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HomeMy WebLinkAboutCouncil Actions 06-20-23 MOON REYNOLDS 42682-062023 City of Roanoke, Virginia CITY COUNCIL IMO June 20, 2023 2:00 PM ROANOKE 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. 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 deaf or hard of hearing. 1. CALL TO ORDER - ROLL CALL. Council Member Priddy was absent. The Invocation was delivered by the Reverend Jeff Wilson, Pastor, Southview United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. ANNOUNCEMENTS: 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A proclamation declaring Tuesday, June 20, 2023 as World Refugee Day. Mayor Lea read and presented the proclamation to Ashley Profitt, Refugee Resettlement Program Manager, Commonwealth Catholic Charities. A proclamation declaring the week of June 19 - 23, 2023 as Pollinator Week. Mayor Lea read and presented the proclamation to Leigh Ann Weitzenfeld, Sustainability Coordinator, City of Roanoke. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Mac McCadden, 2018 Carroll Avenue, N. W., appeared before the Council and spoke with regard to saving the Evans Spring property. Jane Gabrielle, 2018 Carroll Avenue, N. W., appeared before the Council and spoke with regard to saving the Evans Spring property. Barbara Duerk, 2607 Rosalind Avenue, S. W., appeared before the Council and spoke with regard to a relationship with Petersburg, Virginia and asked the Department of Economic Development to review how projects were addressed. Clinton Stoneking, 2516 Sweetbrier Avenue, S. W., appeared before the Council in opposition of the sale of Fishburn parkland. Vonda Wright, 2012 Melrose Avenue, N. W., appeared before the Council and spoke with regard to saving Eureka and Washington Parks. Freeda Cathcart, 2516 Sweetbrier Avenue, S. W., appeared before the Council and spoke with regard to the success of completing projects. Owen McGuire, 2514 Brambleton Avenue, S. W., appeared before the Council and spoke with regard to the importance of protecting parkland. 4. CONSENT AGENDA: APPROVED (6-0) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C-1. Minutes of the regular meeting of City Council held on Monday, May 1, 2023; recessed until Monday, May 8, 2023; and on Monday, May 15, 2023. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2. A communication from the City Manager requesting a Closed Meeting to discuss a prospective economic development project at the 30 Block of Church Avenue, S. W. where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Sections 2.2-3711 (A)(5), (A)(6), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-3. A communication from the City Manager, requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property located at 1 S. Jefferson Street, S. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-4. Reports of qualification of the following individuals: John Varney as a member of the Court Community Corrections Program Regional Community Justice Board for a three-year term of office, commencing July 1, 2023 and ending June 30, 2026; Gloria Manns as a member of the Personnel and Employment Practices Commission for a three-year term of office, commencing July 1, 2022 and ending June 30, 2025; Adam Puckett as a member of the Regional Virginia Alcohol Safety Action Program Policy Board for a three-year term of office, commencing July 1, 2023 and ending June 30, 2026; Shawn Nowlin as a member of the Roanoke Valley Cable Television Committee for a three-year term of office, commencing July 1, 2023 and June 30, 2026; Malcolm Quigley as a member of the Visit Virginia's Blue Ridge Board of Directors for a one-year term of office, commencing July 1, 2023 and ending June 30, 2024; Harvey Brookins as a Roanoke City Appointee of the Western Virginia Water Authority for a four-year term of office, commencing July 1, 2020 and ending June 30, 2024; Melanie Tate as a member of the Youth Services Citizen Board to replace Pamela Smith for a three-year term of office commencing July 1, 2023 and ending June 30, 2026; Christopher Link as a member of the Building and Fire Code Board of Appeals for a three-year term of office, commencing July 1. 2023 and ending June 30, 2026; and Jason Cromer as a member of the Roanoke Valley Juvenile Detention Center Commission to fill the unexpired term of office of Loren Fennell ending June 30, 2024. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: 1. CITY MANAGER: BRIEFINGS: Public Art Update - 15 minutes. FY23 Budget - May Monthly Budget Report - 15 minutes. ARPA Update - 30 minutes. Police Annual Report - 30 minutes. ITEMS RECOMMENDED FOR ACTION: A. Approval of Intergovernmental Agreement for operation of the Regional Center for Animal Care and Protection. Adopted Ordinance No. 42683-062023. (6-0) B. Amended Budget Ordinance to Appropriate Program Income for FY 23 HUD Funds. Adopted Budget Ordinance No. 42684-062023, as amended. (6-0) C. Acceptance and appropriation of FY 24 HUD Funds. Adopted Resolution No. 42685-062023 and Budget Ordinance No. 42686-062023. (5-0, Vice-Mayor Cobb abstained from the vote) D. Acquisition of Real Property Rights for Stormwater Drainage Improvement Project—Victoria Street, N. W. Adopted Ordinance No. 42687-062023. (6-0) E. Appropriation of additional funds from Fishburn Family Foundation Donation. Adopted Budget Ordinance No. 42688-062023. (6-0) F. Acceptance of a donation from the Roanoke Parks Foundation to be used to purchase a climbing tower for the Department of Parks and Recreation. Adopted Resolution No. 42689-062023. (6-0) G. Acceptance and appropriation of the National Recreation and Park Association Mentoring for Youth Impacted by Substance Misuse Grant. Adopted Resolution No. 42690-062023 and Budget Ordinance No. 42691-062023. (6-0) H. Amendment No. 2 for the Sale of Approximately 1.1 Acres and Improvements — Former Fishburn Park Caretaker's Cottage. Adopted Ordinance No. 42682-062023. (6-0) Action taken prior to Item 7.1.A. COMMENTS OF THE CITY MANAGER. NONE. 2. CITY ATTORNEY: NONE. 8. REPORTS OF COMMITTEES: 1. 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. 42692-062023. (6-0) 2. A report of certain Authorities, Boards, Committees and Commissions in which City Council serve as liaisons or appointees. NONE. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: 1. Inquiries and/or comments by the Mayor and Members of City Council. NONE. 2. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESSED - 6:09 P.M. THE COUNCIL MEETING WILL STAND IN RECESS; AND THEREAFTER RECONVENE AT 7:00 PM, IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. illrill". City of Roanoke, Virginia CITY COUNCIL IOW 7:00 PM ROANOKE City Council Chamber 215 Church Avenue, S.W. 13. CALL TO ORDER - ROLL CALL. Council Member Priddy was absent. Council Member White-Boyd left the meeting at 8:22 p.m. The Invocation was delivered by The Reverend Anthony Swann, Campus Pastor, The Vine Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. CERTIFICATION OF CLOSED MEETING. (5-0, Vice-Mayor Cobb abstained from the vote) BID OPENING: Bids Submitted for a Sixty Year Air Rights Lease for Installation of a Pedestrian Crosswalk Over South Jefferson Street, S. W. Received one bid from Carilion. The sole bid was referred to the City Manager for review and recommendation to the Council. 14. PRESENTATIONS AND ACKNOWLEDGEMENTS: Evans Spring Planning Process Update - 60 minutes. 15. PUBLIC HEARINGS: 1. Request of Ed Moore representing Walker Machine and Foundry Company, to vacate a portion of a 20 foot wide alley that extends southwest from Russell Avenue, S. W., along the eastern boundary of Official Tax Map No. 1420815 and along the western boundary of Official Tax Map Nos. 1420834, 1420833, 1420832, 1420831, 1420830, and 1420829, and extending west along the northern boundary of Official Tax Map No. 1420828, to terminate at a line perpendicular to the remaining alley extending from the northwest corner of Official Tax Map No. 1420828 to the southern corner of Official Tax Map No. 1420815. Adopted Ordinance No. 42693-062023. (5-0, Council Member Priddy was absent and Council Member White-Boyd was not present when the vote was recorded) 2. Tax Exemption Request on Real Property owned by PCC Land Company, LLC, also known as Presbyterian Community Center. Adopted Ordinance No. 42694, on first reading. (4-0, Council Member Volosin abstained from the vote, Council Member Priddy was absent and Council Member White-Boyd was not present when the vote was recorded) 3. Tax Exemption Request on Real Property owned by Local Environmental Agriculture Project (LEAP). Adopted Ordinance No. 42695-062023. (5-0, Council Member Priddy was absent and Council Member White-Boyd was not present when the vote was recorded) 4. Adjustments of FY 2022 - 2023 Revenue Estimates and Appropriation of Expenses. Adopted Budget Ordinance No. 42696-062023. (5-0, Council Member Priddy was absent and Council Member White-Boyd was not present when the vote was recorded) 5. Award of Submitted Bid for a Sixty Year Air Rights Lease for Installation of a Pedestrian Crosswalk Over South Jefferson Street, S. W. Adopted Ordinance No. 42697-062023. (5-0, Council Member Priddy was absent and Council Member White-Boyd was not present when the vote was recorded) 16. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. If deemed appropriate, matters will be referred to the City Manager for response, recommendation or report to the Council. Theresa Gill-Walker, 2807 Ordway Drive, N. W., appeared before the Council and spoke with regard to the proposed development and protection of the Evans Spring property. Gary Sandman, 214 Summit Way, S. W., appeared before the Council and spoke in support of the Roanoke Climate Action Plan. Kate Wooley, 3012 Ordway Drive, N. W., appeared before the Council and spoke on behalf of the Bus Riders Advocacy Group in support in Valley Metro. Darnell Wood, 102 Briarcliff Drive, Moneta, Virginia 24121, appeared before the Council and expressed the need for a drinking fountain in Washington Park. Richard Fife, 2515 Wycliffe Avenue, S. W., appeared before the Council and spoke in support of preserving the Evans Spring property. Debra Carter, 3038 Melrose Avenue, N. W., appeared before the Council and spoke in support of preserving the Evans Spring property. Brandy Campbell, 909 Peidmont Street, S. W., appeared before the Council and spoke about gun violence prevention. Rosemary Ann St. Jaques, 352 Allison Avenue, S. W., appeared before the Council and spoke in support of preserving the Evans Spring property. Freeda Cathcart, 2516 Sweetbrier Avenue, S. W., appeared before the Council and spoke in support of preserving the Evans Spring property. Bob Peckman, 8131 Webster Drive, Roanoke County, appeared before the Council and spoke in support of preserving the Evans Spring property and building a park like no other. Kristin Peckman, 8131 Webster Drive, Roanoke County, appeared before the Council and spoke in support of preserving the Evans Spring property and green space in Roanoke. ADJOURNED - 9:19 P.M. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 20, 2023 Subject: A communication from the City Manager requesting a Closed Meeting to discuss a prospective economic development project at the 30 Block of Church Avenue, S. W. where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Sections 2.2-3711 (A)(5), (A)(6), Code of Virginia (1950), as amended. The City Manager requests a Closed Meeting to discuss a prospective development project at the 30 Block of Church Avenue, S.W. where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Sections 2.2-3711 (A)(5), (A)(6), Code of Virginia (1950), as amended. Bob Cowell, City Manager Distribution: ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 20, 2023 Subject: A communication from the City Manager, requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property located at 1 S. Jefferson Street, S. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 2.2-3711 (A)(3), Code of Virginia (1950), as amended. The City Manager requests that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property located at 1 S Jefferson Street, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 2.2-3711 (A)(3), Code of Virginia (1950), as amended. Bob Cowell, City Manager Distribution: CITY OF ROANOKE .41P"lf OFFICE OF THE CITY CLERK �, ,-_,,.- 215 Church Avenue,S.W.,Room 456 .-4 Roanoke,Virginia 24011-1536 is 4 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerkCroanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk June 22, 2023 Krystal Hullette, Director Court and Community Services 1717 Peters Creek Road, N. W. Roanoke, Virginia 24017 Dear Ms. Hullette: This is to advise you that John P. Varney has qualified as a member of the Court Community Corrections Program Regional Community Criminal Justice Board for a three-year term of office, commencing July 1, 2023 and ending June 30, 2026. I Sincerely, eta Cf92e-di Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, John Varney, 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 Court Community Corrections Program Regional Community Justice Board for a three-year term of office, commencing July 1, 2023 and ending June 30, 2026; according to the best of my ability. (So help me God.) OH VAR Y The foregoing oath of office was taken, sworn to, and subscribed before me by John Varney this > / day of ! 4' 2023. Brenda S. Hamilton, Clerk of the Circuit Court By , Clerk CITY OF ROANOKE ..4.-ife, OFFICE OF THE CITY CLERK e _ tsr V , — 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24 36 Telephone: (540)853-2541-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerkCroanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk June 22, 2023 Angelia Vernon, Secretary Personnel and Employment Practices Commission Roanoke, Virginia Dear Ms. Vernon: 1 This is to advise you that Gloria P. Manns has qualified as a member of the Personnel and Employment Practices Commission for a three-year term of office, commencing July 1, 2022 and ending June 30, 2025. Sincerely, .e.ezi.t;k, ..47 cOudel Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Gloria Manns, 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 Personnel and Employment Practices Commission for a three-year term of office, commencing July 1, 2022 and ending June 30, 2025, according to the best of my ability. (So help me God.) GLORIA MANNS The foregoing oath of office was taken, sworn to, and subscribed before me by 2(9 Z3 Gloria Manns this 314 day of /0(,cy 2022.. Brenda S. Hamilton, Clerk of the Circuit Court By ��� �� ��/ , Clerk i„..., CITY OF ROANOKE -4.6, ___,,,„, OFFICE OF THE CITY CLERK , { . 215 Church Avenue,S.W.,Room 456 i, .117 y ,<--- Roanoke,Virginia 24011-1536 ,r Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerkgroanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk June 22, 2023 Krystal Hullette, Director Court and Community Services 1717 Peters Creek Road, N. W. Roanoke, Virginia 24017 Dear Ms. Hullette: This is to advise you that Adam Puckett has qualified as a member of the Regional Virginia Alcohol Safety Action Program Policy Board for a three-year term of office, commencing July 1, 2023 and ending June 30, 2026. Sincerely, 6,-1,--1;e. d-: e3024-di Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Adam Puckett, 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 Regional Virginia Alcohol Safety Action Program Policy Board for a three-year term of office, commencing July 1, 2023 and ending June 30, 2026; according to the best of my ability. (So help me God.) A AM PUCKETT The foregoing oath of office was taken, sworn to, and subscribed before me by Adam Puckett this 314 day of /4 `7 2023. Brenda S. Hamilton, Clerk of the Circuit Court By j/ 4,0"/7, Clerk t CITY OF ROANOKE ...411r1 iiitor" ., OFFICE OF THE CITY CLERK 1 it.; , . _' 215 Church Avenue,S.W.,Suite 456 . ;._. Roanoke,Virginia 24011-1536 t:4, Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA CMC Deputy City Clerk City Clerk lerk RUTH VISUETE PEREZ Assistant Deputy City Clerk June 22, 2023 Scott Ramsburg Cable Access Manager Roanoke Valley Regional Cable Television 541 Luck Avenue, S. W. Suite 145 Roanoke, Virginia 24016 Dear Mr. Ramsburg: 1 This is to advise you that Shawn Nowlin has qualified as a member of the Roanoke Valley Regional Cable Television Committee for a three-year term of office, commencing July 1, 2023 and ending June 30, 2026. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Shawn Nowlin, 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 Roanoke Valley Regional Cable Television Committee for a three-year term of office, commencing July 1, 2023 and ending June 30, 2026; according to the best of my ability. (So help me God.) SH N WLIN The foregoing oath of office was taken, sworn to, and subscribed before me by Shawn Nowlin this day of YVt 2023. Brenda S. Hamilton, Clerk of the Circuit Court gy , � , Clerk CITY OF ROANOKE -Ai►' : ' OFFICE OF THE CITY CLERK Y 215 Church Avenue,S.W.,Room 456 a{j 4a Roanoke,Virginia 24011-1536 t r (., 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 RUTH VISUETE PEREZ Assistant Deputy City Clerk June 22, 2023 Landon Howard President 101 Shenandoah Avenue, N. E. Roanoke, Virginia 24016 Dear Mr. Howard: This is to advise you that Malcolm Quigley has qualified as a member of the Visit Virginia's Blue Ridge, Board of Directors for a one-year term of office commencing July 1, 2023 and ending June 30, 2024. Sincerely, 6ttei-td ViZe- Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Malcolm Quigley, 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 Visit Virginia's Blue Ridge, Board of Directors for a one-year term of office, commencing July 1, 2023 and ending June 30, 2024; according to the best of my ability. (So help me God.) M J.19.0V0A UIGLEY The foregoing oath of office was taken, sworn to, and subscribed before me by Malcolm Quigley this 3+A day of 1 ah�'2023. Brenda S. Hamilton, Clerk of the Circuit Court By ,r/u , Clerk CITY OF ROANOKE -�►'! OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 " z - Roanoke,Virginia 24011-1536 „ ;c4 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 RUTH VISUETE PEREZ Assistant Deputy City Clerk June 22, 2023 Angie O'Brien Chief Strategy Office/Assistant City Manager Apprentice Roanoke, Virginia Dear Ms. O'Brien: This is to advise you that Melanie Tate has qualified as a member of the Youth Services Citizen Board to replace Pamela Smith for a three-year term of office commencing July 1, 2023 and ending June 30, 2026. Sincerely, t4026dal Cecelia F. McCoy, CMC City Clerk mmimmilmimmilmimimmommommommEmmommi Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Melanie Tate, 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 Services Citizen Board to replace Pamela Smith for a three-year term of office commencing July 1, 2023 and ending June 30, 2026; according to the best of my ability. (So help me God.) MELANIE ATE The foregoing oath of office was taken, sworn to, and subscribed before me by Melanie Tate this day of 2023. Brenda S. Hamilton, Clerk of the Circuit Court B 71ecily, Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 4;: Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerkCroanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk June 22, 2023 Gayle Shrewsbury, Secretary Western Virginia Water Authority Board 601 S Jefferson Street, #100 Roanoke, Virginia 24011 Dear Ms. Shrewsbury: This is to advise you that Harvey D. Brookins has qualified as a Roanoke City Appointee of the Western Virginia Water Authority Board for a four-year term of office, commencing July 1, 2020 ending June 30, 2024. Sincerely, 6„,„/„.,„ t,02e.di Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Harvey Brookins, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Roanoke City Appointee of the Western Virginia Water Authority for a four-year term of office, commencing July 1, 2020 and ending June 30, 2024, according to the best of my ability. (So help me God.) /1/C•HARVE/Y�/BR/OcOKINS The foregoing oath of office was taken, sworn to, and subscribed before me by Harvey Brookins, this /y-A day of .6fA 2 2023. Brenda S. Hamilton, Clerk of the Circuit Court By erk dr CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 c:1 ! Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerkCroanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk June 22, 2023 Tina Carr, Secretary Building and Fire Code Board of Appeals Roanoke, Virginia Dear Ms. Carr: This is to advise you that Christopher Link has qualified as a member of the Building and Fire Code Board of Appeals for a three-year term of office, commencing July 1, 2023 and ending June 30, 2026. Sincerely, Cecelia F. McCoy, CMC City Clerk mimmmimiimmimimmimmlimmommimmommiommi Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Christopher Link, 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 Building and Fire Code Board of Appeals for a three-year term of office, commencing July 1, 2023 and ending June 30, 2026; according to the best of my ability. (So help me God.) H ' ST• PHER LINK The foregoing oath of office was taken, sworn to, and subscribed before me by Christopher Link this 1 day of ZV-- 2023. Brenda S. Hamilton, Clerk of the Circuit Court By 6 D Clerk I ! -. . CITY OF ROANOKE -�'(9_74 OFFICE OF THE CITY CLERK + �6, + " 215 Church Avenue,S.W.,Room 456 I•' i - -' Roanoke,Virginia 24011-1536 1 c•4• 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 RUTH VISUETE PEREZ Assistant Deputy City Clerk June 22, 2023 Bryan Henry Superintendent 498 Coyner Springs Road Roanoke, Virginia 24012 Dear Mr. Henry: This is to advise you that Jason Cromer has qualified as a member of the Roanoke Valley I Juvenile Detention Center Commission to fill the unexpired term of office of Loren Fennell ending June 30, 2024. Sincerely, ete_s-t;ed -i-: C/ Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Jason Cromer, 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 Roanoke Valley Juvenile Detention Center Commission to fill the unexpired term of office of Loren Fennell ending June 30, 2024, according to the best of my ability. (So help me God.) SON ROMER The foregoing oath of office was taken, sworn to, and subscribed before me by Jason Cromer this® day of \ b 2023. Brenda S. Hamilton, Clerk of the Circuit Court By 0j/liA 0, .%Y , Clerk N PZi , CoNt k, �_ Cnig—'71 (:::::) \ � R_ if i CO ....t• i r _,.. _._ > C.:1)D 11 11 ..., ' \ s \ .4-,-', '7,-, i -44 till "Z ii. ill .n. 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' >. • ... I 1 s - \ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June 2023. No. 42682-062023. AN ORDINANCE authorizing the City Manager to execute Amendment No. 2 to the Contract for Purchase and Sale of Real Property identified as a portion of 2424 Brambleton Avenue, S.W., bearing Official Tax Map No. 1470301, dated December 20, 2022, between the City of Roanoke, Virginia, (City), and Keri and Justin vanBlaricom, (Buyers). WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 42519-121922, adopted on December 19, 2022, in which Council approved the terms of the Contract between the City and Buyers; WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 42601-030623, adopted on March 6, 2023, in which Council approved Amendment No. 1 which extended the Closing Date to June 30, 2023; WHEREAS, the parties have reached agreement to certain terms and conditions regarding a right of first refusal and a new development plan for the Property that will have a smaller portion of the Property used for the maintenance and operation of the Contemplative Use,while preserving approximately .5 acres of the Property to be used as greenspace with fewer parking spaces; WHEREAS, parties have requested another extension of the Closing Date to September 30, 2023, as defined in the Contract,to complete the conditions prior to Closing, such as rezoning, the establishment of easements and preparing a new subdivision plat; and WHEREAS, Buyer and Seller desire to amend the Contract to address these matters in accordance with the terms of Amendment No. 2. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of Amendment No. 2 to the Contract as set forth in the City Council Agenda Report dated June 20, 2023, which Amendment No. 2 amends the Contract approved by City Council by Ordinance No. 42519-121922, adopted on December 19, 2022, and Amendment No. 1 approved by City Council by Ordinance No. 42601-030623, adopted on March 6, 2023. 2. The City Manager or his designee is hereby authorized on behalf of the City to execute Amendment No. 2 to the Contract, to amend certain terms of the Contract to extend the closing date to no later than September 30, 2023, as set forth in the aforementioned City Council Agenda Report. Amendment No. 2 to the Agreement is to be substantially similar to the Amendment No. 2 attached to the Agenda Report. 3. The City Manager or his designee 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 pursuant to the Contract and Amendment No. 2. 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. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 20, 2023 Subject: Amendment No. 2 for the Sale of Approximately 1.1 Acres and Improvements — Former Fishburn Park Caretaker's Cottage. Background: The City of Roanoke has a contract to sell approximately 1.1 acres of land which includes the former Fishburn Park Caretaker's Cottage located at 2424 Brambleton Ave., S.W. (Property), the Property being a portion of Tax Map Number 1470301, to Keri and Justin vanBlaricom ("Buyer"). The Buyer proposes to pay $10.00 and will be required to invest a minimum of $150,000.00 in construction, and restoration of the property. It is anticipated that only 0.6 acres of the property will be used for operation as a Coffee House Café. Restoration of the Property will also include three to seven parking spaces, including one for disabled patrons. Approximately 0.5 acres will be maintained as green space with only those uses allowed under the Recreation Open Space District (ROS) to be allowed and the green space will be placed along Brambleton Avenue. City Council conducted a public hearing on November 21, 2022 to consider the proposed transaction. Following receiving comments from the public, the Council approved the sale. City Council approved Amendment No. 1 to the contract on March 6, 2023, which extended the contract until June 30, 2023 so that the Buyer could complete the rezoning process and close on the property. However, in an effort to better address concerns raised by the public and City Council, additional amendments to the contract are warranted. The City and Buyer need additional time in order to complete the rezoning process to address the concerns raised by Council and delay the proposed closing date to September 29, 2023. Recommended Action: Adopt the attached ordinance authorizing the City Manager to execute an Amendment No. 2 to the Agreement between the City of Roanoke and Keri and Justin vanBlairicom, (Buyer), substantially similar to the Amendment No. 2 attached to this Report, with an extended closing date of September 29, 2023, and make such other amendments to the Agreement that are set forth in the proposed Amendment No. 2. All documents are subject to approval as to form by the City Attorney. Bob Cowell, City Manager Distribution: Council Appointed Officers W. Brent Robertson, Assistant City Manager/Director of Finance Angela O'Brien, Assistant City Manager Amelia C. Merchant, Deputy Director of Finance Marc Nelson, Director, Economic Development Cassandra L. Turner, Economic Development Specialist AMENDMENT NO. 2 CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY DATED DECEMBER 20, 2022, BETWEEN CITY OF ROANOKE,VIRGINIA AND KERI AND JUSTIN VANBLARICOM This Amendment No. 2, to the Contract for Purchase and Sale of Real Property dated December 20, 2022, between the City of Roanoke, Virginia, a Virginia municipal corporation ("Seller"or"City"), and Ken and Justin vanBlaricom, individuals ("Buyer"), is made this day of June, 2023, by and between Seller and Buyer. RECITALS: A. Seller and Buyer entered into a Contract for Purchase and Sale of Real Property dated December 20, 2022 ("Contract") under which Contract Seller agreed to sell, and Buyer agreed to purchase, the Property as defined therein. B. Seller and Buyer entered into Amendment No. 1 to the Contract dated March 7, 2023, to extend the Closing Date to June 30, 3023. C. Under the terms of the Contract, the Closing Date was to occur transaction no sooner than thirty (30) days but no later than ninety (90) days after satisfaction of all conditions set forth in Section 3, and no later than 90 days after the execution of the Contract. D. Buyer has requested an additional extension of the Closing Date, as defined in the Contract, to complete the conditions prior to Closing,such as rezoning and preparing a subdivision plat, as well as other changes to the Contract terms. E. Buyer and Seller desire to amend the Contract to address these matters in accordance with the terms of this Amendment No. 2. NOW, THEREFORE, based upon the mutual covenants and agreements set forth in the Recitals which are incorporated as a part of this Amendment No.2,and for other good and valuable consideration,the sufficiency of which the parties acknowledge,Seller and Buyer agree as follows: 1. Amendments to Contract. Seller and Buyer hereby amend Sections 1, 3.A.5.b, 4, and 11 of the Contract as follows: SECTION 1. DEFINITIONS. *** Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, this Contract,the Restricted Covenant,the First Right of Refusal,and as set forth in the Title Commitment. The Deed shall also be subject to all obligations of Buyer under the terms of this Contract. The Deed shall also include a grant of the Easements. *** First Right of Refusal: The City shall have a first right of refusal to purchase the Property from the Buyer if the Buyer sells the property after the Closing Date. This First Right of Refusal will be incorporated into the Special Warranty Deed. If the Buyer has a bonafide offer from a third party to purchase the Property,the City will have the right, at its sole option, to purchase the Property from Buyer at the same price as that bonafide offer. The City must exercise its First Right of Refusal rights within thirty(30)days of receiving notice from the Buyer that they have a bonafide offer to purchase the Property from a third party. If the City exercises its First Right of Refusal rights within the thirty(30)days,the City must close its purchase of the property within sixty(60) days of exercising its rights. SECTION 3. CONDITIONS PRIOR TO CLOSING. *** 5. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, and following the (1) expiration of the Inspection Period pursuant to Section 17; and (2) City Council releasing Seller's right to maintain and operate Fishburn Park at the Property pursuant to Section 3.A.3: *** b. Buyer shall apply for and receive approval from the City of Roanoke for rezoning the Property to Mixed Use Planned Unit Development District (MXPUD). It is anticipated that 0.6 acres of the property will be used for the maintenance and operation of the Contemplative Use. Approximately 0.5 acres will be maintained as open space with only those uses allowed under the ROS Recreation and Open Space District allowed on the 0.5 acre portion of the Property. It is anticipated that a portion of the 0.5 acre of open space will be placed along Brambleton Avenue. Buyer also contemplates that it will limit parking set forth in the proposed MXPUD plan to five(5)total spaces with one (1) space reserved for disabled individuals to park. The City's Zoning Administrator has opined that such an application is substantially different from the previous application filed by the Buyer and thus constitutes a new rezoning application. The City agrees to waive any fees or cost associated with this new rezoning application. The City agrees to promptly execute any forms and applications related thereto that Buyer reasonably requests, provided,however, that the burden of obtaining such approval shall be borne by Buyer. The City shall cooperate with Buyer in pursuing the foregoing approval. Buyer shall be responsible for payment of all application, filing, and related fees to the City of Roanoke for rezoning of the Property. SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS. *** 10. Buyer agrees that during and subsequent to the development of the Property and the Building, Buyer shall NOT: a. Construct more than one(1) accessory structure, as defined by the City of Roanoke's Zoning Ordinance as contained in Chapter 36.2 of the Roanoke City Code, on the Property; which accessory structure shall architecturally compliment the Building design; b. Make any curb cuts on Brambleton Avenue, S.W.; and c. Use Fishburn Park public access in order to access the Property,whether access is by Buyer, its contractors, guests, or invitees, except as provided in the Easement for egress and ingress. SECTION 11. TITLE AND CLOSING. A. Title to the Property and Easements shall be conveyed by Seller to Buyer by Deed subject to the following: *** 11. The First Right of Refusal. *** C. Buyer and Seller shall consummate and complete the Closing of this transaction no later than September 30, 2023. Buyer shall designate the specific date on which the Closing shall occur within such period set forth above at least thirty (30) business days prior to the Closing Date. Under no circumstance shall the Closing occur later than September 30, 2023, unless Seller grants further extension periods. 