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Council Actions 01-18-22
JEFFREY 42253-011822 ROANOKE CITY COUNCIL REGULAR SESSION JANUARY 18, 2022 2:00 P.M. CITY COUNCIL CHAMBER 215 CHURCH AVENUE, S. W. AGENDA 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. 1 . Call to Order--Roll Call. All present. Council Member Bestpitch participated by electronic means. The Invocation was delivered by Council Member Joseph L. Cobb. The Pledge of Allegiance to the Flag of the United States of America will was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. Adopted Resolution No. 42253-011822 acknowledging the limited statewide state of emergency declared by the Governor of Virginia in Executive Order No. 84, which authorizes the Council as well as its boards and commissions to meet virtually. (7-0) NOTICE: Council meetings will be televised live and replayed on RVTV Channel 3 on Thursdays at 7:00 p.m., and Saturdays from 10:00 a.m. to 5:00 p.m.; and video streamed through Facebook Live at facebook.com/RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. 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: Parks and Recreation Advisory Board —two vacancies Roanoke Neighborhood Advocates — one vacancy Towing Advisory Board —one vacancy (Citizen at-large) Western Virginia's Regional Industrial Facility Authority— one vacancy (Citizen at-large) Access the City's homepage to complete an online application for the abovementioned vacancies. The City Clerk's Office is accepting applications for two upcoming vacancies on the Roanoke City School Board for three-year terms of office expiring on June 30, 2022. Three-year terms of office will commence July 1, 2022 and end on June 30, 2025. Incumbent School Board Trustees are Lutheria H. Smith and Joyce W. Watkins. Application and information describing the duties and responsibilities of Trustees of the Roanoke City School Board are available on the City of Roanoke's web page at www.roan okeva.gov, or may be obtained by contacting the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. The deadline to receive applications is Thursday, March 10, 2022 at 5:00 p.m. For questions and/or additional information, please contact the City Clerk's Office at (540) 853-2541 or by email at clerkCaD_roanokeva.gov. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. 2 4. CONSENT AGENDA: (APPROVED 7-0, as amended) (Item C-5 was removed and considered separately) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C-1 Minutes of the regular meetings of City Council held on Monday, December 6, 2021 and Monday, December 20, 2021. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 A communication from Vice-Mayor Patricia White-Boyd, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the annual performances of the Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-3 A communication from the City Manager requesting that Council schedule a public hearing to be held on Tuesday, February 22, 2022, at 7:00 p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager may determine, in his discretion, to enter into a Parking Agreement for unreserved parking permits for the Center in the Square Garage located at 11 Campbell Avenue, S. E. RECOMMENDED ACTION: Concurred in the request. C-4 A communication from the City Manager requesting that Council schedule a public hearing to be held on Tuesday, February 22, 2022, at 7:00 p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager may determine, in his discretion, to advertise a 30 day public comment period and consider amendments in connection with the 2020 — 2024 HUD Consolidated Plan and Citizen Participation Plan. RECOMMENDED ACTION: Concurred in the request. 3 C-6 Reports of qualification of the following individuals: Brandon McCall and Deidre Trigg as members of the Youth Athletics Review Board for a one-year term of office commencing January 1, 2022 and ending December 31, 2022 and a three-year term of office, commencing January 1, 2022 and ending December 31, 2025, respectively; and Garrett Brumfield as a member of the Fair Housing Board to fill the unexpired term of office of Stephen Grammer ending March 31, 2022. RECOMMENDED ACTION: Received and filed. Item removed and considered separately. C-5 A communication from the Director of Finance transmitting the FY 2021 City Manager Transfer Report for period thirteen ended November 30, 2021; and FY 2022 for the first and second quarters ended September 30, 2021 and December 31, 2021. RECOMMENDED ACTION: Received and filed. (7-0). REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Presentation by Caption Call to introduce the program and share information in connection therewith. Bettina Mason, Anthem representative; and Lisa Mottsheard, Caption Call, Spokespersons. (Sponsored by Mayor Lea and Vice-Mayor Patricia White-Boyd) Received and filed. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFING: • Emergency Operations Plan - 15 minutes Received and filed. 4 ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the 2022 Violence Against Women Act (V-STOP) Grant from the Virginia Department of Criminal Justice for the Police Department's existing Domestic Violence Specialist position. Adopted Resolution No. 42254-011822 and Budget Ordinance No. 42255-011822. (7-0) 2. Approval to allocate remaining Emergency Solutions Grant CV2 funding for activities to address the preparation, response and recovery from effects of COVID-19 for persons homeless or at-risk of homelessness. Adopted Resolution No. 42256-011822 and Budget Ordinance No. 42257-011822. (7-0) 3. Execution of Amendment No. 5 to the First Reinstated Agreement for the Exchange of Real Estate between the City of Roanoke and Rutherfoord Partners, LLC, in connection with a new transportation facility. Adopted Ordinance No. 42258-011822. (7-0) 4. Execution of Amendment No. 5 to the First Reinstated Agreement for the Exchange of Real Estate between the City of Roanoke and Greater Roanoke Transit Company, in connection with a new transportation facility. Adopted Ordinance No. 42259-011822. (7-0) 5. Adoption of a resolution ratifying the acceptance of American Rescue Plan Act funding from the Office of the Attorney General to support community-based gun violence prevention initiatives. Adopted Resolution No. 42260-011822 and Budget Ordinance No. 42261-011822. (7-0) COMMENTS OF THE CITY MANAGER. The City Manager offered the following comments: Budgeting for Outcomes — Performance Measures • Indicators that are a report card at the end of the budget cycle to see how things were accomplished, alongside an audit to see how things were going financially. • Presented in January and located on the management and budget web page titled Measures and Budget Indicators for public viewing. 5 Innovation Corridor • Opinion editorial article in the Cardinal News, online newspaper, written by many including Marc Nelson, Director of Economic Development, with regard to exiting efforts in the innovation corridor. • Thanked Marc for his work on the article. Snow Event • City workers began on last Thursday evening preparing the streets for the potential snow event and continue to clean the streets daily to make them accessible for citizens. • Over 1,100 lane miles of streets the City workers are responsible for clearing, with only 100 snow workers on 12-hour shifts on a 24-hour rotation. • 100,000 tons of salt was spread to help melt the snow. • City goal to have 90 percent of the major streets cleared within 24 hours of the conclusion of a snow event. • Workforce decreased because of Covid-19. Thanked all workers and supervisors for their support. 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. 42262-011822. (7-0) b. A report of certain Authorities, Boards, Committees and Commissions in which City Council serve as liaisons or appointees. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 6 11 . MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Moon Reynolds commended the Vice-Mayor on the fundraiser for the Henrietta Lacks projects collaborating with the Harrison Museum of African American Culture to solicit funds. The Vice-Mayor advised that if anyone wished to donate funds, please remit to P.O. Box 21054, Roanoke, Virginia 24018. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESS - 3:50 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING; AND THEREAFTER RECONVENE AT 7:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 7 ROANOKE CITY COUNCIL REGULAR SESSION JANUARY 18, 2022 7:00 P.M. CITY COUNCIL CHAMBER 215 CHURCH AVENUE, S. W. AGENDA Call to Order--Roll Call. All present. Council Member Bestpitch participated by electronic means. The Invocation was delivered by The Reverend Michael L. Cherry, II, Youth Director, Garden of Prayer#7 Vision of Faith Ministries. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. CERTIFICATION OF CLOSED MEETING. (7-0). NOTICE: Council meetings will be televised live and replayed on RVTV Channel 3 on Thursdays at 7:00 p.m., and Saturdays from 10:00 a.m. to 5:00 p.m.; and video streamed through Facebook Live at facebook.com/RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. 8 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. Dave Jones, Agent, Spokesperson. Matter was continued until the February 14, 2022 City Planning Commission Meeting. 2. Request of Greater Roanoke Transit Company to vacate a 10 foot wide alley between and parallel to 11th Street, S. E., and 12th Street, S. E. Kevin Price, General Manager, Spokesperson. Matter was continued until the February 14, 2022 City Planning Commission Meeting. 3. Request of 829 Salem Avenue, LLC, to rezone property located at 829 Salem Avenue, S. W., from Light Industrial District to Urban Flex District to be used as a mixed-use building. John Garland, Manager, Spokesperson. Adopted Ordinance No. 42263-011822. (7-0) 4. Request of the Roanoke City School Board to amend the Institutional Planned Unit Development Plan as part of a previous rezoning at 3601 Ferncliff Avenue, N. W., adopted by Ordinance No. 38613-092109; amendments include changes in uses of particular buildings and additional support buildings and parking. Jack Ellinwood, Parker Design Group, Inc., Agent, Spokesperson. Adopted Ordinance No. 42264-011822. (7-0) 5. Request of the Roanoke City School Board to vacate Truman Avenue, a street adjacent to 3837 Williamson Road, N. W., and 0 Williamson Road, N. W.; approximately 381 linear feet, running northeast from the intersection of Williamson Road, N. W., ending in a cul-de-sac adjacent to 3901 Williamson Road, N. W. Christopher Perkins, Chief Operations Officer, Roanoke City Public Schools, Spokesperson. Adopted Ordinance No. 42265-011822. (7-0) 6. Proposal of the City of Roanoke to consider the lease of the Gill Memorial Property to the Valleys Innovation Council to continue the operation of the Regional Acceleration and Mentoring Program. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 42266-011822. (7-0) 9 7. Proposal of the City of Roanoke to consider a lease agreement with Rutherfoord Properties, LLC, for City-owned property located at 1 Jefferson Street, S. W., and 7 Jefferson Street, S. W., to provide office space to a sub-lessee. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 42267-011822. (7-0) B. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. C. ADJOURNED - 7:50 P.M. 10 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 181h day of January 2022. No. 42253-011822. A RESOLUTION acknowledging the limited statewide state of emergency declared by the Governor of Virginia in Executive Order No. 84 which authorizes the Council as well as its boards and commissions to meet virtually. WHEREAS, the Governor of Virginia has found that the Commonwealth is suffering from a public health disaster because of the outbreak the coronavirus (COVID-19) and the highly-transmissible Omicron variant; WHEREAS, by Executive Order No. 84, the Governor of Virginia declared a limited state of emergency commencing January 10, 2022; WHEREAS, the Council acknowledges that the limited state of emergency declared by the Governor in Executive Order No. 84 authorizes public meetings to be held virtually; and WHEREAS, because it would be unsafe and impractical to meet in person during this limited state of emergency, the Council is of the opinion that it is best for Council, as well as its boards and commissions to meet virtually during the limited emergency. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council acknowledges that the Governor of Virginia, through Executive Order No. 84, has declared a limited state of emergency commencing January 10, 2022. 2. That so long as the limited state of emergency established by Executive Order No. 84 is in effect, the Council, as well as its boards and commissions can meet virtually. ATTEST: - City Clerk. �0 P. CITY OF ROANOKE CITY COUNCIL 215 Church Avenue,S.W. Noel C.Taylor Municipal Building,Suite 456 t'1Rt� Roanoke,Virginia 24011-1536 - Telephone: (540)853-2541 Fax: (540)853-1145 Council Members SHERMAN P.LEA,SR. Email: clerk@roanokeva.gov William D.Bestpitch Mayor Joseph L.Cobb Robert L.Jeffrey,Jr. Stephanie Moon Reynolds Vivian Sanchez-Jones Patricia White-Boyd January 18, 2022 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: I wish to request a Closed Meeting to discuss the annual performances of the Council- Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, Patricia White-Boyd, Chair City Council Personnel Committee PWB:ctw CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 18, 2022 Subject: Request to Schedule a Public Hearing for a Parking Agreement for Unreserved Parking Permits for the Center in the Square Garage located at 11 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. City Council approved a similar version of this agreement on February 18, 2020 and again on November 16, 2020 with JS Project, L.L.C. (Developer), a Virginia Limited Liability Company, related to Developer's purchase of the former Liberty Trust Building located at 101 South Jefferson Street, Roanoke, Virginia 24011 . Developer intends to develop a boutique hotel (Hotel) with up to 53 rooms. On both occasions, the COVID-19 pandemic caused unanticipated delays to the Developer's construction schedule which caused Developer to miss the revised anticipated completion date of December 2021 . Developer now anticipates the project will be completed during the first quarter of calendar year 2022. Because this date is beyond the scope of the most recent agreement, the City is legally required to conduct a new bidding process and hold a new public hearing to approve this Agreement. Pursuant to Sections 15.2-2100 and 1 5.2-2101 , 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. Subject to City Council's concurrence with this request, a copy of the proposed agreement and related bid forms will be placed with the City Clerk for public information and review on and after February 7, 2022. The required legal advertisements will be placed in the Roanoke Times on February 7, 2022 and February 14, 2022. The deadline for submittal of bids to the City Clerk from interested parties will be Friday February 18, 2022 at 12:00 Noon. Bids received will be opened at the City Council meeting on Tuesday, February 22, 2022 during the 2:00 PM session, and referred to the City Manager for review and recommendation. The public hearing on the bids will be held on February 22, 2022 during the City Council's 7:00 PM session. Recommended Action: Authorize the scheduling and advertising for bids on this matter and for opening of bids and a public hearing on February 22, 2022, or as soon thereafter as the matter may be reached, or such other date and time as deemed appropriate by the City Manager. ---- ---------------------- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers W. Brent Robertson, Assistant City Manager for Community Development Marc B. Nelson, Director, Economic Development 2 Background: A series of amendments are being requested by the HUD Community Resource division to address items related to the 2020-24 HUD Consolidated Plan and Citizen Participation Plan. The first amendment relates to a proposed Neighborhood Revitalization Strategy Area Plan (NRSA) developed by the Planning division for the Belmont-Fallon Target Area (BFTA). If HUD approves the NRSA, the City will be allowed to receive enhanced flexibility when undertaking economic development, housing and public service activities when using their CDBG funds. Regulatory relief and greater flexibility are the primary benefits of a NRSA. A NRSA is required to be part of a city's Consolidated Plan and since no plan existed at the time of adoption, an amendment is required. The second amendment is necessary to access 5% of HOME-American Rescue Plan funds that HUD is allowing for planning and administrative needs to develop an allocation plan before releasing the full $2.4 million in HOME-ARP funds allocated to the City. Outside consultants are necessary to develop a housing needs assessment and gap analysis that will be part of a subsequent allocation plan. As there were no HOME-ARP funds approved when the 2020-24 Consolidated Plan was submitted to HUD, the amount necessary to set up an activity in the Integrated Disbursement and Information System (IDIS) exceeds the $100,000 administrative threshold for action in the current Citizen Participation Plan (CPP). The third amendment relates to the current CPP last revised in 2014. The revised CPP better clarifies the public input process for the development of the 5 Year Consolidated Plan, Annual Action Plan and CAPER; improves the efficiency of required actions and public notifications; strengthens the language for community input on defining housing, community development, public services and homeless services needs and funding priorities; and allows for exception to the CPP in the event of HUD statutory waivers for CDBG, HOME and ESG programs in the event of disasters or emergency declarations. HUD requires each participating jurisdiction to adopt a Citizen Participation Plan (CPP) that sets forth the City's policies and procedures for citizen participation. These requirements are designed especially to encourage participation of low- and moderate-income persons, particularly those living in slum and blighted areas and in areas where CDBG funds are proposed to be used, and by residents of predominantly low- and moderate-income neighborhoods, as defined by the jurisdiction. Considerations: A public notice will be advertised in the Roanoke Times and uploaded to the City's webpage on January 23, 2022 of a 30-day comment period for the three amendments, including a public hearing by City Council on Tuesday February 21 , 2022 of the proposed amendment. Public comments will be received through February 23, 2022 and will be included in the amendments to be submitted to HUD. City Council may take formal action on the proposed amendment at the conclusion of its public hearing on February 21 , 2022 pending the completion of the 30-day comment period. To lower costs and improve efficiency, all three amendments will be included in the same public notice. Recommended Action: Authorize the City Manager or designee to advertise a 30-day public comment period for the three amendments per the current Citizen Participation Plan and subsequent public hearings for City Council by February 21 , 2022. 7 - ------- -------- kRoberiC6o;weICI, Jr. City Manager Distribution: Susie McCoy, City Clerk Timothy R. Spencer, City Attorney W. Brent Robertson, Assistant City Manager for Community Development Jillian Papa-Moore, Acting Director of Planning, Building & Development Keith Holland, HCR Program Administrator 2 CITY COUNCIL AGENDA � �. REPORT To: Honorable Mayor and Members of City Council Meeting: January 18, 2022 Subject: P13 FY2021 & FY2022 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 P13 FY21 period ended November 30, 2021 , 1 st quarter ended September 30, 2021 and 2nd quarter ended December 31 , 2021 . Robert S. Cowell City Manager Distribution: Clarence Grier, Deputy City Manager W. Brent Robertson, Asst. City Manager for Community Development Amelia C. Merchant, Director of Finance I City of Roanoke,Virginia Report of City Manager Transfers P13 Ended November 30,2021 Qtr 1 FY22 Ended September 30,2021 Qtr 2 FY22 Ended December 31, 2021 (Unaudited) Transfer Nu= Date Explanation From To Amount Transfer budgets within CARES Act CMT21-00110 8/5/2021 Grant to where funds were spent. CARES Grant fund CARES Grant fund $ 2,375,534 Transfer unused E911 revenues to Operating E911 to Approp Approp from General 6T21-00145 10/20/2021 multi-year for E911 Expenses from General Revenue Revenue $ 310,359 CMT21-00153 10/22/2021 FY21 Intra-Department clean up Sherriff misc accounts Sherriff misc accounts $ 198,839 General General CMT21-00160 10/26/2021 FY21 Intra-Department clean up a coup sServices misc account Services misc $ 136,241 General nral CMT21-00161 10/26/2021 FY21 Intra-Department clean up accounts Services misc accounts ervices misc $ 228,326 CMT21-00163 10/22/2021 FY21 Intra-Department clean up Public Works Misc accounts Public Works Misc accounts $ 207,927 Human Human CMT21-00166 10/25/2021 FY21 Intra-Department clean up accounts Services Misc accounts Services Misc $ 131,066 Human Human CMT21-00167 10/25/2021 FY21 Intra-Department clean up a countservices Misc accounts Services Misc $ 462,171 CMT21-00172 11/3/2021 FY21 Intra-Department clean up Park&Rec Misc accounts Park&Rec Misc accounts $ 178,135 Various Economic Developm CMT21-00173 10/27/2021 FY21 Intra-Department clean u Manager's s account t and City Snow Removal � P 9 $ 252,703 FY21 surplus fund to disignated Vihicular purchases, CMT21-00183 11/4/2021 programs and uses Contingency Technology,Risk&Capital $ 6,885,000 FY21 surplus fund to various Covid Contingency,Transfer Contingency,Transfer CMT21-00184 11/4/2021 transfer accounts accounts&admission tax accounts $ 6,817,231 FY21 YE cleanup of various CMT21-00185 11/4/2024 departments with Contingency Contingency Various Departments $ 279,479 FY21 YE cleanup of Transfer CMT21-00189 11/15/2021 Accounts with Contingency Contingency Debt service $ 333,783 Correction to the CIP 8042091- 062121 which allocated funds Misc&Approp from One- Approp from One-Time funds CMT21-00102 7/23/2021 inaccurately for two of the accounts. Time funds &Training and Development $ 945,075 Transfer to the proper account Fleet Vehicle capital funds associated with debt service that is related to CMT21-00103 prior vehicle purchases funded with Transfer to Debt Service Transfer to Debt Service 7/23/2021 bonds. Fund Fund $ 830,788 One Time funds approved for outdoor power equipment(cab tractor and cradle boom mower)for Approp From FY One-Time CMT21-00111 8/6/2021 Transportation division. Funds Approp From General Rev $ 125,000 To provide funding for the Juvenile Juvenile&Domestic Court CMT21-00113 8/17/2021 &Domestic Court Renovations Capital Project Contingency Renovations $ 760,000 Gainsboro Library Close out accounts and move funds Renovations&South Jackson Park Library CMT21-00114 8/19/2021 to active Belmont Library Project Roanoke Library Renovations $ 170,471 Moving FY22 approved technology capital funding in to appropriate Various DOT Projects- DoT managed project accounts. Microsoft Licensing FY22, Network Switch Replacement, CMT21-00122 8/25/2021 DOT-Capital Outlay Time and Attendance FY20... $ 1.239,500 Moving FY22 approved technology Police/Sheriff cameras, capital CMT21-00123 8/25/2021 D Tman ge / d project accounts. DOT-Capital Outlay Viper phonesJail iFl and E911 $ 385,000 Reallocation from cancelled Carillon project to Bradley Free Clinic Professional Health Services CMT21-00124 8/27/2021 &Carillon Clinic Bradley Free Clinic $ 110,000 To disburse 2022 Bond funds from Stormwater Improvements CMT21-00132 9/10/2021 Individual Project Units ts Unit to Stormwater Improvements Various Stormwater Projects $ 1,535,500 To disburse 2022 Bond funds from Stormwater Improvements Unit to Acquistion of Ramada CMT21-00134 9/10/2021 Individual Project Units Stormwater Improvements Property at Franklin Rd $ 1,200,000 Garden City Greenway- Pedestrian Bridge-Roanoke River General&Franklin Rd over Roanoke River Greenway CMT21-00143 10/7/2021 Greenway Project NSRW Bridge Bridge $ 214,300 CMT21.00148 10/15/2021 Whole of Government Contingency Misc Department $ 250,000 Transfer funding to establish accoCMT21-00149 10/18/2021 Improvement nt for FY22 Park APPROPRIATED OM APPROPRIATED vement projects, 2022 OND FU DS 2 22BOND FUNDSOM $ 850,000 CMT21-00150 10/20/2021 Five Demolitions Contingency Demolitions $ 100,000 Addtiional 599 Funds distributed in Contingency Recruitment-Retention CMT21-00175 10/26/2021 FY21 $ 153,308 Reimbursement of one-time Conttgency-General Fund Vihicular Equipment & expenses for Athletic Dept for Supplies CMT21-00180 10/28/2021 Vehicular Equipment $ 123,499 Swap Series 2018(2019C)bond Tinker Creek 2018 Bond& Capital Street Paving FY20- funds with General Revenue Capital Street Paving FY20 2018 bonds&Tinker Creek appropriated funds between Tinker Gen Rev GW-General revenue Creek Greenway Trail project and Capital Street Paving project for Arbitrage Rebate protection CMT21-00188 11/12/2021 purpose. $ 606,722 Move portion of FY22 Bond funding Gurb Gutter Sidewalk Sidewalk Maintenance CMT21-00190 11/15/2021 to existing capital accounts account $ 635,000 Provide for Parks Deferred CMT21-00191 11/16/2021 Maintenance funding Capital Projects Contingency Parks Deferred Maintenance $ 1,460,000 Transfer remaining funds from CMT21-00193 12/7/2021 cancelled project to new project Church Williamson Garage Tower Carage Revitalization $ 462,000 Approp from General Rev- CMT21-00197 12/7/2021 Provide for Paramedic Programs One Time funding Paramedic Program $ 150,000 CMT21-00210 12/22/2021 Move unused funds to new project Church Williamson Garage Center in the Square Garage $ 105,415 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. CMTs 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. View workflow details Funds Transfe '(CMT21-00110)Management&Budget-InterDepartment Transfer Page down to view complete workflow history. Requested by Paul Workman Ott 08/05/2021 10:55;02 AM Department Management&Budget Type: InterDepartment Fiscal Year: 2021 Director Amelia Merchant Assistant CM Yes Approval? Division none City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM none Reason For Transfer budgets within CAREs Transfer Act Grant to reflect where the funds were actually spent. Increase the following accounts: Account Name Account Number Amount 1 CORONAVIRUS-ECONOMY FY20 20L-0016-35-C20-2048-3081 $22,150.00 2 CORONAVIRUS-OTHER INTERNAL 20N-0020-35-C20-2050-3081 $184,304.00 PROGRAMS FY20 3 CORONAVIRUS-SOCIAL SERVICES/ 20P-0531-35-C20-2051-3081 $611,037.00 WELFARE FY20 4 CORONAVIRUS-OTHER INTERNAL 21N-0020-35-C21-2150-3081 $1,558,043.00 PROGRAMS FY21 TOTAL $2,375,534.00 Decrease the following accounts: Account Name Account Number Amount 1 CORONAVIRUS-COMMUNITY 20K-0510-35-C20-2047-3081 $481,451.00 HEALTH FY20 2 CORONAVIRUS-CULTURE FY20 20M-0620-35-C20-2049-3081 $36,040.00 3 CORONAVIRUS-YOUTH EDUCATION 20Q.0008-35-C20-2052-3081 $300,000.00 FY20 4 CORONAVIRUS-ECONOMY FY21 21L-0016-35-C21-2148-3081 385,250 5 CORONAVIRUS-SOCIAL SERVICES/ 21P-0531-35-C21-2151-3081 $807,793.00 WELFARE FY21 6 CORONAVIRUS-YOUTH EDUCATION 21Q-0008-35-C21-2152-3081 $365,000.00 FY21 TOTAL $2,375,534.00 View woWow details View workflow details Funds Transfer(CMT21-00145)Management&Budget-InterDepartment Transfer Page down to view complete workflow history. Requested by Katie Davis on 10/14/2021 04:15:39 PPA Department Management& Budget Type: InterDepartment Fiscal Year: 2021 Director Vanessa Bohr Assistant CM Yes Approval? Division Sonya Roman City Mgr Yes Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM Clarence Grier Reason For Transfer unused E911 Wireless Transfer Board revenues for FY21,both appropriated and unappropriated,to a multi-year account for designated E911 expenses. Increase the following accounts: Account Name Account Number Amount 1 APPROP FROMGENERAL REVENUE WEF-0123-08-430-9870-9003 $310,359.00 TOTAL $310,359.00 Decrease the following accounts: Account Name Account Number Amount 1 REGULAR EMPLOYEE WE1-0311-01-430-4131-1002 $125,533.00 SALARIES 2 OVERTIME WAGES WE1-0311-01-430-4131-2035 $8,730.00 3 FICA WE1-0311-01-430-4131-1120 $10,683.00 4 MEDICAL INSURANCE WEl-0311-01-430-4131-1125 29,545 5 EXPENDABLE WE2-0311-01-430-4131-2035 $67,354.00 EQUIPMENT(<$5000) 6 CONTINGENCY CT2-0800-01-300-9410-2199 $68,514.00 TOTAL $310,359.00 View workflow details X377- 2021 r€ .raw �Y �.4 , 1�i� What do j do al this sten? View workflow details Funds Transfer(CMT21-00153)Management&Budget-IntraDepartment Transfer Page down to view complete workflow history. Requested by Paul Workman on 10120/2021 01 57 12 PM Department Management&Budget Type: IntraDepartment Fiscal Year: 2021 Director David Bell Assistant CM Yes Approval? Division none City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM none Reason For FY21 year end Transfer Intra-Departmental cleanup of Sherifrs Office. Increase the following accounts: Account Name Account Number Amount 1 BURIALS/CREMATIONS SH2-0211-01-140-2140-2301 $10,462.00 2 OVERTIME WAGES JAI-0341-01-140-3310-1003 $176,531.00 3 INTERNAL PRINTING AND JA2-0341-01-140-3310-2375 $1,052.00 MAINTENANCE 4 CORONAVIRUS EXPENSES JA2-0341-01-140-3310-3081 $8,048.00 5 WATER AND SEWAGE JA4-0341-01-140-3310-2026 $2,746.00 TOTAL $198,839.00 Decrease the following accounts: Account Name Account Number Amount 1 TEMPORARY EMPLOYEE WAGES SH1-0211-01-140-2140-1004 $20,684.00 2 DARE PROGRAM SH4-0211-01-140-2140-4572 $7,941.00 3 FOOD JA6-0341-01-140-3310-2060 $43,860.00 4 MEDICAL JA6-0341-01-140-3310-2062 126,354 TOTAL $198,839.00 What do I do at this Ago? View workflow details 1992- 2021 Twunw7rkSotuUuns. lric Ail Rights ReservedVV%,Irklvvida PROCESSED OCT 2 2 2021 AAk P 13 � What do 1 do at this sten? View workflow details Funds Transfer(CMT21-00160)Management&Budget-IntraDepartment Transfer Page down to view complete workflow history. Requested by Paul Workman on 10120/2021 0301 45 PM Department Management&Budget Type: IntraOepartment Fiscal Year: 2021 Director Jeffrey Powell Assistant CM Yes Approval? Division none City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM Clarence Grier Reason For FY21 year end Transfer Intra-Departmental cleanup of General Services. 1 of 2 CMTs Increase the following accounts: Account Name Account Number Amount 1 OVERTIME WAGES GE1-0126-01-440-1237-1003 $1,381.00 2 EXPENDABLE EQUIPMENT(45000) GE2-0126-01-440-1237-2035 $5,006.00 3 CIVIC CENTER RENTAL AP2-0126-01-440-1260-2003 $606.00 4 FEES FOR PROFESSIONAL RM2-0126-01-440-1262-2010 $3,700.00 SERVICES 5 TEMPORARY EMPLOYEE WAGES CD1-0430-01-440-4220-1004 $2,209.00 6 OVERTIME WAGES BM 1-0430-01-440-4330-1003 $1,840.00 7 TECHNOLOGY MAINTENANCE BM2-0430-01440-4330-2555 $11,813.00 CONTRACTS 8 CORONAVIRUS EXPENSES BM2-0430-01-440-4330-3081 $41,665.00 9 HVAC M6-0430-01-040-4330 3024 $68,021.00 TOTAL $136,241.00 Decrease the following accounts: Account Name Account Number Amount 1 SELF INSURE AUTO LIABILITY RM6-0126-01440-1262-2172 $72,000.00 CLAIMS 2 FEES FOR PROFESSIONAL C132-0430-01-4404220-2010 $39,452.00 SERVICES 3 TELEPHONE-CELLULAR CD2-0430-01-440-4220-2021 $960.00 4 EXPENDABLE EQUIPMENT(45000) CD2-0430-01-4404220-2035 807 5 CITY DUMPSTERS CD2-0430-01-440-4220-2259 $13,448.00 6 PROJECT SUPPLIES CD6-0430-01440-4220-3005 $9,574.00 TOTAL $136,241.00 What do I do at this step? View workflow details PROCESSED OCT 262� A41 3y What do I do at this s W view werkflow details FU11dS Tra11Sf@1'(CMT21-00161)Management 8 BudgePa-! dow "ent Transfer view complete workflow history. 9 to Requested by Paul Workman on 10120/202103 32.46 PM Department Management&Budget Type: IntraDepartment Fiscal Year: 2021 Director Jeffrey Powell Assistant CM Yes Approval? Division none City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Reason For FY21 year end Assistant CM Clarence Grier Transfer Intra-Departmental cleanup of General Services.2 of 2 CMTs Increase the following accounts: Account Number Amount Account Name FM1-0125-01-440-2641-1003 $25,130.00 1 OVERTIME WAGES 2 EXPENDABLE EQUIPMENT 0$5000) FM2-0125-01 440-2641 2045 $$4,633.000 3 CHEMICALS 4 MAINTENANCE-EQUIPMENT FM2-0125-01-440-2641-2048 $32,064.0 TECHNOLOGY MAINTENANCE FM2-0125-01-440-2641.2555 $1,768.0 5 CONTRACTS 6 VEHICULAR EQUIPMENT FM5-0125-01-440-2642-9010 $24,420.00 7 TEMPORARY EMPLOYEE WAGES RC6-0420-01-440-4210-2268 $$106,665.0 8 TIPPING FEES TOTAL $228,326.00 Decrease the following accounts: Account Number Amount Account Name 1 MOTOR FUEL/LUBE PURCHASES FM6-0125-01-440-2641-3013 $150,354.00 2 FEES FOR PROFESSIONAL OW-0125-01440-2641-2010 $77.972.00 SERVICES TOTAL $228,326.00 What do.1 do at this stent viCA.workflow detailFtOCESSED :�- 1992- 2011 All Rrtjlrt:•Reserued Worldwide OCT 2 r What do I do at this sten? `liew workflow details Funds Transfer(CMT21-00163)Management&Budget- nsfer I aDe�own t�onv tT Complete workflow history. Requested by Paul Workman on 1012012021 03:5620 PM Department Management&Budget Type: IntraDepartment Fiscal Year. 2021 Director Mark Jamison Assistant CM Yes Approval? Division none City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM Clarence Grier Reason For FY21 year end Transfer Intra-Departmental cleanup of Public Works. Increase the following accounts: Account Name Account Number Amount 1 FEES FOR PROFESSIONAL PVV1-1280-01-530-1280-2010 $28,354.00 SERVICES 2 OVERTIME WAGES SU1-0410-01-530-4140-1003 $107,547.00 3 FICA SU1-0410-01-530-4140-1120 $7,893.00 4 CHEMICALS SU2-0410-01-530-4140-2045 $43,155.00 5 FEES FOR PROFESSIONAL SS2-0410-01-530-4160-2010 $20,978.00 SERVICES TOTAL $207,927.00 Decrease the following accounts: Account Name Account Number Amount 1 ENVIRONMENTAL ISSUES ER2-0126-01-530-1214-2025 $27,325.00 2 TRAINING AND DEVELOPMENT PW2-1280-01-530-1280-2044 $1,029.00 3 TEMPORARY EMPLOYEE WAGES SM1-0410-01-530-4110-1004 $17,191.00 4 FEES FOR PROFESSIONAL SM2-0410-01-5304110-2010 57,739 SERVICES SUPPLIES-STREETS SM6-0410-01-530-4110-3064 $17,884.00 5 5ELECTRIC SI-6-0410-01-5304150-2022 $38,763.00 7 OVERTIME WAGES SS1-0410-01-530-4160-1003 $6,138.00 8 TEMPORARY EMPLOYEE WAGES SS1-0410-01-530-4160-1004 $9,654.00 9 PROJECT SUPPLIES SS6-0410-01-530-4160-3005 $6,149.00 BRIDGE INSPECTIONS- EG6-0410-01-530-4310-3072 $26,055.00 10 ENGINEERING TOTAL $207,927.00 What do I do at this step? View workflow details PROCESSED OCT 2 2 2021 FY11 , M What do Ido 1t this sten? View workflow detaik Funds Transfer(CMT21-00166)Management&Budget-IntraDepartment Transfer Requested by Paul Workman on 10120/2021 09:23 36 PSV! Page down to view complete workflow history. Department Management&Budget Type: IntraDepartment Fiscal Year: 2021 Director Steven Martin Assistant CM Yes Approval? Division none City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM Brent Robertson Reason For FY21 year end Transfer Intra-Departmental cleanup of Human Services. 1 of 2 CMTs Increase the following accounts: Account Name Account Number Amount 1 ALT/PRIVATE DAY SCHOOL CR1-0531-01-630-5410-4615 $130,901.00 2 TRAINING AND DEVELOPMENT ES2-0531-01-630-3370-2044 $165.00 TOTAL $131,066.00 Decrease the following accounts: Account Name Account Number Amount 1 TEMPORARY EMPLOYEE WAGES OD1-0341-01-630-3330-1004 $1,200.00 2 TELEPHONE-CELLULAR OD2-0341-01-630-3330-2021 $2,178.00 3 LOCAL MILEAGE OD2-0341-01-630-3330-2046 $5,331.00 4 EQUIPMENT RENTAULEASE OD2-0341-01-630-3330-3070 12,312 5 FEES FOR PROFESSIONAL JP2-034 01-630-3350-2010 $$9,199.00 SERVICES 6 TEMPORARY EMPLOYEE WAGES EC 1-0531-01-630-3360-1004 $18,545.00 7 ADMINISTRATIVE SUPPLIES EC2-0531-01-630-3360-2030 $126.00 8 EXPENDABLE EQUIPMENT(<$5000) EC2-0531-01-630-3360-2035 $1,625.00 9 TRAINING AND DEVELOPMENT EC2-0531-01-630-3360-2044 $550.00 TOTAL $131,066.00 What do I do at this step View workflow details PROCESSED e ?992- 2021 Team>+.,. 5< OCT Z 5 �,it tr,7x:rrs htC Ail R�,�ttts Rose,ped tNo��d4.�rcie F1 What do 1 do at this sten? Viewworkflow-details Funds Transfer(CMT21-00167)Management&Budget-IntraDepartment Transfer Page down to view complete workflow history. Requested by Paul Workman on 10/20/202109:39:58 PM Department Management&Budget Type: IntraDepartment Fiscal Year: 2021 Director Steven Martin Assistant CM Yes Approval? Division none City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM Brent Robertson Reason For FY21 year end Transfer Intra-Departmental cleanup of Human Services.2 of 2 CMTs Increase the following accounts: Account Name Account Number Amount 1 ALTIPRIVATE DAY SCHOOL CR1-0531-01-630-54104615 $462,171.00 TOTAL $462,171.00 Decrease the following accounts: Account Name Account Number Amount 1 FEES FOR PROFESSIONAL HR2-1270-01-630-1270-2010 $6,716.00 SERVICES 2 TRAINING AND DEVELOPMENT HR2-1270-01-630-1270-2044 $633.00 3 SUBSIDIES HD6-0510-01-630-5110-3700 $45,006.00 4 BIG BROTHERS/SISTERS CZ6-0531-01-630-5220-3925 9,000 5 FEES FOR PROFESSIONAL SN2-0531-01-630-5311-2010 $41,853.00 SERVICES 6 ADMINISTRATIVE SUPPLIES SN2-0531-01-630-5311-2030 $26,336.00 7 EXPENDABLE EQUIPMENT(<$5000) SN2-0531-01-630-5311-2035 $25,408.00 8 TRAINING AND DEVELOPMENT SN2-0531-01-630-5311-2044 $8,701.00 9 TECHNOLOGY MAINTENANCE SN2-0531-01-630-5311-2555 $34,380.00 CONTRACTS 10 FOSTER CARE IV-E(100%) SN2-0531-01-630-5311-3115 $264,138.00 TOTAL $462,171.00 What do I do at this sten? View workflow details PROCESSED OCT 2 5 20 �? 1982- 2021 T'earr)ta-ork 3eltJtlons. Inc All Righty Reserved Worldwide View workflow details Funds Transfer(CMT21-00172)Management&Budget-InterDepartment Transfer Page down to view complete workflow history, Requested by Pail WWWMT!on 10120/2021 11 00.10 f to Department Management& Budget Type: InterDepartment Fiscal Year: 2021 Director Michael Clark Assistant CM Yes Approval? Division none City Mgr Yes Manager Approval? Other David Hoback Finance Dir. No Reviewers Clarence Grier Approval? of Assistant CM Brent Robertson Re son For FY21 Yr-End Transfer Department with Parks ands Recreation as the source. Increase the following accounts: Account Name Account Number Amount 1 EMPLOYEE PROGRAMS FP2-0320-01-520-3212-2043 $7,000.00 2 PROGRAM ACTIVITIES FP2-0320-01-520-3212-2066 $6,215.00 3 EMPLOYEE TUITION FP2-0320-01-520-3212-2105 $25,500.00 4 WATER AND SEWAGE FS2-0320-01-520-3213-2026 $15,624.00 5 ADMINISTRATIVE SUPPLIES FS2-0320-01-520-3213-2030 $14,433.00 6 MAINTENANCE-BUILDINGS FS2-0320-01-520-3213-2050 $13,517.00 7 EMS MEDICAL SUPPLIES FS2-0320-01-520-3213-2289 $94,731.00 8 PROJECT SUPPLIES FS2-0320-01-520-3213-3005 $1,115.00 TOTAL $178,135.00 Decrease the following accounts: Account Name Account Number Amount 1 TEMPORARY EMPLOYEE WAGES LM1-0610-01-620-7120-1004 $34,948.00 2 FEES FOR PROFESSIONAL LM2-0610-01-620-7120-2010 $31,470.00 SERVICES 3 TEMPORARY EMPLOYEE WAGES PM1-0610-01-620-7121-1004 $62,231.00 4 FEES FOR PROFESSIONAL UF2-0610-01-620-7123-2010 391 SERVICES 5 TRAINING AND DEVELOPMENT UF2-0610-01-620-7123-2044 $1,61300 6 TEMPORARY EMPLOYEE WAGES YT1-0610-01-620-7127-1004 $43,306.00 7 OVERTIME WAGES GT1-0610-01-620-7128-1003 $60.00 8 TEMPORARY EMPLOYEE WAGES GTI-0610-01-620-7128-1004 $4,116.00 TOTAL $178,135-00 View workflow details View workflow detail Funds Transfer(CMT21-00173)Management&BudgetPage owpn t vit Transfer ew complete workflow history. Requested by Paul Workman on 1012012021 11:24.13 PM Department Management& Budget Type: InterDepartment Fiscal Year: 2021 Director Marc Nelson Assistant CM Yes Approval? Division none City Mgr No Manager Approval? Other Mark Jamison Finance Dir. No Reviewers Approval? Assistant CM Brent Robertson Reason For FY21 Yr-End funding of Snow Transfer Removal with City Manager's Office, Economic Development, Roanoke Arts Commission,City Manager's Contingency,Mini Grants/Donations Contingency and Miscellaneous as the source. Increase the following accounts: Account Name Account Number Amount 1 CHEMICALS SU2-0410-01-530-4140-2045 $252,703.00 TOTAL $252,703.00 Decrease the following accounts: Account Name Account Number Amount 1 TRAINING AND DEVELOPMENT CM2-0126-01-300-1211-2044 $13,773.00 2 MARKETING EN2-0710-01-300-1213-3066 $11,154.00 3 MISCELLANEOUS CT2-0800-01-300-9410-2170 $88,717.00 4 CONTINGENCY CT2-0800-01-300-9410-2199 56,978 5 MINI GRNT/DONATION CT2-0800-01-300-9410-2299 $7,952.00 CONTINGENCY 6 THE MAKING FOUNDATION CZ7-0620-01-310-5221-5659 $4,000.00 7 SAFE NEIGHBORHOODS ART CZ7-0620-01-310-5221-5669 $3,000.00 PROJECT 8 TRAINING AND DEVELOPMENT ED2-0710-01-310-8120-2044 $4,033.00 9 IMD INC PERFORMANCE ED2-0710-01-310-8120-3968 $26,337.00 AGREEMENT 10 WESTERN VA RIFA CAPITAL REIMB ED2-0710-01-310-8120-4581 $36,759.00 TOTAL $252,703.00 View workflow details View workflow d to ails Funds Transfer(CMT21-00183)Management&Budget-InterDepartment Transfer Page down to view complete workflow history. Requested by Paul Workman on 1110212021 04:55:03 PM Department Management&Budget Type: InterDepartment Fiscal Year: 2021 Director Amelia Merchant Assistant CM Yes Approval? Division none City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM none Reason For Move FY21 YE surplus funds to Transfer designated programs and uses. Increase the following accounts: Account Name Account Number Amount 1 VEHICULAR PURCHASES VEH-0000-08-440-9498-9003 $550,000.00 2 TECHNOLOGY CONTINGENCY CTY-0123-08-430-9866-9003 $500,000.00 3 TRANSFER TO RISK MANAGEMENT TF4-0800-01-250-9310-9537 $875,000.00 RESERVE 4 CAPITAL PROJECT INGENCY RSV-0800-08-530-9575-TOTAL $6,885,000 .00 Decrease the following accounts: Account Name Account Number Amount 1 CONTINGENCY CT2-0800-01-300-9410-2199 $6,885,000.00 TOTAL $6,885,000.00 View workflow details 1992 202 yiew workflow details Funds Transfer(CMT21-00184)Management&Budget-InterDepartment Transfer Page down to view complete workflow history. Requested by Paul VNorkman on 11/03.'2021 11:44:05 AM. Department Management& Budget Type: InterDepartment Fiscal Year: 2021 Director Amelia Merchant Assistant CM Yes Approval? Division none City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM none Reason For Clean up residual FY21 YE Transfer funding in various transfer accounts. Increase the following accounts: Account Number Amount Account Name 1 CONTINGENCY CT2-0800-01-300-9410-2199 $2,163,693.00 2 TRANSFER TO CIVIC FACILITIES TF4-0800-01=250-9310-9505 $501,347.00 3 TRANSFER TO CAPITAL PROJECT TF4-0800-01-250-9310-9508 $93,759.00 ACCOUNT 4 TRANSFER TO RCPS TF4-0800-01-25Q-9310-9530 $4,058,432.00 TOTAL $6,817,231.00 Decrease the following accounts: Account Name Account Number Amount 1 COVID-19 CONTINGENCY BS2-0126-01-250-1212-2502 $1,774,653.00 2 MISCELLANEOUS TF4-0800-01-250-9310-2170 $405,620.00 3 TRANSFER TO DEBT SERVICE TF4-0800-01-250-9310-9512 $2,490,536.00 4 TRANSFER TO GRTC TF4-0800-01-250-9310-9527 1,773,432 5 TRANSFER TO GRANT FUND TF4-0800-01-250-9310-9535 $30,264.00 6 TRANSFER TO CIVIC FACILITIES- TF4-0800-01-250-9310-9605 $342,726.00 ADMISSION TAX TOTAL $6,817,231.00 View workflow details View workflow details Funds Transfer(CMT21-00185)Management&Budget-InterDepartment Transfer Page down to view complete workflow history. Requested by Paul Workman on 11/03/2021 12;36:56 NA Department Management&Budget Type: lnterDepartment Fiscal Year: 2021 Director Amelia Merchant Assistant CM Yes Approval? Division none City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM none Reason For FY21 Yr-End cleanup of various Transfer deparments with Contingency as the source. Increase the following accounts: Account Name Account Number Amount 1 FEES FOR PROFESSIONAL SP2-0410-01-530-4120-2010 $28,343.00 SERVICES 2 REGULATED WASTE ER4-0126-01-530-1214-2279 $4,702.00 3 SUBLET VENDOR FM6-0125-01-440-2641-3009 $24,901.00 4 VISIT VIRGINIA'S BLUE RIDGE CN6-0710-01-300-7220-3702 $221,442.00 5 ADVERTISING CC2-0110-01-220-1120-2015 $91.00 TOTAL $279,479.00 Decrease the following accounts: Account Name Account Number Amount 1 CONTINGENCY CT2-0800-01-300-9410-2199 $279,479.00 TOTAL $279,479.00 View workflow details 7 9;'- i2; T+3;r n•4 Sf ,.i= A View workflow details Funds Transfer(CMT21-00189)Management&Budget-InterDepartment Transfer Page down to view complete workflow history. Requested by Paul Workman on 11/1212021 05,,.'`:29 PM Department Management&Budget Type: InterDepartment Fiscal Year: 2021 Director Amelia Merchant Assistant CM Yes Approval? Division none City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM none Reason For FY21 Yr-End cleanup of Transfer Transfer Account with Contingency as the source. Increase the following accounts: Account Name Account Number Amount 1 TRANSFER TO DEBT TF4-0800-01-250-9310-9512 $333,783.00 SERVICE FUND TOTAL $333,783.00 Decrease the following accounts: Account Name Account Number Amount 1 CONTINGENCY CT2-0800-01-300-9410-2199 $333,783.00 TOTAL $333,783.00 View workflow details `E.a `_t t.t,_ i f`"{il ;P's'.V.:tl View workflow details Funds Transfer(CMT21-00102)Management&Budget-interDepPage n�►to vntTmpmplete workflow history. Requested by Paul Workman on 07123/2021 02.55:49 PM Department Management&Budget Type: InterDepartment Fiscal Year: 2022 Director Amelia Merchant Assistant CM Yes Approval? Division none City Mgr No Manager Approval? Other Sam Roman Finance Dir. No Reviewers Approval? Assistant CM Brent Robertson Reason For Correction to the CIP Transfer 8042091-062121 which allocated funds inaccurately for two of the accounts. Increase the following accounts: Amount Account Name Account Number 1 APPROPRIATION FROM ONE-TIME CT2-0800-01-300-9410-9027 $865,075.00 FUNDS 2 TRAINING AND DEVELOPMENT PA2-0311-01-640-3111-OTAL $945,075.00 Decrease the following accounts: Account Number Amount Account Name 1 MISCELLANEOUS CT2-0800-01-300-9410-2170 $865,075.00 2 APPROPRIATION FROM ONE-TIME CT2-0800-01-300-9410-9027 $80,000.00 FUNDS TOTAL $945,075.00 View workflow details i7p 1992- 2021 Teamwork Solutions, inc All Rights Reservecl Worldwide View workflow details Funds Transfer(CMU'l-00103)Management 8 Budget-IntedrDepartmv t Transfer to workflow history. page own to Requested by Paul 114cckman, on W123,12021 03 14 36 PfA Department Management S Budget Type: InterDepartment Fiscal Year: 2022 Director Amelia Merchant Assistant CM Yes Approval? Division none City Mgr No Manager Approval? Other Jeffrey Powell Finance Dir. No Reviewers Approval? Assistant CM Clarence Grier Reason For Transfer to the proper account Transfer Fleet Vehicle capital funds associated with debt service that is related to prior vehicle purchases funded with bonds. Increase the following accounts: Amount Account Name Account Number 1 TRANSFER TO DEBT SERVICE FUND TF4-0800-01-2509310-512 $830,788.00 TOTAL $830,788.00 Decrease the following accounts: Amount Account Name Account Number 1 TRANSFER TO DEBT SERVICE FUND FM5-0125-01-440-2642-9512TOT $830,788.00 View workflow details i%.. 'O?2 ; View workflow details Funds Transfer(CMT21-00111)Management&Budget-Inf rDepn� nvewnransfer Page dto to workflow history. Requested by Paul Workman on 08/061202104,01-04 PM Department Management&Budget Type: InterDepartment Fiscal Year: 2022 Director Mark Jamison Assistant CM Yes Approval? Division Dwayne D'Ardenne Approval?Mag?No Manager Other Finance Dir. No Reviewers Approval? Assistant CM Clarence Grier Reason For One Time funds approved for Transfer outdoor power equipment(cab tractor and cradle boom mower) for Transportation division. Increase the following accounts: Account Number Amount Account Name 9003 $125,000-00 1 APPROP FROM GENERAL REVENUE LME-0024-08-530-9261-TOTAL $125,000.00 Decrease the following accounts: Account Number Amount Account Name 027 $125,000-00 1 APPROP FROM FY ONE-TIME FUNDS CT2-0800-01-300-9410-TOTAL $125,000.00 View workflow details !Tess vaci Worlclrviuil 1992- 2021 Teamwork Solviions. We AN Riyllfs view workflow details Funds Transfer(CMT21-00113)Management&Budget-Ina Dep rtto a view sfer Pagcomplete plate workflow history. Requested by Yen Ha on 08/17/2021 0250:25 PM Department Management&Budget Type: IntraDepartment Fiscal Year. 2022 Director Mark Jamison Assistant CM Yes Approval? Division Luke Pugh City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM Clarence Grier Reason For To provide funding for the Transfer Juvenile&Domestic Court Renovations Increase the foilowing amts: Amount Account Name Account Number JUVENILE&DOMESTIC COURT RJD-0020-08-530-9009-9003 $760,000.00 RENOVATIONS TOTAL $760,000.00 Decrease the following accounts: Amount Account Name Account Number 1 CAPITAL PROJECT CONTINGENCY RSV-0028-08-530-9575-9220TOTAL $760,000.00 view workfiow details ii 1992- 2021 Teannvoik Solutions hic All Rights Reserved Worldwide View workflow details Funds Transfer{CMT21-00114}Engineering-IntraDepartment Transfer Page down to view complete workflow history. Requested by David Hudson on 08/19/202103-36:21 PM Department Engineering Type: IntraDepartment Fiscal Year: 2022 Director Mark Jamison Assistant CM Yes Approval? Division Luke Pugh City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM Clarence Grier Reason For Close out accounts and move Transfer funds to active Belmont Library Project Increase the following accounts: Account Name Account Number Amount 1 JACKSON PARK LIBRARY SLP-0017-08-530-9258-9003 $39,304.00 RENOVATIONS 2 JACKSON PARK LIBRARY JLP-0017-08-530-9258-9392 $131,167.00 RENOVATIONS TOTAL $170,471.00 Decrease the following accounts: Account Name Account Number Amount 1 GAINSBORO LIBRARY GLR-0017-08-530-9237-9003 $29,446.00 RENOVATIONS 2 GAINSBORO LIBRARY GLR-0017-08-530-9237-9392 $131,167.00 RENOVATIONS 3 9,85 .00 3 SOUTH ROANOKE E LIBRARY REB-0017-08-530-9238-TOTAL $170,471.00 View workflow details t;1992- 2021 Teamwork SOIotio s Inc.All Rigl7ts Reserved Worldwide View workflow details Funds Transfer(CMT21-00122)Department Of Technology-IntraDepartment Transfer Page down to view complete workflow history. Requested by Seccy Rous on 0812512021 02 34 07 PM Department Department Of Type: IntraDepartment Technology Fiscal Year: 2022 Director Vanessa Bohr Assistant CM Yes Approval? Division Jason Cash Approval? o ag? No Manager Other Finance Dir. No Reviewers Approval? Assistant CM Clarence Grier Reason For Moving FY22 approved Transfer technology capital funding in to appropriate DoT managed project accounts. 