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HomeMy WebLinkAboutCouncil Actions 06-19-17TRINKLE 40849- 061917 ROANOKE CITY COUNCIL REGULAR SESSION JUNE 19, 2017 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order - -Roll Call. Vice -Mayor Price was absent. The Invocation was delivered by The Reverend Dwight O. Steele, Sr., Pastor, Pilgrim Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, June 22 at 7:00 p.m., and Saturday, June 24 at 4:00 p.m.; and video streamed by Internet through CivicPlus at roanokeva.gov /councilmeetings. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: The Council of the City of Roanoke is seeking applications for the following current vacancies and /or upcoming expirations of terms of office: Mill Mountain Advisory Board — one vacancy Three -year term of office ending June 30, 2020 Parks and Recreation Advisory Board — two vacancies Terms of office ending March 31, 2020 1 Personnel and Employment Practices Commission — one vacancy (City Employee) Three -year term of office ending June 30, 2020 Roanoke Arts Commission — two vacancies Three -year term of office ending June 30, 2020 Visit Virginia's Blue Ridge, Board of Directors — one vacancy One -year term of office ending June 30, 2018 Youth Services Citizen Board — one vacancy (Citizen At- Large) Three -year term of office ending June 30, 2020 Access the City's homepage to complete an online application for the abovementioned vacancies. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Mayor Lea announced that the City of Roanoke was selected as a 2017 All- America City for the seventh time. A delegation that included himself, Acting City Manager Brian Townsend, Roanoke City School Superintendent Dr. Rita Bishop, Roanoke Symphony Orchestra Music Director and Conductor David S. Wiley, and Library Director Sheila Umberger, along with library staff attended the National Civic League's All America City Conference in Denver, Colorado to accept the award. 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. Frank G. Mousour, 3509 Birchwood Avenue, N. E., appeared before the Council regarding vehicle tax relief for senior citizens. 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 A communication from Council Member David B. Trinkle, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the annual performances of the Council- Appointed Officers, pursuant to Section 2.2- 3711(A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -2 A communication from Council Member David B. Trinkle, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the selection of a City Manager, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -3 A communication from the City Attorney requesting that Council convene in a Closed Meeting for consultation with legal counsel pertaining to actual or probable litigation, where such consultation and briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, pursuant to Section 2.2- 3711(A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -4 Reports of qualification of the following individuals: Lauren E. Hartman as a member of the Parks and Recreation Advisory Board for a three -year term of office ending March 31, 2020; Amelia C. Merchant as the City Manager's designee member of the Defined Contribution Board for a four -year term of office ending June 30, 2021; John Francis as a City representative of the Roanoke Valley Greenway Commission for three -year term of office, beginning July 1, 2017 and ending June 30, 2020; Chris Bryant as a member of the Parks and Recreation Advisory Board for a three -year term of office ending March 31, 2020; and John R. Clements as a City representative of the Roanoke Regional Airport Commission for a four -year term of office ending March 9, 2021. MMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF ACTING CITY MANAGER: a. ACTING CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: Acceptance and appropriation of funds from the Virginia Department of Health in order for the Parks and Recreation Department to establish a MEND 7 -13 Program at Fallon Park and Westside Elementary Schools that empowers 7 — 13 olds to reach and maintain a healthy weight. Adopted Resolution No. 40849. 061917 and Budget Ordinance No. 40850-061917. (6 -0) 2. Appropriation of Fiscal Year 2017 library consortium revenues for the SIRSI computer system, which allows customers to locate and check out library materials in the Roanoke Valley. Adopted Budget Ordinance No. 40851-061917. (6 -0) 3. Appropriation of funds from the Parking Fund Retained Earnings for preventative maintenance repairs in the Campbell, Church Avenue, Gainsboro, Center in the Square, Tower and Elmwood Park Garages and needed surveillance capabilities to enhance the safety and security in all of the PARK Roanoke parking garages. Adopted Budget Ordinance No. 40852-061917. (6 -0) 4. Appropriation of funds in connection with the Fiscal Year 2017 revenue and expenditure budget adjustments. Adopted Budget Ordinance No. 40853 - 061917. (6 -0) 5. Acquisition of real property rights for the Heatherton Road Stormwater Drainage Improvement Project. Adopted Ordinance No. 40854- 061917. (6 -0) 6. Amendment of Section 12 -2 of the City Code regarding changes to the age and residency requirements for firefighters /emergency medical technicians and firefighters /paramedics. Adopted Ordinance No. 40855-061917. (6 -0) 7. Amendment of the City Code to provide for installation, regulation and operation and use of on- street parking meters within the City. Adopted Ordinance No. 40856 - 061917 and Resolution Nos. 40857 - 061917 and 40858- 061917. (6 -0) 8. Execution of Amendment No. 1 to the Berglund Center Management Agreement with Global Spectrum, LP, to include the provision of food and beverage services. Adopted Ordinance No. 40859-061917. (6 -0) 9. Adoption of a resolution to repeal Resolution No. 40822- 051517, adopted by the Council on May 15, 2017, to correct two errors regarding the Capital Improvement Program for Fiscal Years 2018 - 2022; and to endorse a revised update to the Program. Adopted Resolution No. 40860 - 061917. (6 -0) 10. Execution of an agreement between the City of Roanoke and Carillon Property Management, Inc., to allow use of parking spaces along the fence on Evans Mill Road, S. W., as a shuttle drop -off point; and to indemnify and hold Carillon harmless from any and all liabilities arising out of the use of its facilities in connection with the Annual Fireworks Show at River's Edge Sports Complex on Tuesday, July 4, 2017. Adopted Resolution No. 40861 - 061917. (5 -0, with Council Member Trinkle abstaining.) 