2. Entire Agreement. The Contract, as amended by this Amendment No. 2, constitutes the entire agreement between the parties. The Contract, as amended by Amendment No. 2, remains in full force and effect. (The remainder of this page is intentionally left blank.) IN WITNESS WHEREOF, Buyer and Seller have executed this Amendment No. 2 by their authorized representatives effective as of the date first above written. WITNESS: CITY OF ROANOKE, VIRGINIA 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 June, 2023, by Robert S. Cowell, Jr., City Manager for the City of Roanoke, Virginia, a Virginia Municipal Corporation, for and on behalf of said municipal corporation. My commission expires: Notary Public Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney Authorized by Ordinance No. By Keri vanBlaricom By_ Justin vanBlaricom COMMONWEALTH OF VIRGINIA To-Wit: CITY OF The foregoing instrument was acknowledged before me this day of June, 2023, by Keri vanBlaricom. My commission expires: Notary Public SEAL COMMONWEALTH OF VIRGINIA To-Wit: CITY OF The foregoing instrument was acknowledged before me this day of June, 2023, by Justin vanBlaricom. My commission expires: Notary Public SEAL Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday,June 20, 2023 8:36 AM To: Cecelia Webb Subject: FW: [EXTERNAL] To: Mayor and members of City Council From: Duane Howard <starcityflyer@aol.com> Sent: Monday,June 19, 2023 1:30 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] To: Mayor and members of City Council CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. I beg and implore you to read the opinion page in today's Roanoke Times, "Wildfire fallout", before you come to City Council on Tuesday...You OWE it to mankind and our city to do so. I was able to cut out an astounding 7 different articles in this paper that had connecting ties to the future of our planet. Again this morning I looked out over my amazing view from my rear deck. I probable have one of the most rare views and property in S.E., an unobstructed view overlooking the entire valley to the Western Mountains. The Roanoke River at the back of my property and looking up to the West at the Mill Mtn. Star. But sadly for the umpteenth day I look from my rear deck and cannot see the Western Mountains ! I step out to water a tomato plant on my rear deck or step out to get the paper in the morning, I come in with a tickle in my throat, nose starts running and a bout of sneezing. I'll turn on the NC though not really needed to help I hope for better air and In no time my symptoms go away. I've not gone out in over a week for any outdoor activities other than the grocery store. The world and Roanoke is at the breaking point. Just consider the heat locked Valley View Mall area, then consider the heat furnace of the Airport and all the emissions that come from aircraft. The above article talking about all the natural disasters we face, yet I've not heard anyone talk about a major power outage that now would prevent eventually all the electric cars becoming inoperable As I said with Fishburn Park and my dedication over the decades fighting for green space, fighting to get Smith Park Closed to traffic, least we got the one way plan there now. And on that note with Smith Park being closed again for Bridge replacement now is the time to prevent traffic ever again through the park with its closure for the Bridge Replacement. Just as you made the correct decision with Fishburn Park, again you have the moral responsibility to save the green space and all the trees in Evan Springs. You need to pause, stop and think We were just voted one of the top 10 places in the U.S. for livability. Will we be in decades ahead? Respectfully, 1 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday,June 20, 2023 8:36 AM To: Cecelia Webb Subject: FW: [EXTERNAL] To Mayor and Members of City Council From: Duane Howard <starcityflyer@aol.com> Sent: Friday,June 16, 2023 3:20 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL]To Mayor and Members of City Council CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear Mayor and members of City Council, Here is, what I think is one of the most profound reasoning to yet oppose the extending the contract with the vanBlaricoms. We are poisoning the air we breath faster than any proposal or plans to save this earth. Given all the known problems of air pollution we now have the severe, life threatening particles in the smoke from fires. We've had that danger from California for years now and now look at the devastating impact it has made on the entire northeast of our country. This argument is not only for Roanoke but the entire world. We need to think about preserving every foot of green space and trees that is humanly possible. Start now with simply saying NO to any type of development in Fishburn Park. We don't need to bring more car emissions into the Park. If some type of private or public proposal cannot be achieved for saving the cottage, then consider just tearing it down for added green space for the public to have and enjoy. In my almost 30 yrs of seeing businesses come and go, such a small coffee shop could never sustain itself. For the life of me I can't understand this couples so bent of such a small venture that most intellectual people believe it will fail. Roanoke was just listed as one of the top 10 cities in the country to live. Consider doing the right thing for the future of our city in not only keeping Fishburn Park as green as possible but the same for all our most valuable park land. E. Duane Howard President Emeritus of the Southeast Action Forum 1 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, June 20, 2023 8:37 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Legal concerns about amendment on Fishburn Park sale From: Freeda Cathcart<contactfreeda@gmail.com> Sent: Monday,June 19, 2023 5:35 PM To: Mayor<mayor@roanokeva.gov>; Sherman Lea <sherman.lea@roanokeva.gov>;Joseph L. Cobb <joseph.cobb@roanokeva.gov>; stepanie.moon@roanokeva.gov;Trish White-Boyd<trish.white-boyd@roanokeva.gov>; Vivian Sanchez-Jones<vivian.sanchez-jones@roanokeva.gov>; Peter Volosin<peter.volosin@roanokeva.gov>; Luke Priddy<luke.priddy@roanokeva.gov>; Melvin Hill <mhilllaw@aol.com>; City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Legal concerns about amendment on Fishburn Park sale CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear Mayor Lea, Vice-Mayor Cobb, Council member White-Boyd, Council member Sanchez-Jones, Council member Volosin, Council member Moon-Reynolds and Council member Priddy, The amendment is potentially worse than the original contract and the council should vote no on the amendment. Unfortunately, I haven't been able to speak with the legal representative that I have hired to protect my interest in the future of the Fishburn Cottage. Melvin Hill may be unavailable due to the holiday weekend to represent me this Tuesday. If the city had participated in the community engagement specified in the 2040 city comprehensive plan, then I would have had time to have identified and addressed my concerns with legal representation. I do have several friends who are retired lawyers and my own experience with insurance contractual law. I hope the following information is helpful. Please contact me if you have any questions 540- 598-7231. Can the closing happen without rezoning? According to the letter from Melvin Hill the original contract clearly states that the closing is dependent on the approval of rezoning. There is nothing in the amendment to give the Buyers the right to close without the rezoning. First Right of Refusal The First Right of Refusal clause in the amendment seems to be a distraction from the fact that the city is already giving away approximately 1.1 acres and the house for $10 and the time allowance in it isn't reasonable for a city government to be able to successfully respond. There is a concern that the addition of the First Right of Refusal clause in the amendment compromises the protections in the original contract's damage clauses (Section 4 Buyers and Seller obligation 4b, 6 & 8) to require a $83,000 penalty if the Buyer sells the property in less than four years. i The beginning of the First Right of Refusal clause presents a direct conflict with the substance of the original contract: "The City shall have the right of refusal to purchase the Property from the Buyer if the Buyer sells the property after the Closing Date." The word sells would indicate that the property has already been sold before the city would have the ability to exercise their first right of refusal. If there is an incongruence between a contract and an amendment, the later amendment will control over any contradictory clauses in the original contract. All the best, Freeda Cathcart, FLMI (she/her) 540-598-7231 2 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, June 20, 2023 8:38 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Petitions urging council to vote NO on Amendment to extend Fishburn Park contract Attachments: Petitons General.pdf; Petions Neighborhood.pdf From: owen mcguire<owenmcg123@yahoo.com> Sent: Monday,June 19, 2023 8:37 PM To: Mayor<mayor@roanokeva.gov>; Sherman Lea<sherman.lea@roanokeva.gov>;Joseph L. Cobb <joseph.cobb@roanokeva.gov>; stepanie.moon@roanokeva.gov;Trish White-Boyd<trish.white-boyd@roanokeva.gov>; Vivian Sanchez-Jones<vivian.sanchez-jones@roanokeva.gov>; Peter Volosin<peter.volosin@roanokeva.gov>; Luke Priddy<luke.priddy@roanokeva.gov>; Melvin Hill <mhilllaw@aol.com>;City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Petitions urging council to vote NO on Amendment to extend Fishburn Park contract CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear Mayor and members of city council, Please find the attached new paper petition (attached) that says the following: "We urge the Roanoke City Council to vote NO on extending the contract to sell an acre of public parkland for$10 to be used for equity for a private business." Signed by a total of 190 people in 36 hours. Some names you may recognize: Mark Lazar, Stephen Niamke,Jimmy Cook, Reverend Amy Hodge, Pastor Dwight O. Steele, Brenda Hale, Richard Chubb, and other many concerned civic citizens. It was signed by 157 people in the city(17 in our neighborhood who live near the park)and 33 outside of the city.This petition is in addition to the original paper petition signed by over a thousand people objecting to the sale of 1.1 acres of parkland for$10. Once again the city or the vanBlaricoms didn't reach out to our neighborhood association or to the neighbors who live near the park to discuss the possibility of amending the contract.The announcement that you would be voting this Tuesday was right before a holiday weekend combined with Father's Day, so we had little time to collect signatures. The amendment still doesn't address many of the concerns our neighbors have expressed in regards to public safety, increase of noise, the environmental concerns, impact on wildlife,the loss of the public's right to access the open usable green space and the exemption from the city comprehensive plan. Sincerely, Owen McGuire President Grandin Court Neighborhood Association 1 We urge the Roanoke City Council to vote NO on extending the contract to sell an acre of public parkland for$10 to be used for equity for a private business. Name Signature Date Do you live in Roanoke City? cFtry Wit..,.\\;kk .< c 7 Z} y 1 / / / �y/1P3_ A., 1dILr.{ L e)i Jr ' & .17_ j, a 0fAva ‘6" . li jJ "2'..'0zt t IG or i V 'LI 4 to. T�.off, _p, (tltc ti -(7s , / F v 2 E: � t,' I7' 23 y 4,-,,y „Co D/� ". l n,,,trk 4-t? -23 "r“", 5 J tt7s(C UC' C-�1723 ?SA' h4 DC4 0e 2W( -VZ5 X khk .t7khlt n e() ( t �. loth � LC41,_::::-,....1_ ), if/ 10 ( (. ( . ) '1(L 1 (- ' C /fi, Kev,n ;.\ f b y/ 7 ye-,_ 'I, - - / f 0 7 ,, L -63,4111/W V/ 7 Y i �litti .//0, f/ear lr 1i�. "/ C..)1 G �,u-�2� �n �: IA. f.Alton 6 J 4 Ks '- = -- �/ 46,.,,,: N6 ` , , 10/171 3i,,,e_ 411•444e1 A. t g.;,+,...e 17 ,�, 6 5/9_3 n(, „VI,n-'bru. ackrki---1- ,,,...ct.,_ _ ,7.1_, )6eL --1/1/ ...,:,--- k_, e.----, y12' N 7 We urge the Roanoke City Council to vote NO on extending the contract to sell an acre of public parkland for$10 to be used for equity for a private business. a e Si.n, ture Date Do you live in Roanoke City? fnt 7f- t I 4 •415-sw 6/71,,, ,. 7, ,,, 11tJ . ,, P-5- '`` nire -'' tee - 1� '� /9 ( . 4-6' c,,-6 , A' 2- 4 f . 4 1 lel 61iL q3 O • - — a."yly) ' -r d4,- n ik. -F), ,,,,--d at-ii 40 /i z3 iv-) ' Li.,,, cp„id,-..„, , 1071, #• n.L.V-'4,11 12,3 je.-__5. 4 . v- . ,... z 11".674, 1 . 0-4--) k.,111711t-- -t- -( 3 A , r , ,_„,,,_ f �l�(�/` ,, C�(rn4, i ?- L_ov4 U-' Cc-LG( � (.Q_ j Z WC rz: qi --)* c,..., y., , . vick„ c., N, M ill ______ .� 7 z �s Y � ( , ,� e�1 � � r �, r� ��(L'c� � 17Lz tS Lt )r :,C 5( fccb ' ,i9 p1t e. g' 2i - . if `' Lam/ 7 12. / s't- 5 6 li -t-t- 71-73 �,`�' _,4- /. ,.9.,----t-n . 2,\,4-Lsz Yt-'? 1 I/It�1 I 11./ C C 1 Is,"l J l k ISc''7 k*,,c),.. ila_--- a ) 141 Zc �I i f W `N 0 3 -)La....11 ,k. ,, C-1,1 01c)-L. 14S f /� f et / : > y n ti & w If ' z a//?? Nc-;} \I 2,Y ,V We urge the Roanoke City Council to vote NO on extending the contract to sell an acre of public parkland for$10 to be used for equity for a private business. Name Signature Date Do you live in Roanoke City? --tic-t( t_ L J oh ,71 A if,k__ n4 Coil -7 Yc-s t7h ihn L 0✓, . 1a eJi. (�/s7 ��C3 Ct 'tom / T CS (41 v •Cir INC _\ 6 , _ 6,) 1(\ 1...- Lictic j-0 C 1---C-Ow'fr /-7 f "4-tr 112 'j �:-y Co/t 7 t R ' ,t-� ,t(, /�r.-•• L/17 C A 7 -' —7�� * j(ill y '6ttt +firiHaAilce,v... " -. - - J / / ed"." ` 1-i 4t,z . ,tom: C� �tif i i`/!? / );/ ill (1''' o Se ,:' j <.l'7 (2�— {p ! o _ /..:0k, 4-.<r•egiPtirdr.ii. , it) 71 : /// / ilt7 11;47:41. resiiiraemoilii- wow. ,- (.. vi-7"-'''Af., <I'• l 4,. 4( S,Orr Z. (....:(“A �vn :-i �4 li t' C";/+1 j .> >i e.,, '4.c lni G e i e n 1-s A,G►)c,, �!' u = 6—t 7- . 3 -4,Ca� t , • 11... O - Jo Gk .,..A.0.44,4,„ _ .. - -2� tr. + l �� i"+ YAM/ . "/ , „.... -Tr .......... i Vir r.` J re' t 9\\ 3 r.\;, _) \I 2'f g \el We urge the Roanoke City Council to vote NO on extending the contract to sell an acre of public parkland for$10 to be used for equity for a private business. .Nam? Si nature Date Do you live in Roanoke City? r -,--7-4-1.r 6/2 (11-,>=52- �CLctrlu. c:- c. ' ' C-1• gut cam. .. 7 Z � \ c � ION-, R 3 � c�S `),e I v c ` �� $ ,it_ �(� 4r 1.441l� 6�l>/ yci' il��a 0,.0 c Li U.v\ct :r i t 6 // 7/23 IV(�i 70kli& r? , r7 i /.):10.6 . LY/ ? / V C 1.4e,,,c i3.Ld 1. 'it- B, � /4. // /Lies t / vt fr ,3 / 'C Cc_kA' tf(7 Ler/ 0 6- (,r, ps LA,\ (,',. //7 (ell LCr � L 1 (fir) }'C- 5 11 k)OO —iVa,iflt CL_AI --—- (0" i 7 ,2,,L, 4� fie. ,u`° ' (.2-/ ,799'11 , , ,1-7 44,f.-4'`l 1 ,- C(,_ "- .tom- tr/i/i!7 :is)'eWL 71 � - f-5 '_ ' r) L tLii.1(l. �21--h X) l[k? 1 t (( ffj {j//�(� !�V ; 1 AA 0 3 N eL V i t 2V.(,„':w,fi( .\0.41-e- W i l T y iii ar•-.-C-A- tt,---- ‘it,4, . `it,.$ N�y 5./n: 7 )46-- '. ,/-� - (kI iE frii.h,d_ i-ocry..ailip / .e../."7‘.6c/n ___ ev/,) it•r. 1 c ; ; 1 7 / G �,r We urge the Roanoke City Council to vote NO on extending the contract to sell an acre of public parkland for$10 to be used for equity for a private business. 01 Name Signa re i Date Do you 've in Roanoke City? 6 D ul 11 6 , ')-..---,)k . 4-1 -.4 '-' ,/(,.> ..,11. I �I. VA- t Nnr e 9 yIti � +z,r , ►, 6- it )3 ( j 6-2'"a? C. nh,,no, ; _ tc)v-x ' ,_%....)5 1)7)4t/i71/111)1)"1211171811) LD - a-23 les \/ L-4-.-.0.,.. ,Qf,4 Esc:.. f - --- 11 t , ; i;47 :,-1*9 23.!, a :Jo ,, >�:- , -) , 1 .fit. , „ ,S--z ; c � '`- ,: 't1.1 Lc`-C A-i G:/t.i) J _ 1 .1. <:`"t l... L _ ilk r,LA l't AL , tl. 'i wa Jesa(c, a. b\ 42,N- ; y E'c JCS, 1 c1: (,_) ' ' - (op o i Y'e S-t- COS ,4 , 1 We urge the Roanoke City Council to vote NO on extending the contract to sell an acre of public parkland for$10 to be used for equity for a private business. Name 624,..,,,, - ,,,,,SignatureDate Do you live in Roanoke City? „.„,-„,,- i ,,,„,., ,...,, ti1,0,0-17:1 L e�!./ 42% ( ) 6/19/023 S) 11to)6i. 6_R,- -- �7 ,tad ---/ yes d- 1 A j-tt-t. - 4 /V 7137114, ZY 7;j7, X . 7...j "1-44-s") CUI-A--412-- `1-44'1--1 t •sL"4-4-j-) ‘ /PA f/t'.42-tt4 ) ..4. 'Ai"I'Llc-?--- /1)4 1<< - w"1 K. 4-X.,-ditki (014/23 ye, '&i.f.-- ...e5C-4—/ N- - 4( - Ai/--I 4'if 12-- ;6 el f :( v 01,6r,,),()&-__5(1 - e'13 /jc� ir(c4 sit s6 -'8 2? e `` iP, I / 2Iij4 4,1(;-e A. r) A/Ala ,f ely = i .91-1,A L., ,----C, We urge the Roanoke City Council to vote NO on extending the contract to sell an acre of public parkland for$10 to be used for equity for a private business. Name Signature Date Street&*for 2 blocks toicy park Vk-oectiiix‘ , .r.t. t 1 t Jo_51‘v4 L 1-. r� . ._ � - L 1 is 123 _5,,�<e1-t'r ter Avc44r n 1=46, ,� / 4 , 61 )47 3 /3 7/? y tovl CAV-t r'C(4 I,Ov1 ti t4 scID. t4Sc‘11/4Q, 1\ki, rJ clmoo 6fi� 23 LE-rb,k; gut J��k tU C)0v-\1 t9 1$ - 1A`o\OL*N u`c-)‘• \ i 3 fbp ier- dig&?_.`tv) C.S '1 I Lu4 % a a , ire. i2gr c (514 • t („(,trl)-) i30r0.,46;40 ti Veld 4 ffe.) � � - 4 > ate/ 5 tt4.1;)- i r s . We urge the Roanoke City Council to vote NO on extending the contract to sell an acre of public parkland for$10 to be used for equity for a private business. Na e I g tur Dat ff or 2blocks to pafrk\ ( 2 + 1,i5Str7tc817* V f, C?`r ` cam rE ‘ ' /......ka4 C`C0\t Li/t .-� 6, �(9' 1 5 L]G� \ Q\lin c ir'i n I1c:�r i-t t/�1%%ti LII C� i,1. ruo, a ,tiiLuz, (p k L� Z S CI. L- c+%), i(= F,t-.( ..-y.) S Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday,June 20, 2023 8:40 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please vote NO to extend contract with vanBlaricoms From:Stoneking, Clinton <clinton.stoneking@fnf.com> Sent: Monday,June 19, 2023 10:33 PM To: Mayor<mayor@roanokeva.gov>; Sherman Lea <sherman.lea@roanokeva.gov>;Joseph L. Cobb <joseph.cobb@roanokeva.gov>; stepanie.moon@roanokeva.gov;Trish White-Boyd<trish.white-boyd@roanokeva.gov>; Vivian Sanchez-Jones<vivian.sanchez-jones@roanokeva.gov>; Peter Volosin <peter.volosin@roanokeva.gov>; Luke Priddy<luke.priddy@roanokeva.gov>; City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please vote NO to extend contract with vanBlaricoms CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. This message was sent securely using Zixx Dear Mayor and Council Members, I live one house from the park. The amendment says they will only rezone around 0.6 acres and leave the remaining 1.1 acres ROS recreation open space. But the public will still lose the right to access the land and it will be exempted from the 2040 comprehensive plan. The vanBlaricoms had promised that the public would still be able to use the land but their insurance policy might require them to do otherwise. Also once the public's right to access the land is vacated then it is unlikely to be returned. Property often changes owners and new owners would have the right to prevent the public from using the land. The First Right of Refusal clause is a red herring. The city is willing to give away valuable parkland and a house for$10. It's extremely doubtful that the city would seriously consider buying the property especially in such a short time period. Sincerely, Clinton Stoneking 2516 Sweetbrier Ave SW Roanoke NOTICE: The information contained in this message is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to: (i) delete the message and all copies; (ii) do not disclose, distribute or use the message in any manner; and (iii) notify the sender immediately. This message was secured by Zix®. 2 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, June 20, 2023 8:43 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Conflict resolution has been initiated to help neighborhood Attachments: Mediation Emails 6.19.23.pdf From: Grandin Court NA<grandincourtinfo@gmail.com> Sent: Monday,June 19, 2023 11:20 PM To: Mayor<mayor@roanokeva.gov>; Sherman Lea <sherman.lea@roanokeva.gov>; City Clerk <City.Clerk@roanokeva.gov>;Joseph L. Cobb<joseph.cobb@roanokeva.gov>; Luke Priddy <luke.priddy@roanokeva.gov>; Peter Volosin <peter.volosin@roanokeva.gov>; Stephanie Moon <stephanie.moon@roanokeva.gov>; Trish White-Boyd<trish.white-boyd@roanokeva.gov>; Vivian Sanchez-Jones <vivian.sanchez-jones@roanokeva.gov> Subject: [EXTERNAL] Conflict resolution has been initiated to help neighborhood CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear Mayor and members of council, This is to inform you that we requested help from the Roanoke Neighborhood Advocates on June 2. The Chair of RNA and I spoke on June 5 when I requested someone trained in conflict resolution or mediation to help us. The RNA has instructed us not to contact Kenny Marn, the person who gave us the letter calling for a vote to remove the neighborhood leadership. He attended one neighborhood meeting five years ago until he came to our May meeting late when he tried to interrupt our meeting. His letter contained misinformation. Since that meeting he has sent seven emails asking if the vote will be on the agenda which we haven't responded to as instructed. Here's the link to some of the emails between the RNA and us. We have been informed that a mediator has been found and we are looking forward to hearing from the mediator soon for next steps. We hope that if Kenny participates that we can healthfully resolve the matter. All the best, Freeda Cathcart Secretary, Grandin Court Neighborhood Association grandincourtinfoggmail.corn 540-598-7231 (mobile) 1 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday,June 20, 2023 8:48 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Fishburn Park deal would make other parks vulnerable for development Attachments: Blackwell House Stormwater-Business Plan Letter.pdf From: Freeda Cathcart<contactfreeda@gmail.com> Sent: Monday,June 19, 2023 11:45 PM To: Mayor<mayor@roanokeva.gov>;Sherman Lea <sherman.lea@roanokeva.gov>;Joseph L. Cobb <joseph.cobb@roanokeva.gov>; stepanie.moon@roanokeva.gov;Trish White-Boyd<trish.white-boyd@roanokeva.gov>; Vivian Sanchez-Jones<vivian.sanchez-jones@roanokeva.gov>; Peter Volosin <peter.volosin@roanokeva.gov>; Luke Priddy<luke.priddy@roanokeva.gov>; City Clerk<City.Clerk@roanokeva.gov>;Jerome Stephens<sws6772@gmail.com> Subject: [EXTERNAL] Fishburn Park deal would make other parks vulnerable for development CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear Mayor Lea, Vice-Mayor Cobb, Council member White-Boyd, Council member Sanchez-Jones, Council member Volosin, Council member Moon-Reynolds and Council member Priddy, Please vote no on the amendment to extend the contract with the vanBlaricoms. It's a flawed contract for both parties. The Parks and Recreation Advisory Board unanimously voted this past spring that the land and the house should not be sold (letter attached). It was included in the statement to the media below that went out this morning. The statement includes information on how the amendment doesn't address the council's concerns: • Doesn't reduce the land for sale • There isn't a business plan or requirement for them to submit one • There is not requirement for them to produce a letter from a lender that they need 1.1 acres of land to finance the project • The amendment doesn't include details about where the parking would be placed or that pervious surface is used The vanBlaricoms have had over a month to work to address those concerns before they submitted an amendment asking for more time. This amendment falls short of addressing the concerns council expressed and for that reason council should reject the amendment. It's imperative the city follow the 2040 comprehensive plan to protect the public's interests and our valuable parkland. Thousands of people have signed a petition objecting to the sale of parkland to finance a private commercial business. We need better protections for Roanoke City Parks. i Sincerely, Freeda Cathcart Soil and Water Conservation Director BRSWCD 540-598-7231 Forwarded message From: Freeda Cathcart<contactfreeda@gmail.com> Date: Mon, Jun 19, 2023 at 8:00 AM Subject: Fishburn Park deal would make other parks vulnerable for development To: For Immediate Release Contact: Freeda Cathcart, Soil and Water Conservation District Director representing Roanoke City 540-598- 7231 contactfreedaga,gmail.com available for interviews Fishburn Park deal would make other parks vulnerable for funding commercial development The Roanoke City manager is bringing an amendment for the contract between the city and the vanBlaricoms that includes an extension of time to this Tuesday's Roanoke City Council's 2:00 meeting. The recent amendment that the vanBlaricoms are asking the city to consider would still convey 1.1 acres directly to them for the price of$10 so they can use the equity from the valuable parkland worth hundreds of thousands of dollars to secure a loan to launch a private commercial business. The vanBlaricoms' zoning application that the Roanoke City Council rejected was significantly different from the drawing rendered in the contract. In March, when council asked Justin vanBlaricom why he needed an extension, he replied that he didn't know how involved the project would be. Roanoke City Council members signaled at the time that 1.1 acres was excessive and hoped that they would reduce the amount of land they were asking for. The amendment council is being asked to consider is still lacking in details and doesn't reduce the loss of parkland. It's important the public learns about the details in the amendment and the contract that would make other parkland vulnerable for commercial development due to setting a terrible precedent. The Roanoke City Parks and Recreation Advisory Board (PRAB) sent the attached letter to the Roanoke City Council that contained the following statement: "PRAB members want to reaffirm our opposition to the sale of the house and the adjoining 1.1 acres of parkland. Knowing that City Council has already approved the sale pending the rezoning, PRAB members respectfully ask for City Council to request a full business and development plan from the developers and share that information with the Board. With a large percentage of businesses failing within the first year of operation, PRAB members are highly concerned about this site should the developer end up selling the property. The Board would also like to review documentation from the bank that states the additional parkland is required as collateral in order to receive their loan." The Roanoke City Council members asked several crucial questions before voting not to rezone the property. They asked about a business plan and expressed concerns about the placement of the parking lot. They also 2 enquired about why they didn't use the equity from their other businesses to finance the loan. The answers to their questions were insufficient. While the amendment says they are going to reduce the amount of parking spaces, there is no indication of where they would be placed. The city's 2040 comprehensive plan states the need to use existing parking as much as possible to avoid creating more stormwater runoff due to impervious surfaces. There isn't any requirement in the contract or amendment requiring them to use pervious surface for the parking spaces. There isn't any mention of a business plan or proof of a need for 1.1 acres of land in order to procure financing. The Roanoke City Council already extended the contract in March and gave the vanBlaricoms important suggestions for them to be successful with their project. They did so again before they rejected their rezoning application on May 15. The vanBlaricoms have had over a month to work on addressing those concerns before they submitted an amendment asking for more time. This amendment falls short of addressing the concerns council expressed and for that reason council should reject the amendment. It's imperative the city follow the 2040 comprehensive plan to protect the public's interests and our valuable parkland. Thousands of people have signed a petition objecting to the sale of parkland to finance a private commercial business. We need better protections for Roanoke City Parks. 3 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, June 20, 2023 8:50 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Fishburn Park, please reject proposed contract amendments and request for time extension From: sjhimel@aol.com <sjhimel@aol.com> Sent:Tuesday,June 20, 2023 7:17 AM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Fishburn Park, please reject proposed contract amendments and request for time extension CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Members of the Council: I have reviewed the amendments proposed by the vanBlaricom applicants, together with the original contract they seek to alter: as described below the changes jeopardize the City's rights in several important respects, while at the same time they make no change to applicants' obligations and in fact appear to free them from a significant duty. I respectfully urge the Council to deny the application to amend and extend, and bring this matter to a conclusion, 1. The Right of First Refusal in no way protects the City and the taxpayers. Such clauses usually require proof of the good faith offer, but here the City must rely solely on representations from applicants which it has no right--and no time--to verify, Also, since applicants are demanding that they be given the land for nothing, it seems doubtful that the City would be able to justify any substantial amount to buy back what it had already given away for free. Further, however weak the original contract provisions preventing applicants from 'flipping' the tract immediately and requiring a damage payment if sold in within 4+ years, these clauses are directly contradicted by the amendment's open recognition of applicant's right to "flip" their free gift from the City immediately after closing on it. Amendments are powerful, controlling over prior agreements, and should not be taken lightly. 2. The offered "rezoning change" in fact does nothing to affect applicants in any way, They still demand the full 1.1 acres of land, and they still require that the full tract be zoned MXPUD. They have inserted verbiage about how they might want to limit use of roughly half the tract, but they were already committed to restricting that use in the manner they now suggest is "new". Their own application and exhibits specifically speak to keeping all the land not actually used for commerce as open space, and nowhere suggest that MXPUD zoning prevents them from doing that. Interestingly, they seem to propose a minor reduction in their proposed parking area, but they also appear to have done away with the clause in the original contract that barred them from using any Fishburn parking facilities for any purpose. i The self-serving declaration regarding the "changed" nature of their application can safely be ignored since the proposed contract amendment does not vary from the substance of their previous demands. From the outset applicants have clearly understood that there was no guarantee they would get the zoning they sought, expressly insisting in their application and elsewhere that their own obligations were contingent on rezoning being granted. The contract has no clause anywhere compelling the City Council to endorse this proposed giveaway; the Council's obligation is clearly stated as being to "consider the release of Seller's right to operate Fishburn Park at the property". This was done at the hearing in May, and the matter was decided against applicants in the framework they demanded: the rezoning application, which was rejected. Since release of the City's right to operate the Park at the property in question was a condition precedent to any further action by City the contract was terminated by its specific language and no further action of any kind under it is either necessary or appropriate. Respectfully submitted, Shelley Himel 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June 2023. No. 42683-062023. AN ORDINANCE authorizing the City Manager or his designee to execute the intergovernmental agreement for the operation of the Regional Center for Animal Care and Protection ("Agreement"), among the City of Roanoke, County of Roanoke, and County of Botetourt; authorizing the City Manager to execute any and all documents associated with the Agreement; and dispensing with the second reading of this ordinance by title. WHEREAS, Virginia Code § 3.2-6546 requires the governing body of each county or city to maintain, or cause to be maintained, a public animal shelter; and WHEREAS, Virginia Code § 3.2-6546 also authorizes one or more local governing bodies to contract for the establishment of a public animal shelter in conjunction with one another; and WHEREAS, Virginia Code § 15.2-1300 requires that agreements for the joint exercise of powers by political subdivisions be approved by ordinance; and WHEREAS, by Ordinance No. 34071-110298, in 2013, City Council adopted an intergovernmental agreement for the operation of the Regional Center for Animal Care and Protection along with the Town of Vinton, Roanoke County and Botetourt County; WHEREAS, in April 2019 the Town of Vinton withdrew from the 2013 Agreement; and WHEREAS, the governing bodies of Roanoke City, Roanoke County, and Botetourt County have determined that it is in the best interest of all three localities to continue to operate a single public animal shelter, and to again enter into an intergovernmental agreement for the operation of such; and NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute the Agreement among the City of Roanoke, County of Roanoke, and County of Botetourt, to operate the Regional Center for Animal Care and Protection, as more fully set forth in the City Council Agenda Report dated June 20, 2023. 