1 of 2 CMTs. Increase the following accounts: Account Name Account Number Amount 1 MICROSOFT LICENSING FY22 MLG-0123-08-430-9042-9003 $203,500.00 2 PC REPLACEMENT PRP-0123-08-430-9845-9003 $180,500.00 3 MOBILE PC REPLACEMENT MPR-0123-08-430-9546-9003 $77,500.00 4 FIREWALL REPLACEMENT FWR-0123-08-430-9279-9003 $89,000.00 5 NETWORK SWITCH REPLACEMENT NSR-0123-08-430-9211-9003 $214,000.00 WIRELESS ACCESS POINT 6 REPLACEMENT WPR-0123-08-430-9043-9003 $45,500.00 7 UPS REPLACEMENT UPR-0123-08-430-9283-9003 $10,500.00 8 TIME AND ATTENDANCE FY20 TAT-0123-08-430-9290-9003 $330,000.00 BUSINESS EXPENSE WORKFLOW 9 REPL FY22 BEW-0123-08-430-9044-9003 $50,000.00 INTRUSION DETECTION SYSTEM 10 FY22 IDS-0123-08-430-9046-9003 $39,000.00 TOTAL $1,239,500.00 Decrease the following accounts: Account Number Amount Account Name IS5- 1 DOT-CAPITAL OUTLAY 0123-01-430-1602-3028 $1,239,500.00 TOTAL $1,239,500.00 View workflow �el ww cfo � Funds Transfer(CMT21-00123)Department Of Technology-intraDepartment Transfer Page Clown to view complete workflow history. Requested by Sec:cy Rojas on 0812512021 03 45 47 PM Type: IntraDepartment Department Department Of Technology Fiscal Year: 2022 Assistant CM Yes Director Vanessa Bohr AsApproval? Division Jason Cash City Mgr NoApproval? Manager Other Finance Dir. No Approval? Reviewers Reason For Moving FY22 approved Assistant CM Clarence Grier Transfer technology capital funding in to appropriate DoT managed project accounts.2 of 2 CMTs Increase the following accounts: Account Number Amount Account Name POLICE J SHERIFF CAR CAMERAS PSF-0123-08-430-9047-9003 $116,000.00 1 FY22 2 POLICE BUILDING CAMERAS FY22 pBU-0123-08-430-9048-9003 $89,000.00 3 SHERIFF JAIL WIFI FY22 SJW-0123-08-430-9049-9003 $30,000.00 E911 VIPER PHONES FY22 EVp-0123-08-430-9050-9003 $150,000.00 4 TOTAL $385,000.00 Decrease the following mounts: Account Number Amount Account Name $385,000.00 1S5-0123-01-430-1602-3028 1 DOT-CAPITAL OUTLAY TOTAL $385,000.00 View workflow detaiis r yi�low details Funds Transfer(CMT21-00124)Neighborhood Services/Hud e down to view entTranseworkffow history. Requested by Keith Holland on 0812712021 09.38,32 ANI Department Neighborhood Type: IntraDepartment ServicesfHud Fiscal Year: 2022 Director Jillian Papa Moore Assistant CM Yes Approval? Division Keith Holland City Mgr No Manager Approval? Other Lara Burieson Finance Dir. No Reviewers Approval? Assistant CM Brent Robertson Reason For Reallocation from cancelled Transfer Carillon project to Bradley Free Clinic Increase the following accounts: Account Number Amount Account Name 110,000.00 5683 1 BRADLEY FREE CLINIC 20R $110,000.00 $110,000.00 Decrease the following accounts: Account Number Amount Account Name 1 PROFESSIONAL HEALTH SERVICES 20G-0531-35-G20-2045-0311 $102,159.00 2 CARILION CLINIC 20R-0531-35-G20-2053-5684 $7,841.00 TOTAL $110,000.00 yiew workflow details Teo- View workflow details Funds Transfer(CMT21-00132)Stormwater Utility-In rransfer din g view complete workflow history. Requested by Beth Watts on 09/10/2021 10 27.14 AM Department Stormwater Utility Type: IntraDepartment Fiscal Year: 2022 Director Mark Jamison Assistant CM Yes Approval? Division Ian Shaw City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM Clarence Grier Reason For To disburse 2022 Bond funds Transfer from Stormwater improvements Unit to Individual Project Units Increase the following accounts: Account Number Amount Account Name 1 NARROWS DRAINAGE NAS-0000-03-530-3037-9601 $200,000.00 IMPROVEMENTS 2 VICTORIA CALDWELL DRAINAGE VIS-0000-03-530-3047-9601 $250,000.00 IMPROVEMENTS 3 HARVEST LANE DRAINAGE HLI-0000-03-530-3082-9601 $50,000.00 IMPROVEMENTS 4 ICIP IN-HOUSE DRAINAGE ICI-0000-03-530-3978-9601 $200,000.00 IMPROVEMENTS 5 WINDSOR ROAD DRAINAGE WIS-0000-03-530-3049-9601 $180,000.00 IMPROVEMENTS 6 PATTERSON AVENUE DRAINAGE PTS-0000-03-530-3038-9601 $100,000.00 IMPROVEMENTS 7 24TH STREET DRAINAGE TWS-0000-03-530-3020-9601 $55,500.00 IMPROVEMENTS 8 SALEM AND 3RD DRAINAGE SDI-0000-03-530-3054-9601 $200,000.00 IMPROVEMENTS 9 PETERS CREEK CONSTRUCTED pCyy-0000-03-530-3977-9601 $200,000.00 WETLANDS 10 DOWNTOWN IST STREET- I DFS-0000-03-530-3088-9601 $100,000.00 DRAINAGE IMPROVEMENTS TOTAL $1,535,500.00 Decrease the following accounts: Amount Account Name Account Number 1 STORMWATER IMPROVEMENTS SWI-0000-03-530-3014-TOTAL $1,535,500-00 View workflow detail f 992- �;fe'02 View workflow deter Funds Transfer(CMT21-00134)stonnwater Utility-intraDepartment Transfer Page down to view complete workflow history. Requested by Beth Watts on 09f10f2021 11 02 38 ANI Department Stormwater Utility Type: IntraDepartment Fiscal Year: 2022 Director Mark Jamison Assistant CCM Yes Division Ian Shaw City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM Clarence Grier Reason For To disburse 2022 Bond funds Transfer from Stormwater Improvements Unit to Individual Project Unit Increase the following accounts: Amount Account Name Account Number 1 ACQUISITION OF RAMADA ARP-0000-03-530-3093-9601 $1,200,000.00 PROPERTY AT FRANKLIN ROAD TOTAL $1,200,000.00 Decrease the following accounts: Account Name Account Number Amount 601 $1,200,000-00 1 STORMWATER IMPROVEMENTS SWI-0000-03-530-3014-TOTAL $1,200,000-00 View workflow details View workfiow details Funds Transfer(CMT21-00143)Engineering-InterDepartment Transfer Page down to view complete workflow history. Requested by David Hudson on 10/07/2021 04:38:22 PM Department Engineering Type: InterDepartment Fiscal Year. 2022 Director Mark Jamison Assistant CM Yes Approval? Division Luke Pugh City Mgr No Manager Approval? Other Michael Clark Finance Dir. No Reviewers Approval? Assistant CM Clarence Grier Reason For Fund a portion of the pedestrian Transfer bridge associated with the Roanoke River Greenway- Bridge the Gap project.Also, moving previously drawn 2017 Bond funds associated with Franklin Rd Bridge to Garden City Greenway and then moving General Fund sourced budget from Garden City to RR Greenway. Increase the following accounts: Account Name Account Number Amount ROANOKE RIVER GREENWAY-NS 1 MATERIAL YARD TO BRIDGE RGR-0022-08-620-9254-9003 $107,150.00 STREET-GF REV 2 GARDEN CITY GREENWAY-2017 GCY-0022-08-530-9627-9385 $107,150.00 BONDS TOTAL $214,300.00 Decrease the following accounts: Account Name Account Number Amount 1 GARDEN CITY GREENWAY-GENERAL GCY-0022-08-530-9627-9003 $107,150.00 FUND REVENUE 2 FRANKLIN RD OVER NSRW-BRIDGE FBR-0024-08-530-9965-9385 $107,150.00 9385-2017 BONDS TOTAL $214,300.00 View workflow details View workflow details Funds Transfer(CMT21-00148)Management&Budget-InterDepartment Transfer Page down to view complete workflow history. Requested )y Paul WorkmF�n on 101 i 5i"2021 02 17 38 PM Department Management&Budget Type: InterDepartment Fiscal Year: 2022 Director Jeffrey Powell Assistant CM Yes Approval? Division Angela O'Brien City Mgr No Manager Approval? Other Sheila Umberger Finance Dir. No Reviewers Robyn Schon Approval? Michael Clark Angelia Vernon Sam Roman Assistant CM Clarence Grier Reason For Whole of Government initiative. Transfer Increase the following accounts: Account Name Account Number Amount 1 PARKS AND RECREATION CN2-0610-01-620-7122-4671 $52,000.00 2 LIBRARIES L12-0630-01-650-7310-4671 $62,000.00 3 POLICE-RESET PU2-0311-01-640-3117-4671 $110,700.00 4 CITY MANAGER CM2-0126-01-300-1211-0671 $3,000.00 5 HUMAN RESOURCES HM2-1261-01-340-1261-4671 $2,300.00 6 CIVIC FACILITIES CG2-0000-05-550-2105-4671 $20,000.00 TOTAL $250,000.00 Decrease the following accounts: Account Name Account Number Amount 1 CONTINGENCY CT2-0800-01-300-9410-2199 $250,000.00 TOTAL $250,000.00 View workflow details `c)1992- 2021 Teornwork Solutions Inc.All Rights Reserved Wortdwi da View workflow details Funds Transfer(CMT21-00149)Parks&Recreation-IntraDepartment Transfer Page down to view complete workflow history. Requested by Nicole Ashby on 1011812021 09:03.42 AM Department Parks&Recreation Type: IntraDepartment Fiscal Year: 2022 Director Michael Clark Assistant CM Yes Approval? Division Nicole Ashby Appova? No Manager Other Finance Dir. No Reviewers Approval? Assistant CM Brent Robertson Reason For Transfer funding to establish Transfer account for FY22 Park improvement projects. Increase the following accounts: Account Name Account Number Amount 1 APPROPRIATED FROM 2022 BOND PAI-0610-08-620-9054-9601 $850,000.00 FUNDS TOTAL $850,000.00 Decrease the following accounts: Account Name Account Number Amount 1 APPROPRIATED FROM 2022 BOND PRT-0610-08-620-9770-9601 $850,000.00 FUNDS TOTAL $850,000.00 View workflow details View workflow details Funds Transfer(CMT21-00150)Management S Budget-InterDepartment Transfer Page down to view complete workflow history. Requested by Paul Workman on 10120/2021 08:10 43 AM Department Management&Budget Type: InterDepartment Fiscal Year. 2022 Director Jillian Papa Moore Assistant CM Yes Approval? Division Dan Webb City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM Brent Robertson Reason For Additional funding for five Transfer demolitions. Increase the following accounts: Account Name Account Number Amount 1 DEMOLITIONS HN3-0710-01-610-8113-7500 $100,000.00 TOTAL $100,000.00 Decrease the following accounts: Account Name Account Number Amount 1 CONTINGENCY CT2-0800-01-300-9410-2199 $100,000.00 TOTAL $100,000.00 View workflow detaits View workflow deta0s Funds Transfer(CMT21-00175)Management&Budget-InterDepartment Transfer Page down to view complete workflow history. Reques?ect by Paul'Workman on 10/2612021 01.51:06 PNI Department Management& Budget Type: InterDepartment Fiscal Year: 2022 Director Sam Roman Assistant CM Yes Approval? Division Jamey Bowdel City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM Clarence Grier Reason For Additional 599 funds were Transfer distributed in FY21 for the purpose of enhancing recruiting efforts by Police Departments. This transfer makes those funds available for the department to spend. Increase the following accounts: Account Name Account Number Amount 1 RECRUITMENT- RETENTION PA2-0311-01-640-3111-2000 $153,308.00 TOTAL $153,308.00 Decrease the following accounts: Account Name Account Number Amount 1 CONTINGENCY CT2-0800-01-300-9410-2199 $153,308.00 TOTAL $153,308.00 View workflow details '992 202'1 3 714VO4-: ti ..'NL fr ,;t 4:.t-)Ws t�eve r.N;i Vv ,+;.,•::irs view workflow details Funds Transfer(CMT21-00180)P&R Administration-IntraDepartment Transfer Page clown to view complete workflow history. Requested by Loren Fennell on 10/28/2021 03 1 :04 PM Department P&R Administration Type: InterDepartment Fiscal Year: 2022 Director Michael Clark Assistant CM Yes Approval? Division Nicole Ashby City Mgr No Manager Approval? Other Samantha Dickenson Finance Dir. No Reviewers Approval? Assistant CM Brent Robertson Reason For Reimbursement of one-time Transfer expenses for Athletic Department toward Vehicular Equipment and Supplies- Athletics Field Maintenance. increase the following accounts: Account Name Account Number Amount 1 VEHICULAR EQUIPMENT AH2-0610-01-620-7126-9010 $33,933.00 2 SUPPLIES-ATHLETICS FIELD AH2-0610-01-620-7126-3035 $89,566.00 MAINTENANCE TOTAL $123,499.00 Decrease the following accounts: Account Name Account Number Amount 1 CONTIGENCY-GENERAL FUND CT2-0800-01-300-9410-9027 $123,499.00 TOTAL $123,499.00 View workflow details 1992. 2012! Teamiao"k soluter's <o- rift R lh4s Peserveci A,)Jr,+�tr�ie view workflow details Funds Transfer(CMT21-00188)Management&Budget-InterDepartment Transfer Page down to view complete workflow history. Requested by Yen tea on 11!121,:02 t 02.53.48 flvl Department Management&Budget Type: InterDepartment Fiscal Year: 2022 Director Mark Jamison Assistant CM Yes Approval? Division Luke Pugh City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM Clarence Grier ReasonTransfer funds ( with General and Revenue appropriated funds between Tinker Creek Greenway Trail project and Capital Street Paving project for Arbitrage Rebate protection purpose. Increase the following accounts: Account Name Account Number Amount 1 CAPITAL STREET PAVING FY20-2018 CPG-0024-08-530-9262-9390 $303,361.00 BONDFUNDS 2 TINKER CREEK GW-GENERAL TGT-0022-08-620-9492-9003 $303,361.00 REVENUE TOTAL $606,722.00 Decrease the following accounts: Account Name Account Number Amount 1 TINKER CREEK GW-2018 BOND TGT-0022-08-620-9492-9390 $303,361.00 FUND 2 CAPITAL STREET PAVING FY20-GEN CPG-0024-08-530-9262-9003 $303,361.00 REV TOTAL $606,722.00 View workflow details 19922 22 Tea ro.,rrx Satrt; yrs 1w, Al', Vow workflow details Funds Transfer(CMT21-00190)Transportation-InterDepartment Transfer Page down to view complete workflow history. Requested by Kristin Hall on 11/15/2021 03:40 36 PM Department Transportation Type: IntraDepartment Fiscal Year: 2422 Director Mark Jamison Assistant CM Yes Approval? Division Dwayne D'Ardenne City Mgr No Manager Approval? Other Luke Pugh Finance Dir. No Reviewers Approval? Assistant CM Clarence Grier Rear Curb, Transfer All and os Sidewalk nd woork was appropriated to Engineering's Capital Account.This CMT moves the portion of FY22 C,G,S bond funding allocated for C,G,S maintenance/repair into the existing capital account for such work that is managed by Transportation. Increase the following accounts: Account Name Account Number Amount 1 SIDEWALK MAINTENANCE SBM-0024-08-530-9799-T061 $635.000.00 OTAL $635,000-00 Decrease the following accounts: Account Name Account Number Amount 1 CURB GUTTER SIDEWALK CRS-0024-08-530-9038-9601 $635,000.00 TOTAL $635,000.00 View workflow details _>�( .. } j r� .nrf<uf Ft';tS ,r. At.` flt!ti fi€?iF,r'eti vitt a r..:�, }hew workflow details Funds Transfer(CMT21-00191)Management&Budget-InterDepartment Transfer Page down to view complete workflow history. Requested by Paul Workman on 11/16/2021 04:09:50 PM Department Management&Budget Type: InterDepartment Fiscal Year: 2022 Director Michael Clark Assistant CM Yes Approval? Division Cindy McFall City Mgr No Manager Approval? Other Nicole Ashby Finance Dir. No Reviewers Approval? Assistant CM Brent Robertson Reason For Provide for Parks Deferred Transfer Maintenance funding as is expected to be set aside as part of FY21 YE funds(assigned In Fund Balance).This transfer advances those funds in anticipation of that future appropriation which will later reimburse Capital Project Contingency. Increase the following accounts: Account Name Account Number Amount 1 PARKS DEFERRED MAINTENANCE PDM-0610-08-620-9053-9003 $1,460,000.00 TOTAL $1,460,000.00 Decrease the following accounts: Account Name Account Number Amount 1 CAPITAL PROJECT CONTINGENCY RSV-0028-08-530-9575-9220 $1,460,000.00 TOTAL $1,460,000.00 View workflow details cin►z� . Db(Q3 B-i ___400-Aq V Qr�w it F� ZZ Funds Transfer(CMT21.00193)Park Roanoke-lntraDepartmentTransfer �l(Q Pack clown to view complete workflow history. Rn,ac•atrn r v J, �ct Department Park Roanoke Type: lntraDepartment Fiscal Year: 2022 Director Brian Mann Assistant CM Yes PROCESSED ROCESSED Division Brian Mann City Mgr No DEC - 7 2021 Manager Approval? CITY OF ROANOKC- DI_PAI TMENT OF FINAN(rt Other Finance Dir. No Reviewers Approval? Assistant CM Brent Robertson Reason For Transfer remaining funds from Transfer cancelled project to new project. Increase the following accounts_ Account Name Account Number Amount 1 TOWER GARAGE REVITALIZATION TGR-0000-07-540.8084-9003 $462,000.00 TOTAL $462,000,00 Decrease the following accounts: Account Name Account Number Amount 1 CHURCH WILLIAMSON GARAGE CHG-0000-07-540-3073-9003 $462,000.00 TOTAL $462,000.00 Wh two l e1o�T wir,Steo? View wgrri:tlow Ole iI FQJ; "r,.. a „w: r. ! :-Gr it W!P)!)' W,,h! View workflow details Funds TranSfer(CMT2100197)Management&Budget-InterDepartment Transfer Page down to view complete workflow history. Requested by Paul Workman on 12110,'12021 04,13.02 PNI Department Management& Budget Type: InterDepartment Fiscal Year: 2022 Director David Hoback Assistant CM Yes Approval? Division none City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM Clarence Grier Reason For Provide for Paramedic Transfer Programs that have been approved with one-time funds. Increase the following accounts: Account Name Account Number Amount 1 APPROP FROM GENERAL REVENUE PRZ-0019-08-520-9056-9003 $150,000.00 -PARAMEDIC PROGRAM TOTAL $150,000.00 Decrease the following accounts: Account Name Account Number Amount 1 ONE-TIME FUNDS CT2-0800-01-300-9410-9027 $150,000.00 TOTAL $150,000.00 View workflow details i992- 2 re-.m...3? s View workflow details Funds Transfer(CMT21-00210)Park Roanoke-IntraDepartment Transfer Page down to view complete workflow history. Requested by.Jaime Brooks on 12/22/2021 10 00:04 APA Department Park Roanoke Type: IntraDepartment Fiscal Year: 2022 Director Brian Mann Assistant CM Yes Approval? Division Brian Mann City Mgr No Manager Approval? Other Finance Dir. No Reviewers Approval? Assistant CM Brent Robertson Reason For Move unused funds to new Transfer project account Increase the following accounts: Account Name Account Number Amount 1 CENTER IN THE SQUARE GARAGE CIS-0000-07-540-8085-9085 $105,415.00 TOTAL $105,415.00 Decrease the following accounts: Account Name Account Number Amount 1 CHURCH WILLIAMSON GARAGE CHG-0000-07-540-3073-9003 $105,415.00 TOTAL $105,415.00 View workflow details 1992- 2421 To wit-ofk Srh,fioris. fr, AV v± CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk January 19, 2022 Michael Clark, Director Parks and Recreation Roanoke, Virginia Dear Mr. Clark: This is to advise you that Brandon McCall and Deidre Trigg have qualified as members of the Youth Athletics Review Board for a one-year term of office commencing January 1, 2022 and ending December 31, 2022; and a three-year term of office, commencing January 1, 2022 and ending December 31, 2025, respectively. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Deidre Trigg, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Youth Athletics Review Board for a one-year term of office, commencing January 1, 2022 and ending December 31, 2025, according to the best of my ability. (So help me God.) DEIDRE TRIGG The foregoing oath of office was taken, sworn to, and subscribed before me by Deidre Trigg thisc_-A day of 2021. Brenda S. Hamilton, Clerk of the Circuit Court By , Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Brandon McCall, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Youth Athletics Review Board for a one-year term of office, commencing January 1, 2022 and ending December 31, 2023, according to the best of my ability. (So help me God.) ABDON MCCAL' L The foregoing oath of office was taken, sworn to, and subscribed before me by Brandon McCall this 3 day of2027, Brenda S. Hamilton, Clerk of the Circuit Court By , Clerk � .;. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,MMC Deputy City Clerk City Clerk January 19, 2022 Antwyne Calloway, Secretary Fair Housing Board Roanoke, Virginia Dear Mr. Calloway: This is to advise you that Garrett Brumfield has qualified as a member of the Fair Housing Board to fill the unexpired term of office of Stephen Grammer ending March 31, 2022. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Garrett Brumfield, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Fair Housing Board to fill the unexpired term of office of Stephen Grammer ending March 31, 2022, according to the best of my ability. So help me God. GARRETT B UMFIELD The foregoing oath of office was taken, sworn to, and subscribed before me by Garrett Brumfield this day of -il:4 n4 2021. Brenda S. Hamilton, Clerk of the Circuit Court By r L..(! -� � t� , Clerk d �� CITY OF ROANOKE CITY COUNCIL 215 Church Avenue,S.W. Noel C.Taylor Municipal Building,Suite 456 �?R Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 Council Members SHERMAN P.LEA,SR. Email: ov clerk roanokeva. Mayor clerk@roanokeva.gov William D.Bestpitch Joseph L.Cobb Robert L.Jeffrey,Jr. Stephanie Moon Reynolds Vivian Sanchez-Jones January 18, 2022 Patricia White-Boyd The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: We jointly sponsor a presentation by Caption Call to share information with regard to its program and initiatives, at the regular meeting of City Council to be held on Tuesday, January 18, 2022, at 2:00 p.m. Sincerely, h rman P. Lea, Sr. Mayor Patricia White-Boyd Vice-Mayor SPL/PWB:ctw COMMUNITY HEARING LOSS AWARENESS AND ADVOCACY Lisa Mottesheard CaptionCall Community Outreach Rep - Virginia Volunteer Advocate for the Hearing Loss Association of America (HLAA). Mobile: 804-349-7567 Email: LmottesheardCaD-CaptionCall.com CaptionCall: Onsite Hearing Support: o Coordinate Educations Days, Community Events/Presentations to raise awareness and perform onsite hearing assessments. o Schedule CaptionCall service training for staff Online Hearing Screener: https://captioncall.com/hearing-screener o Best taken in a quite area o Headphones/Earbuds are necessary to perform screening. Hearing Loss Resources and Advocacy: Utilize shareable content for social outreach and increased awareness. https://captioncall.com/blog (shareable media content) HLAA: the Hearing Loss Association of America (HLAA) is the nation's leading charitable organization representing consumers with hearing loss.https://www.hearingloss.org/ o Veteran's support and monthly virtual meeting: https://www.hearingloss.org/hearing- help/ cn,iiurunities/veterans/ o Get in the Hearing Loop resources: https://www.hearin log ss.org/programs-events/qet- hearin -loo /hearing-loop-toolkit/ r _ Now is there no cost for the Captio Caption Cal/is a federallynCall Serv��e� whose hearing funded ser to effectivelyg IOSs requires ca vice for people real- usethptionin phone. Captig for them easy-tome caeptions of what c onCall users see thereno read screen. Because llers say on a large is cost for the Ca F Of federal f ptiOnCall S unding, Service orphone. CaptionCafl Learn An indeO brand More atC 1-8848-301"1112 -$8 - aptionCall.com CaptionCall is 8 301 I /12 TELISTERED USERS WITailable 'n the United St operatorONESWITHTHECAPARINGLOSSFRp NLy. FEDERAL are the °perator TIONS L M USING I LAW PR to your geneCatescaptio�s o D ON.IP captioned t 1 PROTOo�oL NE BUT n Thesent TS AWO federallyadminister phone.There is The�aptionC edfund No aeost f rhattheotherpartelephoneserviceP)CAPTIONED gerviCe and all phone rem posts are Passed minute of ytothecallsays These use a live upgrades. sins proPert ed along to individaptions generategesaid from a ` j Y of CaptionCall in uals who qualify for the ervic a order to provide on the service. going support, deme. Connect it • Con . f ClaryOst. All at n° c a. • Seth Hi Grandma! HapPY Birthday! floncallav) dO n inebrand (� A u • FAQs CaptionCall A Brief Introduction Cap tlonCall.com Frequently Asked Questions What is CaptionCall? How do I get CaptionCall? CaptionCall is a captioned telephone service that lets To get CaptionCall captioned telephone service for your you talk on the phone while reading captions of what home visit https://CaptionCall.com/phone to complete the other person is saying. and submit a request. How much does CaptionCall cost? When I order CaptionCall what can I expect? There is no cost for the CaptionCall service and phone. Complete the web form to sign up and we'll contact you CaptionCall's no-cost Red Carpet service includes to schedule the installation. delivery, installation,training,and support. How do I get the CaptionCall phone installed? Why is there no cost for CaptionCall? Afriendly local CaptionCall representative,following CaptionCall is part of a federally funded program to safety protocols, personally delivers the CaptionCall benefit people with hearing loss.This fund pays the total phone to your home and installs the phone at no cost of service for qualified users. charge.They train you on the features of the CaptionCall phone and answer any questions you might have during Do you need Medicare or Medicaid to get the appointment. If you prefer to do it yourself,self- CaptionCall? guided installation is available and customer support is No,you do not need Medicare, Medicaid,or any other standing by to assist you. insurance to get CaptionCall. Is CaptionCall easy to use? Is CaptionCall only for seniors? Using CaptionCall is easy—you dial and answer calls just No, its not just for seniors.CaptionCall is available to like you always have. qualified users who have hearing loss and need captions to use the phone effectively. What if I have questions? CaptionCall is here to answer any questions. Please Is there captioned service on the go? contact Customer Support at 877-557-2227 or Yes,the new CaptionCall Mobile gives you freedom to support@CaptionCall.com. enjoy captioned calls anywhere,anytime.Go to the app store and download our no-cost CaptionCall'Mobile App, Your Local CaptionCall Representative: click to create an account,and start calling. Lisa Mottesheard Where can I learn more about CaptionCall? LMottesheard@CaptionCall.com Visit the website www.CaptionCall.com. 804-349-7567 Referral Code: 1635066 Do you have Ordering?What Can I Expect trouble hearing > STEP 1: Select quantity and fill in contact and installation information on the phone? > STEP 2:Answer when contacted by CaptionCall to schedule installation and certification �I > STEP 3:A CaptionCall trainer will deliver and set-up your phone and service through free self-guided or red-carpet in-home installation > STEP 4: Enjoy using CaptionCall Service at no-cost to you CaptionCall is available to people with hearing loss that necessitates the use of captions at no-cost No upfront cost,free installation, no monthly service fees. 140-0920 CaptionCall is available in the United States ONLY.FEDERAL LAW PROHIBITS ANYONE BUT REGISTERED USERS WITH HEARING LOSS FROM USING INTERNET PROTOCOL(IP)CAPTIONED TELEPHONES WITH THE CAPTIONS TURNED ON,IP Captioned Telephone Service may use a five operator.The operator generates captions of what the other party says.These captions are then sent to your phone.There is a cost for each minute of captions generated,paid from a federally administered fund.No costs are passed along to individuals who qualify for the service.The CaptionCall phone remains property of CaptionCall in order to provide ongoing support,service,and upgrades.©2020 CaptionCall,LLC.All rights reserved.Patent information:—Captioncall.com/patents.CaptionCall and the spiral mark are registered trademarks of CaptionCall,LLC. CaptionCall FAQs Una Breve Introduccion CaptionCall.com/telefono Preguntas frecuentes sobre CaptionCall ZQue es CaptionCall? ZDonde puedo obtener aprender mos sobre CaptionCall? CaptionCall es un servicio telefonico con subtitulos clue le Visite el sitio web www.CaptionCall.com/telefono. permite hablar por telefono mientras lee subtitulos de to que la otra persona esta didendo. ZComo obtengo CaptionCall? Para obtener el servido telefonico con subtftulos CaptionCall ZCuanto cuesta CaptionCall? para su casa visite https://CaptionCall.com/telefono para EI servicio CaptionCall y el telefono no tienen costo alguno. completar y enviar Una solicitud. EI servicio alfombra roja gratuito de CaptionCall incluye entrega, instalacion,capacitacion y soporte. Cuando pido CaptionCall,zque puedo esperar? Complete el formulario web para registrarse y nos pondremos zPor que CaptionCall no tiene costo? en contacto con usted para programar la instalacion. CaptionCall es parte de un programa financiado por el gobierno federal para beneficiar a las personas con perdida ZComo puedo instalar el telefono CaptionCall? auditiva. Este fondo paga el costo total del servido a los Un amable representante local de Captioncall,siguiendo usuarios calificados. los protocolos de seguridad, entrega personalmente el telefono CaptionCall a su casa e instala el telefono sin cargo. ZNecesita Medicare o Medicaid para obtener Lo entrenan en las funciones del telefono CaptionCall y CaptionCall? responder a cualquier pregunta que pueda tener durante No, no necesita Medicare, Medicaid o cualquier otro seguro la cita.Si prefiere hacerlo usted mismo, la instalacion auto para obtener CaptionCall. guiada esta disponible y el servido de atencion al cliente esta ZCaptionCall es solo para personas mayores? a su disposition. No, no es solo para las personas mayores. CaptionCall esta ZCaptionCall es facil de usar? disponible para usuarios calificados que tienen perdida Usar CaptionCall es facil: marque y conteste Ilamadas como auditiva y necesitan subtitulos para usar el telefono de siempre to has hecho. manera efectiva. zY si tengo preguntas? ZHay servicio con subtitulos en moviles? CaptionCall esta aqui para responder cualquier pregunta. Sf,el nuevo CaptionCall movil le da libertad para disfrutar de Comunfquese con Soporte al cliente al telefono 877-557- llamadas con subtitulos en cualquier lugar y en cualquier 2227 o support@captioncall.com momento.Vaya a la tienda de aplicaciones y descargue nuestra aplicacion CaptionCall movil sin costo,haga clic para Su representante crear una cuenta y comience a Ilamar. local de CaptionCall: Mene dificultades ZOrdenando?ZQue puedo esperar? escuchando por > PASO 1 -Seleccione la cantidad y complete la information de contacto e instalacion telefono? > PASO 2-Responder cuando CaptionCall se ponga en contacto con usted para programar la instalacion y certificacion > PASO 3-Un entrenador de CaptionCall entregara y configurara su telefono y servicio a travel de una instalacion gratuita auto guiada o instalacion de alfombra roja en casa. > PASO 4-Disfrute de usar el servicio CaptionCall sin costo alguno para usted CaptionCall esta disponible para personas con perdida auditiva que requiere el use de subtitulos sin costo alguno. Sin costo por adelantado, instalacion gratuito,sin cargos de servicio mensuales. 140-0920 CaptionCall SOLO estz disponible an los Estados Unions.LA LEY FEDERAL PROHIBE QUE CUALQUIER PERSONA,EXCEPTO LOS USUARIOS REGISTRADOS CON PERDIDA DE AUDICION,USEN LOS TELEFONOS CON SUBTITULOS CON PROTOCOLS)DE INTERNET(IP)CON LOS SUBTITULOS ACTIVADOS.Es pcsible que el serocio de telefonia con subtitulos utilice un operador viva.EI operador genera Jos subtitulos de to que dice la otra parte.Los subtitulos son enviados a an telefono.Tiene on costo por minuto de los subtitulos generados,que se pagan con un fondo admini trado federalmente.No se cobran los costos a Jos individuos que califican para el servicio.EI telefono CaptionCall signs siendo propiedad de CaptionCall para proporcionar soponA,servicio y actualizaciones. ti ANO lqj °k� ��� Cityof Roanoke FIREmer enc•,►I� Operations Plan EMS � E g Y Update 2021 V/RG114% V7 4b • � w +/ •r 1� tri � � # I ntrod u ct ion Battalion CoordinatorTrevor W. Shannon Emergency Management Thank for the time to discuss the Emergency Operations C`DANO/�F EMS An internationally Accredited ISO Class 1 Department /RGIN�P Commitment • Courtesy • Compassion A enda J Emergency . . . 9 Declarations Plan e The Emergency Operations * Revisions o Council Request — Plan adoption C`GANO/rF EMS An Internationally Accredited ISO Class 1 Department /RGIN�P Commitment • Courtesy • Compassion � • � I I • • Definition;VP4Fhe managerial function charged with creating the framework within which communities reduce vulnerability to hazards and cope with disasters". • Comprehensive, all-hazards emergency management program focused on all phases of a disaster — prevention , protection , mitigation, response and recovery. • The Emergency Operations Plan for the City of Roanoke is an all-hazards plan that details the emergency management program , resources and responsibilities. FIRE .. EM CompassionAn Internationally Accredited ISO Class 1 Department Commitment e Courtesy 9 VPS Declarations Durin • 2020 • COVID-19 Pandemic • Federal Declaration • Local Declaration • Tropical Storm Arthur (May) • Local Declaration . • Civil Unrest — (May) • State Declaration • Local Declaration * After each incident or declaration, a review is conducted to ensure performance matches with the EOP direction.An Internationally . Accredited ISO Class 1 Department VP Emeraen 0 erations Plan 191 ................. • The City of Roanoke prepares and maintains the Emergency Operations Plan (EOP) • Code of the City of Roanoke, Virginia, Section 2-126 • Commonwealth of Virginia Emergency Services and Disaster Laws, Title 44, Chapter 3.2. • The Council of the City of Roanoke adopted the current Plan on November 4, 1996, with the most recent revision on March 7, 2016. ti An Internationally Accredited • Class I - . . • According to FEMA: "local government must act first to attend to the public's emergency needs. Depending on the nature and size of the emergency, State and Federal assistance may be provided to the local jurisdiction. The local EOP focuses on the measures that are essential for protecting the public. These include warning, emergency public information, evacuation, and shelter" • The Code of Virginia requires EOP revision and City Council approval every 4 years. • The revision process was suspended during the pandemic after consultation with the Virginia Department of Emergency Management An Internationally Accredited ISO Class 1 De. . i • Considerations: • The Plan provides an organizational framework and response capability from which the City can respond to any type of disaster or large-scale emergency whether the cause is natural , technological or war related. Associated departments review and revise the applicable sections of the Plan and necessary changes incorporated . • The plan provides that emergency services operations be structured around existing constitutional governments and that the City Council in the event of an emergency confer upon the City Manager, or a predetermined representative in the absence of the Manager, the authority to act in accordance with Section 44-146.21 , Declaration of local emergency. CompassionAn Internationally Accredited ISO Class 1 Department Commitment e Courtesy 9 changed ?F7= What has • EOC Activation Levels (Green , Yellow, Orange, Red) • Basic Plan — Section 13 D Changed declaration to match Code of Virginia • Backup EOC location — added Blue Hills Dr. Location • ESF 2 - 2 added (or designated authority) • ESF 2 — 10 Sewage Spill — added parks and recreation An Internationally Accredited ISO Class 1 Department Commitment 9 . Compassion Alh • Basic Plan — Declaration of a Local Emergency • This was changed from the 2016 version to meet the Code of Virginia • "In the event the governing body (City Council) cannot convene due to the disaster or other exigent circumstances, the director, or in his absence, the deputy director, or in the absence of both the director and deputy director, any member of the governing body may declare the existence of a local emergency, subject to confirmation by the governing body at the next regularly scheduled meeting or at a special meeting within 45 days of the declaration, whichever occurs first." • ESF 2 - 2 added (or designated authority) • ESF 2 — 10 Sewage Spill — added parks and recreationIL,ftmw."A CompassionAn Internationally Accredited ISO Class I Department Commitment * Courtesy * has chap ed ? V11hat g Backup �-.. • 1 Blue Hills Cir NE * Roanoke, VA 24012 Kt EMS An Internationally Accredited ISO Class 1 Department �/RGIN�P Commitment • Courtesy • Compassion .......... . . .. What has cha n Alkd ? g City of Roan• • ActivationEOC - els EOC Levels of Activation (Green, Yellow, Orange, Red) fuu Acnvanaw ac EmE�GCN<r oPExnnaN cENTm EEVEE 2: *This provides • • efficient - of /Mightened Reademss resources and makes EOC operations scalable LEVELI VIRTUAL EMERGENCY OPERATIONS CE.TE-:R '.PARTIAL AC(IVATR7N Of fNKRGENCY OPERATIONSCENTER�:' particular •• . • ICVEL 4: Normal Rcadness NOMNLL oaEr TFEINTIOIlS W- - An Internationally Accredited ISO Class 1 Department ��RGIN�P Commitment • Courtesy • Compassion • Adoption of City of Roanoke Emergency Operations Plan • Thank you for supporting the City of Roanoke's preparedness initiatives through your time reviewing this information . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18"'day of January 2022. No. 42254-011822. A RESOLUTION authorizing the acceptance of the 2022 V-STOP Grant made to the City of Roanoke by the Virginia Department of Criminal Justice Services,and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or his designee is hereby authorized on behalf of the City to accept from the Virginia Department of Criminal Justice Services,the 2022 V-STOP Grant in the amount of $28,193, with a required local match of$24,679, making the total funding$52,872, to employ the Police Department's full-time non-sworn Domestic Violence Specialist, as more particularly described in the City Council Agenda Report dated January 18, 2022. 2. The City Manager or his designee is hereby authorized to execute and file,on behalf of the City, any documents setting forth the conditions of the Grant in a form approved by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing Grant. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA 04 The 18th day of January 2022. No. 42255-011822. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Police Department Domestic Violence Program Grant (VSTOP), amending and reordaining certain sections of the 2021-2022 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 2021-2022 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Special Revenue Fund Appropriations Regular Employee Salary 35-640-3129-1002 $ 40,293 ICMA Retirement 35-640-3129-1115 3,018 FICA 35-640-3129-1120 2,892 Dental Insurance 35-640-3129-1126 251 Life Insurance 35-640-3129-1130 377 Medical Insurance 35-640-3129-1180 6,041 Revenues VSTOP Grant CY2022 - State 35-640-3129-3129 28,193 VSTOP Grant CY2022 - Local 35-640-3129-3145 24,679 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: January 18, 2022 Subject: 2022 Violence Against Women Act: V-STOP Grant Background: The Department of Criminal justice Services of the Commonwealth of Virginia has awarded the Roanoke Police Department $28,193 in grant funding as part of the Violence Against Women Act (V-STOP). The Roanoke Police Department will use the award to fund its existing Domestic Violence Specialist position. The 2022 V-STOP grant funding has been level funded since 2012. To maintain current salary and benefit levels for the Domestic Violence Specialist position, the City of Roanoke will be required to provide a total local match of $24,679. The Domestic Violence Specialist is an essential employee who is tasked with providing services to the victims of domestic violence. The Domestic Violence Specialist investigates domestic violence offenses, ensures that victims receive support services throughout their case, prepares cases for prosecution and directs police department resources towards apprehending the most dangerous offenders. Recommended Action: Accept the 2022 V-STOP Grant described above and authorize the City Manager to execute the grant 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 Grant fund for State grant funds of $28,193, transfer funding in the amount of $20,268 from Transfer to Grant Fund, account 01-250-9310-9535, $4,411 from Local Match Funding for Grants, account 35-300-9700-5415, and appropriate total funding of $52,872 for salary and benefits into accounts to be established by the Director of Finance in the Grant Fund. ----- -------------------- Robert S. Cowell,Jr. City Manager Distribution: Council Appointed Officers Clarence G. Grier, Deputy City Manager for Operations Amelia C. Merchant, Director of Finance Samuel Roman,,Jr., Chief of Police COMMONWEALTH of VIRGINIA Department of Criminal Justice Services Shannon Dion Washington Building Director 1100 Bank Street Richmond,Virginia 23219 Megan Peterson (804)786-4000 Chief Deputy Director www.dcjs.virginia.gov December 14, 2021 Robert Cowell City Manager, City of Roanoke 215 Church Avenue SW Room 364 Roanoke,Virginia 24011 RE: Staffing for Police Domestic Violence Specialist Dear Robert Cowell: Congratulations on being a recipient of the above referenced grant program! Your DCJS grant award number is 22-U3153VA21 and was approved for a total award of$37,591, funded through Award Number 2020-WF-AX-0011.The project period is 1/1/2022 through 12/31/2022. Included with this letter is a Statement of Grant Award/Acceptance (SOGA). Please note hard copies of the General Special Conditions, as well as the Reporting Requirements and Projected Due Dates, are now referred to as Conditions and Requirements and will be posted online at https://www.dcjs.virizinia.gov/uants/grant-requirements within the next two weeks. In addition to the general Special Conditions, there may be grant specific Special Conditions related to your Grant Award called Encumbrances.If there are any,you are required to adhere to these conditions via the On-line Grants Management System (OGMS) at https://ogms.dcis.vir2inia.2ov/. If you have not previously done so, you must register in order to use this web-based system. The instructions on Registering for a New Account and Submitting Action Item Encumbrances are posted here https://www.dcis.vir ig nia.gov/grants/ogms-training-resources along with other resources and training videos. All registrants will be approved within 3 —5 business days. We will be happy to assist you in any way we can to assure your project's success. To indicate your acceptance of the award and conditions,please sign the included SOGA and return it electronically within the next 60 days to grantsmgmt@dcjs.virginia.gov. If you have questions, contact your DCJS Grant Monitor Haymanot Cummings at 804-510-9316 or via email at haymanot.cummings@dcj s.virginia.gov. Sincerely, Shannon Dion STATEMENT OF GRANT AWARD (SOGA) Virginia Department of Criminal Justice Services 1100 Bank Street, 12a'Floor Richmond, Virginia 23219 3255—CY 22-23 VSTOP Formula Grant Program for Continuation Applicants Subgrantee: Roanoke DUNS Number: 6704316 DCJS Grant Number: 22-U3153VA21 Grant Start Date: 1/1/2022 Grant End Date: 12/31/2022 Federal Grant Number: 2020-WF-AX-0011 Federal Awardee: VAWO Federal Catalog Number: 16.588 Project Description: To increase the apprehension,prosecution,and adjudication of persons commiting violent crimes against women. Federal Start Date: 7/1/2020 Indirect Cost Rate: % *If applicable Federal Funds: $28,193 State General Funds: State Special Funds: Local Match: $9,398 Total Budget: $37,591 Project Director, Project Administrator Finance Officer James Price Robert Cowell Amelia Merchant Lieutenant,Planning&Analysis City Manager,City of Roanoke Director of Finance,City of Roanoke Supervisor,City of Roanoke Police 215 Church Avenue SW 215 Church Avenue SW Department Room 364 Room 461 348 Campbell Avenue SW Roanoke,Virginia 24016 Roanoke,Virginia 24011 Roanoke,Virginia 24016 540-853-2333 540-853-6800 540-853-1634 bob.cowell@roanokeva.gov amelia.merchant@roanokeva.gov james.price@roanokeva.gov *Please indicate your ICR in the space provided,if applicable.As the duly authorized representative, the undersigned, having received the Statement of Grant Awards (SOGA) and reviewing the Special Conditions, hereby accepts this grant and agree to the conditions and provisions of all other Federal and State laws and rules and regulations that apply to this award. Signature: Authorized Official(Project Administrator) Title: Date: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 181h day of January 2022. No. 42256-011822. A RESOLUTION approving the allocation of $309,182 remaining in Emergency Solutions Grant-CV2 (`BSG-CV2") funding from the United States' Department of Housing and Urban Development ("HUD"), and authorizing the City Manager, or his designee, to enter into written contracts with the subrecipients of such funding. WHEREAS, in March 2020, Congress passed the Coronavirus Aid, Relief and Economic Securities (CARES) Act, which allocated additional funds to localities for Community Development Block Grant ("CDBG") and Emergency Solutions Grant (`BSG") programs to address the COVID-19 disaster; WHEREAS, by prior ordinances adopted by Roanoke City Council, City Council approved a cumulative amount of $1,420,429 in ESG funding for homeless prevention and sheltering services, and written funding agreements were entered into between the City of Roanoke and the ESG subrecipient service providers to provide for such homeless prevention and sheltering services; WHEREAS, the funding agreements with the subrecipients have expired, leaving a remaining balance of unspent HUD ESG-CV2 funds in the amount of$309,182, of which HUD has required localities to expend 80%by March 31, 2022, and 100%by September 30, 2022. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council approves the recommended allocation of$309,182 in remaining ESG- CV2 funds to the subrecipient service providers, all as more particularly outlined in the City Manager's January 18, 2022, City Council Agenda Report, in the respective amounts set forth therein. 2. The City Manager, or his designee, is authorized to enter into written agreements with the subrecipients of such ESG-CV2 funding identified in the City Manager's January 18, 2022, City Council Agenda Report, to govern the terms and conditions of the services such subrecipients will provide the City of Roanoke to address the preparation, response, and recovery from the effects of COVID-19 for those persons that are homeless, or at risk of homelessness. Such agreements shall expire on September 30, 2022, and be approved as to form by the City Attorney. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of January 2022. No. 42257-011822. AN ORDINANCE to appropriate funding from the Department of Housing and Urban Development (HUD) for the Emergency Solutions Grant (ESG), amending and reordaining certain sections of the 2021-2022 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 2021-2022 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations ESG — City Of Roanoke Homeless Assistance Team 35-E20-5235-2066 $ 61,573 ESG — Council of Community Services 35-E20-5235-5618 141,320 ESG — Family Promise of Roanoke Valley 35-E20-5235-5644 11,000 ESG — HRC Administrative / Planning 35-E20-5235-5526 15,000 ESG —Total Action For progress 35-E20-5235-8173 80,289 Revenues ESG CV-2 CARES COVID-19 FY20 35-E20-5235-5235 309,182 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: January 18, 2022 Subject: Allocation of Available ESG-CV2 Funds Background: In March 2020, Congressed passed the Coronavirus Aid, Relief and Economic Securities (CARES) Act, which allocated additional funds for Community Development Block Grants (CDBG) and Emergency Solutions Grant (ESG) programs to address the preparation, response and recovery from effects of COVID-19 to HUD entitlement communities. In total, the City of Roanoke was allocated $1 ,056,225 in CDBG-CV1 funds, $546,787 in CDBG-CV3 funds, $525,434 in ESG-CV1 funds, and $894,995 in ESG-CV2 funds. On April 20, 2020, City Council took action to approve and appropriate $298,507 in ESG- CV1 funds for emergency sheltering and case management for the city's homeless population. On June 15, 2020 City Council approved $226,917 in ESG-CV1 , for total appropriations of $525,434. On September 21 , 2020, City Council appropriated $500,000 in ESG-CV2 funding, and on December 21 , 2020 the remaining $394,995 for homelessness prevention and sheltering services was approved for total ESG-CV2 funds of $894,995. Upon the expiration of written funding agreements with several agencies in late 2021 , there remains $309,182 in unspent ESG-CV funds from the total award of $1 ,420,429. This balance represents 21 .7% of ESG-CV funds remain unspent. HUD has mandated that all participating jurisdictions expend at least 80% of ESG-CV funds by March 31 , 2022 and 100% of ESG-CV funds by September 30, 2022. Considerations: Due to the need to act quickly to program unspent funds before expenditure deadlines, HUD Community Resources solicited supplemental proposals from prior ESG-CV recipients in December 2021 . A total of $356,316 was requested for the $309,182 remaining ESG-CV funds. After careful review of applications for eligibility and maximum effective use of available funds, the following agencies were recommended for allocation of ESG-CV funds from City Council for activities to address the preparation, response and recovery from the effects of COVID-19 for persons homeless or at-risk of homelessness: City of Roanoke Homeless Assistance Team 61 ,573 Council of Community Services 141 ,320 Family Promise of Roanoke Valley 11 ,000 HCR Administrative/Planning 15,000 Total Action for Progress 80,289 Recommended Action: 1 . Approve the allocation of $309,182 in remaining balance of ESG-CV2 funding as proposed and accompanying budget ordinance and instruct the City Manager or his designee to enter into written agreements with subrecipients to expire on September 30, 2022, as approved to form by the City Attorney. S:::: ------- ----7------------------- Robert S. Cowell, Jr. City Manager c: Council Appointed Officers W. Brent Robertson, Assistant City Manager for Community Development Jillian Papa Moore, Acting Director of Planning, Building & Development Amelia C. Merchant, Director of Finance Keith Holland, HCR Program Administrator Matthew Crookshank, Human Services Administrator 2 C) IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 18th day of January 2022. No. 42258-011822. AN ORDINANCE authorizing the City Manager to execute Amendment No. 5 to the First Reinstated Agreement for the Exchange of Real Estate between the City of Roanoke, Virginia ("City) and Rutherfoord Partners, LLC ("Developer") dated September 17, 2019 ("Agreement") to provide for (i) the sale and transfer of Campbell Court, as described below, from the City to Developer; and (ii) the acquisition of the Future Rail Station Parcels, as described below, by the City from Developer; and dispensing with the second reading of this ordinance by title. WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41568-091619, adopted on September 16, 2019, in which Council approved the terms of the Agreement with the City and Developer; WHEREAS,the City and Hist:Re Partners, LLC executed the Agreement which was dated September 17, 2019, and Hist:Re Partners, LLC subsequently assigned its rights and obligations under the Agreement to Developer with the consent of the City; WHEREAS, the Agreement provides for the transfer of Campbell Court from the City to Developer in exchange for the transfer of the Future Rail Station Parcels from Developer to the City; WHEREAS, the Parties amended the Agreement by Amendment No. 1 dated June 16, 2020, to extend the Approval Period to September 30, 2020, and the Closing Date to December 31, 2020; Amendment No. 2 dated September 22, 2020 to extend the Approval Period to March 31,2021,and the Closing date to June 30,2021;Amendment No. 3 dated March 31,2021 to extend the Approval Period to June 30, 2021, and the Closing date to September 30, 2021; and Amendment No. 4 dated September 30, 2021, to extend the Closing Date to January 31, 2022; 1 WHEREAS, all Parties have requested an extension of the Closing Date to February 28, 2022; and WHEREAS, the City and Developer desire to amend the Agreement to address these matters in accordance with the terms of Amendment No. 5. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of Amendment No. 5 to the Agreement as set forth in the City Council Agenda Report dated January 18, 2022, which Amendment No. 5 amends the Agreement approved by City Council by Ordinance No. 41568-091619, adopted on September 16, 2019, and provides for certain undertakings and obligations by the City and Developer. 2. The City Manager is hereby authorized on behalf of the City to execute Amendment No. 5 to the Agreement, to amend certain terms of the Agreement to extend the the Closing Date, as defined in the Agreement,to not later than February 28,2022, as set forth in the aforementioned City Council Agenda Report. Amendment No. 5 to the Agreement is to be substantially similar to the Amendment No. 5 attached to the Agenda Report. 3. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by the City and Developer pursuant to the Agreement and Amendment No. 5. 4. The form of the documents referred to above and in the Agenda Report are to be approved by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: - czu&�, - _ City Clerk. - - - - _ _ 2 og CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 18, 2022 Subject: Amendment No. 5 to the First Reinstated Agreement for the Exchange of Real Property dated September 17, 2019 (the Agreement) between the City of Roanoke (City) and Rutherfoord Partners, LLC (Developer) Background: The City of Roanoke, Virginia and Hist:Re Partners, LLC entered into a First Reinstated Agreement for the Exchange of Real Estate dated September 17, 2019, whereby the City agrees to sell and Developer agrees purchase Campbell Court, which consists of 13 parcels of real property, together with improvements thereon, situated at 29 Campbell Avenue, S.W., and 30 Salem Avenue, S.W., as shown on Official Tax Map Nos. 101 1 105, 1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 1011118, 1011119, 101 1 120, 101 1 122, and 101 1 129. Hist:Re Partners, LLC subsequently assigned its rights and obligations under the Agreement to Developer with the consent of the City. In addition to the transaction stated above, Developer agrees to sell, and the City agrees to purchase, two parcels of property, currently used as office space for an insurance company, situated at 1 Jefferson Street, S.W., and 7 Jefferson Street, S.W., bearing Official Tax Map Nos. 1010507 and 1010508, respectively (collectively, the "Future Rail Station Parcels"). Developer will exchange the Future Rail Station Parcels, together with other consideration set forth in the Agreement, at which the City intends to construct and operate a facility for use by passengers of train services, in exchange for Campbell Court. In August 2021 , Developer submitted to the City a revised Exhibit B to the Agreement, which proposed changes to both the improvements to be constructed and phasing of the development. Among these changes is addition of 40,000 square feet of constructed area that includes a pocket park and a three-story building. To this end, Amendment No. 5 includes a Revised Exhibit B dated August 24, 2021 , which replaces the previous version by deleting it in its entirety. This Revised Exhibit B is attached hereto as Attachment 1 and incorporated herein. Amendment No. 5 will also provide additional time for the parties to obtain updated property appraisals on the parcels to be exchanged between the City and CRTC, including the Campbell Court properties listed above and City-owned property located at 325 Campbell Avenue, S.W. as shown on Official Tax Map No. 1010115 (previously shown as Tax Map Nos. 1010121 , 1010122, and 1010125). Updated appraisals are required to obtain approval from the US Federal Transit Administration. The Parties amended the Agreement by Amendment No. 1 dated .June 16, 2020, to extend the Approval Period to September 30, 2020, and the Closing Date to December 31 , 2020. The Parties amended the Agreement by Amendment No. 2 dated September 22, 2020 to extend the Approval Period to March 31 , 2021 , and the Closing Date to June 30, 2021 . The Parties amended the Agreement by Amendment No. 3 dated March 31 , 2021 to extend the Approval Period to June 30, 2021 , and the Closing Date to September 30, 2021 . The Parties amended the Agreement by Amendment No. 4 dated September 30, 2021 , to extend the Closing Date to January 31 , 2022. Recommended Action: Adopt the attached ordinance authorizing the City Manager to execute an Amendment No. 5 to the Agreement between the City of Roanoke and Rutherfoord Partners, LLC, substantially similar to the Amendment No. 5 attached to this Report, with an extended closing date of February 28, 2022, and make such other amendments to the Agreement that are set forth in the proposed Amendment No. 5. All documents are subject to approval as to form by the City Attorney. ---- ---------------------- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Clarence G. Grier, Deputy City Manager for Operations W. Brent Robertson, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Marc B. Nelson, Director of Economic Development Kevin Price, General Manager, GRTC 2 AMENDMENT NO. 5 TO FIRST REINSTATED AGREEMENT FOR THE EXCHANGE OF REAL ESTATE DATED SEPTEMBER 17,2019 BETWEEN THE CITY OF ROANOKE,VIRGINIA AND RUTHERFOORD PARTNERS,LLC This Amendment No. 5 to the First Reinstated Agreement For The Exchange Of Real Estate September 17, 2019,between the City of Roanoke Virginia, a Virginia municipal corporation(the"City"), and Rutherfoord Partners, LLC, a Virginia limited liability company ("Developer") ("Amendment No. 3") is dated January_, 2022. RECITALS A. The City and Hist:Re Partners, LLC entered into the First Reinstated Agreement For The Exchange Of Real Estate dated September 17, 2019 (the"Agreement"), and Hist:Re Partners, LLC subsequently assigned its rights and obligations under the Agreement to Developer with the consent of the City, and under which Agreement, (i)the City agrees to sell, and Developer agrees to purchase Campbell Court, all as in accordance with the terms and conditions of the Agreement; and(ii)Developer agrees to sell, and the City agrees to purchase the Future Rail Station Parcels, all as in accordance with the terms and conditions of the Agreement. B. The Parties amended the Agreement by Amendment No. 1 dated June 16, 2020,to extend the Approval Period to September 30, 2020, and the Closing Date to December 31, 2020. C. The Parties amended the Agreement by Amendment No. 2 dated September 22, 2020 to extend the Approval Period to March 31, 2021, and the Closing date to June 30, 2021. D. The Parties amended the Agreement by Amendment No. 3 dated March 31, 2021 to extend the Approval Period to June 30, 2021, and the Closing date to September 30, 2021. E. The Parties amended the Agreement by Amendment No. 4 dated September 30, 2021 to extend the the Closing date to January 31, 2022. F. The Parties desire to update the Development Project as described in Exhibit B and extend the Closing Date. G. The Parties desire to amend the Agreement to provide for the updated Exhibit B and extend the Closing Date. Based on the foregoing, for good and valuable consideration and the representations set forth in the Recitals which are a material part of this Amendment No. 5 and are incorporated herein, the Parties agree as follows: 1 1. Exhibit B of the Agreement is amended by deleting it in its entirety and replacing it with Revised Exhibit B dated August 24, 2021,which is attached hereto as Attachment 1 and incorporated herein. 2. Section 12.1 of the Agreement is amended by deleting the date "January 31, 2022," and inserting in its place"March 15, 2022." 3. Except as amended herein,the Agreement remains in full force and effect in accordance with its terms. The Parties acknowledge and agree that the Agreement, as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, and this Amendment No. 5 constitutes the entire agreement between the Parties with respect to the purchase and sale of Campbell Court and the Future Rail Station Parcels. 