11. Execution of Amendment No. 4 to the Contract for Purchase and Sale of Real Property dated February 28, 2014, between the City of Roanoke and Northwest Recreation Club, Inc., to extend the project completion date to July 31, 2017, due to additional time required by Appalachian Power to provide permanent electrical service to the site; and weather related delays in the installation of asphalt paving for handicap sidewalk access to the building. Adopted Ordinance No. 40862-061917. (6 -0) COMMENTS OF ACTING CITY MANAGER The Acting City Manager commented on the following: July 4 • Independence Day Holiday - Municipal offices will be closed • Roanoke Fireworks on the Fourth • River's Edge Sports Complex, 7:00 to 10:00 p.m. • "Winds of the Blue Ridge" will perform until 8:30 p.m., followed by music from 94.9 Star County leading up to the fireworks. • This year, the city is unable to run shuttle buses from downtown due to the Franklin Road Bridge Replacement project. • However, shuttle buses will run from the Virginia Western Community College parking lot. • If there is inclement weather on July 4, the fireworks will be rescheduled for the following day, July 5, at the same time. • More information is available at www.playroanoke.com /fireworks Reminders: "Book -Rich Environments" Launch • Friday, June 23, 10:00 a.m. • Melrose Branch Library in Horton Park • Rain location will be the Goodwill Jobs Campus, located at 2502 Melrose Ave. Suite C. Deschutes Brewery Street Pub • Saturday, July 15 • Elmwood Park • 2:00 -10:00 p.m. Budweiser Summer Series — "Flo Rida" • Sunday, July 16 • Elmwood Park Amphitheater • Gates Open: 6:00 p.m., Show Starts: 7:00 p.m. Additional Information: The city recently switched to having City Council meetings live - streamed on Facebook. Currently, there were more than 2,000 viewers watching the Council meeting on Facebook, which far exceeds expectations. Introduced Andrew McCray, summer intern in City Manager's Office. Andrew has a degree in Civil Engineering from Virginia Tech, and is pursuing a master's degree Urban Planning at Virginia Tech. This summer he will be working on projects related to community development. b. MUNICIPAL AUDITOR: Amendment of the City Code to transfer local tax trust administration from the Department of Finance to the Commissioner of the Revenue and Treasurer to facilitate the City's implementation of a centralized tax, billing and cashiering system. Adopted Ordinance Nos. 40863 - 061917, 40864 - 061917, 40865 - 061917, 40866 - 061917, and 40867 - 061917. (6 -0) C. CITYATTORNEY: Adoption of a resolution designating members of the City of Roanoke Pension Board of Trustees and members of the Defined Contribution Board to file financial disclosure statements, pursuant to Section 2.2 -3118, Code of Virginia (1950), as amended. Adopted Resolution No. 40868 - 061917. (6 -0) d. DIRECTOR OF FINANCE: Amendment of the City Code to provide for the return of member contributions in the event the member has applied for and received an occupational disability award. Adopted Ordinance No. 40869-061917. (6 -0) 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the Director of Finance recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 40870-061917. (6 -0) b. A report of the Roanoke City School Board requesting amendment to the 2017 - 2018 Categorical Budget in order to include adjustments to revenues to match the final budget adopted by the City of Roanoke; and a report of the Director of Finance recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 40871-061917. (6 -0) C. A report of the Roanoke City School Board requesting appropriation of funds for construction of a new gymnasium at Hurt Park Elementary School; and a report of the Director of Finance recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 40872-061917. (6 -0) 9. UNFINISHED BUSINESS: a. Continuation of the matter with regard to a proposal of the City of Roanoke to amend Chapter 32, Taxation, Section 32 -239, Definitions, Article X, Transient Occupancy Tax, Code of the City of Roanoke (1979), as amended, by amending the definition of "hotel" to include "bed and breakfast" and "homestay' establishments, and "short-term rental." The matter was tabled indefinitely. (6 -0) 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Mayor Lea acknowledged the 152nd Anniversary of the end of slavery in our Country, noting that in previous years, a Juneteenth Celebration was held in Washington Park. However, since no Juneteenth Celebration was planned for this year, he asked his colleagues to join him in coordinating a 2018 celebration event. He concluded by wishing citizens a joy - filled and safe Fourth of July holiday. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 12. RECESSED - 4:08 P.M. AT 4:08 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM; AND THEREAFTER, TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER. ROANOKE CITY COUNCIL REGULAR SESSION JUNE 19, 2017 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. Vice -Mayor Price was absent. The Invocation was delivered by Mayor Sherman P. Lea, Sr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. Welcome. Mayor Lea. CERTIFICATION OF CLOSED MEETING. (6 -0) Council Member Trinkle, Chairman, City Council Personnel Committee announced that City Council was prepared to begin interviews of candidates for the position of City Manager and a closed meeting would be held at an undisclosed location within fifteen days of June 19, 2017 for the sole purpose of interviewing candidates for the position of City Manager. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, June 22 at 7:00 p.m., and Saturday, June 24 at 4:00 p.m.; and video streamed by Internet through CivicPlus, at roanokeva.gov /councilmeetings. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of Allyson Hart as Miss Wheelchair Virginia. Mayor Lea and Council Member Ferris presented a ceremonial resolution to Allyson Courtney Hart as Ms. Wheelchair Virginia 2017 -2018. Adopted Resolution No. 40873 - 061917. Recognition of Recycling Stars Poster Contest participants. Mayor Lea recognized Skip Decker, Manager of Solid Waste Management, and presented a "Recycling Stars" Poster Contester with a City gift. B. PUBLIC HEARINGS: 1. Request of Eric L. and Patti J. Mills to vacate an approximately 60 -foot portion of an alleyway located between and running parallel with 7th Street and 8th Street, S. W., being vacated north of Marshall Avenue, S. W., between and adjacent to the entire westerly side of Official Tax Map No. 1113209, and a portion of the easterly side of Official Tax Map No. 1113210. Eric L. and Patti J. Mills, Spokespersons. Adopted Ordinance No. 40874- 061917. (6-0) 2. Request of JETR, LLC, and Parkside Storage, LLC, to rezone properties located at 2125, 2129, 2133, and 2137 Dale Avenue, S. E., from MXPUD, Mixed Use Planned Unit Development District, and 1 -1, Light Industrial District, with conditions, to MXPUD; and to amend the Planned Unit Development Plan for use as a commercial center to include two warehouse storage facilities. Joseph Thompson, Spokesperson. Adopted Ordinance No. 40875-061917. (6 -0) 3. Requests of Southeast Rural Community Assistance Project, Inc., (SERCAP), and 347 West Campbell LLC, for designation of its real and personal properties located at 347 West Campbell Avenue, S. W., as exempt from taxation. Hope F. Cupit, President and Chief Executive Officer, Spokesperson. Adopted Ordinance No. 40876-061917. (6 -0) 4. Request of Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc., for designation of its real property located at 1018 First Street, S. W., as exempt from taxation. Mark D. Loftis, Counsel, Spokesperson. Adopted Ordinance No. 40877-061917. (6 -0) 10 5. Proposal of the City of Roanoke in connection with the new solid waste collection fee and such solid waste fee having first priority of payments being applied to it, Section 11.5 -8, Stormwater Utility, of the City must be amended to update the priority of payments received by the City and how those payments are to be applied to the taxes and fees included on the real estate tax bill. Daniel J. Callaghan, City Attorney. Adopted Ordinance No. 40878-061917. (6 -0) C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. D. ADJOURNED- 7:56 P.M. 11 or n� CITY OF ROANOKE e 0 �1 CITY COUNCIL — 215 Church Avenue S.W. Noel C. Taylor Municipal Building Suite 456 ���RtatNSM � Roanoke, Virginia 24011-1536 Telephone. (540) 853 -2541 SHERMAN P. LEA, SR. Fax: (540) 853 -1145 Mayor Email: clerk(foanokeva.gov June 19. 