2. The City Manager or his designee is hereby authorized to execute any and all requisite documents pertaining to the animal shelter associated with this Agreement, and all such documents shall be approved as to form by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST: 1 XA,&6:4-'\4; 711.4"L --- City Clerk. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 20, 2023 Subject: Approval of Intergovernmental Agreement for operation of the Regional Center for Animal Care and Protection. Background: The current intergovernmental agreement for operation of the Regional Center for Animal Care and Protection (the "RCACP") is set to terminate on June 30, 2023 and a new agreement needs to be executed by each participating locality. Considerations: The Virginia Code requires counties and cities to maintain a public animal shelter, and allows one or more localities to contract for the establishment of a public animal shelter in conjunction with one another. In January 2013 the County of Roanoke, the City of Roanoke, the County of Botetourt, and the Town of Vinton agreed to operate a regional public animal shelter pursuant to an intergovernmental agreement executed by the localities (the "original agreement"). During the term of the original agreement and pursuant to a Memorandum of Understanding entered into between the County of Roanoke and the Town of Vinton on April 9, 2019 (1) the County assumed financial responsibility of the Town of Vinton's usage of the regional animal control facility, (2) the Town of Vinton agreed to be eliminated as a member of the Roanoke Valley Regional Pound Agreement, and (3) the Town of Vinton agreed to discontinue appointing a member to the animal shelter's Executive Committee and to join the County in a request to appoint or cause to be appointed as a member of the Executive Committee an additional County representative. That original agreement is scheduled to terminate on June 30, 2023, and a new agreement must be executed by the participating localities. This intergovernmental agreement with the City of Roanoke and the County of Botetourt sets out the terms and conditions for these local governments to establish and operate a regional animal shelter. Intergovernmental agreements for the joint exercise of powers by localities shall be approved by ordinance pursuant to Virginia Code § 15.2-1300. This agreement does the following: (1) describes the ownership percentage of each of the localities in the animal shelter located at 1510 Baldwin Avenue, (2) establishes a cost sharing formula based upon usage of each participating locality at the end of each calendar year, (3) creates a Board of Directors responsible for the overall operations of the regional animal shelter, which consists of (a) the City Manager for the City of Roanoke or his or her designee, (b) the County Administrator for the County of Roanoke or his or her designee, (c) an additional member appointed by the Roanoke County Administrator, (d) the County Administrator for the County of Botetourt or his or her designee, and (e) an additional member appointed by the City Manager for the City of Roanoke, (4) provides for the appointment of an Executive Director, (5) addresses budget and fiscal agent matters, and (6) addresses dispute resolution, termination, withdrawal, and other common contractual matters. The following are the substantive changes that have been made to the terms of the proposed new agreement: 1. Changes to the ownership percentage of each of the localities in the animal shelter located at 1510 Baldwin Avenue based upon Vinton's withdrawal (with Roanoke County accepting Vinton's 4% interest). 2. The RCACP "Executive Committee" is renamed the "Board of Directors". 3. Roanoke County will take over Vinton's seat on the Board of Directors. If this is approved as proposed, the Board of Directors will consist of 2 Roanoke City seats, 2 Roanoke County seats, and 1 Botetourt County seat. 4. The new agreement has a termination date of June 30, 2028, with 5-year automatic extensions. 5. The new agreement allows for remote meetings of the Board of Directors, and allows the Board of Directors to cancel quarterly meetings if agreed upon by a majority of the members. There is no change to the annual costs to be shared by the participating localities based upon actual usage of the RCACP. There are no expected fiscal impacts associated with the execution of the proposed intergovernmental agreement beyond those already included in the City's annual budget for the operation of the RCACP. Recommended Action: It is recommended that the Council favorably consider the adoption of the attached ordinance approving the intergovernmental agreement to establish and operate a regional animal shelter. Bob Cowell, City Manager Distribution: Council Appointed Officers William B. Robertson, Assistant City Manager/Director of Finance Angie O'Brien, Assistant City Manager Amelia C. Merchant, Deputy Director of Finance Trinity Kaseke, Budget/Management Analyst, Department of Finance ROANOKE `'ALLEY REGIONAL ANIMAL SHELTER AGREEMENT THIS AGREEMENT (hereinafter referred to as "Agreement") is made and entered into this 1" day of July, 2023. by and between the CITY OF ROANOKE (hereinafter referred to as "Roanoke City"), the COUNTY OF ROANOKE (hereinafter referred to as "Roanoke County"), and the COUNTY OF BOTETOURT(hereinafter referred to as"Botetourt"), (hereinafter referred to collectively as"parties" or"participating localities"), each of which is a political subdivision or municipality of the Commonwealth of Virginia. WITNESSETH: WHEREAS, Virginia Code § 3.2-6546 requires the governing body of each county or city to maintain or cause to be maintained a public animal shelter; and WHEREAS, Virginia Code § 3.2-6546 allows one or more local governing bodies to contract for the establishment of a public animal shelter in conjunction with one another; and WHEREAS, the governing bodies of Roanoke City, Roanoke County, and Botetourt have determined that it is in the best interest of all three localities to operate a single public animal shelter; and WHEREAS, by Special Warranty Deed dated October 31, 2013, and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke as Instrument Number 130012723, the City of Roanoke, Virginia, the Town of Vinton, Virginia, the County of Roanoke, Virginia, and the County of Botetourt, Virginia, mutually acquired a certain parcel of real estate, located in the City of Roanoke (City of Roanoke Tax Map #3210434). which contains approximately 3.236 acres, for the purposes of maintaining the public animal shelter; and WHEREAS,at the time of the acquisition(October 31, 2013),the percentage of ownership in the aforementioned real estate was as follows: the City of Roanoke.Virginia,owns a fifty-eight percent(58%)undivided interest;the Town of Vinton,Virginia(the"Town'), owns a four percent (4%) undivided interest; the County of Roanoke, Virginia. owns a twenty-two percent (22%) undivided interest; and the County of Botetourt.Virginia, owns a sixteen percent(16%)undivided interest; and WHEREAS,on or about April 9,2019.the Town,withdrew and terminated its participation in the Roanoke Valley Regional Pound Agreement dated January 7, 2013. and pursuant to Section 5-3 of that Roanoke Valley Regional Pound Agreement dated January 7, 2013, the Town relinquished any and all interest in the aforementioned real estate; and WHEREAS, pursuant to a Memorandum of Understanding entered into between the County of Roanoke and the Town on April 9, 2019, (1) the County of Roanoke assumed financial responsibility of the Town's usage of the regional animal control facility, (2) the Town agreed to be eliminated as a member of the Roanoke Valley Regional Pound Agreement. and (3) the Town agreed to discontinue appointing a member to the Executive Committee and to join the County of 1 Roanoke in a request to appoint or cause to be appointed as a member of the Executive Committee an additional County of Roanoke representative; and WHEREAS. due to the Town's withdrawal as a participating locality. the percentage of ownership in the aforementioned real estate is now as follows: the City of Roanoke,Virginia,owns a fifty-eight percent (58%) undivided interest; the County of Roanoke. Virginia, owns a twenty- six percent(26%)undivided interest; and the County of Botetourt,Virginia,owns a sixteen percent (16%)undivided interest; and WHEREAS. the public animal shelter is maintained in a building on the aforementioned real estate, and is named the Regional Center for Animal Care and Protection (hereinafter the "RCACP"); the address of the RCACP is 1510 Baldwin Avenue, Roanoke, Virginia; and WHEREAS. the participating localities are authorized to enter into this Agreement jointly by ordinance pursuant to Virginia Code § 15.2-1300; and NOW, THEREFORE. for and in consideration of the mutual obligations and mutual benefits accruing to the participating localities from this Agreement, the City Council for the City of Roanoke,the Board of Supervisors of the County of Roanoke, and the Board of Supervisors for the County of Botetourt agree upon the following terms: ARTICLE I. RCACP PROPERTY Sec. 1-1. Management of the RCACP Property. All use and operation of the real estate located at 1510 Baldwin Avenue, Roanoke, Virginia, and the RCACP facilities shall be managed by the Board of Directors established pursuant to Section 4-3 below. Sec. 1-2. Proceeds of Real Estate and Personal Property. The net proceeds of the sale or rental of any real property interest in the real estate located at 1510 Baldwin Avenue. Roanoke, Virginia,or any portion thereof or any product or personal property therefrom.to any of the parties or any outside party shall be shared in proportions as to the ownership of the real estate located at 1510 Baldwin Avenue. Roanoke. Virginia. which is as follows: the City of Roanoke — fifty-eight percent(58%), the County of Roanoke—twenty-six percent(26%), and the County of Botetourt— sixteen percent (16%). ARTICLE IL SHARING COSTS Sec. 2-1. Annual Calculation of Cost Shares. The costs to operate the RCACP shall be shared by the participating localities based on the percentage of usage of each participating locality at the end of the calendar year. Each participating locality's usage shall include the number of dogs, cats, or other companion animals brought to the RCACP from the said participating locality each calendar year. Sec. 2-2. Use of Animal Shelter. Each participating locality shall be required to follow an animal intake policy as that intake policy is approved by the Board of Directors. The animal intake 2 policy shall comply with any applicable provisions of the Virginia Code in effect at any given time. ARTICLE III. BUDGET AND FISCAL MATTERS Sec. 3-1. Fiscal Agent. Roanoke County shall serve as the fiscal agent for the RCACP until otherwise agreed to by a unanimous vote of the Board of Directors. The fiscal agent will maintain a program account for the receipt of funds paid by the participating localities and fees paid by the general public, and for payment expenses for the operation, maintenance, repairs, and capital improvements to the RCACP. Sec. 3-2. Host Locality. Host locality shall be defined as the locality in which the RCACP is located. As of the date of this Agreement, the City of Roanoke is the host locality. Sec. 3-3. Budget. The Board of Directors shall adopt an annual budget for the operations, maintenance and necessary repairs to the RCACP in each ensuing fiscal year. The budget shall be submitted by the Executive Director for approval at the quarterly meeting in April of each year so that the RCACP budget can be included in each participating locality's budget proposals. At the option of the Board of Directors,the budget request in any year may include components for future construction to or other capital improvements for the RCACP. Sec. 3-4. Annual Adjustment of Expenses. At the end of each fiscal year,a financial audit shall be performed in order to adjust any discrepancy or discrepancies between the budgeted payments and each participating locality's actual and appropriate share of expenses for the prior year. Sec. 3-5. Debt. The Board of Directors shall have no authority to incur debt obligations or approve expenditures in excess of the funds appropriated to it by the governing bodies of each of the participating localities. However, the Board of Directors may, by unanimous vote, recommend the issuance of new debt or the restructuring of existing debt which would then require the approval of the governing bodies for each of the participating localities. Sec. 3-6. Executive Director and Employees. The Board of Directors shall be responsible for the hiring of an Executive Director for the RCACP. All employees assigned to the RCACP, including the Executive Director, shall be employees of the Fiscal Agent and shall be subject to the personnel policies of the Fiscal Agent. The Executive Director reports directly to the Board of Directors and shall be evaluated from time to time by and in the discretion of the Board of Directors. Sec. 3-7. Indemmifcation and Insurance. Each participating locality shall maintain its own workers' compensation and public official's liability insurance coverage, and each participating locality shall retain its full legal responsibilities for injuries or property damage arising from its employees' use of the RCACP. Nothing in this agreement shall be interpreted as an assumption of joint and several liability, or as an indemnification of any participating locality by any of the others. General liability insurance for the facility shall be purchased by the Fiscal Agent. Each 3 party to this agreement shall be billed for and shall pay its proportional share of General Liability coverage in accordance with the formula set forth in Article II. ARTICLE IV. OPERATIONS AND DISPUTE RESOLUTION Sec. 4-1. Tenn. The term of this Agreement shall commence on July 1, 2023, and shall terminate on June 30. 2028, unless sooner terminated or further extended as provided for herein. As of each five (5) year anniversary of the effective date of this Agreement (July 1), the term of this Agreement shall automatically be extended for one additional five (5) year term beyond the then existing date of termination, unless one or more of the participating localities chooses to withdraw from this Agreement in accordance with the process outlined Article V. Sec. 4-2. Executive Director. The day to day operations of the RCACP shall be performed by the Executive Director appointed in accordance with Section 3-6 of this Agreement. The Executive Director shall be responsible for building and maintaining rescue partner relationships and volunteer relationships to enhance the mission of the RCACP. The Executive Director shall work closely with each participating locality's animal control officers to maintain communication and a positive working relationship. Sec. 4-3. Board of Directors. The overall operations of the RCACP shall be the responsibility of a Board of Directors as set forth herein. The composition and purposes of the Board of Directors are as follows: (1) The members of the Board of Directors shall consist of: (1) the City Manager for the City of Roanoke or his or her designee; (2) the County Administrator for the County of Roanoke or his or her designee; (3) an additional member appointed by the chief executive officer of the County of Roanoke; (4)the County Administrator for the County of Botetourt or his or her designee; and (5) a member appointed by the chief administrative officer of the locality that serves as the Host Locality. (2) The Board of Directors shall meet at least quarterly.unless otherwise agreed upon by a majority vote of the members of the Board of Directors. Special meetings may be called by any two members by actual notice delivered to all members at least forty-eight (48) hours prior to the meeting date or may be held at any time upon attendance at meetings by all members. Meetings may be held remotely, at the discretion of the chair, in accordance with the provisions of the Freedom of Information Act and as may be adopted in its bylaws or rules of procedure. (3) A quorum necessary to act at any meeting of the Board of Directors shall be three (3) members or their officially-appointed designees. A majority vote of the members in attendance shall decide any issue presented unless otherwise set forth in this Agreement. (4) The Board of Directors shall ensure that the operation of the RCACP meets all requirements of state and federal laws and regulations pertaining to such 4 facilities; ensure that all operations and staffing of the RCACP meet the requirements of any state or federally-issued permit; ensure that the use, care, and maintenance of the equipment located at the RCACP meets the manufacturer's recommendations; ensure that the building and grounds are properly maintained and that repairs, when needed, are promptly done; and generally give direction to the Executive Director with respect to the above. (5) The chair of the Board of Directors shall rotate among the City Manager for the City of Roanoke or his or her designee on the Board of Directors; the County Administrator for the County of Roanoke or his or her designee on the Board of Directors; and the County Administrator for the County of Botetourt or his or her designee on the Board of Directors and shall be for a term of two (2) years, with the rotation continuing in similar fashion for the life of this Agreement. The current chair is Richard Caywood, and his term shall expire on July 1st, 2023. (6) The meetings of the Board of Directors shall be conducted pursuant to parliamentary procedures as set forth in"Roberts Rules of Order" and such bylaws or rules of procedure as may be adopted by a majority vote of the membership of the Board of Directors. not inconsistent with the Virginia Freedom of Information Act or successor provision of law. (7) The Executive Director shall make available to the Board of Directors or any of its sub-committees all records, work sheets, financial records, and documents or instruments of any nature, regarding and pertaining to the operation. maintenance, or fiscal affairs of the RCACP. (8) A fiscal affairs committee is hereby established as an advisory committee to the Board of Directors. The fiscal affairs committee shall consist of a designee appointed by the chief executive officer of each participating locality. The fiscal affairs committee shall meet with the Executive Director and Director of Operations to review monthly operations, policies, procedures, monthly reports, and other budget and fiscal issues. The fiscal affairs committee shall provide the operational support needed by the Executive Director as it pertains to the day to day operations of the RCACP. The fiscal affairs committee shall report to the Board of Directors on the status of the operations of the RCACP at each meeting of the Board of Directors. Sec. 4-4. Dispute Resolution. Any dispute, disagreement, or controversy arising among the parties hereto as to the operation of the RCACP. if not resolved by the parties within thirty(30) days of the date such dispute, disagreement, or controversy arose, may be resolved through non- binding mediation. ARTICLE V.WTTHDRAWAL OF A PARTY Sec. 5-1. Withdrawal. Any party to this Agreement may withdraw and terminate such locality's participation in this Agreement as set forth herein: 5 (1) Such party's governing body must take appropriate action by ordinance authorizing such withdrawal and termination; and (2) The party seeking to withdraw from this Agreement shall deliver in person or by certified mail return receipt requested a formal written notice to each of the individuals listed under Section 6-2 of this Agreement on or before June 30 of the then current fiscal year, but which notice shall not be effective until midnight on June 30 of the following fiscal year. The purpose of this notice requirement is to give the non-withdrawing party or parties at least twelve (12)months' notice of the withdrawing party's decision to no longer participate in the Agreement. Sec. 5-2. Responsibility of Compliance. Any party to this Agreement which provides notice to withdrawal pursuant to Section 5-1 above shall be responsible for complying with such Agreement until the effective date of the withdrawal notice as referred to in Section 5-1 above. Sec. 5-3. Withdrawing Party's Interest in Assets. Any party withdrawing from this Agreement shall not be entitled to and shall not receive any financial or other compensation, adjustment, or credit of any type for the value of equipment, assets, grant or other funds, real, personal, tangible or intangible property, accounts receivable, or any other items that may be used or held for the benefit of the RCACP. Further,any locality withdrawing from this Agreement shall also relinquish any and all interest in the property it has under Article I of this Agreement. Sec. 5-4. Future Operation of RCACP. Upon a party's notification of withdrawal pursuant to Sec. 5-1, the nonwithdrawing parties, in their sole discretion, may continue the operations of the RCACP under this Agreement with such modifications as they deem appropriate or under a new agreement as such nonwithdrawing parties deem appropriate. However, such modifications or new agreement shall not alter the financial obligations of the withdrawing party. The withdrawing party shall have no vote or right to object to the actions of the nonwithdrawing parties regarding any modifications to this Agreement or a new agreement so long as the withdrawing party's financial obligations are not altered. The withdrawing party shall also have no further right to use or receive the benefits of the RCACP operations after the effective date of withdrawal. Sec. 5-5. Cooperation upon Withdrawal. The withdrawing party shall cooperate with the nonwithdrawing parties in order to provide for a smooth transition of operations and control to such nonwithdrawing parties,including,but not limited to,executing any documents and providing any information the nonwithdrawing parties may reasonably request. Sec. 5-6. Rights of the Nonwithdrawing Parties. If at any time the nonwithdrawing parties decide to no longer operate the RCACP, such parties may do so only upon such terms and conditions as such parties deem appropriate in accordance with the direction of the governing body of each nonwithdrawing party. Sec. 5-7. Right to Rescind Notice of Withdrawal. Any withdrawing party may rescind such party's notice to withdraw only during the first 60 days after the date such notice was given. After such 60-day time period, the withdrawing party may request that such withdrawal notice be 6 rescinded, but any such rescission request shall require the written consent of all of the nonwithdrawing parties to be effective. Sec. 5-8. Withdrawing Party's Responsibility for Debt. No party may withdraw from any authority that has outstanding bonds without the unanimous consent of all the holders of such bonds unless all such bonds have been paid or cashed or United States government obligations have been deposited for their payment. Any withdrawing party shall continue to be responsible for its share of any debt for capital improvements made to the RCACP, and any allocation of debt payments shall be made by the withdrawing party based upon the percentage cost sharing terms provided for in Article II for one year following its withdrawal from this Agreement. ARTICLE VI. MISCELLANEOUS Sec. 6-1. Effective Date. The effective date of this agreement shall be July 1, 2023. Sec. 6-2. Notices. Notices hereunder shall be sent by certified mail to the respective parties to the following officers or their successors: Richard L. Caywood, County Administrator COUNTY OF ROANOKE, VIRGINIA 5204 Bernard Drive Roanoke, Virginia 24018 Copy to: Peter S. Lubeck, County Attorney COUNTY OF ROANOKE, VIRGINIA 5204 Bernard Drive Roanoke, Virginia 24018 Robert Cowell, City Manager CITY OF ROANOKE, VIRGINIA 215 Church Avenue SW Roanoke, Virginia 24011 Copy to: Tim Spencer, City Attorney CITY OF ROANOKE, VIRGINIA 215 Church Avenue SW Roanoke, Virginia 24011 Gary Larrowe, County Administrator COUNTY OF BOTETOURT, VIRGINIA 57 S. Center Dr., Suite 200 Daleville, Virginia 24083 Copy to: Michael W.S. Lockaby, County Attorney COUNTY OF BOTETOURT,VIRGINIA Spilman, Thomas & Battle, PLLC 7 310 First Street, Suite 1100 (ZIP 24011) P.O. Box 90 Roanoke, Virginia 24002-0090 Sec. 6-3. Captions and Headings. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Sec. 6-4. Counterpart Copies. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Sec. 6-5. Severability. The invalidity, illegality or unenforceability of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. Sec. 6-6. Waiver. No failure or delay of any party to insist on strict observance of any provision of this Agreement, and no custom or practice of the parties at variance with the terms hereof. shall be deemed a waiver of any provision of this Agreement in any instance. Sec. 6-7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Sec. 6-8. Entire Agreement. This Agreement and the attachments hereto constitute the full agreement among the parties. This Agreement may only be amended by written amendment adopted by each of the participating localities. IN WITNESS WHEREOF, the parties hereto have set their signatures and seals this the day and year first above written. (Signature Pages to Follow) 8 CITY OF ROANOKE, VIRGINIA By: Mayor Clerk COMMONWEALTH OF VIRGINIA CITY OF ROANOKE The foregoing instrument was acknowledged before me this day of 2023, by . Mayor of the City of Roanoke, Virginia. My Commission Expires: Notary Public 9 COUNTY OF ROANOKE. VIRGINIA By: Chairman of the Board of Supervisors Clerk COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE The foregoing instrument was acknowledged before me this day of 2023, by . Chairman of the Board of Supervisors of the County of Roanoke, Virginia. My Commission Expires: Notary Public 10 COUNTY OF BOTETOURT, VIRGINIA By: Chairman of the Board of Supervisors Clerk COMMONWEALTH OF VIRGINIA COUNTY OF BOTETOURT The foregoing instrument was acknowledged before me this day of , 2023, by , Chairman of the Board of Supervisors of the County of Botetourt, Virginia. My Commission Expires: Notary Public 11 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June 2023. No. 42684-062023. AN ORDINANCE to amend Budget Ordinance No. 42398-071822 to appropriate funding from the Department of Housing and Urban Development (HUD) for the HOME Investment Partnerships Program, amending and reordaining certain sections of the 2022-2023 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 2022-2023 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations HOME-BFTA New Homeownership 35-090-5446-5647 $ 86,687 Revenues HOME Program Income FY23 35-090-5446-2062 $ 86,687 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. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 20, 2023 Subject: Amended Budget Ordinance to Appropriate Program Income for FY 23 HUD Funds. Background: On July 18, 2022, City Council approved Resolution No. 42397-071822 and Budget Ordinance No. 42398-071822 accepting and appropriating funds from the US Department of Housing and Urban Development for the FY 23 HUD Plan Year. The action did not anticipate any program income in the HOME Investment Partnership Grant program. In April of 2023, Habitat for Humanity recaptured funds from the resale of a house created with HOME funds in the West End Target Area. The homeowner chose to sell the house prior to the end of the HUD required 15-year affordability period. Habitat for Humanity recovered $39,953 from the proceeds of the sale and remitted that amount to the City. The FY24 HUD Annual Plan anticipated that $86,687 in program income from the sale of this home plus a home completed in the Melrose-Orange Target Area and reflected as program income to be available after July 1, 2023. Considerations: The earlier sale of the home from the West End Target Area prior to July 1, 2023 means that the City must reflect the $39,953 as revenue received in FY 23. Subsequently, the program income must be recorded in FY 23 and appropriated to the HOME program in the Grant Special Revenue Fund. The income will be reflected as carryover funding for the HOME program in FY 24, and not as program income as anticipated at the time of the approval of the FY 24 HUD Funds budget. There would still exist a total of $712,176 in HOME funds for Habitat for Humanity for BFTA New Homeownership, so there is no net reduction of funding for this program in FY 24. Recommended Action: Adopt the accompanying budget ordinance to appropriate funding in the amount of $86,687 into accounts to be established in the Grant Fund by the Director of Finance, as detailed in the attached budget ordinance. Bob Cowell, City Manager Distribution: Council Appointed Officers Angie O'Brien, Assistant City Manager W. Brent Robertson, Assistant City Manager/Director of Finance Chris Chittum, Executive Director of Community Development and Placemaking Jillian Papa-Moore, Acting Director of Planning, Building and Development Keith Holland, Community Resources Program Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June 2023. No. 42685-062023. A RESOLUTION authorizing acceptance of certain grants from the United States Department of Housing and Urban Development(HUD)for entitlement funding for the 2023-2024 fiscal year consisting of Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) Grant, Emergency Solutions Grant (ESG), CARES Act (CDBG-CV) and American Rescue Plan Act (HOME-ARP)funding,for such grants to be used in connection with the 2023-2024 HUD Annual Action Plan previously approved by City Council; authorizing the City Manager to execute the necessary documents required to accept such funding, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts new entitlement grant funding for the 2023-2024 fiscal year from HUD, with no local match required from the City of Roanoke, in the amount of $2,640,142; unexpended funds from prior year accounts in the amount of$3,029,308, and $86,687 in program income, for a total funding in the amount of$5,756,137. The aforementioned funding shall be used for the purpose of providing a variety of activities ranging from affordable housing and community development to economic development in connection with the 2023-2024 HUD Annual Action Plan previously approved by City Council, as more particularly described in the City Council Agenda Report dated June 20, 2023, and the budget ordinance that accompanies this resolution. 2. The City Manager or his designee is hereby authorized to execute any and all requisite documents required to accept such grants, in a form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of such grants. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June 2023. No. 42686-062023. AN ORDINANCE to appropriate funding from the Department of Housing and Urban Development (HUD) for the Community Development Block Grant Program (CDBG), HOME Investment Partnerships Program, and Emergency Solutions Grant (ESG), CDBG-CV CARES Act Program, and HOME-ARP Program, amending and reordaining certain sections of the 2023-2024 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 2023-2024 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriate HOME Administration 35-090-5449-1002 $ 48,730 HOME Administration 35-090-5449-1105 7,846 HOME Administration 35-090-5449-1117 487 HOME Administration 35-090-5449-1120 3,728 HOME Administration 35-090-5449-1125 6,048 HOME Administration 35-090-5449-1126 315 HOME Administration 35-090-5449-1130 653 HOME Administration 35-090-5449-1131 123 HOME Administration 35-090-5449-2044 1,654 HOME-BFTA New Homeownership 35-090-5449-5647 625,489 HOME-ARP Administration 35-090-5441-1002 61,055 HOME-ARP Administration 35-090-5441-1105 9,830 HOME-ARP Administration 35-090-5441-1117 611 HOME-ARP Administration 35-090-5441-1120 4,671 HOME-ARP Administration 35-090-5441-1125 7,822 HOME-ARP Administration 35-090-5441-1126 332 HOME-ARP Administration 35-090-5441-1130 818 HOME-ARP Administration 35-090-5441-1131 153 HOME-ARP Administration 35-090-5441-2010 198,641 HOME-ARP Administration 35-090-5441-2044 7,000 HOME-ARP Future Housing Development 35-090-5441-5620 1,347,135 HOME-ARP Non-Profit Operating 35-090-5441-5692 122,467 HOME-ARP Non-Profit Capacity Building 35-090-5441-5693 122,467 HOME-ARP Support Services 35-090-5441-5694 489,867 ESG-ESG Administration 35-E24-5247-1002 8,247 ESG-ESG Administration 35-E24-5247-1105 1,327 ESG-ESG Administration 35-E24-5247-1117 82 ESG-ESG Administration 35-E24-5247-1120 631 ESG-ESG Administration 35-E24-5247-1125 1,048 ESG-ESG Administration 35-E24-5247-1126 44 ESG-ESG Administration 35-E24-5247-1130 110 ESG-ESG Administration 35-E24-5247-1131 20 ESG-ESG Administration 35-E24-5247-2044 284 ESG — Rapid Rehousing 35-E24-5247-5618 26,000 ESG — Family Promise of Greater Roanoke 35-E24-5247-5644 44,880 ESG— HMIS 35-E24-5247-5618 20,351 ESG— Homelessness Prevention 35-E24-5247-5618 56,800 Children's Trust CAC 35-G24-2439-3918 32,593 BFC Dental Clinic 35-G24-2439-3958 125,000 PCC Emergency Services 35-G24-2439-1108 39,193 Children's Trust CASA 35-G24-2439-3775 58,000 BFTA ADA Ramp Improvements 35-G24-2420-5442 400,000 CDBG —Down Payment Assistance 35-G24-2220-5119 45,000 LSR High Cost Units 35-G24-2421-1109 30,000 CHP King Street Project 35-G24-2419-5648 25,705 CHP King Street Project 35-G23-2319-5648 474,297 CDBG —RIDE Solutions Better Bus Stop 35-G24-2420-1110 85,246 CDBG —BFTA Limited Rehab 35-G24-2419-5665 75,000 CDBG —Belmont Preservation Project at 930 Stewart 35-G24-2419-5236 113,000 CDBG —BFTA Residential Façade 35-G24-2419-1108 40,000 RA -Citywide Limited Repair 35-G24-2419-5486 68,230 CDBG —ADA Ramp Improvements 35-G24-2420-5442 100,000 CDBG-CDBG Administration 35-G24-2422-1002 197,666 CDBG-CDBG Administration 35-G24-2422-1105 31,824 CDBG-CDBG Administration 35-G24-2422-1117 1,977 CDBG-CDBG Administration 35-G24-2422-1120 15,121 CDBG-CDBG Administration 35-G24-2422-1125 25,402 CDBG-CDBG Administration 35-G24-2422-1126 1,107 CDBG-CDBG Administration 35-G24-2422-1130 2,649 CDBG-CDBG Administration 35-G24-2422-1131 415 CDBG-CDBG Administration 35-G24-2422-2010 50,000 CDBG-CDBG Administration 35-G24-2422-2015 10,000 CDBG-CDBG Administration 35-G24-2422-2020 2,400 CDBG-CDBG Administration 35-G24-2422-2030 500 CDBG-CDBG Administration 35-G24-2422-2035 5,000 CDBG-CDBG Administration 35-G24-2422-2042 1,900 CDBG-CDBG Administration 35-G24-2422-2044 11,085 CDBG-Code Enforcement 35-G24-2423-1002 131,540 CDBG-Code Enforcement 35-G24-2423-1105 21,178 CDBG-Code Enforcement 35-G24-2423-1117 1,315 CDBG-Code Enforcement 35-G24-2423-1120 10,063 CDBG-Code Enforcement 35-G24-2423-1125 23,950 CDBG-Code Enforcement 35-G24-2423-1126 1,143 CDBG-Code Enforcement 35-G24-2423-1130 1,763 CDBG-Code Enforcement 35-G24-2423-1131 280 CDBG-CV Admin 35-G20-2045-2044 4,092 CCS Homeless Prevention 35-G20-2053-5604 80,000 FSRV BLOC Counseling 35-G20-2053-5686 80,000 CDBG-CV AED Access Project 35-G20-2053-0605 18,050 Revenue CDBG Entitlement FY24 35-G24-2422-2055 $ 1,785,245 CDBG Prior Year Entitlement Carryover FY24 35-G23-2300-3827 474,297 HOME Entitlement FY24 35-090-5449-2061 695,073 ESG Entitlement FY24 35-E24-5247-2063 159,824 HOME-ARP Future Housing Development 35-090-5441-5446 2,372,869 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 'V)"2-`r City Clerk. STATEMENT OF CONFLICT OF INTEREST I Tose-p h C . C�1 .6 state that I have a personal interest in agenda item 7.1. e regardinga "ES* because Pt-o►l.�f tkc,{v.- - - P►a.v,►k d 10A a.. rec.IrI i 4-- Gt Cps y Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this 2 day of T 2023. (Seal) ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 20, 2023 Subject: Acceptance and appropriation of FY 24 HUD Funds. Background: CDBG and HOME funds received from the U. S. Department of Housing and Urban Development (HUD) provide for a variety of activities ranging from affordable housing and community development to economic development. ESG funds are used to support programs for homelessness prevention and rapid rehousing. The City has received entitlement grant funds for over thirty years and must submit an Annual Plan annually to HUD to receive such funding. Additionally, the City was awarded a special allocation from the Coronavirus Aid, Relief and Economic Security (CARES) Act of CDBG-CV funds in 2020 of$1,603,011 to be expended prior to 2026 (of which $182,142 remains unspent). The City was also awarded $2,449,336 in HOME-ARP from the American Rescue Plan Act in 2022 and submitted an Allocation Plan to HUD for these funds, which was approved in March 2023. There remains $2,372,869 in HOME ARP funds for programming in FY 24 and beyond. On May 15, 2023, City Council authorized filing the 2023 Annual Plan and authorized the City Manager, or City Manager's designee, to execute any necessary additional documents pertaining thereto as part of approving the submission of the 2023 HUD Annual Plan. Funding allocations contained in this report reflect those presented to the City Council in the 2023 HUD Annual Plan adoption. Considerations: The 2023 HUD Annual Plan, approved by City Council as part of the annual update to the 2020-24 HUD Consolidated Plan, provides for activities totaling $5,756,137. The funding for these activities included new entitlement funds of$2,640,142, funds unexpended from prior year accounts totaling $3,029,308, and program income of$86,687. Acceptance of the funds and appropriation or transfer to the accounts indicated in Attachment 1 is needed to permit FY 23-24 activities to proceed. Recommended Action: 1. Accept the 2023 - 2024 CDBG, HOME and ESG entitlement funds, CDBG-CV and HOME- ARP special allocation funds, to be used for providing the services indicated in the 2023 - 2024 HUD Annual Action Plan as detailed in the attached Budget Ordinance; 2. Authorize the City Manager to execute the required Grant Agreements, Funding Approval, and other documents required by HUD in order to accept the funds, all of such documents to be approved as to form by the City Attorney; and 3. Adopt the accompanying budget ordinance to appropriate, reprogram, and transfer funding in the amount of$5,669,450 into accounts to be established in the Grant Fund by the Director of Finance, as detailed in the attached budget ordinance. Bob Cowell, City Manager Distribution: Council Appointed Officers Angie O'Brien, Assistant City Manager W. Brent Robertson, Assistant City Manager/Director of Finance Chris Chittum, Executive Director of Community Development and Placemaking Jillian Papa-Moore, Acting Director of Planning, Building and Development Keith Holland, Community Resources Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June 2023. No. 42687-062023. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Victoria Street, N.W., Stormwater Drainage Improvement Project ("Project"); authorizing City staff to acquire such property rights by negotiation for the City; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City wants and needs certain real property rights, to include temporary construction and/or permanent easements of variable length and width, and such other real property interests as needed, as set forth in the City Council Agenda Report dated June 20, 2023, for the Project, in the general vicinity of Victoria Street, N.W., Roanoke, Virginia, from 5205 Victoria Street, N.W. to the intersection of Caldwell Street, N.W. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property referred to in the above mentioned City Council Agenda Report, and any other real property interests that may later be determined by the City as needed for the Project. All requisite documents shall be approved as to form by the City Attorney. 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcels for such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed the funds available in the Project's account for such purposes, without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of appropriate acquisition documents, approved as to form by the City Attorney, the Director of Finance is authorized to pay the respective consideration to the owner of the real property interests conveyed, certified by the City Attorney to be entitled to the same. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: V)7'daet2-t City Clerk. 2 ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 20, 2023 Subject: Acquisition of Real Property Rights for Stormwater Drainage Improvement Project—Victoria Street, N. W. Background: In September 2019, the City applied for VDOT Local Revenue Sharing Funds for the Victoria Street N.W. Stormwater Drainage Improvements Project (Project). In June of 2020, Council authorized the appropriation of these funds. The Project includes the installation of storm drainage pipes and structures, and curb and gutter along Victoria Street N.W. from 5205 Victoria St N.W. to the intersection with Caldwell Street N.W. Once complete, the Project will alleviate neighborhood flooding within this corridor. In order to construct, operate, and maintain the proposed improvements, the City will need to acquire real property rights from one or more property owners. Considerations: City Council action is necessary to authorize the acquisition of real property rights needed for the Victoria Street N.W. Stormwater Drainage Improvements Project. The real property rights needed are outlined below, but are subject to minor variation of location and extent pending final engineering design details. Funding for acquisition of the real property rights will be available in the Victoria Street N.W. Drainage Improvements multi-year account (Acct 03-530-3047). A temporary construction easement of variable length and width is required to accommodate construction activities and will affect one (1) property in the general vicinity identified above. The City may also need to acquire various other property rights involving the property listed below and other properties which have not yet been identified for this project. The property that has been identified so far is as follows: Tax Map Address Owner Required Property Parcel Rights Number 6080722 5113 Victoria Street Wright, Dane C & Temporary NW Barbara J Construction Easement Recommended Action: Authorize the acquisition of any real property rights needed to construct the proposed Victoria Street N.W. Stormwater Drainage Improvements Project, including, but not limited to, the specific property rights identified in the City Council Agenda Report and such other real property interests that may later be identified, by negotiation and execution of the appropriate acquisition documents by the City Manager, such documents to be approved as to form by the City Attorney. '7-10 Bob Cowell, City Manager Distribution: Council Appointed Officers Amelia C. Merchant, Deputy Director of Finance Ian Shaw, P.E., Acting Director of Public Works Michael Venable, Acting Stormwater Manager Cassandra L. Turner, Economic Development Specialist Elizabeth Paden, P.E., Stormwater CIP Program Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June 2023. No. 42688-062023. AN ORDINANCE to appropriate funding from the Friends of Mountain View for restoration efforts of the Fishburn Mansion, amending and reordaining certain sections of the 2022-2023 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 2022-2023 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Maintenance - Buildings 35-620-5205-2050 $ 500 Revenues Friends of Mountain View FY23 35-620-5205-5205 500 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ( 2118261-4-e' — - City Clerk. _ PrPI-7/1w1, ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 20, 2023 Subject: Appropriation of additional funds from Fishburn Family Foundation Donation. Background: The donation received from the Fishburn Family Foundation was $50,500 instead of$50,000 as previously accepted. The original donation was accepted during the May 15, 2023 Council Meeting. Considerations: This funding will play a critical role in planning for the historical restoration efforts of the Fishburn Mansion. Recommended Action: Adopt the accompanying budget ordinance that appropriates an additional $500.00 and deposit it in account 35-620-5205-5250. Bob Cowell, City Manager Distribution: Council Appointed Officers Brent Robertson, Assistant City Manager/Director of Finance Angie O'Brien, Assistant City Manager Michael Clark, Director of Parks and Recreation r6`j - ;, 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 City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk June 22, 2023 Andy Gill, Board Member Parks and Recreation Foundation 215 Church Avenue, S. W., Room 303 Roanoke, Virginia 24011 Dear Mr. Gill: I am enclosing copy of Resolution No. 42689-062023 accepting and expressing appreciation for the donation of $12,000.00 from the Roanoke Parks Foundation to support the purchase of the portable climbing tower for Roanoke City Department of Parks and Recreation. The abovementioned measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, June 20, 2023, and is in full force and effect upon its passage. Sincerely, etd.d2;, goie-di Cecelia F. McCoy, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June 2023. No. 42689-062023. A RESOLUTION accepting and expressing appreciation for the donation of$12,000 from the Roanoke Parks Foundation to support the purchase of the portable climbing tower for Roanoke City Department of Parks and Recreation. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council accepts and expresses its appreciation for the donation of$12,000 from the Roanoke Parks Foundation to support the purchase of the portable climbing tower for Roanoke City Department of Parks and Recreation, all as more particularly described in the City of Roanoke Council Agenda Report, dated June 20, 2023. 2. The City Clerk is directed to forward an attested copy of this resolution to the Roanoke Parks Foundation. ATTEST: d-11;4r - City Clerk. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 20, 2023 Subject: Acceptance of a donation from the Roanoke Parks Foundation to be used to purchase a climbing tower for the Department of Parks and Recreation. Background: Formed in 2022 to support the Department of Parks and Recreation through private-sector investment, the Roanoke Parks Foundation contributed $12,000 toward the purchase of a 26- foot mobile climbing wall to be used during programs and events throughout the park system. The Roanoke Parks Foundation made the payment directly to the portable climbing wall vendor. Considerations: This donation will play a critical role in allowing the Department to continue offering experiential, adventure-based services to the youth in our community. Recommended Action: Accept the in-kind donation equivalent to $12,000 toward the purchase of the portable climbing tower. Bob Cowell, City Manager Distribution: Council Appointed Officers Brent Robertson, Assistant City Manager/Director of Finance Angie O'Brien, Assistant City Manager Michael Clark, Director of Parks and Recreation Patrick Boas, Recreation Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June 2023. No. 42690-062023. A RESOLUTION accepting the National Recreation and Park Association Mentoring for Youth Impacted by Substance Misuse Grant made to the City; and authorizing execution of any required documents on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the National Recreation and Park Association Mentoring for Youth Impacted by Substance Misuse Grant in the amount of$70,000 with no local match, such grant being more particularly described in the City Council Agenda Report dated June 20, 2023. 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 this 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 to implement and administer the foregoing Grant. ATTEST: 0,60--a-L0L City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June 2023. No. 42691-062023. AN ORDINANCE to appropriate funding from the National Recreation and Park Association for youth mentorship programs, amending and reordaining certain sections of the 2022-2023 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 2022-2023 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Program Activities 35-620-4373-2066 $ 70,000 Revenues National Recreation and Park Association Grant FY23 35-620-4373-4373 70,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: �- . WrZe---e-a-fr _ City Clerk. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 20, 2023 Subject: Acceptance and appropriation of the National Recreation and Park Association Mentoring for Youth Impacted by Substance Misuse Grant. Background: This grant will allow the Department to build upon our current programming by developing and implementing a mentoring program that promotes positive behavioral outcomes while also addressing substance misuse in our community. This mentoring program will be integrated into our existing youth and out-of-school time offerings, in addition to prospective mentoring opportunities outside of our current programs, including the After School P.L.A.Y. program. Considerations: This initiative will build upon the Department's effort to provide quality, safe programming for the City's young people. Recommended Action: Accept the grant totaling $70,000 from the National Recreation and Parks Association and adopt the accompanying budget ordinance. Bob Cowell, City Manager Distribution: Council Appointed Officers Brent Robertson, Assistant City Manager/Director of Finance Angie O'Brien, Assistant City Manager Michael Clark, Director of Parks and Recreation Patrick Boas, Recreation Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June 2023. No. 42692-062023. AN ORDINANCE to appropriate funding from the Commonwealth, federal and private grant for various educational programs, amending and re-ordaining certain sections of the 2022-2023 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 2022-2023 School Grant Fund Appropriations be, and the same are hereby, amended and re-ordained to read and provide as follows: APPROPRIATIONS Original Budget Changes Requested Final Budget Juvenile Detention Education Coordinators/Instructors 302- 110- 0000- 1070-316S-61100-41138- 9-09 $ 618,485.00 $ 10,258.00 $ 628,743.00 Retiree Health Credit 302- 110- 0000- 1070-316S-61100-42200- 9-09 7,478.34 - $ 7,478.34 Social Security/FICA 302- 110- 0000- 1070-316S-61100-42201- 9-09 50,143.37 - $ 50,143.37 Virginia Retirement System 302- 110- 0000- 1070-316S-61100-42202- 9-09 109,961.04 - $ 109,961.04 Health/Dental Insurance 302- 110- 0000- 1070-316S-61100-42204- 9-09 102,528.58 - $ 102,528.58 State Group Life Insurance 302- 110- 0000- 1070-316S-61100-42205- 9-09 8,783.28 - $ 8,783.28 Mileage 302- 110- 0000- 1070-316S-61100-45551- 9-09 5,000.00 - $ 5,000.00 Indirect Costs 302- 110- 0000- 1070-316S-61100-62000- 9-09 42,290.00 - $ 42,290.00 Related Services 302- 110- 0000- 1070-316S-61100-43313- 9-09 1,000.00 - $ 1,000.00 Instructional Supplies 302- 110- 0000- 1070-316S-61100-46601- 9-09 8,200.00 - $ 8,200.00 Internet Services 302- 110- 0000- 1070-316S-61100-45523- 9-09 11,800.00 - $ 11,800.00 Technology 302- 110- 0000- 1070-316S-61100-46650- 9-09 9,600.00 - $ 9,600.00 Child Development Clinics Education Coordinators 302- 110- 0000- 1070-316S-61100-41138- 9-09 227,318.00 - $ 227,318.00 Retiree Health Credit 302- 110- 0000- 1070-316S-61100-42200- 9-09 2,755.88 - $ 2,755.88 Social Security/FICA 302- 110- 0000- 1070-316S-61100-42201- 9-09 17,423.56 - $ 17,423.56 Virginia Retirement System 302- 110- 0000- 1070-316S-61100-42202- 9-09 37,853.55 - $ 37,853.55 Health/Dental Insurance 302- 110- 0000- 1070-316S-61100-42204- 9-09 39,808.43 - $ 39,808.43 State Group Life Insurance 302- 110- 0000- 1070-316S-61100-42205- 9-09 3,051.97 - $ 3,051.97 Other Social Worker 302- 120- 0000- 0050- 759S-61220-41134- 2-02 213,655.00 - $ 213,655.00 Social Security 302- 120- 0000- 0050-759S-61220-42201- 2-02 16,345.00 - $ 16,345.00 $ 1,533,481.00 $ 10,258.00 $ 1,543,739.00 REVENUE Original Budget Changes Requested Final Budget State Grant Receipts 302- 000- 0000- 0000-316S-00000- 32220- 0-00 $ 1,303,481.00 $ 10,258.00 $ 1,313,739.00 Other Agency Receipts 302- 000- 0000- 0000-759S-00000-33808- 0-00 230,000.00 - $ 230,000.00 $ 1,533,481.00 $ 10,258.00 $ 1,543,739.00 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 ROANOKE CITY La PUBLIC SCHOOLS June 20, 2023 The Honorable Sherman P. Lea Sr., Mayor And members of Roanoke City Council Roanoke, Virginia 24011 Dear Mayor Lea and Members of Council: As a result of official School Board action on Tuesday, June 13, 2023, the Board respectfully requests that City Council approve the following appropriation requests: Revised Appropriations Award State Operated Programs: Juvenile Detention Home and Child Development $10,258.00 Clinics 2022-23 New Appropriations Award Local Impact for Tomorrow(LIFT) Center 2022-23 Start on Success (SOS) $230,000.00 Program On behalf of the School Board, thank you for your consideration. Sincerely, ; Rita S. Huffman, M.Ed. School Board Clerk pc: Tim Spencer Bob Cowell Amelia Merchant Cecelia Webb Maryna Mabes Erik Reinartsen(w/details) Brent Robertson Eli Jamison, Chairperson • Joyce Watkins, Vice Chairperson Mary "Franny" Apel • Diane Casola • Mark Cathey • Michael Cherry II • Natasha Saunders Rita Huffman, Clerk of the Board www.rcps.info p: (540)853.2381 f: (540)853.2951 P.Q. Box 13145 Roanoke VA 24031 { ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 20, 2023 Subject: 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. Background: As the result of official Roanoke City School Board action on Tuesday, June 13 2023, the Board respectfully requests that City Council appropriate funding as outlined in this report. State Operated Programs: Juvenile Detention Home and Child Development Clinics 2022- 2023, constitutes educational services provided at the Roanoke Valley Juvenile Detention Home and the Virginia Department of Health's Roanoke Child Development Clinics. This appropriation of$10,258 aligns the total with the revised award amount of$1,313,739. The program will be fully reimbursed by state funds and will end March 31, 2023. This is a continuing program. The Local Impact for Tomorrow (LIFT) award represents funding provided by Carilion Medical Center to establish the Local Impact for Tomorrow (LIFT) Center at Fallon Park Elementary School. This includes among its purposes increasing access to clinical care, improving health conditions (including mental health), providing prevention and wellness services, and coordinating access to community resources for students and their family members. These funds will be used to help meet the needs of students who struggle with emotional and behavioral regulation by providing them with solution-focused, skill building support. This is a new award in the amount of $230,000. The award period will end June 30, 2024. 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. ,4401 Bob Cowell, City Manager N. Distribution: Council Appointed Officers Verletta White, Superintendent, RCPS Chris Perkins, Chief Operations Officer, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Deputy Director of Finance BID FORM LEASE OF AIR RIGHTS WITH CITY OF ROANOKE FOR PEDESTRIAN BRIDGE OVER A PORTION OF SOUTH JEFFERSON STREET,S.W. RESPONSIBILITY OF BIDDER: It is the sole responsibility of the bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the day and hour set for receipt of bids. No bids received after the day and hour designated for receipt of bids will be considered. BID DAY, HOUR, AND DELIVERY LOCATION OF BID: All bids are due on or before 4:30 p.m., local time, Tuesday, June 20, 2023, and all bids are to be delivered to the address listed below. The completed Bid Form, together with information requested in Attachment A and Attachment B, and any other documents the bidder wishes to submit, shall be enclosed in a sealed envelope and addressed as follows: Council of the City of Roanoke do Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke,VA 24011 Place in front lower left-hand corner of envelope and on the back of the envelope in bold letters the following title: Bid for Lease of Lease of Air Rights located in City of Roanoke Across a Portion of South Jefferson Street, S.W., with City of Roanoke, Not to Be Opened Until the City Council Meeting at 7:00 p.im. on June 20,2023. Date: June 16 ,2023. Carilion Medical Center, a Virginia nonstock corporation proposes and agrees, if its Bid (Legal Name of Bidder) is accepted, to enter into and be bound by the Lease of Air Rights located in City of Roanoke over a portion of South Jefferson Street, S.W. (the"Air Rights Lease"), a copy of which is on file in the Office of the City Clerk for the City of Roanoke, Room 456, Noel C. Taylor Municipal Building,215 Church Avenue, S.W.,Roanoke, VA 24011. Furthermore,the undersigned bidder warrants that it can and will comply with the provisions of the Air Rights Lease. Bid: Bidder agrees to pay the City of Roanoke ex1KXXXXXXXXXXixsixtp( 60) xlmalp th tcot X)egi&qx taco #izighlv a one-time payment in the amount of $ 500.00 ftlax iK xxxxxx ooxdirtg to the fottencioyaxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxA [Choose one] if its bid is accepted by City Council. Bid: Bidder agrees the rent payments will be paid in accordance with the schedule of payments set forth in Section 2 of the Air Rights Lease. 1 Bid Term: The term of the Air Rights Lease is sixty (60) years, commencing July 1, 2023 through June 30, 2083, or for such sixty-year term commencing as soon as all legal requirements have been met. Bid: Bidder submits the documentation described in the attached Exhibit A to describe its intended use and purpose of the air rights purpose if its bid is accepted by City Council. Bid: Bidder submits the following information in Attachment B to (i) demonstrate it has the ability, financial and otherwise, to perform its obligations under the Air Rights Lease, and (ii) demonstrate it has the character,judgment, integrity, experience, and reputation in conducting its business and performance of its contracts and agreements. Bid: Bidder agrees, if its bid is accepted, to execute, deliver, and perform all terms and conditions of the Air Rights Lease, a copy of which is on file in the Office of the City Clerk, Room 456,Noel C. Taylor Municipal Building,215 Church Avenue, S.W., Roanoke,VA 24011. Review of the Air Rights Lease, prior to the submittal date and time, is the responsibility of the Bidder. Bid: Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for this matter. Bid: Bidder acknowledges that this matter is subject to the provision of Section 15.2-2100, et seq, Code of Virginia (1950), as amended. Bidder acknowledges that the City has the right to reject any and all bids in accordance with Section 15.2-2100, et seq. The Bidder agrees, if its bid is accepted, to post a bond with surety in favor of the City as required by Section 15.2-2104, Code of Virginia (1950), as amended. The bond amount and bond form are subject to review final approval of the City of Roanoke, and the amount may be increased in such reasonable amounts from time to time as necessary to reflect market conditions. Consideration of all bids received shall be made in accordance with Section 15.2-2102, Code of Virginia,which provides, in part, as follows: The presiding officer shall receive recommendations from the staff relative to any bids received in advance and staffs recommendations, if any, on any bids received at the advertised council meeting. After such other investigation as the council sees fit to make,the council shall accept the highest bid from a responsible bidder and shall adopt the ordinance as advertised, without substantial variation,except to insert the name of the accepted bidder. However, the council, by a recorded vote of a majority of the members elected to the council,may reject a higher bid and accept a lower bid from a responsible bidder and award the franchise,right,lease,or privilege to the lower bidder,if, in its opinion, some reason affecting the interest of the city or town makes it advisable to do so,which reason shall be expressed in the body of the subsequent ordinance granting the franchise,right, lease or privilege. Please direct any questions or inquiries to Chris Chittum, Assistant City Manager, - Apprentice,at(540)853-2333 or chris.chittum@roanokeva.gov. 2 State bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation Commission(SCC),or the complete legal name of bidder if it is not a corporation. LEGAL NAME OF BIDDER: Carilion Medical Center,a Virginia nonstock corporation Byll>14** 1 TITLE: Secretary (Printed Title) Nicholas C. Conte (Printed Name) STREET ADDRESS: 213 Jefferson St., Suite 1600,Roanoke,VA 24011 MAILING ADDRESS: 213 Jefferson St., Suite 1600 CITY: Roanoke STATE: VA ZIP CODE: 24011 TELEPHONE: ( 540 ) 224-5063 FAX: ( 540 ) 981-7670 Bidder's SCC Identification Number: 00853481 3 ATTACHMENT A TO BID FORM FOR EASE OF AIR RIGHTS WITH CITY OF ROANOKE FOR PEDESTRIAN BRIDGE ACROSS SOUTH JEFFERSON STREET Information to describe Bidder's intended use and purpose of the air rights if its bid is accepted by City Council. For over a decade, Carillon Medical Center (Carilion) has been planning and is now implementing an expansion of Carillon Roanoke Memorial Hospital to ensure that the hospital will serve the needs of our region well into the future. Construction of the new Crystal Spring Tower has been progressing, with completion expected in early 2025. Among other departments, the Crystal Spring Tower will house Carillon's Cardiovascular Institute and its Emergency Department, the only Level 1 Trauma Center in our region. In November, 2019, the ordinance enacted by Council (No. 41623-111819) incorporated a pedestrian bridge and crosswalk over South Jefferson Street as part of the approved hospital expansion plan. This overhead bridge will provide a path for patients, visitors, and staff from the Crystal Spring Tower to the new parking garage across South Jefferson Street, now under development. This aerial pedestrian connector continues to be a critical element of the most recent amendment to Carillon's Institutional Planned Unit Development Plan, adopted by Council in 2022 (Ordinance No. 42423-081522). With the location and dimensions of the needed air space for the overhead connector now delineated, Carillon is prepared to enter into a 60-year air rights lease with the City of Roanoke. The legal description of the area subject to the air rights lease has been reviewed with and approved by the City's traffic professionals to ensure comfortable passage of vehicular traffic under the overhead connector. The proposed rent for the air rights lease takes into account the cost and value of the public infrastructure improvements provided by Carilion as part of the hospital expansion project, as summarized in the chart below (with data as of June 1, 2023): Description Cost %Complete Completed to Date Jefferson Street Corridor Demo Existing Curbs/Sidewalks $28,265.00 20% $5,653.00 Asphalt Pavement $159,008.00 20% $31,801.60 Asphalt Mill&Overlay $74,904.00 25% $18,726.00 Traffic Lines&Signage $7,875.00 Concrete Curb,Sidewalks,&Tree Grates $220,613.00 10% $22,061.30 Civic Plazas $66,220.00 Trees $4,050.00 Remove Existing 12"Waterline $20,475.00 100% $20,475.00 Remove Existing 16"Waterline $20,081.00 100% $20,081.00 Storm Inlet DI&Piping $14,625.00 Electrical Improvements $995,625.00 100% $995,625.00 McClanahan Street Corridor New Waterlines $222,850.00 100% $222,850.00 Asphalt Milling&Repaving $55,939.00 Traffic Line Painting $3,500.00 TOTAL VALUE OF WORK $1894,03000 j $1, ,212: 4 With updates in research, technology and treatment driving improvements in medical services, the new facilities under development will allow Carilion and its dedicated professionals to continue to provide state-of-the-art medical care to our community. 