4. Capitalized terms not defined in this Amendment No. 5 shall have the meaning ascribed to such terms as set forth in the Agreement. Dated as of the day and date first above written. SIGNATURES APPEAR ON FOLLOWING PAGES 2 IN WITNESS WHEREOF,the Parties have executed this Amendment No. 5 by their authorized representatives as of the date of this Amendment No. 5. CITY OF ROANOKE,VIRGINIA By: Robert S. Cowell, Jr. City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE The foregoing Amendment No. 5 was acknowledged before me this day of , 20212, by Robert S. Cowell, Jr., the duly authorized City Manager of the City of Roanoke, Virginia, a Virginia Municipal Corporation, on behalf of the City of Roanoke,Virginia. My Commission expires: Notary Public SEAL Approved as to form: Approved as to execution: 3 RUTHERFOORD PARTNERS, LLC By: Lucas Thornton,Manager STATE OF CITY/COUNTY of The foregoing Amendment No. 5 was acknowledged before me this day of , 2022, by Lucas Thornton, the duly authorized manager of Rutherfoord Partners LLC, a Virginia limited liability company, on behalf of Rutherfoord Partners, LLC. My Commission expires: Notary Public SEAL 4 ATTACHMENT 1 Revised Exhibit B dated August 24, 2021 5 x a HISTRE PARTNERS I CAMPBELL COURT I COURTYARD DESIGN 124 AUGUST 2021 PHASING KEY 0 DEMO BUS STATION AND EASTERN PORTION OF HISTORIC FACADES © NEW 3 STORY BUILDING ADJACENT TO REMAINIG HISTORIC FACADES © TEMPORARY PARK --——.. — ! L—1 ;.. v ow somas • 1 fi tac. ❑ LtL- OFFICE BUILDING - PHASE 1 NOTH 2 HISTRE PARTNERS I CAMPBELL COURT I COURTYARD DESIGN 1 24 AUGUST 2021 PHASING KEYa~^° 0 DEMO REAR PORTION OF HISTORIC FACADES E © NEW OFFICE TOWER AND RESTAURANT �dk4kiaG L 0_.Lril OFFICE BUILDING - PHASE 2A N3 3 HISTRE PARTNERS I CAMPBELL COURT I COURTYARD DESIGN 124 AUGUST 2021 C PBELL AM 1�1 n s sli � ' COURT0' " - "� S """"l OFFICE TOWER m� VA Roanoke, w 31 AUGUST 2021 6 J t ,p gam^„ , n r � o i N i LEVEL 1 LEVEL 2 LEVEL 3 W Leasable Square Footage =7,374 Leasable Square Footage= 10,407 Leasable Square Footage=10,986 Uj LEVEL 4 LEVEL 5 LEVEL 6 OLeasable Square Footage=8,065 Leasable Square Footage= 8,035 Residential Square Footage=6,134 Leasable Total Gross SF Total - I - Common Total LEVEL 7 - CAMPBELL COURT OFFICE TOWER 1 31 AUGUST 2021 Residential Square Footage= 6,134 STAIR ALLEY O PARKING = COMMERCIAL UTILITY b SPACES D D AREA rn cn. 281 SF D D 4 --- ------- RESTAURANT rn K 2419 SF Ec -- -- o M - T.0__.. _ - - r WC d C _ J rn W COMMERCIAL AREA 2134 SF LOBBY i COURTYARD o 4 Leasable square footage: 7,374 sf O 3i32 r-o" Common interior square footage: 2,836 sf = Gross building area: 10,210 sf STAIR Lu Lyj STAIR 1 0 c N _ D rn r- > D OFFICE M N K 8953 SF RESTAURANT n D D 14 SF TERRACE rn pp 916 SF W WOM !' S r - D - M rn _ - ME W OPEN TO BELOW COURTYARD Leasable square footage: 10,407 sf O o n „ Common interior square footage: 1,882 sf 3/32"=r-0" Exterior square footage: 916 sf Gross building area: 13,205 sf i !II II II - 'II I M . !II OFFICE EN II10986 SF J 3No Wice' - :, �--� i �� •j III! �� „a — — WO E MEN �� �! IIS � � ���51 - W J I I I I Y ' CAMPBELL COURT OFFICE TOWER I 31 AUGUST 2021 II 4l�!!tl@I r Vi�ll'M9 STAI L•JLLJJ LJ LJ L OFFICEcn �I ® 8065SF C. _ • • ® I,- �� . LTJ �� W - - J COURTYARD Leasable square footage: 8,065 sf 0 4' 111 Common interior square footage: 1,374 sf 3/32" V-0"Y Gross . .area: CAMPBELL COURT OFFICE TOWER � 31 AUGUST 2021 Loiu u u u 1 II I �� II • C OFFICE II 8035 0 I II I WO E W uuj �I > �� LuMEN i- W II J Y ' CAMPBELL COURT OFFICE TOWER 1 Y AUGUST 2021 D l7 ZUNIT UNIT 1661 SF 2829 SF O p c cn M Dr D M N CORRIDOR D 3 0 -- — M o Z UNIT _ M 1644 SF - - W r v - tJ1 D N G � M TERRACE TERRACE 990 SF 1021 SF COURTYARD Residential square footage: 6,134 sf 0 4' Common interior square footage: 863 sf 3/32"=r-0" Exterior square footage: 2,370 sf Gross building area: 9,367 sf COURTCAMPBELL a UNIT UNIT N 1661 SF 2829 SF O A. C N _ <n M D D r M cn K oo CORRIDOR D O M Z UNIT M 1644 SF -- J W r N D N — M TERRACE TERRACE 990 SF 1021 SF COURTYARD Residential square footage: 6,134 sf O ° 4' Common interior square footage: 863 sf 3/32"=r-0" Exterior square footage: 2,370 sf Gross building area: 9,367 sf CAMPBELL • OFFICE TOWER "aJI r J ' NMI` f? �. �. t f � u i, Ah- , lm v B r kp yp $� >z" a edr Bjd t+ 3B B 8� l S` N �E BIRDSEYE PERSPECTIVE COURTCAMPBELL • r / S M 1 "€ // ! yY 4 VIEW LOOKING WEST DOWN CAMPBELL AVE . CAMPBELL ✓ � t �p VIEW FROM CAMPBELL AVE . a 3 r � , c k t t e 1 A J p� i �h n { CAMPBELL COU r POCKET RK . .. ....... HISTRE PARTNERS CAMPBELL COURTS COURTYARD DESfGN j 24 AUGUST 2021 ' r, .i G'ONCRETE 9IOEWAUC � -" .� nor'. i ga �C �i W ' PULASKI PARK Z T" 'STONE DUST n LA �I 60'x27'SEATING AREA o y. e CQNCRETf,SIDEWALK � � ''" MURAL PANEL B.O.H. PAVERS60&wt x - HISTORIC BUILDING i �� . ❑ ice; ft }*F WORLD TRADE CENTER PULASKI PARK PARK OPTION A 3 6 HISTRE PARTNERS I CAMPBELL COURT I COURTYARD DESIGN 124 AUGUST 2021 NORTH IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of January 2022. No. 42259-011822. AN ORDINANCE authorizing the City Manager to execute Amendment No. 5 to the First Reinstated Agreement for the Exchange of Real Estate between the City of Roanoke,Virginia and Greater Roanoke Transit Company dated September 17, 2019 ("Agreement")to provide for(i)the sale and transfer of the GRTC Relocation Parcels, as described below,to Greater Roanoke Transit Company ("GRTC") from the City of Roanoke, Virginia ("City"), and (ii) the acquisition of Campbell Court, as described below, by the City from GRTC; and dispensing with the second reading of this ordinance by title. WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41565-091619, adopted on September 16, 2019, in which Council approved the terms of the Agreement with the City and GRTC; WHEREAS, the City and GRTC executed the Agreement which was dated September 17, 2019; WHEREAS, the City is the owner of four parcels within the City and more particularly described as (i) 0 Salem Avenue, S.W., Roanoke, Virginia, Official Tax Map #1010113; (ii) 325 Salem Avenue,S.W.,Roanoke,Virginia, Official Tax Map#1010115; (iii)0 Salem Avenue, S.W., Roanoke, Virginia, Official Tax Map #1010121; and (iv) 0 Salem Avenue, S.W., Roanoke, Virginia, Official Tax Map #1010122 (collectively, the "GRTC Relocation Parcels"); WHEREAS,the Agreement provides for the transfer of the GRTC Relocation Parcels from the City to GRTC in exchange for the transfer of Campbell Court, consisting of 13 parcels within the City, together with improvements thereon, situated at 29 Campbell Avenue, S.W., Roanoke, 1 Virginia and 30 Salem Avenue, S.W., Roanoke, Virginia, and bearing Official Tax Map Nos. 1011105, 1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 10111171011118, 1011119, 1011120, 1011122, and 1011129 (collectively, "Campbell Court"), from GRTC to the City; WHEREAS, the Parties amended the Agreement by Amendment No. 1 dated June 16, 2020, to extend the Approval Period to September 30, 2020; Amendment No. 2 dated September 22, 2020 to extend the City Approval Period and the GRTC Approval Period to March 31, 2021; Amendment No. 3 dated March 31, 2021 to extend the City Approval Period and the GRTC Approval Period to June 30, 2021; and Amendment No. 4 dated September 30, 2021 to extend the Closing Date; WHEREAS, all Parties have requested an extension of the Closing Date, as defined in the Agreement; and WHEREAS, the City and GRTC desire to amend the Agreement to address these matters in accordance with the terms of Amendment No. 5. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of Amendment No. 5 to the Agreement as set forth in the City Council Agenda Report dated January 18, 2022, which Amendment No. 5 amends the Agreement approved by City Council by Ordinance No. 41565-091619, adopted on September 16,2019, and provides for certain undertakings and obligations by the City and GRTC. 2. The City Manager is hereby authorized on behalf of the City to execute Amendment No. 5 to the Contract, to amend certain terms of the Agreement to extend the Closing Date to February 28, 2022, as set forth in the aforementioned City Council Agenda Report. Amendment No. 5 to the Agreement is to be substantially similar to the Amendment No. 5 attached to the Agenda Report. 2 3. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by the City and GRTC pursuant to the Agreement and Amendment No. 5. 4. The form of the documents referred to above and in the Agenda Report are to be approved by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. 3 ply CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 18, 2022 Subject: Amendment No. S to First Reinstated Agreement for the Exchange of Real Estate dated September 17, 2019 (Agreement) between the City of Roanoke, Virginia (City) and Greater Roanoke Transit Company (CRTC) Background: The City and GRTC entered into the First Reinstated Agreement for the Exchange of Real Estate dated September 17, 2019 ("Agreement"), whereby the City agrees to sell and exchange, and GRTC agrees to purchase and acquire one parcel of real estate upon which ff cRal TaxTC will Maprelocate #1010located (°GRTC325 Salem Relocat on Avenue, S.W., Roanoke, Virginia, O Parcel"). The Agreement provides for the transfer of the GRTC Relocation Parcel from the City to GRTC in exchange for the transfer of Campbell Court, the transit facility owned by GRTC, consisting of 13 parcels within the City, and which parcels are more particularly described in the Agreement contingent upon either (i) construction of a temporary central transit facility, by GRTC on the GRTC Relocation Parcels if the City and Rutherfoord Partners, LLC (Developer) proceed with an agreement involving the redevelopment of Campbell Court by Developer and the acquisition and development of a passenger rail facility by the City ("City and Developer Exchange Agreement"); or (ii) construction of a permanent central transit facility if the City and. Developer Exchange Agreement terminates during the approval periods set forth in that agreement. The Parties amended the Agreement by Amendment No. 1 dated June 16, 2020, to extend the Approval Period to September 30, 2020. The Parties amended the Agreement by Amendment No. 2 dated September 22, 2020 to extend the City Approval Period and the GRTC Approval Period to March 31 , 2021 . The Parties amended the Agreement by Amendment No. 3 dated March 31 , 2021 to extend the City Approval Period and the GRTC Approval Period to June 30, 2021 . The Parties amended the Agreement by Amendment No. 4 dated September 30, 2021 to extend the Closing Date, as defined in the Agreement, to January 31 , 2022. Due to additional required FTA Approvals, all Parties have requested an extension of the Closing Date, as defined in the Agreement, to February 28, 2022. Recommended Action: Adopt the attached ordinance authorizing the City Manager or his designee to execute an Amendment No. 5 to the Agreement between the City of Roanoke and the Greater Roanoke Transit Company, substantially similar to the Amendment No. 5 attached to this Report, with an extended Closing Date to February 28, 2022, and make such other amendments to the Agreement that are set forth in the proposed Amendment No. 5. All documents are subject to approval as to form by the City Attorney. -------------------------- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Clarence Grier, Deputy City Manager for Operations W. Brent Robertson, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Marc Nelson, Director of Economic Development Laura M. Carini, Senior Assistant City Attorney 2 AMENDMENT NO. 5 TO FIRST REINSTATED AGREEMENT FOR THE EXCHANGE OF REAL ESTATE DATED SEPTEMBER 17,2019 BETWEEN THE CITY OF ROANOKE,VIRGINIA AND GREATER ROANOKE TRANSIT COMPANY This Amendment No. 5 to the First Reinstated Agreement For The Exchange Of Real Estate dated September 17, 2019,between the City of Roanoke Virginia, a Virginia municipal corporation(the"City"), and Greater Roanoke Transit Company, a Virginia corporation ("GRTC") ("Amendment No. 5") is dated January 19, 2022. RECITALS A. The City and GRTC entered into the First Reinstated Agreement For The Exchange Of Real Estate dated September 17, 2019 (the"Agreement")under which Agreement, (i) GRTC agrees to sell, and the City agrees to purchase Campbell Court, all as in accordance with the terms and conditions of the Agreement; and(ii)the City agrees to sell, and GRTC agrees to purchase the GRTC Relocation Parcels, all as in accordance with the terms and conditions of the Agreement. B. The Parties amended the Agreement by Amendment No. 1 dated June 16, 2020, to extend the Approval Period to September 30, 2020. C. The Parties amended the Agreement by Amendment No. 2 dated September 22, 2020 to extend the City Approval Period and the GRTC Approval Period to March 31, 2021. D. The Parties amended the Agreement by Amendment No. 3 dated March 31, 2021 to extend the City Approval Period and the GRTC Approval Period to June 30, 2021. E. The Parties amended the Agreement by Amendment No. 4 dated September 30, 2021 to extend the Closing Date from September 30, 2021 to January 31, 2022. F. The Parties desire to extend the Closing Date from January 31, 2022 to February 28, 2022. G. The Parties desire to amend the Agreement to provide for the extension of the Closing Date. Based on the foregoing, for good and valuable consideration and the representations set forth in the Recitals which are a material part of this Amendment No. 5 and are incorporated herein, the Parties agree as follows: 1. Section 12.1 of the Agreement is amended by deleting the date"January 31, 2022," and inserting in its place"February 28, 2022." 1 ins in full force an ect in 2. Except as amended herein,the Agreement agree athat the Agreement as amended accordance with its terms. The Parties acknowledge and n the by this Amendment No. 5, constitutes the entire agreement Relocation Parcels. Parties with respect to the purchase and sale of Campbell Court andhe G 3. Capitalized terms not defined in this Amendment No. 5 shall have the meaning ascribed to such terms as set forth in the Agreement. Dated as of the day and date first above written. SIGNATURES APPEAR ON FOLLOWING PAGES 2 IN WITNESS WHEREOF, the Parties have executed this Amendment No. 5 by their authorized representatives as of the date of this Amendment No. 5. WITNESS: CITY OF ROANOKE,VIRGINIA By: Robert S. Cowell, Jr. Print name and title City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE The foregoing Amendment No. 5 was acknowledged before me this day of 2022,by Robert S. Cowell,Jr.,the duly authorized City Manager of the City of Roanoke,Virginia, a Virginia Municipal Corporation, on behalf of the City of Roanoke,Virginia. My Commission expires: Notary Public SEAL Approved as to form: Approved as to execution: 3 WITNESS: GREATER ROANOKE TRANSIT COMPANY By: Joseph Cobb, President Print name and title WITNESS: By: Kevin Price, General Manager Print name and title STATE OF CITY/COUNTY of The foregoing Amendment No. 5 was acknowledged before me this day of 2022, by Joseph Cobb, the duly authorized President of Greater Roanoke Transit Company, a Virginia corporation, on behalf of Greater Roanoke Transit Company. My Commission expires: Notary Public SEAL STATE OF CITY/COUNTY of The foregoing Amendment No. 5 was acknowledged before me this day of 2022,by Kevin Price,the duly authorized General Manager of Greater Roanoke Transit Company, a Virginia corporation, on behalf of Greater Roanoke Transit Company. My Commission expires: Notary Public SEAL Approved as to form: Approved as to execution: 4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 181h day of January 2022. No. 42260-011822. A RESOLUTION ratifying and approving the acceptance of American Rescue Plan Act (ARPA) funding through the Commonwealth of Virginia, Office of the Attorney General to address community-based gun violence prevention programming in the City; and ratifying and authorizing the execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby ratify and approve the acceptance of American Rescue Plan Act (ARPA) funding through the Commonwealth of Virginia, Office of the Attorney General to address community-based gun violence prevention programming to the City, in the amount of $300,000, for the purpose of community-based gun violence prevention activities, as more particularly described in the City Council Agenda Report dated January 18, 2022. 2. The Council does hereby ratify the City Manager's execution of the Memorandum of Understanding and all necessary documents required to accept the ARPA funds, all such documents having been reviewed by the City Attorney. 3. The City Manager is further directed to furnish such additional information, and execute such further amendments, as may be required in connection with the City's acceptance and performance of this Memorandum of Understanding, to be approved as to form by the City Attorney. ATTEST: 044&;, J% - City Clerk. _ 'r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day January 2022. No. 42261-011822. AN ORDINANCE to appropriate funding through the Virginia General Assembly and Office of the Attorney General for the American Rescue Plan Act (ARPA) — Coronavirus Relief Fund to support the implementation of data-informed strategies that will result in reduced gun violence in local communities disproportionately affected by gun violence, due to ongoing matters related to the COVID-19 pandemic, amending and reordaining certain sections of the 2021-2022 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 2021-2022 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Gun Violence Grant VA OAG ARPA 35-D22-2702-2066 $ 300,000 Revenues Gun Violence Grant VA OAG ARPA FY22 35-D22-2702-2703 $ 300,000 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. 6 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 18, 2022 Subject: Acceptance and Appropriation of American Rescue Plan Act Funds to address community based gun violence prevention programming from the Commonwealth of Virginia, Office of the Attorney General Background: On August 9, 2021 , the OAG (Office of the Attorney General) was allocated $2.5 million in American Rescue Plan Act (ARPA) funding through the Virginia General Assembly to address community-based gun violence prevention programming. The OAG has designated a portion of these funds to support the implementation of data-informed strategies that will result in reduced gun violence in local communities disproportionally affected by gun violence. The City of Roanoke has been awarded $300,000 for community-based gun violence prevention activities. Programming will be developed utilizing the findings of the locality's Youth and Gang Violence Community Assessment (YGCA) currently being funded through the VA Department of Criminal justice Services (DQS) and will reflect either new program implementation or existing program enhancement. Considerations: The Gun Violence Prevention Commission will work collaboratively with the Roanoke City Police Department, Roanoke City Public Schools, the Office of the City Manager, and community partners and agencies to complement the identification, prevention, and intervention efforts currently underway by the Gun Violence Prevention Commission and the Roanoke Police Department. Recommended Action: Adopt a resolution ratifying the acceptance of the ARPA funds from the Commonwealth of Virginia, Office of the Attorney General, to support and address community-based gun violence prevention programming currently underway by the Gun Violence Prevention Commission and the Roanoke Police Department. Ratify the City Manager's execution of any forms required by the Commonwealth of Virginia, Office of the Attorney General in order to accept these funds; such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate for State grant funds of $300,000 and appropriate funding in the amount of $300,000 into expenditure accounts to be established by the Director of Finance. --------- ---------------- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Bob Cowell, City Manager Clarence G. Grier, Deputy City Manager for Operations Sam Roman, Chief of Police Amelia C. Merchant, Director of Finance Angela O'Brien, Chief Strategy Officer 2 MEMORANDUM OF UNDERSTANDING COMMONWEALTH OF VIRGINIA, DEPARTMENT OF THE ATTORNEY GENERAL AND CITY OF ROANOKE THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made the 10th day of January, 2022, by and between the COMMONWEALTH OF VIRGINIA, OFFICE OF THE ATTORNEY GENERAL("Commonwealth"or"OAG")and the CITY OF ROANOKE("CITY"). 1. PURPOSE: This MOU sets out the terms of an understanding between the OAG and the CITY for the use of funds to support community-based gun violence prevention initiatives. 2. TIME FRAME: These funds shall be spent prior to June 30, 2024. 3. BACKGROUND: On August 9, 2021, the OAG was allocated $2.5 million in American Rescue Plan Act (ARPA) funding through the Virginia General Assembly to address community- based gun violence prevention programming. The OAG has designated a portion of these funds to support the implementation of data-informed strategies,that will result in reduced gun violence in local communities disproportionally affected by gun violence. 4. TERMS AND CONDITIONS: a. Upon receipt of signed memorandum of agreement, the OAG will immediately transfer$300,000 directly to the CITY. b. The CITY will use the funds for community-based gun violence prevention activities. Programming will be developed utilizing the findings of the locality's Youth and Gang Violence Community Assessment (YGCA) currently being funded through the VA Department of Criminal Justice Services (DCJS) and will reflect either new program implementation or existing program enhancement. c. The CITY will sign and abide by the OAG General Grant Conditions and Assurances. d. The CITY assures that funds received from the OAG will be used strictly to support data-informed violence reduction initiatives and programming. Within three months of the completion of the YGCA,the CITY shall submit a project overview, itemized budget and budget narrative to the OAG for approval. e. Upon approval by the OAG of the project proposal, the CITY shall begin spending grant funds in accordance with the approved budget. The CITY agrees that no substitutions or modifications shall be made to fulfill the CITY's proposal without prior approval by the OAG. f. The CITY shall submit quarterly progress reports and a final after-action report as well as a final financial report (including copies of all receipts and supporting documentation of expenditures). All funds must be expended on or before June 30, 2024. Funds not spent by June 30, 2024, will be returned to the OAG. The after- 1 action report and final financial report are due by December 31, 2024, or within 6 months of when the funds have expired, whichever occurs first. The CITY agrees that if it violates the terms of this MOU, it may be barred from receiving future transfers, grants or awards from the OAG, and may be required to return funds. 5. SUPPLANTING: The CITY agrees that funds made available under this transfer will not be used to supplant state or local funds,but will be used to increase the amounts of such funds that would be, in the absence of these funds, made available for gun violence prevention activities. These funds must be used to supplement existing funds and must not replace funds that have been appropriated for the same purpose. 6. RECORDKEEPING AND AUDITS: The CITY will maintain complete records concerning all expenditures and all payments made by the CITY. The CITY shall retain all books, records, and other documents relative to expenditures permitted by this MOU for three (3) years, or until audited by the Commonwealth of Virginia, whichever is sooner. The OAG, its authorized agents, and/or state auditors, may require access to and the right to examine any of said materials during said period. The CITY will cooperate in any audit of the funds by the Virginia Auditor of Public Accounts or the OAG. 7. PREVAILING LAW: This MOU shall be construed, interpreted and enforced according to the laws of the Commonwealth of Virginia. 8. MODIFICATIONS: Any amendments to or modifications of this MOU must in writing and signed by the parties. Witness the following signatures: COMMONWEALTH OF VIRGINIA, OFFICE OF THE ATTORNEY GENERAL Name: Erin B. Ashwell Date Title: Chief Deputy Attorney General CITY OF ROANOKE' Name: Bob Cowell Date Title: City Manager, City of Roanoke 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA ` The 18th day of January 2022. No. 42262-011822. AN ORDINANCE to appropriate funding from the Commonwealth, federal and private grant for various educational programs, amending and re-ordaining certain sections of the 2021-2022 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 2021-2022 School Grant Fund Appropriations be, and the same are hereby, amended and re-ordained to read and provide as follows: Original Changes Final APPROPRIATIONS Budget Requested Budget Personal Services 302- 110- 0000- 0000- 132Q- 61100- 41121- 3-01 $4,154,593.88 $658,255.04 $4,812,848.92 Personal Services-Parental Imohement 302- 110- PINY- 0000- 132Q- 61100- 41121- 3-01 31,000.00 31,000.00 Benefits 302- 110- 0000- 0000- 132Q- 61100- 42204- 3-01 1,676,484.86 450,405.73 2,126,890.59 Benefits-Parental Imohement 302- 110- PINV- 0000- 132Q- 61100- 42204- 3-01 2,808.49 2,808.49 Professional Development 302- 110- 0000- 1000- 132Q- 61100- 43313- 9-01 146,777.58 146,777.58 Purchased Services 302- 110- 0000- 0000- 132Q- 61310- 43381- 9-01 252,250.00 (214,408.33) 37,841.67 Purchased Services-Parental Imolwment 302- 110- PINV- 0000- 132Q- 61310- 43381- 9-01 15,000.00 15,000.00 Internal Printing-Parental Involvement 302- 110- PINV- 1000- 132Q- 61310- 44450- 9-01 700.00 (450.36) 249.64 Travel 302- 110- 0000- 1000- 132Q- 61310- 45551- 9-00 20,050.00 20,050.00 Leases&Rental Equipment 302- 110- 0000- 0000- 132Q- 61310- 45541- 2-00 80,000.00 80,000.00 Indirect Cost 302- 000- INDC- 0000- 132Q- 00000- 62000- 0-00 271,873.84 4,071.11 275,944.95 Miscellaneous Other Charges 302- 110- 0000- 0000- 1320- 63200- 45583- 2-01 1,800.00 1,800.00 Miscellaneous Other Charges-Parent Involvement 302- 110- PINV- 0000- 132Q- 63200- 45583- 2-01 3,434.58 3,434.58 Materials&Supplies 302- 110- 0000- 0000- 132Q- 61100- 46613- 2-01 518,537.86 (329,295.66) 189,242.20 Materials&Supplies-Parental Imohement 302- 110- PINV- 0000- 132Q- 61310- 46613- 9-00 19,000.00 19,000.00 Teachers 302- 110- 1102- 0350- 123R- 61100- 41121- 2-05 21,150.00 21,150.00 Program Coordinator/Site Manager 302- 110- 1102- 0350- 123R- 61100- 41124- 2-05 35,322.00 35,322.00 Activity Assistants 302- 110- 1102- 0350- 123R- 61100- 41141- 2-05 27,288.00 27,288.00 Social Security 302- 110- 1102- 0350- 123R- 61100- 42201- 2-05 7,111.00 7,111.00 Medical/Dental 302- 110- 1102- 0350- 123R- 61100- 42204- 2-05 2,500.00 2,500.00 Professional Contracted Services 302- 110- 1102- 0350- 123R- 61100- 43313- 2-05 36,600.00 36,600.00 Professional Transportation 302- 110- 1102- 0350- 123R- 61100- 43343- 2-05 22,000.00 22,000.00 Miscellaneous Other 302- 110- 1102- 0350- 123R- 61100- 45586- 2-05 1,666.00 1,666.00 Educational&Recreational Supplies 302- 110- 1102- 0350- 123R- 61100- 46614- 2-05 6,351.00 6,351.00 Personal Services 302- 110- 0000- 0000- 132R- 61100- 41121- 3-01 4,580,000.00 4,580,000.00 Personal Services-Parental Imohement 302- 110- PINV- 0000- 132R- 61100- 41121- 3-01 31,000.00 31,000.00 Benefits 302- 110- 0000- 0000- 132R- 61100- 42204- 3-01 1,848,149.08 1,848,149.08 Benefits-Parental Inwlvement 302- 110- PINV- 0000- 132R- 61100- 42204- 3-01 2,372.00 2,372.00 Professional Development 302- 110- 0000- 1000- 132R- 61100- 43313- 9-01 146,780.00 146,780.00 Purchased Services 302- 110- 0000- 0000- 132R- 61310- 43381- 9-01 252,250.00 252,250.00 Purchased Services-Parental Involvement 302- 110- PINV- 0000- 132R- 61310- 43381- 9-01 18,000.00 18,000.00 Internal Printing-Parental Imohement 302- 110- PINV- 1000- 132R- 61310- 44450- 9-01 1,500.00 1,500.00 Travel 302- 110- 0000- 1000- 132R- 61310- 45551- 9-00 20,050.00 20,050.00 Leases&Rental Equipment 302- 110- 0000- 0000- 132R- 61310- 45541- 2-00 80,000.00 80,000.00 Indirect Cost 302- 000- INDC- 0000- 132R- 00000- 62000- 0-00 285,356.00 285,356.00 Miscellaneous Other Charges 302- 110- 0000- 0000- 132R- 63200- 45583- 2-01 1,800.00 1,800.00 Miscellaneous Other Charges-Parent Inwlvement 302- 110- PINV- 0000- 132R- 63200- 45583- 2-01 2,689.00 2,689.00 1 Materials&Supplies 302- 110- 0000- 0000- 132R- 61100- 46613- 2-01 543,354.00 543,354.00 Materials&Supplies-Parental Involvement 302- 110- PINY- 0000- 132R- 61310- 46613- 9-00 22,800.00 22,800.00 Personal Services 302- 110- 0000- 0000- 135R- 61100- 41121- 2-01 494,584.00 494,584.00 Benefits 302- 110- 0000- 0000- 135R- 61110- 42204- 2-01 243,881.89 243,881.89 Professional Services 302- 110- 0000- 1000- 135R- 61310- 43313- 9-00 97,780.77 97,780.77 Professional Tuition 302- 110- 0000- 1000- 135R- 61310- 43382- 0-00 76,000.00 76,000.00 Travel Mileage 302- 110- 0000- 0410- 135R- 61310- 45551- 2-00 2,016.00 2,016.00 Travel Conventions/Education 302- 110- 0000- 1000- 135R- 61310- 45554- 0-00 9,950.00 9,950.00 Materials&Supplies 302- 110- 0000- 1000- 135R- 61310- 46601- 9-00 12,200.00 12,200.00 Personal Services 302- 110- 1101- 1000- 137R- 61310- 41129- 0-01 36,300.00 36,300.00 Benefits 302- 110- 1101- 1000- 137R- 61310- 42201- 0-01 1,500.00 1,500.00 Prof Other Prof Services 302- 110- 1101- 1000- 137R- 61310- 43313- 0-01 62,447.54 62,447.54 Internal Services 302- 110- 1101- 1000- 137R- 62100- 44450- 3-01 1,500.00 1,500.00 Trave 302- 110- 1101- 1000- 137R- 61310- 45551- 9-00 2,000.00 2,000.00 Materials&Supplies 302- 110- 1101- 1000- 137R- 61310- 46613- 3-01 61,324.01 61,324.01 Personal Services 302- 110- 0000- 0000- 138R- 61100- 41138- 9-01 35,800.00 35,800.00 Benefits 302- 110- 0000- 0000- 138R- 61100- 42201- 9-01 12,424.63 12,424.63 Professional Development 302- 110- 0000- 1000- 138R- 61100- 43313- 9-01 29,800.00 29,800.00 Professional Purchased Services 302- 110- 0000- 1000- 138R- 61100- 43381- 9-01 301,141.00 301,141.00 Travel 302- 110- 0000- 1000- 138R- 61310- 45551- 9-00 900.00 900.00 Instructional Material 302- 110- 0000- 0000- 138R- 61100- 46630- 9-01 142,789.00 142,789.00 Teachers 302- 110- 1102- 0350- 139R- 61100- 41121- 3-05 19,950.00 19,950.00 Program Coordinator/Site Manager 302- 110- 1102- 0350- 139R- 61100- 41124- 3-05 34,322.00 34,322.00 Activity Assistants 302- 110- 1102- 0350- 139R- 61100- 41141- 3-05 23,100.00 23,100.00 Social Security 302- 110- 1102- 0350- 139R- 61100- 42201- 3-05 13,102.00 13,102.00 Medical/Dental 302- 110- 1102- 0350- 139R- 61100- 42204- 3-05 2,500.00 2,500.00 Professional Contracted Services 302- 110- 1102- 0350- 139R- 61100- 43313- 3-05 28,625.00 28,625.00 Professional Transportation 302- 110- 1102- 0350- 139R- 61100- 43343- 3-05 33,003.00 33,003.00 Miscellaneous Other 302- 110- 1102- 0350- 139R- 61100- 45586- 3-05 1,610.00 1,610.00 Educational&Recreational Supplies 302- 110- 1102- 0350- 139R- 61100- 46614- 3-'05 5,926.00 5,926.00 Teachers 302- 110- 1102- 0350- 142R- 61100- 41121- 2-'05 32,670.00 32,670.00 Program Coordinator/Site Manager 302- 110- 1102- 0350- 142R- 61100- 41124- 2-'05 37,905.00 37,905.00 Activity Assistants 302- 110- 1102- 0350- 142R- 61100- 41141- 2-'05 29,072.00 29,072.00 Social Security 302- 110- 1102- 0350- 142R- 61100- 42201- 2-'b5 14,111.00 14,111.00 Medical/Dental 302- 110- 1102- 0350- 142R- 61100- 42204- 2-'b5 2,500.00 2,500.00 Professional Contracted Services 302- 110- 1102- 0350- 142R- 61100- 43313- 2-'05 29,290.00 29,290.00 Professional Transportation 302- 110- 1102- 0350- 142R- 61100- 43343- 2-'05 36,080.00 36,080.00 Miscellaneous Other 302- 110- 1102- 0350- 142R- 61100- 45586- 2-'05 1,810.00 1,810.00 Educational&Recreational Supplies 302- 110- 1102- 0350- 142R- 61100- 46614- 2-'05 6,276.00 6,276.00 Teachers 302- 110- 1102- 0340- 149R- 61100- 41121- 215 32,670.00 32,670.00 Program Coordinator/Site Manager 302- 110- 1102- 0340- 149R- 61100- 41124- 2-'05 37,905.00 37,905.00 Activnty Assistants 302- 110- 1102- 0340- 149R- 61100- 41141- 2-'05 29,072.00 29,072.00 Social Security 302- 110- 1102- 0340- 149R- 61100- 42201- 215 14,111.00 14,111.00 Medical/Dental 302- 110- 1102- 0340- 149R- 61100- 42204- 2-'05 2,500.00 2,500.00 Professional Contracted Services 302- 110- 1102- 0340- 149R- 61100- 43313- 2-'05 34,302.00 34,302.00 Professional Transportation 302- 110- 1102- 0340- 149R- 61100- 43343- 2-'05 27,880.00 27,880.00 Miscellaneous Other 302- 110- 1102- 0340- 149R- 61100- 45586- 2-'05 1,666.00 1,666.00 Educational&Recreational Supplies 302- 110- 1102- 0340- 149R- 61100- 46614- 2-'05 9,874.00 9,874.00 Prof Services-Software Licenses 302- 204- 0000- 1000- 367R- 68200- 43386- 9-'00 16,000.00 16,000.00 Original Changes Final REVENUE Budget Requested Budget Federal Grant Receipts 302- 000- 0000- 0000- 132Q- 00000- 38010- 0-00 $7,194,311.09 $568,577.53 $7,162,888.62 Federal Grant Receipts 302- 000- 0000- 0350- 123R- 00000- 38287- 0-00 159,988.00 159,988.00 Federal Grant Receipts 302- 000- 0000- 0000- 132R- 00000- 38010- 0-00 7,836,100.08 7,836,100.08 Federal Grant Receipts 302- 000- 0000- 0000- 135R- 00000- 38367- 0-00 936,412.66 936,412.66 Federal Grant Receipts 302- 000- 0000- 0000- 137R- 00000- 38365- 0-00 165,071.55 165,071.55 Federal Grant Receipts 302- 000- 0000- 0000- 138R- 00000- 38186- 0-00 522,854.63 522,854.63 Federal Grant Receipts 302- 000- 0000- 0350- 139R- 00000- 38287- 0-00 162,138.00 162,138.00 Federal Grant Receipts 302- 000- 0000- 0350- 142R- 00000- 38287- 0-00 189,714.00 189,714.00 Federal Grant Receipts 302- 000- 0000- 0340- 149R- 00000- 38287- 0-00 189,980.00 189,980.00 State Grant Receipts 302- 000- 0000- 0000- 367R- 00000- 32379- 0-00 16,000.00 16,000.00 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 4 OU ROANOKE CITY PUBLIC SCHOOLS Strong Students.Strong Schools.Strong CO. January 18, 2022 School Board The Honorable Sherman P. Lea, Sr., Mayor Lutheria H. Smith and Members of Roanoke City Council Chairperson Roanoke, VA 24011 Dr. Eli C. S. Jamison Vice Chairperson Dear Mayor Lea and Members of Council: Diane M. Casola As a result of official School Board action on Tuesday, January 11, 2022, Mark K. Cathey the Board respectfully requests that City Council approve the following Michael L. Cherry, 11 appropriation requests: Natasha N. Saunders Joyce W. Watkins New Appropriation Award Title IV-B Garden City Elementary School Community Learning B. White Center 2021-22 $159,988.00 Superintendent endent Title I, Part A, Improving Basic Programs 2021-22 $7,836,100.08 Cindy H. Poulton Title II, Part A, Improving Teacher Quality 2021-22 $936,412.66 Clerk of the Board Title III, Part A, Limited English Proficient (LEP) 2021-22 $165,071.55 Title IV, Part A, Student Support and Academic Enrichment 2021-22 $522,854.63 Title IV-B Lucy Addison Middle School Community Learning Center 2021-22 $162,138.00 Title IV-B Westside Elementary School Community Learning Center 2021-22 $189,714.00 Title IV-B Lincoln Terrace Elementary School Community Learning Center 2021-22 $189,980.00 Student Support Performance Analytics 2021-22 $16,000.00 Revised Appropriation Additional Award Title I, Part A, Improving Basic Programs 2020-21 $568,577.53 On behalf of the School Board, thank you for your consideration. Sincerely, -Qr-- _. Cindy H. Poulton, Clerk pc: Tim Spencer Verletta B. White Bob Cowell Kathleen Jackson Amelia Merchant Maryna Mabes (w/details) Lutheria H. Smith CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 18, 2022 Subject: School Board Appropriation Request Background: As the result of official Roanoke City School Board action on Tuesday January 11 , 2022 the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2020-21 Title I, Part A, Improving Basic Programs grant 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 increase in amount of $ 568,577.53 reflects the revised allocation per the Virginia Department of Education. The program will be fully reimbursed by federal funds in amount of $ 7,762,888.62. The grant period will end September 30, 2022. This is a continuing program. The 21st Century Community Learning Center grant (year two of a possible three-year award) supports the development of the Garden City Elementary School Community Learning Center (CLC) in an effort to address the critical attendance, academic, and parental involvement needs of the school in a safe, supervised, and nurturing environment. The Garden City CLC is designed to provide significant expanded learning opportunities after school and during the summer that contribute to reducing violence and drug use while assisting students to meet or exceed local and state standards in core academic subjects. The program will be fully reimbursed by federal funds in amount of $ 159,988.00 and will end September 30, 2022. This is a continuing program. The 2021-22 Title I, Part A, Improving Basic Programs grant 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 program will be fully reimbursed by federal funds in amount of $ 7,836,100.08. The grant period will end September 30, 2023. This is a continuing program. The 2021-22 Title II, Part A, Improving Teacher Quality grant was awarded to Roanoke City Public Schools from federal funding for preparing, training, and recruiting high-quality teachers and principals that are capable. of ensuring all children are prepared to achieve high standards. The program will be fully reimbursed by federal funds in amount of $ 936,412.66. The grant period will end September 30, 2023. This is a continuing program. The 2021-22 Title III, Part A, Limited English Proficient (LEP) grant was awarded to Roanoke City Public Schools from federal funding to support programs to improve the education of limited English proficient children and youth by helping them learn English and meet challenging state content and achievement standards. The program will be fully reimbursed by federal funds in amount of $ 165,071 .55. The grant period will end September 30, 2023. This is a continuing program. The 2021-22 Title IV, Part A, Student Support and Academic Enrichment Federal Programs grant provides federal assistance to Roanoke City Public Schools for improving students' academic achievement. The program aids in increasing the capacity of the school division to provide all students with access to a well-rounded education, to improve school conditions for student learning, and to enhance the use of technology in order to improve the academic achievement and digital literacy of all students. The program will be fully reimbursed by federal funds in amount of $522,854.63. The grant period will end September 30, 2023. This is a continuing program. The 21st Century Community Learning Center grant (year two of a possible three-year award) supports the development of the Lucy Addison Middle School Community Learning Center (CLC) in an effort to address the critical attendance, academic, and parental involvement needs of the school in a safe, supervised, and nurturing environment. The Lucy Addison CLC is designed to provide significant expanded learning opportunities after school and during the summer that contribute to reducing violence and drug use while assisting students to meet or exceed local and state standards in core academic subjects. The program will be fully reimbursed by federal funds in amount of $ 162,138.00 and will end September 30, 2022. This is a continuing program. The 21st Century Community Learning Center grant (year two of a possible three-year award) supports the development of the Westside Elementary School Community Learning Center (CLC) in an effort to address the critical attendance, academic, and parental involvement needs of the school in a safe, supervised, and nurturing environment. The Westside CLC is designed to provide significant expanded learning opportunities after school and during the summer that contribute to reducing violence and drug use while assisting students to meet or exceed local and state standards in core academic subjects. The program will be fully reimbursed by federal funds in amount of $ 189,714.00 and will end September 30, 2022. This is a continuing program. The 21st Century Community Learning Center grant (year two of a possible three-year award) supports the development of the Lincoln Terrace Elementary School Community Learning Center (CLC) in an effort to address the critical attendance, academic, and parental involvement needs of the school in a safe, supervised, and nurturing environment. The Lincoln Terrace CLC is designed to provide significant expanded learning opportunities after school and during the summer that contribute to reducing violence and drug use while assisting students to meet or exceed local and state standards in core academic subjects. The program will be fully reimbursed by federal funds in amount of $ 189,980.00 and will end September 30, 2022. This is a continuing program. Roanoke City Public Schools has received this award from the Virginia Department of Education for the 2021-22 school year to assist the School Division in procuring a student performance analytics system. The analytics system would be intended to support the identification of students who have fallen behind and to aid in addressing learning loss due to the COVD-19 pandemic. The program will be fully reimbursed by state funds in amount of $ 16,000.00 and will end June 30, 2022. 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. Robert S. Cowell,Jr. City Manager Distribution: Council Appointed Officers Verletta White, Superintendent, RCPS Chris Perkins, Chief Operations Officer, RCPS Kathleen M.Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Director of Finance 2 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 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC Deputy City Clerk City Clerk January 20, 2022 John R. Garland 927 Oakwood Drive, S. W. Roanoke, Virginia 24015 Dear Mr. Garland: I am enclosing copy of Ordinance No. 42263-011822 to have the property located at 829 Salem Avenue, S.W., bearing Official Tax Map No.1111009, rezoned from Light Industrial District, to Urban Flex District. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 18, 2022, and is in full force and effect upon its passage. Sincerely, 9"eel_ Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC Deputy City Clerk City Clerk January 20, 2022 Dear Ladies and Gentlemen: I am enclosing copy of Ordinance No. 42263-011822 to have the property located at 829 Salem Avenue, S.W., bearing Official Tax Map No.1111009, rezoned from Light Industrial District, to Urban Flex District. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 18, 2022, and is in full force and effect upon its passage. Sincerely, "C&qtt Cecelia F. McCoy, CMC City Clerk Enclosure PC: Gary L. and Mary Lynch, 6584 Woodbrook Drive, Roanoke, Virginia 24018 REZ Properties, LLC, P. O. Box 1031, Roanoke, Virginia 24005 The Jack Aaron Williams Revocable Living Trust, 110 9th Street, S. W., Roanoke, Virginia 24016 829 Salem Avenue, LLC, P. O. Box 2476, Roanoke, Virginia 24010 The Citadel LLC, P. O. Box 2476, Roanoke, Virginia 24010 Zimmerman Properties LLC, P. O. Box 1031, Roanoke, Virginia 24005 B & M Sheet Metal Shop, Inc., 816 Salem Avenue, S. W., Roanoke, Virginia 24016 Tina Carr, Secretary to the City Planning Commission v� IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 181h day of January 2022. No. 42263-011822. AN ORDINANCE to rezone certain property located at 829 Salem Avenue, S.W., from 1-1, Light Industrial District, to UF, Urban Flex District, and dispensing with the second reading of this ordinance by title. WHEREAS, 829 Salem Avenue, LLC has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 829 Salem Avenue, S.W., bearing Official Tax Map No.I111009, rezoned from I-1, Light Industrial District, to UF, Urban Flex District; 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 January 18, 2022, 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 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, be amended to reflect that Official Tax Map No.I 111009, located at 829 Salem Avenue, S.W., be and is hereby rezoned from I-1, Light Industrial District to UF, Urban Flex District, as set forth in the Zoning Amendment, Original Application dated November 11, 2021. 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. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: .January 18, 2022 Subject: Application by 829 Salem Avenue, LLC, to rezone property located at 829 Salem Avenue SW, bearing Official Tax Map No. 1 1 11009, from 1-1 , Light Industrial District, to UF, Urban Flex District. Summary: By a vote of 6-0, with Commissioner K. Atwood absent, the Commission recommends approval of the rezoning request, finding that the Original Application is consistent with the City's Comprehensive Plan, Downtown Plan 2017, and the Zoning Ordinance as the subject property will be used in a manner appropriate to the surrounding area. Application Information: Request: Rezoning Applicant/Owner: John Garland, 829 Salem Avenue, LLC Agent: N/A City Staff Person: Katharine Gray, Land Use and Urban Design Planner Address: 829 Salem Ave SW Official Tax No: 1111009 Site Area: +/-0.17 acre Relevant Plans: Hurt Park/Mountain View/West End Neighborhood Plan Downtown Plan 2017 Proposed Land Use: Mixed use building Future Land Use: Industrial Filing Date: Original Application: Nov 1 1 , 2021 Background: 829 Salem Ave, SW, is a mixed-use building located a block south of the railroad in an area that has seen large transitions in use over time. Built in 1929, the building at 829 Salem Ave originally functioned as a family grocery store with living quarters on the second floor in an area of residential dwellings. Since the 1950's, the space has served both commercial and industrial uses as the area transitioned to more industrial type uses. The applicant purchased the building in 2020 and obtained a special exception for a mixed use building in 2021 to include commercial space on the first floor and four residential apartments, one-bedroom and studio, on the second floor and at the rear of the building. The renovation is almost complete and includes the addition of a wooden deck and a new paved parking area with seven spaces and a dumpster pad. The commercial space is designed as shell space until a tenant is found. Commercial uses in a mixed use building must be permitted, independently, in the zoning district. The applicant now wishes to lease the apartments as short-term rental units, but as this is not permitted in the 1-1 , Light Industrial District, they are unable to do so without an amendment of the existing zoning. Proposed Use/Development: The applicant proposes to rezone the parcel at 829 Salem Avenue from 1-1 , Light Industrial District, to UF, Urban Flex District. At this time, the applicant has no plans to expand the built structure on the parcel, but to use the existing building and site development. Concept plans show the existing development of the parcels. If the applicant were to further develop the property, the development would be subject to the standards of the UF, Urban Flex District, and supplemental regulations and development standards of the zoning ordinance. The applicant is aware that the commercial uses must be permitted, independently, in the zoning district. Considerations: Compatibility with Surrounding Land Uses: The parcel requested to be rezoned has been used for multiple commercial/residential/industrial uses over many years in an area that has most recently been zoned as an industrial area west of Downtown. The area remains underdeveloped and rezoning to UF, Urban Flex, would start the transformation of an area slated for area-wide rezoning to allow for a broader mixture of uses. ■ To the north is a motor vehicle repair or service establishment on property zoned 1-1 , Light Industrial District. ■ To the east is a mixed-use building with apartments by special exception on property zoned 1-1 , Light Industrial District. ■ To the south is a manufacturing use on property zoned 1-1 , Light Industrial District. ■ To the west are vacant parcels on property zoned 1-1 , Light Industrial District. 2 The future land use plan from the Hurt Park/Mountain View/West End Neighborhood Plan designates this area for industrial use and Downtown Plan 2017 designates this area for Urban Flex zoning. Applicability/Appropriateness of Proposed Zoning District: The purpose of the OF District is to promote high intensity, mixed use development that is economically viable, pedestrian oriented, attractive and harmonious, and contributes to the place-making character of the City. The district is designed to provide new development and redevelopment opportunities in the form of mixed use structures that offer a wide range of complementary land uses. This special purpose district is intended to be applied to underperforming urban industrial areas that have sufficient infrastructure to support mixed-use development. The district provides for a mix of small scale industrial, commercial, institutional, and residential uses. This particular proposal would begin the transformation of the development pattern along Salem Avenue with uses and form that transition well between the downtown area to the east and industrial district west of 10`h Street, as called for in the Downtown Plan 2017. Availability of Other Property: The property sits in an industrial portion of the Salem Avenue corridor that has seen disinvestment over many decades with many structures removed over the past 60 years. Other commercial properties in the immediate vicinity zoned appropriately for a mixed-use building with short-term rental use are not available at this time. Consistency with Comprehensive Plan: City Plan 2040, Hurt Park/Mountain View/West End Neighborhood Plan, and Downtown Plan 2017 support a transition of the West End to a mixed use area that transitions well into the adjoining downtown, residential, and industrial areas. Policy/Action Plan Applicability to matter LBE Policy 4 Action: Require all new Comprehensive OF zoning will allow for an and major redevelopment of Plan', Livable underperforming industrial commercial corridors and commercial Built Environ- area just to the west of centers to compliment and transition ment Theme Downtown to transition to a well into the surrounding mixed-use area supporting a neighborhoods. larger number of uses that transition well to the adjacent City Plan 2040 City of Roanoke. 2020 z Hurt Park/Mountain View/West End Neighborhood Plan City of Roanoke. 2003 3 Downtown Plan 2017 City of Roanoke, 2017 3 Policy/Action Plan Applicability to matter downtown and residential zoning districts. Economic Development: Hurt Park/ The neighborhood plan states Underutilized Industrial Land: Mountain that development of the West • Connectivity: The neighborhood View/ West End End Area should follow the should connect seamlessly to its Neighborhood recommendations of the surrounding areas and complement Plane, pg. 44 Downtown Plan, which them. Development of the Jefferson recommends rezoning the Center/West End area should be done area to UF, Urban Flex in accordance with the Outlook District. Roanoke (Downtown) and Old Southwest Neighborhood Plans. The area just beyond this current Downtown Plan This parcel lies within the western expansion has some active 20172, pg. 28 industrial area between 511 industrial uses but is abundant with Street and 1011 Street, Rorer unused industrial and warehouse Avenue and the railroad tracks buildings. Many of these properties that is recommended to be are still zoned 1-1 , Light Industrial. rezoned to Urban Flex zoning Although it is important to still allow to allow a broader array of some light industrial uses for these appropriate uses in this area. buildings, it seems imperative as Downtown Roanoke expands west to allow a broader array of uses in these buildings, such as mixed use, retail, and residential. The current 1-1 parcels in this area west of downtown should be rezoned to UF, Urban Flex. Comments on Application: Planning Commission Work Session: Outreach to the surrounding community was discussed at the Planning Commission work session. Interdepartmental Comments: General comments were provided from the Western Virginia Water Authority, Fire, and Planning Building and Development departments related to: water and sewer availability, fire code design requirements, building and zoning subdivision requirements, and the permitting process. Public Comments: None received. 4 Public Hearing: No comments received. Conclusions and Recommendations: The principal consideration is whether the proposed rezoning is consistent with City Plan 2040, Hurt Park/Mountain View/West End Neighborhood Plan, and Downtown Plan 2017. The proposed change allows for a historic mixed-use building in an underperforming industrial area to be reused in a manner that is appropriate to the surrounding area. Overall, this proposed change is in keeping with the goals of these plans. SaAAL 44 C., - ------------------------- Sarah Glenn, Vice-Chair City Planning Commission Enclosure: Attachment A, Zoning District Map Distribution: Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager Jillian Papa Moore, Acting Director Planning Building & Development R. Wayne Leftwich, Jr., Planning Commission Agent Timothy Spencer, City Attorney Laura Carini, Senior Assistant City Attorney John Garland, 829 Salem Avenue, LLC 5 t! attt . _ ��QlIlI[* biii!!I �ttt °' iQ�!!t �setlltt! �Itttll .xi StQitt! n � a � � biClltt! btQiitt �� -� ry �QQ![!tt ltQiitt tt QQ t't,9ltit St$iitt � .tlL t�3QCt[tt iiQ!! -w+ 'bQ9lt[! ' itt SQA 'MtczLtt tQ [it �Qttt itsczst![! tt "0 SI 9QbQlti it QQ t Q itt .; Ott! 10fltlttwt Po� b tt �QQiltt QQillt mit 6Q s tQt7tttQ Qtt[t t09ltt! +79t[t! wQ [tjilt! Ilt Q3I £I earn QO!!I io Q '!t! iiii •� LtlL moi ?!!! lIQQ1IlIQtsttit Q"tit *`tw. 0-1_ #,- £L9t9it![[it N cvti j S H 16 , t[t il�Qill �QlQDIII# Ql�I!! Stilt Qi�(11t! Q�?II! � SQSIltt � !� BLQ9I!! tSiitt Q c!!i [t'�j Y Q'Q (lttt► QaJ!!t bOSIt[t t3Qt ItI StI'ew lSiitt «; �b N � III �QSlLEi rOl�tt! bltc?ttt� lu 5,113 VF � � Po le �O..9ttit Zttl z a a it wi Q[it 919011! 4� S HA 0T r?IQ l i i 1 1 bt l I I CD do G!