2017 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: Council Members William D. Bestpitch Michelle L. Dykstra Raphael E. "Ray' Ferris John A. Garland Anita J. Price David B. Trinkle This is to advise you that I will not be present at the 2:00 p.m. and 7:00 p.m. sessions of Council on Monday, June 19, 2017. Best wishes for a successful meeting. Si' '1 ��J Anita J. Price Vice -Mayor AJP /ctw h"1'G: PI[ AN I M. MOON nNYNOLO.ti, N M C Cily ('lash CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 'Telephone: (.540)951-2541 Wu,: (54111851 -1145 1�; nlxil: cicrk(rrnannkevn . µuv June 26, 2017 The Reverend Dwight O. Steele, Senior Pastor Pilgrim Baptist Church 1415 8" Street, N. W. Roanoke, Virginia 24016 Dear Pastor Steele: CECEIAA F. MCCOY Onpuly UIy C k, k CEC ELIA'1'. N'G6), C'N(' As kfitm Uepnp Cily Clerk On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, June 19, 2017. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. CFM:aa Sincerely, Cecelia F. Mccoy Deputy City Clerk e a CITY OF ROANOKE o CITY COUNCIL 215 Church Avenue, 5. W. 1 ` Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011 -1536 Telephone (540) 853 -2541 SHERMAN P. LEA, SR. Fax: (540) 853 -1145 Email. clerkrdroanokeva.gov Mayor June 19, 2017 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: Council Members William D. Bc,apitah Michelle L. Dykstra Raphael E.'Ray" Ferris John A. Garland Anita J. Price David B. Trinkle I wish to request a Closed Meeting to discuss the annual performances of the Council - Appointed Officers, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, avid B. Trinkle, Chair City Council Personnel Committee DBT:ctw The Honorable Mayor Sherman P. Lea and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: I wish to request a Closed Meeting to discuss a personnel matter, being the selection of a City Manager, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. Si cerely, David B. Trinkle, Chair City Council Personnel Committee DBT:ctw CITY OF ROANOKE CITY COUNCIL — I�t 215 Church Avenne, 5. W. Noel C, Taylor Municipal Building, Suite 456 ��rrsptNC!c� Roanoke, Virginia 24011 -1536 -- Telephone: (540) 853 -2541 SHERMAN P. LEA, SR. Fax: (540) 953 -1145 Council Members Mayor Email: clerk(a)roanokeva.go, William D. Beatpitch Michelle L. Dykstra Raphael E. "Ray" Ferris John A. Garland Anita J. Price David B. Trinkle June 19, 2017 The Honorable Mayor Sherman P. Lea and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: I wish to request a Closed Meeting to discuss a personnel matter, being the selection of a City Manager, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. Si cerely, David B. Trinkle, Chair City Council Personnel Committee DBT:ctw aoF AO'u'o CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY _ 464 MliNICIPAL BU11DING _ - = 215 CHURCH AVENCF., SW s+xdii�� ROANOKE, VIRGINIA 2 401 1,1 595 Daniel J. Callaghan TELEPHONE 540.853 -2431 City Attorney FAX 540 - 853.1221 EMAII : utyartyCaroanokc,i cov June 19, 2017 The Honorable Sherman P. Lea. Sr., Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Lea and Council Members: Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys This is to request that City Council convene a closed meeting pursuant to Sec. 2.2 -371 LA.7, Code of Virginia, to consult with legal counsel regarding probable litigation requiring the provision of legal advice by the City Attorney. With kindest personal regards, I am Sincerely yours, i4l, DJGIse c: R. Brian Townsend, Acting City Manager Sherman Stovall, Assistant City Manager for Operations Barbara Dameron, Director of Finance Troy D. Harmon, City Auditor Stephanie Moon Reynolds, City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk June 22, 2017 Nicole Ashby, Secretary Parks and Recreation Advisory Board Roanoke, Virginia Dear Ms. Ashby: This is to advise you that Lauren E. Hartman has qualified as a member of the Parks and Recreation Advisory Board for a three -year term of office ending March 31, 2020, Sincerely, Cecelia F. McCoy a Deputy City Clerk 6� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fox: (540)8531145 STEPHANIE M. MOON REYNOLDS. MM( F. MCC OY (IEeputy, City Clerk it Deputy, City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk June 22, 2017 Nicole Ashby, Secretary Parks and Recreation Advisory Board Roanoke, Virginia Dear Ms. Ashby: This is to advise you that Lauren E. Hartman has qualified as a member of the Parks and Recreation Advisory Board for a three -year term of office ending March 31, 2020, Sincerely, Cecelia F. McCoy a Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Lauren E. Hartman, 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 Parks and Recreation Advisory Board for a three -year term of office ending March 31, 2020, according to the best of my ability. (So help me God.) PAREA111 LAUREN E. The foregoing oath of office was taken, sworn to, and subscribed before me by Lauren E. Hartman this _jf day of � ��i Zl 2017. Brenda S. Hamilton, Clerk of the Circuit Court S I EPIIANIE M. MOON REYNOLDS, MMC ('Ity Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone (540)853 -2541 Fox: (540)8531145 E -moil: rkrk(Mroanakevo.... June 22, 2017 Sherman Stovall, Chair Defined Contribution Board Dear Mr. Stovall: CECELIA F. MCCOV Deputy CHI Clerk CECELIA T. W EBB, CMC AWs wnt D,,,N Co, Clerk This is to advise you that Amelia C. Merchant has qualified as a member (City Manager's designee) of the Defined Contribution Board for a four -year term office ending June 30, 2021. Sincerely, CRML - j-. Cecelia F. McCoy Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Amelia C. Merchant, 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 (City Managers designee) of the Defined Contribution Board for a four -year term office ending June 30, 2021, according to the best of my ability. (So help me God.) (—' 7/Ykcet_,J AMELIA C. MERCHANT The foregoing oath of office was ta��✓ klIlen, sworn to, and subscribed before me by Amelia C. Merchant this and day of V a 2017. Brenda S. Hamilton, Clerk of the Circuit Court [3�1� 1'I 1 i % il►° A� r CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, 5. W., Room 456 Roanoke, Virginia 24011 -1536 TeleVbun : (540)853 -2541 Fax: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MM( B -mail elerk(mrmnmkmv.gme C ECELIA F. MCCOI' 00 Cl-1, D<m::ly ('ite Clerk CECELIA T. W EBB, CM(' AseisnnV Bemire City Clerk June 22, 2017 Liz Belcher Roanoke City Greenway Coordinator 1206 Kessler Mill Road Salem, Virginia 24153 Dear Ms. Belcher: This is to advise you that John Francis has qualified as a City representative of the Roanoke Valley Greenway Commission for a three -year term of office, beginning July 1, 2017 and ending June 30, 2020. Sincerely, C ,- me Cecelia F. McCoy Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, John Francis, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative of the Roanoke Valley Greenway Commission for a three -year term of office, beginning July 1, 2017 and ending June 30, 2020, according to the best of my ability. (So help me t J HN RANCIS The foregoing oath of office was taken, sworn to, and subscribed before me by John Francis this � day of \ I 1 ) / 2017. Brenda S. Hamilton, Clerk of the Circuit Court June 22, 2017 Nicole Ashby, Secretary Parks and Recreation Advisory Board Roanoke, Virginia Dear Ms. Ashby: This is to advise you that Chris Bryant has qualified as a member of the Parks and Recreation Advisory