5 ATTACHMENT B TO BID FORM FOR EASE OF AIR RIGHTS WITH CITY OF ROANOKE FOR PEDESTRIAN BRIDGE ACROSS SOUTH JEFFERSON STREET Bidder submits the following information to (i) demonstrate it has the ability, financial and otherwise, to perform its obligations under the Air Rights Lease, and (ii) demonstrate the bidder's character,judgment, integrity, experience, and reputation in conducting its business and performance of its contracts and agreements. From its beginnings in 1899 as a small hospital at the base of Mill Mountain, Carillon Roanoke Memorial Hospital has developed and redeveloped its campus in order to meet the medical needs of each generation. Obtaining and maintaining the financial resources necessary to meet those medical needs continues to be a critical element of our commitment to the region. Carilion Clinic continues to maintain a very strong credit rating with affirmations by Moody's and S&P of its current rating in May and March of this year, respectively. S&P currently rates Carillon a AA- credit with a stable outlook and Moody's currently rates Carillon a Aa3 credit with a stable outlook. Both ratings put Carilion in the very low credit risk category as shown in the table below: Rating grade S&P Moody's description (Moody's) AAA Aaa Minimal credit risk AA+ Aa 1 AA Aa2 0 Very low credit risk AA- Aa3 `v) A+ Al A A2 B Low credit risk A- A3 BBB+ Baal BBB Baa2 Moderate credit risk BBB- Baa3 BB+ Bal Substantial credit BB Ba2 risk BB- Ba3 B+ B1 g B2 . High credit risk B- B3 rn CCC+ Caal CCC Caa2 Very high credit risk CCC- Caa3 5 CC Ca n In or near default, C cn with possibility of recovery SD C In default with little D chance of recovery 6 a In addition to this strong credit rating, Carilion maintains substantial financial resources including assets of over $3.1 billion. In 2020 and 2021, Carilion completed two financing transactions which provided proceeds totaling $300 million to support the current hospital expansion project, which includes the construction of the bridge and crosswalk over South Jefferson Street, which is the subject of our bid. The City of Roanoke is familiar with Carillon as the tenant under another 60-year lease. In 1999 the City granted Carilion a 60-year lease of airspace over Crystal Spring Avenue S.W. for a one- time rent payment of $200 in order to extend a parking deck. (Ordinance No. 34252-050399). That lease allowed Carillon to develop much-needed parking in the vicinity of the hospital. We appreciated that good relationship and look forward to receiving the right to lease designated airspace over South Jefferson Street provided by this bid process. 7 \i' 'i,. 0 < �� Ul = ....).3rri 9 v., &,_ ! � . V) 'T 0�' C .... n . -r) = = (4 CD 7:::\14., , .11.,.'2 Al.pk. _ . :,i, }} f r \ f t t A.M. 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( a —• a n N D ^^ m < n O 0 • O CD con , n CDm 0 o . oaZ O ^ -• D -1 N (111 4°4111111INVI‘ EVANS SPRING Y� 4 S � �'z b Tk i # b: ,t. - g a cs TT .. . . --,x, -,---'4,--'4.--%:!..,.: ir4Ar..4. -.,,,',-,-4..;',,ii,t' --- .- ., . , :mow- -`• �tip,».a,.. ... tie.... 4 V 4 4iir . „,, sr- 1110. .,,..1 ,,.... ...v ,... 0. 4i 1 cr? i • \..1 D O W N TOWN AND CHARRETTE ASSOCIATES ECON EVANS SPRING — COMMUNITY ENGAGEMENT UPDATE Community engagement for the Evans Spring project was coordinated by Downtown Economics, LLC of Richmond, Virginia. Downtown Economics engaged the services of Community Engagement and Charrette Associates ("CE&CA") of Richmond, Virginia. The principal of Downtown Economics is also a partner in CE&CA. THE PROCESS CE&CA employed several tools to gather information from the public: An online survey Several focus groups Key informant interviews Door-to-door interviews Hard copy surveys distributed through the community and at meetings Drop boxes for the hard copy surveys Telephone voice mail line March 9 community meeting with nine focused discussion tables It is important to note that while the online survey uncovered a significant amount of data, the CE&CA team was able to garner in-depth information from focus groups, key informant interviews and one-on-one interviews, as those formats allowed for follow-up discussions and interviews. While this process was a successful and informative community engagement launch, the CE&CA team recommends the development and implementation of an ongoing community engagement effort. This will serve to gain additional citizen input on the Evans Springs project, but also on several other city programs and projects as well. une 20, 2023 Page 1 EVANS SPRING— COMMUNITY ENGAGEMENT UPDATE ONLINE G SURVEY G RESPONSES: 04 350 4111114PLNr. EVANS SPRING Roanoke Area-66% SW VA-15% 21-30 Over 61 12.9% LOCATION Maryland-lo% 23.5% Richmond-4% Other VA-3% 50 Other States-2% AGE GROUP RACIAL IDENTITY 31.40 25% 5160 24.4% 14.1% MILT.III 1/kr7 41-50 0 20% O Ga c4r Median Age=44 kt4 P Key Informant Interviews, Focus Groups and Door-to-Door Surveys We conducted 8 focus groups At the March 9 community meeting,there were 9 focused table discussions We conducted 16 door-to-door, one-on-one discussions WHAT DID WE HEAR? Addressing natural habitat AHousing ora Commercial development ,w4i Recreation ifT Traffic une 20, 2023 Page 2 EVANS SPRING — COMMUNITY ENGAGEMENT UPDATE Addressing Natural Habitat Preserve Preserve the tree canopy Protect Protect wildlife Protect and Protect and preserve the waterway (especially Lick Run) preserve Protect Protect the floodplain Housing (dit 161\ Create ecologically-friendly Create small foot-print homes— affordable housing not highrise apartments (senior housing in particular mentioned frequently) Commercial Small,locally owned Restaurants,ice cream shop, businesses/entrepreneurship etc. opportunities Neighborhood grocery store Theatre une 20, 2023 Page 3 EVANS SPRING — COMMUNITY ENGAGEMENT UPDATE Recreation Walkable environment/walking paths/exercise pathways Nature center,some efforts to provide clean drinking water Natural swimming area Develop park and trails that connect directly to and from the neighborhood Child/adult/senior activities within the park Traffic c 9 DIRECT TRAFFIC AWAY NO LINK FROM 581 INTO REPAIR ROADWAYS FROM NEIGHBORHOOD THE NEIGHBORHOOD Opposition to Development Significant opposition to development was expressed at the March 9 community meeting There were some groups that are opposed to commercial development on the site Some individuals followed up with telephone calls to the community engagement team to express concern about development une 20, 2023 Page 4 • EVANS SPRING — COMMUNITY ENGAGEMENT UPDATE Specific Recommendations Neighborhood store like in Crystal Springs [https://csgrocery.com/] Develop small housing with front porches & sized for families of four such as Rural Studio in Louisiana (located at Auburn University) [http://ru ralstudio.org/about/contact/] • Create natural pools such as Berkley Springs WV [https://berkeleysprings.com/] Build any new commercial development at the uncompleted Top Hill Site Non-negotiables Do not Do not create a link from 581 into the neighborhood Do not Do not take any housing from current neighborhood residents Do not Do not run traffic through neighborhood Create Create strategies to mitigate gentrification une 20, 2023 Page 5 EVANS SPRING— COMMUNITY ENGAGEMENT UPDATE IMPORTANCE OF ONGOING ENGAGEMENT The CE&CA team heard from a wide cross section of Roanoke citizens and endeavored to ensure all voices were heard and given equal weight. However, as previously noted, it is recommended that an ongoing engagement effort for Evans Spring and other projects be developed. We have provided some links that may be of assistance in the development of a meaningful community engagement program. Community Collaboration and Trust Building — Next Steps Building upon the established structure identified as the Roanoke Neighborhood Alliance (RNA).create a facilitated "top down/bottom up"process whereby neighborhood leaders work hand in hand with city leaders to share information,ideas and opportunities related to decisions,projects and programs that impact the city and its distinct neighborhoods. Create a specific,time-bound model of communication and engagement led by a diverse body comprised of neighborhood/civic/faith leaders and city and business leaders. Train city staff and RNA leaders in collaborative leadership models that work: • Kettering Community Involvement (https://www.kettering.edu/campus/community-involvement) • Local Initiatives Support Corporation GO Neighborhoods (www.Iisc.org/houston/where-we-work!) • The Asset Based Community Development Institute at DePaul University(https://resources.depaul.edu/abcd- institute/pagesldefault.aspx • Neighbor Works America(www.neighborworks.org) une 20, 2023 Page 6 de ,,,� CITY OF ROANOKE fi. t�syt OFFICE OF THE CITY CLERK Y{ " 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 kiatO Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk June 22, 2023 Edward S. Moore, President Walker Machine and Foundry Corporation P. O. Box 4587 Roanoke, Virginia 24015-0587 Dear Mr. Moore: Enclosed is a copy of Ordinance No. 42693-062023 permanently vacating, discontinuing and closing an approximately 20 foot wide alley that extends southwest from Russell Avenue, S.W., along the eastern boundary of Official Tax Map No. 1420815 and along the western boundary of Official Tax Map Nos. 1420834, 1420833, 1420832, 1420831, 1420830, and 1420829, and extending west along the northern boundary of Official Tax Map No. 1420828 to terminate at a line perpendicular to the remaining alley extending from the northwest corner of Official Tax Map No. 1420828 to the southern corner of Official Tax Map No. 1420815 The abovementioned measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, June 20, 2023, and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission Brenda Hamilton, Clerk of Circuit Court Becky Collier, Chief Deputy Court Clerk Adjoining Property Owners and Interested Parties June 22, 2023 Page 2 pc: Hitman Innovations Group LLC 1305 Sorenson Circle Mesa, Arizona 85203 Walker Machine & Foundry Corp P 0 Box 4587 Roanoke, Virginia 24015 Parkway Holdings LLC 410 First Street, SW Roanoke, Virginia 24011 Claude N. Smith 2306 Liberty Road, NW Roanoke, Virginia 24012 Jessie T. Jr and Belinda S. Triplett P O Box 6008 Roanoke, Virginia 24017 Trs Woodside Presbyterian Church 2321 Roanoke Avenue, SW Roanoke, Virginia 24015 Trustee Under The Amended And Restated El. Virginia B Bowling Revocable 1028 Goodland Drive, NE Roanoke, Virginia 24012 PUBLIC RIGHT OF WAY LOCATED ADJACENT TO OFFICIAL TAX MAP NOS. 1420815, 1420828, 1420829, 1420830, 1420831 1420832, 1420833,and 1420834 PROPERTY OWNER: CITY OF ROANOKE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June 2023. No. 42693-062023. AN ORDINANCE permanently vacating, discontinuing and closing an approximately 20 foot wide alley that extends southwest from Russell Avenue, S.W., along the eastern boundary of Official Tax Map No. 1420815 and along the western boundary of Official Tax Map Nos. 1420834, 1420833, 1420832, 1420831, 1420830, and 1420829, and extending west along the northern boundary of Official Tax Map No. 1420828 to terminate at a line perpendicular to the remaining alley extending from the northwest corner of Official Tax Map No. 1420828 to the southern corner of Official Tax Map No. 1420815, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Charles Kostelni 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, this application was filed April 20, 2023; 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; 1 WHEREAS, a public hearing was held on such application by City Council on June 20, 2023, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situated in the City of Roanoke, Virginia, and more particularly described as follows: Approximately 3,229 sq. ft. portion of a 20 foot wide alley that extends southwest from Russell Avenue, S.W., along the eastern boundary of Official Tax Map No. 1420815 and along the western boundary of Official Tax Map Nos. 1420834, 1420833, 1420832, 1420831, 1420830, and 1420829, and extending west along the northern boundary of Official Tax Map No. 1420828 to terminate at a line perpendicular to the remaining alley extending from the northwest corner of Official Tax Map No. 1420828 to the southern corner of Official Tax Map No. 1420815. 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 2 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-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. 1. 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, dedicate property for a turnaround, as detailed in the application, to the City of Roanoke as public right-of-way, 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 Roanoke Gas and the Western Virginia Water Authority utilities along the full length of the vacated right-of-way. 2. 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. 3 CITY COUNCIL AGENDA REPORT ,tt To: Honorable Mayor and Members of City Council Meeting: June 20, 2023 Subject: Application from Ed Moore representing Walker Machine and Foundry Co. to vacate a portion of 20 foot wide alley that extends southwest from Russell Avenue SW along the eastern boundary of Official Tax Map No. 1420815 and along the western boundary of Official Tax Map Nos. 1420834, 1420833, 1420832, 1420831 , 1420830, and 1420829, and extending west along the northern boundary of Official Tax Map No. 1420828 to terminate at a line perpendicular to the remaining alley extending from the northwest corner of Official Tax Map No. 1420828 to the southern corner of Official Tax Map No. 1420815. Summary: By a vote of 5-0, with Commissioners J. Smith and P. Smith absent, the Commission recommends approval with conditions for the vacation of the undeveloped 20-foot-wide alley extending southwest from Russell Avenue SW along the eastern boundary of Official Tax Map No. 1420815 to terminate at a line perpendicular to the remaining alley extending from the northwest corner of Official Tax Map No. 1420828 to the southern corner of Official Tax Map No. 142081 5. The Commission finds that the vacation would not create an inconvenience to the public and the application is consistent with the City's Comprehensive Plan and the Norwich Neighborhood Plan. The proposed vacated section of right-of-way will be incorporated into the adjoining properties. A new turnaround has been established and will be dedicated to the City as right-of-way. Application Information: Request: Vacate a portion of undeveloped alley extending southwest from Russell Avenue SW Applicant: Ed Moore City Staff Person: Karl Kleinhenz, City Planner II Official Tax Nos.: Adjacent to Official Tax Map Nos. 142081 5, 1420834, 1420833, 1420832, 1420831 , 1420830, 1420829, and 1420828 Site Area: 3,229 square feet Relevant Plans: Norwich Neighborhood Plan, 2003 Filing Date: April 20, 2023 Public Notification and Outreach • Roanoke Times Legal Advertisement (runs two-consecutive Tuesdays) Required Public Notice - • Letters to Property owners abutting subject State of Virginia Code property (includes across street/alley) • Direct notice by mail includes neighboring localities if applicable Required Public Notice - • Posting a sign on the subject property with City of Roanoke Zoning hearing date and contact for additional Code information • Posting applications - applications received are posted on the PBD Board & Commission page, providing instant access to the full application and supporting documentation • CivicSend Notices - Email notification subscription to share information with citizens and stakeholders according to PBD Outreach Beyond their preferences. Land Use Applications State/City Code touch the inbox of subscribers at least 2 Requirements times - 1 ) Application filed; 2) Agenda and Staff Report Posting; 3) Amended Information, if applicable • Neighborhood Leaders and Civic Stakeholders Email Notice - Direct email to leaders to share information; coincides with CivicSend Notices • CivicSend Notices for land use applications typically reach more than 1 ,800 subscribers • All applicants are strongly advised to PBD Recommended discuss project with area neighborhood Applicant Outreach organizations and/or civic leagues and adjoining property owners and/or tenants Applicant Outreach • Unknown Background: The proposed vacated alley intersects with a developed alley that extends east from Irvine Street SW. The Irvine Street alley serves the residential properties along Penn Street SW and Roanoke Avenue SW and is used for solid waste 2 pickup. The surfaced alley ends at the proposed vacated portion, and then turns northeast towards Russell Avenue SW. There is an informal alley that is regularly used to connect the Irvine Street alley to Bridge Street SW. This informal alley crosses some portion of three parcels that are privately owned by the Walker Machine and Foundry Company. The applicant is requesting to vacate an unused portion of the alley to maximize development potential. This vacation was approved when Ordinance #4201 5-031 521 was passed by City Council on March 15, 2021 . The applicant failed to fulfill the conditions of Ordinance #4201 5-031 521 by not recording a plat within the given timeframe. Therefore, the Ordinance is null and void and the applicant must re-apply. The applicant has installed a "T" turn around at the end of the developed portion of the alley and intends to dedicate right of way around it, along with dedicating easements to Roanoke Gas Company and Western Virginia Water Authority for utility purposes. The applicant chose to offset the valuation of the land, valued at $5,546, with improvements made within the public right-of-way, per Ordinance #4201 5-031 521 that were approved by the Agent for the Planning Commission and executed through a memorandum of understanding between the applicant and the City of Roanoke, by installing the above-mentioned turnaround. 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 all but the southwest end of the proposed vacated alley is undeveloped. The alley heading east from Irvine Street SW dead ends as the actual right-of-way heading northeast is not surfaced, and the informal alley heading east encroaches across private property. In actuality, the vacation would not cause change to the public accessibility; however, the change would prevent the future development of the alley as it heads northwest. For that reason, the City's Transportation Division has asked that the applicant create a turnaround or otherwise remedy the dead-end closure being created by this vacation. The application has agreed to develop and dedicate a turnaround as detailed in the sketch submitted as part of the application. The applicant has developed the turnaround per the previous application and will dedicate the right of way with the recording of the required plat. Impact of Street Vacation to Public Services: The proposed vacation does not impact the pickup of solid waste and recycling as the trucks currently back in to the alley and pull forward to avoid trespassing on the private property. 3 The proposed vacated alley does contain a main gas line and a sewer line that serves other properties. Both utilities have asked that a 20-foot easement be placed on the 20-foot alley once it is vacated. The applicant has agreed to this condition. Easements will be dedicated with the recording of the required plat. Consistency with Comprehensive Plan: The City's Comprehensive Plan states that Roanoke will have a sustainable, diverse economic base and support revitalization of underutilized commercial and industrial sites. The proposed alley vacation will help the redevelopment of the former industrial property and the surrounding vacant parcels. The Norwich Neighborhood Plan calls for supporting Village Center development along Bridge Street. The proposed alley vacation and proposed redevelopment is consistent with this policy and may help support future development containing both residential and neighborhood commercial development. Policy/Action Plan Applicability to matter Village Center Norwich The vacation will allow for a development should be Neighborhood potential redevelopment project encouraged on Bridge Plan ', Page 27 that may bring both neighborhood Street between Russell commercial and new residential and Roanoke avenues. development to the area. • Comments on Application: Public Utilities: Roanoke Gas and the Western Virginia Water Authority have lines that would be affected and have requested a 20-foot easement placed on the right-of-way once vacated. The applicant has agreed to this condition. Cox Cable was amenable to the vacation. No comments were received from Appalachian Power Company and Verizon. City Departments: All City Departments are amenable to the vacation. Planning Commission Work Session: No comments. ' Norwich Neighborhood Plan, City of Roanoke, 2003 4 Public Comments: No public comments have been received. Public Hearing: No comments were received. Conclusions and Recommendations: The application is consistent with the City's Comprehensive Plan and the Norwich Neighborhood Plan and would not create an inconvenience to the public. Staff recommends vacation of the right-of-way as requested subject to the following conditions: 1 . 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, dedicate property for a turnaround, as detailed in the application, to the City of Roanoke as public right-of-way, 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 Roanoke Gas and the Western Virginia Water Authority utilities along the full length of the vacated right-of-way. 2. 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. 3. 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. 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. 5 Respectfully submitted, SaAJ, 4 lip Sarah Glenn, Chair City Planning Commission Distribution: Robert S. Cowell, _Jr., City Manager W. Brent Robertson, Assistant City Manager Gillian Papa Moore, Acting Director Planning Building & Development Katharine Gray, Planning Commission Agent Timothy Spencer, City Attorney Laura Carini, Senior Assistant City Attorney Edward S. Moore, CEO, Walker Foundry 6 PrO%142,, APPLICATION _IOW STREET OR ALLEY VACATION ROANOKE Date: April 20, 2023 To: Office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. k= Roanoke, VA 24011 > ° Phone: (540) 853-2541 Fax: (540) 853-1145 All submittals must be typed and include all required documentation and a check for the filing fee. Application is hereby submitted for street or alley vacation for the property located at: This same location was previously approved for closure, reference Ordinance No. 42015-031521 which expired without being recorded. The location and description of Main alley: The main alley runs parallel to Penn Street and Roanoke Avenue at Bridge Street. Proceeding Eastward from Irvine Street, the alley turns Northward and then terminates at Penn Street. The alley section for vacation runs on the Westerly side along Tax Map parcel 1420834 and on the Easterly side along Tax Map parcel 1420815. This turned section running North and South is for vacation. Proposed use of vacated street or alley: Walker intends to promote the property for community residential or other development along the Greenway and Roanoke River. Name of Applicant/Contact Person: E.S. Moore Mailing Address: Walker Machine and Foundry Corp. Roanoke,Va. 24015 Telephone: 540-871-3310, E-mail: 540-344-6265. esmooreawalkerfoundrv. corn Applicant(s) signature(s): Walker Machine and F undry Corporation a-k,u-(40 S. By Edward S. Moore, President NOTES: 1.THIS SKETCH HAS BEEN PREPARED FROM EXISTING RECORDS. Parcel Line Table 2.OWNER:WALKER MACHINE AND FOUNDRY CORP. LOTS 17&18 BLOCK 7 ROANOKE DEVELOPMENT CO.SEC 3-T.M.F1420815 LOT 35 SEC.3 BLOCK 7 ROANOKE DEVELOPMENT CO.-T.M.i1420828 ^ g39'9p Line / Length Direction LOT 36 SEC.3 BLOCK 7 ROANOKE DEVELOPMENT CO.-T.M.41420829 Z \ N. QGro. 3.T.M.#1420828&1420829 ARE ZONED CN. T.M.#1420815 IS ZONED RM-1.BOTH REQUIRE L1 31.96 N13'43' 30.00"W A MINIMUM OF 5,000 S.F.LOT SIZE. de' 4.THIS SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE 7 \ L2 31.96 N76'16' 30.00"E A SUBDIVISION PER THE CITY OF ROANOKE SUBDIVISION ORDINANCE.A FUTURE PLAT / WILL BE REQUIRED TO SUBMIT TO THE CITY FOR FORMAL REVIEW AND APPROVAL / L3 25.00 N13'43' 30.00"W 0 ONCE AN ORDINANCE HAS BEEN ENACTED. o /T.M. #1420814 y ,O Ld 20.00 514'28' 11.00"E V Al rtP F'' L5 6.16 N76'16' 30.00"E .-c o w 0 V a o o rz `� 'So, s�P�� L5 19.73 521'59' 30.00"W ¢Z 6 id lulu Y Z Y Z 3 p^�'� to %Tc� u- =0 �0¢0 '+ Fj' L7 15.00 N68'00' 30.00"W u-O'6-o m w 5 \ �^ 7,588 S.F.(NEW)0815 ' 'oe�o LB 9.99 N76'16' 30.00"E w eta p 24. Z o I .w T O \ \ 0 A0�, L9 8.58 S21'59' 30.00"W F Z , ? a Q 5 21'59'30"W 144.10' q_ F 12 O X' m.Z¢ ¢w W Z^LL \ ' G i ©�`' \ L10 11.00 N40'48' 19.00"W 03Vgz,,F<sp Os0LB �Oia L11 90.95 S40'48' 19.00"EwQ�oE��¢�"' toL9 (S5" (135.18) Q1zr 1g�� 0 S 21"59'30"W 160.16'TOTAL 4-9 L12 20.16 S21'59' 30.00"W he§<a °o. / �,'�© L13 20.16 N76'16' 30.00"E 3Nm< • 1g. tri / Co 1- .gg� ,r'''`r w z m in $ o PI" T.M. #1420828 / w a_ < a m PORTION OF EXISTING 20' Z PUBUC ALLEY TO BE VACATED 41� o '� 'm'1 m AND COMBINED WITH T.M. /1420815 {A g ? co 1BOUNDEDTHROUGH BY CORNERS 1 THROUGH 5 TO 1,INCLUSIVE 1111111 vo,�,,,, T.M.#1420829 co 3,229 S.F. C2 �io• NEW TURN-A-ROUND TO - � - -L_ - L - - , BE DEDICATED TO THE CITY OF n arker ROANOKE FOR STREET PURPOSES rDESIGN GROUP C1 ® - - BOUNDED BY CORNERS ENGIMERS ,SU,,VEYa„1 L12 2 TO 6 THROUGH 11 TO 2, INCLUSIVE 'WNW•wmSCAKAROVECIS BRIDGE STREET 954 S.F. (: NIbo3125 OP 70'RCN2122 Carolina Ave,SW Roanoke,VA 24014 Curve Table Ph:S40-387-1153 30' O' 30' 6D' Curve / Length Radius Delta Chord Direction Chord Length1" m 30'����� s 1915-B W.Cary Street C2 37.75 80.00 27.04 N61'59' 50"E 37.40 GRAPHIC SCALE Richmond,VA 23220 2.111121 ¢ Phone,804-358-2947 '�./ ,l0 Cl 37.75 80.00 27.04 N34'57' 37"E 37.40 yD 8UR!1E www.parkerdg.com iii J .. p#'L�ffi`SSb i6' - . 4 �5� _ .. j- ._ �- - 3 s � - a j •- % , '' ' „ .a er .. —, E tiger .r. g t a - yr ,fir ' - .k, eq - ' , ,A',-e t,.:'� ' - ,z' --- -- - rt �'r - A e Walker Foundry Alley Map 4 it* „- ,t'-: .. ,---ij. n _ 1420. * - Xr ii ,, , Ili It 111 kkgs. J - J . ii _ 0 ''') - T7'-- '=',Cy--' ::: t-'.'' ...g37".„,,,--. a , . ,.,,,,,,,, ,, - imp co ___L • ._,,,,, , ,,... , - = ..,,-= ,„ .i.:,-,:iil ..",.i,, , ----z-.-,-:--,-, - - - ' - c5) ';‘, .,- -:-.:1,------.---2.-',•1:-:611,ki....:44-,'...-,7'44:- - ' 4. —at 4 0— 1:1,066 April 26,2023 0 0.01 0.01 0.02 mi 0 0.01 0.02 0.04 km Gilt'of Roanoke The Roanoke Times Account Number Roanoke,Virginia 6011439 Affidavit of Publication Date CITY OF ROANOKE-PBD June 06,2023 Attn TINACARR 215 CHURCH AVE ROOM 166 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 06/15/2023 Legal Notices PUBLIC HEARING 2 x 8.00 IN 2,693.40 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 was published in said newspapers on the following dates: 05/30,06/0612023 The First insertion being given... 05/30/2023 Newspaper reference: 0001424022 Billing Repres tative Sworn to and subscribed before e this 6th Day of June 2023 RECEIVED Notary Public JUN 14 REM) State of Virginia Richard A.ry Public CITY Ct ROANOKECounty of Hanover PLANNING BUILDING h DEVELOPMENT Commonwealth of Virginia My Commission expires _Notert041 Commis .an 31,2024 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE My 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.All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. My applications will be digitally available far review online at httos!/roanokeva.aov2019/Commissions or may be obtained digitally by emailing planninoOroanokeva.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,June 9,2023. Cecelia E McCoy,CMC,City Clerk The City of Roanoke Planning Commission will hold a public hearing on June 12,2023,at 1:30 p.m..or as soon thereafter as the matter may be heard,to consider the following matter.All persons wishing to address the Planning Commission must sign-up with the Secretary to the Planing Commission by emaling planningeroanokeva.cov or by calling (540)853-1330 by noon, June 7, 2023. Written comments of interested persons will be received by the Secretary to the Planning Commission at pl ning®roanokeva.gov by noon,June 7,2023. Application from Ed Moore representing Walker Machine and Foundry Co.to vacate a portion of 20 foot wide alley that extends southwest from Russell Avenue SW along the eastern boundary of Official Tax Map No.1420815 and along the western boundary of Official Tax Map Nos. 1420834,1420833, 1420832, 1420831.1420830.and 1420829, and extending west along the northern boundary of Official Tax Map No.1420828 to temlinate at a line perpendicular to the remaining alley extending from the northwest corner of Official Tax Map No.1420828 to the southern corner of Official Tax Map No.1420815. Tina M.Carr,Secretary,City Planning Commission City Council will hold a public hearing on the aforesaid matter on Tuesday June 20.2023.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 Buildng,215 Church Avenue SW,Roanoke,Virginia. Citizens are advised that the date on which the matter will be heard is a departure from the usual date on which such matters are heard by Council. All persons wishing to address City Council may sign-up online at www.roenokeva.gov/council. In order to s9gn 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 June 20,2023.In the event the public hearing is conducted by electronic communication means due to the COVID-19 pandemic disaster,you wit be notified by the City Clerk's Office.For further information, you may contact the Wee of the City Clerk at (540)853-2541. Cecelia E McCoy,CMC,City Clerk The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter,please let us know at least 24 hours in advance by calling (540)853-1283. La Ciudad de Roanoke proporciona interpretation sin costo por Codas cites nablicev,previa solicitud.Si usted desea soltcitar un interprets,' haganoslo saber con al menos 24 horas de antelacian por ilamar (540)853-1283. Jill la Roanoke inatoa huduma ya ukali rani bile malipo katika mikutano yote ya umma, inapoonbwa. Iwapo ungependa kuomba mkaimani,tafadhali tuluishe angalau sea 24 kabla kwa kupiga simu (540)853-1283. :.+tr+e.Y- .) ,10.1 .loll'1,1 i J r'�i.On)833.1233 Jr* Jlsrtl.i::.+✓'+=J-. PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, Fourth Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. 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 planning(c/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, June 9, 2023. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Planning Commission will hold a public hearing on June 12, 2023, at 1:30 p.m., or as soon thereafter as the matter may be heard, to consider the following matter. All persons wishing to address the Planning Commission must sign-up with the Secretary to the Planning Commission by emailing planningi,roanokeva.gov or by calling (540)853-1330 by noon, June 7, 2023. Written comments of interested persons will be received by the Secretary to the Planning Commission at planning(/roanokeva.gov by noon, June 7, 2023. Application from Ed Moore representing Walker Machine and Foundry Co. to vacate a portion of 20 foot wide alley that extends southwest from Russell Avenue SW along the eastern boundary of Official Tax Map No. 1420815 and along the western boundary of Official Tax Map Nos. 1420834, 1420833, 1420832, 1420831, 1420830, and 1420829, and extending west along the northern boundary of Official Tax Map No. 1420828 to terminate at a line perpendicular to the remaining alley extending from the northwest corner of Official Tax Map No. 1420828 to the southern corner of Official Tax Map No. 1420815. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matter on Tuesday, June 20, 2023, 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 this matter will be heard is a departure from the usual date on which such matters are heard by 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 June 20, 2023. 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 provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling (540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas piiblicas, previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelacion por llamar (540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu (540) 853-1283. s\ ur° cs-""' J jy 4u jte vl J9 ur09° "1..4 4-4A Ljl y, ,..,g ,� )y+a )� 9'S_J y�l L.2liy��U I-4(540) 853-1283 24 Please publish in newspaper on Tuesday, May 30, 2023, and Tuesday, June 6, 2023. Please bill and send affidavit of publication by USPS and via email to: Tina M. Carr Secretary to the Planning Commission Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 540/853-1730 tina.can-(i/joanokeva.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 susie.mccoy(,roanokeva.gov ' - t‘: ': CITY OF ROANOKE AA.'l >; OFFICE OF THE CITY CLERK r 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 " 4v Telephone: (540)853-2541 � Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA CMC Deputy City Clerk City C Clerk lerk June 6, 2023 Edward S. Moore, President Walker Machine and Foundry Corporation P. O. Box 4587 Roanoke, Virginia 24015-0587 Dear Mr. Moore: A public hearing has been advertised to be heard by the City Planning Commission on Monday, June 12 at 1:30 p.m. in regard to a request from Ed Moore representing Walker Machine and Foundry Co. to vacate a portion of 20 foot wide alley that extends southwest from Russell Avenue, S.W. along the eastern boundary of Official Tax Map No. 1420815 and along the western boundary of Official Tax Map Nos. 1420834, 1420833, 1420832, 1420831, 1420830, and 1420829, and extending west along the northern boundary of Official Tax Map No. 1420828 to terminate at a line perpendicular to the remaining alley extending from the northwest corner of Official Tax Map No. 1420828 to the southern corner of Official Tax Map No. 1420815 (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, June 20 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, June 12. 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, 1.