(}lIt Li j[[t -9 wtti v �, 1 �Qittl bQSQptit bi ![l Qiblt[t t*40Zt61 Q Il mitt �. .. C - a o ! v m CL m m E ECD E m v v > L (h i z AC fL j LL LL LL LL v m O N 8i 4 y co rr a v di E T .4 a d ui c C%Fd' d' WIL hj a p ey c O rL <+i uf� 2 LL C] LL i� Mu z z C� 0 � C Q V U U U s s � 2 2 a a a � a � a R � 00aN11 ; IIIa� a N Zoning Amendment Application Department of Planning, Building and Development ROANOKE Room 166,Noel C.Taylor Municipal Building 215 Church Avenue,S.W. Roanoke,Virginia 24011 Click Here to Print Phone: (540)853-1730 Fax: (540)853-1230 Filing Date:1 (l j 2( I Submittal Number: Request'(select A that apply): Rezoning,Not Otherwise Listed ❑Amendment of Proffered Conditions ❑ Rezoning,Conditional ❑Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Praaerty Information:. Address: �Z� SALOK AVE • �.� Official Tax No(s).: (' 069 ExistingI_ ' L�G�T NQUS"r�1�L Without Conditions Ordinance Zoning: - ❑ With Conditions No(s).(If ❑ Planned Unit Development applicable): Requested mAN X Without Conditions Proposed Zoning: ❑ With Conditions Land Use: W 1)4ffp a5e ❑ Planned Unit Development Property Owner.lnformat-hone '� r�// /A A "/ Name: $Zq 54� ,4�IG Wne J6149 QaA'4d i"It Phone Number: � O-53?—T5j( Address: QZ q D,9(�(� Q• S. , RaA JA- adv E-mail: Properly owner Signature: Applicant Information ,If',different�,fra,rw owner): Name: Phone Number: Address: E-mail: Applicants Signature Authorized Atenf'(`nforma�t�on`(�fap�cablel• Name: Phone Number: Address: E-mail: Authorized Agents Signature: Zoning Amendment Application Checklist .a& The following must be submitted for all applications; IvIcompleted application form and checklist. Y'/Written narrative explaining the reason for the request. ✓Metes and bounds description,if applicable. I— Filing fee. For a rezoning not otherwise listed,the following must also be submitted: 100toncept 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. 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. 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: r4 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: r 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. Copy of previously adopted Ordinance. For 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. Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment,the following must also be submitted: 1 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 studybe 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: F Cover sheet. F Traffic impact analysis. (— Concept plan. F Proffered conditions,if applicable. IF Required fee. *An electronic copy of this application and checklist can be found at www.roanokeva.govlplanningcommission. A complete packet must be submitted each time an application is amended,unless otherwise specified by staff. Narrative for 829 Salem Ave The 1929 commercial building at 829 Salem Avenue SW is an example of Main Street Commercial style. The building historically functioned as Murray's Cash Grocery,with 2nd floor space for various members of the Murray Family. By 1955, Mary's Snack Bar occupied the east side of the building. For the last 30 years it had been used for storage by Roanoke Electric Zupply and has fallen into disrepair. The proposed plan is to renovate 829 Salem Ave and provide commercial space at the street level storefronts and 4 residential apartments(2 one-bedroom+2 studio)at the second floor and at the rear. The restoration work will meet National Park Service and Virginia Dept.of Historic Resources standards. There will be no building additions.7 paved parking spaces will be added in the rear,accessed from an existing driveway cut on 9th Street. The proposed re-development is consistent with Roanoke's City Plan 2040 initiatives to promote livable built environment and growth through preservation and context sensitive design.The existing building and infrastructure will be preserved and reused.The restoration is sensitive to the surrounding community by preserving and maintaining the original building scale and relationship to the street and sidewalks.This project maintains the original building in-place with no change in building size,setback, or yard.There is no negative impact on the neighboring community related to water,sewer,flood,or traffic as the demand on infrastructure is in line with the original building's use. The current Industrial Zoning with Special Exception allows Mixed Use with commercial and Apartments. The proposed uses for the commercial 151 floor are all compatible with the existing zoning, as well as the occupancies allowed within the Urban Flex zoning. That includes,office space,food service,general service establishment,tradesman's shop,business service establishments and workshops. The need for Urban Flex zoning is to allow for short-term rental within the 4 apartments,which is permissible within Urban Flex,but not within the Industrial Zoning. The West End area has been an area in transition for many years now,with historic rehabilitation on the rise and the adaptive reuse of buildings for residential use. Examples include the Salvation Army Building next door that was converted to Mixed Use with 18 apartments,the former Blue Ridge Buick dealership at 631 Campbell into 22 apartments and some commercial space,and the former Health Dept building into apartments and a brewery. Additionally,it has been suggested with planners that the West End area was actually more compatible with a change in zoning to Urban Flex. � EXISTING�� EAST ELEVAT IDN `1 PART ELEVATIDN EAST I�PART ELEVATION NORTH I -- ,� —_-- :rF':xricwn�„oa.wr.wp.o.. o a 8 — -- - -- ----- — 0 f ou. o o � EXISTING —I---- - -- 1 �;{�, NDRTH ELEVATION i �.. Via: - �►I� t _�!T ELEVATION 3 NORTH ELEVATIDN SPECTRUM DESIGN RENOVATIONS TO _ \ _ T 829 SALEM AVE EXISTING n ROANOKF.,VA WEST ELEVA710N_ I}k�JJ ..., -,-7 f \ Ll w✓ ELEVATION %T' SOUTH ELEVATION"— BUILDING EL LVA'1'IONS EXISTING V�11 %tA I$RUTH ELEVATION - ;A201 SFIE PLMI NOTFS KEYNOTES' �� AIAi i � z[„ECTRUM DESIGN 9 _ RENOVATIONS TO 829 SALEM AVE 8 SALEM AVE' SITE PLAN ITEr11. IA002 ATTACHMENT A ZONING MAP EXCERPT 829 Salem Avenue SW OFFICIAL TAX MAP NO. 1111009 Legend - � sumer.PrOpeny !�lco�anro�zieu:e _ Zoning I==9. 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L0� �6oZOLLC► 9060L,, CL 90LZLLi sLLZLLL LL ZCSLLLd , LLL 3^b N`� -_ 805LLLl SOLZLCC - ° p1LZL'�L - (1)0 H�b� •� -- �OCZl6 o ZOSLLIC L ECLCCL z o , C,) L'zloLLL ;`' ZLLZLLI 14, LLLZLCL ►W '= _o £ZCOCLL gLapLLL ►- SZLoIL LLti rn is H10t a _ ZZLOLCt m zkRottC 5C80LLC CZIpLCL P080LLLti6oz�6L I W Q � z > O o �_ 3 r o �- r in oc c w w a N C (D rn ° c E T c c > a li G1 c rn a c m a> _ c aai C5 J Z m m L ii ii O O E m O /w c c� o a a� ai (D o c O YIo > y 7 U 7 N N CL d 2 m 2 c c j x (n s s s - 2 2 LL N N 0 d K ami c E E E o c >, c v in in rn Q aNi m y c a n E o E ct m _ x p ayi ayi aNi .g O _ o o U o 3 _D a) N g w � ci O O a U U o C7 20 a) p bz O J N c a Z) X X M n � Q M O Il o Z N 0 Q C1 Q U U U D — — z z a � � � � � � � fr af of 0� � U CO w C 0 0 0 1 N TAXID SFHA FirmPanel Communit),Floodway Assessmen PropertyAr PropertyUS LegalDescr MailAddre!MailCity MailState MailZip 1110913 51161C0lE 0130 930 0.1600 400-Comm LOT 8 BLK :6584 WOO ROANOKE VA 24018 1110922 51161C0lE 0130 930 0.1666 140-Comm LOT 8 BLK PO BOX 10 ROANOKE VA 24005 1111001 51161C0lE 0130 930 0.1735 400-Comm LOT 9 BL 110 9TH ST ROANOKE VA 24016 1111009 51161C0lE 0130 930 0.1724 400-Comm LOT 1 Bl PO BOX 24 ROANOKE VA 24010 1111011 51161C0lE 0130 930 1.0238 400-Comm LOT 4A BL PO BOX 24 ROANOKE VA 24010 1111508 51161C0lE 0130 930 0.1306 140-Comm LOT 9 & N :PO BOX 10 ROANOKE VA 24005 1111601 51161C0lE 0130 930 0.1094 140-Comm PT LOT 16 816 SALEM ROANOKE VA 24016 1111602 51161C0lE 0130 930 0.1094 140-Comm N PT LOT 1 816 SALEM ROANOKE VA 24016 LocalAddre LocalCity LocalZip Ownerl Owner2 Zoning Assessmen LandValue ImprovemE TotalValue YearBuilt BuildingTyf Stories 902 NORFC ROANOKE 24016 LYNCH GAF LYNCH GAF 1-1 01/01/202 8600 31900 40500 1942 Small Shop 1 0 SALEM A'ROANOKE REZ PROPE REZ PROPE 1-1 01/01/202 11400 0 11400 110 9TH ST ROANOKE 24016 THE JACK A THE JACK A 1-1 01/01/20210000 67100 77100 1961 Service Gar 1 829 SALEM ROANOKE 24016 829 SALEM 829 SALEM 1-1 03/25/20211800 19000 30800 1933 General Re 2 821 SALEM ROANOKE 24016 THE CITADI THE CITADI 1-1 01/01/202 66200 1568300 1634500 1942 Apartment 2 0 SALEM A'ROANOKE ZIMMERM,ZIMMERM4 1-1 01/01/202 8900 0 8900 0 SALEM A'ROANOKE B & M SHEI B & M SHEI 1-1 01/01/202 7100 0 7100 0 SALEM A'ROANOKE B & M SHEI B & M SHEI 1-1 01/01/202.7100 0 7100 ExteriorDe!FinishedSiz Foundatior STRUCTURI Lowe rSplit]Lowe rFinisl TotaIRoom Tota IBed ro Attic AtticFin BasementA BasementF RoofStyle 1350 Fire Resistz 0 None 4 2281 Fire Resistz 0 None 1 4038 Fire Resistz 0 None 1482 0 1 12546 Fire Resistz 0 None 4346 0 1 RoofCover HeatingTyp CentralAir TwoFixture ThreeFixtui FourFixturE FiveFixture AttachedG;DetachedG AttachedCz Basement(EnclosedPc OpenPorch 1350 sf N 2281 sf N 4038 sf N 0 sf N WoodDeck Otherlmpr(Otherlmpr(Otherlmpr(Otherlmpr(LastSaleDa LastSaleAmt 07/22/200130500 01/20/20010 09/20/201.0 08/05/202180000 08/18/20210 01/01/20010 07/04/17710 07/04/17710 AFFIDAVIT REQUEST: Application by 829 Salem Avenue, LLC,to rezone property located at 829 Salem Avenue SW, bearing Official Tax Map No. 1111009, from I-1, Light Industrial District,to UF,Urban Flex District. The land use categories permitted in OF include residential; accommodations and group living; commercial; industrial; warehousing and distribution; assembly and entertainment;public, institutional and community facilities; transportation;utility uses and structures; agricultural; and accessory,but does not specify density. The comprehensive plan designates the property for industrial use and Downtown Plan 2017 designates the property for rezoning to urban flex. The proposed use is mixed use building. COMMONWEALTH OF VIRGINIA ) )TO-WIT: CITY OF ROANOKE ) The affiant,Tina M. Carr, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended,on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail this! ,t^ 2021, notices of a public hearing to be held on this I OfV101-2022, on t e request captioned above to the owner or agent of the parcels as set ou on the attached. Tina M. Carr S SCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,this C day of 2021. \NpSAY g4ys�+,�� Notar ubli ;o:• AFG Vel 9y:�, . 02/_ jy O F V\� .% • '�I$IIII1%%1� PLANNING BUILDING AND DEVELOPMENT Noel C. Taylor Municipal Building 215 Church Avenue SW, Room 170 Roanoke, Virginia 24011 Phone: 540.853.1730 ROAN O K E Email: plannin �roanokeva. oovv December 21 , 2021 Dear Adjoining Property Owner and/or Interested Party: Application by 829 Salem Avenue, LLC, to rezone property located at 829 Salem Avenue SW, bearing Official Tax Map No. 1111009, from 1-1, Light Industrial District, to UF, Urban Flex District. The land use categories permitted in OF include residential; accommodations and group living; commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility uses and structures; agricultural; and accessory, but does not specify density. The comprehensive plan designates the property for industrial use and Downtown Plan 2017 designates the property for rezoning to urban flex. The proposed use is mixed use building. The complete application can be viewed on the Planning, Building, & Development website at http.//roanokeva..gov/1088/Planninq-Commission. The Roanoke City Planning Commission is scheduled to consider the application described above at its public hearing: Monday, January 10, 2022, 1:30 p.m. City Council Chamber, Room 450, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, VA 24011 All persons wishing to address the Planning Commission must sign-up with the Secretary to the Planning Commission by emailing planninq(a)roanokeva.gov or by calling (540)853-1330 by noon, Wednesday, January 5, 2022. If requested, persons who register to speak will be provided with information to present their testimony via electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at planningCa)roanokeva.gov by noon, Wednesday, January 5, 2022. Citizens are advised that the date on which citizens may register to speak or make comment is a departure from the usual date. According to real estate records, you own property that is adjoining the subject property or are an interested party. If you care to make any comments concerning this request, you are welcome to register to speak at the meeting or email your comments to the Secretary to the Planning Commission, as described above. To determine if there are changes to the status of this request, please see the agenda package for the Planning Commission public hearing, which will be posted online at http://roanokeva.gov/1088/Planninq-Commission one week prior to the hearing or contact me at (540) 853-1330 for additional information. Very truly yours, Tina M. Carr Secretary to the Planning Commission Any person with a disability requiring any special accommodation to participate in the meeting should contact Planning, Building,& Development at(540)853-1730. The Roanoke Times Account Number Roanoke,Virginia 6011439 Affidavit of Publication Date 71 CITY OF ROANOKE-PDB January 25,2022 Attn TINACARR 215 CHURCH AVE ROOM 166 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 01/13/2022 Trustee Sales PUBLIC HEARING NOTICE Any public hearings advertised hi 1 x 220 L 2,076.40 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: 12/28,01/04/2022 The First insertion being given... 12/28/2021 Newspaper reference: 0001291382 Billing Representative Sworn to and subscribed before me this 25th Day of January 2022 Notary Public Crystal Mickart'P Public Notary State of Virginia Commonwealth of Virginia Reg.No.7932290 County of Hanover My Comm.Expires June 30,2025 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 SW,Roanoke,Virginia. This public hearing may be conducted by electronic communication means due to the COVID-19 pandemic disaster. Persons registered to speak may request information to present their testimony via electronic communication means, as described below. Citizens who register will be provided information to present their testimony in person or via electronic communications means should the public hearing be conducted by electronic communications means due to the COVID-19 pandemic disaster.All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online at hitps:// roanokeva.gov/2019/Commissions or may be obtained digitally by emailing alannina@roanokeva.00v. If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853-2541,by noon,Friday.January 7,2022. Cecelia F.McCoy,CMC,City Clerk The City of Roanoke Planning Commission will hold a public hearing on January 10,2022,at 1:30 p.m.,or as soon thereafter as the matters may be heard, to consider the following matters. All persons wishing to address the Planning Commission must sign-up with the Secretary to the Planning Commission by emailing planning,:@roanokeva.gov or by calling (540)853-1330 by noon, Wednesday, January 5,2022. If requested,persons who register to speak will be provided with information to present their testimony via electronic communication means. Written comments of interested persons will be received by the secretary to the Planning Commission at R anningCw roanokeva.gov by noon, Wednesday. January 5,2022. Application by 829 Salem Avenue,I.I.C. to rezone property located at B29 Salem Avenue SW,bearing Official Tax Map No. 1111009, from 1.1, Light Industrial District, to UF, Urban Flex District The land use categories permitted in OF include residential; accommodations and group living; commercial; industrial; warehousing and distribution; assembly and entertainment;public,institutional and community facilities; transportation; utility uses and structures;agricultural; and accessory, but does not specify density. The comprehensive plan designates the property for industrial use and Downtown Plan 2017 designates the property for rezoning to urban flex. The proposed use is mixed use building. Application by the School Board of the City of Roanoke to amend the Institutional Planned Unit Development Plan ("Plan') as a part of a previous rezoning at 3601 Femcliff Avenue NW, bearing Official Tax Map No.6460102, through the adoption of Ordinance No. 38613-092109 on September 21, 2009. Amendments to the Plan include changes in uses of particular buildings and additional support buildings and parking. Zoning of the property will remain INPUD, Institutional Planned Unit Development District,and includes residential; accommodations and group living; commercial; assembly and entertainment;public,institutional and community facilities; transportation; utility; agricultural; solar; and accessory; with maximum density as specified on the planned unit development plan. The comprehensive plan designates the property for park/open space/public, but does not specify density. The proposed use of the property remains unchanged. Application by the School Board of the City of Roanoke to vacate Truman Avenue, a street adjacent to 3837 Williamson Road NW, bearing Official Tax Map No.2090601,and 0 Williamson Road NW,bearing Official Tax Map No. 2090701. Truman Avenue is approximately 381 linear feet,running northeast from the intersection of Williamson Road NW,ending in a cul- de-sac adjacent to 3901 Williamson Road NW,bearing Official Tax Map No. 2091201. Tina M.Carr,Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on January 18, 2022,at 7:00 p.m.,or as soon thereafter as the matter may be heard in the City Council Chamber, fourth floor, Room 450,Noel C.Taylor Municipal Building, 215 Church Avenue SW, 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. All persons wishing to address City Council may sign-up online at www.roanokeya.gov/council. In order to sign up,the form to speak before City Council may be accessed under the tab"Sign Up Form to Speak Before Council" on the left of the screen. Sign up forms must be received by noon on Tuesday,January 18, 2022. In the event the public hearing Is conducted by electronic communication means due to the COVID-19 pandemic disaster,you will be notified by the City Clerk's Office. For further information, you may contact the Office of the City Clerk at (540)853.2541. Cecelia F.McCoy,CMC,City Clerk The tally of Roanoke Board of Zoning Appeals will hold a public hearing on January 12,2022, at 1:00 pm., or as soon thereafter as the matters may be heard, to consider the following applications. All persons wishing to address the Board of Zoning Appeals must sign-up with the Secretary to the Board of Zoning Appeals by emailing planning@roanokeva.gov or by calling (540)853.1730 by noon,Friday,January 7, 2022. If requested, persons who rIster to speak will be provided with nfo irmation to present their testimony via electronic communication means. Written comments of interested persons will be received by the Secretary to the Board of Zoning Appeals at planning@roanokeva.gov on or prior to noon, Friday, January 7, 2022. Application by Fxquisito G&M,Inc.,for property located at 2623 Peters Creek Road NW,bearing Official Tax Map No. 6370102, for a special exception pursuant to Section 368.315,Zoning, Code of the City of Roanoke(1979),as amended, to permit eating and drinking establishment, abutting a residential district. Application by Fxquisito G&M,Inc.,for property located at 2623 Peters Creek Road NW,bearing Official Tax Map No. 6370102, for a special exception pursuant to Section 362-315,Zoning, Code of the City of Roanoke(1979),as amended,to permit an entertainment establishment, abutting a residential district. Application by Robert and Catherine Hartman,for property located at 810 Welton Avenue SW. bearing Official Tax Map No. 1250142, for a special exception pursuant to Section 362-311, Zoning, Code of the City of Roanoke (1979), as amended to permit a dwelling,two-family. Tina M.Carr,Secretary,City Board of Zoning Appeals (1291382) 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 SW, Roanoke, Virginia. This public hearing may be conducted by electronic communication means due to the COVID-19 pandemic disaster. Persons registered to speak may request information to present their testimony via electronic communication means, as described below. Citizens who register will be provided information to present their testimony in person or via electronic communications means should the public hearing be conducted by electronic communications means due to the COVID-19 pandemic disaster. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online at https•//roanokeva.gov/2019/Commissions or may be obtained digitally by emailing planningLu�roanokeva.gov. If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853-2541,by noon, Friday, January 7, 2022. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Planning Commission will hold a public hearing on January 10, 2022, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters. All persons wishing to address the Planning Commission must sign-up with the Secretary to the Planning Commission by emailing planning(Ytroanokeva.gov or by calling (540)853-1330 by noon, Wednesday, January 5, 2022. If requested, persons who register to speak will be provided with information to present their testimony via electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at planning a)roanokeva.gov by noon, Wednesday, January 5, 2022. Application by 829 Salem Avenue, LLC, to rezone property located at 829 Salem Avenue SW, bearing Official Tax Map No. 1111009, from 1-1, Light Industrial District, to UF, Urban Flex District. The land use categories permitted in OF include residential; accommodations and group living; commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility uses and structures; agricultural; and accessory, but does not specify density. The comprehensive plan designates the property for industrial use and Downtown Plan 2017 designates the property for rezoning to urban flex. The proposed use is mixed use building. Application by the School Board of the City of Roanoke to amend the Institutional Planned Unit Development Plan ("Plan") as a part of a previous rezoning at 3601 Ferncliff Avenue NW, bearing Official Tax Map No. 6460102, through the adoption of Ordinance No. 38613-092109 on September 21, 2009. Amendments to the Plan include changes in uses of particular buildings and additional support buildings and parking. Zoning of the property will remain INPUD, Institutional Planned Unit Development District, and includes residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; solar; and accessory; with maximum density as specified on the planned unit development plan. The comprehensive plan designates the property for park/open space/public,but does not specify density. The proposed use of the property remains unchanged. Application by the School Board of the City of Roanoke to vacate Truman Avenue, a street adjacent to 3837 Williamson Road NW,bearing Official Tax Map No. 2090601, and 0 Williamson Road NW, bearing Official Tax Map No. 2090701. Truman Avenue is approximately 381 linear feet, running northeast from the intersection of Williamson Road NW, ending in a cul-de-sac adjacent to 3901 Williamson Road NW,bearing Official Tax Map No. 2091201. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on January 18, 2022, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Room 450,Noel C. Taylor Municipal Building, 215 Church Avenue SW, 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. All persons wishing to address City Council may sign-up online at www.roanokeva.gov/council. In order to sign up,the form to speak before City Council may be accessed under the tab "Sign Up Form to Speak Before Council" on the left of the screen. Sign up forms must be received by noon on Tuesday, January 18, 2022. In the event the public hearing is conducted by electronic communication means due to the COVID-19 pandemic disaster, you will be notified by the City Clerk's Office. For further information, you may contact the Office of the City Clerk at (540)853-2541. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on January 12, 2022, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider the following applications. All persons wishing to address the Board of Zoning Appeals must sign-up with the Secretary to the Board of Zoning Appeals by emailing planning(uroanokeva.gov or by calling (540)853-1730 by noon, Friday, January 7, 2022. If requested, persons who register to speak will be provided with information to present their testimony via electronic communication means. Written comments of interested persons will be received by the Secretary to the Board of Zoning Appeals at planningLcbroanokeva.gov on or prior to noon, Friday, January 7, 2022. Application by Exquisito G&M, Inc., for property located at 2623 Peters Creek Road NW, bearing Official Tax Map No. 6370102, for a special exception pursuant to Section 36.2-315, Zoning, Code of the City of Roanoke (1979), as amended, to permit eating and drinking establishment, abutting a residential district. Application by Exquisito G&M, Inc., for property located at 2623 Peters Creek Road NW, bearing Official Tax Map No. 6370102, for a special exception pursuant to Section 36.2-315, Zoning, Code of the City of Roanoke(1979), as amended, to permit an entertainment establishment, abutting a residential district. Application by Robert and Catherine Hartman, for property located at 810 Welton Avenue SW, bearing Official Tax Map No. 1250142, for a special exception pursuant to Section 36.2-311, Zoning, Code of the City of Roanoke (1979), as amended, to permit a dwelling, two-family. Tina M. Carr, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, December 28, 2021, and Tuesday, January 4, 2022. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Secretary to the Board of Zoning Appeals 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�roanokeva.yov Please send affidavit of publication to: Cecelia F. McCoy, CMC, City Clerk 215 Church Avenue SW, Suite 456 Noel C. Taylor Municipal Building Roanoke,Virginia 24011-1536 540/853-2541 CITY OF ROANOKE r OFFICE OF THECITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerkCroanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk January 3, 2022 John R. Garland 927 Oakwood Drive, S. W. Roanoke, Virginia 24015 Dear Mr. Garland: A public hearing has been advertised to be heard by the City Planning Commission on Monday, January 10 at 1:30 p.m. in regard to your request by 829 Salem Avenue, LLC, to rezone property located at 829 Salem Avenue, S. W., from Light Industrial District to Urban Flex District. The land use categories permitted in Urban Flex include residential; accommodations and group living; commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility uses and structures; agricultural; and accessory, but does not specify density. (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, January 18 at 7:00 p.m., 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, January 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 City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: derk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk January 3, 2022 Dear Ladies and Gentlemen: A public hearing has been advertised to be heard by the City Planning Commission on Monday, January 10 at 1:30 p.m. in regard to a request by 829 Salem Avenue, LLC, to rezone property located at 829 Salem Avenue, S. W., from Light Industrial District to Urban Flex District. The land use categories permitted in Urban Flex include residential; accommodations and group living; commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility uses and structures; agricultural; and accessory, but does not specify density. (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, January 18 at 7:00 p.m., 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, January 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, CMC City Clerk Enclosure Adjoining Property Owners and Interested Parties January 3, 2022 Page 2 pc: Gary L. and Mary Lynch, 6584 Woodbrook Drive, Roanoke, Virginia 24018 REZ Properties, LLC, P. O. Box 1031, Roanoke, Virginia 24005 The Jack Aaron Williams Revocable Living Trust, 110 9th Street, S. W., Roanoke, Virginia 24016 829 Salem Avenue, LLC, P. O. Box 2476, Roanoke, Virginia 24010 The Citadel LLC, P. O. Box 2476, Roanoke, Virginia 24010 Zimmerman Properties LLC, P. O. Box 1031, Roanoke, Virginia 24005 B & M Sheet Metal Shop, Inc., 816 Salem Avenue, S. W., Roanoke, Virginia 24016 Tina Carr, Secretary to the City Planning Commission CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk January 20, 2022 Jack Ellinwood, L. A. Parker Design Group, Inc. 2122 Carolina Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Ellinwood: I am enclosing copy of Ordinance No. 42264-011822 amending the Institutional Planned Unit Development (INPUD) development plan, previously adopted under Ordinance No. 38613-092109, on September 21, 2009, as it pertains to property located at 3601 Ferncliff Avenue, N.W. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 15, 2021, and is in full force and effect upon its passage. Sincerely, Nej—&'_ "g. qw&� Cecelia F. McCoy, CMC City Clerk Enclosure c: Chris Perkins, Chief Operations Officer, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Bob Cowell, City Manager, City of Roanoke, 215 Church Avenue, Room 364, Roanoke, Virginia 24011 Tina Carr, Secretary to the City Planning Commission CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk January 20, 2022 Dear Ladies and Gentlemen: am enclosing copy of Ordinance No. 42264-011822 amending the Institutional Planned Unit Development (INPUD) development plan, previously adopted under Ordinance No. 38613-092109, on September 21, 2009, as it pertains to property located at 3601 Ferncliff Avenue, N.W. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 18, 2022, and is in full force and effect upon its passage. Sincerely, otvl'�J. VXd44_T Cecelia F. McCoy, CMC City Clerk Enclosure pc: Vernard R. Keeling, 2074 Fairhope Road, N. W., Roanoke, Virginia 24017 Bradley L. Campbell, 2073 Fairhope Road, N. W., Roanoke, Virginia 24017 Kansas Blair King, 2062 Routt Road, N. W., Roanoke, Virginia 24017 Kingdom Harvest Church International, 3433 Ferncliff Avenue, N. W., Roanoke, Virginia 24017 James Mulinda, P. O. Box 14093, Roanoke, Virginia 24038 Ferncliff North Preservation LP, 2200 N. Commerce Parkway, Suite 100, Weston, Florida 33326 Ferncliff South Preservation LP, 60 Columbus Circle, 19th Floor, New York, New York 10023 MGB Properties Virginia LLC, 1112 16th Street, N. W, Suite 900, Washington, DC 20015 Hoback Properties LLC, P. O. Box 38427, Pittsburgh, Pennsylvania 15238 KRE Hip Court Roanoke Owner LLC, c/o Kohlberg Kravis Roberts & Co LP, New York, NY 10001 Gray Television Group, Inc., 4370 Peachtree Road, N. E., Atlanta, Georgia 30319 Blue Ridge Multi-Family LLC; 108 State Street, Suite 300, Greensboro, North Carolina 27408 KRE Hip Res Roanoke Owner LLC, c/o Kohlberg Kravis Roberts & Co LP, New York, New York 10001 Adjoining Property Owners and Interested Parties Page 2 January 20, 2022 pc: Freeway Partners LLC, P. O. Box 6120, Lynchburg, Virginia 24505 Briar Oak Investments VII LLC, c/o Poe & Cronk Real Estate Group, 10 S Jefferson St Suite 1200, Roanoke, Virginia 24011 City of Roanoke, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Roanoke Airport Hotel Partners, LLC, 11541 Nuckols Road, Suite D, Glen Allen, Virginia 23059 R. E. Sterlingwood Aparments LLC, 2215 Montauk Road, N. W., Roanoke, Virginia 24017 City of Roanoke Virginia, P. O. Box 1451, Roanoke, Virginia 24007 Countryside Sportsplex Inc., 1529 Williamson Road, N. E., Roanoke, Virginia 24012 Tina Carr, Secretary to the City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 181h day of January 2022. No. 42264-011822. AN ORDINANCE to amend the Institutional Planned Unit Development (INPUD) development plan, previously adopted under Ordinance No. 38613-092109, on September 21, 2009, as it pertains to property located at 3601 Femcliff Avenue, N.W., bearing Official Tax Map No. 6460102; and dispensing with the second reading of this Ordinance by title. WHEREAS, Chris Perkins, on behalf of the School Board of the City of Roanoke, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend the INPUD development plan, previously adopted under Ordinance No. 38613-092109, on September 21, 2009, as it pertains to the property located at 3601 Ferncliff Avenue, N.W., bearing Official Tax Map No.6460102; 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 January 18, 2022, 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 Institutional 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, Amended Application No.1, dated December 17, 2021, 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 the amendment of the Institutional Planned Unit Development Plan, as it pertains to the property located at 3601 Ferncliff Avenue, N.W., bearing Official Tax Map No.6460102, as set forth in the Zoning Amendment, Amended Application No.1, dated December 17, 2021. 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: CUz& . City Clerk. - - 2 �~ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 18, 2022 Subject: Application by the School Board of the City of Roanoke to amend the Institutional Planned Unit Development Plan ("Plan") as a part of a previous rezoning at 3601 Ferncliff Avenue NW, bearing Official Tax Map No. 6460102, through the adoption of Ordinance No. 38613- 092109 on September 21 , 2009. Summary: By a vote of 5-0, with Commissioner K. Atwood absent and Commissioner J. Smith recusing himself from the proceedings, the Commission recommends approval of the rezoning request, finding that the Amended Application No.l is consistent with the City's Comprehensive Plan, Peters Creek North Neighborhood Plan, and the Zoning Ordinance as the subject property will continue to be developed and used in a manner appropriate to the surrounding area. Application Information: Request: Amending Planned Unit Development Plan Applicant: Chris Perkins, Roanoke City Public Schools Owner: Bob Cowell, City of Roanoke Agent: Jack Ellinwood, Parker Design Group, Inc. City Staff Person: Katharine Gray, Land Use and Urban Design Planner Address: 3601 Ferncliff Avenue NW Official Tax Nos.: 6460102 Site Area: Approximately 59 acres Relevant Plans: Peters Creek North Neighborhood Plan Proposed Land Use: Educational facilities, government offices and facilities, accessory uses (full list—page 2 Proposed Development) Future Land Use: Park/Open Space/Public Filing Date: Original Application: November 30, 2021 Amended Application No.l : December 17, 2021 Background: The school campus has been operating continuously on the property along Ferncliff Avenue NW since the late 1950's. William Fleming High School occupies the northern portion of the campus and Ruffner Middle School occupied the southern portion. Over the years, there have been various buildings and site development supporting these schools with a new high school facility completed in 2009. Since that time, the Planned Unit Development plan has been amended to allow for: ■ Removal of Lawson Hall and the Employee Health Clinic to allow for additional athletic facilities for William Fleming High School ■ Removal of the School for the Arts facility and associated site development for a new multipurpose field ■ Change of use for the previous Ruffner Middle School facility to government offices and facilities (maintenance offices and a workroom; culinary service offices; server and IT offices; professional development classrooms; and assessment scoring offices) The school system now desires to use the previous Ruffner Middle School facility for educational purposes with a new center for technical education in addition to the government offices and facilities currently there. Proposed Use/Development: The proposed amendment to the INPUD plan is specifically related to the addition of a center for technical education for the high school campus within the previous Ruffner Middle School facility and new support buildings. Minor additions will be made to the existing school facility, such as canopy and courtyard upgrades, and new support buildings are proposed to be added in the rear with additional parking. Proposed uses for the overall campus remain as follows: ■ Educational facilities: elementary/middle/secondary, college/university, business school or non-industrial trade school, school for the arts. ■ Government offices or other government facility, not otherwise listed ■ Office, general or professional ■ Recreation, outdoor ■ Sports stadium, arena, or coliseum ■ Outdoor recreation facility lighting or sports stadium lighting, by special exception only (existing approved by special exception) ■ Accessory uses, not otherwise listed All development must be in substantial conformance with the development plan and other pertinent elements of the zoning ordinance. 2 Considerations: Compatibility with Surrounding Land Uses: The property is an institutional campus that contains a high school facility and accessory sports stadium, field house, practice fields, tennis courts, government offices and facilities, and accessory uses. The proposed development of the property only affects a small portion of the campus: the center for technical education, support buildings, and parking within the southeastern portion of the site. ■ To the west are multifamily dwellings and vacant land on property zoned RMF, Residential Multifamily, and INPUD, Institutional Planned Unit Development, with single-family residential dwellings beyond. ■ To the north are soccer fields and multifamily dwellings on property zoned ROS, Residential and Open Space, and RMF, Residential Multifamily. ■ To the east are a manufacturing facility and hotel on property zoned 1-1 , Light Industrial, and CLS, Commercial-Large Site. ■ To the south are retail sales establishments on property zoned CLS, Commercial-Large Site. The future land use map from the Peters Creek North Neighborhood Plan envisioned this entire development as a property to be used for park, open space, and public use. As a planned unit development, the development must be in substantial conformance with the development plan and other pertinent elements of the zoning ordinance. Applicability/Appropriateness of Proposed Zoning District: The purposes of the INPUD District are to encourage harmonious development of institutional uses and mixed-use campus developments, to provide flexibility for creative development, to minimize potential negative impacts of institutional uses on neighboring uses, and to recognize the special complexity and interrelationships of land uses and activities in these institutional complexes. The overall appearance of the campus will remain the same with minor additions to existing buildings along Ferncliff Avenue NW with new support buildings and site development set behind them. Availability of Other Property: The school campus has been situated on the property at 3601 Ferncliff Avenue NW since the late 1950's. Over decades, the school property has been modified to accommodate the changes in education and auxiliary uses supported by the community. The proposed amendment to the INPUD plan is specifically related to the addition of a center for technical education at the high school campus within existing buildings and new support buildings. As the career center directly supports the school, there is no other suitable property with INPUD zoning in the vicinity. 3 Consistency with Comprehensive Plan: Both City Plan 2040 and the Peters Creek North Neighborhood Plan emphasize the importance of education for the overall well-being of members of the community. The new center for technical education is proposed to be located within the INPUD campus that serves as the center of learning for this area of the City. The amendment of the planned unit development plan will allow for flexibility in building use to accommodate the new center while retaining most existing campus buildings and site development and adding support buildings and site development behind the new center. Policy/Action Plan Applicability to matter Interwoven Equity Comprehensive The center for technical Priority Two: Break the Cycle of Plan', pg. 37 education will provide students Poverty at the northern high school Policy 4: Provide quality education for campus an equal opportunity all residents. for a well-rounded education within one campus. Livable Built Environment Comprehensive Reusing the existing school Priority One: Growth Through Preser- Plan, pg. 78 facilities for the new center for vation and Context Sensitive Design technical education keeps the Policy 1 : Encourage development, existing campus relationship redevelopment, and revitalization with the adjoining residential through preservation and context area with the new building sensitive design additions to the rear. Resilient Economy Comprehensive The addition of a center for Priority Five: Align Economic Plan, pg. 102 technical education at the Development with Workforce northern high school campus, Development Systems. will provide better educational Policy 1 : Education, workforce opportunities for students to development, economic development, prepare for a variety of jobs and the private sector will work within the workforce. toward shared goals for the preparation of our workforce. Quality of Life Policies: Peters Creek The new center for technical Encourage overall improvement of North education will increase the neighborhood appearance. Neighborhood educational offerings at the Plan 2, pg. 36 school campus with minimal changes to the existing buildings along Ferncliff Avenue and new support buildings and site development behind them. City Plan 2040 City of Roanoke, 2020 Z Peters Creek North Neighborhood Plan City of Roanoke, 2002 4 Comments on Application: Planning Commission Work Session: The following items were discussed in the Planning Commission Work Session. ■ Outreach to community is recommended ■ Specific use building labeling reduces flexibility of use; remove particular use labels from buildings when the group of buildings will be used for multiple purposes ■ Additional information is needed for the new proposed building (structures' height, bulk, and location) The applicant submitted Amended Applications No.l to address the concerns noted above. Interdepartmental Comments: General comments were provided from the Western Virginia Water Authority, Fire, and Planning Building and Development departments related to: water and sewer availability, fire code design requirements, building and zoning subdivision requirements, and the permitting process. Public Comments: None received. Public Hearing: No comments received. Conclusions and Recommendations: The proposed amendment of the planned unit development plan is consistent with the general layout, design and uses shown on the current plan and is consistent with the policies of City Plan 2040 and the Peters Creek North Neighborhood Plan. The proposed change allows for flexibility of use in buildings on the INPUD campus and adds support buildings and site development in a manner that is appropriate to the surrounding area. Sao,0,x, 94M-1a ---------------------------/-6n L Sarah Glenn, Vice-Chair City Planning Commission S Enclosure: Attachment A, Zoning District Map Distribution: Robert S. Cowell, .Jr., City Manager W. Brent Robertson, Assistant City Manager Jillian Papa Moore, Acting Director Planning Building & Development R. Wayne Leftwich, ,Jr., Planning Commission Agent Timothy Spencer, City Attorney Laura Carini, Senior Assistant City Attorney Chris Perkins, Roanoke City Public Schools Jack Ellinwood, Parker Design Group, Inc. 6 Zoning Amendment Application DoWVnent of Planning,Building and Development R OA N O K E Room 166,Noel C.T#w Nlurddpal Bung 215 Church Avenue,S.W. Roan*W,Virginia 24011 CSdc HMO to Prhd _ Phone: (540)853-1730 Fax: 540)853-1230 Flung Data.�-1211712021 Sutxr"Number =Amended Application No.1 F t Ramming,Not Otherwiae Listed ❑Amendment of Proffered Conditions ❑Rezoning,Conditlonal D Amendnrent of Planned Unit Devetopnant Plan Rezoning l4 Planned Unit Develop Tod ❑Amendment of Canprehensive Sign Overlay Dlstrict []Eata whment of Comprehensive Sign Overlay DMict 'Pralway Address: €3601 Femcliff Avenue,NW,Roanoke,VA 24017 OEM Taff No(s).: 6460102 _ (11 __. __ _—_ [ Wrdtorrt Conditiwre O�� j Exisfing 138613-092109 Zoning: INPUD,Instttuoonal Planned Unit Devel ❑Wilh Conditions oWc bl t18a98-061509 cable : Q Planned Urnit nt ) i Re0 Conditions Prop038d �5ee attaed narrat3�re and Zoning: INPUD,Institutional Planned Unit Development D With Conditions Land Use. � uae list. Planned Unit Development - I Now. City of Roanoke-Bob Cowell,City Manager Phorre Number.I +1(560)853-2333 L Addy 21 rch A 364,Roanoke VA 24011 1 E-mall: bob.t ovvell@roanokeva gcv Name: Chrls Perkins-Roanoke City Public Schools _! Phone Number. +1(540)853-2382 Address: �0 Douglass A ,fit nuke;VA 24012 E-mail cc�rklns�rcps.info Lr Name: Parker Design Group,Ink Jack Ellknwood,LA. + Phone Number +1(540)387.1153 E-mat lnwoodoparkerd Address: 12122 Carolina Avenue,SW �ellg.com �srr3t�Ris' Zoning Amendment Application Checklist The"loft nmattMs iea-10an ,,: ROANOKE pZ C*v#"sXbMnbrmSndchWW 6Z written rrseadve explelrtg the reason forth@ request. r Mabs and bounds description.If applicable. PZ FlI ft fee. For a mmwhV riot olhmy*o NoWd,the Moe%must aW be submllted r- Concept pian mating the Appftkn RequbemeMs of item'2(c)'in Toning Amendment Procedures. For a=W*00d re MID9,gxt bky*V and disc be>ro6niAld: r Written pmffes. See the City's Guide m Proffered Conditions. r Concept plan=oft the Appficeft Requlreritarrfs of Rem'7.(cp in Zoning Amendment Procedures. PIeM 169188 'deve>apnrentp1mYif'ptoifered. _r For a plWmad trait cweioprnent,fe bask mtW 8100 6e r atbted' r•Development plant meeting the requirernerde of Section 36.2,26 oftie Cdttfe Zoning Ordinance. For a compmlhetilelhn ep mutt be atbmitted:,: r Comprehensive dme pian medng the rewminents of Se*n 362-MOP of the ays Zoning Orem=. For M a w*fent of pry MWMDM die MkMiV MW 168 be su>a tlsed: Amerced developrnerrtor cr 000 plan meeting the AWIcdon Rqukemards of bm'2(c)'in Zoning Amendment Procedures, r dapple. r Wften pa"to be amended. Sae the Clys Gu4e to Protfwed Conditions. rcopy ofpevio*adopted Ordinance. For a planned w*dwelop oW aWMdtnert #*MutiV must suttee be iR Amended development plan meetlng the t*mnnts of Section 36.2-326 of the Give ZwMg Ordnance. 6Z Copy of previously adopted Ordbuartce. For a eronrtpe961214"sign overly atnendntsttt,Fee fidl 4kq must 860 to wed: r- Am=W comers signage tin ffigal the requhemwb of Section 38.2-336(d)of the City's Zoning Ordinance. r Copy of previously adopted Ordinenoe. For a pnapoeat that fequkee g trete roped si*be eahm bd bill t in,tfw =9 also be aubmm&d: r A Trafisc tmped Study In camphenes Will Apperld<x&2(e)Of the COO Zonirtg Onftm. For a proposal that re trey.a tragic 6paetwWyalse.be t�tm�ted to 160 ,the must also be sribrr�ied: r Cover sheet F— Traffic impact analysis. r Conceptplan. - r Proffered conditions,6 apptkatble. r Required fee. 'An electronic co"of tints app6Cabo►and dracldist can be found et www.roenokeva.govW=In9G0mnIMW. A oomplds pacW must be subn nbd each We an aolc dm is amended,unless otherwise qac i ied by staff. e y 3 X � a M ' x � S � -aX4��� 1 R f Phi �c I a Prepared FOR: City of Roanoke& Roanoke City Public Schools 40 Douglass Ave., NW Roanoke,VA 24012 December 16, 2021 Prepared BY: �i par er DESIGN GROUP 2122 Carolina Ave SW Roanoke, VA 24014 Project Number: 21-0225 Table of Contents SECTION 1: PROJECT DESCRIPTION.........................................................................................1 SECTION 2: INPUD AMENDMENT NEED &JUSTIFICATION ...........................................................2-2 SECTION 3: INPUD AMENDMENT EFFECT .......................................................................................2-3 SECTION4: COMPLIANCE WITH 36.2-324 ......................................................................................... 3 i I WILLIAM FLEMING HIGH SCHOOL-INPUD AMENDMENT APPLICATION SECTION 1: PROJECT DESCRIPTION The subject property is located at 3601 Ferncliff Avenue, NW on a 58.83-acre lot that is currently Zoned INPUD—Institutional Planned Unit Development. This location is home to William Fleming High School, Ruffner Operations Center and associated accessory and support uses including utilities, athletic fields and parking areas. Various site entrances exist from Ferncliff Avenue, Ferndale Drive, Ordway Drive and Highland Farm Road. Surrounding parcels are comprised of ROS- Recreation and Open Space & RMF - Residential Multifamily District (North); CLS—Commercial —Large Site District (South); 1-1 Light Industrial District & CLS—Large Site District (East); RMF—Residential Multifamily District, RM-2 - Residential Mixed Density District, & INPUD—institutional Planned Unit Development (West). Refer to attached Development Plan Exhibit & Site Tabulation. SECTION 2: INPUD AMENDMENT NEED &JUSTIFICATION It is the desire of the applicant, RCPS, to add a second Center for Technical Education (CTE) facility at the William Fleming Campus which will house many of the same programs that exist at the Roanoke Technical Education Center(ROTEC), at Patrick Henry HS, in addition to some new offerings. The current Ruffner Operations Facility will be up-fit for the CTE program spaces (existing government offices and maintenance\operations group to remain). LIST OF PERMITTED USES: • GOVERNMENT OFFICES OR OTHER GOVERNMENT FACILITY NOT OTHERWISE LISTED • OFFICE, GENERAL OR PROFESSIONAL • RECREATION, OUTDOOR • SPORTS STADIUM,ARENA,OR COLISEUM • EDUCATION FACILITIES: ELEMENTARY/MIDDLE/SECONDARY-COLLEGE/UNIVERSITY- BUSINESS SCHOOL OR NON-INDUSTRIAL TRADE SCHOOL-SCHOOL FOR THE ARTS. • ACCESSORY USES, NOT OTHERWISE LISTED • OUTDOOR RECREATION FACILITY LIGHTING OR SPORTS STADIUM LIGHTING BY SPECIAL EXCEPTION ONLY(EXISTING APPROVED BY SPECIAL EXCEPTION) Because of the change in use and up-fit of space to accommodate the new CET training spaces and existing operations office functions, an INPUD amendment is required. This amendment is the third one prepared and submitted for this property. The previous INPUD amendment application from 2009 and approved ordinance is attached for reference. Some of the technical training programs that are desired at the new CET location include the following: • Engineering Cosmetology/Barbering 11 WILLIAM FLEMING CAMPUS-INPUD AMENDMENT APPLICATION • Health and Medical Sciences (including CNA) • Culinary Arts (Commercial Kitchen and Classroom space) • Welding Lab • Sports Medicine • Automotive Technology • Building Trades • Teachers for Tomorrow • TV/Video Production (Broadcasting Center and Editing Room) • Computer Labs (Coding/Programming/Cybersecurity) • Innovative Public Safety • Precision Machining • Marketing • Supporting Administrative Offices (including Teacher Work Area and Lounge) • Landscaping (Greenhouse and Outdoor Facilities) HVAC Technology • Solar Based upon preliminary planning department staff review of the planned changes at William Fleming, it was recommended that the INPUD development plan be revised to provide flexibility for future use of the campus. The current INPUD plan was binding for future development and as such was specifically labeled as to use per building. The revised INPUD site development plan is generically labeled as to function, however the site tabulation lists existing and potential uses not specifically assigned to buildings or site areas. This is similar to INPUD amendments that have taken place at Patrick Henry High School. As an INPUD, the attached development plan is binding for future development. Any building or site changes that take place on the campus are subject the review by the City of Roanoke staff. SECTION 3: INPUD AMENDMENT EFFECT (1) The immediate effect of the INPUD amendment will involve the Ruffner Operations center as described above. The up-fit of space will remain within the existing footprint of the building. Any exterior changes or upgrades will be compatible with the existing architectural character of the campus which has been a fixture within the surrounding neighborhood since the mid 1950's. There are no other site changes to the campus, other than those associated with the Ruffner up-fit at this time. Any future site plan changes that are use-by-right will be reviewed and approved in conformance with the Comprehensive Development Permitting Process. As an example, some parking reconfiguration\expansion will take place as part of the Ruffner up-fit. "Future Support Building" areas have also been identified on the development plan. The added CET programs at Ruffner will result in approximately 25 additional teaching staff members. Approximately 38 operations staff members will remain onsite. Students attending CET 2 1 WILLIAM FLEMING CAMPUS-INPUD AMENDMENT APPLICATION programs will be bussed to and from the site, so added parking for student vehicles will not be required. Existing site parking exceeds the required number of parking spaces for the campus overall and for the Ruffner Operations up-fit specifically. The addition of CET programs at this campus will enhance much needed training associated with technology, trades, and professional services furthering career options for graduating students. (i) Because no new buildings are prosed at this time,the planned use modifications do not create a demand on public water or sanitary sewer services that exceeds the design capacity of the systems and will not in any way decrease the quality of service to the surrounding neighborhood. (3) The planned use modification will not impact traffic on adjacent public streets that exceeds current design capacity. Traffic patterns are not expected to change in any significant manner. (a) The use does not increase the flood potential in the surrounding neighborhood. Any added impervious surfaces for parking or other amenities will be designed, managed and controlled in accordance with all Roanoke City and State Stormwater standards and regulations. (s) The use modifications will be in conformance with the setback, yard,frontage, lot area, parking, signage, screening, shading, and other applicable requirements of zoning code as they pertain to the INPUD district. (6) The INPUD amendment furthers the intent of the City's Comprehensive Plan. The planned up-fit of the Ruffner Operations Center is consistent with the Peters Creek North Neighborhood Plan dated December 16, 2002. Specifically, the improvement of curricular programs within the school system affords a broader offering of educational opportunities and direction of career paths. The greater selection of programs benefits the community and neighborhood overall by providing training in technical fields which in many sectors are lacking in qualified professionals. In addition, City Plan 2040 identifies "Livable Environments" as a priority initiative and states the following related to growth: "Growth needs to occur through the preservation and reuse of existing buildings and infrastructure. Where new development or redevelopment occurs, it should be done in a manner that is sensitive to the surrounding community. One of the benefits with developing within an existing community is that ability to make use of the existing infrastructure (i.e., streets, water and sewer systems, electrical distribution, etc.).To gain that advantage, existing infrastructure needs to be maintained and improved to allow for growth. (7) Community Outreach regarding the planned campus changes will be achieved through Roanoke City Public Schools surveys and School Board meetings. 