Board for a three -year term of office ending March 31, 2020. Sincerely, Cecelia F. McCoy Deputy City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'Telephone: (540)853 -2541 Fns: (540)853 -1145 Sl'EPIIANIR M. MOON REYNOLDS, MIND E -nmllc elerk(mvwnakeva.gov CECELIA F. MCCOY City Clerk Dr,al, City Clerk CECELIA T. W EBB, CMC Assistant DePaly City Clerk June 22, 2017 Nicole Ashby, Secretary Parks and Recreation Advisory Board Roanoke, Virginia Dear Ms. Ashby: This is to advise you that Chris Bryant has qualified as a member of the Parks and Recreation Advisory Board for a three -year term of office ending March 31, 2020. Sincerely, Cecelia F. McCoy Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Chris Bryant, 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 Parks and Recreation Advisory Board for a three -year term of office ending March 31, 2020, according to the best of my ability. (So help me God.) CHRI&JBRYANT The foregoing oath of office was //taken, sworn to, and subscribed before me by Chris Bryant this /y day of ✓Z-11Y 2017. Brenda S. Hamilton, Clerk of the Circuit Court CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 10,1,0nc (540)X53 -2541 F a: (540)553 -1145 .SIPIIANII! M. MOON REYNOLDS, MMC City Clerk June 22, 2017 Cathy Bowman, Secretary Roanoke - Blacksburg Regional Airport Commission 5202 Aviation Drive, N. W. Roanoke, Virginia 24012 Dear Ms. Bowman: CE( F. MCCOV Depnly City Cle,'k CE( - ELIA'F. WEAB, CMC A,, lout Dcpnty City Clerk This is to advise you that John R. Clements has qualified as a City representative of the Roanoke - Blacksburg Regional Airport Commission for a four -year term of office ending March 9, 2021. Sincerely, Ceuta 'A OL� -0111 Cecelia F. McCoy Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, John R. Clements, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative of the Roanoke Regional Airport Commission for a term ending March 9, 2021, according to the bq,�biliW. So help me God. The foregoing oath of office was taken, s' orn to, d subscribed before me by John R. Clements this _ day of 2017. Brenda S. Hamilton, Clerk of the Circuit Court By Clerk ro� Tv STIA111ANIE M. MOON REYNOLDS, MM(' City ('Jerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telepkune: (540)853 -2541 Fax: (540)X53 -1145 E -ne.HL derk(nlroan.ke...... June 20, 2017 Dr. Stephanie L. Harper, Health Director Virginia Department of Health Roanoke City and Allegheny Health Districts 1502 Williamson Road, N. E. Roanoke, Virginia 24012 Dear Dr. Harper: ( ECE1.IA F. MC( OY Deputy Cily ('Jerk CECELIA T. WERR, CMC Assistant Deputy City Clerk I am enclosing copy of Resolution No. 40849- 061917 accepting a grant to the City of Roanoke from the Virginia Department of Health; authorizing the City Manager to execute any documents necessary to receive such grant, including a Memorandum of Understanding with the Health Department, in order for the City of Roanoke Parks & Recreation Department to establish a MEND 7 -13 Program at Fallon Park and Westside Elementary Schools; and authorizing the City Manager to take such further actions and execute such other documents as may be necessary to obtain, accept, implement, administer, and use such grant funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 19, 2017. Sincerely, Cecelia F. McCoy U Deputy City Clerk Enclosure c: Vivian Penn - Timity, Business Manager, Roanoke City and Alleghany Health Districts, 1502 Williamson Road, N. E., Roanoke, Virginia 24012 R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget Michael Clark, Director of Parks and Recreation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40849 - 061917. A RESOLUTION accepting a grant to the City of Roanoke from the Virginia Department of Health ("VDH'); authorizing the City Manager to execute any documents necessary to receive such grant, including a Memorandum of Understanding with VDH, in order for the City of Roanoke Parks & Recreation Department to establish a MEND 7 -13 program at Fallon Park and Westside Elementary Schools; and authorizing the City Manager to take such further actions and execute such other documents as may be necessary to obtain, accept, implement, administer, and use such grant funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: I . The City of Roanoke hereby accepts the grant offered by VDH in the amount of $49,800, which requires no local match, as more particularly described in the City Council Agenda Report dated June 19, 2017. 2. City Council hereby authorizes the City Manager to execute any documents necessary to receive such grant, including the Memorandum of Understanding with VDH, which is attached to the above mentioned Agenda Report, with all such documents to be approved as to form by the City Attorney. 1 The City Manager is authorized to take such further actions and execute such further dOCnmellt9 as may be necessary to obtain, accept, implement, administer, and use such grant funds, as allowed by the terms and conditions of the gram, with any such documents being approved as to font, by the City Attorney. A 1 -TEST: p�p4r (City Clerk It -Au,,l Haul Ile.. m, fe.... VII I ni Adnlini alcl MIND 7 -13 I'hnprnwi (6 -1') -177 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40850- 061917. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Health for the MEND 7 -13 healthy lifestyle program, amending and reordaining certain sections of the 2017 -2018 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2017 -2018 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Employee Wages FICA Fees for Professional Services Youth Activities Revenues VDH MEND 7 -13 Program FY18 35- 630 - 5280 -1004 $ 6,000 35- 630 -5280 -1120 459 35- 630 - 5280 -2010 36,950 35- 630 -5280 -2157 6,391 35- 620 - 5280 -5280 49,800 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. aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 19, 2017 Subject: Accept Grant Funding from the Virginia Department of Health to Administer MEND 7 - 13 Program (CM17- 00062) Background: The Virginia Department of Health (VDH) has grant funding to provide programming to combat childhood obesity within the City of Roanoke. VDH would like to enter into a Memorandum of Understanding (MOU) with the City and award $49,800 in grant funds to the City in order for the Parks & Recreation Department to establish a MEND 7 -13 program at Fallon Park and Westside Elementary Schools. The City will then enter into a contract with Healthy Weight Partnership, Inc. for the purchase and use of the program materials and equipment. MEND 7 -13 is a healthy lifestyle program that empowers 7 -13 year olds, with the support of their families, to reach and maintain a healthy weight. It does this by helping families change unhealthy attitudes about food and activity (Mind), keep physically active on a regular basis (Exercise), learn how to choose foods that are healthy, tasty and nutritious (Nutrition), and take action to maintain a healthy lifestyle - for life (Do It!). MEND participants will meet two nights per week for two hours over 10 weeks beginning in September 2017. Fifteen students and their families from each school will be selected to participate based upon meeting program criteria. The grant will be used to (1) purchase program materials and equipment from Healthy Weight Partnership, Inc.; (2) compensate staff for program facilitation; and (3) provide nutritious meals for the families as well as food for the nutrition portion of the program. There is no fee for program participants. This program is in line with a key initiative in the FYI Parks and Recreation Strategic Business Plan, to generate greater awareness and priority of issues relating to youth and their families through continued programs based on all of the 40 Developmental Assets. Considerations: City Council action is needed to accept this grant and authorize the City Manager to execute the MOU between the VDH and the City. A copy of the MOU is attached to this letter. There is no local funding match required for this grant. Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $49,800 and appropriate $49,800 into accounts to be established in the Grant Fund by the Director of Finance. R. Brian Townsend Acting City Manager Attachment Distribution: Council Appointed Officers Barbara A. Dameron, Director of Finance Michael Clark, Director of Parks and Recreation VIRGINIA VDHOFE EALTHNT Healthy People in Healthy Communities www.vdh.virginia.gov VIRGINIA DEPARTMENT OF HEALTH OFFICE OF PURCHASING AND GENERAL SERVICES (OPGS) 109 GOVERNOR STREET RICHMOND, VIRGINIA 23219 MEMORANDUM OF UNDERSTANDING (MOU) MOU Number: PARTIES TO THE AGREEMENT: This Memorandum of Understanding is entered into by City of Roanoke Virginia a Virginia municipal corporation), hereinafter called the "City" or "Contractor" and Commonwealth of Virginia through the Department of Health, Roanoke City and Alleghany Health Districts (RC &AHD), 1502 Williamson Road, Roanoke, VA 24012 hereinafter called the "Department" WHEREAS, the Department desires to enter into an Agreement with the Contractor to provide the MEND program and; WHEREAS, MEND Programs empower and support children who are above a healthy weight and their parents /caregivers to overcome their obesity and other associated physical and psychological challenges. They are the result of extensive research into the causes and effects of childhood obesity. MEND Programs do not aim for rapid weight loss but rather are focused on health outcomes and providing a foundation for long- term healthy living; WEHEREAS, MEND 7 -13 is a healthy lifestyle programs that empowers 7 -13 year olds, with the support of their families, to reach and maintain a healthy weight. It does this by helping families change unhealthy attitudes about food and activity (Mind), keep physically active on a regular basis (Exercise), learn how to choose foods that are healthy, tasty and nutritious (Nutrition), and take action to maintain a healthy lifestyle - for life (Do It!); WHEREAS, the City will enter into a contract with Healthy Weight Partnership, Inc. to operate and manage a MEND 7 -13 program; and WHEREAS, the City desires to enter into this Agreement with RC &AHD with the understanding that the City will provide opportunities for children between the ages of 7 and 13 years of age to empowers 7 -13 year olds, with the support of their families, to reach and maintain a healthy weight., upon the terms and conditions contained below. These opportunities will be selected and agreed upon by the City and the Department. There will be no fees charged by or for this event to participants. WHEREAS, The contractor desires to perform such services; THEREFORE, in consideration of their respective undertakings, the Department and the Contractor hereby covenant and agree to the following terms. IL PERIOD OF AGREEMENT: One year from the execution date of VDH signature on last page and may be renewed upon written agreement of both parties for one successive one year period, under the terms of the current agreement, and at a reasonable time (approximately 90 days) prior to the expiration. All notices, requests demands and other communication shall be in writing and sent by overnight delivery, registered mail, certified mail or hand delivery, addressed to the party's principal place of business herein written. Either party may by notice in writing, direct that future notices or requests, or demands be sent to a different address. Notices given by mail shall be deemed given upon deposit in the United States mail. Notices given by hand delivery shall be deemed given at the time of actual delivery. Notices given by overnight delivery shall be deemed given at the time of actual delivery. The Authorized Representative of each party are the following: City of Roanoke: Director of Parks and Recreation Department of Parks and Recreation City of Roanoke 215 Church Avenue, S.W., Room 303 Roanoke, VA 24011 (540) 853 -2236 Michael.clark@roanokeva.gov VDH: Stephanie L. Harper Health Director Roanoke City & Alleghany Health Districts 1502 Williamson Road, NE Roanoke, VA 24012 540- 204 -9441 Stephanie.harper@vdh.virginia.gov III. PURPOSE: The purpose of the agreement is to provide a partnership between the Department and the City to provide opportunities for children between the ages of 7 and 13 years of age to empower 7 -13 year olds, with the support of their families, to reach and maintain a healthy weight. Upon the terms and conditions contained below. IV. SCOPE OF SERVICES: Section 1. City Obligations and Responsibilities: The City of Roanoke agrees to: • Enter into a contract with Healthy Weight Partnership (HWP), Inc. for a term of one year to operate and manage a MEND program for children between the ages of 7 and 13 years of age. • Provide the program at the two previously identified schools in Roanoke City • Identify a manager or the equivalent, from the Parks and Recreation Division, to work in direct collaboration with the Department toward the successful completion of MEND activities. • Participate in the Obesity Coalition, responsible for governing the local MEND program. • Collaborate with the Department on activities to be performed • Make available all project data available through HWP Inc. to the Department and give direct access to all data systems for data retrieval. • Work with the Department to complete a final report detailing program actions and outcomes. Section 2. VDH Obligations and Responsibilities: The Department agrees to: • Award a grant of $49,800 to the City in order to establish a MEND 7 -13 program. Monitor the performance of the City on an ongoing and as needed basis. Monitoring will consist of actions that include but are not limited to: review of monthly, quarterly and annual reporting reports, and periodic onsite monitoring. V. COMPENSATION: RC &AHD has awarded a grant of $49,800 to the City in order for the City to establish a MEND (Mind, Exercise, Nutrition, Do It!) program for children between the ages of 7 and 13 years of age as part of the Parks and Recreation program opportunities for school age children. VI. METHOD OF PAYMENT: The contractor will be paid 50 % for set up cost and the remaining will be billed in two installments of 25 %. A valid invoice shall be submitted to the Department by the tenth of the month following the month of service. Payment will be made in accordance with the Prompt Payment Act of Virginia. VDH: Vivian Penn - Timity Business Manager Roanoke City & Alleghany Health Districts 1502 Williamson Road, NE Roanoke, VA 24012 540- 204 -9718 Vivian.Penn-Timiy@vdh.virginia.gov Vll. TERMS AND CONDITIONS: A. AUDIT: The Contractor shall retain all books, records, and other documents relative to this agreement for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The Department, its authorized agents, and /or state auditors shall have full access to and the right to examine any of said materials during said period. B. APPLICABLE LAWS AND COURTS: This contract agreement shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The Department and the Contractor are encouraged to resolve any issues in controversy arising from the award of the agreement or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, 42.