise not permitted for use by the general public. The purpose of such Parking Agreement is to allow guests of Hotel to be developed, constructed, opened, and operated in downtown Roanoke to use parking spaces within the City's Center In The Square Garage, subject to the terms and conditions as may be more fully set forth in the Parking Agreement. if the City elects to award a Parking Agreement for this matter, City Council will be requested to adopt an ordinance granting such an award which will provide in substance for a Parking Agreement as set forth above. A copy of the full text of the proposed Ordinance, and a draft of the proposed Parking Agreement, are on file and may be reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Any interested entity is invited to submit a written bid, including a completed bid form, for a Parking Agreement for unreserved parking permits for the City's Center In The Square Garage as set forth above. Each bidder shall submit at a minimum the following information: 1. The legal name of the entity submitting the bid, including the Identification Number issued to it by the Virginia State Corporation Commission. 2. The agreement of the bidder to pay the amounts for the parking permits as set forth in the proposed Parking Agreement. 3. The agreement of the bidder to execute the Parking Agreement. 4. The agreement of the bidder to provide the City with a bond or other security, acceptable to the City, in the amount of $15,000.00, as required by Section 15.2 -2104, Code of Virginia (1950), as amended. 5. Such other information as the bidder deems appropriate. Bids are to be submitted in a sealed envelope or container to the City Clerk at the address noted herein on or before Noon, 12:00 p.m., local time, Friday, February 14, 2020. Time is of the essence. The outside of the bid envelope should be marked as follows: "BID FOR PARKING AGREEMENT FOR UNRESERVED PARKING PERMITS FOR THE CITY S CENTER IN THE SQUARE GARAGE, NOT TO BE OPENED UNTIL THE CITY COUNCIL MEETING AT 2:00 P.M. ON TUESDAY, FEBRUARY 18,2020." The bid should be addressed to the Council of the City of Roanoke, c/o Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. All bids received will be held by the City Clerk, unopened, until 2:00 p.m., local time, on Tuesday, February 18, 2020, at which time they will be delivered to the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, and thereafter be publicly opened and read aloud in accordance with Section 152 -2102, Code of Virginia (1950), as amended. The City reserves the right to cancel this Invitation for Bids and/or to reject any and all bids, to waive any informality or irregularity in the bids received, and to accept the bid which is deemed to be in the best interest of the City. The entity to whom any Parking Agreement may be awarded shall reimburse the City for the costs of any advertisements for this matter. The necessary bid form, a copy of the proposed Parking Agreement, and the proposed Ordinance may be obtained from the City Clerk's Office at the above address on and after Monday, February 3, 2020. Pursuant to the requirements of Sections 152 -2100, et seq., Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Tuesday, February 18, 2020, at 7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. For further information on this matter, you may contact the Office of the City Clerk at (540) 853 -2541. All parties and interested persons may appear on the above date and time and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541 before 12:00 noon on Thursday, February 13,2020. GIVEN under my hand this 3rd day of February 2020. Cecelia F. McCoy, Acting City Clerk (1055295) ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Before the Council of the City of Roanoke for Execution of a Parking Agreement for unreserved parking permits for the City's Center In the Square Garage Pursuant to the requirements of Sections 15.2 -2100, 15.2 -2101, 15.2 -2102, et seq., Code of Virginia (1950), as amended, the City of Roanoke, Virginia (City) hereby gives notice that the City is inviting bids from qualified bidders to enter into a Parking Agreement with the City under which Parking Agreement the successful bidder will obtain up to forty -five (45) parking permits for the use of not more than forty -five (45) unreserved parking spaces in the City's Center In The Square Garage located at 11 Campbell Avenue, S.E., Roanoke, Virginia, subject to certain terms and conditions of such Parking Agreement. The term of the Parking Agreement shall be twenty (20) years, starting on the date on which a hotel to be constructed is issued a permanent certificate of occupancy, provided such certificate of occupancy is issued on or before December 31, 2020, and ending twenty (20) years thereafter, provided that the successful bidder will have the option to renew such Agreement for up to four (4) additional five (5) year periods. The Parking Agreement specifically provides that each option is automatically