(-11,- CAtLar Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission b Asz g ilbCITY OF ROANOKE Air"!i le"< ; OFFICE OF THE CITY CLERK 1 t; 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 } Telephone: (540)853-2541 f Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA Clerk CMC Deputy City Clerk City Clerk June 6 2023 RUTH VISUETE PEREZ e Assistant Deputy City Clerk Dear Ladies and Gentlemen: A public hearing has been advertised to be heard by the City Planning Commission on Monday, June 12 at 1:30 p.m. in regard to a request from Ed Moore representing Walker Machine and Foundry Co. to vacate a portion of 20 foot wide alley that extends southwest from Russell Avenue, S. W. along the eastern boundary of Official Tax Map No. 1420815 and along the western boundary, and extending west along the northern boundary to terminate at a line perpendicular to the remaining alley extending from the northwest corner to the southern corner. (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, June 20 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 Tuesday, June 20, 2023. 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 c: Tina Carr, Secretary to the City Planning Commission Adjoining Property Owners and Interested Parties June 6, 2023 Page 2 pc: Walker Machine & Foundry Co P O Box 4587 Roanoke, Virginia 24015 Hitman InnoVirginiations Group LLC 1305 Sorenson Circle Mesa, Arizona 85203 Walker Machine & Foundry Corp P O Box 4587 Roanoke, Virginia 24015 Parkway Holdings LLC 410 First Street, SW Roanoke, Virginia 24011 Claude N. Smith 2306 Liberty Road, NW Roanoke, Virginia 24012 Jessie T. Jr and Belinda S. Triplett P 0 Box 6008 Roanoke, Virginia 24017 Trs Woodside Presbyterian Church 2321 Roanoke Avenue, SW Roanoke, Virginia 24015 Trustee Under The Amended And Restated El. Virginia B Bowling Revoc able 1028 Goodland Drive, NE Roanoke, Virginia 24012 2C - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE exempting from real estate property taxation certain real property, located in the City of Roanoke owned by PCC Land Company, LLC ("Applicant"), whose sole member is Presbyterian Community Center, Inc., a Virginia non-stock, non-profit corporation,devoted exclusively to charitable or benevolent purposes on a non-profit basis;providing for an effective date,and dispensing with the second reading of this Ordinance by title. WHEREAS, the Applicant has petitioned Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on June 20, 2023; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by Council; WHEREAS,the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, at 1202 Jamison Avenue, S.E., Roanoke, Virginia (Tax Map #4120514), and 0 Jamison Avenue, S.E., Roanoke, Virginia (Tax Map #4121009), the ("Real Property"), and owned by the Applicant, which shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge, in an amount equal to twenty percent (20%) of the City of Roanoke's real estate tax levy, which would be applicable to the Real Property, were the Real Property not exempt from such taxation,for so long as the Real Property is exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates the Applicant, whose sole member is Presbyterian Community Center, Inc., a non-stock, non-profit corporation, as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation the Real Property, which Real Property is owned by the Applicant and used exclusively for charitable or benevolent purposes on a non-profit basis. Continuance of this exemption shall be contingent on the continued use of the Real Property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy, which would be applicable to the Real Property, were the Real Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. This Ordinance shall be in full force and effect on July 1, 2023, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance and to Karen McNally, Executive Director. 5. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. ACCEPTED, AGREED TO, AND EXECUTED by PCC Land Company, LLC, a Virginia non-stock, non-profit corporation, this day of , 2023. PCC Land Company, LLC By: Name: Title: ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 20, 2023 Subject: Tax Exemption Request on Real Property owned by PCC Land Company, LLC, also known as Presbyterian Community Center. Background: Pursuant to the requirements of the Virginia Code, if the City Council wishes to consider the application of the PCC Land Company LLC, for tax-exempt status on real property, Council must first conduct a public hearing. PCC Land Company LLC , whose sole member is Presbyterian Community Center, Inc.. a non-stock, non-profit corporation, has applied for tax exemption of two parcels of real property it owns located in the City of Roanoke, at 1202 Jamison Avenue, S.E., Roanoke, Virginia (Tax Map #4120514), and 0 Jamison Avenue, S.E., Roanoke, Virginia (Tax Map #4121009) from taxation. The Presbyterian Community Center, Inc. uses the parcels exclusively for charitable and benevolent purposes in providing academic after-school program, financial aid and pantry services to prevent homelessness and hunger for at-risk families and children. The property is also used for employee and guest parking and a playground area for the youth. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331-051903, with an effective date of January 1, 2003. Based on this policy and procedure, PCC has provided the necessary information required for applications for exemptions that would take effect July 1, 2023. The total assessed value of the applicants real estate for which tax exemption is being sought, is $223,300.00 for the 2023 tax year, with a tax of$2,724.26. The loss of revenue will be $2,179.40 annually after a 20% service charge is levied in lieu of real estate taxes. The Director of Real Estate Valuation, Susan Lower, has determined that the Organization is not exempt from paying taxes by classification or designation under the Code of Virginia. The IRS recognizes the Organization as a 501(c)(3) tax-exempt organization. Recommended Action: After consideration of comments received at the public hearing, and determining that granting the exemption requested is appropriate, adopt an ordinance to authorize Presbyterian Community Center exemption from real property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective July 1, 2023 Bob Cowell, City Manager Distribution: Distribution: Council Appointed Officers W. Brent Robertson, Assistant City Manager/Director of Finance Angela O'Brien, Assistant City Manager Amelia Merchant, Deputy Director of Finance Susan Lower, Director of Real Estate Valuation Honorable Evelyn W. Powers, City Treasurer Karen McNally, Executive Director, Presbyterian Community Center The Roanoke Times Account Number Roanoke,Virginia 6012830 Affidavit of Publication Date CITY OF ROANOKE-DEPT OF FINANCE June 26,2023 Attn Lesha VanBuren,Budget Analyst 215 CHURCH AVE SW ROOM 357 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 06/20/2023 Legal Notices PUBLIC HEARING 2 x 5 25 IN 878 85 Publisher of the Roanoke limes 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 was published in said newspapers on the following dates: 06/12/2023 The First insertion being given... 06/12/2023 Newspaper reference: 0001426812 Billing Representative Sworn to and subscribed before me this 26th Day of June 2023 otary Public State of Virginia Kimberly Kay Hams County of Hanover NOTARY PUBLIC Commission expires Commonwealth of Virginia My p Rog.No.356753 Commission Exp.Jan.31,2025 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on Tuesday.June 20, 2023,commencing at 7:00 p m,in the Council Chambers.4th Floor,Noel C.Taylot Municipal Building,215 Church Avenue,S.W.,Roanoke.Virginia on the question of adoption of an ordinance pursuant to Section 58.1-3651, Code of Virginia (1950).as amended.approving the request of the PCC Land Company. LLC, for designation of its real property, identified as 1202 Jamison Avenue,S.E..Roanoke.Virginia(Tax Map#4120514),and 0 Jamison Avenue,S.E.,Roanoke,Virginia(Tax Map#4121009)as exempt from taxation The total assessed value of the applicants real estate for which tax exemption is being sought.is S223,300.00 for the 2023 tax year,with a tax of$2,724.26. The loss of revenue will be S2.I79 40 annually after a 20%service charge is levied in lieu of real estate taxes Citi7cns shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, (540) 853-2541, by 12:00 noon on Thursday.June 15,2023. The City of Roanoke provides interpretation at no cosi for all public meetings,upon request If you would like to request an interpreter,please let us know at least 24 hours in advance by calling(540)853-1283. La Ciudad de Roanoke proporciona interpretaciihn sin costn por todas citas ptibhcas,ptevm solieitud.Si ustcd dcsca sohetrai un intctptctc,haganoslo saber con al menos 24 horas de antelacion por Ilamar(540)853-1283. Jiji la Roanoke iinatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma. inapoombwa Iwapo ungependa kuomba mkalimani. tafadhali tujulishe angalau sax 24 kabla kwa kupiga shun(540)853-1283. 5i s�i3,r I-Ai, 1..ts .a 853-1283 Jsr•}-.:14 1-6_2 Jd:xt.•24 Jib,"-I �+Jd- .+t,r�, ,a',L(540) GIVEN under my hand this 12th day of June.2023. Cecelia F.McCoy,City Clerk cpi( NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on Monday, June 20, 2023, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia on the question of adoption of an ordinance pursuant to Section 58.1-3651, Code of Virginia (1950), as amended, approving the request of the PCC Land Company, LLC, for designation of its real property, identified as 1202 Jamison Avenue, S.E., Roanoke, Virginia (Tax Map #4120514), and 0 Jamison Avenue, S.E., Roanoke, Virginia (Tax Map #4121009) as exempt from taxation. The total assessed value of the applicants real estate for which tax exemption is being sought, is $223,300.00 for the 2023 tax year, with a tax of$2,724.26. The loss of revenue will be $2,179.40 annually after a 20% service charge is levied in lieu of real estate taxes. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, (540)853-2541, by 12:00 noon on Thursday, June15, 2023. The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling (540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas pUblicas, previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelacion por Ilamar (540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu (540) 853-1283. _A cU- `1.114yb J9.1' s°9°c u1"1" `L4A SI)4 .. 9• 3-) ` 'J.9� `S939_J S" 853-1283 J)s,r; J° �� ; 24 Jsi 1, � i � u\- j� , ,.,i��,a a,L° 1-4 (540) GIVEN under my hand this /2*' day of June, 2023. Cecelia F. McCoy, City Clerk Note to Publisher: Publish in the Legal Section of the Roanoke Times once on Monday, June 12, 2023. Please send bill to: Cecelia F. McCoy, City Clerk 4th Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Please send affidavit of publication to: Lesha Van Buren, Business Analyst City of Roanoke 215 Church Avenue, S.W., Room 459 Roanoke, Virginia 24011 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 RUTH VISUETE PEREZ Assistant Deputy City Clerk March 30, 2023 Robert S. Cowell, Jr. City Manager Roanoke, Virginia Dear Mr. Cowell: I am attaching copy of a petition from Presbyterian Community Center and PCC Land Company, LLC, a Virginia non-stock, not-for-profit corporation, dated March 29, 2023, which was filed in the City Clerk's Office on Wednesday, March 29, 2023, requesting a change in the tax status for Official Tax Map Nos. 4120514 and 4121009 to obtain exemption of real property from taxation, to be used exclusively for charitable and benevolent purposes, pursuant to Section 58.1-3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date of July 1st. Petitions forwarded by October 15 will have an effective date of January 1st. Sincerely, ecelia T. Webb, CMC Deputy City Clerk Attachment pc: Karen McNally, Executive Director, 1228 Jamison Avenue, S. E., Roanoke, Virginia 24013 The Honorable Ryan S. LaFountain, Commissioner of the Revenue Timothy R. Spencer, City Attorney Susan S. Lower, Director, Real Estate Valuation Lesha Van Buren, Budget Analyst 1228 Jamison Avenue,SE Roanoke, VA 24013 Phone: 540.982.291 1 Fax: 540.342.3568 p r e s b y t e r i a n lr E-mail: info@pccse.org r- r r f Website: www,pccse,org March 29, 2023 Ms. Cecelia F. McCoy, CMC City Clerk 215 Church Avenue, SW Suite 456 Roanoke,VA 24011 Dear Ms. McCoy: On behalf of the Presbyterian Community Center and PCC Land Company LLC, I wish to request a change in the tax status of Tax Map No. 4120514 and Tax Map No. 4121009 to obtain a real property exemption.These parcels are owned by PCC Land Company and are devoted to the charitable work of the Presbyterian Community Center,a 501(c)(3) corporation. Attached please find our Petition to Roanoke City Council requesting this change. Please contact me if I may provide additional information. Thank you for your assistance with this request. Sincerely, Vnakk9k1611(1/12f M Nally Executive Director VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: la. Your Petitioner, PCC Land Company, LLC, a limited liability company whose sole member is Presbyterian Community Center, Inc. , a Virginia non-stock, 501(c)(3) corporation, owns certain real properties, located at 1202 and 0 Jamison Avenue, SE, in the City of Roanoke,Virginia, which properties are City of Roanoke Tax Map ID# 4120514 and 4121009, with a total assessed value of$223,300 and a total of$2,724.26 in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the referenced real property,to be used exclusively for charitable and benevolent purposes in providing an academic after-school program and financial aid and pantry services to prevent homelessness and hunger for at- risk families and children be exempt from taxation under the provisions of Article X, Section 6(a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. The property at tax map ID #4120514 is a lot currently used as a playground for children in the after-school program and for employee parking and overflow parking for Presbyterian Community Center events. The property at tax map ID #4121009 is used for employee parking and overflow parking for Presbyterian Community Center events. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20%)of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not tax exempt, for as long as this exemption continues. 3. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 4. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: 1. (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c)of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501(c)of the Internal Revenue Code of 1954 on July 23, 1992. 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): No. 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): No. 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services. (A): No part of the net earnings of the organization inures to the benefit of any individual. 5. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it provides a homelessness prevention program that distributes emergency financial assistance and food to needy individuals and families, and an after-school program for at- risk families with children. 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in,any political campaign on behalf of any candidate for public office. (A): No. 7. (Q): Whether any rule, regulation,policy, or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): No. 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. 2 (A):No. 9. (Q): Any other criteria, facts, and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): In 2022,the Presbyterian Community Center provided the following assistance to local residents: Food: 1,565 households, feeding approximately 3,350 family members that included 984 children and 655 senior citizens. Emergency financial assistance: 278 households assisting 708 individuals that included 306 children and 97senior citizens. Pathways for Youth after-school program for 32 at-risk Southeast Roanoke children and 64 family members. Note: All Tax Exemption Petitions must be filed with the City Clerk's Office. THEREFORE, your Petitioner, PCC Land Company, LLC, respectfully requests to the Council of the City of Roanoke that this real or personal property, or both, of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing a homelessness prevention program, a food pantry and an academic after-school program for at-risk families and children. Respectfully submitting this on the 12th day of April 2023. PCC Lan Company, LLC By: aren McNally, M ager 3 a I CITY OF ROANOKE OFFICE OF THE CITY CLERK rrL P 215 Church Avenue,S.W.,Room 456 ` Roanoke,Virginia 24011-1536 `' Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA T.WEBB,CMC E-mail: clerk@roanokeva.gov Deputy City Clerk CECELIA F.MCCOY,CMC City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk June 28, 2023 { The Honorable Ryan S. LaFountain The Honorable Evelyn W. Powers Commissioner of the Revenue City Treasurer Roanoke, Virginia Roanoke, Virginia Dear Mr. LaFountain and Ms. Powers: I am forwarding an attested copy of Ordinance No. 42695-062023 exempting from real estate property taxation certain real property, located in the City of Roanoke owned by Local Environmental Agriculture Project, Inc., which has been properly executed by Local Environmental Agriculture Project, Inc., for purposes of assessment and collection of the service charges established by the Ordinance. Sincerely, 6e-t-ae;t1 (1°2e-. 64/ Cecelia F. McCoy, CMC City Clerk Enclosure pc: Maureen McNamara Best, Executive Officer, Local Environmental Agriculture Project Inc., P. O. Box 3249, Roanoke, Virginia 24015 Robert S. Cowell, Jr., City Manager Timothy R. Spencer, City Attorney W. Brent Robertson, Assistant City Manager/Chief Financial Officer Susan Lower, Director, Real Estate Valuation Lesha Van Buren, Budget Analyst, Management and Budget i CITY OF ROANOKE OFFICE OF THE CITY CLERK tG 215 Church Avenue,S.W.,Room 456 was s Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk June 22, 2023 Maureen McNamara Best Executive Director Local Environmental Agriculture Project P. O. Box 3249 Roanoke, Virginia 24015 li Dear Ms. Best: I am enclosing copy of Ordinance No. 42695-062023 exempting from real estate property taxation certain real property, located in the City of Roanoke owned by Local Environmental Agriculture Project, Incorporated, a Virginia non-stock, non-profit corporation, devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, June 20, 2023, and is in full force and effect upon its passage. This Ordinance shall be in full force and effect on July 1, 2023, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk and mailed to: Office of the City Clerk City of Roanoke 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Sincerely, ""°'ecfr Cecelia F. McCoy, CMC City Clerk Enclosure pc: Robert S. Cowell, Jr., City Manager Timothy R. Spencer, City Attorney Honorable Ryan LaFountain, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Angela O'Brien, Assistant City Manager W. Brent Robertson, Assistant City Manager/CFO Amelia C. Merchant, Deputy Director of Finance David Collins, Senior Assistant City Attorney Lesha Van Buren, Budget Analyst IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June 2023. No. 42695-062023. AN ORDINANCE exempting from real estate property taxation certain real property, located in the City of Roanoke owned by Local Environmental Agriculture Project, Incorporated ("Applicant"), a Virginia non-stock, non-profit corporation, devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date, and dispensing with the second reading of this Ordinance by title. WHEREAS, the Applicant has petitioned Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on June 20, 2023; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by Council; WHEREAS,the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, at 1027 Patterson Avenue, S.W., Roanoke, Virginia (Tax Map #1112009), and 1013 Patterson Avenue, S.W., Roanoke, Virginia (Tax Map #1112011), the ("Real Property"), and owned by the Applicant, which shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge, in an amount equal to twenty percent (20%) of the City of Roanoke's real estate tax levy, which would be applicable to the Real Property, were the Real Property not exempt from such taxation,for so long as the Real Property is exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates the Applicant, a non-stock, non-profit corporation, as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation the Real Property, which Real Property is owned by the Applicant and used exclusively for charitable or benevolent purposes on a non- profit basis. Continuance of this exemption shall be contingent on the continued use of the Real Property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy, which would be applicable to the Real Property, were the Real Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. This Ordinance shall be in full force and effect on July 1, 2023, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance and to Maureen McNamara Best, Director of Local Environmental Agriculture Project, Incorporated. 5. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: (izeticet _ City Clerk. ACCEPTED, AGREED TO, AND EXECUTED by Local Environmental Agriculture Project, Incorporated, a Virginia non-stock, non-profit corporation, this l( day of , 2023. Local Environmental Agriculture Project, Incorporated By: Name: MifiSLA M Title: Lf '(.' <.Q ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 20, 2023 Subject: Tax Exemption Request on Real Property owned by Local Environmental Agriculture Project (LEAP). Background: Local Environmental Agriculture Project (LEAP), a non-stock, non-profit organization, has filed for tax exemption of real property located in the City, 1027 Patterson Avenue, N.W. (Tax Map Number 1112009) and 1013 Patterson Avenue, N.W. (Tax Map Number 1112011). LEAP desires the property to be designated as exempt from real estate property taxes pursuant to Section 58.1-3651, and other applicable provisions of the Code of Virginia. On June 7, 2023, Real Estate Valuation recorded a plat combining the two properties for LEAP (1112009 and 1112011) into one parcel. After the combination, only Tax Map No. 1112009 will remain. LEAP is a non-profit organization whose mission is to nurture healthy communities and resilient local food systems. The real property for which LEAP is seeking the tax exemption is to be used exclusively for charitable and benevolent purposes in strengthening local food system infrastructure, operating a food hub, increasing affordable and consistent access to nutrient dense foods in the West End and other communities via the Mobile Market, Farm Share, and Market programs. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331-051903, with an effective date of January 1, 2003. Based on this policy and procedure, LEAP has provided the necessary information required for applications for exemptions that would take effect July 1, 2023. The total assessed value of the applicant's real estate for which tax exemption is being sought, is $704,100.00 for the 2023 tax year, with a tax of$8,590.00. The loss of revenue will be $6,872.00 annually after a 20% service charge is levied in lieu of real estate taxes. The Director of Real Estate Valuation, Susan Lower, has determined that LEAP is not exempt from paying taxes by classification or designation under the Code of Virginia. The IRS recognizes LEAP as a 501(c)(3) tax-exempt organization. Notification of a public hearing to be held June 20, 2023, was duly advertised in the Roanoke Times. Recommended Action: After consideration of comments received at the public hearing, and determining that granting the exemption requested is appropriate, adopt an ordinance to authorize LEAP exemption from real property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective July 1, 2023. Bob Cowell, City Manager Distribution: Council Appointed Officers W. Brent Robertson, Assistant City Manager/Director of Finance Angie O'Brien, Assistant City Manager Amelia C. Merchant, Deputy Director of Finance Honorable Evelyn W. Powers, City Treasurer Susan Lower, Director of Real Estate Valuation Maureen McNamara Best, Director of Local Environmental Agriculture Project The Roanoke Times I Account Number Roanoke,Virginia 6012830 Affidavit of Publication Date CITY OF ROANOKE-DEPT OF FINANCE June 26,2023 Attn Lesha VanBuren,Budget Analyst 215 CHURCH AVE SW ROOM 357 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost J 06/20/2023 Legal Notices PUBLIC HEARING 2 x 5 25 IN 878.85 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 was published in said newspapers on the following dates: 06/12/2023 The First insertion being given... 06/12/2023 Newspaper reference: 0001426818 .)(Y/LIL Billing Representative Sworn to and subscribed before me this 26th Day of June 2023 Notary Public Kimberly Kay Harris NOTARY PUBLIC State of Virginia Commonwealth of Virginia County of Hanover Beg.No,356753 Commission Exp.Jan.31,2025 My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on Tuesday,June 20. 2023,commencing at 7:00 p m,in the Council Chambers.4th Floor,Noel C.Taylor Municipal Building.215 Church Avenue,S.W.,Roanoke.Virginia on the question of adoption of an ordinance pursuant to Section 58.1-3651, Code of Virginia(1950).as amended.approving the request of the Local Environmental Agriculture Pioject,Incorporated(LEAP),for designation of its real property. identified as 1027 Patterson Avenue. S W.,Roanoke. Virginia(Tax Map#11120091,and 1013 Patterson Avenue,S.W.,Roanoke, Virginia(Tax Map#1112011).as exempt from taxation The total assessed value of the applicants real estate for which tax exemption is being sought.,is S704,100.00 for the 2023 tax year,with a tax of$8,590.00. The loss of revenue will be$6.872 00 annually after a 2070 service charge is levied in lieu of real estate taxes. Citizens shall have the opportunity to be heard and express their opinions on this matter If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, (540) 853-2541, by 12:00 noon on Thursday.June 15,2023. The City of Roanoke provides interpretation at no cost for all public meetings,upon request.If you would like to request an interpreter,please let us know at least 24 hours in advance by calling(540)853.1283 La Ciudad de Roanoke pr°porciona interpretacion sin cost°por today citas pdbltcas,previa solicitud.Si usted desea sohntar un uxcrprete,haganoslo saber con al menos 24 horas de antelacion por Ilamar(540)853-1283 Jiji la Roanoke linatoa huduma ya ukalimani bita malipo katika mikutano yore ya umtna. inapoombwa twapo ungependa kuomba mkalimani. tafadhali lujulishe angalau saa 24 kabla kwa kupiga shim(540)853-1283. 853-1283 Js '} 4..1-t 2&s.J die L 24 Jct.,. JI- =1.04.Ja,*Jn!1 L.(540) GIVEN under my hand this 12th day of June.2023. Cecelia F.McCoy,City Clerk NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on Monday, June 20, 2023, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia on the question of adoption of an ordinance pursuant to Section 58.1-3651, Code of Virginia (1950), as amended, approving the request of the Local Environmental Agriculture Project, Incorporated (LEAP), for designation of its real property, identified as 1027 Patterson Avenue, S.W., Roanoke, Virginia (Tax Map #1112009), and 1013 Patterson Avenue, S.W., Roanoke, Virginia (Tax Map #1112011), as exempt from taxation. The total assessed value of the applicants real estate for which tax exemption is being sought, is $704,100.00 for the 2023 tax year, with a tax of$8,590.00. The loss of revenue will be $6,872.00 annually after a 20% service charge is levied in lieu of real estate taxes. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, (540)853-2541, by 12:00 noon on Thursday, June15, 2023. The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling (540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas pUblicas, previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelacion por Ilamar (540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu (540) 853-1283. I �j1Z ° )1 u'� )� Lls JL'?)' `�?ay� Lid J9�' 9oc uL li AA,a ,;Iy �irl9�>> 'JS`o )� �59'9 853-1283 i:)9i4i' 24 tg::; LD1-4?-5-i 1-4 (540) GIVEN under my hand this I2I day of June, 2023. Cecelia F. McCoy, City Clerk Note to Publisher: Publish in the Legal Section of the Roanoke Times once on Monday, June 12, 2023. Please send bill to: Cecelia F. McCoy, City Clerk 4th Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Please send affidavit of publication to: Lesha Van Buren, Business Analyst City of Roanoke 215 Church Avenue, S.W., Room 459 Roanoke, Virginia 24011 •4 CITY OF ROANOKE ..w-1 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 RUTH VISUETE PEREZ Assistant Deputy City Clerk March 30, 2023 Robert S. Cowell, Jr. City Manager Roanoke, Virginia Dear Mr. Cowell: I am attaching copy of a petition from Local Environmental Agriculture Project (LEAP), a Virginia non-stock, not-for-profit corporation, dated March 17, 2023, which was filed in the City Clerk's Office on Thursday, March 30, 2023, requesting exemption from taxation of real property located at 1027 Patterson Avenue, S. W., and 1013 Patterson Avenue, S. W., Official Tax Map Nos. 1112009 and 1112011, respectively, to be used exclusively for charitable and benevolent purposes, pursuant to Section 58.1-3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date of July 1st. Petitions forwarded by October 15 will have an effective date of January 1st. Sincerely, Cecelia T. Webb, CMC Deputy City Clerk Attachment pc: Maureen McNamara Best, Executive Director, P. O. Box 3249, Roanoke, Virginia 24015 The Honorable Ryan S. LaFountain, Commissioner of the Revenue Timothy R. Spencer, City Attorney Susan S. Lower, Director, Real Estate Valuation Lesha Van Buren, Budget Analyst PO Box 3249 62 LEAP Roanoke VA 24015 540.632-1360 LOCALp� ggENVI O !" E g -IAA_ leapforlocalfood.org itiC U A L( URE P"pry ROJ ECT .. March 17, 2023 Ms Susie McCoy Roanoke City Clerk 215 Church Ave, Room 215, Roanoke VA 24011 Dear Ms McCoy, The purpose of this letter and the enclosed documentation is to petition Roanoke City Council for additional real estate tax exemption for property recently purchased by Local Environmental Agriculture Project(LEAP). We are already exempt from City Personal Property Tax (since 2016) as well as real estate tax(since 2020). LEAP is a Roanoke-based 501(c)3 non-profit organization (EIN: 27-1050909)with a mission to nurture healthy communities and resilient local food systems by supporting community initiatives, markets, farms, and farmers. LEAP does not raise funds for profit but rather all funds raised via grants, donations, and program income go directly to our community-based work to achieve our mission. LEAP acquired a building and vacant lot on Patterson Ave to serve as the permanent home for our offices and programs. The properties, listed below, were purchased November 30, 2021 and the deed was recorded in the Roanoke City Circuit Court on the same day. Our Certificate of Occupancy was issued on 1/9/23 (permit #CMR22-0081) Address Description Tax Map Number 1027 Patterson Ave SW Lot 8 & PT 7 BLK 25 Rorer 1112009 1013 Patterson Ave SW PT Lots 5&6 BLK 25 Rorer 1112011 This property allows us to consolidate several locations into one space and streamline our operations, purchase more food from farmers and food entrepreneurs, increase fresh food access points in Roanoke, and make food more visible to the broader community. It also serves as a food hub (to aggregate and distribute regionally grown food), houses the LEAP Mobile Market(which visits communities with limited access to fresh food), provides regular access to fresh produce via weekly farmers markets and through a small retail store (opening in late 2023). In addition, the building also provides community gathering spaces and serves as LEAP's administrative offices. Thank you for your consideration. Please do not hesitate to contact me with any questions or concerns. c rely, Maureen McNamara Best Executive Director maureen@leapforlocalfood.org 540.339.6266 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: la. Your Petitioner, Local Environmental Agriculture Project Incoporated a Virginia, non-stock, not for profit corporation owns certain real property, located at See attached in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID#see attachedwith a total assessed value of$see attached and a total of$ see attached in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes in strengthening local food system infrastructure, operating a food hub, increasing affordable and consistent access to nutrient dense foods in West End and other communities via the Mobile Market, Farm Share, and Market programs. (Describe proposed use of real property,if applicable) be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. (if requesting exemption for personal property,complete section 1.b) 1 b. Your Petitioner, a Virginia, non-stock, not for profit corporation owns certain personal property, located at in the City of Roanoke, Virginia, with a total assessed value of$ and a total of $ in personal property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the referenced personal property,to be used exclusively for charitable and benevolent purposes in (Describe proposed use of personal property,if applicable.) 