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The Contractor shall comply with all applicable federal, state and local laws, rules and regulations. C. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the Department shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. D. CANCELLATION OF AGREEMENT: The Department reserves the right to cancel and terminate any resulting agreement, in part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event the initial agreement period is for more than 12 months, the resulting agreement may be terminated by either party, without penalty, after the initial 12 months of the agreement period upon 60 days written notice to the other party. Any agreement cancellation notice shall not relieve the Contractor of the obligation to deliver and /or perform on all outstanding orders issued prior to the effective date of cancellation. F. CHANGESTOTHE AGREEMENT: The parties may agree in writing to modify the scope of the Memorandum of Understanding. An increase or decrease in the price to the memorandum of understanding resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Memorandum of Understanding. F. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION: The Contractor assures that information and data obtained as to personal facts and circumstances related to patients or clients will be collected and held confidential, during and following the term of this agreement, and will not be divulged without the individual's and the Department's written consent and only in accordance with federal law or the Code of Virginia. Contractors who utilize, access, or store personally identifiable information as part of the performance of a agreement are required to safeguard this information and immediately notify the Department of any breach or suspected breach in the security of such information. Contractors shall allow the Department to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement. G. RENEWAL OF AGREEMENT: 1. This agreement may be renewed by the Commonwealth upon written agreement of both parties for one successive one year periods, under the terms of the current agreement, and at a reasonable time (approximately 90 days) prior to the expiration. By signature on this agreement, the Contractor agrees to comply with all applicable statutory provisions and regulations of the Commonwealth of Virginia and in the performance of this agreement shall: I. Not use or further disclose health records other than as permitted or required by the terms of this agreement or as required by law; 2. Use appropriate safeguards to prevent use or disclosure of health records other than as permitted by this agreement; 3. Report to the Department of Health any use or disclosure of health records not provided for by this agreement; a. Mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of health records by the Contractor in violation of the requirements of this agreement; 5. Impose the same requirements and restrictions contained in this agreement on its subcontractors and agents; 6. Provide access to health records contained in its records to the Department of Health, in the time and manner designated by the Department of Health, or at the request of the Department of Health, to an individual in order to afford access as required by law; 7. Make available health records in its records to the Department of Health for amendment and incorporate any amendments to health records in its records at the Department of Health request; and Document and provide to the Department of Health information relating to disclosures of health records as required for the Department of Health to respond to a request by an individual for an accounting of disclosures of health records. ANTI - DISCRIMINATION: By signing this agreement vendors certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith -based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the agreement on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that agreement with public bodies to account for the use of the funds provided; however, if the faith -based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2- 4343.1E). In every contract over $10,000 the provisions in 1. and 2. below apply: 1. During the performance of this agreement, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements. 2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. K. ANTITRUST: By entering into an agreement, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said agreement. L. PAYMENT: 1. To Contractor a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order /agreement. All invoices shall show the state agreement number and /or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations). b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however. c. All goods or services provided under this agreement or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the agreement price, regardless of which public agency is being billed. d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act. e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the Commonwealth shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2- 4363). 2. To Subcontractors: a. A contractor awarded an agreement under this contract is hereby obligated: (1) To pay the subcontractor(s) within seven (7) days of the contractor's receipt of payment from the Commonwealth for the proportionate share of the payment received for work performed by the subcontractor(s) under the agreement; or (2) To notify the agency and the subcontractor(s), in writing, of the contractor's intention to withhold payment and the reason. 6. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the agreement) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub -tier contractor performing under the primary agreement. A contractor's obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth. 3. Each prime contractor who wins an award in which provision of a SWAM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWAM procurement plan. Final payment under the agreement in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment. 4. The Commonwealth of Virginia encourages contractors and subcontractors to accept electronic and credit card payments. M. ASSIGNMENT OF AGREEMENT: An agreement shall not be assignable by the contractor in whole or in part without the written consent of the Commonwealth. N. DEFAULT: In case of failure to deliver goods or services in accordance with the agreement terms and conditions, the Commonwealth, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have. @ Congress has enacted the whistleblower protection statute 41 U.S.C. Section 4712 to encourage employees to report fraud, waste, and abuse without repercussions. This statute applies to all employees working for contractors, grantees, subcontractors, and sub grantees in accordance with this agreement. All contractors, grantees, sub grantees, and subcontractors for federal grants and contracts are required to: 1. Inform their employees in writing of the whistleblower protections under 41 U.S.C. Section 4712 in the predominant native language of the workforce, to include the specific requirements of the statute, and 2. Include this term and condition in any agreement made with a subcontractor or sub grantee. The employees' rights under 41 U.S.C. Section 