3 1 WILLIAM FLEMING CAMPUS-INPUD AMENDMENT APPLICATION SECTION 4: COMPLIANCE WITH SECTION 36.2-324 (b)The purposes of the INPUD District are to encourage harmonious development of institutional uses and mixed-use campus developments, to provide flexibility for creative development, to minimize potential negative impacts of institutional uses on neighboring uses, and to recognize the special complexity and interrelationships of land uses and activities in these institutional complexes. The INPUD amendment proposed accommodates flexibility in current and future uses on the William Fleming campus. Specifically, the added CET programs at the Ruffner Operations Facility furthers the expansion and offering of educational opportunities to the RCPS community overall and to the students at William Fleming High School. The INPUD defined uses will allow RCPS to continue offering optimum learning experiences to its students into the foreseeable future. 4 1 WILLIAM FLEMING CAMPUS-INPUD AMENDMENT APPLICATION SITE TABULATION - ZONING INFORMATION Fig .,�,. � ., ::Il ox.,o o�,oPow .,,O..s.. nn,... M ..o .,, x,,.I.I, :o."a"loL,.x .w,x. .. VICINITY MAP!SCALE I"=1W00 "v' ".,.xi.,. M{ F flf w LU 121,� �` WA p w Q p U U s ::D, r a wStilaw A LU a LU Q ui S TAX ID:6472302 J '* . '^ " " CL t �d ,.,. .^e ew3" $ {, > Z ' ZONE ROS f.^ R � +� **;�-� � `� ,e,m.+4 +�' � 0:f "&w W *u ' se �r o o UJUlO y " Q REVISIONS Af/ f No. DATE DESCRIPTION Av ry 'j TAX ID:6450104 ZONE CLS J AT V7all! �L fi t I a ul ? # RAVVN B- JDEIJMD REV'D 8 7 JOE DATE: 13I1fiR031 4' 6CALE AB 6NOVvN Na -•: y ;.„ � AMENDMENT EXHIBIT %A3I . 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Planned Unit Dev®� AAAAAAA4�A A A Ord#24550 Planned' Dev ♦AAAAA • '�• - 'A A i *` 0 Ord#38613 092109AAAAAi�AAAAA�e. Ord#39482-082012 . AA�AAAA AAS � .►AAAAAAA A 'A AA A A A >Y�h AAAAAAAAAAAAAAAAAAA ►'A�it''``` AAA RM-2: Res �►LVI A14*1 AAxAA AAAAA �►AAAAAAA AAS �A A►� A • NUM, AA'AA AAA Q*j*AAA'�AAAAAAAAAAA'AAA ,A 1 IOWA , Mixed Density SAA, ASA A,A A�A A A� 'AAAAAAAjA jA jA��A � «� AA �► AAAAAA A ASA + ` ♦ �,AA A« A A A A A ►�AAAAAAAA ►� ,,• ♦ , MOM AAAAAAAA - •. , : %+►`�,�' ' A'�'AjAAAAAA' AA"� AA#SAA � F t ZVI . nrw4 RMF: Res ., ;,, , " 4�, flA . -• -- -_ _ . •.- .. - ♦ Multifamilyr 4. P 10 ♦ , CLS(c): Commercial-Large • • ♦ Site Conditional e . Ord#33658-120197 e R-7: Res CLS: Single Family e` Commercial-Large ` Site The Roanoke Times Account Number Roanoke,Virginia 6011439 Affidavit of Publication Date CITY OF ROANOKE-PDB January 25,2022 Attn TINACARR 215 CHURCH AVE ROOM 166 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 01/13/2022 Trustee Sales PUBLIC HEARING NOTICE Any public hearings advertised hi 1 x 220 L 2,076.40 Publisher of the Roanoke Times 1,(the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke,in the State of Virginia,do certify that the annexed notice PUBLIC HEARING NOTICE An was published in said newspapers on the following dates: 12J28.01/04/2022 The First insertion being given... 12/28/2021 Newspaper reference: 0001291382 Billing Representative Sworn to and subscribed before me this 25th Day of January 2022 C Robinson Notary Public Notart'Publ State of Virginia Commonwealth of Virginia Reg.No.7932290 County of Hanover My Comm.Expires June 30,2025 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 SW,Roanoke,Virginia. This public hearing may be conducted by electronic communication means due to the COVID-19 pandemic disaster.Persons registered to speak may request information to present their testimony via electronic communication means, as described below. Citizens who register will be provided information to present their testimony in person or via electronic communications means should the public hearing be conducted by electronic communications means due to the COVID-19 pandemic disaster.All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online at p,-// roanokeva gov/2019/Commissions or may obtained digitally by emailing planning roanokeva.aov If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853-2541,by noon,Friday,January 7,2022. Cecelia F.McCoy,CMC,City Clerk The City of Roanoke Planning Comdssion will hold a public hearing on January 10,2022,at 1:30 p.m.,or as soon thereafter as the matters may be heard, to consider the following matters. All persons wishing to address the Planning Commission must sign-up with the Secretary to the Planning Commission by emailing planning@roanokeva.gov or by calling (540)853-1330 by noon, Wednesday, January 5,2022. If requested,persons who register to speak will be provided with Information to present their testimony via electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at planning roanokevagov by noon, Wednesday. January 5,2022. Application by 829 Salem Avenue,LLC, to rezone property located at 829 Salem Avenue SW,bearing Official Tax Map No. 1111009, from 1-1, Light industrial District, to UF, Urban Flex District The land use categories permitted in OF include residential; accommodations and group living; commercial; industrial; warehousing and distribution: assembly and entertainment;public,institutional and community facilities; transportation; utility uses and structures;agricultural; MEMEMMEM and accessory, but does not specify density. The comprehensive plan designates the property for industrial use and Downtown Plan 2017 designates the property for rezoning to urban flex. The proposed use is mixed use building. Application by the School Board of the City of Roanoke to amend the Institutional Planned Unit Development Plan("Pian')as a part of a previous rezoning at 3601 Femcliff Avenue NW, bearing Official Tax Map No.6460102, through the adoption of Ordinance No. 38613-092109 on September 21, 2009. Amendments to the Plan include changes in uses of particular buildings and additional support buildings and parking. Zoning of the property will remain INPUD, Institutional Planned Unit Development District,and includes residential; accommodations and group living; commercial; assembly and entertainment;public,institutional and community facilities; transportation; utility; agricultural; solar; and accessary; with maximum density as specified on the planned unit development plan. The comprehensive plan designates the property for park/open space/public, but does not specify density. The proposed use of the property remains unchanged. Application by the School Board of the City of Roanoke to vacate Truman Avenue, a street adjacent to 3837 Williamson Road NW,bearing Official Tax Map No.2090601,and 0 Williamson Road NW,bearing Official Tax Map No. 2090701. Truman Avenue is approximately 381 linear feet,running northeast from the intersection of Williamson Road NW,ending in a cul- de-sac adjacent to 3901 Williamson Road NW,bearing Official Tax Map No. 2091201. Tina M.Carr,Secretary, City Planning Commission Ciq Cound will hold a public hearing on the aforesaid matters on January 18, 2022,at 7A0 p.m.,or as soon thereafter as the matter may be heard,in the City Council Chamber, fourth floor, Room 450,Noel C.Taylor Municipal Building, 215 Church Avenue SW, 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. All persons wishing to address City Council may sign-up online at www.roanokeva.gov/council. In order to sign up,the form to speak before City Council may be accessed under the tab"Sign Up Form to Speak Before Council" on the left of the screen. Sign up fortes must be received by noon on Tuesday.January 18. 2022. In the event the public hearing is conducted by electronic communication means dueto the COVID-19 pandemic disaster,you will be noted by the City Clerk's Office. For further information, you may contact the Office of the City Clerk at (540)553-2541. Cecelia F.McCoy,CMC,City Clerk The City of Roanoke Bond of Zoning Appeals will hold a public hearing on January 12,2022, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider the following applications. All persons wishing to address the Board of Zoning Appeals must sign-up with the Secretary to the Board of Zoning Appeals by emailing planning@roanokeva.gov or by calling (540)853.1730 by noon,Friday,January 7, 2022. If requested, persons who register to speak will be provided with information to present their testimony via electronic communication means. Written comments of interested persons will be received by the Secretary to the Board of Zoning Appeals at planning@roanokeva.gov on or prior to noon, Friday, January 7, 2022. Application by Fxquisito G&M,Inc.,for property located at 2623 Peters Creek Road NW,bearing Official Tax Map No. 6370102, for a special exception pursuant to Section 36.2.315,Zoning, Code of the City of Roanoke(1979),as amended, to permit eating and drinking establishment, abutting a residential district. Application by Fxquisito G&M,Inc,for property located at 2623 Peters Creek Road NW,bearing Official Tax Map No. 6370102, for a special exception pursuant to Section 362-315, Zoning, Code of the City of Roanoke(1979),as amended,to permit an entertainment establishment, abutting a residential district. Application by Robert and Catherine Hartman,for property located at 810 Welton Avenue SW, bearing Official Tax Map No. 1250142, for a special exception pursuant to Section 362.311, Zoning, Code of the City of Roanoke (1979), as amended, to permit a dwelling,two-family. Tina M.Carr,Secretary,City Board of Zoning Appeals (1291382) 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 SW, Roanoke, Virginia. This public hearing may be conducted by electronic communication means due to the COVID-19 pandemic disaster. Persons registered to speak may request information to present their testimony via electronic communication means, as described below. Citizens who register will be provided information to present their testimony in person or via electronic communications means should the public hearing be conducted by electronic communications means due to the COVID-19 pandemic disaster. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online at https://roanokeva.,ov/2019/Commissions or may be obtained digitally by emailing planning.,Lroanokeva.gov. If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853-2541, by noon, Friday, January 7, 2022. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Planning Commission will hold a public hearing on January 10, 2022, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters. All persons wishing to address the Planning Commission must sign-up with the Secretary to the Planning Commission by emailing planning Lroanokeva. rov or by calling (540)853-1330 by noon, Wednesday, January 5, 2022. If requested, persons who register to speak will be provided with information to present their testimony via electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at plannin�Lroanokeva.gov by noon, Wednesday, January 5, 2022. Application by 829 Salem Avenue, LLC, to rezone property located at 829 Salem Avenue SW, bearing Official Tax Map No. 1111009, from 1-1, Light Industrial District, to UF, Urban Flex District. The land use categories permitted in OF include residential; accommodations and group living; commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility uses and structures; agricultural; and accessory, but does not specify density. The comprehensive plan designates the property for industrial use and Downtown Plan 2017 designates the property for rezoning to urban flex. The proposed use is mixed use building. Application by the School Board of the City of Roanoke to amend the Institutional Planned Unit Development Plan ("Plan") as a part of a previous rezoning at 3601 Ferncliff Avenue NW, bearing Official Tax Map No. 6460102, through the adoption of Ordinance No. 38613-092109 on September 21, 2009. Amendments to the Plan include changes in uses of particular buildings and additional support buildings and parking. Zoning of the property will remain INPUD, Institutional Planned Unit Development District, and includes residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; solar; and accessory; with maximum density as specified on the planned unit development plan. The comprehensive plan designates the property for park/open space/public,but does not specify density. The proposed use of the property remains unchanged. Application by the School Board of the City of Roanoke to vacate Truman Avenue, a street adjacent to 3837 Williamson Road NW,bearing Official Tax Map No. 2090601, and 0 Williamson Road NW,bearing Official Tax Map No. 2090701. Truman Avenue is approximately 381 linear feet, running northeast from the intersection of Williamson Road NW, ending in a cul-de-sac adjacent to 3901 Williamson Road NW, bearing Official Tax Map No. 2091201. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on January 18, 2022, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Room 450,Noel C. Taylor Municipal Building, 215 Church Avenue SW, 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. All persons wishing to address City Council may sign-up online at www.roanokeva.gov/council. In order to sign up, the form to speak before City Council may be accessed under the tab "Sign Up Form to Speak Before Council" on the left of the screen. Sign up forms must be received by noon on Tuesday, January 18, 2022. In the event the public hearing is conducted by electronic communication means due to the COVID-19 pandemic disaster, you will be notified by the City Clerk's Office. For further information, you may contact the Office of the City Clerk at (540)853-2541. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on January 12, 2022, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider the following applications. All persons wishing to address the Board of Zoning Appeals must sign-up with the Secretary to the Board of Zoning Appeals by emailing planning c�roanokeva.gov or by calling (540)853-1730 by noon, Friday, January 7, 2022. If requested, persons who register to speak will be provided with information to present their testimony via electronic communication means. Written comments of interested persons will be received by the Secretary to the Board of Zoning Appeals at planning_(c'uroanokeva.gov on or prior to noon, Friday, January 7, 2022. Application by Exquisito G&M, Inc., for property located at 2623 Peters Creek Road NW, bearing Official Tax Map No. 6370102, for a special exception pursuant to Section 36.2-315, Zoning, Code of the City of Roanoke(1979), as amended, to permit eating and drinking establishment, abutting a residential district. Application by Exquisito G&M, Inc., for property located at 2623 Peters Creek Road NW, bearing Official Tax Map No. 6370102, for a special exception pursuant to Section 36.2-315, Zoning, Code of the City of Roanoke(1979), as amended, to permit an entertainment establishment, abutting a residential district. Application by Robert and Catherine Hartman, for property located at 810 Welton Avenue SW, bearing Official Tax Map No. 1250142, for a special exception pursuant to Section 36.2-311, Zoning, Code of the City of Roanoke (1979), as amended, to permit a dwelling, two-family. Tina M. Carr, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, December 28, 2021, and Tuesday, January 4, 2022. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Secretary to the Board of Zoning Appeals Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 540/853-1730 tina.carrLg roanokeva.gov Please send affidavit of publication to: Cecelia F. McCoy, CMC, City Clerk 215 Church Avenue SW, Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011-1536 540/853-2541 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fac: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk January 3, 2022 Jack Ellinwood, L. A. Parker Design Group, Inc. 2122 Carolina Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Ellinwood: A public hearing has been advertised to be heard by the City Planning Commission on Monday, January 10 at 1:30 p.m. in regard to a request by the School Board of the City of Roanoke to amend the Institutional Planned Unit Development Plan as a part of a previous rezoning at 3601 Ferncliff Avenue, N. W. through the adoption of Ordinance No. 38613- 092109 on September 21, 2009. Amendments to the Plan include changes in uses of particular buildings and additional support buildings and parking. (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, January 18 at 7:00 p.m., 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, January 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, Olt- Cecelia F. McCoy, CMC City Clerk Enclosure c: Chris Perkins, Chief Operations Officer, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Bob Cowell, City Manager, City of Roanoke, 215 Church Avenue, Room 364, Roanoke, Virginia 24011 Tina Carr, Secretary to the City Planning Commission �I 1 s CITY OF ROANOKE OFFICE OF THE CITY CLERK Y 215 Church Avenue,S.W.,Room 456 R' Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CHIC E-mail: clerkCroanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk January 3, 2022 Dear Ladies and Gentlemen: A public hearing has been advertised to be heard by the City Planning Commission on Monday, January 10 at 1:30 p.m. in regard to a request by the School Board of the City of Roanoke to amend the Institutional Planned Unit Development Plan as a part of a previous rezoning at 3601 Ferncliff Avenue, N. W. through the adoption of Ordinance No. 38613-092109 on September 21, 2009. Amendments to the Plan include changes in uses of particular buildings and additional support buildings and parking. (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, January 18 at 7:00 p.m., 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, January 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, CMC City Clerk Enclosure Adjoining Property Owners and Interested Parties January 3, 2022 Page 2 pc: Vernard R. Keeling, 2074 Fairhope Road, N. W., Roanoke, Virginia 24017 Bradley L. Campbell, 2073 Fairhope Road, N. W., Roanoke, Virginia 24017 Kansas Blair King, 2062 Routt Road, N. W., Roanoke, Virginia 24017 Kingdom Harvest Church International, 3433 Ferncliff Avenue, N. W., Roanoke, Virginia 24017 James Mulinda, P. O. Box 14093, Roanoke, Virginia 24038 Ferncliff North Preservation LP, 2200 N Commerce Parkway, Suite 100, Weston, Florida 33326 Ferncliff South Preservation LP, 60 Columbus Circle, 19th Floor, New York, New York 10023 MGB Properties Virginia LLC, 1112 16th Street, N. W, Suite 900, Washington, DC 20015 Hoback Properties LLC, P. O. Box 38427, Pittsburgh, Pennsylvania 15238 KRE Hip Court Roanoke Owner LLC, c/o Kohlberg Kravis Roberts & Co LP, New York, NY 10001 Gray Television Group, Inc., 4370 Peachtree Road, N. E., Atlanta, Georgia 30319 Blue Ridge Multi-Family LLC, 108 State Street, Suite 300, Greensboro, North Carolina 27408 KRE Hip Res Roanoke Owner LLC, c/o Kohlberg Kravis Roberts & Co LP, New York, New York 10001 Freeway Partners LLC, P. O. Box 6120, Lynchburg, Virginia 24505 Briar Oak Investments VII LLC, c/o Poe & Cronk Real Estate Group, 10 S Jefferson St Suite 1200, Roanoke, Virginia 24011 City of Roanoke, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Roanoke Airport Hotel Partners, LLC, 11541 Nuckols Road, Suite D, Glen Allen, Virginia 23059 R. E. Sterlingwood Aparments LLC, 2215 Montauk Road, N. W., Roanoke, Virginia 24017 City of Roanoke Virginia, P. O. Box 1451, Roanoke, Virginia 24007 Countryside Sportsplex Inc., 1529 Williamson Road, N. E., Roanoke, Virginia 24012 Tina Carr, Secretary to the City Planning Commission APPLICATION STREET OR ALLEY VACATION ROANOKE Date: 0dober 23,2021 To: Office of the City Clerk • nd Appkation Fourth Floor, Noel C.Taylor Municipal Building 215 Church Avenue, S.W. a Af wWW Appik 6thn Roanoke,VA 24011 No. Phone: (540)853-2541 Fax: (540)853-1145 All submWels must be typed and Include all required documentation and a check for the Ming fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: The wbW R^ume^Ave)is loaad to eM WWwnso^tea Lbma 3837 Min RD and the offidai tax map no.2060801 and Parks&Ree m Apurpose Held and the Add tax rnap no.2080701,as sham on the attached aloe plan.The street Is approximate 391 Ynear feet#W endo In a cuDeeac at Ire front of BraMnddpe Middle Sohod.The street to be vacated wN be~to the oM dal tex map no.2091201.VVhkdh is the Broddndd6e MMMSd od tax parcel.Roanoke City Public Schools has wovkled maintenance,enow removal and recently had k repaved. Proposed use of vacated street or alley: To ody pvAcw maintenance•anar removal and my cww hwovemerm Name of Applicant/Contact Person: Sdvd bwrd d the city of Roanoke,on behO of#*Cky of R000ke Roanoke City PuW Schools/Chis Peddns or Jeff Shewver Mailing Address: 40Dou6tass Ave NW Roanoke,vA 24012 Telephone: ( ) (540)8534908 Fax: ( )(5'40)853'14M E-mail: *w`ver®rcps.trhfo Applicant(s)signature(s): awrimam MW sow1 W wa 1 I ------- �. -- —-----—--- ; #�— —--------------- --------------- ------------ ------------ ./�. ---------------1 ---------------1 L------------I --- �h �" -- --------- t--------- ------------- ------ 1 I 1 . f 3 ------------f----------- > --------------- --------------- 3 2° ------------i------------ �:/W ---------------* --------------- 2 �A ! ----- •------- OW CF ROANOW CM OF ROANW 1aa a-ft EM r � �. qtyy. 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Nor W rfr ar WSW Alam KR JWW r MUM AIaW KK,WANOW NOR KR t Nma,ANoX Kt L wE olal a A�o1Lr/Ww awnen.r AIIrAr Irlvr ar APO OOIww NOr awflsssnr A Orr a'NIl1Aat OWN 1pOGl AAilE1.f/f71f AIL A1111CA/Nris IEIa10 AO N1�16YrAS w!w[dl�I�Y Q bWOR A ralwl aann WL E Nk1AQ AN7Lf a•afwlwlfrNar sWNw AW!0{ECI>o OAV W wm do wrwa+ ',t CWA aNlwat sow. 1 wlalaw wa SWW MWO W Nair W fwr ffw.W MAO to NI or�oAll7lr Orr CALD•IIaILL W8l'Pa A11181DC7t>LTlB nAaA au a wlwlafls LNow Ommom go ac Lrr aarr ar N w QXKL Mot we aolrY alnaC aa/W0 tN1R rarN>IN O wla®NNB ar/lY aW.W N*1lalar PALM *" ""-- a rAaa6rl:lrL�Afi01+,®liM AM't/R!Q LO0A1®N wr t�Ntwll a<N1r war a atlla taalar aw' t, o• w or me itr At-mv > lKM r•-ar swWs carr O&C Ar afm mr aaafe A► a alwl A► as 2*400 i opo LP t 926 November 29,2021 1:4,265 0 0.035 0.07 0.14 mi 0 0.05 0.1 0.2 km City of Roanoke,Eagle View City dRoanoke s 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 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk January 20, 2022 Chris Perkins Chief Operations Officer Roanoke City Public Schools 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Mr. Perkins: I am enclosing copy of Ordinance No. 42265-011822 permanently vacating, discontinuing and closing a public right-of-way in the City of Roanoke located on Truman Avenue. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 18, 2022, and is in full force and effect upon its passage. Sincerely, C� Cecelia F. McCoy, CMC City Clerk Enclosure c: Jeff Shawver, Chief of Physical Plants, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Tina Carr, Secretary to the City Planning Commission LL. 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 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk January 20, 2022 Dear Ladies and Gentlemen: I am enclosing copy of Ordinance No. 42265-011822 permanently vacating, discontinuing and closing a public right-of-way in the City of Roanoke located on Truman Avenue. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 18, 2022, and is in full force and effect upon its passage. Sincerely, c . J-. Vkt&-f Cecelia F. McCoy, CMC City Clerk Enclosure PC: Hwan Tea Lee and Hyon Cha, 4901 Renee Lane, Roanoke, Virginia 24018 Hoa T. Mai, 7007 Linn Drive, Roanoke, Virginia 24019 Trustees of Bethany Christian Church, 3115 Fleming Avenue, N. W., Roanoke, Virginia 24012 Kenneth Eugene Ayers and Tracy Dudley, P. O. Box 563, Boones Mill, Virginia 24065 Ronnie C. Tiller and Wanda L. Tuck, 3125 Fleming Avenue, N. W., Roanoke, Virginia 24012 K. C. Jones, Jr., Inc., 146 Bogey Lane, Salem, Virginia 24153 City of Roanoke, P. O. Box 1451, Roanoke, Virginia 24007 Jobrah & Fils, LLC, 3824 Williamson Road, #D, Roanoke, Virginia 24012 Raymond C. Woodward, 3201 Trinkle Avenue, N. W., Roanoke, Virginia 24012 Jay P. McAllister, 3119 Fleming Avenue, N. W., Roanoke, Virginia 24012 Resident of 3202 Trinkle Avenue, N. W., Roanoke, Virginia 24012 Delroy D. Holness, 3131 Fleming Avenue, N. W., Roanoke, Virginia 24012 Jose Rene Romero, 2904 Jefferson Road, Eads, Tennessee 38028 David Lane Smith and Susan Meador, 3143 Fleming Avenue, N. W., Roanoke, Virginia 24012 David L. Smith, 3201 Fleming Avenue, N. W., Roanoke, Virginia 24012 Steven S. Dugger, 3209 Fleming Avenue, N. W., Roanoke, Virginia 24012 Louise K. Carico, 3204 Fleming Avenue, N. W., Roanoke, Virginia 24012 Adjoining Property Owners and Interested Parties January 20, 2022 Page 2 pc: Larry T. and Betty D. Harless, 3201 Troy Avenue, N. W., Roanoke, Virginia 24012 Roanoke City Public Schools, Breckenridge Jr. High School, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Judy K. Crawford, 3202 Troy Avenue, N. W., Roanoke, Virginia 24012 Todd R. Gills, 3295 Pitzer Road, Roanoke, Virginia 24014 Enterprise Investments, Ltd., 1260 Trapper Circle, N. W, Roanoke, Virginia 24012 Hunter Real Estate Group, 2514 Williamson Road, N. E., Roanoke, Virginia 24012 City of Roanoke, Preston Park, P. O. Box 1451, Roanoke, Virginia 24007 Tina Carr, Secretary to the City Planning Commission 0�1 PUBLIC RIGHT OF WAY LOCATED ADJACENT TO OFFICIAL TAX MAP NOS. 2090601,2090701,&2091201 PROPERTY OWNER: CITY OF ROANOKE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 181h day of January 2022. No. 42265-011822. AN ORDINANCE permanently vacating, discontinuing and closing a public right-of-way in the City of Roanoke located on Truman Avenue, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, the School Board of the City of Roanoke 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 January 18, 2022, 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 1 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: Truman Avenue, a street adjacent to 3837 Williamson Road, N.W., bearing Official Tax Map No. 2090601, and 0 Williamson Road, N.W., bearing Official Tax Map No. 2090701, approximately 381 linear feet, running northeast from the intersection of Williamson Road, N.W., ending in a cul-de-sac adjacent to 3901 Williamson Road, N.W., bearing Official Tax Map No. 2091201 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 work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above- 2 described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. 1. 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 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. 2. The applicant shall, upon a certified copy of this ordinance 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. 3. 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 applicant shall include a 20 foot easement to the Western Virginia Water Authority along the full length of existing sewer line along Truman Avenue, an easement to the City's Stormwater Utility for two existing stormwater inlets, and an easement to the City(or modification to the area to be vacated) for the traffic signal at the intersection of Truman Avenue with Williamson Road N. W. 3 4. 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 shall 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. 5. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: I• - City Clerk. -- 4 0 �~ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 18, 2021 Subject: Application by the School Board of the City of Roanoke to vacate Truman Avenue, a street adjacent to 3837 Williamson Road NW, bearing Official Tax Map No. 2090601 , and 0 Williamson Road NW, bearing Official Tax Map No. 2090701 . Truman Avenue is approximately 381 linear feet, running northeast from the intersection of Williamson Road NW, ending in a cul-de-sac adjacent to 3901 Williamson Road NW, bearing Official Tax Map No. 2091201 . Recommendation The Planning Commission held a public hearing on Monday, January 10, 2021 . By a vote of 5-0, with Commissioner K. Atwood absent and Commissioner J. Smith recusing himself from the proceedings, the Commission recommended approval of the vacation of right-of-way as requested, contingent upon the following conditions: 1 . 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. 2. 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. 3. 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 applicant shall include a 20-foot easement to the Western Virginia Water Authority along the full length of existing sewer line along Truman Avenue, an easement for the stormwater inlets and drain located near the intersection of Truman Avenue and Williamson Road NW, and an easement for the street signal at the intersection of Truman Avenue and Williamson Road NW. 4. 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 (12) month period. Application Information: Request: Vacate Truman Avenue Applicant: Roanoke City Public Schools City Staff Person: Wayne Leftwich, Senior City Planner Official Tax Nos.: Adjacent to Official Tax Map Nos. 2090601 , 2090701 , & 2091201 Site Area: Approximately 38,000 Square Feet Relevant Plans: Williamson Road Area Plan, 2004 Filing Date: October 23, 2021 Background: Roanoke City Public Schools seeks to vacate Truman Avenue as it functions as a driveway for the dames Breckinridge Middle School. The School District has provided maintenance, snow removal, and recently had it repaved and wants to officially take over that maintenance responsibility. Truman Avenue provides access to the roundabout at the front of the school and to the main parking lot. Considerations: The primary consideration in vacating a public right-of-way is any inconvenience that the vacation may create. Impact of Street Vacation to Public Accessibility: Currently, Truman Avenue functions as a driveway for the dames Breckinridge Middle School and will continue to function that way following an approved vacation. Impact of Street Vacation to Public Services: The proposed vacation does not impact City of Roanoke public services. 2 The proposed vacated Truman Avenue will need to provide an easement to the Western Virginia Water Authority for an existing sewer line in the right of way, an easement to the City's Stormwater Utility for two existing stormwater inlets, and an easement to the City (or modification to the area to be vacated) for the traffic signal at the intersection of Truman Avenue with Williamson Road NW. Consistency with Comprehensive Plan: The City's Comprehensive Plan states that Roanoke will provide quality education for all residents. The vacation of Truman Avenue will allow for Roanoke City Public Schools to officially take over its maintenance to better maintain safety of along the entrance of the school. The Williamson Road Area Plan identifies the proposed future land uses along Truman Avenue as Institutional and Recreation and Open Space, and defines the `Breckinridge area' as a strong center for the community with an educational and recreational focus. The vacation and incorporation of the right-of-way as part of the dames Breckinridge Middle School property is consistent with these depictions of the area. Comments on Application: Public Utilities: The Western Virginia Water Authority has a sewer line that would be affected and has requested a 20 foot easement placed along Truman Avenue once vacated. The applicant has agreed to this condition. The City's Stormwater Utility has requested an easement around the two stormwater inlets and drain that are located near the intersection of Truman Avenue and Williamson Road NW. The applicant has agreed to this condition. No comments were received from Cox Cable, Roanoke Gas, Appalachian Power Company, and Verizon. City Departments: The Transportation Division has requested an easement (or modification of the vacation lines) to allow the Transportation Division to maintain the traffic signal located at the intersection of Truman Avenue and Williamson Road NW. The applicant has agreed to work with the Transportation Division to create an easement for the traffic signal. All other City Departments are amenable to the vacation. Planning Commission Work Session: No comments. 3 Public Comments: No public comments have been received. Planning Commission Public Hearing: No comments. Conclusions and Recommendations: The vacation of the right-of-way would be consistent with the City's Comprehensive Plan and the Williamson Road Area Plan and would not create an inconvenience to the public. sa/�,a4 , 41tevK"ll Sarah Glenn, Vice-Chair City Planning Commission Distribution: Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager Jillian Papa Moore, Acting Director Planning Building & Development Wayne Leftwich, Agent to the Planning Commission Timothy Spencer, City Attorney Laura Carini, Senior Assistant City Attorney Jeff Shawver, Chief of Physical Plants, RCPS Chris Perkins, Chief Operational Officer, RCPS 4 APPLICATION =" STREET OR ALLEY VACATION ROANOKE Date: Ocbber 29.2021 To: Office of the City Clerk • 'W Fourth Floor, Noel C.Taylor Municipal Building 215 Church Avenue, S.W. ° . No" dP�ppik kaon Roanoke,VA 24011 No. Phone: (540)853-2541 Fax. (540)853-1145 All sulknWa/s must be typed and Include all required documentation and a check for the Ming fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: The ham R^n^"w)"bmw add to aro rw umlon Road 10fr' 3837 Wgiameon RD and the oflidal tax map no.2080801 and Parka 4 Roc multphrpose field and the milk" tax map no.2080701,ae shown on the ateched eke plan.The street Is approxinoa 381 6roar bet,that ende In a cu-0e-eac at to front or Breckinridge Middle School.The atraet to be vacoW w0 be added to the oflidal tax map no.2091201.Which le the Breddnrklp MW&'Sdwd tax pwcel.Roanoke Cily Public Schools has provided makhtenanoe,enow removal and room*had k mpevod. Proposed use of vacated street or alley: To oflfmny PvAdw mdnwwm.snow" mvw ww anyOwNimprovements Name of Applicant/Contact Person: sd,oa 6Oend of#*Ckr of Roeh,ft,an b"of ft CRy of Roanoke Roanoke My Pubft Schools I Chris Parkins or Jeff Shewver Mailing Addk mss: 4o D"m Ave NW Roanoke.VA 24012 Telephone: ( ) (50)8534" Fax: ( )(540)8w-140 E-mail: ww*vwGrcpe.k& Applicant(s)signature(s): ,AS- r Rill mw dill 1I 1 I I 1 1 1 1 I l l l t l l l l L------ IILIIIIIII 1 i i i i i ii i------------J q1{ I l l l l b 1 1 L-----------_ I i i –+–+------------ i I i i bgo I Ir---------- 3 1 I I t 1 � b� I I 1 I l l l l t I I L_____________ 1 I 1 I I I ! I 1 I 1 I I 1 I 1 1 I I H-----------"' 11 I 1 I 1 I I 1 1 I I � It It i i ii 1 L------------ I 1 I 1 1 I 1 1 1 1 IN 12 13 iii .ru• —r-�–�L�� R �' �� � �� ��iR � >s 1 I I 1 I I I I I L------------ lye �y► �� ! 1 I I I I I I 1 I IR R e 1 I I 1 1 I I I 1 I I------------- f �- ii ----------J b bb r– 6 L------------ 1 I I I I b gl 1 1b R a I 1 1 I 1 1 1 I M � EE b b I I 1 1 1 1 �' 1 I r------- ---- -- yM I I 1 R $ b t I___————_—_——-( fe�a�[� f 1 I I 1 i i i i i Ir –_____-- bil ---- � 111111 HER Y N C coN o cs M 00 as ol 0 0 5 9 o z TAXID SFHA Firm Panel Communit,Floodway Assessmen PropertyAr PropertyUE LegalDescr MailAddre!MailCity MailState MailZip 2090901 51161C0lE 0130 16 0.2511 200-Singlef LOT 1 BD 3201 FLEM ROANOKE VA 24012 2090902 51161C0lE 0130 16 0.2493 200-Singlef LOT 2 E 3209 FLEM ROANOKE VA 24012 2090806 51161C0lE 0130 16 0.2492 200-Singlef LOT 6 BL 3131 FLEM ROANOKE VA 24012 2091007 51161C0lE 0130 16 0.2554 200-Singlef LOT 1 BL 3201 TROY ROANOKE VA 24012 2091201 51161C0lE 0130 710 9.7013 451-Comm ACREAGE 40 DOUGU ROANOKE VA 24012 2091701 51161C0lE 0130 16 0.2546 200-Singlef LOT 1 1303202 TROY ROANOKE VA 24012 2100101 51161C0lE 0130 710 0.4133 400-Comm LOT 1-2-3-13295 PITZE ROANOKE VA 24014 2100109 51161C0lE 0130 710 0.3439 400-Comm LOT 25-26- 1260 TRAP ROANOKE VA 24012 2100110 51161C01E 0130 710 0.1719 400-Comm LOT 29-30 1260 TRAP ROANOKE VA 24012 2100111 51161C0lE 0130 710 0.1382 400-Comm LOT 31 & P 1260 TRAP ROANOKE VA 24012 2100112 51161C0lE 0130 710 0.4126 400-Comm LOT 34-35- 1260 TRAP ROANOKE VA 24012 2100601 51161C0lE 0130 710 9.6963 451-Comm BLK B PO BOX 14 ROANOKE VA 24007 2100701 51161C0lE 0130 16 0.2566 200-Singlef LOT 1 BL 3201 TRINM ROANOKE VA 24012 2100801 51161C0lE 0130 16 0.2815 200-Singlef LOT 1 BLf 3202 TRINE ROANOKE VA 24012 2090805 51161C01E 0130 16 0.2492 200-Singlef LOT 5 BLK 3125 FLEM ROANOKE VA 24012 2090804 51161C0lE 0130 16 0.2502 200-Singlef LOT 4 BD3119 FLEM ROANOKE VA 24012 2090803 51161C0lE 0130 710 1.4699 455-Comm LOT 12 3 9 3115 FLEM ROANOKE VA 24012 2090701 51161C0lE 0130 710 2.1327 151-Vacani LOTS 1 2 ;PO BOX 14 ROANOKE VA 24007 2090601 51161C0lE 0130 710 2.6610 451-Comm LOT ACREA PO BOX 14 ROANOKE VA 24007 2090514 51161C0lE 0130 710 0.1603 140-Comm LOTS 21-22 7007 LINN ROANOKE VA 24019 2090509 51161C01E 0130 16 0.1603 200-Singlef LTS 22-A& 7007 LINN ROANOKE VA 24019 2090508 51161C0lE 0130 710 0.1603 400-Comm LOT 19&20 PO BOX 56 BOON ES M VA 24065 2090507 51161C0lE 0130 710 0.1618 140-Comm LOT 17&18 PO BOX 56 BOONES M VA 24065 2090506 51161C0lE 0130 710 0.3149 400-Comm LOT 13-14-4901 RENE ROANOKE VA 24018 2090505 51161C0lE 0130 710 0.1758 400-Comm LOTS 10-114901 RENE ROANOKE VA 24018 2091001 51161C0lE 0130 16 0.2595 200-Singlef LOT 1 BD 3204 FLEM ROANOKE VA 24012 2161313 51161C0lE 0130 710 0.3226 400-Comm LOT A BLI 2514 WILLI ROANOKE VA 24012 2161315 51161C0lE 0130 710 0.3857 400-Comm LOT 3-4 N3824 WILLI ROANOKE VA 24012 2161019 51161C0lE 0130 710 2.7294 400-Comm NEW LOT 1 PO BOX 12 ROANOKE VA 24027 2161019 51161C01E 0130 710 2.7294 400-Comm NEW LOT 1 PO BOX 12,ROANOKE VA 24027 2161017 51161C01E 0130 710 1.0793 140-Comm LOTS 8-9A-2009 WILLI ROANOKE VA 24012 2161319 51161C0lE 0130 710 0.1528 400-Comm LOT 8 BLK :1516 ETON ROANOKE VA 24018 2161319 51161C0lE 0130 710 0.1528 400-Comm LOT 8 BLK :1516 ETON ROANOKE VA 24018 2161318 51161C0lE 0130 710 0.1632 400-Comm LOT 7 BU 1516 ETON ROANOKE VA 24018 2161317 51161C0lE 0130 710 0.1709 400-Comm LOT 6 BLK 5509 COLE ROANOKE VA 24018 2161316 51161C0lE 0130 710 0.1797 400-Comm LT 5 BLK 1 146 BOGEY SALEM VA 24153 2090808 51161C01E 0130 16 0.2492 200-Singlet LOT 8 BD 3143 FLEM ROANOKE VA 24012 2090807 51161C0lE 0130 16 0.2504 200-Singlet LOT 7 BU 2904 JEFFE EADS TN 38028 LocalAddre LocalCity LocalZip Ownerl Owner2 Zoning Assessmen LanclValue Improvemf TotalValue YearBuilt BuildingTyr Stories 3201 FLEM ROANOKE 24012 SMITH DA%SMITH DA%R-7 01/01/202.24500 150000 174500 1955 41 Newer 91.0 3209 FLEM ROANOKE 24012 DUGGER S7 DUGGER Sl R-7 01/01/202.24500 124700 149200 1950 43 Newer 11.0 3131 FLEM ROANOKE 24012 HOLNESS C HOLNESS C RM-1 01/01/202 24500 114200 138700 1949 51 Newer 91.5 3201 TROY ROANOKE 24012 HARLESS LI HAIRLESS L)R-7 01/01/202.24500 116500 141000 1956 41 Newer J 1.0 3901 WILLI ROANOKE 24012 BRECKENRI BRECKENRI INPUD 01/01/202 845200 7366300 8211500 1940 School Clas 2 3202 TROY ROANOKE 24012 CRAWFOR[CRAWFOR[R-7 01/01/202.24500 105400 129900 1955 41 Newer 11.0 4009 WILLI ROANOKE 24012 GILLS TOD[GILLS TOD[CN 01/01/202.162000 79500 241500 1950 Auto Servi(1 3032 TRINE ROANOKE 24012 ENTERPRIS ENTERPRIS CN 01/01/202 74100 139300 213400 1961 Industrial F 1 3024 TRINE ROANOKE 24012 ENTERPRIS ENTERPRIS CN 01/01/202.37100 99400 136500 1960 General Re 1 3022 TRINE ROANOKE 24012 ENTERPRIS ENTERPRIS CN 01/01/202 29800 108200 138000 1953 General Re 1 3014 TRINE ROANOKE 24012 ENTERPRIS ENTERPRIS CN 01/01/20289000 107300 196300 1953 Service Gar 1 3137 PRES"ROANOKE 24012 CITY OF RO CITY OF RO ROS 01/01/202 506900 204900 711800 1960 Communit),1 3201 TRINE ROANOKE 24012 WOODWAI WOODWAI R-7 01/01/202 24500 95500 120000 1957 41 Newer 11.0 3202 TRINE ROANOKE 24012 GARDNER 1 GARDNER(R-7 01/01/202 24500 123700 148200 1959 41 Newer 11.0 3125 FLEM ROANOKE 24012 TILLER ROI\TILLER ROI\RM-1 01/01/202 24500 137300 161800 1951 41 Newer J 1.0 3119 FLEM ROANOKE 24012 MCALLISTE MCALLISTE RM-1 01/01/202 24500 54800 79300 1950 43 Newer 11.0 3115 FLEM ROANOKE 24012 TRS BETHA TRS BETHA IN 01/01/202115300 876400 991700 1946 Church w/ 2 0 WILLIAM ROANOKE CITY OF RO CITY OF RO INPUD 01/01/202 185800 0 185800 3837 WILLI ROANOKE 24012 CITY OF RO CITY OF RO INPUD 01/01/202 231800 1609800 1841600 1964 Library or P 1 0 FLEMING ROANOKE MAI HOA T MAI HOA T MX 01/01/202 31400 0 31400 3103 FLEM ROANOKE 24012 MAI HOA T MAI HOA T MX 01/01/202 30900 68200 99100 1949 43 Newer 11.0 3021 FLEM ROANOKE 24012 AYERS KEN AYERS KEN CG 01/01/202 34600 138500 173100 1960 General Re 1 0 FLEMING ROANOKE AYERS KEN AYERS KEN CG 01/01/20234900 0 34900 3015 FLEM ROANOKE 24012 LEE HWAN LEE HWAN CN 01/01/202 67900 128900 196800 1958 Dry Cleane 1 3013 FLEM ROANOKE 24012 LEE HWAN LEE HWAN CN 01/01/202 68900 92900 161800 1969 Laundromz 1 3204 FLEM ROANOKE 24012 CARICO LO CARICO LO R-7 01/01/202 24500 139500 164000 1945 51 Newer 11.75 3832 WILLI ROANOKE 24012 HUNTER RE HUNTER RE CN 01/01/202132800 82600 215400 1958 Complete 11 3824 WILLI ROANOKE 24012 JOBRAH & JOBRAH & CN 01/01/202 151200 183400 334600 1945 Mixed Retz 2 3926 WILLI ROANOKE 24012 FARRELL PE FARRELL PE CG 01/01/202 642000 448400 1090400 1934 Complete/2 3926 WILLI ROANOKE 24012 FARRELL PE FARRELL PE CG 01/01/202 642000 448400 1090400 1965 Complete�1 4000 WILLI ROANOKE 24012 FARRELL PE FARRELL PE CN 01/01/202 338500 0 338500 3806 WILLI ROANOKE 24012 BEHELER Y`BEHELER Y`CN 01/01/202 62900 150700 213600 1932 Mixed Retz 2 3806 WILLI ROANOKE 24012 BEHELER Y`BEHELER Y`CN 01/01/202 62900 150700 213600 1988 Mini Warel 1 O O N N N a v O L L � 3 3 X x c Z Z M M M 111 Lfl 01 01 Q1 Q1 Ol r-I r♦ r-I r1 c-1 O O O O O O O O O Ol 1.0 I:T d' O O w m O l0 d' r-I In m o0 0 O o 0 0 0 o o o 01 0 m �.o O m r1 1.0 r-1 m O rl Ln w r-I rl O O O O o 0 0 0 0 0 O O � Ln In Itt r- O It w w 1l N N N N N N N O O O O O N N N N N \ \ \ \ \ r-I r-I r-I r l -i O O O O O \ \ \ \ \ r-I r-I r-I r-I r-I O O O O O ri c-1 Z Z Z U U U cc Q to w w w ap 0 2 z = w � J O ~ w U m �c vii p Q w w w Q 0 = z = w D J O �— m w t>2 Y LA w N N N N N r-I r-I %-I ri r-I O O O O O Q 141, N N N N N LU w w uI w Y Y Y Y Y O O O O O Z Z Z Z Z Q Q Q Q Q O O O O O c Of cr- J J J J J �Jj w w LL Ll o It w m r- r-I r-I r-I Z3, m 00 00 00 r-I r-I cin cn m cn cin ExteriorDe!FinishedSiz Foundatior STRUCTURI LowerSplitl LowerFinisl TotalRoom TotalBedro Attic AtticFin BasementA BasementF RoofStyle Brick veneE 1456 Full Bsmt Wood frarr 0 0 9 3 None 0 1456 745 Gable Brick 1372 1/4 Bsmt, :Wood frarr 0 0 7 3 Part 343 343 0 Gable Brick veneE 1350 Full Bsmt Wood frarr 0 0 5 3 None 0 900 0 Gable Brick veneE 1296 Full Bsmt Wood frarr 0 0 8 3 None 0 1296 648 Gable 90571 Fire Resistz 0 None 1 Brick veneE 1296 Full Bsmt Wood frarr 0 0 6 3 None 0 1296 0 Gable 1706 Fire Resistz 0 None 1 5250 Fire Resistz 0 None 1 3430 Fire Resistz 0 None 1 4130 Fire Resistz 0 None 1 7200 Fire Resistz 0 None 1 3305 Fire Resistz 0 None 4 Brick veneE 1149 Full Bsmt Wood frarr 0 0 5 3 None 0 1149 0 Gable Brick veneE 1109 Full Bsmt Wood frarr 0 0 7 3 None 0 1109 900 Gable Brick veneE 1792 3/4 Bsmt Wood frarr 0 0 6 2 None 0 1550 517 Gable Brick veneE 832 Full Bsmt Wood frarr 0 0 4 2 Part 0 832 0 Gable 9668 Fire Resistz 0 None 4030 0 4 10232 Fire Resistz 0 None 1 Brick veneE 939 Full Bsmt Wood frarr 0 0 5 3 Part 216 939 0 Gable 2621 Fire Resistz 0 None 1 3775 Fire Resistz 0 None 1 1840 Fire Resistz 0 None 1 Vinyl siding 1798 3/4 Bsmt, ]Wood frarr 0 0 10 3 None 0 936 702 Gable 2208 Fire Resistz 0 None 1 4062 Wood Fran 4 None 1500 0 4 10724 Fire Resistz 0 None 1 1956 Fire Resistz 0 None 1 1691 Wood Fran 0 None 4 2086 Fire Resistz 0 None 1 C) a, -0 -0 m � rn O O O O O m 110 N N I, N N l0 O c-I Ol N I� � ci l0 Ql O O OJ U1 U1 N C C C 1 C O O O M" O Z Z Z a Z M M O O O LO m O O O O to ro ro co to L L L L L LL LL LL 4- � O 20 20 O O Y � Etn E m m N = \ =3 ei L- N M O IZI- M 01 00 00 Il I- Ln -zt rn N c-I c-I N c-I m aiv c c > Y U � L m Q RoofCover HeatingTyp CentralAir TwoFixture ThreeFixtui FourFixturE FiveFixture AttachedG;DetachedG AttachedCi BasementC EnclosedPc OpenPorch Comp sh tc Heat pump Y 0 2 0 0 291 576 0 0 Comp sh tc Heat pump Y 0 2 0 0 330 0 0 Comp sh tc Forced hot Y 0 1 0 0 280 0 192 Comp sh tc Forced hot Y 0 2 0 0 0 0 90571 sf N 120 Comp sh tc Forced hot Y 1 1 0 0 288 0 0 0 sf N 2 0 5250 sf N 2 0 0 sf N 2 0 0 sf N 2 0 0 sf N 2 0 3305 sf N 2 0 Comp sh tc Forced hot Y 0 1 0 0 0 0 Metal starn Forced hot Y 0 2 0 0 302 170 0 Comp sh tc Forced hot Y 0 2 0 0 308 0 85 Comp sh tc Forced hot Y 0 1 0 0 B 2 0 0 0 sf N 0 sf N Comp sh tc Baseboard Y 0 1 0 0 360 0 0 0 sf N 0 sf N 1840 sf N Comp sh tc Forced hot Y 0 2 0 0 378 0 0 192 sf N 0 sf N 40 0 sf N 0 sf N 1873 sf N 90 135 2086 sf N 970 sf N 102 891 sf N 161 0 sf N Comp sh tc Forced hot Y 0 1 0 0 400 240 0 Comp sh tc Forced hot Y 0 1 0 0 583 0 0 WoodDeck Otherlmpri Otherlmpr(Otherlmpri Otherlmpr(LastSaleDa LastSaleAmt 0 Residential Residentia 04/15/2010 0 CONCP 09/21/201'169900 0 06/19/2011125000 0 Residentia 10/17/200.0 fieldhse Restroom OMP 07/04/17710 0 01/25/200.0 03/29/1991143300 Commerciz 04/07/200 500000 Storage Industrial T 04/07/200;500000 Industrial T Shed-Ope 04/07/200;500000 04/07/200;500000 07/04/17710 0 12/30/20010 0 Residentia Shed-Ope 04/09/199175000 339 07/04/17710 0 06/14/202 155000 07/04/17710 07/04/17710 07/04/17710 05/16/20170000 0 Residential 05/16/201:70000 Shed -Gen 12/15/199:148000 12/15/199:148000 12/28/2001250000 Commerciz 12/28/2001250000 0 07/04/17710 Commerciz 07/23/201.0 05/22/201.265000 Commerciz 08/31/200.518212 08/31/200 518212 11/11/200:352000 01/12/2001100000 01/12/200'100000 90 05/15/19810 09/27/198:34500 03/16/202 95000 644 Residential Lean-to Shed -Ope 07/22/198147000 0 Residentia Residential 07/19/201,92500 AFFIDAVIT REQUEST: Application by the School Board of the City of Roanoke to vacate Truman Avenue, a street adjacent to 3837 Williamson Road, bearing Official Tax Map No. 2090601, and 0 Williamson Road NW, bearing Official Tax Map No. 2090701. Truman Avenue is approximately 381 linear feet,running northeast from the intersection of Williamson Road NW, ending in a cul-de-sac adjacent to 3901 Williamson Road NW, bearing Official Tax Map No. 2091201. COMMONWEALTH OF VIRGINIA ) )TO-WIT: CITY OF ROANOKE ) The affiant,Tina M. Carr,first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail this 'SfJ ehC� 2021, notices of a public hearing to be held on this 0((�PIWItO22, on a request captioned above to the owner or agent of the parcels as set oL4 the attache . Tina M. Carr SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,this day of 'a 2021. SAYAty • ;si '. otary P lic :��� ' •Np• ' �, pUBgRY o: RFo. �`�vc •:� MY�0M X92 0••• 4Nei S��NQ: PLANNING BUILDING AND DEVELOPMENT Noel C. Taylor Municipal Building 215 Church Avenue SW, Room 170 Roanoke, Virginia 24011 ROA N O K E Phone: 540-853-1730Email: planningLroanroanokeva.gov Dear Adjoining Property Owner and/or Interested Party: December 21 , 2021 Application by the School Board of the City of Roanoke to vacate Truman Avenue, a street adjacent to 3837 Williamson Road, bearing Official Tax Map No. 2090601, and 0 Williamson Road NW, bearing Official Tax Map No. 2090701. Truman Avenue is approximately 381 linear feet, running northeast from the intersection of Williamson Road NW, ending in a cul-de-sac adjacent to 3901 Williamson Road NW, bearing Official Tax Map No. 2091201. The complete application can be viewed on the Planning, Building, & Development website at http://roanokeva.gov/1088/Planning-Commission. The Roanoke City Planning Commission is scheduled to consider the application described above at its public hearing: Monday, January 10, 2022, 11:30 p.m. City Council Chamber, Room 450, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, VA 24011 All persons wishing to address the Planning Commission must sign-up with the Secretary to the Planning Commission by emailing planning(ac_roanokeva.gov or by calling (540)853-1330 by noon, Wednesday, January 5, 2022. If requested, persons who register to speak will be provided with information to present their testimony via electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at planning(a)-roanokeva.gov by noon, Wednesday, January 5, 2022. Citizens are advised that the date on which citizens may register to speak or make comment is a departure from the usual date. According to real estate records, you own property that is adjoining the subject property or are an interested party. If you care to make any comments concerning this request, you are welcome to register to speak at the meeting or email your comments to the Secretary to the Planning Commission, as described above. To determine if there are changes to the status of this request, please see the agenda package for the Planning Commission public hearing, which will be posted online at http://roanokeva.gov/1088/Planning-Commission one week prior to the hearing or contact me at (540) 853-1330 for additional information. Very truly yours, Tina M. Carr Secretary to the Planning Commission Any person with a disability requiring any special accommodation to participate in the meeting should contact Planning, Building, & Development at(540)853-1730. The Roanoke Times Account Number Roanoke,Virginia 6011439 Affidavit of Publication Date CITY OF ROANOKE-PDB January 25,2022 Attn TINACARR 215 CHURCH AVE ROOM 166 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 01/13/2022 Trustee Sales PUBLIC HEARING NOTICE Any public hearings advertised hi 1 x 220 L 2,076.40 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: 12/28,01104/2022 The First insertion being given... 12/28/2021 Newspaper reference: 0001291382 F. Billing Representative Sworn to and subscribed before me this 25th Day of January 2022 Notary Public Crystal Mickie Robinson Notary Public C/Ia4lState of Virginia Commonwealth of Virginia Reg.No.7932290 County of Hanover My Comm.Expires June 30,2025 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 SW,Roanoke,Virginia. This public hearing may be conducted by electronic communication means due to the COVID-19 pandemic disaster. Persons registered to speak may request information to present their testimony via electronic communication means, as described below. Citizens who register will be provided information to present their testimony in person or via electronic communications means should the public hearing be conducted by electronic communications means due to the COvw-n pandemic disaster.All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online at https:H roanokeva.gov/2019/Commissions or may be obtained digitally by emailing planning@roanokeva.gov. If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853-2541,by noon,Friday,January 7,2022. Cecelia F.McCoy,CMC,City Clerk The City of Roanoke Planning corrnnission will hold a public hearing on January 10,2022,at 1:30 p.m.,or as soon thereafter as the matters may be heard, to consider the following matters. All persons wishing to address the Planning Commission must sign-up with the Secretary to the Planning Commission by emailing planning@roanokeva.gov or by calling (540)853-1330 by noon, Wednesday, January S.2022. If requested,persons who register to speak will be provided with information to present their testimony via electronic communication means. Written comments of interested persons will be received by the Secretary to e Planning Commission at p annithngA- roanokeva.goq by noon, Wednesday, January 5,2022. Application by 829 Salem Avenue,LLC, to rezone property located at 829 Salem Avenue SW,bearing Official Tax Map No. 1111009, from 1-1, Light Industrial District, to UF, Urban Flex District The land use categories permitted in OF include residential; accommodations and group living; commercial; industrial; warehousing and distribution; assembly and entertainment;public,institutional and community facilities; transportation; utility uses and structures;agricultural; and accessory, but does not specify density. The comprehensive plan designates the property for industrial use and Downtown Plan 2017 designates the property for rezoning to urban flex. The proposed use is mixed use building. Application by the School Board of the City of Roanoke to amend the Institutional Planned Unit Development Plan("Plan")as a part of a previous rezoning at 3601 Femcliff Avenue NW, bearing Official Tax Map No.6460102, through the adoption of Ordinance No. 38613.092109 on September 21, 2009. Amendments to the Plan include changes in uses of particular buildings and additional support buildings and parking. Zoning of the property will remain INPUD, Institutional Planned Unit Development District,and includes residential; accommodations and group living; commercial; assembly and entertainment;public,institutional and community facilities; transportation; utility; agricultural; solar; and accessory', with maximum density as specified on the planned unit development plan. The comprehensive plan designates the property for park/open space/public, but does not specify density. The proposed use of the property remains unchanged. Application by the School Board of the City of Roanoke to vacate Truman Avenue, a street adjacent to 3837 Williamson Road NW,bearing Official Tax Map No.2090601,and 0 Williamson Road NW,bearing Official Tax Map No. 2090701. Truman Avenue is approximately 381 linear feet,running northeast from the intersection of Williamson Road NW,ending in a cul- de-sac adjacent to 3901 Williamson Road NW,bearing Official Tax Map No. 2091201. Tina M.Carr,Secretary, City Planning Commission Chy Councfl will hold a public hearing on the aforesaid matters on January 18, 2022,at 7:00 p.m.,or as soon thereafter as the matter may be heard,in the City Council Chamber, fourth floor, Room 450,Noel C.Taylor Municipal Building, 215 Church Avenue SW, 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. All persons wishing to address City Council may sign-up online at www.roanokeva.gov/council. In order to sign up,the form to speak before City Council may be accessed under the tab"Sign Up Form to Speak Before Council" on the left of the screen. Sign up forms must be received by noon on Tuesday,January 18. 