1 be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent(20%) of the City of Roanoke tax levy, which would be applicable to this real estate,were our organization not be tax exempt, for as long as this exemption continues. 3. Your petitioner acknowledges and agrees that it will immediately notify both the City of Roanoke Commissioner of the Revenue and the City of Roanoke Treasurer in writing in each instance when the property,or any portion thereof, is being leased to a third party and provide the City with a copy of the fully executed lease. Your petitioner agrees to include a provision in all leases of the property that such third parties shall be responsible for paying the City applicable leasehold taxes that may be assessed by the City. Petitioner acknowledges that if the foregoing conditions are not met, the City reserves the right to terminate the tax exempt status of the property. 4. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 5. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: 1. (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954 on September 9, 2009 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): No 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a 2 reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): No 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services. (A): No net earnings inure benefit of any individual. LEAP secures local, state,federal, private foundations, and individual donations to help cover the costs to meet its mission. 5. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it helps nourish healthy communities (Describe the public service) and resilient local food systems through our programs which include farmers markets, healthy food incentives,and food and farmer businesses . market development and support 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): No 7. (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): No 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): No 3 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): (Provide as necessary). Note: All tax exemption petitions submitted for consideration by City Council must be filed with the City Clerk's Office. THEREFORE, your Petitioner,Local Environmental Agriculture Project Incorporated respectfully requests to the Council of the City of Roanoke that this real or personal property, or both, of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing stronger local food system infrastructure, wholesale outlets for farmers and food businesses, and accessible and affordable access to nutrient dense food via market outlets . (Repeat proposed use of property). Respectfully submitting this 2,0 day MU.Vt/420 2,5. President 4 REAL ESTATE VALUATION PH: 540.853.2771 ` Noel C. Taylor Municipal Building FAX: 540.853.2796 215 Church Avenue, S.W. Room 250 ROA N O K E Roanoke, Virginia 24011 February 27, 2023 Maureen McNamara Best Executive Director, LEAP Local Environmental Agriculture Project PO Box 3249 Roanoke, VA 24015 Re: Exemption of property located at 1027 Patterson Ave SW and 1013 Patterson Ave SW Parcel Nos. 1112009, 1112011 Dear Ms. Best, We received your letter requesting tax exemption from real estate taxes from the City of Roanoke on the above captioned property. The above properties are currently being taxed by the City of Roanoke for real estate taxes for the 2022-23 tax year. Based on the information submitted, this property is not eligible for exemption by classification or designation. However, you may submit a petition to the City Clerk's Office to apply for the exemption for non-profit organizations through City Council. They can be reached at (540) 853-2541. If you have further questions about the process, please contact the Department of Finance's Management and Budget Division at 853-6800. Their staff will arrange to meet with you to discuss the pertinent information to consider as well as review the sample petition and documentation that must be completed and/or included in the submittal packet. Should you have any additional questions please do not hesitate to call. Sincerely, katJa4e7 ( y-4/1)-e-/ Susan S Lower, SRA Director of Real Estate Valuation SSL/srr Cc: City Clerk's Office Dept. of Finance's Management and Budget Division -4Qr`S( • ` \') \17D PO Box 3249 piii Roanoke VA 24015 L540.632-1360 leapforlocalfood.org January 23, 2023 Mr Ryan S LaFountain Commissioner of Revenue, City of Roanoke 215 Church Ave, Room 251, Roanoke VA 24011 Dear Mr LaFountain, This letter is to request an additional Roanoke City Real Estate Tax Exemption for property recently purchased by Local Environmental Agriculture Project, Inc(LEAP). We are already exempt from Roanoke City real estate tax(since 2020)on other LEAP owned property as well as city personal property tax(since 2016). LEAP is a Roanoke-based 501(c)3 non-profit organization (EIN: 27-1050909). LEAP nurtures our food community to create an equitable food and farming system which prioritizes health and abundance.We do this by supporting community initiatives, markets, farms, and farmers. In 2021 LEAP acquired a building and vacant lot on Patterson Ave to serve as the permanent home to our offices and programs. The properties, listed below, were purchased November 30, 2021 and the deed was recorded in the Roanoke City Circuit Court on the same day. Our Certificate of Occupancy was issued on January 9, 2023(permit#CMR22-0081). Address Description Tax Map Number 1027 Patterson Ave SW Lot 8 & PT 7 BLK 25 Rorer 1112009 1013 Patterson Ave SW PT Lots 5&6 BLK 25 Rorer 1112011 This property allows us to consolidate several locations into one space which will allow LEAP to streamline its operations, purchase more food from farmers and food entrepreneurs, increase fresh food access points in Roanoke, and make food more visible to the broader community. Thank you for your consideration. Please do not hesitate to contact me with any questions or concerns. rely, Maureen McNamara Best Executive Director maureen©leapforlocalfood.org 540.339.6266 ID. 0 oOn w .i -' -10i f ED � ®v Ch > > ro CD• CD m ▪ a) at 7 la 01 o W CO r N N 01 73 73 o O, fD tD --- - 01 N N X Co 0 3 � 01 -a Z 3 JT U) * N D (.0a 00 O 0 C. 01 0 Efl N - 01 7'1 (0 O) N N :0 O O 'fl 0) � 7C' � n 0 (D O E W O p Ca o c0 O CJi CC0 City of Roanoke Tax Map#: 1112009 irIMIIIII Certificate of Occupancy Permit#: 111 22-0081 Date Issued: 01-09-2023 ROANOKE In accordance with the provisions of the Zoning Ordinance and/or subsequent amendments thereto and Including all provisions contained in the Virginia Uniform Statewide Building Code and/or any Amendments,the owner of this certificate is hereby granted permission to use this building or portion thereof as provided below. Owner of Certificate: LOCAL ENVIRONMENTAL USBC Code Edition: 2018 AGRICULTURE PROJECT INCORPORATED Business Name: Local Environmental Zone: CN(c) Agriculture Project(LEAP) Address: 1027 PATTERSON AVE SW Ordinance: 34766 Type Construction: 5B Combustible/Unprotected For Mixed Uses: Use Group 1:M:Mercantile Occupant Load 1:25 Use Group 2:B:Business Occupant Load 2:20 Use Group 3:A-3:Assembly Occupant Load 3:17 Building Size(sqft): 8669 Automatic Sprinkler System: No #Elevators: 0 Required: No #of Exits: 4 Fire Alarm System: No #of Stories: 2 Required: No Zoning Use Class: community market;office,general; retail Special Stipulations&Conditions: Local Environmental Agriculture Project(LEAP) First floor:Retail sales area,396 sq.ft.,M use group,occupancy load 7 First floor:Storage,stock and shipping area,2,330 sq.ft.,M use group,occupancy load 8 First floor:Assembly&community room,117 sq.ft.,A3 use group,occupancy load 17 Second floor:Office&administrative area,2,913 sq.ft.,B use group,occupancy load 20 Basement:Storage&stock area,2,913 sq.ft.,M use group,occupancy load 10. Basement occupiable areas limited to areas with sufficient headroom for safe use of space. No change in building use group classification or zoning use class of this building will be permitted without first obtaining a new certificate.Except in 1&2 Family Dwellings,this certificate shall be posted and permanently maintained in a conspicuous location near the main entrance to the building. Owner of Building:LOCAL ENVIRONMENTAL AGRICULTURE PROJECT INCORPORATED r ,r) ,.'- 01-06-2023 43 ' — 01-09-2023 Building Official Neil Holland Zoning Administrator Phillip Moore INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. O. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: J A N 1 4 2013 27-1050909 DLN: LOCAL ENVIRONMENTAL AGRICULTURAL 17053129312011 PROJECT INC Contact Person: C/O JOSHUA C WYKLE ELIZABETH ZAEBST ID# 31610 PO BOX 14125 Contact Telephone Number: ROANOKE, VA 24038 (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 509(a) (2) Form 990 Required: Yes Effective Date of Exemption: September 9, 2009 Contribution Deductibility: Yes Addendum Applies: No Dear Applicant: We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c) (3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c) (3) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221-PC, Compliance Guide for 501(c) (3) Public Charities, for some helpful information about your responsibilities as an exempt organization. • Letter 947 (DO/CG) L_ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June 2023. No. 42696-062023. AN ORDINANCE to increase the transfers to Roanoke City Public Schools (RCPS), Reserves for Fund Balance and Contingency, Civic Facilities, operating expenditures for Visit Virginia's Blue Ridge, Snow Removal, Public Safety Overtime, Fire Temp Wages, Sheriff Medical Contract, Fleet Sublet Vendor, Parts, Restore Harrison Museum Capital Funding, Transfer to Grant Fund, Transfer to Capital-After School and to increase revenue budget estimates for local taxes and other revenues including the American Rescue Plan Act of 2021 Interest, amending and reordaining certain sections of the 2022-2023 General Fund and Capital Projects Fund Appropriations and Grant Fund, 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 2022-2023 General Fund and Capital Projects Fund and Grant Fund be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations General Fund Transfer to School Fund 01-250-9310-9530$ 2,175,800 Visit Virginia's Blue Ridge 01-300-7220-3702 187,500 Fleet Equipment 01-440-2642-9010 113,700 Overtime-E911 Center 01-430-4130-1003 65,000 FICA-E911 Center 01-430-4130-1120 4,973 Overtime—Sheriff 01-140-2140-1003 100,000 FICA—Sheriff 01-140-2140-1120 7,650 Overtime—Jail 01-140-3310-1003 850,000 FICA—Jail 01-140-3310-1120 65,025 Overtime -Police Animal Control 01-640-3530-1003 16,000 FICA - Police Animal Control 01-640-3530-1120 1,224 Overtime-Police Admin 01-640-3111-1003 40,000 FICA— Police Admin 01-640-3111-1120 3,060 Overtime— Police Investigation 01-640-3112-1003 $ 200,000 FICA— Police Investigation 01-640-3112-1120 15,300 Overtime— Police Patrol 01-640-3113-1003 600,000 FICA— Police Patrol 01-640-3113-1120 45,900 Overtime— Police Training 01-640-3115-1003 15,401 FICA— Police Training 01-640-3115-1120 1,178 Overtime— Fire Admin 01-520-3211-1004 75,000 FICA— Fire Admin 01-520-3211-1120 5,737 Temporary Wages— Fire Support 01-520-3212-1004 31,434 FICA— Fire Support 01-520-3212-1120 2,405 Temporary Wages— Fire Operations 01-520-3213-1004 100,000 FICA— Fire Operations 01-520-3213-1120 7,650 Sheriff-Jail Medical Contract 01-140-3310-2062 39,453 Transportation-Snow Removal, Chemicals 01-530-4140-2045 364,934 Transfer to Civic Facilities-Admissions Tax 01-250-9310-9605 33,564 Transfer for Capital Projects-After School 01-250-9310-9508 250,000 Restore Harrison Museum Capital Funding 01-250-9310-9535 391,569 Unassigned and Stabilization Reserve 01-250-9310-9536 185,962 Budget Contingency 01-300-9410-2199 612,812 Grant Fund Local Match Funding for Grants 35-300-9700-5415 836,969 Revenues General Fund Real Estate Tax-Current 01-110-1234-0101 $ (1,659,000) Real Estate-Delinquent 01-110-1234-0102 457,000 Transient Occupancy 01-110-1234-0225 500,000 Utility Consumer- Electric 01-110-1234-0203 (400,000) Prepared Foods & Beverage 01-110-1234-0250 3,834,000 Sales Tax 01-110-1234-0201 3,000,000 Utility Consumer-Gas 01-110-1234-0205 (174,000) Utility Consumer-Water 01-110-1234-0206 69,000 Admissions Tax-Civic-Delinquent 01-110-1234-0233 40,000 Sale of Surplus Property-Fleet 01-110-1234-0867 113,700 American Rescue Plan Act of 2021-Interest 01-110-1234-0512 1,664,500 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. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 20, 2023 Subject: Adjustments of FY 2022 - 2023 Revenue Estimates and Appropriation of Expenses. Background: Adjustments are necessary to adjust select local taxes, sale of Fleet surplus property as well as revenue received from interest generated from American Rescue Plan Act (ARPA) funding. With regard to local taxes, the FY 2022-2023 budget was developed in the midst of an evolving and recovering economy. This caused great uncertainty about the anticipated performance of consumer behavior-driven local taxes. As a result, the revenue estimates were prepared using caution. It is now evident that select local taxes will exceed their budgeted level while others will not reach their budgeted level. Separately, the sale of surplus Fleet property has exceeded the current budget and should be appropriated for Fleet use. The City is also able to retain and use interest derived from the American Rescue Plan Act (ARPA) funding that was allocated. This funding will be used to provide for After School and Summer Youth Recreation, funding to support the Harrison Museum capital needs in the future, grant match funding as well as any necessary increase to the Fund Balance due to the receipt of this revenue. Local tax areas impacted include Real Estate Tax, Sales Tax, Transient Occupancy Tax, Prepared Foods & Beverage Tax, Admissions Tax, and Utility Consumer items. Current Real Estate Tax has not performed as budgeted at this time while Delinquent Real Estate Tax collection is expected to exceed budget. Sales Tax, Transient Occupancy Tax, Prepared Foods & Beverage Tax and Civic Facilities Admissions Tax are all expected to exceed budget driven by consumer behavior. Select Utility Consumer items are not expected to meet existing budgets. The net of these additional revenues and reductions will first be allocated for required expenses that are tied to those revenues. Next, the City's practice towards Fund Balance (Unassigned and Stabilization Reserve) is the allocation of an appropriate amount to maintain the current percentage. This amount would be allocated to a Contingency holding location in the General Fund. Roanoke City Public Schools will receive 40% of adjusted additional local taxes. Visit Virginia's Blue Ridge must receive 3/8 of the Transient Occupancy Tax. Revenue due to the sale of city-owned vehicles is usually allocated for fleet use. Beyond these designated uses mentioned, the remainder of the funds are needed for expenses such as snow removal costs, public safety overtime, fire temporary wages and a Sheriff medical contract. Citizens were heard on this matter during the June 20, 2023 7:00 p.m. meeting prior to consideration of the recommended actions as noted in the attached budget ordinance increasing the revenue budget by $7,445,200 and appropriating the same amount to accounts as noted in the ordinance. Considerations: The following adjustments to revenues and expenditures will allow for a right-sizing of these various accounts: Revenue Adjustments: Real Estate (Current) $ (1,659,000) Real Estate (Delinquent) 457,000 Sales Tax 1% 3,000,000 Transient Occupancy Tax 500,000 Prepared Foods & Beverage Tax 3,834,000 Admissions Tax - Civic (Delinquent) 40,000 Utility Consumer-Electric (400,000) Utility Consumer-Gas (174,000) Utility Consumer-Water 69,000 Sale of Surplus Prop-Fleet 113,700 American Rescue Plan Act of 2021 (ARPA) Interest 1,664,500 TOTAL $ 7,445,200 Expenditure Adjustments: Roanoke City Public Schools $ 2,175,800 Visit Virginia's Blue Ridge 187,500 Fleet Equipment 113,700 Public Safety Overtime and Temp Wages 2,030,711 Fire Temp Wages 222,226 Jail Medical Contract 39,453 Snow Response 364,934 Transfer to Civic 33,564 After-School and Summer Youth Recreation 250,000 Restore Harrison Museum Capital Funding 391,569 Unassigned and Stabilization Reserve 185,962 Transfer to Grant Fund — Federal Matches 836,969 Transfer to Reserves-Fund Balance/Contingency 612,812 TOTAL $ 7,445,200 Recommended Action: Adopt the accompanying Budget Ordinance to adjust the referenced FY 2022 - 2023 General Fund and other revenue and expenditure budgets by $7,445,200. Bob Cowell, City Manager Distribution: Council Appointed Officers W. Brent Robertson, Assistant City Manager/Director of Finance Angie O'Brien, Assistant City Manager Verletta White, Superintendent, Roanoke City Public Schools Antonio Hash, Shefiff Amelia C. Merchant, Deputy Director of Finance Jason Cromer, Revenue Analyst Jeffrey Powell, General Services Director Ian Shaw, Acting Public Works Director Sam Roman, Chief of Police David Hoback, Fire Chief Michael Clark, Parks Wayne Farley, Fleet Manager The Roanoke Times Account Number Roanoke,Virginia 6012830 Affidavit of Publication Date CITY OF ROANOKE-DEPT OF FINANCE June 26,2023 Attn Lesha VanBuren,Budget Analyst 215 CHURCH AVE SW ROOM 357 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 06/20/2023 Legal Notices BUDGET GENERAL FUND AMENDMENT 3 x 0.00 IN 1,709.93 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 BUDGET GENERAL FUND AMEND was published in said newspapers on the following dates: 06/12/2023 The First insertion being given... 06/12/2023 Newspaper reference: 0001427103 Billing Representative Sworn to and subscribed before me this 26th Day of June 2023 \AE.)(2-. * -)( & s) Notary Public Kimberly Kay Harris State of Virginia NOTARY PUBLIC County of Hanover Commonwealth of Virginia My Commission expires Reg.No.358753 Commission Exp.Jan.31,2025 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will consider an amendment to the aggregate amount of its FY 2022-2023 annual budget in the following respects,in connection with appropriation of funds for the General Fund. As the amounts to be appropriated exceed one percent of the adopted budget for the current fiscal year, a public hearing will be heard on the Fiscal Year 2022-2023 Appropriation of funding from additional local taxes and other revenue estimates in the amount of$7,338,200.Funding may be used for the following: Roanoke City Public Schools $2,149,000 Visit Virginia's Blue Ridge 187,500 Fleet Equipment 113,700 Public Safety Overtime and Temp Wages 2,030,711 Fire Temp Wages 222,226 Jail Medical Contract 39,453 Snow Response 364,934 After-School and Summer Youth Recreation 250,000 Restore Harrison Museum Capital Fund(Move to Grant Fund) 391,569 Unassigned and Stabilization Reserve 185,962 Transfer to Grant Fund-Federal Matches 836,969 Transfer to Reserves-Fund Balance/Contingency 566,176 Additional information may be found at:https://www.roanokeva.gov/OocumentCenterNiew/18588/FY23YE Pursuant to Section 15.2-2507,Code of Virginia(1950),as amended,notice is hereby given that on Tuesday, June 20,2023 at 7:00 p.m.,or as soon thereafter as the matter may be heard,Roanoke City Council will hold a meeting in City Council Chamber,Noel C.Taylor Municipal Building,215 Church Avenue,S.W.,Roanoke, Virginia,for the purpose of holding a public hearing on the additional local taxes and other revenue estimates to be appropriated for the Fiscal Year 2022-23 City Budget.All persons who register as set forth below shall be afforded an opportunity to speak and state their views concerning all aspects of the budget within such reasonable time limits as shall be established by City Council.Written comments of interested citizens also will be received by the City Clerk at any time prior to the hearing.All persons wishing to address City Council must sign-up with the City Cleik's Office by ernailing clerk roanokeva.goV of by calling(540)853-2541 by 4:00 p.m.on Tuesday,June 20,2023. If you are a person with a disability who needs accommodations for this public hearing,please contact the City Clerk's Office, (540)853-2541, by noon, Friday, June 16, 2023.The City of Roanoke provides interpretation at no cost for all public meetings,upon request.If you would like to request an interpreter, please let us know at least 24 hours in advance by calling(540)853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas p(blicas, previa solicitud. Si usted desea solicitar un interprete,haganoslo saber con at menos 24 horas de antelacion por flamer (540)853-1283. Jiji la Roanoke linatoa huduma ye ukalimani bile malipo katika mikutano yote ya umma,inapoombwa.Iwapo ungependa kuomba mkalimani,tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540)853-1283. u JL'al em ..'1'+'X wJ•YI J�.'1Y°,a.,l,tir SIX '.dY)'"J f'a?t'S,0.1)Jet .fir4 h1Jr P I)t-(540)853-1283,:.134.)--14,.)2-t kit). 24 i Given under my hand this 12th day of June,2023. Cecelia F.McCoy,City Clerk NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will consider an amendment to the aggregate amount of its FY 2022-2023 annual budget in the following respects, in connection with appropriation of funds for the General Fund. As the amounts to be appropriated exceed one percent of the adopted budget for the current fiscal year, a public hearing will be heard on the Fiscal Year 2022-2023 Appropriation of funding from additional local taxes and other revenue estimates in the amount of $7,338,200. Funding may be used for the following: Roanoke City Public Schools $2,149,000 Visit Virginia's Blue Ridge 187,500 Fleet Equipment 113,700 Public Safety Overtime and Temp Wages 2,030,711 Fire Temp Wages 222,226 Jail Medical Contract 39,453 Snow Response 364,934 After-School and Summer Youth Recreation 250,000 Restore Harrison Museum Capital Fund (Move to Grant Fund) 391,569 Unassigned and Stabilization Reserve 185,962 Transfer to Grant Fund — Federal Matches 836,969 Transfer to Reserves-Fund Balance/Contingency 566,176 Additional information may be found at: https://www.roanokeva.gov/DocumentCenter/View/18588/FY23YE Pursuant to Section 15.2-2507, Code of Virginia (1950), as amended, notice is hereby given that on Tuesday, June 20, 2023 at 7:00 p.m., or as soon thereafter as the matter may be heard, Roanoke City Council will hold a meeting in City Council Chamber, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, for the purpose of holding a public hearing on the additional local taxes and other revenue estimates to be appropriated for the Fiscal Year 2022-23 City Budget. All persons who register as set forth below shall be afforded an opportunity to speak and state their views concerning all aspects of the budget within such reasonable time limits as shall be established by City Council. Written comments of interested citizens also will be received by the City Clerk at any time prior to the hearing. All persons wishing to address City Council must sign— up with the City Clerk's Office by emailing clerk@roanokeva.gov or by calling (540)853-2541 by 4:00 p.m. on Tuesday, June 20, 2023. If you are a person with a disability who needs accommodations for this public hearing, please contact the City Clerk's Office, (540) 853-2541, by noon, Friday, June 16, 2023. The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling (540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas pCiblicas, previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelacion por Ilamar (540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu (540) 853-1283. ‘.5.41-a; �jl.°�y I�,�a J:� jSl �,IiS��liul ��Ala. �jL°�y Azvia vl U9? LS-4y.°c ALL4 4-an fly L J JJ )F6-`1 i�liG v171y I,1-.°(540)853-1283 vs41,DJL li p .) Ja., 1=1-,24 J91-1. "t0-1, I ' NOTE TO PUBLISHER: Please ensure that the block ad occupies at least 1/8 of the page and the title of the block ad is 18- point type on Monday, June 12, 2023. Please send publisher's affidavit to: Cecelia F. McCoy, City Clerk Room 456, Municipal Building Roanoke, VA 24011 Please send bill to: Lesha VanBuren Budget Analyst 215 Church Avenue, S. W., Room 459 Roanoke, VA 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June 2023. No. 42697-062023. AN ORDNANCE accepting the bid of Carilion Medical Center, a Virginia non-stock corporation,to execute an agreement for the Lease of Air Rights with the City of Roanoke,Virginia ("City") to lease air rights across a portion of South Jefferson Street, S.W., for the construction of a pedestrian bridge and crosswalk to connect real property owned by Carilion Medical Center, located at 1906 Belleview Avenue, Roanoke, Virginia, S.E. (Official Tax Map No. 4060301), to real property owned by Carilion Medical Center located at 2017 South Jefferson Street, S.W., Roanoke, Virginia (Official Tax Map No. 1041003) ("Air Rights Lease"); authorizing the City Manager to execute the Air Rights Lease and take such further actions and execute such further documents as may be necessary to implement, administer, and enforce the Air Rights Lease; rejecting any other bids; providing for an effective date; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City has, by advertisement published once a week for two (2) successive weeks in The Roanoke Times, a newspaper of general circulation in the City of Roanoke, publicly invited bids for the execution of the Air Rights Lease for the purpose of constructing and installing a pedestrian bridge and crosswalk to connect real property bearing Roanoke Official Tax Map No. 4060301 and Roanoke Official Tax Map No. 1041003, a copy of which lease has been available in the City Clerk's Office for public review; WHEREAS, 1 bid(s) for the execution of the Air Rights Lease was received pursuant to the advertisement and was publicly opened at the City Council meeting held on June 20, 2023; 1 WHEREAS, after proper and timely notice as required by the Code of Virginia, City Council held a public hearing on this matter at its meeting on June 20, 2023, meeting, at which time all persons were accorded a full and fair opportunity to comment with respect to the proposed lease; WHEREAS, the matter was referred to the City Manager for evaluation and recommendation; WHEREAS, Carilion Medical Center, a Virginia non-stock corporation (Recommended Bidder) submitted a bid for the execution of the Air Rights Lease for the purpose mentioned above, upon substantially the same terms as contained in the proposed lease that was on file in the City Clerk's Office; WHEREAS, after review of all bids received by the City Manager, the City Manager recommends that City Council accept the bid of the Recommended Bidder and approve the execution of the Air Rights Lease, substantially similar in form to the copy attached to the City Council Agenda Report dated June, 20, 2023; and WHEREAS, City Council determined that the bid of the Recommended Bidder to execute the Air Rights Lease, upon certain terms and conditions, was the most responsive and responsible bid received by the City, and City Council desires to accept the bid of the Recommended Bidder. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council accepts the bid of the Recommended Bidder and hereby makes and awards the Air Rights Lease to the Recommended Bidder, subject to certain terms and conditions as further noted in the City Council Agenda Report dated June 20, 2023, to this Council, and upon such other terms and condition as to which the City Manager may deem appropriate and agrees. City Council further finds that it will be in the best interests of the City to award the Air Rights Lease to the Recommended Bidder. 2 2. Any and all other bids made to the City for the above matter are hereby rejected and the City Clerk is directed to notify any such other bidder(s) and to express to each the City's appreciation for any such bid. 3. The City Manager is hereby authorized to execute the Air Rights Lease between the City of Roanoke, Virginia, and the Recommended Bidder to have the Recommended Bidder construct and install a pedestrian bridge and crosswalk over and across a portion of South Jefferson Street, S.W., for a term of sixty (60) years, to connect real property located at 1906 Belleview Avenue, bearing Roanoke Official Tax Map No. 4060301, to real property located at 2017 South Jefferson Street, S.W., bearing Roanoke Official Tax Map No. 1041003, such term commencing July 1, 2023, and ending on June 30, 2083, or for such sixty-year term commencing as soon as all legal requirements have been met, whichever comes later, subject to the terms and provisions of the Air Rights Lease, which agreement shall be substantially similar in form to the agreement attached to the Council Agenda Report dated June 20, 2023, and upon such other terms as the City Manager deems appropriate and to which he agrees. Such Air Right Lease shall be in a form approved by the City Attorney. The bond or security to be provided by the Recommended Bidder shall be in a form and amount as the City Manager deems appropriate. 4. The Recommended Bidder shall pay rental fees for the Air Rights Lease in such amount as agreed to by the City and Recommended Bidder over the term of such lease. Pursuant to the terms of the Air Rights Lease, the term of the agreement may be terminated prior to the expiration of its term under the conditions set forth therein. 5. The City Manager is further authorized to take such further action and to execute such further documents as may be necessary to implement,administer,and enforce such Air Rights Lease, which includes, but is not limited to, any needed modifications to such Air Rights Lease. All such documents shall be approved as to form by the City Attorney. 3 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 7. This Ordinance is effective as of the date of its passage. ATTESST: _e_acei, j„; ifit6,e421/ City Clerk 4 ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 20, 2023 Subject: Award of Submitted Bid for a Sixty Year Air Rights Lease for Installation of a Pedestrian Crosswalk Over South Jefferson Street, S. W. Background: Carillon Medical Center (Carilion) is constructing a tower expansion at its Roanoke Memorial Hospital facility located at 1906 Belleview Avenue, S.E. Tax Map No. 4060301. Carillon has requested the City of Roanoke (City) grant an Air Rights Lease for the space above South Jefferson Street for construction of a pedestrian bridge that will connect the tower to a Carilion-owned facility located at 2017 South Jefferson Street, S.W., Tax Map No.1041003. The proposed lease term is sixty (60) years, the maximum allowed under state law for air rights leases. Because the proposed lease term exceeds five (5) years, state law requires the public to be given the opportunity to bid on the lease of such air space before the lease may be authorized. The City solicited bids from the public for such purpose by publishing a notice in the newspaper once a week for two consecutive weeks. Recommended Action: After consideration of comments received at the public hearing and absent comments at the public hearing needing further consideration, authorize the City Manager or his Designee to execute the proposed lease agreement for the lease of air rights to the bidder deemed most responsive to the City advertisement for bid, for a lease term commencing sixty years beginning July 1, 2023 and expiring June 31, 2083, or for such sixty year term commencing as soon as all legal requirements have been met, and to execute and deliver all closing documents and take such action to effectuate the proposed lease. Such lease shall be substantially in the form to the lease attached hereto. All documents are subject to approval as to form by the City Attorney. Bob Cowell, City Manager Distribution: Council Appointed Officers Angie O'Brien, Assistant City Manager W. Brent Robertson, Assistant City Manager/Director of Finance Amelia C. Merchant, Deputy Director of Finance Marc Nelson, Director of Economic Development Cassandra L. Turner, Economic Development Specialist LEGEND THIS EXHIBIT IS COMPILED FROM DEEDS AND PLATS OF RECORD AND DOES NOT O DEEDED CORNER REPRESENT A FIELD SURVEY. THE INTENT OF THIS EXHIBIT IS TO SHOW THE • LEASE AREA POINT LOCATION OF A PROPOSED AIR RIGHTS LEASE. 0013453 INST 21 z N rn ct v N/F oo N/F CARIL/ON MEDICAL CENTER *. WESTERN VIRG/N/A WATER AUTHORITY T.M.#4060301 o T.M./4060502 INST./15000945 rn cu INST. 040019281 /1906 BELLEVIEW AVE S.E. ` cn S20.1122''W (24.86) (43.96) 254.52 \ 1 ` S20"11 22'W `` ro 272.1 7 LEASE AREA JEFFERSON STREET, S.W. r. \N R/W VARIES O S20'04'18'W N70'32'12'W m- 22.10' 8.50' N20'04'18'E N\ i I S192748'W 117.89' / 233.90(20.33)�46.74)`�`\`117.94 N 19 27'48'E 125.83' P.0.8. 166.83' 6706' (7.90) F 177't TO MCLANAHAN Ai' N/F STREET, S.W. ROANOKE HOSPITAL ASSOCIATION r� T.M)f1041003 OB: 1433 PG: 199. •O 12017 JEFFERSON STREET S.W. ^ 4o N/F co ROANOKE MEMORIAL HOSPITALS T.M.