4712 shall survive termination of this agreement. IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be duly executed intending to be bound thereby. This Memorandum of Understanding becomes effective on the date of the last signature. CONTRACTOR: VIRGINIA DEPARTMENT OF HEALTH: By: By: Title: Title: Date: Date: CONTRACT ADMINISTRATOR By: Title: Date: Note: This public body does not discriminate against faith -based organizations in accordance with the Code of Virginia, 54 2.2- 4343.1 or against a Contractor because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment. 10 o� r3� 1 CITY OF ROANOKE OFFICE OF THE CITY CLERK s- 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fns: (540)859 -1145 STVFIIANIE M. MOON REYNOLDS, MMC E -moil: clerk(n:rovnoke...... CECELIA F. MCCOV Cih, Clerk Deputy ('ily Clerk CE('EI.IA T. W EDD, CMC June 20, 2017 Assistant Deputy Cim Clerk Sheila Umberger Director of Libraries Roanoke, Virginia Dear Ms. Umberger: I am enclosing copy of Budget Ordinance No. 40851 - 061917 appropriating funds from Roanoke County, Botetourt County and the City of Salem for the Roanoke Area Library Consortium's computer system, amending and re- ordaining certain sections of the 2016 -2017 General Fund Appropriations. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, C. j-- Cecelia F. McCoy Deputy City Clerk Enclosure c: R. Brian Townsend, Acting City Manager Sherman M. Stovall, Assistant City Manager for Operations Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance 4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40851- 061.917. AN ORDINANCE to appropriate funds from Roanoke County, Botetourt County and the City of Salem for the Roanoke Area Library Consortium's computer system, amending and re- ordaining certain sections of the 2016 -2017 General 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 certain sections of the 2016 -2017 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime FICA Electric Administrative Supplies Publications and Subscriptions Program Activities Library Automation Project 01- 650 - 7310 -1003 $ 3,500 01- 650- 7310 -1120 268 01- 650 - 7310 -2022 18,100 01- 650 - 7310 -2030 13,170 01- 650- 7310 -2040 7,692 01- 650 - 7310 -2066 15,447 01- 650- 7310 -3100 28,231 Revenues Library Charges 01- 110 - 1234 -0852 $ 86,408 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST- (? Ll City Clerk. e CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 19, 2017 Subject: Appropriation of FY 2017 Library Consortium Revenues for SIRSI System (CM 17-00054) Background: The City of Roanoke holds the contract with the SIRSI Corporation for the Roanoke Area Library Consortium's computer system. This SIRSI computer system supports the online book catalog for customers, the circulation check out system, and the MARC computer coded database with 1.4 million records of books and materials which allows customers to locate and check out library materials in the Roanoke Valley. The Roanoke Area Library Consortium includes the City of Roanoke, the City of Salem, Roanoke County and Botetourt County. Established in 1988 this system -wide collaboration is highly cost effective and provides outstanding resources and services through a uniform patron card and access to materials for citizens at all four library systems. Considerations: Thus far, as acting fiscal agent for the Roanoke Area Library Consortium for FY2017, the City has collected $86,408. During budget preparation for FY2017 it was anticipated the revenues would be deposited into an expenditure account as a reimbursement thus offsetting expenditures in the Library budget. However upon review by the Finance Department, it has been determined that the best approach would be to record the funds into a revenue account. A budget needs to be established in a General Fund revenue account in order to properly account for receipt of the funds from the other three library systems in the region and to properly appropriate to expenditures realized in the Library Department budget. Recommended Action: Adopt the accompanying budget ordinance to establish a revenue estimate of $86,408 for revenues already received in account 01 -110- 1234 -0852 and appropriate the same amount into expenditures to various Library Department accounts as follows: 01 -650- 7310 -3100 (Library Automation Project) 01- 650- 7310 -2022 (Electric) 01- 650-7310 -1003 (Overtime) 01- 650- 7310 -1120 (FICA) 01- 650- 7310 -2030 (Administrative Supplies) 01- 650- 7310 -2066 (Program Activities) 01- 650-7310 -2040 (Publications and Subscriptions) �U�ati! R. Brian Townsend Acting City Manager $28,231 $18,100 $ 3,500 $ 268 $13,170 $15,447 $ 7,692 Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Management and Budget Barbara Dameron, Director of Finance Sheila S. Umberger, Director of Libraries CITY OF ROANOKE OFFICE OF THE CITY CLERK a , 2l5 Church Avenue, S. W., Roam 456 Roanoke, Virginia 24011 -1536 Tulephonc (540)853 -2541 Pax: (540)853 -1145 STEPI I AN IE M. MOON REYNOLDS, MMC E -nail: clerk(teroanokero,or ('ECELIA F. MCCOV ('it, Clerk Deputy City (1tt1k June 20, 2017 CECELIA T. WEDD, CMC Assistant Deputy City Clerk Debbie Moses Parking Administrator Hotel Roanoke and Conference Center Roanoke, Virginia Dear Moses: I am enclosing copy of Budget Ordinance No. 40852- 061917 to appropriate funding from the Parking Fund Retained Earnings to Structural & Preventative Repairs and Surveillance Systems for Parking Garages for repair and capital projects, amending and reordaining certain sections of the 2016 -2017 Parking Fund Appropriations. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure R. Brian Townsend, Acting City Manager Sherman M. Stovall, Assistant City Manager for Operations Daniel J. Callaghan, City Attorney Barbara A. Damemn, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40852- 061917. AN ORDINANCE to appropriate funding from the Parking Fund Retained Earnings to Structural & Preventative Repairs and Surveillance Systems for Parking Garages for repair and capital projects, amending and reordaining certain sections of the 2016 -2017 Parking 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 2016 -2017 Parking Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from General Revenue Fund Balance Retained Earnings - Available 07- 540 - 8279 -9003 $ 400,000 07- 540 - 8281 -9003 214,000 07 -3348 (614,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: (��}u City Clerk. (a CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 19, 2017 Subject: Parking Fund Appropriation of Retained Earnings for Capital Projects (CM 17-00061) Background: The Parking Fund operates the City's on street and off street parking system consisting of seven (7) garages and four (4) surface parking lots. The Fund is the repository for the financial activities related to the daily operation, maintenance and capital improvements to the parking system. Considerations: The current Parking Fund Five Year Capital Maintenance and Replacement Plan identify specific capital improvement projects to be undertaken during FY2017- 18. The projects totaling $614,000 are detailed in Attachment A to this report. The first project will provide for preventative maintenance repairs in the Campbell, Church Avenue, Gainsboro, Center in the Square, Tower and Elmwood Park Garages and will include joint and roof replacements, sealant applications at multiple garage levels and drive lane repairs. All repairs are designed to extend the useful life of each of these structures. The second project will provide