exercised and the Parking Agreement renewed for each five (5) year period unless the successful bidder terminates the Parking Agreement as provided in the Parking Agreement. The term of the Parking Agreement is also subject to termination as set forth in the Parking Agreement or in accordance with the law. The parking permits issued pursuant to the Parking Agreement shall allow guests of a Hotel to use spaces within the City's Center In The Square Garage except for those spaces within the City's Center In The Square Garage that are designated as reserved or otherwise not permitted for use by the general public. The purpose of such Parking Agreement is to allow guests of Hotel to be developed, constructed, opened, and operated in downtown Roanoke to use parking spaces within the City's Center In The Square Garage, subject to the terms and conditions as may be more fully set forth in the Parking Agreement. If the City elects to award a Parking Agreement for this matter, City Council will be requested to adopt an ordinance granting such an award which will provide in substance for a Parking Agreement as set forth above. A copy of the full text of the proposed Ordinance, and a draft of the proposed Parking Agreement, are on file and may be reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Any interested entity is invited to submit a written bid, including a completed bid form, for a Parking Agreement for unreserved parking permits for the City's Center In The Square Garage as set forth above. Each bidder shall submit at a minimum the following information: Notice of Public Hearing Parking Agreement 1. The legal name of the entity submitting the bid, including the Identification Number issued to it by the Virginia State Corporation Commission. 2. The agreement of the bidder to pay the amounts for the parking permits as set forth in the proposed Parking Agreement. 3. The agreement of the bidder to execute the Parking Agreement. 4. The agreement of the bidder to provide the City with a bond or other security, acceptable to the City, in the amount of $15,000.00, as required by Section 15.2- 2104, Code of Virginia (1950), as amended. 5. Such other information as the bidder deems appropriate. Bids are to be submitted in a sealed envelope or container to the City Clerk at the address noted herein on or before Noon, 12:00 p.m., local time, Friday, February 14, 2020. Time is of the essence. The outside of the bid envelope should be marked as follows: "BID FOR PARKING AGREEMENT FOR UNRESERVED PARKING PERMITS FOR THE CITY'S CENTER IN THE SQUARE GARAGE, NOT TO BE OPENED UNTIL THE CITY COUNCIL MEETING AT 2 :00 P.M. ON TUESDAY, FEBRUARY 18, 2020." The bid should be addressed to the Council of the City of Roanoke, c/o Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. All bids received will be held by the City Clerk, unopened, until 2:00 p.m., local time, on Tuesday, February 18, 2020, at which time they will be delivered to the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, and thereafter be publicly opened and read aloud in accordance with Section 15.2 -2102, Code of Virginia (1950), as amended. The City reserves the right to cancel this Invitation for Bids and/or to reject any and all bids, to waive any informality or irregularity in the bids received, and to accept the bid which is deemed to be in the best interest of the City. The entity to whom any Parking Agreement may be awarded shall reimburse the City for the costs of any advertisements for this matter. The necessary bid form, a copy of the proposed Parking Agreement, and the proposed Ordinance may be obtained from the City Clerk's Office at the above address on and after Monday, February 3, 2020. Pursuant to the requirements of Sections 15.2 -2100, et seq., Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Tuesday, February 18, 2020, at 7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. For further information on this matter, you may contact the Office of the City Clerk at (540) 853 -2541. Notice of Public Hearing Parking Agreement All parties and interested persons may appear on the above date and time and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541 before 12:00 noon on Thursday, February 13, 2020. GIVEN under my hand this 3rd day of February, 2020. Cecelia F. McCoy, Acting City Clerk. Notice of Public Hearing Parking Agreement Note to Publisher: Please publish twice in the Roanoke Times, legal notices, once on Monday, February 3, 2020, and once on Monday, February 10, 2020. Please send bill to: R. Brian Townsend Assistant City Manager for Community Development 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2333 Notice of Public Hearing Parking Agreement 4 Please send affidavit of publication to: Cecelia F. McCoy City Clerk's Office 456 Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, VA 24011 (540) 853 -2541 SHERMAN P. LEA, SR. Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 Email: clerk @roanokeva.gov Council Members William D. Bestpitch Joseph L. Cobb Michelle L. Davis Djuna L. Osborne Anita J. Price February 18, 2020 Patricia White -Boyd The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: We jointly sponsor a request of Natasha Harper, Roanoke Jail Solidarity, to present information with regard to jail operations and alternatives, at the regular meeting of City Council to be held on Tuesday, February 18, 2020, at 7:00 p.m. Sincerely, M4- Joseph L. Cobb Vice -Mayor X-46."raz *e William D. Bestpitch Council Member JLC/WDB:ctw 2/18/2020 2• Rehab, Housing, &Jobs Not Jails Meeting Needs is Public Safety Divest from Roanoke City Jail & Roanoke Police Department Why? 1 Over - Criminalization • Total # of people in RCJ (Feb 13, 2020): 527 • Men: 83% 1 Women: 17% • Black: 45% (only 28% of pop.) 1 White: 54% 1 Hispanic: 1 % • Pre -Trial (Legally Innocent): 57% ■ No Bond: 89% • Drug Charges: 23% • "Non- Violent" Charges: 40% ■ Including: • Petty Larceny < $5 • Shoplift Alter Price Tags < $200 Police Brutality & Harassment National Stats • Cops Kill 3 People Every Day in US (1004 people in 2019) • Black People are 2.5x More Likely to be Killed by Cops than White People • 40% of Cops are Domestic Abusers • Cops are'/ as Likely to be Charged or Convicted of Crimes, and Almost Never for Using Violent Force 2/18/2020 E: 2/18/2020 Police & Prisons Are Community Hazards • Prisons: Created in 1700s as an "Prisons do not disappear social problems, they Alternative to Corporal Punishment disappear human beings. Homelessness, Police: Created in 1800s as a Response unemployment, drug addiction, mental illness, and • to Worker Strikes, Riots, & Slave illiteracy are only a few of the problems that Insurrections disappear from public view when the human beings • Violent, Harmful, Inhumane contending with them are relegated to cages." • Don't Deter Crime or Address Root - Angela Davis Issues • Punitive not Restorative "Instead of asking whether anyone should be locked • They take $ Away from Meeting up or go free, why don't we think about why we solve People's Needs problems by repeating the kind of behavior that brought us the problem in the first place ?" - Ruth Wilson Gilmore Cost of RCJ & RPD • RCJ costs: o Total: $18 million /yr ($11 million the City Controls) • Incarcerating One Person: $33,488/yr • D.A.R.E. Program (proven ineffective): $492,527/yr (9 deputies) • RPD costs: o Total: $20 million /yr • Patrol Cops: $12 million /yr (155 officers) • SROs: $626,949/yr (9 officers) ■ New RCPS "Chief of Security ": $125,000 9 What We Actually Need Investing In People Stop Punishing Addiction • Only 4 Residential Rehab Programs in Virginia that Accept Medicaid • 30 Days of Rehab: $12,000 - $62,000 • 42% Chance of Dying from Overdose w /in 2 Weeks of Release from Prison • Neither Alcohol Prohibition nor the War On Drugs Decreased Use • Proposals • Pre - Arrest Diversion ■ Examples: • Wilmington (NC), Charleston (WV), Santa Fe (NM) • Affordable /Free Local Residential Rehab Facilities • Decriminalize Drug Use ■ Examples: • Fairfax Co. (VA) not Prosecuting Marijuana Possession • 17 States Legalized Marijuana • Portugal Decriminalized All Drug Use 2/18/2020 10 Restorative Justice • Definition: o a practice that focuses on mediation, accountability & agreement rather than punishment • Many cultures successfully addressed harm & practiced nonviolent conflict resolution before the invention of policing in the 1800s • Alternatives to Police & Prisons: • Mediation & Intervention Teams • Counseling & Mental Health Services • Community Tribunals ■ Examples: • Freedom Square or Mothers Against Senseless Killings in Chicago (IL) • Q- Patrol in Seattle (WA) Homes For All • People Counted as Houseless in 2019: 319 • 43 Empty Houses for Every Houseless Person in Roanoke • Average Rent in Roanoke: 1 BR - $740 /mo 2BR - $896/mo • Take -Home Pay: Min Wage = $1,136/mo $15 /hr = $2,227/mo • Rent Shouldn't Cost >1 /4th Monthly Income: $250 - $500 /mo • Proposals • Rent Control • More Public Housing • Housing First Program for Houseless ■ Examples: • Salt Lake City (LIT) Boston (MA) 2/18/2020 11 Transportation • Carilion Health Assessment (2018) Listed Transportation as the #2 Priority Health - Related Issue in the Roanoke Valley • Currently no Public Transportation Past 9pm or on Sundays • Proposals: • Extend Public Buses to Run on Sundays: $849,680 • Extend Hours so Last Public Buses Leave Downtown at 11:15pm: $924,768 • Make Public Buses Free: $1,928,696 (what was collected in fares in 2017) ■ Examples: • Kansas City (MO) • Lawrence (MA) • Olympia (WA) Living -Wage Jobs • Poverty in Roanoke has Doubled in Past 50 Years • Many City Workers (Including School Workers, Custodians & Others) are Still Paid Poverty Wages of $9, $10, $11 /hr • Proposals: • Hire More Counselors, Bus Drivers, School Workers, & other Services People Need • Living Wage Ordinance (at least $15 /hr) for all Workers Employed by Roanoke City ■ Examples: • Charlottesville (VA) • Alexandria (VA) • Arlington (VA) 2/18/2020 12