2022. In the event the public hearing Is conducted by electronic communication means due to the COVID-19 pandemic disaster,you will be notified by the City Clerk's Office. For further information, you may contact the Office of the City Clerk at (540)853-2541. Cecelia F.McCoy,CMC,City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on January 12,2022,at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider the following applications. All persons wishing to address the Board of Zoning Appeals must sign-up with the Secretary to the Board of Zoning Appeals by emailing planning@roanokeva.gov or by calling (540)853.1730 by noon,Friday,January 7, 2022. If requested, persons who register to speak will be provided with information to present their testimony via electronic communication means. Written comments of Interested persons will be received by the Secretary to the Board of Zoning Appeals at planning@roanokeva.gov on or prior to noon, Friday, January 7, 2022. Application by Exquisito G&M,Inc.,for property located at 2623 Peters Creek Road NW,bearing Official Tax Map No. 6370102, for a special exception pursuant to Section 36.2.315,Zoning, Code of the City of Roanoke(1979),as amended, to permit eating and drinking establishment, abutting a residential district. Application by Exquisito G&M,Inc,for property located at 2623 Peters Creek Road NW,bearing Official Tax Map No. 6370102, for a special exception pursuant to Section 362-315, Zoning, Code of the City of Roanoke(1979),as amended,to permit an entertainment establishment, abutting a residential district. Application by Robert and Catherine Hartman,for property located at 810 Welton Avenue SW, bearing Official Tax Map No. 1250142, for a special exception pursuant to Section 362-311, Zoning, Code of the City of Roanoke (1979), as amended to permit a dwelling,two-family. Tina M.Carr,Secretary,City Board of Zoning Appeals (1291382) 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 SW, Roanoke, Virginia. This public hearing may be conducted by electronic communication means due to the COVID-19 pandemic disaster. Persons registered to speak may request information to present their testimony via electronic communication means, as described below. Citizens who register will be provided information to present their testimony in person or via electronic communications means should the public hearing be conducted by electronic communications means due to the COVID-19 pandemic disaster. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online at https://roanokeva.gov/2019/Commissions or may be obtained digitally by emailing planninga,roanokeva.gov. If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853-2541, by noon, Friday, January 7, 2022. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Planning Commission will hold a public hearing on January 10, 2022, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters. All persons wishing to address the Planning Commission must sign-up with the Secretary to the Planning Commission by emailing planning cyroanokeva.gov or by calling(540)853-1330 by noon, Wednesday, January 5, 2022. If requested, persons who register to speak will be provided with information to present their testimony via electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at planning,Lroanokeva.gov by noon, Wednesday, January 5, 2022. Application by 829 Salem Avenue, LLC, to rezone property located at 829 Salem Avenue SW, bearing Official Tax Map No. 1111009, from 1-1, Light Industrial District, to UF, Urban Flex District. The land use categories permitted in OF include residential; accommodations and group living; commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility uses and structures; agricultural; and accessory, but does not specify density. The comprehensive plan designates the property for industrial use and Downtown Plan 2017 designates the property for rezoning to urban flex. The proposed use is mixed use building. Application by the School Board of the City of Roanoke to amend the Institutional Planned Unit Development Plan ("Plan") as a part of a previous rezoning at 3601 Ferncliff Avenue NW, bearing Official Tax Map No. 6460102, through the adoption of Ordinance No. 38613-092109 on September 21, 2009. Amendments to the Plan include changes in uses of particular buildings and additional support buildings and parking. Zoning of the property will remain INPUD, Institutional Planned Unit Development District, and includes residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; solar; and accessory; with maximum density as specified on the planned unit development plan. The comprehensive plan designates the property for park/open space/public,but does not specify density. The proposed use of the property remains unchanged. Application by the School Board of the City of Roanoke to vacate Truman Avenue, a street adjacent to 3837 Williamson Road NW, bearing Official Tax Map No. 2090601, and 0 Williamson Road NW, bearing Official Tax Map No. 2090701. Truman Avenue is approximately 381 linear feet, running northeast from the intersection of Williamson Road NW, ending in a cul-de-sac adjacent to 3901 Williamson Road NW, bearing Official Tax Map No. 2091201. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on January 18, 2022, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, 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. All persons wishing to address City Council may sign-up online at www.roanokeva.,gov/council. In order to sign up, the form to speak before City Council may be accessed under the tab "Sign Up Form to Speak Before Council"on the left of the screen. Sign up forms must be received by noon on Tuesday, January 18, 2022. In the event the public hearing is conducted by electronic communication means due to the COVID-19 pandemic disaster, you will be notified by the City Clerk's Office. For further information, you may contact the Office of the City Clerk at (540)853-2541. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on January 12, 2022, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider the following applications. All persons wishing to address the Board of Zoning Appeals must sign-up with the Secretary to the Board of Zoning Appeals by emailing plannin Lvroanokeva. ov or by calling (540)853-1730 by noon, Friday, January 7, 2022. If requested, persons who register to speak will be provided with information to present their testimony via electronic communication means. Written comments of interested persons will be received by the Secretary to the Board of Zoning Appeals at planning g roanokeva.gov on or prior to noon, Friday, January 7, 2022. Application by Exquisito G&M, Inc., for property located at 2623 Peters Creek Road NW, bearing Official Tax Map No. 6370102, for a special exception pursuant to Section 36.2-315, Zoning, Code of the City of Roanoke(1979), as amended, to permit eating and drinking establishment, abutting a residential district. Application by Exquisito G&M, Inc., for property located at 2623 Peters Creek Road NW, bearing Official Tax Map No. 6370102, for a special exception pursuant to Section 36.2-315, Zoning, Code of the City of Roanoke(1979), as amended, to permit an entertainment establishment, abutting a residential district. Application by Robert and Catherine Hartman, for property located at 810 Welton Avenue SW, bearing Official Tax Map No. 1250142, for a special exception pursuant to Section 36.2-311, Zoning, Code of the City of Roanoke (1979), as amended, to permit a dwelling, two-family. Tina M. Carr, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, December 28, 2021, and Tuesday, January 4, 2022. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Secretary to the Board of Zoning Appeals Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 540/853-1730 tina.carraroanokeva.gov Please send affidavit of publication to: Cecelia F. McCoy, CMC, City Clerk 215 Church Avenue SW, Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011-1536 540/853-2541 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 .z„ Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerkC;roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CHIC Deputy City Clerk City Clerk January 3, 2022 Chris Perkins Chief Operations Officer Roanoke City Public Schools 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Mr. Perkins: A public hearing has been advertised to be heard by the City Planning Commission on Monday, January 10 at 1:30 p.m. in regard to a request by the School Board of the City of Roanoke to vacate Truman Avenue, a street adjacent to 3837 Williamson Road, N. W., and 0 Williamson Road, N. W. Truman Avenue is approximately 381 linear feet, running northeast from the intersection of Williamson Road, N. W., ending in a cul-de-sac adjacent to 3901 Williamson Road, N. 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, January 18 at 7:00 p.m., 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, January 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, (?"&L VX& Cecelia F. McCoy, CMC City Clerk Enclosure c: Jeff Shawver, Chief of Physical Plants, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Tina Carr, Secretary to the City Planning Commission CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CHIC E-mail: clerkCroanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk January 3, 2022 Dear Ladies and Gentlemen: A public hearing has been advertised to be heard by the City Planning Commission on Monday, January 10 at 1:30 p.m. in regard to a request by the School Board of the City of Roanoke to vacate Truman Avenue, a street adjacent to 3837 Williamson Road, N. W., and 0 Williamson Road, N. W. Truman Avenue is approximately 381 linear feet, running northeast from the intersection of Williamson Road, N. W., ending in a cul-de-sac adjacent to 3901 Williamson Road, N. 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, January 18 at 7:00 p.m., 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, January 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, CMC City Clerk Enclosure Adjoining Property Owners and Interested Parties January 3, 2022 Page 2 PC: Hwan Tea Lee and Hyon Cha, 4901 Renee Lane, Roanoke, Virginia 24018 Hoa T. Mai, 7007 Linn Drive, Roanoke, Virginia 24019 Trustees of Bethany Christian Church, 3115 Fleming Avenue, N. W., Roanoke, Virginia 24012 Kenneth Eugene Ayers and Tracy Dudley, P. O. Box 563, Boones Mill, Virginia 24065 Ronnie C. Tiller and Wanda L. Tuck, 3125 Fleming Avenue, N. W., Roanoke, Virginia 24012 K. C. Jones, Jr., Inc., 146 Bogey Lane, Salem, Virginia 24153 City of Roanoke, P. O. Box 1451, Roanoke, Virginia 24007 Jobrah & Fils, LLC, 3824 Williamson Road, #D, Roanoke, Virginia 24012 Raymond C. Woodward, 3201 Trinkle Avenue, N. W., Roanoke, Virginia 24012 Jay P. McAllister, 3119 Fleming Avenue, N. W., Roanoke, Virginia 24012 Resident of 3202 Trinkle Avenue, N. W., Roanoke, Virginia 24012 Delroy D. Holness, 3131 Fleming Avenue, N. W., Roanoke, Virginia 24012 Jose Rene Romero, 2904 Jefferson Road, Eads, Tennessee 38028 David Lane Smith and Susan Meador, 3143 Fleming Avenue, N. W., Roanoke, Virginia 24012 David L. Smith, 3201 Fleming Avenue, N. W., Roanoke, Virginia 24012 Steven S. Dugger, 3209 Fleming Avenue, N. W., Roanoke, Virginia 24012 Louise K. Carico, 3204 Fleming Avenue, N. W., Roanoke, Virginia 24012 Larry T. and Betty D. Harless, 3201 Troy Avenue, N. W., Roanoke, Virginia 24012 Roanoke City Public Schools, Breckenridge Jr. High School, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Judy K. Crawford, 3202 Troy Avenue, N. W., Roanoke, Virginia 24012 Todd R. Gills, 3295 Pitzer Road, Roanoke, Virginia 24014 Enterprise Investments, Ltd., 1260 Trapper Circle, N. W, Roanoke, Virginia 24012 Hunter Real Estate Group, 2514 Williamson Road, N. E., Roanoke, Virginia 24012 City of Roanoke, Preston Park, P. O. Box 1451, Roanoke, Virginia 24007 Tina Carr, Secretary to the City Planning Commission kj� IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 18th day of January 2022. No. 42266-011822. AN ORDINANCE authorizing the City Manager or his designee to execute a lease agreement and services agreement with The Roanoke-Blacksburg Innovation Network d/b/a Valleys Innovation Council ("VIC"), for the lease of an approximately 0.1671 acre parcel of City-owned property located at 709 South Jefferson Street, S.W., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 1020510; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on January 18, 2022, pursuant to Sections 15.2- 1800 and 15.2-1813, Code of Virginia(1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or his designee is hereby authorized, to execute, in a form approved by the City Attorney, a lease agreement with VIC to lease an approximately 0.1671 acre parcel of City-owned property located at the 709 South Jefferson Street, S.W., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 1020510, to be operated by VIC, or its designee, as an acceleration center focused primarily on connecting early stage companies to peers, mentors, and investors for a term of up to five years, commencing on February 1, 2022. The City and VIC will also enter into a Management Services Agreement ("Services Agreement'). The Services Agreement will set forth the terms under which VIC, or its designee, will operate the acceleration center. VIC or its designee, will pay rent to the City, and the City, subject to appropriation, will pay operational expenses of the acceleration center that exceed revenues generated at the acceleration center, up to $25,000 annually during the term of the lease, as more particularly described in the City Council Agenda Report dated January 18, 2022. 2. The City Manager or his designee is further authorized to execute such other agreementsand documents, and take such other actions, deemed necessary to effectuate, implement, administer, and enforce the Lease. The form of such other agreements and documents shall be approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. --- CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 18, 2022 Subject: Proposed Management Services Agreement and Lease with the Roanoke-Blacksburg Innovation Network for the Lease Conveyance of City-Owned Property located at 709 South Jefferson Street Background: The Roanoke-Blacksburg Innovation Network, a Virginia non-stock corporation d/b/a Valleys Innovation Council (VIC) has expressed an interest to enter into a three-year lease agreement with the City of Roanoke (City) to serve as sub- landlord and property manager for the property known as the former Gill Memorial Hospital Building (Gill Memorial Building) located at 709 South Jefferson Street (Official Tax Map No. 1020510) for the lease and management of the Gill Memorial Property as contained in the attached Management Services Agreement and Lease Agreement. The City obtained the Gill Memorial Building from Carilion Services, Inc. via an option agreement dated October 21 , 2014 with the intention of housing an acceleration center (later knowns as the Regional Acceleration and Mentoring Program (RAMP)) focused primarily on connecting early stage companies to peers, mentors, and investors and used a $600,000 grant provided by the Virginia Department of Housing and Community Development's (DHCD) Industrial Revitalization Fund to renovate the property. The City subsequently entered into a Management Services Agreement and Lease with the Virginia Western Community College Educational Foundation (VWCC) in December 2015 with terms similar to the Agreement and Lease being contemplated with VIC, both of which are due to expire on January 31 , 2022. VWCC has informed the City it does not intend to renew the Management Services Agreement or the Lease. VIC currently operates RAMP within the Gill Memorial Building. The Lease Agreement shall provide for a nominal annual rent of one dollar per year for a term of three years, with two one-year options for renewal. Considerations: Among the salient points to consider in relation to this Agreement are the following: • VIC or its designee shall collect subtenant rents, and pay all operating expenses; • VIC's designee the Roanoke-Blacksburg Technology Council will continue to operate RAMP within the Gill Memorial Building, which include the following responsibilities: fundorag thaortsupport tentrepreneuion of f rs and recommendation of specific p grams companies housed within the Acceleration Center; VIC will seek a transfer of an agreement between VWCC and the Economic Development Authority of the City of Roanoke (EDA) through which the EDA agreed to provide additional funding in the form of $20,000 per year over a three-year period to offset operating expenses. That Agreement was renewed in September 2019 and has four years remaining; • The City will assist in offsetting any deficit in years when operating expenses exceed operating revenues by providing a cash payment to the Foundation. This payment is not to exceed $25,000 per year. Recommended Action: Absent comments at the public hearing needing further consideration, approve the terms of the Management Services Agreement and Lease Agreement between the City and VIC, as set forth in the attachment to this report. Authorize the City Manager to execute such Management Services Agreement and Lease Agreement between the City and VIC, substantially similar to the documents attached to this report, and to execute such other documents and to take such further actions as may be necessary to lease the Property and to implement, administer, and enforce such Management Services Agreement and Lease Agreement, with the forms of such Management Services Agreement, Lease Agreement, and any other documents to be approved as to form by the City;A7ey. Robert S. Cowell, .Jr. City Manager Distribution: Council Appointed Officers W. Brent Robertson, Assistant City Manager for Community Development Amelia Merchant, Director of Finance Marc Nelson, Director of Economic Development LEASE AGREEMENT This lease made this day of ,20_("Lease Agreement")by and between CITY OF ROANOKE,VIRGINIA, a Virginia municipal corporation, hereinafter called Lessor or the City, and THE ROANOKE-BLACKSBURG INNOVATION NETWORK, a Virginia non-stock corporation d/b/a Valleys Innovation Council,hereinafter called Lessee or VIC. RECITALS: WHEREAS, the City and Lessee have entered into a Management Services Agreement dated of even date herewith (the "Management Services Agreement"), in which the Lessee has agreed to certain terms and conditions to manage and operate, or to have its designee manage and operate, a technology acceleration center("Acceleration Center") focused primarily on providing classroom education related to accelerating technology startups and connecting early stage companies to peers, mentors, and investors; WHEREAS, the City desires to lease to Lessee that certain property, as described below, as renovated and upgraded, to manage and operate, or to have its designee manage and operate, the Acceleration Center at the leased premises and allow Lessee to enter into sublease agreements with third parties according to the terms contained herein; and WHEREAS, the City desires to lease the Leased Premises to Lessee for such purposes as defined herein,upon the terms and conditions stated below. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, and the Recitals set forth above which are incorporated herein and made a material part of this Lease, and for other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged by the City and Lessee, the City and Lessee agree as follows: SECTION 1. LEASED PREMISES Lessor hereby leases to Lessee, and Lessee accepts such lease, of all that real property located in Roanoke, Virginia, designated as Roanoke Official Tax Map No. 1020510, located at 709 South Jefferson Street,Roanoke,VA,24011,consisting of 0.1671 acres,more or less,together with a building and improvements thereon (the "Property"), as such Property has been, and will be, renovated and improved in accordance with the Management Services Agreement and terms and conditions contained herein("Leased Premises"). SECTION 2. CONDITION OF PREMISES A. Lessor represents and warrants to Lessee that,as of the commencement of the Lease Term, the Leased Premises will be in compliance with all laws, ordinances and regulations of or relating to commercial property located in the City of Roanoke, VA, including but not limited to the Americans with Disabilities Act of 1990 ("ADA"), building codes and environmental laws. Lessee may enter into a sublease or subcontract agreement with VIC or some other third party such that VIC or its designated third party shall be responsible for the day-to-day management of the Acceleration Center and the negotiation of one or more subleases with third parties, including but not limited to Cohort Companies (as defined in the Management Services Agreement). All 1 {2892402-2,118534-00002-01} subleases, other than any sublease between the Lessee and VIC, shall be in a form with terms and conditions at the sole discretion of Lessee to be included as Exhibit C attached to the Management Services Agreement;and,provided further,that no such terms and conditions of any sublease shall conflict with the terms and conditions contained herein or in the Management Services Agreement. The form of any sublease between Lessee and VIC shall be approved by Lessor, such approval not to be unreasonably withheld. Lessee acknowledges and agrees that at all times during the Lease Term(as defined in Section 3 below)two-thirds of the Leased Premises(or,2 floors)shall be used by Lessee, VIC, performing activities for the Accelerator Program, and/or Cohort Companies for the Accelerator Program; one-third of the Leased Premises may be used and/or subleased for any other purpose in accordance with all laws and this Lease Agreement B. Lessee accepts the Leased Premises in their "AS IS" condition as of the commencement of the Lease Term. As of the date of the commencement of the Lease Term, all utility services will be adequate for the Lessee's intended use. SECTION 3. LEASE TERM The term of the Lease shall be a term of three (3)years from February 1, 2022, and ending three (3) years after such date, subject to the termination rights of the parties as set forth in this Lease Agreement (the "Lease Term"). By mutual agreement of the parties, the Lease may be renewed for up to two (2) additional one (1) year periods of any combination thereof. If either party wants to renew the Lease that party shall give a written request to renew to the other party at least sixty (60) days before the expiration of the original term or any renewal term of the Lease. The party receiving such request shall either accept or reject in writing such request within thirty (30) days of receipt of that request,provided,however, if the party receiving the request to renew fails to respond within thirty(30)days,the request to renew shall be deemed to be rejected,unless the parties mutually agree otherwise. SECTION 4. RENT AMOUNT In consideration of its Lease of the Property, Lessee shall pay to the City the sum of one dollar ($1.00) per year, payable beginning on or before the beginning of the Lease Term and on each anniversary date of the beginning of the Lease Term. The City acknowledges and agrees that the rental amount set forth in this Section 4 is adequate consideration for this Lease Agreement and use of the Leased Premises by VIC for the Lease Term, and the City hereby waives any and all defenses and arguments of or relating to inadequate consideration. SECTION 5. ADDITIONAL RENT: TAXES AND OTHER CHARGES A. In addition to payment of the rent as set forth above, Lessee shall timely pay any taxes, leasehold taxes, or charges in connection with this Lease Agreement or under any sublease, or other use and occupancy agreement that Lessee, Cohort Companies, or other sublessees or occupants may be required by law or regulation to pay. The parties acknowledge and agree that Lessee is a 501(c)(3) entity which exempts Lessee from certain taxes. Exemption from any tax, in accordance with laws and at the discretion of Lessee, shall relieve Lessee from its duty under this Section. 2 12892402-2,118534-00002-01} B. Lessee shall reimburse the City for all stormwater utility fees assessed by the City of Roanoke for the Leased Premises pursuant to Chapter 11.5 Code of the City of Roanoke(1979), as amended. SECTION 6.RIGHT OF ENTRY The Lessor shall have the right to enter the Leased Premises upon twenty-four (24)hours advance written notice (except in the event of an emergency, in which case Lessor shall have the right to immediate entry) for the purpose of making necessary repairs or inspections to ensure that the conditions of this Lease Agreement are being fulfilled. Any contractual deficiencies in the conditions of the Leased Premises will be brought to Lessee's attention. Lessee will attempt to rectify said deficiencies within ten (10) working days or any other mutually agreed upon time frame. If Lessee refuses or fails to rectify the deficiencies, the Lessor may terminate this Lease Agreement as provided in Section 17 of this Lease Agreement. SECTION 7.MAINTENANCE OF LEASED PREMISES A. Lessee will maintain the Leased Premises,including the interior of the building and all contents therein, in good repair at Lessee's sole cost and expense. Lessee's maintenance responsibilities include: 1. Custodial and basic day to day maintenance; 2. All costs for utility use (power, telecommunication, Internet, water, sewer, garbage, etc.); 3. Routine and reasonable floor and carpet care at a minimum of twice a year; 4. Interior window cleaning; 5. Providing, cleaning and maintaining floor mats; 6. ' Providing pest control services; 7. Electrical system maintenance to include outlets, breakers, fuse boxes, etc. that are considered minor and not a major electrical system problem; 8. Plumbing to include repair of any small leaks and stoppages; 9. Replacement of fluorescent tubes and/or bulbs in light fixtures; 10. Snow and ice removal from parking lot and sidewalks; and 11. Elevator inspection and maintenance. B. Lessee shall also be responsible for other routine and regular repairs to the building. Routine and regular repairs are those repairs with no one expense exceeding $500, which may include but are not limited to: 1. Minor electrical work; 2. Plumbing repairs; 3. Painting; and 4. Glass repair. C. Lessor shall be solely responsible for all other maintenance and repairs of the exterior(including the roof) and the mechanical systems of the Leased Premises. SECTION 8.ALTERATIONS TO LEASED PREMISES 3 {2892402-2,118534-00002-01} A. Subject to the terms of this Section 8, Lessee may, at its own cost and expense, make alterations or renovations to the Leased Premises, in a manner consistent with all necessary federal, state, and local requirements, permits, and approvals. All plans for alterations or renovations are subject to timely review and approval of the Lessor's City Manager, or the City Manager's designee,which approval shall not be unreasonably withheld.The prior approval of the Lessor's City Manager, or the City Manager's designee, shall be required for alterations or renovations initiated by any Cohort Company (or any other sublessee) requests. The Lessor's failure to respond to approval under this section within thirty(30) days shall be deemed approval by the Lessor and consent to proceed. B. The review and approval by the Lessor is solely for the purposes of this Lease Agreement and in no way constitutes or shall be deemed approval by or waiver of any review, permits or approvals required by the City of Roanoke in its regulatory capacity or the approval of any other regulatory entity. Any alteration or renovation shall not impair the safety of the Leased Premises, or any portion thereof, and shall be made according to all applicable laws, ordinances and regulations. C. All alterations, additions,improvements,repairs,replacements,or fixtures made or replaced by Lessee or sublessees on the Leased Premises, including lighting, molding and any other article permanently affixed to the floor, wall or ceiling of the Leased Premises shall remain the property of the Lessor;risk of loss as to such personal property of the Lessor shall remain with the Lessor at all times during the Term. D. Lessee shall not retain or permit a Cohort Company (or any other sublessee) to retain a contractor unless said contractor posts a Payment and Performance Bond in accordance with Virginia Code Section 2.2-4337. Lessee shall promptly pay or cause such sublessee to pay for all labor and materials used in constructing any improvements, alterations, or fixtures on the Leased Premises and shall do all things necessary to prevent the filing of any mechanics', materialmen, or other type of lien or claim against the Lessor or the Acceleration Center by, against,through,or under Lessee, Cohort Companies(or any other sublessees)or their contractors or subcontractors. Lessee and Cohort Companies(or any other sublessees) shall notify contractors that the Lessor's interest shall not be subject to any liens or claims for alterations, improvements or fixtures to the Acceleration Center by Lessee or Cohort Companies (or any other sublessees). The Lessor's interest shall not be subject to any liens or claims for alterations, improvements or fixtures to the Acceleration Center.If any such lien or claim is filed,Lessee shall use its best efforts to cause the same to be released within ninety(90) days of filing of the lien. E. The parties agree 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. Each party further agrees that they do not and shall not during the performance of this Lease Agreement; knowingly employ an unauthorized alien as defined in the Federal Immigration Reform &Control Act of 1986. SECTION 9.INSURANCE A. Requirement of insurance. Lessee, shall, during the life of this Lease Agreement, and any Cohort Company or other sublessee shall during the term of its sublease, obtain and maintain the insurance and bonds set forth below in this Lease Agreement. Any required insurance 4 {2892402-2,118534-00002-01} and bonds shall be effective prior to the commencement of this Lease Agreement or,in the case of a Cohort Company or other sublessee,prior to the commencement of its sublease agreement. 1. Commercial General Liability. Commercial General Liability insurance coverage on an occurrence basis insuring against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of this Lease Agreement. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence and $1,000,000 aggregate. 2. Workers' Compensation. Lessee shall obtain and maintain Workers' Compensation insurance covering all statutory obligations under the laws of the Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in work under this Agreement. Minimum limits of liability for Employer's Liability shall be $ 100,000 bodily injury each occurrence; $500,000 bodily injury by disease (Policy limit); and$100,000 bodily injury by disease (each employee). With respect to the Employer's Liability coverage, the insurance company providing such coverage shall waive rights of subrogation against the City, its officers, agents, employees and volunteers. 3. Umbrella Coverage. The insurance coverages and amounts set forth in this Section 9 may be met by an umbrella liability Policy following the form of the underlying primary coverage in a minimum amount of $ 1,000,000. Should an umbrella liability insurance coverage Policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific Policy numbers indicated for the insurance providing the coverages required by subsections 1, 2 or 3, and it is further agreed that such statement shall be made a part of the certificate of insurance furnished to the City. B. Evidence of Insurance. All insurance shall meet the following requirements: 1. Lessee,the Cohort Company, or the other sublessee shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. The City shall be notified of any deductible greater than $500 and such deductible shall be subject to approval of the City, which shall not be unreasonably withheld. 2. All required certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been provided to the City of Roanoke." 3. Except for Workers' Compensation coverage and Employer's Liability coverage,the required certificate or certificates of insurance shall name the City, its officers, agents, employees, and volunteers as additional insureds in connection with this Lease Agreement. 5 {2892402-2,118534-00002-01} 4. 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 Lease Agreement shall be authorized to do business in the Commonwealth of Virginia. C. During the Lease Term, Lessor shall maintain a self-insured program administered by the Office of Risk Management covering the Leased Premises. SECTION 10.DAMAGE OR DESTRUCTION In the event the Leased Premises or any part thereof is destroyed or so damaged by fire or other casualty as to make the Leased Premises totally or partially unfit for use, the Lessor shall have the option either to repair such damage or to terminate this Lease Agreement. The Lessor shall provide Lessee with notice of the Lessor's election within sixty(60)days after the occurrence of the casualty that caused the damage or destruction of all or a portion of the Leased Premises. All subleases shall include this provision. SECTION 11.CONDEMNATION In the event the whole of the Leased Premises is taken by eminent domain, this Lease Agreement and all subleases shall terminate as of the date title to the Leased Premises vests in the condemning authority. If a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease Agreement as of the date of transfer of title, by giving thirty(30)days' written notice to the other party. In the event of any taking under the power of eminent domain, Lessee shall not be entitled to any portion of the award paid for the taking and the Lessor shall receive the full amount of such award. Lessee hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the license or to the fee of the Leased Premises, shall belong to the Lessor, Lessee shall have the right to claim and recover from the condemning authority, but not from the City acting as Lessor, such compensation as may be separately awarded or recoverable by Lessee on account of any and all damage to Lessee's business and any costs or expenses incurred by Lessee in removing its equipment,personal property, and any relocation expenses. SECTION 12. RISK OF LOSS Notwithstanding anything herein to the contrary, Lessee shall bear the risk of any loss of, or damage to, the Leased Premises and/or any goods and items or personal property in the Leased Premises during the Lease Term. Also,notwithstanding anything herein to the contrary,City shall not be liable for any direct, consequential, incidental, or any other damages incurred by Lessee, any Cohort Company, or any other sublessees, due to any malfunction, theft, vandalism, acts of God (including, without limitation, lightning, wind, rain, flood, hail, fire or storms) lack of electricity, lack of air conditioning, lack of heat, or any other damages resulting from any reason whatever to the Leased Premises or arising out of or resulting from any use of the Leased Premises by the Lessee or its sublessees,users, or occupants. SECTION 13.INDEMNIFICATION 6 {2892402-2,118534-00002-01} A. Lessee agrees and binds itself, and shall require the same of any Cohort Company (or any other sublessee), to indemnify, keep and hold the Lessor, its officers, agents, employees and volunteers free and harmless from any and all claims, causes of action, damages, costs (including attorney's fees), or any liability on account of any injury or damage of any type to any third party persons or property growing out of or directly or indirectly resulting from any act or omission of Lessee arising from or related to the following items: (1) Lessee's use of the public ways or other areas of Lessor in connection with this Lease Agreement; (2) the operation, maintenance, repair or extension of the Leased Premises but only to the extent the operation, maintenance, repair or extension is the responsibility of Lessee hereunder; (3) the failure, refusal or neglect of Lessee to perform any duty imposed upon or assumed by Lessee or under this Lease Agreement; (4) any claim made against the Lessor made or arising out of any negligence or intentional misconduct of Lessee or a Cohort Company(or any other sublessee); or(5) any claim brought by a subtenant of Lessee against the Lessor for any reason arising from the use of the Leased Premises by such subtenant; provided however that Lessor shall be responsible for those portions of the claims, causes of action, damages, costs or any liability relating to or arising from Lessor's duties hereunder, negligence or intentional misconduct. In the event that any suit or proceeding shall be brought against the Lessor at law or in equity, either independently or jointly with Lessee or a Cohort Company(or any other sublessee)on account of anything set forth above, Lessee, upon notice given to it by the Lessor, will defend the Lessor in any such action or other proceeding, at the cost of Lessee; and in the event of any settlement or final judgment being awarded against the Lessor, either independently or jointly with Lessee, then Lessee will pay any such settlement or judgment or will comply with such decree,pay all reasonable costs and expenses of whatsoever nature and hold the Lessor, its officers, agents, employees and volunteers harmless therefrom. Lessor shall not enter into any settlement for any such action, proceeding or claim without the agreement of Lessee; failure to secure Lessee's agreement to such settlement shall waive Lessor's right to indemnification of such settlement payment and all related and associated costs and expenses. B. VIC's liability to City arising from or related to this Lease Agreement and the Management Services Agreement for any claims or damages ("Claims") that are covered by the proceeds of VIC's insurance programs, shall be limited to the actual insurance proceeds that are paid to or on behalf of VIC. If the Claim is not covered by insurance required herein, VIC's liability shall be limited to $125,000 or the amount of the Claim, whichever is less. If VIC fails to maintain the insurance required herein, there shall be no cap on VIC's liability for Claims. SECTION 14. NONDISCRIMINATION During the Lease Term, Lessee agrees as follows: A. Lessee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by law relating to discrimination in employment except where there is a bona fide occupational qualification reasonably necessary to the normal operation of Lessee. Lessee agrees to post in a conspicuous place, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. B. Lessee,in all solicitations and advertisements for employees placed by or on behalf of Lessee, will state that Lessee is an equal employment opportunity employer. 7 {2892402-2,118534-00002-01} C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. D. Lessee will include the provisions of the foregoing paragraphs A,B,and C in every contract, subcontract, or purchase order of over $10,000, so that the provisions will be binding upon each contractor, subcontractor, or vendor. SECTION 15.DRUG-FREE WORKPLACE A. During the Lease Term, Lessee agrees to (i) provide a drug free workplace for Lessee employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Lessee that Lessee maintains a drug free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order over$10,000, so that the provisions will be binding upon each subcontractor or vendor. B. For the purposes of this section, "drug free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of this Lease Agreement. SECTION 16.FAITH BASED ORGANIZATIONS Pursuant to Virginia Code Section 2.2-4343.1, all parties shall be advised that the Lessor does not discriminate against faith-based organizations. SECTION 17.DEFAULT AND TERMINATION A. Lessor may give the Lessee fifteen(15)days written notice of its intent to terminate this Lease Agreement because of a default in the performance of any covenant of this Lease Agreement or the Management Services Agreement. Events of default under the Lease Agreement shall include: 1. Non-payment of rental payments; 2. Non-payment of utilities, materials, or services which cause a lien upon the premises; 3. Destruction or damage to the premises caused by Lessee or the public for which Lessee does not provide reimbursement, except for normal wear and tear; 4. Use of premises for any unlawful act; 5. Failure to provide or pay for, as the case may be, required insurance coverage; 6. Any unapproved modification to premises which would cause the Leased Premises to violate building codes, fire codes, or other ordinances. 8 12892402-2,118534-00002-01} B. If the fifteen (15) days written notice of termination provided for in this section is given, and such default has not been cured by the defaulting party within fifteen (15) days after written notice is received; or if such default shall be of such nature that it cannot be cured completely within such fifteen (15) day period yet the breaching party has not promptly commenced within such fifteen (15) day period to proceed with reasonable diligence and in good faith to remedy such default, then at the expiration of such period this Lease Agreement shall terminate as completely as if that were the date herein definitely fixed for the expiration of the term of this Lease Agreement,and the Lessee shall then surrender the leased property to the Lessor. C. Upon expiration or termination of this Lease Agreement,the Leased Premises shall be in good order as when received and/or including all agreed upon changes to the Leased Premises made in accordance with the terms of the Lease Agreement, ordinary wear and tear excepted,with any and all fixtures and equipment owned by the City and any equipment furnished by VIC to replace similar equipment which may have become lost, damaged, or destroyed SECTION 18. INCORPORATION OF MANAGEMENT SERVICES AGREEMENT The Lessor and Lessee covenant and agree that all terms and conditions of the Management Services Agreement related to the Lease Premises are incorporated by reference into this Lease Agreement and are a material part of this Lease Agreement. SECTION 19.NOTICES All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail,return receipt requested, or by a nationally recognized overnight courier, addressed as follows: If to City, to: City of Roanoke Attn: Director of Economic Development 117 Church Avenue S.W. Roanoke, Virginia 24011 Fax no. (540) 853-1213 If to VIC, to: Valleys Innovation Council 2200 Kraft Drive, Suite 1350 Roanoke, Virginia 24060 Attn: Verge/CEO/President With a copy to: Woods Rogers PLC 10 S Jefferson St SW Suite 1400 Attn: Dan Summerlin, Esq. SECTION 20. MISCELLANEOUS A. Cooperation. Each parry agrees to cooperate with the other in executing any documents necessary to carry out the intent and purposes of this Lease Agreement. 9 {2892402-2,118534-00002-011 B. Severability. If any term of this Lease Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease Agreement which shall continue in full force and effect. The parties intend that the provisions of this Lease Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. C. Authority. The persons who have executed this Lease Agreement represent and warrant that they are duly authorized to execute this Agreement in their representative capacities as indicated. D. Counterparts Allowed This Lease 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. E. Compliance with Laws Lessee and Lessor shall at all times comply with all applicable federal, state, and local laws, ordinances, and regulations, and obtain all required licenses required by the City of Roanoke and the Commonwealth of Virginia, and other regulatory agencies, necessary to operate Lessee's business. F. Successors. The terms, conditions, provisions and undertakings of this Lease Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. G. Captions. The paragraph Captions and Headings in this Lease Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Lease Agreement. H. Governing Law. By virtue of entering into this Lease Agreement, Lessee and the Lessor agree and submit themselves to a court of competent jurisdiction in the City of Roanoke, Virginia and further agree that this Lease Agreement is controlled by the laws of the Commonwealth of Virginia or any applicable federal laws and that all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia or any applicable federal laws. I. Waiver. Lessee agrees that the Lessor's waiver or failure to enforce or require performance of any term or condition of this Lease Agreement or the Lessor's waiver of any particular breach of this Lease Agreement by Lessee 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 Lease Agreement or a waiver of any other breaches of this Lease Agreement by Lessee and does not bar the Lessor from requiring Lessee to comply with all the terms and conditions of the Lease Agreement and does not bar the Lessor from asserting any and all rights and/or remedies it has or might have against the Lessee under this Lease Agreement or by law. J. Entire Agreement. This Lease Agreement, the Management Services Agreement, and its exhibits constitute the entire agreement and understanding of the parties, and supersede all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease Agreement must be in writing and executed by both parties. Lessee acknowledges that it has participated in the drafting of this Lease 10 {2892402-2,118534-00002-01} Agreement. In the event of a dispute concerning any provision of this Lease Agreement, Lessee hereby acknowledges and agrees that it will not rely on any defense that any ambiguity in this Lease Agreement should be construed against the drafter of this Lease Agreement and Lessee waives that defense. Lessee agrees that the Lessor shall have no responsibility, duty or obligation to provide Lessee any services, property, or items that are not otherwise indicated in this Lease Agreement. SIGNATURE PAGE TO FOLLOW 11 {2892402-2,118534-00002-01} IN WITNESS WHEREOF, the parties have executed this Lease Agreement by the following signatures by their authorized representatives. CITY OF ROANOKE,VIRGINIA, a Virginia municipal corporation By: Robert S. Cowell, Jr., City Manager COMMONWEALTH OF VIRGINIA ) CITY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me this day of , 20—, by Robert S. Cowell, Jr, City Manager, of the City of Roanoke, Virginia, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia. My commission expires: Notary Public Registration No. (SEAL) 12 {2892402-2,118534-00002-01} THE ROANOKE-BLACKSBURG INNOVATION NETWORK, a Virginia non-stock corporation d/b/a Valleys Innovation Council By: Printed Name Witness: Title COMMONWEALTH OF VIRGINIA ) CITY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me this day of 20_,by , of The Roanoke-Blacksburg Innovation Network, a Virginia non-stock corporation d/b/a Valleys Innovation Council. My commission expires: Notary Public Registration No. (SEAL) Approved as to Form: Assistant City Attorney Approved as to Execution Assistant City Attorney Authorized by Ordinance No.: 13 {2892402-2,118534-00002-01} MANAGEMENT SERVICES AGREEMENT This Management Services Agreement ("Agreement") is made this_day of 20between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation with an address of Noel C. Taylor Municipal Building,215 Church Avenue, S.W.,Roanoke,VA 24011 ("City")and THE ROANOKE-BLACKSBURG INNOVATION NETWORK, a Virginia non- stock corporation d/b/a Valleys Innovation Council ("VIC"). RECITALS: WHEREAS, the City is the fee simple owner of the property designated as Roanoke Official Tax Map No. 1020510, located at 709 South Jefferson Street, Roanoke, VA, 24011, consisting of 0.1671 acres, more or less, together with a building and improvements thereon ("Property"); WHEREAS,the City entered into a Contract with the Virginia Department of Housing and Community Development ("DHCD") accepting funds from DHCD's Industrial Revitalization Fund to renovate and upgrade the Property; WHEREAS, through a two-year strategic planning process undertaken by over 125 community stakeholders from private industry, higher education, and local government, the Innovation Blueprint was established to address weaknesses that hold back the Roanoke- Blacksburg region from prosperity; WHEREAS, the lack of innovative and entrepreneurial companies within the Roanoke- Blacksburg region was identified chiefly among those weaknesses inhibiting such prosperity; WHEREAS, the City desires to enter into this Agreement with VIC, for VIC, or its designee, to manage and operate an acceleration center for technology start-ups ("Acceleration Center")focused primarily on providing classroom training and connecting early stage companies to peers, mentors, and investors; WHEREAS, the City desires to lease to the VIC the Property, as renovated and upgraded (the "Leased Premises"), to manage and operate the Leased Premises, enter into a sublease with certain third parties as it may choose to manage certain day-to-day functions of the Acceleration Center and the Leased Premises, and allow VIC to enter into additional sublease agreements with certain innovative and entrepreneurial companies that are consistent with the goals of the Acceleration Center; WHEREAS,VIC shall enter into the form of Lease Agreement attached to this Agreement as Exhibit A with a three year term beginning February 1, 2022 (the "Lease Agreement"); and WHEREAS, Roanoke City Council authorized the City Manager, on behalf of the City, to enter into this Agreement and the Lease Agreement with VIC pursuant to Ordinance No. dated , following a public hearing on this matter. NOW THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, and the above recitals which are incorporated by reference herein, the parties agree as follows: 1 {2898390-2,118534-00002-01} SECTION 1. PURPOSE The goal of the City and VIC under the terms of this Agreement is to increase the number of innovational and entrepreneurial companies within the Roanoke-Blacksburg region ("Cohort Companies") in accordance with the terms and conditions set forth in this Agreement. To achieve this goal, VIC has agreed that it or its designee will manage and operate an Acceleration Center focused primarily on providing classroom training and connecting early stage companies to peers, mentors, and investors at the Leased Premises. VIC shall exercise sole discretion, subject to the terms and conditions of this Agreement, the Lease Agreement, any limitations under the City's Grant Agreement with DHCD, in the management and operation of the Acceleration Center, including but not limited to subcontracting and/or outsourcing certain duties and responsibilities of the Acceleration Center and the Leased Premises to third parties. SECTION 2. TERM OF AGREEMENT This Agreement shall begin on the date set forth above and terminate on the earlier of: (i) the termination of this Agreement by either party according to the terms herein; or (ii) the expiration or termination of the Lease Term as defined and set forth in the Lease Agreement. SECTION 3. Intentionally Omitted SECTION 4. THE ACCELERATION CENTER A. According to the terms and conditions contained herein,VIC,or its designee,agrees to manage and operate the Accelerator Program at the Leased Premises with the focus on increasing the number of innovational and entrepreneurial companies within the Roanoke- Blacksburg region. The Acceleration Center may consist of recruitment, training, education, networking, and mentoring of Cohort Companies selected by a panel of local professionals with the ultimate goal of graduating companies with the potential of high economic impact into the Roanoke-Blacksburg region. Program participants will spend approximately one (1) year as sublessees of VIC at the Leased Premises; provided, however, that this Section shall in no way limit VIC from entering into longer or shorter sublease terms. Under no circumstance shall a sublease between VIC and a sublessee be for a term that extends beyond the end of the Lease Term set forth in the Lease Agreement. B. VIC, through one or more subcontractors, sublessees, affiliates or other third parties, shall carry out the following activities: 1. Provide staff to manage and maintain the Property and the Leased Premises consistent with this Agreement and the terms of the Lease Agreement; 2. Select and assign to Cohort Companies the requisite number of mentors necessary to advise, consult and guide each Cohort Company through the Acceleration Center program. Such volunteers shall be professionals recruited from the Roanoke-Blacksburg community, who possess the unique skillsets required to assist individual Cohort Companies, in the sole discretion of VIC or its designee; 3. Satisfy all operating expenses of the Leased Premises. In any year that operating expenses exceed operating revenues,the City will assist with offsetting the deficit 2 (2898390-2,118534-00002-01) by providing one or more cash payments to the VIC. The total amount will be determined by subtracting all operating expenses for the Leased Premises from all revenues derived from the Leased Premises. No aggregate annual payment amount from the City shall exceed $25,000 and requests for payments shall not be made more often than biannually. 