#1041004 DB.: 1494 PG. 610 NOTES: 1. OWNERS OF RECORD: CITY OF ROANOKE, VIRGINIA ALTH OF 2. THIS EXHIBIT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE �4'i 3 REPORT AND IS SUBJECT TO INFORMATION WHICH MAY BE fz. IP- ,. DISCLOSED BY SUCH. NO EXISTING EASEMENTS OR IMPROVEMENTS ' f ARE SHOWN FOR CLARITY. o 3. DISTANCES IN PARENTHESIS (XXX.XX;') DENOTES TIES TO LEASE. " Donald don III a Lie. . 3405 - COMPILED LEASE AREA EXHIBIT FOR Cp4-2023 ♦V 3 CAR/LION MEDICAL CENTER Q'ND sugvt'c4 3 SHOWING HEREON I LIMITS OF AIR RIGHTS LEASE CROSSING JEFFERSON STREET, S.W. REV#1=03-24-2023 p BETWEEN 1906 BELLEVIEW AVENUE, S.E. ADDITIONAL AREA AND 2017 JEFFERSON STREET, S.W. CITY OF ROANOKE, VIRGINIA REV#2=03-27-2023 DATED 10-27-2022 PER COMMENTS JOB #04190036.00 AIR RIGHTS SCALE: 1" = 30' -I6 PLANNERS/ARCHITECTS/ENGINEERS/SURVEYORS MUER g DRAWN BY: DSH ROANOKE CHMONC NEW ,VEP,;ALLEY SHENANDOAH VALLEY CHECKED BY: JAP 1208 Corporate Circle I Roanoke,Virginia 24018I Phone(540)772-9580/www.balzer.cc ft AssocuLTEs A — LEASE OF AIR RIGHTS FOR PEDESTRIAN BRIDGE AND CROSSWALK THIS LEASE OF AIR RIGHTS FOR PEDESTRIAN BRIDGE AND CROSSWALK ("Lease") is entered into this day of , 2023, by and between CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation, with a principal office address of Room 364,Noel C. Taylor Municipal Building, 215 Church Avenue. S.W., hereinafter referred to as "Lessor" and with a principal office address of , Roanoke. Virginia, , hereinafter referred to as "Lessee", RECITALS: WHEREAS, pursuant to applicable statutes and ordinances, the City Council for the City of Roanoke, Virginia, adopted Ordinance No. , on the 20th day of June, 2023, authorizing the execution of a lease of air rights covering the premises hereinafter described on the terms and conditions hereinafter set forth; and WHEREAS, such Ordinance was adopted after due advertisement, solicitation of bids, and the holding of a public hearing on June 20, 2023 after which City Council determined that the bid of Lessee was the highest and best bid therefore and should be accepted by the Lessor. NOW, THEREFORE. FOR AND IN CONSIDERATION of the rental payments hereinafter set forth, and in further consideration of the faithful performance of the mutual covenants, conditions and undertakings of the parties as set forth herein. Lessor does hereby lease and demise unto Lessee certain rights to air space for a pedestrian bridge or crosswalk (the "Structure") to be affixed at one end to the Tower expansion located at Carilion Medical Center's Roanoke Memorial Hospital, located at 1906 Belleview Avenue, Roanoke, Virginia, bearing 1 Roanoke Official Tax Map No. 4060301, and the other end of such pedestrian bridge or crosswalk to be affixed to property owned by Carilion Medical Center, successor in interest to Roanoke Hospital Association, located at 2017 Jefferson Street, S.W., bearing Roanoke Official Tax Map No. 1041003, located in the City of Roanoke,Virginia, and more particularly described on the plat entitled "Compiled Lease Area Exhibit for Carilion Medical Center Showing Hereon Limits of Air Rights Lease Crossing Jefferson Street, S.W. Between 1906 Belleview Avenue. S.E.,and 2017 Jefferson Street, S.W., City of Roanoke,Virginia" dated October 27, 2022, last revised March 27, 2023, and more particularly described on Exhibit A (the "Premises") attached and made a part hereof. This Lease is made upon the following terms and conditions: 1. Term: This Lease shall be for a term of sixty(60)years and begin on the day of , 2023, and end on the day of , 2083, or for such sixty(60)year term commencing as soon as all legal requirements have been met,whichever comes later. 2. Rent: Lessee shall pay the Lessor rental payment in the amount of Dollars (S ) to be paid [in a one-time payment] upon commencement of the Lease] [or in annual installments in the amount of on the day of of each year]. Such payment shall be made to the Roanoke City Treasurer and remitted to the Roanoke City Treasurer's Office, P.O. Box 1451, Roanoke,VA 24011. 3. Renewal: Upon the expiration of the initial term of this Lease. this Lease may be renewed and extended upon the mutual agreement of the Lessor and Lessee. The term of any renewal shall be determined at the time of the renewal. The process governing any renewal shall 2 be as authorized by applicable law, and shall be under such terms and conditions as may be agreed upon by the Lessor and Lessee at the time of said extension. 4. Maintenance: Lessee shall be solely responsible for the complete maintenance, upkeep, repair and replacement of the Structure. and any and all other structures which are constructed within the Premises. Maintenance and upkeep shall include, but not be limited to, the structural integrity of the Structure. all aesthetic aspects of the structure, and the general cleaning and upkeep of all elements of the Structure. All maintenance and upkeep work, ordinary as well as extraordinary, and structural as well as non-structural, shall be made promptly, as and when necessary. All repairs and replacements shall be in a quality and class at least equal to the original work. 5. Utilities: Lessee shall pay the charges for all utility services, if applicable, furnished to the Structure, including all connection and installation charges, deposits, and similar charges that may be incurred in connection with any utility services. 6. Approval of Plans: Prior to construction of any Structure in the Premises, Lessee agrees that it shall submit the plans for the Structure to the City Manager, City Engineer, and Building Commissioner for the City of Roanoke, Virginia. for review and approval. Lessee shall not construct any structure in the Premises until such approvals have been granted by such entities in writing, which shall not unreasonably be withheld. 7. Compliance with Laws, Statutes, Etc.: Lessee shall comply with all applicable City. State,and Federal laws,ordinances,regulations, statutes,and codes.including all relevant building and safety codes, in connection with the construction. maintenance, and operation of the Structure being placed in the Premises and obtain all permits required by applicable law at Lessee's sole 3 expense. Lessee shall further comply with all applicable City. State, and Federal laws. ordinances. rules and regulations affecting the use or occupancy of the Structure. S. Taxes and Assessments: The Lessee shall pay for any and all property taxes assessed against the Premises and Structure during the term of this Lease and any renewals thereof. 9. Removal of Structure: At the expiration of the Lease term, or any renewals thereof, if no agreement to the contrary has been reached, or if at any point during the Lease term the Structure becomes unsafe or fails to meet the provisions of any applicable building or safety codes, and Lessee ref uses or is unable to correct such structural or safety defect within a reasonable time after proper notice thereof from Lessor,Lessee agrees to demolish and remove the Structure solely at its own expense. All demolition and related work required for the removal of such structures shall be done diligently and in conformity with all legal and safety requirements, in a good and workman-like manner, and in accordance with any reasonable standards required by the Lessor. In order to ensure performance of Lessee's obligations as set forth above in relation to the demolition and removal of the Structure within the Premises, solely at the expense of the Lessee, Lessee hereby agrees to obtain a performance bond naming the Lessor as the oblige or insured party in the event Lessee does not demolish and remove the structure, as required by this Lease. This bond shall be with a reputable bonding company licensed to do business in the Commonwealth of Virginia and in the initial amount of (S ). The bond shall be in force prior to the initiation of any construction of the Structure within the Premises and shall remain in force for the term of this Lease and any renewals hereof. The amount of the bond required herein shall be reviewed every five (5) years and may be increased or decreased at the time of each review by Lessor to reasonably reflect the reasonable cost of 4 demolition and removal of the Structure at that time. The form of the bond and the amount of the bond must be approved by the Roanoke City Attorney before it will be accepted by Lessor. 10. Hold Harmless and Indemnity: Lessee shall indemnify and hold harmless Lessor and its officers,agents,and employees against any and all liability, losses, damages,claims,causes of action, suits of any nature, costs, and expenses, including reasonable attorney's fees, brought against Lessor, resulting from or arising out of Lessee or its employees, agents. or subcontractors actions, activities, or omissions, negligent or otherwise, involving the Structure. and this includes, without limitation, any fines or penalties, violations of federal, state, or local laws or regulations, personal injury, wrongful death, or property damage claims or suits. 11. Insurance: Lessee shall obtain and maintain the insurance coverages set forth below during the term of this Lease. including any extension, general liability bodily injury and property damage, liability insurance coverage with respect to claims arising out of the subject matter of this Lease. The minimum amount of such insurance shall not be less than: a. In the case of bodily injury liability insurance, $2,000,000 for injuries including death, to one person in any one occurrence and S5,000,000 annual aggregate: b. In the case of property damage insurance, $500,000 for any damage in any one occurrence and $1.000,000 annual aggregate; c. In the case of general liability insurance, coverage in the amount of S2,000,000; and d. The above amounts may be met by umbrella coverage in a minimum amount of $5,000,000. Lessee shall name the City of Roanoke, Virginia, its employees, agents, and assigns as additional insured as its interests may appear on the above policies.Prior to execution of this Lease. Lessee shall furnish the Lessor with certificates evidencing the required coverage and containing a statement to the effect that the coverage shall not be canceled or materially altered except after thirty(30)days' written notice to the Lessor. The amount of the insurance required herein shall be 5 reviewed every five years and may be increased or decreased at the request of the Lessor for reasonable cause. 12. Covenant of Title and Quiet Enjoyment: Lessor hereby covenants and warrants that Lessor has full right and lawful authority to enter into this Lease for the term of this Lease or any renewal hereof, that Lessor is lawfully seizes of the entire premises herein demised and has the title thereto, free and clear of encumbrances, and further that Lessee's quiet and peaceable enjoyment of the Premises during the term of this Lease, or any renewal, shall not be disturbed or interfered with by anyone. 13. Termination: This Lease may be terminated at any time by mutual agreement, in writing, of the Lessor and Lessee. In addition, if the Lessee breaches, or is in default in the performance of, any covenant of this Lease, and if such breach or default is not cured within thirty (30) days from the date of such notice but Lessee has not proceeded with reasonable diligence and in god faith to remedy any breach of default within the thirty (30) day period, Lessor may give Lessee written notice of its unilateral right to terminate this Lease at some date not less than ninety (90) days after the date of the termination notice. 14. Notice: All notices required by any provision of this Lease shall be given in writing. by registered or certified mail,addressed to the part to whom the notice is to be given at the address hereafter given or at such other addresses as from time to time which may be given by the parties. Notice shall be deemed to have been made at the time of depositing the letter in the United States Post Office. Addresses of the parties are as follows: Lessor: City Manager Room 364,Noel C. Taylor Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia, 24011 6 Lessee: 15. Successors and Assigns: It is understood and agreed that all the covenants, agreements. terms, conditions, and provisions of this Lease or any renewal hereof shall extend to and be binding upon the assigns and/or successors in interest to the respective parties hereto. Any assignment of this Lease must be approved by the Lessor, but such approval shall not be unreasonably withheld. If consent to assign is given, no such assignment shall in any way release or relieve Lessee from any of the covenants or undertakings contained in this Lease and the Lessee shall remain liable for the Lease during the entire term thereof 16. Signage: Lessee acknowledges and agrees that it shall not place or display any signage, or other markings or displays of any kind, within the Premises without the written approval of Lessor which approval shall not unreasonably be withheld. 17. Forum Selection and Choice of Law: By virtue of entering into this Lease, the parties submit themselves to a court of competent jurisdiction in City of Roanoke, Virginia, and further agrees that this Lease is controlled by the laws of the Commonwealth of Virginia without regard to its conflict of laws principles, and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. 18. Severability: If any provision of this Lease, or the application of any provision hereof to a particular entity or circumstance. shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Lease shall not be affected, and all other terms and conditions of this Lease shall be valid and enforceable to the fullest extent permitted by law. 7 19. Headings: The captions and headings in this Lease are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Lease. 20. Authority to Sign: The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease on behalf of the party for whom they are signing. 21. Protecting Persons and Property: Lessee expressly undertakes, both directly and through its subcontractors, to take every reasonable precaution at all times for the protection of all persons and property in constructing and thereafter maintaining the Structure in the Premises (the "Work"). The Lessee will maintain adequate protection of the area in which the Work will be performed to protect and prevent damage to the public and adjacent property owners to prevent any damage or loss of use and enjoyment of property by their owners, taking such measures that include and are not limited to, posting and maintaining, at Lessee's expense, appropriate signs, barricades, barriers, lights, flagmen, and other safety devices in accordance with applicable law. Lessee agrees to be responsible for the entire Work and will be liable for all damages from the Work, including, but not limited to, damages to any property in the vicinity or adjacent to the Work. All damage with respect to the Work caused by vandalism, weather, or any other cause shall be the responsibility of the Lessee. Furthermore, any damage to concrete curbs, gutters, sidewalks, or any existing facility or other property, both real and personal, whether owned by Lessor or others that may occur as a result of the Work,caused by the action or inaction of Lessee, shall be repaired or replaced by the Lessee, at Lessee's sole expense. 22. Safety and Health Precautions: Lessee shall be solely responsible for initiating. maintaining, and supervising all safety and health precautions and programs in connection with the Work, including but not limited to provision of appropriate sanitation facilities, if applicable. 8 23. Entire Agreement: It is understood that this Lease contains the entire agreement between the parties. Any modifications to the Lease shall be in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have signed this Amendment No. One by their authorized representatives as of the date stated above. LESSOR: CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation By Robert S. Cowell, Jr., City Manager LESSEE: By: Printed Name: Title: 9 EXHIBIT A LEGAL DESCRIPTION OF AIR RIGHTS BEING LEASED That portion of hereinafter described area in the City of Roanoke. Virginia, lying within the confines of Jefferson Street, S.W., the said area being more particularly described as follows: Commencing at the intersection of the North line of McClanahan Street, S.W. and the West line of Jefferson Street, S.W., Thence along the West Line of Jefferson Street, S.W. N 40°49'19" E, a distance of 3.78' to a point; Thence N 20°17'48" E, a distance of 173.26' to a point; Thence N 19°27'48" E, a distance of 7.90' to the Point of Beginning; Thence N 19°27'48" E, a distance of 117.94' to a point; Thence N 20°04'18"E,a distance of 46.74' to a point;Thence leaving the West line of Jefferson Street, S.W. S 71°41'07" E, a distance of 71.51' to the East line of Jefferson Street, S.W.; Thence along the East line of Jefferson Street, S.W. S 20°11'22" W. a distance of 24.86'; Thence leaving the East line of Jefferson Street, S.W.N 71°41'07"W, a distance of 62.95' to a point; Thence S 20°04'18" W, a distance of 22.10' to a point: Thence S 19°27'48" W, a distance of 117.89' to a point; Thence N 70°32'12" W. a distance of 8.50' to a point on the West line of Jefferson Street, S.W. and being the Point of Beginning, as shown on an un-recorded plat by Balzer And Associates, Inc. dated October 27. 2022, last revised March 27, 2023, entitled `Compiled Lease Area Exhibit for Carilion Medical Center Showing Hereon Limits of Air Rights Lease Crossing Jefferson Street, S.W. Between 1906 Belleview Avenue, S.W., and 2017 Jefferson Street. S.W.,City of Roanoke,Virginia"a copy of which is attached hereto and made a part hereof said area being further described as that area contained between horizontal planes defined by elevation 965 feet on the bottom, and elevation 986 feet on the top. 10 The Roanoke Times I Account Number I Roanoke,Virginia 6012830 Affidavit of Publication Date CITY OF ROANOKE-DEPT OF FINANCE Attn Lesha VanBuren,Budget Analyst June 12,2023 215 CHURCH AVE SW ROOM 357 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 06/21/2023 Legal Notices PUBLI HEARING 2 x 16.75 IN 5,537.66 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 PUBLI HEARING was published in said newspapers on the following dates: 06/05,06/12/2023 The First insertion being given ... 06/05/2023 Newspaper reference: 0001425799 Billing Repr enta Sworn to and subscribed before m this 1241 Day of June 2023 y ett ‘ Notary Pu lic Kimberly Kay Harris State of Virginia NOTARY PUBLIC County of Hanover Commonwealth of Virginia My Commission expires Reg.No.356753 am fission Exp.Jan.31,2025 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING ` AND ADVERTISEMENT FOR BIDS Lease of Air Rights Located in City of Roanoke Over a Portion of South Jefferson Street,S.W. Notice is hereby given that the City of Roanoke,Virginia,proposes to grant by ordinance the lease of air rights located in the City of Roanoke over a portion of South Jefferson Street,S.W.,fora sixty(60)year term beginning July 1,2023 and ending Jmio 30,2083,or for such sixty year term comaen cing as soo as all legal requirements have been met,to provide nt area and spa.for a pedestrian bridge and crosswalk to be constructed across a portion of South Jefferson Street,S.W.,in connection with the expulsion of facilities owned by Carillon Medical Center at 1906 Belleview Avenue S.E.,Roanoke,Virginia.Such area being described as follows: That portion of hereinafter described area lying within the confines of Jefferson Street,S.W.,the said area being more particularly described as follows: Commencing at the intersection of the North line of McClanahan Street,S.W.and the West line of Jefferson Street,S.W.,Thence along the West Line of Jefferson Street,S.W.N 40°49'19"E,a distance of 3.78'to a point;Thence N 20°I7'48"E,a distance of 173.26'to a point;Thence N 19.27'48"E,a distance of 7.90'to the Point of Beginning;Thence N 19°27'48"E,a distance of 117.94'to a point; -- ThenceN20°04'18"E,a distance of46.74'to a point;Thence leaving the Wiest line of Jefferson Street,S.W.S 71°41'07"E,a distance of 71.51'to the East line of Jefferson Street,S.W.;Then.along the East line of Jefferson Street,S.W.S 20°I I'22"W,a distance of 24.86'; Thence leaving the East line of Jefferson Street,OW N 71.41'07"W, a distance of 62.95'to a point;Thence S 20°04'18"W,a distance of 22.10'to a point;Thence S 19°27'48"W,a distance of 117.89'to a point;Thence N 70.32'12"W,a distance of 8.50'to a point on the West line of Jefferson Street,S.W.and being the Point of Beginning, as shown on an on-recorded plat by Balzer And Associates,Inc.dated October 27,2022,last revised March 27,2023,entitled"Compiled - Lease Area Exhibit for Cm'on Medical Center Showing Hereon Limits of Air Rights Lease Crossing Jefferson Street,S.W.Between 1906 Belleview Avenue,S.E.,and 2017 Jefferson Street,S.W.City of Roanoke,Virginia",said area twine further described as that area contained between horizontal planes defined by elevation 965 feet on the bottom,and elevation 986 feet on the top Pursuant to the requirements of Sections 15.2-1800.13,15.2-1813.15.2-2101 Code of Virginia(1950),as amended,notice is hereby given that the Council of the City of Roanoke will hold a public hexing on the above matter at its regular meeting to be held on Tuesday,June 20,2023,at 7:00 pm.,or as soon thereafter 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,to receive public comments on the proposed lease Citizens shall have the opportunity to be heard and express their opinions on said matter. All persous wishing to address City Council must sign-up with the City Clerk's Office by emailing derkgrormokewcgov or calling(540)853-2541 by 4:00 noon,on Tuesday.June 20,2023. A copy of the full-text of the proposed ordinance,proposed lease,and lease area exhibit showing the location of the air space being considered,and bid form,are available on rid after Monday,June 5,2023,from the Office of the City Clerk,4th Floor,Room 456,Noel C.Taylor Municipal Building, 215 Church Avenue,S.W.,Roanoke,Virginia,24011_For further information an the matter or to receive a bid form,you may contact the Office of the City Clerk at(540)853-2541. If you area 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,June 15,2023. Any interested party is hereby invited to submit a completed bid form for the air tights proposed to be granted.Each bidder shall submit the following information: I.The legal name of the entity submitting the bid,including the Identification Number issued toil by the Virginia State Corporation Commission. 2.The amount of the band the bidder proposes to obtain to secure its obligations under the lease agreement for the re oval and demolition of the pedestrian crosswalk.The bond form and bond amountandsubject to final approval of the City of Roanoke d may c be increased in such reasonable amounts front time to time as necessary to reflect market conditions 3.The amount of rent the bidder proposes to pay the City of Roanoke for the lease of air rights over the sixty-year term of the Air Rights J race 4.Information demonstrating bidder has the ability,financial and otherwise,to perform in obligations under the Air Rights Lease. 5.Infonnatiun demonstrating bidder has the character,judgment, integrity,experience,and reputation conducting its business and performance of its contracts andagreemenu. 6.Other information as the bidder deems appropriate Bids will be received in the Office of the City Clerk until 4:30 pm.,local time, Tuesday,June 20,2023.The outside of the bid envelope should be marked as follows:"BID FOR LEASE OF AIR RIGHTS ACROSS A PORTION OF SOUTH JEFFERSON STREET,S.W.WITH CITY OF ROANOKE, NOT TO BE OPENED UNTIL THE CITY COUNCIL MEETING AT 7:00 P.M.ON JUNE 20,2023."The bid should be addressed to the City Council of Roanoke,do Office of the City Clerk,Room 456,Noel C Taylor Municipal Building,215 Church Avenue,S.W.,Roanoke,Virginia, 24011.All bids so received will be held by the City Clerk,unopened until 7:00 pm.,local time,on the'.saws date at which time all bids so received will be delivered to the Roanoke City Council Chamber,Room 450, Municipal Building,Roanoke,Virginia,and then publicly opened and read aloud before the Roanoke City Council. If the City elects to grant and award a lea.of such air space City Council will be requested to adopt an ordinance to that effect. At the June 20,2023,public hearing,the City of Roanoke may award a lease of air rights to the highest responsible and responsive bidder who will provide the best combination of value of proposed improvements to the property and or the rental fee for privileges and rights to be granted pursuant hereto. By submitting a bid,the entity to whom the lease of air rights may be granted and awarded shall reimburse the City for the costs of any newspaper advertisements for this matter. The City of Roanoke expressly reserves the right to reject any and all bids,to waive any informality or irregularity in the bids received,and to accept the bid which is deemed to be in the best interest of the City. The City of Roanoke provides interpretation at o cost for all public meetings,upon request.If you would like to request n interpreter,please let us know at least 24 hours in advance by calling(540)853-1283. La Ciudad de Roanoke propomiona interpretacidn sin costa por todas vitas pubbcas,previa solicilud.Si ustd desea solidtar n mterprere,hJganoslo __saber con at menus 24 horn tie.._.e..,,;_ ___.. _.— _--.______ - _—- por Bnrnsr(540)853-1283. - _ - la Roanoke linatoa huduma ya ukalimani bila malipo katika kutano yore ya ammo, t napoombwa. Iwapo ungependa knomba mkalimni, tafadhali mjulisheangalau sax 24 kahla kwa kupiga mints(540)853-1283. 444 Given under my hand this 5th day of June,2023. Cecelia F.McCoy,City Clerk r NOTICE OF PUBLIC HEARING AND ADVERTISEMENT FOR BIDS Lease of Air Rights Located in City of Roanoke Over a Portion of South Jefferson Street, S.W. Notice is hereby given that the City of Roanoke, Virginia, proposes to grant by ordinance the lease of air rights located in the City of Roanoke over a portion of South Jefferson Street, S.W., for a sixty (60) year term beginning July 1, 2023 and ending June 30, 2083, or for such sixty year term commencing as soon as all legal requirements have been met, to provide sufficient area and space for a pedestrian bridge and crosswalk to be constructed across a portion of South Jefferson Street, S.W., in connection with the expansion of facilities owned by Carilion Medical Center at 1906 Belleview Avenue, S.E., Roanoke, Virginia. Such area being described as follows: That portion of hereinafter described area lying within the confines of Jefferson Street, S.W., the said area being more particularly described as follows: Commencing at the intersection of the North line of McClanahan Street, S.W. and the West line of Jefferson Street, S.W., Thence along the West Line of Jefferson Street, S.W. N 40°49'19" E, a distance of 3.78' to a point; Thence N 20°17'48" E, a distance of 173.26' to a point; Thence N 19°27'48" E, a distance of 7.90' to the Point of Beginning; Thence N 19°27'48" E, a distance of 117.94' to a point; Thence N 20°04'18" E, a distance of 46.74' to a point; Thence leaving the West line of Jefferson Street, S.W. S 71°41'07" E, a distance of 71.51' to the East line of Jefferson Street, S.W.; Thence along the East line of Jefferson Street, S.W. S 20°11'22" W, a distance of 24.86'; Thence leaving the East line of Jefferson Street, S.W. N 71°41'07" W, a distance of 62.95' to a point; Thence S 20°04'18" W, a distance of 22.10' to a point; Thence S 19°27'48" W, a distance of 117.89' to a point; Thence N 70°32'12"W, a distance of 8.50' to a point on the West line of Jefferson Street, S.W. and being the Point of Beginning, as shown on an un-recorded plat by Balzer And Associates, Inc. dated October 27, 2022, last revised March 27, 2023, entitled "Compiled Lease Area Exhibit for Carilion Medical Center Showing Hereon Limits of Air Rights Lease Crossing Jefferson Street, S.W. Between 1906 Belleview Avenue, S.E., and 2017 Jefferson Street, S.W. City of Roanoke, Virginia", said area being further described as that area contained between horizontal planes defined by elevation 965 feet on the bottom, and elevation 986 feet on the top. Pursuant to the requirements of Sections 15.2-1800.B, 15.2-1813, 15.2-2101 Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Tuesday, June 20, 2023, at 7:00 p.m., or as soon thereafter 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, to receive public comments on the proposed lease. Citizens shall have the opportunity to be heard and expess their opinions on said matter. 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 4:00 noon, on Tuesday, June 20, 2023. A copy of the full-text of the proposed ordinance, proposed lease, and lease area exhibit showing the location of the air space being considered, and bid form, are available on and after Monday, June 5, 2023, from the Office of the City Clerk, 4th Floor, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. For further information on the matter or to receive a bid form, 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, June 15, 2023. Any interested party is hereby invited to submit a completed bid form for the air rights proposed to be granted. Each bidder shall submit the following information: 1. The legal name of the entity submitting the bid, including the Identification Number issued to it by the Virginia State Corporation Commission. 2. The amount of rent the bidder proposes to pay the City of Roanoke as rent for the lease of air rights. 3. The amount of the bond the bidder proposes to obtain to secure its obligations under the lease agreement for the removal and demolition of the pedestrian crosswalk. The bond form and bond amount are subject to final approval of the City of Roanoke and may be increased in such reasonable amounts from time to time as necessary to reflect market conditions. 4. The amount of rent the bidder proposes to pay the City of Roanoke for the lease of air rights over the sixty-year term of the Air Rights Lease. 5. Information demonstrating bidder has the ability, financial and otherwise, to perform its obligations under the Air Rights Lease. 6. Information demonstrating bidder has the character, judgment, integrity, experience, and reputation in conducting its business and performance of its contracts and agreements. 7. Other information as the bidder deems appropriate. Bids will be received in the Office of the City Clerk until 4:30 p.m., local time, Tuesday, June 20, 2023. The outside of the bid envelope should be marked as follows: "BID FOR LEASE OF AIR RIGHTS ACROSS A PORTION OF SOUTH JEFFERSON STREET, S.W. WITH CITY OF ROANOKE, NOT TO BE OPENED UNTIL THE CITY COUNCIL MEETING AT 7:00 P.M. ON JUNE 20, 2023." The bid should be addressed to the City Council of Roanoke, do Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. All bids so received will be held by the City Clerk, unopened until 7:00 p.m., local time, on the same date, at which time all bids so received will be delivered to the Roanoke City Council Chamber, Room 450, Municipal Building, Roanoke, Virginia, and then publicly opened and read aloud before the Roanoke City Council. If the City elects to grant and award a lease of such air space, City Council will be requested to adopt an ordinance to that effect. At the June 20, 2023, public hearing, the City of Roanoke may award a lease of air rights to the highest responsible and responsive bidder who will provide the best combination of value of proposed improvements to the property and or the rental fee for provileges and rights to be granted pursuant hereto. By submitting a bid, the entity to whom the lease of air rights may be granted and awarded shall reimburse the City for the costs of any newspaper advertisements for this matter. The City of Roanoke expressly reserves the right to reject any and all bids, to waive any informality or irregularity in the bids received, and to accept the bid which is deemed to be in the best interest of the City. The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling (540) 853-1283. La Ciudad de Roanoke proporciona interpretaciOn sin costo por todas citas publicas, previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelacion por Ilamar (540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu (540) 853-1283. v.-44.j; 4uya Lil J91' sogac `l..l� 4a,L "I), 19�.>� `—�9 c �� S9'9J )8-• (540) 853-1283 Jya,r; o) :ram p _3' C.cL 24 J LI vL.i uL47'y i p,q., .4Jr•SS.4 U lA Given under my hand this 5th day of June, 2023. Cecelia F. McCoy, City Clerk Note to Publisher: Please publish once in The Roanoke Times, legal notices, on June 5, 2023 and June 12, 2023. Please send bill to: Please send affidavit of publication to: Brent Robertson, Assistant City Manager Cecelia F. McCoy, City Clerk For Community Development 4th Floor,Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Roanoke, Virginia, 24011