4. Connect Cohort Companies to external resources; 5. Advise, consult, and support the activities of Cohort Companies; and 6. Assist the City in ensuring that the goals of this Agreement and the Lease Agreement are met. C. The City and VIC agree that VIC may offer the above programs and services to outside participants in addition to the Cohort Companies of the Acceleration Center,provided such Cohort Companies are given the first opportunity to participate. D. The City and VIC agree to offer a naming rights sponsorship for the building constructed on the Property pursuant to the City's naming rights ordinance, which sponsorship will be for the benefit of the Acceleration Center and applied in VIC's sole discretion. SECTION 5. MANAGEMENT OF THE ACCELERATION CENTER A. During the term of this Agreement, the City grants VIC an exclusive right to manage and operate the Acceleration Center Program. VIC may also make portions of the Leased Premises available, from time to time, to community groups, organizations, businesses and other non-Cohort Company program participants with the goal of increasing activity within the Acceleration Center and/or earning revenue. All revenues earned from the Acceleration Center and the Leased Premises during the term hereof shall be the sole property of VIC, shall be used first to pay the expenses of managing and operating the Acceleration Center, and, if any, funds remain may be used and applied in VIC's sole discretion. B. VIC 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. VIC further agrees that VIC does not and shall not during the performance of this Agreement;knowingly employ an unauthorized alien as defined in the Federal Immigration Reform& Control Act of 1986. SECTION 6. CITY'S RESPONSIBILITY REGARDING GRADUATING COHORT COMPANIES Development and graduation of Cohort Companies who can successfully conduct business within the Roanoke-Blacksburg Region is the primary focus of the Acceleration Center Program. The City has a significant interest in placing graduating Cohort Companies within the City of Roanoke.The City,or its agent,will assist graduating Cohort Companies with locating commercial space in the Roanoke area as follows: 1. The City, or its agent, will hold an initial meeting with a graduating Cohort Company to gain an understanding of the type of facility the graduating company is seeking; 2. The City, or its agent, will assist the graduating Cohort Company with making contact with owners of available facilities; and 3 {2898390-2,118534-00002-01} 3. The City, or its agent, may provide a graduating Cohort Company with such other assistance as may be available. SECTION 7. MEETINGS AND REPORTS A. VIC shall provide an annual report to the City which shall include, among other items, a list of current sublessees and/or Cohort Companies, operating expenses and any other operational details VIC may wish to include regarding the Acceleration Center, and shall be substantially similar to the performance report included as Exhibit B to this Agreement. B. The parties acknowledge that the renovation of the Leased Premises has been accomplished through grant funding provided by the DHCD. As such, there are reporting requirements for which the City is solely responsible to demonstrate that the Leased Premises and the Acceleration Center are used and/or operated as required by DHCD. VIC shall assist the City in any and all ways necessary to ensure the City meets such reporting requirements to the complete satisfaction of DHCD. C. The City remains entirely and solely responsible for meeting the requirements set by DHCD. The City specifically acknowledges and agrees that VIC shall not be liable, at law or in equity, to the City, DHCD or any other party for any failure or shortcoming of the required reports, use of the Leased Premises and/or the Acceleration Center. VIC acknowledges that it knows and understands the requirements and terms of the City's Grant Agreement with DHCD, and VIC agrees that it shall take no action or do anything that is contrary to those requirements or would interfere with those requirements and satisfaction of those requirements by the City. SECTION 8. EXECUTION OF LEASE AGREEMENT Subject to the terms and conditions of this Agreement,upon the acquisition of the Property by the City,the City and VIC agree to execute the Lease Agreement under which Lease Agreement the City agrees to lease to VIC, and VIC agrees to lease from the City, the Leased Premises. SECTION 9. RESPONSIBILITY TO MANAGE THE LEASED PREMISES As part of the Acceleration Center Program, VIC, or its designee, will have the exclusive responsibility and obligation to manage the Leased Premises. VIC, or a third party retained by VIC,will recruit,interview,and screen potential companies who will qualify and meet the program criteria. VIC, or a third party retained by VIC, will assign space within the Leased Premises for each Cohort Company and other subtenant. VIC, or a third party retained by VIC, will manage Cohort Companies and Cohort Company space so that as Cohort Companies develop and need additional space, it can be provided. VIC, or a third party retained by VIC, will manage Cohort Companies' and other subtenant's use and access to common areas and meeting spaces. In managing the Acceleration Center Program and providing guidance and assistance to the Cohort Companies, VIC, or a third party retained by VIC, will: 1. Adequately staff the Acceleration Center with experienced and qualified personnel to manage operations; 2. Establish rental amounts that allow VIC, or a third party retained by VIC, flexibility to address the market and attract certain prospective Cohort Companies; 3. Recruit, interview, and screen potential Cohort Companies; 4 {2898390-2,118534-00002-01} 4. Negotiate sublease agreements with Cohort Companies. Sublease agreements shall include the terms and conditions contained in the Sample Sublease Agreement in Exhibit C; or such form of Sublease as is otherwise agreed to by VIC and the City. Under no circumstance shall a sublease be for a term that expires after the Lease Term in the Lease Agreement. All subleases shall include a provision that provides that the sublease shall automatically terminate upon the expiration or early termination of this Agreement. 5. Provide ancillary services, such as certain audio-visual services at additional fees as applicable; 6. Provide a schedule of fees for ancillary services; 7. Collect rents and fees from Cohort Companies (or any other subtenants); 8. Monitor and enforce compliance with the sublease agreements; 9. Designate an emergency contact person and phone tree for facility-related emergencies. SECTION 10.INDEMNIFICATION A. VIC agrees and binds itself, and shall require the same of any Cohort Company(or any other sublessee), to indemnify, keep and hold the City, its officers, agents, employees, and volunteers free and harmless from any and all claims, causes of action, damages, costs (including attorney's fees), or any liability on account of any injury or damage of any type to any third party persons or property growing out of or directly or indirectly resulting from any act or omission of VIC arising from: (1) VIC's use of the public ways or other areas of the Leased Premises in connection with this Agreement; (2) the operation,maintenance,repair or extension of the Leased Premises, but only to the extent such operation, maintenance, repair or extension is required of VIC under the Lease Agreement; (3) the failure, refusal or neglect of VIC or a Cohort Company (or any other sublessee) to perform any duty imposed upon or assumed by VIC or under this Agreement or any such sublease; (4) any claim made against the City made or arising out of any negligence or intentional misconduct of VIC or a Cohort Company(or any other sublessee); or(5) any claim brought by a sublessee of VIC against the City for any reason related to or arising from such sublessee's use of the Leased Premises;provided,however,that the City shall be responsible for those portions of the claims, causes of action, damages, costs or any liability relating to or arising from the City's duties hereunder, negligence or intentional misconduct. In the event that any suit or proceeding shall be brought against the City at law or in equity, either independently or jointly with VIC or a Cohort Company(or any other sublessee) on account of the requirements and obligations of VIC set forth above, VIC, upon notice given to it by the City, will defend the City in any such action or other proceeding, at the cost of VIC; and in the event of any settlement or final judgment being awarded against the City, either independently or jointly with VIC, then VIC will pay any such settlement or judgment or will comply with such decree,pay all reasonable costs and expenses of whatsoever nature and hold the City, its officers, agents, employees and volunteers harmless therefrom. Provided, however, the City shall not have the authority to enter into any settlement arising out of or relating to this Section 10 without the prior written consent of VIC. B. VIC's liability to City arising from or related to this Lease Agreement and the Management Services Agreement for any claims or damages ("Claims") that are covered by the proceeds of VIC's insurance programs, shall be limited to the actual insurance proceeds that are paid to or on behalf of VIC. If the Claim is not covered by insurance required herein, VIC's liability shall be limited to $125,000 or the amount of the Claim, whichever is less. If VIC fails to maintain the insurance required herein, there shall be no cap on VIC's liability for Claims. 5 {2898390-2,118534-00002-01} SECTION 11.NONDISCRIMINATION During the performance of this Agreement, VIC agrees as follows: A. VIC will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by law relating to discrimination in employment except where there is a bona fide occupational qualification reasonably necessary to the normal operation of VIC. VIC agrees to post in a conspicuous place, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. B. VIC, in all solicitations and advertisements for employees placed by or on behalf of VIC, will state that VIC is an equal employment opportunity employer. C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. D, VIC will include the provisions of the foregoing paragraphs A, B, and C in every contract, subcontract, or purchase order of over$10,000 relating solely to the Leased Premises or the Acceleration Center,so that the provisions will be binding upon each contractor,subcontractor, or vendor. SECTION 12.DRUG-FREE WORKPLACE A. During the performance of this Agreement, VIC agrees to (i) provide a drug free workplace for VIC employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of VIC that VIC maintains a drug free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order over$10,000 relating solely to the Leased Premises or the Acceleration Center,so that the provisions will be binding upon each subcontractor or vendor. B. For the purposes of this section, "drug free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of this Agreement. SECTION 13. FAITH BASED ORGANIZATIONS Pursuant to Virginia Code Section 2.2-4343.1,all parties shall be advised that the City does not discriminate against faith-based organizations. SECTION 14. TERMINATION OF AGREEMENT 6 {2898390-2,118534-00002-01} A. Failure of the City or VIC to comply with any of the terms and conditions of this Agreement or the Lease Agreement shall be considered a breach of this Agreement. Each party agrees to give the other party notice of any such breach. If the breach is not cured within thirty (30) days from the notice being sent, the breaching party shall be considered in default, and this Agreement may be terminated. B. Neither the City nor VIC shall assign this Agreement or the Lease Agreement in whole or in part to any person without the other party's written consent. The consent to one assignment shall not be deemed to be consent to another assignment. In the event this Agreement is assigned without prior written consent, this Agreement may be terminated. C. Upon the expiration or termination of this Agreement,VIC will surrender its rights and obligations to the Leased Premises to the City. Upon the termination or expiration of the Lease Agreement, this Agreement shall automatically terminate and be of no further force or effect. D. Upon expiration or termination of this Agreement,the City's assignment to VIC of future rents shall expire and all subleases between VIC and its sublessees and other users shall terminate upon notice. All subleases shall include a provision that provides that the sublease shall automatically terminate upon the expiration or early termination of this Agreement. VIC is entitled to receive all rents and other payments accrued prior to the expiration or termination date. E. VIC shall operate the Acceleration Center and the Leased Premises for the first full year of the Term. At any time after the first full year of the Term, VIC may notify the City of VIC's desire to renegotiate the terms of the Agreement. After 90 days following the receipt of the such notice, if the City and VIC have not agreed upon the renegotiated terms of the Agreement, VIC may terminate the Agreement and the Lease Agreement with six months written notice to the City. SECTION 15.NOTICES All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows: If to City, to: City of Roanoke Attn: Director of Economic Development 117 Church Avenue S.W. Roanoke, Virginia 24011 Fax no. (540) 853-1213 If to VIC, to: Valleys Innovation Council 2200 Kraft Drive, Suite 1350 Roanoke, Virginia 24060 Attn: Verge CEO/President With a copy to: Woods Rogers, PLC 10 S Jefferson St SW 7 12898390-2,118534-00002-01} Suite 1400 Attn: Dan Summerlin, Esq. SECTION 16. CITY APPROPRIATION OF FUNDS All obligations or funding undertaken by the City in connection with this Agreement and all obligations of VIC in connection with this Agreement are subject to the availability of funds and the appropriation of such funds by Roanoke City Council as may be necessary for such obligations or funding. In the event that funding is not provided,withdrawn, or otherwise not made available, the City shall advise VIC of such unavailability of funds and VIC shall have the right to terminate this Agreement and the Lease Agreement upon 30 days written notice to the City. 17.MISCELLANEOUS A. Cooperation. Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and purposes of this Agreement. B. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement which shall continue in full force and effect. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. C. Authority. The persons who have executed this Agreement represent and warrant that they are duly authorized to execute this Agreement in their representative capacities as indicated. D. Counterparts Allowed. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. E. Compliance with Laws. VIC shall at all times comply with all applicable federal, state, and local laws, ordinances, and regulations, and obtain all required licenses required by the City of Roanoke and the Commonwealth of Virginia, and other regulatory agencies, necessary to operate VIC's business. F. Successors. The terms, conditions,provisions and undertakings of this Agreement shall be binding upon and inure to the.benefit of each of the parties hereto and their respective successors and assigns. G. Captions. The paragraph Captions and Headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. H. Governing Law. By virtue of entering into this Agreement,VIC and the City agree and submit themselves to a court of competent jurisdiction in the City of Roanoke, Virginia and further agree that this Agreement is controlled by the laws of the Commonwealth of Virginia or any applicable federal laws and that all claims, disputes, and other matters shall be decided only 8 {2898390-2,118534-00002-01} by such court according to the laws of the Commonwealth of Virginia or any applicable federal laws. I. Waiver. VIC 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 VIC extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any other breaches of the Agreement by VIC and does not bar the City from requiring VIC to comply with all the terms and conditions of the Agreement and does not bar the City, except as otherwise provided and/or limited herein, from asserting any and all rights and/or remedies it has or might have against VIC under this Agreement or by law. J. Entire ALreement. This Agreement and its exhibits constitute the entire agreement and understanding of the parties, and supersede all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties.VIC acknowledges that it has participated in the drafting of this Agreement. In the event of a dispute concerning any provision of this Agreement, VIC hereby acknowledges and agrees that it will not rely on any defense that any ambiguity in the Agreement should be construed against the drafter of the Agreement and VIC waives that defense. VIC agrees that the City shall have no responsibility, duty or obligation to provide VIC any services, property, or items that are not otherwise indicated in this Agreement. SIGNATURE PAGE TO FOLLOW 9 {2898390-2,118534-00002-01} IN WITNESS WHEREOF, the parties have executed this Management Services Agreement by the following signatures by their authorized representatives. CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation By: Robert S. Cowell, Jr., City Manager COMMONWEALTH OF VIRGINIA ) CITY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me this day of ) 20 , by, Robert S. Cowell, Jr., City Manager, of the City of Roanoke, Virginia, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia. My commission expires: Notary Public Registration No. (SEAL) 10 {2898390-2,118534-00002-01} THE ROANOKE-BLACKSBURG INNOVATION NETWORK, a Virginia non-stock corporation d/b/a Valleys Innovation Council By: Printed Name Witness: Title COMMONWEALTH OF VIRGINIA ) CITY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me this day of 20_, by , of The Roanoke-Blacksburg Innovation Network, a Virginia non-stock corporation d/b/a Valleys Innovation Council. My commission expires: Notary Public Registration No. (SEAL) Approved as to Form: Assistant City Attorney Approved as to Execution Assistant City Attorney Authorized by Ordinance No.: 11 {2898390-2,118534-00002-01} Management Services Agreement Dated , 20_between City of Roanoke and The Roanoke-Blacksburg Innovation Network d/b/a Valleys Innovation Council EXHIBIT A Lease Agreement See attached. 12898390-2,118534-00002-01} Management Services Agreement Dated 120 between City of Roanoke and The Roanoke-Blacksburg Innovation Network d/b/a Valleys Innovation Council EXHIBIT B PERFORMANCE REPORT {2898390-2,118534-00002-01} ACCELERATOR PERFORMANCE REPORT(SAMPLE) OCCUPANCY RATE Current period Prior period YOY TENANTS Business name Description Primary contact No.of employees Job title Initial hire date ACCELERATOR PERFORMANCE REPORT(SAMPLE) ACTIVITIES Description Date Details ACCELERATOR PERFORMANCE REPORT(SAMPLE) Monthly YTD Budget %Variance REVENUE* Rent $ 99,495.00 Grants $ 20,000.00 TOTAL REVENUE $ - $ 119,495.00 EXPENSES* Utilities Water&Sewer $ 425.00 $ 5,100.00 Electric&Gas $ 1,800.00 $ 21,600.00 Phone $ 175.00 $ 2,100.00 Internet $ 500.00 $ 6,000.00 Housekeeping(inc trash) $ 1,250.00 $ 15,000.00 Building expense/maintenance $ 650.00 $ 7,800.00 Security system $ 175.00 $ 2,100.00 Insurance-Commercial Liability $ 100.00 $ 1,200.00 Licenses,permits, misc taxes $ 150.00 $ 1,800.00 Misc $ 400.00 $ 4,800.00 Bookkeeping $ 800.00 $ 9,600.00 Legal/Accounting fees $ 700.00 $ 8,400.00 Marketing $ 11000.00 $ 12,000.00 Meeting expense $ 400.00 $ 4,800.00 Property management expense $ 497.50 $ 5,970.00 Office supplies $ 400.00 $ 4,800.00 TOTAL EXPENSES $ 9,422.50 $ 113,070.00 CASH FLOW $ (9,422.50) $ 6,425.00 *Based on 100 percent occupancy Management Services Agreement Dated _, 20_between City of Roanoke and The Roanoke-Blacksburg Innovation Network d/b/a Valleys Innovation Council EXHIBIT C SAMPLE SUBLEASE AGREEMENT {2898390-2,118534-00002-01} SUBLEASE AGREEMENT day of THIS SUBLEASE AGREEMENT(hereinafter referred to as the"Lease"or"Sublease")is effective as of the_ ,by and between THE ROANOKE-BLACKSBURG INNOVATION NETWORK,a Virginia non-stock corporation d/b/a Valleys Innovation Council("Sublandlord"),and ("Subtenant"). WITNESSETH: THAT FOR AND IN CONSIDERATION of the rents and covenants hereinafter set forth, Sublandlord hereby leases to Subtenant,and Subtenant hereby leases from Sublandlord,approximately square feet of space in a building located at 709 South Jefferson Street,Roanoke,VA 24011,such premises being crosshatched on the site plan attached hereto as Exhibit A and made a part hereof,together with the non-exclusive right to use the Common Areas(as hereinafter defined)(collectively,the"Leased Premises"). TO HAVE AND TO HOLD the Leased Premises unto Subtenant,its permitted successors and assigns,for the term hereinafter provided,and upon the following terms and conditions,to which the parties mutually covenant and agree: Section 1.TERM. This Lease shall be for a term(the"Initial Term")commencing on the earlier of the date of delivery of the Leased Premises to Subtenant or Date"),and terminating at 11:59 PM local time on whichever first occurs,(the"Commencement the Term of this Lease shall be automaticallyextended for . In addition to the Initial Term, consecutive year periods(each such period referred to as a"Renewal Period"and collectively as the"Renewal Periods")immediately following the Initial Term,unless Subtenant sends written notice to Sublandlord not later than the date that is three(3)months prior to the expiration of the initial or then current term hereof that Subtenant does not desire the Term to be so extended. During the Renewal Period(s)all the provisions,conditions and covenants of this Lease shall continue in full force and effect except that Rent(as hereinafter defined)payable for the Renewal Period(s)shall be as set forth in Section 3 of this Lease. References herein to the word"Term"in this Lease shall include the Initial Term and,from and after the date on which a Renewal Period commences,Renewal Period(s)by which the Term shall have been extended. Section 2.USE OF LEASED PREMISES;COMMON AREAS. Subtenant shall occupy and use the Leased Premises for and only for office space for the entity set forth above. The Lease Premises shall not be used for any other company or purpose other than the entrepreneurial and innovative purposes of the Subtenant. Subtenant will not use,permit or suffer the use of,the Leased Premises for any use which is in violation of any governmental law,rule or regulation,or which is or might constitute a nuisance,or which increases risk of peril to the building of which the Leased Premises is a part. The common areas (the "Common Areas") consist of all areas, if any, of the building of which the Leased Premises is a part that are provided by Sublandlord for common or joint use or benefit of Subtenant and other Subtenants of said building and/or their customers,employees,agents and/or invitees and all areas, if any, of the real property on which said building is located and other improvements thereon so provided by Sublandlord. All Common Areas shall be subject to the exclusive control and management of Sublandlord. Section 3.RENT. 3.1 RENT AMOUNT. (a)As rent for the Leased Premises("Rent"), Subtenant shall pay to Sublandlord,in advance on the first(1 st)day of each calendar month,commencing on the Commencement Date and continuing throughout the Term the following monthly sums: Initial Term $--Per square foot Renewal Term $ per square foot If the Commencement Date shall be a day other than the first day of a month,the amount of Rent shall be prorated for the balance of such month on a per diem basis,and the prorated Rent for such month shall be due and payable on the 1 Commencement Date.If the termination or expiration of the Term shall be a day other than the last day of a month,the amount of Rent shall be prorated for such month on a per diem basis. Any payment required to be made or cost required to be borne by Subtenant under any provision of this Lease,which accrues while this Lease is in effect,shall be additional rent. 3.2 WHERE AND HOW PAYABLE;LATE CHARGE. Subtenant shall pay the Rent,without demand, offset or deduction,to Sublandlord by delivering or mailing(postage prepaid)to Sublandlord at or to such other address or in such other manner as Sublandlord from time to time specifies by written notice to Subtenant. Any payment made by Subtenant to Sublandlord on account of Rent may be credited by Sublandlord to the payment of any Rent then past due before being credited to Rent currently falling due. Any such payment which is less than the amount of Rent then due shall constitute a payment made on account thereof, the parties agreeing that Sublandlord's acceptance of such payment(whether or not with or accompanied by an endorsement or statement that such lesser amount or Sublandlord's acceptance thereof constitutes payment in full of the amount of Rent then due)shall not alter or impair Sublandlord's rights hereunder to be paid all of such amount then due. In the event any installment of Rent is not paid within seven(7)days after it becomes due,a late fee of five percent(5%)of the past due installment may be charged to Subtenant by Sublandlord. 3.3 COMMON AREA OPERATING COSTS. Commencing on the Commencement Date and continuing throughout the Term on the first of each month Subtenant will pay Sublandlord,as additional rent,one-twelfth(1/12)of Subtenant's proportionate share of the annual Common Area Operating Costs(as hereinafter defined)."Subtenant's proportionate share"is a fraction,the numerator of which is the gross leasable area of the Leased Premises and the denominator of which is the gross leasable area of the building of which the Leased Premises is a part. The Common Area Operating Costs shall be estimated by Sublandlord on an annual basis for each calendar year ending on December 31. Should the actual Common Area Operating Costs be less than each Subtenant paid,the amount overpaid by Subtenant will be credited towards Subtenant's share of Common Area Operating Costs for the first month of the next year or,if the Term is expiring,a refund shall be made provided no other charges are outstanding by Subtenant. If Common Area Operating Costs are more than Sublandlord's estimate, Subtenant shall pay such excess within thirty(30)days of receiving a statement thereof from Sublandlord. Failure to pay such costs shall be a default under this Lease. "Common Area Operating Costs" means all costs and expenses of every kind paid or incurred by Sublandlord(including reasonable reserves)in operating, managing,equipping,lighting,repairing,replacing,landscaping and maintaining all Common Areas. Such costs and expenses shall include,but not be limited to,costs of all roof and other maintenance,repairs and replacements performed by Sublandlord;any public liability,rent interruption,fire insurance,extended coverage and all other perils coverage purchased by Sublandlord,plus all endorsements and other insurance coverages deemed reasonable by Sublandlord;fees for required licenses and permits;supplies;and reasonable depreciation of equipment used in the operation or maintenance of the Common Areas. Nothing in this paragraph is intended to impose any obligation upon Sublandlord to purchase any insurance coverage or perform any maintenance except as otherwise expressly required herein. Section 4.ASSIGNMENT AND SUBLETTING. Subtenant shall not assign this Lease,or sublet any or all of the Leased Premises,or permit any other person or entity to occupy any or all of the Leased Premises,without on each occasion first obtaining Sublandlord's prior written consent thereto,which consent may be withheld in Sublandlord's absolute discretion.For purposes of the foregoing provisions of this subsection,a transfer,by any person or persons controlling Subtenant on the date hereof,of such control to a person or persons not controlling Subtenant on the date hereof,shall be deemed to be an assignment of this Lease.No such action taken with or without Sublandlord's consent shall in any way relieve or release Subtenant from liability for the timely performance of all of Subtenant's obligations hereunder unless a written release is signed by Sublandlord. In no event shall this Lease be assignable by operation of any law,and Subtenant's rights hereunder may not become,and shall not be listed by Subtenant as,an asset under any bankruptcy, insolvency or reorganization proceedings. Subtenant is not,and may not become,and shall never represent itself to be an agent of Sublandlord,and Subtenant expressly recognizes that Sublandlord's title is paramount,and that it can do nothing to affect or impair Sublandlord's title. Assignees or subleases shall be bound by all provisions of this Lease. Section 5. CONDITION OF LEASED PREMISES. Subtenant has examined and knows the present condition of the Leased Premises. The Leased Premises is provided to Subtenant in its current "AS IS" condition. Sublandlord makes no representations or warranties as to the condition of the Leased Premises. Section 6.UTILITIES. Sublandlord shall promptly pay all fuel,water,gas,electricity,sewerage,telephone and other utility charges incurred for the Leased Premises,as the same become due,and promptly make all required deposits for 2 meters and utilities service. Sublandlord shall not be liable to Subtenant for any interruption or failure in the supply of any utility service to the Leased Premises,regardless of the reason for the interruption or failure. Section 7.INSURANCE AND INDEMNIFICATION. 7.1 (a)Subtenant shall indemnify Sublandlord and hold Sublandlord harmless from and against any loss, cost,damage or liability for personal injury or property damage arising out of or resulting from Subtenant's occupancy or use of the Leased Premises and from any event or occurrence taking place on or about the Leased Premises during the Term of this Lease.This indemnification shall survive the termination of this Lease. (b)Pursuant to the requirements of the Service Agreement and the Master Lease,as these terms are described and defined in Section 23 of this Sublease, Subtenant shall indemnify the City of Roanoke,Virginia,and hold the City of Roanoke,Virginia,its agents,employees,and volunteers free and harmless from any and all claims,causes of action,damages,costs(including attorneys'fees),for personal injury or property damage arising out of or resulting from Subtenant's occupancy or use of the Leased Premises and from any event or occurrence taking place on or about the Leased Premises during the Term of this Lease.This indemnification shall survive the termination of this Lease. 7.2 Subtenant,shall,during the Term of this Lease,obtain and maintain the insurance and bonds set forth below. Any required insurance and bonds shall be effective prior to the commencement of the Term. 7.3 Commercial General Liability. Subtenant shall obtain Commercial General Liability insurance coverage on an occurrence basis insuring against all claims,loss,cost,damage,expense or liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of this Lease. The minimum limits of liability for this coverage shall be$1,000,000 combined single limit for any one occurrence and$1,000,000 aggregate. 7.4 Workers'Compensation. Subtenant shall obtain and maintain Workers'Compensation insurance covering all statutory obligations under the laws of the Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in work under this Agreement. Minimum limits of liability for Employer's Liability shall be$ 100,000 bodily injury each occurrence;$500,000 bodily injury by disease(Policy limit);and$100,000 bodily injury by disease (each employee). With respect to the Workers'Compensation and Employer's Liability coverage,the insurance company providing such coverage shall waive rights of subrogation against the Sublandlord and the City of Roanoke,its officers, agents,employees and volunteers. 7.5 Automobile Liability. Subtenant's Automobile Liability insurance shall be in the minimum limit of liability for such insurance shall be$1,000,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any work. 7.6 Umbrella Coverage. The insurance coverages and amounts set forth in this Section 7 may be met by an umbrella liability Policy following the form of the underlying primary coverage in a minimum amount of$ 1,000,000. Should an umbrella liability insurance coverage Policy be used,such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific Policy numbers indicated for the insurance providing the coverages required by subsections 1,2 or 3,and it is further agreed that such statement shall be made a part of the certificate of insurance furnished to the Sublandlord. 7.7 Evidence of Insurance. All insurance shall meet the following requirements: (a) Subtenant shall furnish the Sublandlord a certificate or certificates of insurance showing the type,amount,effective dates and date of expiration of the policies. The Sublandlord shall be notified of any deductible greater than 10%of the policy limit and such deductible shall be subject to approval of the Sublandlord,which shall not be unreasonably withheld. (b) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered,except after thirty(30)days written notice has been provided to the THE ROANOKE-BLACKSBURG INNOVATION NETWORK,a Virginia non- stock corporation d/b/a Valleys Innovation Council" 3 (c) Except for Workers'Compensation coverage and Employer's Liability coverage,the required certificate or certificates of insurance shall name the Sublandlord,its officers,agents,employees,and volunteers as additional insureds. 7.8 Insurance coverage shall be in a form and with an insurance company approved by the Sublandlord which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Lease shall be authorized to do business in the Commonwealth of Virginia. 7.9 PERSONAL PROPERTY IS SUBTENANT'S RISK.All personal property in the Leased Premises shall be and remain at Subtenant's sole risk,and Sublandlord shall not be liable for any damage to nor loss of such personal property arising from any acts of negligence of any other persons,nor from the leaking of the roof,the bursting, leaking or overflowing of water,sewer or steam pipes,the heating or plumbing fixtures,electric wires or fixtures,or from any other cause whatsoever.The parties hereto mutually agree that Subtenant shall have no right to claim any compensation or reimbursement for any damages suffered by,or alleged to have been suffered or sustained by,any of Subtenant's property while on the Leased Premises. Subtenant shall maintain casualty insurance on Subtenant's personal property on the Leased Premises,provide Sublandlord with evidence of such insurance policy prior to initial occupancy of the Leased Premises and provide Sublandlord with evidence that such policy has been renewed at least thirty(30)days prior to each expiration date of the policy. Subtenant agrees not to store on the Leased Premises any property which would pose a danger to persons or the Leased Premises or would constitute a violation of any law. Section 8. REAL ESTATE TAXES. Subtenant shall timely pay any taxes,leasehold taxes,or.other charges in connection with this Sublease. Subtenant shall reimburse Sublandlord for any and all taxes,fees or costs incurred and/or paid on its behalf. Section 9.REPAIRS AND ALTERATIONS. 9.1 REPAIRS. Subtenant shall,at Subtenant's expense,during the Term keep and maintain the entire Leased Premises in good repair and condition and shall make at Subtenant's sole expense such replacements,restoration,renewals or repairs,in quality equivalent or better than the original work replaced,as may be required to so maintain the same, ordinary wear and tear only excepted. Nothing herein shall be construed as requiring Sublandlord to perform any repair or maintenance to the Leased Premises. Subtenant shall,at its expense,at all times keep the Leased Premises in a neat, orderly,sanitary and safe condition. 9.2 ALTERATIONS. Subtenant shall not make any alterations of,additions to or changes in the Leased Premises without the prior written consent of Sublandlord,which consent may be withheld in Sublandlord's sole discretion,and all alterations,changes,and improvements,by whomsoever made, shall immediately become the property of Sublandlord. Any work performed by Subtenant shall be done in a good and workmanlike manner. Subtenant shall not at any time permit any work to be performed on the Leased Premises except by duly licensed contractors,which must carry general public liability insurance,certificates of which shall be furnished to Sublandlord. At no time may Subtenant do any work that results in a claim or lien against Sublandlord or the Leased Premises,and,if required by Sublandlord on termination of the Lease or vacation of the Leased Premises by Subtenant, Subtenant shall restore,at Subtenant's expense the Leased Premises to the same condition as existed at the commencement of the Term,ordinary wear and tear excepted. Section 10.DEFAULTS BY SUBTENANT; TERMINATION 10.1 DEFINITION.As used in this Lease each of the following events shall constitute an"Event of Default": (a)if Subtenant(i)fails to pay the Rent or any other sum which Subtenant is obligated to pay under this Lease, when and as it is due and payable hereunder and without demand therefore,and such failure continues for seven(7)days or more after notice thereof from Sublandlord,or(ii)in any respect violates any of the other terms,conditions or covenants set forth in this Lease and such failure continues for thirty(30)days or more after notice thereof from Sublandlord;or (b)if Subtenant(i)applies for or consents to the appointment of a receiver,trustee or liquidator of Subtenant or of all or a substantial part of its assets,(ii)files a voluntary petition in bankruptcy or admits in writing its inability to pay its debts as they come due,(iii)makes an assignment for the benefit of its creditors,(iv)files a petition or an answer seeking a 4 reorganization or an arrangement with creditors,or seeks to take advantage of any insolvency law,(v)performs any other act of bankruptcy,or(vi)there otherwise commences with respect to Subtenant or any of its assets any proceeding under any bankruptcy,reorganization,arrangement,insolvency,readjustment,receivership or similar law,and such order, judgment,decree or proceeding continues unstayed for more than sixty(60)consecutive days after the expiration of any stay thereof. s 10.2 SUBLANDLORD'S RIGHTS UPON EVENT OF DEFAULT.Upon the occurrence of any Event of Default, Sublandlord may:(a)declare the entire balance of the Rent for the remainder of the Term to be due and payable,and collect such balance in any manner not inconsistent with applicable law; (b)with or without terminating this Lease and/or with or without reentering and obtaining possession of the Leased Premises relet any or all of the Leased Premises for Subtenant' account for any or all of the remainder of the Term as hereinabove defined,or for a period exceeding such remainder,in which event Subtenant shall pay to Sublandlord any deficiency in the Rent resulting,with respect to such remainder,from such reletting,as well as the cost to Sublandlord of any attorneys' fees or of any repairs or other action(including those taken in exercising Sublandlord's rights under any provision of this Lease)taken by Sublandlord on account of such Event of Default; (c)terminate this Lease and the then unexpired term hereof,except as to the rights and remedies of Sublandlord upon termination as provided herein;(d)cure such Event of Default,in which case Subtenant shall reimburse Sublandlord for all expenses incurred by Sublandlord in doing so,plus interest thereon at the rate of eight percent(8%)per annum, which expenses and interest shall be additional rent and shall be payable by Subtenant immediately upon demand therefore by Sublandlord;and/or(f)pursue any combination of such remedies and/or any other remedy available to Sublandlord on account of such Event of Default under applicable law or at equity. Section 11.HOLDING OVER. Subtenant agrees at the termination of this Lease,by lapse of time or otherwise, to forthwith leave,surrender,and yield up the Leased Premises and a holding over or continuance in the occupancy of the Leased Premises shall not work an extension of this Lease but in any and all such cases Subtenant shall be a Subtenant at will at the option of Sublandlord,subject to removal by Sublandlord by summary process and proceedings,it being provided further than an acceptance of Rent by Sublandlord during such holding over period shall operate to create a tenancy from month to month only terminable upon thirty days'notice and in such case all provisions of this Lease not inconsistent with a tenancy from month to month shall remain in force except that the Rent shall be 175%of the then current Rent. Section 12.SUBLANDLORD'S RIGHT OF ENTRY.Sublandlord and its agents shall be entitled to enter the Leased Premises at any reasonable time to allow inspection by prospective lenders,purchasers,and Subtenants,to make such repairs,alterations or changes as Sublandlord deems necessary,and for any other purpose relating to the operation or maintenance of the Property. Section 13.CASUALTY DAMAGE. In the event the Leased Premises or any part thereof is destroyed or so damaged by fire or other casualty as to make the Leased Premises totally or partially unfit for use,the Sublandlord shall have the option either to repair such damage or terminate this Sublease Agreement. The Sublandlord shall provide Subtenant with notice of the Sublandlord's election within sixty(60)days after the occurrence of the casualty that caused the damage or destruction of all or a portion of the Leased Premises. Section 14.CONDEMNATION. In the event the whole of the Leased Premises is taken by eminent domain,this Sublease Agreement shall terminate as of the date title to the Leased Premises vests in the condemning authority. If a portion of the Leased Premises is taken by eminent domain,either party shall have the right to terminate this Lease as of the date of transfer of title,by giving thirty(30)days'written notice to the other party.In the event of any taking under the power of eminent domain, Subtenant shall not be entitled to any portion of the award paid for the taking and the Sublandlord shall receive the full amount of such award. Subtenant hereby expressly waives any right or claim to any portion thereof.Although all damages, whether awarded as compensation for diminution in value of the license or to the fee of the Leased Premises,shall belong to the Sublandlord, Subtenant shall have the right to claim and recover from the condemning authority,but not from the Sublandlord or the City of Roanoke,Virginia, such compensation as may be separately awarded or recoverable by Subtenant on account of any and all damage to Subtenant's business and any costs or expenses incurred by Subtenant in removing its equipment,personal property,and any relocation expenses. 5 Section 15.MECHANICS'AND MATERIALMEN'S LIENS.Subtenant shall bond,remove or have removed any mechanic's,materialmen's or other lien filed or claimed against the Leased Premises by reason of labor or materials provided for or at the request of Subtenant or any of its contractors or subcontractors,or otherwise arising out of Subtenant's use or occupancy of the Leased Premises,and indemnify and hold harmless Sublandlord against and from any and all liability or expense(including,by way of example rather than of limitation,that of reasonable attorneys'fees) incurred by Sublandlord on account of any such lien or claim. Section 16.QUIET ENJOYMENT; SURRENDER;FINAL INSPECTION. Sublandlord hereby covenants that Subtenant,on paying the Rent and performing the other covenants set forth herein,shall peaceably and quietly hold and enjoy the Leased Premises throughout the Term,without interference from Sublandlord subject nevertheless to the terms of this Lease and to any mortgages,agreements and encumbrances to which this Lease is or may be subordinated.Upon the expiration or earlier termination of the Term, Subtenant shall surrender the Leased Premises and all keys thereto to Sublandlord in good order and repair(casualty damages and ordinary wear and tear excepted)and broom clean.Any and all improvements,repairs,alterations and all other property attached to,used in connection with or otherwise installed upon the Leased Premises(i)shall become Sublandlord's property without payment therefore by Sublandlord at the expiration of the Term,and(ii)shall be surrendered to Sublandlord upon the expiration or earlier termination of the Term,except that any machinery,equipment or fixtures installed by Subtenant and used in the conduct of Subtenant's trade or business(rather than to serve the Leased Premises)shall remain Subtenant's property and shall be removed by Subtenant at the expiration or earlier termination of the Term,and Subtenant shall promptly thereafter fully restore any of the Leased Premises damaged by such installation or removal. At Sublandlord's option,Subtenant shall meet with Sublandlord or Sublandlord's agent for Sublandlord to conduct a final inspection of the Leased Premises on the last day of the Term or on such other date as is mutually agreed by Sublandlord and Subtenant. Section 17. SECURITY DEPOSIT. Subtenant,concurrently with the execution of this Lease,has deposited with Sublandlord a security deposit in the amount of$ (the"Security Deposit")as security for the performance of Subtenant's obligations hereunder. If Subtenant defaults with respect to any provision of this Lease including,but not limited to,the provisions relating to the payment of any Rent, Sublandlord,in its sole discretion,may elect to use,apply or retain all or any part of the Security Deposit for the payment of any Rent or any other sum due to Sublandlord hereunder or for the payment of any other loss or damage which Sublandlord may suffer by reason of Subtenant's default continuing beyond any cure period. If any portion of the Security Deposit is so used or applied, Subtenant shall,within thirty(30) days after written demand therefore,deposit with Sublandlord an amount sufficient to restore the Security Deposit to its original amount and Subtenant's failure to do so shall be a material breach of this Lease. Unless required by applicable law, Sublandlord shall not be required to keep the Security Deposit separate from its general funds,and Subtenant shall not be entitled to interest on the Security Deposit. If Subtenant shall fully and faithfully perform each provision of this Lease to be performed by it,the Security Deposit or any unused balance thereof shall be returned to Subtenant within thirty(30)days following Lease expiration, Subtenant's vacating the Leased Premises and removing all of its property. Section 18.NONDISCRIMINATION During the Lease Term,Subtenant agrees as follows: 18.1 Subtenant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by law relating to discrimination in employment except where there is a bona fide occupational qualification reasonably necessary to the normal operation of Subtenant. Subtenant agrees to post in a conspicuous place, available to employees and applicants for employment,notices setting forth the provision of this nondiscrimination clause. 18.2 Subtenant,in all solicitations and advertisements for employees placed by or on behalf of Subtenant,will state that Subtenant is an equal employment opportunity employer. 18.3 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. 18.4 Subtenant will include the provisions of the foregoing paragraphs in this Section 18 in every contract, subcontract, or purchase order of over$10,000, so that the provisions will be binding upon each contractor, subcontractor, or vendor. 6 Section 19. DRUG-FREE WORKPLACE 19.1 During the Lease Term, Subtenant agrees to (i)provide a drug free workplace for Subtenant employees; (ii)post in conspicuous places,available to employees and applicants for employment,a statement notifying employees that unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Subtenant that Subtenant maintains a drug free workplace;and(iv) include the provisions of the foregoing clauses in every subcontract or purchase order over$10,000,so that the provisions will be binding upon each subcontractor or vendor. 19.2 For the purposes of this section, "drug free workplace"means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of this Lease Agreement. Section 20.FAITH BASED ORGANIZATIONS Pursuant to Virginia Code Section 2.2-4343.1, all parties shall be advised that the Sublandlord does not discriminate against faith-based organizations. Section 21. NOTICES.Any notice,demand,consent,approval,request or other communication or document to be provided hereunder to a party hereto shall be in writing addressed to Subtenant at the Leased Premises and to Sublandlord at and sent by certified or registered mail in the United States mail,postage prepaid,return receipt requested or by nationally recognized courier. Either party may change its notice address from time to time by giving notice of such change to the other in the manner set forth in this Section. Any such notice shall be considered given on the date of such deposit with such overnight courier for next business day delivery or deposit in the United States mail,but the time period in which to respond to such notice shall commence on the date of courier delivery or on the date received following deposit in the United States mail as provided above. Rejection or other refusal to accept or inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice. Section 22.GENERAL. 22.1 COMPLETE AND FINAL UNDERSTANDING;AMENDMENT.This Lease represents the complete understanding between the parties hereto as to the subject matter hereof,and supersedes all prior negotiations, representations,warranties,statements or agreements,either written or oral,between the parties hereto as to the same. This Lease may be amended by and only by an instrument executed and delivered by both Sublandlord and Subtenant. 22.2 APPLICABLE LAW;WAIVER;TIME OF ESSENCE.This Lease shall be given effect and construed by application of the laws of the Commonwealth of Virginia. Sublandlord shall not be deemed to have waived the exercise of any right which it holds hereunder unless such waiver is made expressly and in writing(and no delay or omission by Sublandlord in exercising any such right shall be deemed to be a waiver of the future exercise thereof).No such waiver made with respect to any instance involving the exercise of any such right shall be deemed to be a waiver with respect any other such instance,or any other such right. Time shall be of the essence in this Lease. 22.3 PARTIAL INVALIDITY;NO JOINT VENTURE. If any term or provision of this Lease or the application thereof to any person or circumstances shall,to any extent,be invalid or unenforceable,the remainder of this Lease,or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable,shall not be affected thereby,and each term and provision of this Lease shall be valid and be enforceable to the fullest extent permitted by law.The relationship of the parties is that of Sublandlord and Subtenant only,and nothing in this Lease shall be construed as creating a partnership,joint venture,principal,agent or any other relationship. Except as expressly otherwise provided herein,neither party shall have any right or power to create any expense or liability chargeable to the other party. 7 22.4 BROKERS; ATTORNEYS' FEES. Sublandlord and Subtenant, respectively, represent and warrant to the other that it has not dealt with any real estate broker or other person who may claim a fee or commission in connection with this Lease, and each party agrees to indemnify and hold the other harmless against any such claim made by any other broker claiming by, through or under such party. Subtenant's obligations hereunder shall survive the expiration or earlier termination of this Lease. In the event that any legal matter, dispute, action or proceeding exists or is commenced by or between Sublandlord and Subtenant under this Lease, the prevailing party shall be reimbursed reasonable attorneys' fees and court costs in such matter. SECTION 23. MASTER LEASE. Subtenant acknowledges and agrees that this Lease and the Leased Premises are subject to a Lease Agreement dated 2022 by and between Sublandlord, as Tenant, and the City of Roanoke, Virginia, as Landlord (the "Master Lease"). Subtenant further acknowledges and agrees that this Lease,Leased Premises,and the Master Lease are subject to a Master Services Agreement by and between Sublandlord and the City of Roanoke, Virginia dated , 2022 (the "Services Agreement"). All terms and conditions of the Master Lease are incorporated herein by reference. In the event any term or condition of this Lease conflicts with the Master Lease, the Master Lease shall control. Subtenant specifically acknowledges and agrees that this Lease shall automatically terminate upon the termination or expiration of the Master Lease or the Service Agreement. [Signatures appear on the following page(s).] 8 WITNESS the following signatures and seals effective as of the day and year first above written. SUBLANDLORD: THE ROANOKE-BLACKSBURG INNOVATION NETWORK, d/b/a Valleys Innovation Council By: Its: SUBTENANT: By: Its: 9 Exhibit A Leased Premises 10 The Roanoke Times Account Number Roanoke,Virginia 6017304 Affidavit of Publication Date January 26,2022 CITY OF ROANOKE COMMUNITY DEVELOPEMENT Attn OFFICE OF CITY MANAGER 215 CHURCH AVENUE,S.W.,SUITE 456 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 01/16/2022 Legal Notices NOTICE OF PUBLIC HEARING The City of Roanoke(City)pr( 1 x 97 L 512.32 Publisher of the Roanoke Times I,(the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke,in the State of Virginia,do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 01/07/2022 The First insertion being given... 01/07/2022 Newspaper reference: 0001294555 Billing Representative Sworn to and subscribed before me this 26th Day of January 2022 Notary Public State of Virginia County of Hanover Richard A.Notary Public Hund y My Commission expires inia Notary Registration No.7904041 Commission Exp.Jan 91,2024 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING The City of Roanoke("City")proposes to lease an approximately 0.1671 acre parcel of property located at 709 South Jefferson Street,S.W.,Roanoke, Virginia, designated as Official Tax Map No. 1020510, to The Roanoke- Blacksburg Innovation Network,d/b/a Valleys Innovation Council("VIC"),to be operated by VIC,or its designee,as an acceleration center focused primarily on connecting early stage companies to peers, mentors, and investors, for a term of up to five years, commencing on February 1, 2022("Lease").The proposed Lease is an exhibit to a proposed Management Services Agreement ("Services Agreement").The Services Agreement sets forth the terms under which VIC, or its designee, will operate the acceleration center. The provisions of the proposed Lease Agreement include the payment of rent by VIC,or its designee.to the city annually during the term of the proposed Lease. Pursuant to the requirements of Sections 15.2.1800(8) and 15.2.1813, Code of Virginia(1950),as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Tuesday, January 18, 2022, commencing at 7:00 p.m.,or as soon as the matter may be heard, in the Council Chamber, 4th Floor, Room 450,Noel C.Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia,24011. This public hearing may be conducted by electronic communication means due to the COVID-19 pandemic disaster. All persons wishing to address City Council must sign-up with the City Clerk's Office by emailing clerk@roarwkeva.gov or calling(540)853-2541 by 12:00 noon, on Tuesday,January 18,2022.Citizens who register will be provided Information to present their testimony via electronic communications means should the public hearing be conducted by electronic communications means due to COVID- 19 pandemic disaster. The full text of the Lease Agreement and ordinance is available on and after January 7,2022,from the Office of the City Clerk,4th Floor,Room 456, Noel C.Taylor Municipal Building,215 Church Avenue, S.W.. Roanoke. Virginia.24011. Should these offices be closed to the public due to the COVID-19 pandemic disaster, copies are available by contacting the City Clerk,by telephone,at(540)853.2541, or by email at elerk0roanokeva aov. For further information on the matter, you may contact the Office of the City Clerk at(540)853-2541. if you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday. January 13,2022. GIVEN under my hand this 7th day of January,2022. Cecelia F.McCoy City Clerk. (1294555) o NOTICE OF PUBLIC HEARING The City of Roanoke ("City") proposes to lease an approximately 0.1671 acre parcel of property located at 709 South Jefferson Street, S.W., Roanoke, Virginia, designated as Official Tax Map No. 1020510, to The Roanoke-Blacksburg Innovation Network, d/b/a Valleys Innovation Council ("VIC"), to be operated by VIC, or its designee, as an acceleration center focused primarily on connecting early stage companies to peers, mentors, and investors, for a term of three years, commencing on February 1, 2022 ("Lease"). The proposed Lease is an exhibit to a proposed Management Services Agreement ("Services Agreement"). The Services Agreement sets forth the terms under which the VIC, or its designee, will operate the acceleration center. The provisions of the proposed Lease Agreement include the payment of rent by VIC, or its designee, to the City annually during the term of the proposed Lease. Pursuant to the requirements of Sections 15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Tuesday, January 18, 2022, commencing at 7:00 p.m., or as soon as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. This public hearing may be conducted by electronic communication means due to the COVID-19 pandemic disaster. All persons wishing to address City Council must sign-up with the City Clerk's Office by emailing clerk@roanokeva.gov or calling (540) 853-2541 by 12:00 noon, on Tuesday, January 18, 2022. Citizens who register will be provided information to present their testimony via electronic communications means should the public hearing be conducted by electronic communications means due to COVID-19 pandemic disaster. The full text of the Lease Agreement and ordinance is available on and after January 7, 2022, from the Office of the City Clerk, 4th Floor, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Should these offices be closed to the public due to the COVID-19 pandemic disaster, copies are available by contacting the City Clerk, by telephone, at (540) 853-2541, or by email at clerkgroanokeva.gov. For further information on the matter, you may contact the Office of the City Clerk at(540) 853-2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, January 13, 2022. GIVEN under my hand this 7th day of January, 2022. Cecelia F. McCoy City Clerk. Note to Publisher: Please publish in full once in the Legal Section of the Roanoke Times, on Friday, January 7, 2022. Please send affidavit of publication to: Please send bill to: Cecelia F. McCoy, City Clerk R. Brent Robertson, Assistant City Manager 4th Floor, Noel C. Taylor Municipal Building For Community Development 215 Church Avenue, S.W., Room 456 215 Church Avenue, S.W., Room 364 Roanoke, Virginia, 24011 Roanoke, Virginia, 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of January 2022. No. 42267-011822. AN ORDINANCE authorizing the City Manager or his designee to execute a lease agreement with Rutherfoord Partners, LLC ("Lessee"), for the lease of an approximately 0.1670 acre parcel of City-owned property located at 1 Jefferson Street, S.W., Roanoke, Virginia, designated as Official Tax Map No. 1010507 and an approximately 0.1158 acre parcel of City- owned property located at 709 South Jefferson Street, S.W., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 1020510 ("Property") for a term of up to three years, commencing on January 31, 2022 ("Lease"). The provisions of the proposed Lease include the payment of rent by the Lessee to the City, and other consideration; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on January 18, 2022, pursuant to Sections 15.2- 1800 and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease; WHEREAS pursuant to Ordinance No. 41568-091619, adopted September 16, 2019, the City and Rutherfoord Partners, LLC ("Developer") entered into a First Reinstated Agreement for the Exchange of Real Estate dated September 17, 2019 (the "Agreement") under which Agreement the City agrees to sell to Developer property located at 29 Campbell Avenue S.W., and 30 Salem Avenue S.W., bearing Official Tax Map Nos. 1011105, 1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 1011118, 1011119, 1011120, 1011122, and 1011129, commonly known as "Campbell Court" currently owned by Greater Roanoke Transit Company (GRTC) and used as GRTC's transportation center, which the City intends to acquire from GRTC pursuant to a separate agreement between the City and GRTC. In exchange for the conveyance of Campbell Court, Developer would convey the Property, currently used as office space for an insurance company. The City and Lessee have negotiated the proposed Lease in order to provide for the current insurance company tenant to remain in the building. The City expects to acquire the Property, and enter into and execute the proposed Lease with the Lessee, concurrently. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or his designee is hereby authorized, to execute, in a form approved by the City Attorney, a lease of an approximately 0.1670 acre parcel of City-owned property located at 1 Jefferson Street, S.W., Roanoke, Virginia, designated as Official Tax Map No. 1010507 and an approximately 0.1158 acre parcel of City-owned property located at 709 South Jefferson Street, S.W., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 1020510 for a term of up to three years, commencing on January 31, 2022, as more particularly described in the City Council Agenda Report dated January 18, 2022. 2. The City Manager or his designee is further authorized to execute such other agreements and documents, and take such other actions, deemed necessary to effectuate, implement, administer, and enforce the Lease. The form of such other agreements and documents shall be approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 18, 2022 Subject: Public Hearing to Enter into a Lease Agreement with Rutherfoord Properties, LLC for the Lease Conveyance of City- Owned Property located at 1 Jefferson Street, S.W. and 7 Jefferson Street, S.W. Background: The City and Hist:Re Partners, LLC (Hist:Re Partners) entered into a First Reinstated Agreement for the Exchange of Real Estate dated September 17, 2019, (Agreement) following authorization by City Council through the adoption of Ordinance No. 41565-091619. Hist:Re Partners has since assigned the Agreement to Ru herfoord Partners, LLC (Developer). The Agreement authorizes the sale byte City to Developer of 29 Campbell Avenue, S.W., and 30 Salem Avenue, S.W , bearing Official Tax Map Nos. 101 1 105, 1011106, 1011107, 1011108, 011109, 1011110, 1011116, 1011117, 1011118, 1011119, 1011120, 1011122, and 1011129, (collectively and commonly known as Campbell Curt), which is currently owned by Greater Roanoke Transit Company (GRT ) and used as GRTC's transportation center. The City will acquire Campbell Court from GRTC pursuant to a separate agreement between the City and CRTC. In exchange for the conveyance of Campbell Court to Developer, the City will receive two parcels of property situated at 1 .Jefferson Street, S.W., and 7 Jefferson Street, S.W., bearing Official Tax Map Nos. 1010507 and 1010508, respectively (Property). The Property is currently owned by Rutherfoord Properties, LLC (Lessee) and occupied by an insurance company (Sub-Lessee) Lessee has expressed an interest in entering into a lease agreement for up to three years with the City for the lease conveyance of the Property so as to continue to provide office space for Sub-Lessee. The Agreement shall provide for an annual rent of $125,000, payable to the City in monthly installments. Terms for lease of the Property are contained in the attached Lease (Lease Agreement). Considerations: Among the salient points to consider in relation to this Lease Agreement are the following: The term for this Lease Agreement shall be one (1) year, commencing on January 31 , 2022 and ending on January 30, 2023. Lease Agreement may be renewed up to two additional one-year terms, upon mutual agreement of the parties. If the term is extended beyond the initial January 30, 2023 end date, annual rent shall increase by 3%. • Lessee will operate and maintain the Property at its sole expense, the liability for which the City has acknowledged by agreeing to a reduction in annual rent. Recommended Action: Absent comments at the public hearing needing further consideration, approve the terms of the Lease Agreement between the City and Rutherfoord Properties, LLC, as set forth in the attachment to this report. Authorize the City Manager to execute such Lease Agreement between the City and Rutherfoord Properties, LLC substantially similar to the one attached to this report, and to execute such other documents and to take such further actions as may be necessary to lease the Property and to implement, administer, and enforce such Lease Agreement, with the form of such Agreement and any other documents to be approved by the City Attorney. r---------- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers W. Brent Robertson, Assistant City Manager for Community Development Marc B. Nelson, Director of Economic Development 2 COMMERCIAL LEASE AGREEMENT THIS LEASE AGREEMENT("Agreement"),is dated January 31,2022,between the CITY OF ROANOKE,VIRGINIA,a municipal corporation organized and existing under the laws of the Commonwealth of Virginia("Lessor"),and RUTHERFOORD PARTNERS,LLC,a Virginia limited liability company("Lessee"), WITNESSETH: WHEREAS,the Lessor owns two(2)parcels of real property,together with improvements thereon, situated at (i) 1 Jefferson Street, S.W., bearing Official Tax Map No. 1010507, and containing 0.1670 acres,more or less,and(ii)7 Jefferson Street,S.W.,bearing Official Tax Map No. 1010508, containing 0.1158 acres, more or less, in the City of Roanoke, Virginia (the "Leased Premises"), WHEREAS, Lessee desires to lease the Leased Premises, together with all improvements situated on the Property, for the purpose of office space, and the Lessor desires to lease the Leased Premises to Lessee for such purposes,upon the terms and conditions stated below; and WHEREAS,Roanoke City Council authorized the City Manager,on behalf of the Lessor,to enter into this Agreement with Lessee pursuant to Ordinance No. , adopted January , 2022, following a public hearing on this matter. NOW THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, and the above recitals which are incorporated by reference herein, the parties agree as follows: Section 1. Leased Premises. Subject to the terms and conditions of this Agreement, Lessor hereby leases to Lessee, and Lessee leases from Lessor, the Leased Premises, and all improvements located thereon, for Lessee to use for office space. Section 2. Term and Renewal. The initial term of this Agreement shall be one(1)year, commencing on January 31,2022,and ending on January 30,2023.Thereafter,the Agreement may be renewed for up to two additional one year terms,upon the mutual agreement of the parties. Each renewal term may be exercised by the party requesting renewal providing notice to the other parry in writing no later than sixty(60) days prior to the expiration of the initial term or any renewal term. The other party shall then be required to provide written notice to the party requesting such renewal and whether it agrees to the renewal term, and if so,under what conditions before the Agreement shall be renewed a subsequent term. Section 3. Rent. (a) As consideration for this Agreement, Lessee shall pay Lessor the annual amount of ONE HUNDRED TWENTY FIVE THOUSAND AND NO/DOLLARS ($125,000)as rent per year payable in equal monthly installments for the initial one year term of this Agreement. If the term is extended beyond January 30, 2023,the Rent shall be increased by 3%. {2911910-2,120946-00001-01} 1 (b) Such rent shall be due and payable no later than January 31,2022,for the first monthly installment of this Agreement,and thereafter Rent shall be payable monthly in advance,for each year of the renewal term or terms of this Agreement, and paid at the Lessor's Office of City Treasurer, Room 254, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. In the event payment is not received within ten (10) days of this date, a late charge in the amount of ten percent(10%)of the annual rent shall be added to the rent amount due.Interest on all delinquent rent shall accrue at the rate of ten percent (10%)per annum. (c)No payment by Lessee or receipt by Lessor of a lesser amount than the rent,additional rent, or other amounts herein stipulated shall be deemed to be other than on account of the stipulated rent and amounts due,nor shall any endorsement or statement on any check or any letter accompanying any check or payment thereof be deemed an accord and satisfaction, unless the Lessor otherwise agrees in a writing signed by both Lessor and Lessee. Lessor may accept such check of payment without prejudice to Lessor's right to recover the balance of such amounts or pursue any other remedy provided in this Lease Agreement or by law. Section 4. Taxes and Other Charges. (a)In addition to payment of the rent asset forth above, Lessee shall timely pay all applicable real estate or leasehold taxes, or any other taxes or charges in connection with this Agreement that the Lessee may be required by law or regulations to pay.Any applicable real estate or other taxes shall be determined by the Real Estate Assessor for the City of Roanoke, and Lessor will provide appropriate notice and documentation of such taxes to Lessor if Assessor does not provide such notice directly to Lessee. (b) Lessee shall reimburse Lessor for all stormwater utility fees if assessed by the City of Roanoke for the Leased Premises pursuant to Chapter 11.5,Code of the City of Roanoke(1979),as amended. Section 5. Lessee's Use of Leased Premises. (a) Purpose. Lessee shall use the Leased Premises only for the purpose of office space, and for no other purpose. (b) Operation. Lessee shall, at its sole cost and expense, operate and maintain the Leased Premises in accordance with good practices as are customary in the industry for its intended use. Any damage done to the Leased Premises, or any other property of Lessor located on the Leased Premises, shall be repaired or replaced by Lessee at Lessee's sole expense within thirty (30) days after notification by Lessor of such damage. Any improvements made to the Leased Premises shall only be made upon Lessor's prior written approval,and any improvements authorized by Lessor shall become the property of Lessor,without Lessor owing Lessee any sums for any increase in value to the Leased Premises as a result of such improvements. (c) Maintenance. Lessee accepts the Leased Premises in its AS IS,WHERE IS, condition. Lessor makes no warranties or representations regarding the condition of the Leased Premises, including the suitability of the Leased Premises for Lessee's intended use. Lessor shall have no responsibility to maintain,repair,or replace any portion of the Leased Premises.Except in the event of an emergency, Lessee shall provide written notice to Lessor within three (3)business days, and obtain Lessor's written approval, before commencing any maintenance,repair, or replacement, or other construction on the Leased Premises,and Lessee shall promptly restore the Leased Premises to the same condition the Leased Premises existed prior to such maintenance,replacement, or repair, {2911910-2,120946-00001-01} 2 after such work. Lessee agrees that any such maintenance,repair or replacement of any portion of the Leased Premises shall be performed in a good and workmanlike manner. Lessor reserves the right,and not the obligation,for Lessor,its agents,employees,and assigns,to enter upon the Leased Premises at any reasonable time to make repairs,perform maintenance,alterations or improvements; on a case by case basis in Lessor's sole discretion, provided, however, that such repairs, maintenance, alterations, or improvements shall not unreasonably interfere with Lessee's business operations. Such right to enter shall also include the right to enter upon the Leased Premises for the purposes of inspection and to show the Leased Premises to prospective purchasers.Such reservation of rights shall not be construed to limit, modify, or waive Lessee's obligation to keep the Leased Premises in good repair and condition, and to perform maintenance, repair or replacement to Lessor's personal property and the Leased Premises when necessary. (d) Security. Lessee further acknowledges and agrees that Lessor is not responsible for providing any security to Lessee concerning any of Lessee's property located on the Leased Premises,and that any such security obtained by Lessee shall be obtained at Lessee's sole expense. (e)Utilities. The parties agree that Lessor is not responsible for payment of any utility costs or charges,and telephone,internet,which will be the responsibility and obligation of Lessee to pay and obtain if applicable. (f) Sublease of Leased Premises by Lessee. Except for a sublease to Marsh & McLennan Agency, LLC, Lessee covenants and agrees that it will not sublet, license, assign, or transfer by operation of law or otherwise,this Agreement,the Leased Premises,or any right Lessee is authorized to exercise hereunder, without the prior written consent of the Lessor, and such attempted assignments without such permission shall be void. The Lessor may grant or withhold its consent in its sole discretion.Any attempt by the Lessee to sublet,license,assign,or transfer by operation of law or otherwise this Agreement,the Leased Premises,or any rights Lessee is authorized to exercise hereunder,without the prior written consent of the Lessor shall result in the automatic termination of this Agreement. Lessee agrees to provide a copy of all agreements it has currently and proposes to enter as such subleases are negotiated in the future to Lessor,prior to execution of such agreement, for Lessor's approval. Lessee guarantees Lessor that all requirements and restrictions contained in this Agreement shall be included in any sublease. (g)Lessee shall maintain,repair or replace, if necessary,the sump pump and air handler in the basement at Lessee's sole cost and expense. Section 6. Hazardous Materials. While on or near the Leased Premises in its performance pursuant to this Agreement or at any other portion of the Property, Lessee shall not transport,dispose of any hazardous substance,material,or waste,as the term"hazardous material"is defined under federal,state,and local laws,rules and ordinances,without obtaining Lessor's written approval, and in any event Lessee shall comply with all federal, state, and local laws, rules, regulations, and ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to the storage,transport,or disposal of hazardous material,substances or waste. Regardless of Lessor acquiescence, Lessee agrees to reimburse Lessor for all costs and expenses incurred by Lessor in eliminating or remedying such violations. Lessee also agrees to reimburse Lessor for out of pocket attorney's fees and all penalties or civil judgments incurred by or obtained against Lessor as a result of Lessee's use of any hazardous materials,substance or waste,the discharge of the same 12911910-2,120946-00001-011 3 onto the ground or otherwise,or into the water or air from,near or upon the Leased Premises or the Property. Section 7. Indemnification. Lessee agrees and binds itself, and shall require the same of any sublessee,to indemnify,keep and hold the Lessor,its officers,agents,employees and volunteers free and harmless from any and all claims, causes of action, damages, costs (including attorney's fees), or any liability on account of any injury or damage of any type to any persons or property growing out of or directly or indirectly resulting from any act or omission of Lessee, including but not limited to: (1) Lessee's use of the public ways or other areas of the Leased Premises in connection with this Agreement; (2) the acquisition, construction, reconstruction, erection, installation, operation, maintenance, repair or extension of the Leased Premises; (3) the Lessee's exercise of any right or privilege granted by or under this Agreement or any sublease,(4)the failure, refusal or neglect of Lessee or a sublessee of Lessee to perform any duty imposed upon or assumed by Lessee by or under this Agreement or any such sublease, (5)any claim made against the Lessor made or arising out of any action by Lessee or a sublessee of Lessee or(6) any claim brought by a sublessee of Lessee against the Lessor for any reason, excluding in all cases, matters, claims, damages or costs caused by or directly related to actions or omissions of Lessor or its employees, agents, contractors, subdivisions,affiliates or subsidiaries. In the event that any suit or proceeding shall be brought against the Lessor at law or in equity,either independently or jointly with Lessee or sublessee on account of anything set forth above, Lessee, upon notice given to it by Lessor, will defend the Lessor in any such action or other proceeding,at the cost of the Lessee;and in the event of any settlement or final judgment being awarded against the Lessor,either independently or jointly with Lessee,then Lessee will pay any such settlement or judgment or will comply with such decree, pay all reasonable costs and expenses of whatsoever nature and hold the Lessor,its officers,agents, employees and volunteers harmless therefrom. Section 8. Environmental Indemnifications.(a)Lessee is aware of and assumes the risk of the presence of contaminated soil,groundwater and vapors on the Leased Premises.Lessee,and any person claiming under Lessee, discharges and releases Landlord from any liability that arises from the contaminated soil,groundwater and vapors.Lessee takes the Lease for the Leased Premises in its AS IS, WHERE IS condition. Landlord makes no claim that the Premises is suitable for Lessee's purposes or any claim or warranty about the condition of the Leased Premises.Any excavation work anywhere on the Leased Premises is prohibited without first securing the approval of Lessor. (b)In addition to the indemnification provisions contained elsewhere in this Lease Agreement, Lessee shall indemnify,defend,and hold Lessor, its officers,agents and employees,harmless from all costs, liabilities, penalties, or fines, including attorney's fees, resulting from or arising out of claims related to the presence of contaminated soil,groundwater and vapors on the Leased Premises and agrees to reimburse the Lessor for any and all costs and expenses incurred due to such claims. Lessee further covenants and agrees to reimburse and hold the Lessor its officers, agents and employees, harmless from all costs, expenses, attorney's fees and all penalties or civil judgments obtained against the Lessor as a result of the presence of contaminated soil,groundwater and vapors on the Leased Premises. (c)Pursuant to the City's bona fide prospective purchaser status pursuant to § 10.1-1234(B)of the Code of Virginia, the City confirms that it performed its due diligence and confirmed the {2911910-2,120946-00001-01} 4 presence of recognized environmental conditions on the Leased Premises. The related reports and findings have been shared with Lessee and Lessee acknowledges such findings. Section 9. Insurance. (a) Requirement of insurance. Lessee shall,at its expense,obtain and maintain during the life of the Agreement,the insurance and bonds required by this Agreement. Any required insurance and bonds shall be effective prior to the commencement of this Agreement. (b) Commercial General Liabilitv. Lessee shall maintain during the life of the Agreement Commercial General Liability insurance coverage on an occurrence basis insuring against all claims, loss, cost,damage, expense or liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of this Agreement. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence and $2,000,000 aggregate. (c) Contractual Liabilitv. Lessee shall maintain during the life of the Agreement broad form Contractual Liability insurance including the indemnification obligation set forth in this Agreement if it is not included in the Commercial General Liability insurance coverage in(b)above. (d) Workers' Compensation. Lessee shall maintain during the life of the Agreement Workers' Compensation insurance covering Lessee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in work under this Agreement. Minimum limits of liability for Employer's Liability shall be$ 100,000 bodily injury each occurrence; $500,000 bodily injury by disease(Policy limit);and$100,000 bodily injury by disease (each employee). With respect to the Workers'Compensation and Employer's Liability coverage, the Lessee's insurance company shall waive rights of subrogation against the Lessor, its officers, agents, employees and volunteers. (e) Automobile Liability. Lessee shall maintain during the life of this Agreement Automobile Liability insurance. The minimum limit of liability for such insurance shall be $1,000,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under its Agreement. (f) Umbrella Coverage. The insurance coverages and amounts set forth in subsections(b), (c), (d)and(e)of this Section may be met by an umbrella liability Policy following the form of the underlying primary coverage in a minimum amount of$ 2,000,000. Should an umbrella liability insurance coverage Policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific Policy numbers indicated for the insurance providing the coverages required by subsections(b),(c),(d)and(e),and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Lessee to the Lessor. (g) Fire and Extended Coverage for Structures. Lessee shall obtain and maintain fire and extended coverage insurance insuring any improvements on the Leased Premises, for direct and indirect loss or damage by fire and any other casualty covered under a broad perils,"all risks"typical fire and extended coverage property insurance policy.in an amount equal to the current fair value of the improvements. This coverage shall include the cost of demolition and removal of the improvements, or any portions thereof, damaged by fire or other casualty. The proceeds of the fire and extended coverage insurance shall be payable to Lessor.Lessor shall have the sole right to use {2911910-2,120946-00001-01} 5 the proceeds to repair the improvements and continue this Agreement or retain the proceeds of insurance and terminate this Agreement. (h) Evidence of Insurance. All insurance shall meet the following requirements: (1)The Lessee,or sublease,shall furnish the Lessor a certificate or certificates of insurance showing the type,amount,effective dates and date of expiration of the policies. The Lessor shall be notified of any deductible greater than $500 and such deductible shall be subject to approval of the Lessor, which shall not be unreasonably withheld. (2)All required certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered,except after thirty(3 0)days written notice has been provided to the City of Roanoke." (3)Except for Workers' Compensation coverage and Employer's Liability coverage, the required certificate or certificates of insurance shall name the Lessor,its officers,agents,employees,and volunteers as additional insureds in connection with this Agreement.The Fire and extended coverage insurance shall insure the Lessor and the Lessee in the Building, as their interests may appear. (4)Insurance coverage shall be in a form and with an insurance company approved by the Lessor which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Agreement shall be authorized to do business in the Commonwealth of Virginia. (5)All required certificates of insurance shall include the following verbiage in the Description of Operations box at the bottom: "To the City and its officers, employees, agents, assigns, and volunteers naming them as an additional insured under the general liability coverage." Section 10. Termination,Nonrenewal,and Expiration. (a)The parties agree that either party may terminate this Agreement at any time,with or without cause,for any reason,upon ninety (90) days written notice to the other party. Upon any such early termination or nonrenewal of the Agreement,Lessee shall vacate the Leased Premises upon the expiration of the notice period. Lessee shall be liable to Lessor for all rent,additional consideration and taxes under this Agreement for the period of this Agreement prior to said termination date or nonrenewal, except as set forth in this Agreement. (b) Site Restoration. If this Agreement is terminated, not renewed, or expires, Lessee shall have sixty(60) days from the termination or expiration date to remove its personal property, including any equipment of any sublessee,and related equipment from the Leased Premises,and to repair, replace, or restore any damage to the Leased Premises to the same conditions in which the Leased Premises existed prior to the commencement of this Agreement, ordinary wear and tear excepted. The parties acknowledge that Lessor shall have no obligation to provide security or {2911910-2,120946-00001-01} 6 otherwise safeguard Lessee's personal property that may be located on the Leased Premises during this time. If Lessee's property,sublessee's property,and related equipment are not removed to the reasonable satisfaction of Lessor within sixty (60) days of the termination or nonrenewal of this Agreement,such property and equipment shall be deemed abandoned and shall become the property of Lessor and Lessee shall have no further rights thereto,or at Lessor's option,the Lessor shall have the right to remove such items and charge the Lessee the cost of such removal and/or disposal of such items. Section 11. Limitation of Lessor's Liability. The Lessor, its officers, agents, or employees shall not be liable to Lessee for any damages of any type or loss or interruption of any of Lessee's business, or any sublessee's business,caused by any omissions or actions of Lessor,whether negligent or otherwise. Lessee expressly agrees that a part of the consideration it is giving to support this Agreement is a waiver of any right to seek from the Lessor any claim for such consequential damages or lost profits. Section 12. Condemnation. In the event the whole of the Premises is taken by eminent domain, this Agreement shall terminate as of the date title to the Leased Premises vests in the condemning authority. If a portion of the Leased Premises is taken by eminent domain,either parry shall have the right to terminate this Agreement as of the date of transfer of title, by giving thirty (30) days'written notice to the other party. In the event of any taking under the power of eminent domain,Lessee shall not be entitled to any portion of the award paid for the taking and Lessor shall receive the full amount of such award. Lessee hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the license or to the fee of the Leased Premises, shall belong to Lessor, Lessee shall have the right to claim and recover from the condemning authority,but not from Lessor acting as Lessor,such compensation as maybe separately awarded or recoverable by Lessee on account of any and all damage to Lessee's business and any costs or expenses incurred by Lessee in removing its equipment, personal property, and any relocation expenses. Section 13. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail,return receipt requested,or by a nationally recognized overnight courier,addressed as follows: 12911910-2,120946-00001-011 7 If to Lessor,to: City of Roanoke Director of Economic Development 117 Church Avenue S.W. Roanoke,Virginia 24011 Telephone: (540) 853-2717 If to Lessee,to: Rutherfoord Partners, LLC ATTN: Lucas Thornton 631 Campbell Avenue, SE, Suite 1 Roanoke,VA 24013 With a Copy to: Woods Rogers PLC ATTN: R.Neal Keesee, Jr. 10 S. Jefferson Street, Suite 1400 Roanoke,VA 24011 Notice shall be deemed delivered upon the date of personal service,two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. Section 14. Miscellaneous. (a) No Broker. If either parry is represented by a real estate broker in this transaction, that parry shall be fully responsible for any fee due such broker and shall hold the other party harmless from any claims for any commission by such broker. (b) Cooperation. Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and purposes of this Agreement. (c) Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement,which shall continue in full force and effect. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable,they shall be deemed modified to the extent necessary to make them enforceable. (d) Authority. The persons who have executed this Agreement represent and warrant that they are duly authorized to execute this Agreement in their representative capacities as indicated. (e) Counterparts Allowed. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. (f) Compliance with Laws. In Lessee's exercise of the rights and privileges granted herein, Lessee, its agents, employees, guests, invitees, contractors, and/or any other person over whom Lessee has control shall observe, obey and comply fully at Lessee's own expense with all present and future,federal state and local laws,rules or regulations,applicable to or affecting directly or indirectly Lessee or its operations and activities on or in connection with the Leased Premises. Lessee further agrees that Lessee does not and shall not during the performance of this Agreement; 12911910-2,120946-00001-01} 8 knowingly employ an unauthorized alien as defined in the Federal Immigration Reform&Control Act of 1986. (g) Successors and Assigns. The terms,conditions,provisions and undertakings of this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. (h) Captions. The paragraph Captions and Headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. (i) Governing Law. By virtue of entering into this Agreement,Lessee and Guarantor agree and submit themselves to a court of competent jurisdiction in the City of Roanoke,Virginia and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia or any applicable federal laws and that all claims,disputes,and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia or any applicable federal laws. 0) Waiver. Lessee agrees that the Lessor's waiver or failure to enforce or require performance of any term or condition of this Agreement or the Lessor's waiver of any particular breach of this Agreement by the Lessees extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any other breaches of the Agreement by the Lessees and does not bar the Lessor from requiring the Lessees to comply with all the terms and conditions of the Agreement and does not bar the Lessor from asserting any and all rights and/or remedies it has or might have against the Lessee under this Agreement or by law. (k) Entire Agreement. This Agreement and its exhibits constitute the entire agreement and understanding of the parties,and supersede all offers,negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. Lessee acknowledges that it has participated in the drafting of this Agreement.In the event of a dispute concerning any provision of this Agreement,Lessee hereby acknowledges and agrees that it will not rely on any defense that any ambiguity in the Agreement should be construed against the drafter of the Agreement and the Lessee waives that defense. Lessee agrees that Lessor shall have no responsibility, duty, or obligation to provide Lessee any services,property, or items that are not otherwise indicated in this Agreement Section 15. Nondiscrimination. During the performance of this Agreement,the Lessee agrees as follows: (a) Lessee will not discriminate against any employee or applicant for employment because of race, religion, color, sex,national origin, age, disability, or other basis prohibited by law relating to discrimination in employment except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Lessee. Lessee agrees to post in a conspicuous place,available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. {2911910-2,120946-00001-011 9 (b) Lessee,in all solicitations or advertisements for employees placed by or on behalf of the Lessee,will state that such Lessee is an equal employment opportunity employer. (c) Notices,advertisements and solicitations placed in accordance with federal law,rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. (d) The Lessee will include the provisions of the foregoing paragraphs a,b, and c in every contract,subcontract,or purchase orders of over$10,000,so that the provisions will be binding upon each contractor, subcontractor, or vendor. Section 16. Drug-Free Workplace (a). During the performance of this Agreement,Lessee agrees to (i)provide a drug free workplace for Lessee's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution,dispensation,possession,or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Lessee that Lessee maintains a drug free workplace;and(iv)include the provisions of the foregoing clauses in every subcontract or purchase order of over$10,000,so that the provisions will be binding upon each subcontractor or vendor. (b). For the purposes of this section, "drug free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation,possession or use of any controlled substance or marijuana during the performance of this Agreement. Section 17. Faith Based Organizations. Pursuant to Virginia Code Section 2.2-4343.1,all parties shall be advised that the Lessor does not discriminate against faith-based organizations. Section 18. Default (a) Each of the following shall constitute an event of default of this Agreement: (1) Lessee fails to pay rent within ten (10) days after such rent becomes due and payable; (2) Lessee fails to observe or perform any term,condition,or covenant in this Agreement; (4)noncompliance with any of the terms or obligations of Lessee under this Agreement; or (4)Lessee or guarantor files a voluntary petition in any bankruptcy or insolvency proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding is filed against Lessee or guarantor and is not discharged by Lessee or guarantor within sixty(60) days after such filing. (b) It is understood and agreed by and between the Lessor and Lessee that in the event of a breach by Lessor or Lessee of any of the covenants and agreements herein contained or in the event 12911910-2,120946-00001-01} 10 of a default by Lessee as set forth above, the aggrieved party may serve a written thirty (30) day notice of default, specifying such default or breach, on the defaulting or breaching party. If such default is not remedied within said(30) days,this Agreement shall automatically end and expire. (c) If such default or breach is not remedied within the thirty(30) day period,the non- defaulting or non-breaching parry,at its option,without further notice or demand to the defaulting or breaching party,may in addition to all other rights and remedies provided in this Agreement or at law or in equity,terminate this Agreement and recover all damages to which it is entitled under the law. Furthermore,the Lessor shall be entitled to recover and immediately take possession of the Premises and recover, without limitation, all of Lessor's expenses of reletting, including without limitation, rental concessions to new tenants,repairs, alterations, and legal fees. (d) If Lessor takes possession pursuant to this Agreement,with or without terminating this Agreement, Lessor may, at its option, enter into the Premises, remove Lessee's alterations, signs, personal property, equipment, and other evidences of tenancy, and store them at the Lessee's sole risk and expense or dispose of them as Lessor may see fit,including,but not limited to selling such items and applying any net proceeds to any amounts Lessee may owe Lessor, and take and hold possession of the Premises. (e) Lessee's obligations under this Agreement with respect to all representations and indemnity shall survive the termination or expiration of this Agreement. (f) Lessee agrees that it has read, reviewed, and understands the terms of this Agreement. Lessee further agrees that it has participated in the drafting of this Agreement,and that in the event any of the terms of this Agreement are determined to be ambiguous, such ambiguity will not be construed against Lessor. 12911910-2,120946-00001-01} I 1 IN WITNESS WHEREOF,the parties have executed this Agreement by the following Signatures as of the date stated above. LESSOR: CITY OF ROANOKE,VIRGINIA,a Virginia municipal corporation By: Robert S. Cowell, Jr., City Manager COMMONWEALTH OF VIRGINIA : To-wit: CITY OF ROANOKE The foregoing instrument was acknowledged before me this day of , 2022,by Robert S.Cowell,Jr.,the City Manager for the City of Roanoke,Virginia,for and on behalf of the City. My Commission expires: Notary Public Registration No. Approved as to Form: Approved to as Execution: Assistant City Attorney Assistant City Attorney Authorized by Ordinance No: (2911910-2,120946-00001-01) 12 LESSEE: Rutherfoord Partners, LLC (SEAL) Lucas Thornton, Manager COMMONWEALTH OF VIRGINIA To-wit: CITY/COUNTY OF ROANOKE The foregoing instrument was acknowledged before me this day of 2022, Lucas Thornton, the duly authorized manager of Rutherfoord Partners LLC, a Virginia limited liability company, on behalf of Rutherfoord Partners,LLC. My Commission expires: Notary Public Registration No. t2911910-2,120946-00001-011 13 AMENDMENT NO. 5 TO FIRST REINSTATED AGREEMENT FOR THE EXCHANGE OF REAL ESTATE DATED SEPTEMBER 17,2019 BETWEEN THE CITY OF ROANOKE,VIRGINIA AND RUTHERFOORD PARTNERS,LLC This Amendment No. 5 to the First Reinstated Agreement For The Exchange Of Real Estate September 17, 2019,between the City of Roanoke Virginia, a Virginia municipal corporation(the"City"), and Rutherfoord Partners, LLC, a Virginia limited liability company ("Developer") ("Amendment No. 3")is dated January 19, 2022. RECITALS A. The City and Hist:Re Partners, LLC entered into the First Reinstated Agreement For The Exchange Of Real Estate dated September 17, 2019 (the"Agreement"), and Hist:Re Partners, LLC subsequently assigned its rights and obligations under the Agreement to Developer with the consent of the City, and under which Agreement, (i)the City agrees to sell, and Developer agrees to purchase Campbell Court, all as in accordance with the terms and conditions of the Agreement; and(ii)Developer agrees to sell, and the City agrees to purchase the Future Rail Station Parcels, all as in accordance with the terms and conditions of the Agreement. B. The Parties amended the Agreement by Amendment No. 1 dated June 16, 2020,to extend the Approval Period to September 30, 2020, and the Closing Date to December 31, 2020. C. The Parties amended the Agreement by Amendment No. 2 dated September 22, 2020 to extend the Approval Period to March 31, 2021, and the Closing date to June 30, 2021. D. The Parties amended the Agreement by Amendment No. 3 dated March 31, 2021 to extend the Approval Period to June 30, 2021, and the Closing date to September 30, 2021. E. The Parties amended the Agreement by Amendment No. 4 dated September 30, 2021 to extend the the Closing date to January 31, 2022. F. The Parties desire to update the Development Project as described in Exhibit B and extend the Closing Date. G. The Parties desire to amend the Agreement to provide for the updated Exhibit B and extend the Closing Date. Based on the foregoing, for good and valuable consideration and the representations set forth in the Recitals which are a material part of this Amendment No. 5 and are incorporated . herein,the Parties agree as follows: 1 1. Exhibit B of the Agreement is amended by deleting it in its entirety and replacing it with Revised Exhibit B dated August 24, 2021, which is attached hereto as Attachment 1 and incorporated herein. 2. Section 12.1 of the Agreement is amended by deleting the date"January 31, 2022,"and inserting in its place"February 28, 2022." 3. Except as amended herein,the Agreement remains in full force and effect in accordance with its terms. The Parties acknowledge and agree that the Agreement, as amended by Amendment No. 1,Amendment No. 2, Amendment No. 3, Amendment No. 4, and this Amendment No. 5 constitutes the entire agreement between the Parties with respect to the purchase and sale of Campbell Court and the Future Rail Station Parcels. 4. Capitalized terms not defined in this Amendment No. 5 shall have the meaning ascribed to such terms as set forth in the Agreement. Dated as of the day and date first above written. SIGNATURES APPEAR ON FOLLOWING PAGES 2 IN WITNESS WHEREOF,the Parties have executed this Amendment No. 5 by their authorized representatives as of the date of this Amendment No. 5. CITY OF ROANOKE,VIRGINIA By: Robert S. Cowell, Jr. City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE The foregoing Amendment No. 5 was acknowledged before me this day of 20212, by Robert S. Cowell, Jr., the duly authorized City Manager of the City of Roanoke, Virginia, a Virginia Municipal Corporation, on behalf of the City of Roanoke, Virginia. My Commission expires: Notary Public SEAL Approved as to form: Approved as to execution: 3 RUTHERFOORD PARTNERS, LLC By: Lucas Thornton, Manager STATE OF CITY/COUNTY of The foregoing Amendment No. 5 was acknowledged before me this day of 2022, by Lucas Thornton, the duly authorized manager of Rutherfoord Partners LLC, a Virginia limited liability company, on behalf of Rutherfoord Partners, LLC. My Commission expires: Notary Public SEAL 4 ATTACHMENT 1 Revised Exhibit B dated August 24, 2021 5 The Roanoke Times Account Number Roanoke,Virginia 6017304 Affidavit of Publication Date CITY OF ROANOKE COMMUNITY January 26,2022 DEVELOPEMENT Attn OFFICE OF CITY MANAGER 215 CHURCH AVE SW.ROOM 364 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 01119/2022 Trustee Sales NOTICE OF PUBLIC HEARING The City of Roanoke(City)pr 1 x 122 L 626.32 Publisher of the Roanoke Times I,(the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke,in the State of Virginia,do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 01110/2022 The First insertion being given... 01/10/2022 Newspaper reference: 0001295688 Billing R presentati Sworn to and subscribed before me this 26th Day of January 2022 rX Notary Public State of Virginia County of Hanover Richard A.Hundley My Commission expires Notary Public Commonweaffi of Virginia Notary Registration No.7904041 Commission Exp.Jan 31,2024 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING The City of Roanoke("City")proposes to lease two parcels of property that the City will acquire and own located at 1 Jefferson Street, S.W. Roanoke, Virginia, designated as official Tax Map No. 1010507, containing approximately 0.1670 acres, more or less; and 7 Jefferson Street, S.W., Roanoke, Virginia, designated as Official Tax Map No. 1010508. containing approximately 0.1158 acres, more or less (the "Property"), to Rutherfoord Partners, LLC ("Lessee"), for a term of up to three years, commencing on January 31, 2022 ("Lease"). The provisions of the proposed Lease include the payment of rent by the Lessee to the City, and other consideration. Pursuant to Ordinance No. 41568. 091619,adopted September 16, 2019, the City and Rutherfoord Partners,LLC ("Developer") entered into a First Reinstated Agreement for the Exchange of Real Estate dated September 17,2019(the"Agreement") under which Agreement the City agrees to sell to Developer property located at 29 Campbell Avenue S.W., and 30 Salem Avenue S.W., bearing Official Tax Map Nos.101110%1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 1011118, 1011119, 1011120, 1011122, and 1011129, commonly known as"Campbell Court" currently owned by Greater Roanoke Transit Company(GRTC)and used as GRTC's transportation center, which the City intends to acquire from GRTC pursuant to a separate agreement between the City and GRTC. in exchange for the conveyance of Campbell Court, Developer would convey the Property,currently used as office space for an Insurance company. The City and Lessee have negotiated the proposed Lease In order to provide for the current insurance company tenant to remain in the building.The City expects to acquire the Property, and enter Into and execute the proposed Lease with the Lessee, concurrently. Pursuant to the requirements of Sections 15.2.1800(8) and 151-1813, Code of Virginia(1950),as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Tuesday, January 18, 2022, commencing at 7:OD p.m.,or as soon as the matter may be heard,in the Council Chamber,4th Floor,Room 450,Noel C. Taylor Municipal Building,215 Church Avenue,SW.,Roanoke,Virginia.24011. This public hearing may be conducted by electronic communication means due to the COVID-19 pandemic disaster. All persons wishing to address City Council must sign-up with the City Clerk's office by emailing clerk@roanokeva.gov or calling (540) 853-2s41 by 12:00 noon, on Tuesday, January 18,2022.Citizens who register will be provided information to present their testimony via electronic communications means should the public hearing be conducted by electronic communications means due to COVID-19 pandemic disaster. The full text of the Lease Agreement and ordinance is available on and after January 10,2022,from the Office of the City Clerk,4th Floor,Room 455,Noel C. Taylor Municipal Building,215 Church Avenue,S.W.,Roanoke,Virginia,24011. Should these offices be closed to the public due to the COVID-19 pandemic disaster, copies are available by contacting the City Clerk.by telephone, at (540) 853.2541, or by email at clerkOroanokeva.00v For further Information on the matter, you may contact the Office of the City Clerk at (540)853.2541. If you are a person with a disability who needs accommodations for this hearing,please contact the City Clerk's Office at(540)853.2541,before 12:00 noon on Thursday,January 13,2022. GIVEN under my hand this 10th day of January,2022. Cecelia F.McCoy City Clerk. (1295688) NOTICE OF PUBLIC HEARING The City of Roanoke ("City") proposes to lease two parcels of property that the City will acquire and own located at 1 Jefferson Street, S.W., Roanoke, Virginia, designated as Official Tax Map No. 1010507, containing approximately 0.1670 acres, more or less; and 7 Jefferson Street, S.W., Roanoke, Virginia, designated as Official Tax Map No. 1010508, containing approximately 0.1158 acres, more or less (the "Property"), to Rutherfoord Partners, LLC ("Lessee"), for a term of up to three years, commencing on January 31, 2022 ("Lease"). The provisions of the proposed Lease include the payment of rent by the Lessee to the City, and other consideration. Pursuant to Ordinance No. 41568-091619, adopted September 16, 2019, the City and Rutherfoord Partners, LLC ("Developer") entered into a First Reinstated Agreement for the Exchange of Real Estate dated September 17, 2019 (the "Agreement") under which Agreement the City agrees to sell to Developer property located at 29 Campbell Avenue S.W., and 30 Salem Avenue S.W., bearing Official Tax Map Nos. 1011105, 1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 1011118, 1011119, 1011120, 1011122, and 1011129, commonly known as "Campbell Court" currently owned by Greater Roanoke Transit Company(GRTC) and used as GRTC's transportation center, which the City intends to acquire from GRTC pursuant to a separate agreement between the City and GRTC. In exchange for the conveyance of Campbell Court, Developer would convey the Property, currently used as office space for an insurance company. The City and Lessee have negotiated the proposed Lease in order to provide for the current insurance company tenant to remain in the building. The City expects to acquire the Property, and enter into and execute the proposed Lease with the Lessee, concurrently. Pursuant to the requirements of Sections 15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Tuesday, January 18, 2022, commencing at 7:00 p.m., or as soon as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. This public hearing may be conducted by electronic communication means due to the COVID-19 pandemic disaster. All persons wishing to address City Council must sign-up with the City Clerk's Office by emailing clerk@roanokeva.gov or calling (540) 853-2541 by 12:00 noon, on Tuesday, January 18, 2022. Citizens who register will be provided information to present their testimony via electronic communications means should the public hearing be conducted by electronic communications means due to COVID-19 pandemic disaster. The full text of the Lease Agreement and ordinance is available on and after January 10, 2022, from the Office of the City Clerk, 4th Floor, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Should these offices be closed to the public due to the COVID-19 pandemic disaster, copies are available by contacting the City Clerk, by telephone, at (540) 853-2541, or by email at clerk&roanokeva.gov. For further information on the matter, you may contact the Office of the City Clerk at(540) 853-2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, January 13, 2022. GIVEN under my hand this 10th day of January, 2022. Cecelia F. McCoy City Clerk. Note to Publisher: Please publish in full once in the Legal Section of the Roanoke Times, on Monday, January 10, 2022. Please send affidavit of publication to: Please send bill to: Cecelia F. McCoy, City Clerk R. Brent Robertson, Assistant City Manager 4th Floor,Noel C. Taylor Municipal Building For Community Development 215 Church Avenue, S.W., Room 456 215 Church Avenue, S.W., Room 364 Roanoke, Virginia, 24011 Roanoke, Virginia, 24011