funding to procure and install a digital surveillance camera system in and around the Campbell, Church Avenue, Gainsboro, Center in the Square, Market, Tower and Elmwood Park Garages. This project will provide needed surveillance capabilities to enhance the safety and security in all of the PARK Roanoke parking garages. This digital camera system will provide 24 hour video recording and live mobile surveillance to PARK Roanoke and to the Roanoke City Police Department with the goals of enhancing public safety, deterrence of criminal activities and the reduction of liability. Currently there is $1,082,233 of retained earnings available for appropriation in the Parking Fund for these purposes. Council action is required to appropriate funding in the amount of $614,000 for these capital projects. Recommended Action: Adopt the accompanying budget ordinance to appropriate funds in the amount of $614,000 from Parking Fund Retained Earnings for these projects identified in Attachment A to this letter. R. Brian Townsend Acting City Manager Distribution: Council Appointed Officers Barbara Dameron, Director of Finance Deborah Moses, Parking Administrator Attachment A CM 17 -00061 Capital Project for FY2017 -8 Parking Fund '� •-• ±emu �°+�.� 4 EaS'r„s K�uaA� Scheduled Garage Preventative $400,000 Maintenance Repairs to six(6) parking garages including but not limited to multiple joint replacements, three (3) roof replacements, sealant applications to multiple drive lane and roof levels, drive lane and entrance repairs. Complete digital surveillance camera $214,000 system at seven (7) parking garages including exits, entrances, c ashier stations, pay stations, drive lanes, stairs, building perimeters, adjacent lots and greenspaces. System is compatible with current system utilized by the Roanoke City Police Department.* * Assistance provided by Roanoke City Police Department in the system design. Total FY17 $614,000 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40853- 061917. AN ORDINANCE to increase the Roanoke Public Safety (Sheriff) Personal Services and Operating Expenditures, Off -Duty Earnings (Police), and Budget Contingency expenditures and to increase revenue budget estimates for the Cost Allocation Plan, Derecho (Federal Emergency Management Agency), Off -Duty Billings (Police), Bureau of Prisons, Housing of Prisoners — Other Localities, and Inmate Phone Commissions revenue, amending and reordaining certain sections of the 2016 -2017 General 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 2016 -2017 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows Appropriations Burial /Cremations (Sheriff) 01- 140 - 2140 -2301 $ 3,600 Overtime (Sheriff) 01- 140 - 3310 -1003 33,000 Cell Phone Stipend (Sheriff) 01- 140 - 3310 -1056 2,000 Water and Sewage (Sheriff) 01- 140 - 3310 -2026 29,000 Motor Fuel (Sheriff) 01- 140 - 3310 -2038 3,600 Budget Contingency 01- 300 - 9410 -2199 887,200 Off -Duty Earnings (Police) 01- 640- 3114 -1015 180,000 Revenues Cost Allocation Plan 01- 110 - 1234 -0690 $ 281,000 Derecho FEMA 01- 110 - 1234 -0742 231,100 Off -Duty Billings (Police) 01- 110 - 1234 -1298 180,000 Bureau of Prisons 01- 110 - 1234 -1303 91,600 Housing of Prisoners — Other Localities 01- 110 - 1234 -1304 327,000 Inmate Phone Commissions 01- 110 - 1234 -1305 27.700 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 011cd JL. VA-4 6zl� I" City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 19, 2017 Subject: FY 2017 Revenue and Expenditure Adjustments (No. 17- 00068) Background: Several FY 2017 reimbursement revenues have exceeded budget in the amount of $1,138,400. Correspondingly, the associated expenditures for which the City is being reimbursed are also exceeding budget. With the exception of a reimbursement from the Federal Emergency Management Agency (FEMA), which was a reimbursement from a prior fiscal year, adjustments to the FY 2016-2017 budget are required to align revenues with expenditures. The following adjustments should be made to increase the revenue budget: • Cost Allocation Plan $ 281,000 • Derecho - FEMA 231,100 • Off Duty Billings - Police 180,000 • Bureau of Prisons 91,600 • Housing Prisoners - Other Localities 327,000 • Inmate Phone Commissions 27,700 Total $1,138,400 The Cost Allocation Plan is the process whereby indirect costs are allocated across City departments. The City's Department of Social Services is included in this allocation and a portion of the allocated costs are reimbursed by the Virginia Department of Social Services. The increase in the reimbursement is related to a change in the allocation basis for Social Services that more appropriately assigns costs. Off -Duty Earnings are expected to exceed the current budget of $186,247 (Police and Sheriff) by approximately $180,000. The expense for these services is reimbursed to the city by agencies requesting the services of the Police Department and the Sheriff's Office. Considerations: City Council action is needed to revise FY 2016 -2017 estimates for certain revenues and to increase appropriations. Recommended Action Adopt the accompanying budget ordinance to: • increase the revenue estimates for the following: $ 33,000 o Cost Allocation Plan - $281,000 o Derecho (FEMA) - 231,100 o Off Duty Billings - 180,000 o Bureau of Prisons - 91,600 o Housing of Prisoners - Other Localities - 327,000 o Inmate Phone Commissions - 27,700 Appropriate funding to the following o Sheriff - o Overtime - $ 33,000 o Cell Phone Stipend - 2,000 o Motor Fuel - 3,600 o Burials /Cremations - 3,600 o Water and Sewer - 29,000 o Budget Contingency - 887,200 o Off - Duty Billings (Police) - 180,000 Ape, A.r 10 4.0 ly k R. Brian Townsend Acting City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director of Management and Budget a� CITY OF ROANOKE OFFICE OF THE CITY CLERK _ 215 Church Avemte, S. W., Roam 456 _ Roanoke, Virginia 24011 -1536 Telephone: (548)853 -2541 Fax: (5411)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E-aWl: elerk(inroonokevn'K0° CE('EI.N F. MCCOY Ch, Clerk Deputy City Clerk CF.('ELIA T. WEBB, CMC Assuan! Depnt,V Ck,V Clark June 20, 2017 Manly H. and Catherine H. Aylor, Jr. 3706 Heatherton Road, S. W. Roanoke, Virginia 24014 Dear Mr. and Mrs. Aylor: I am enclosing copy of Ordinance No. 40854 - 061917 providing for the acquisition of real property rights needed by the City in connection with the Heatherton Road Stormwater Drainage Improvements Project located adjacent to Darwin Road, S. W., between the intersections of Alton Drive, and Heatherton Road, S. W., and surrounding streets. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, Ce' "J- ?Xt " 1 ' �I_ Cecelia F. McCoy tl�" Deputy City Clerk Enclosure PC: R. Brian Townsend, Acting City Manager Sherman M. Stovall, Assistant City Manager for Operations Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Dwayne R. D'Ardenne, CSM, PWM, Stormwater Manager Luke Pugh, City Engineer Cassandra L. Turner, Economic Development Specialist June 20, 2017 Antonio T. and Marilyn R. Donato 3707 Alton Road, S. W. Roanoke, Virginia 24014 Dear Mr. and Mrs. Donato: I am enclosing copy of Ordinance No. 40854 - 061917 providing for the acquisition of real property rights needed by the City in connection with the Heatherton Road Stormwater Drainage Improvements Project located adjacent to Darwin Road, S. W., between the intersections of Alton Drive, and Heatherton Road, S. W., and surrounding streets. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure PC: R. Brian Townsend, Acting City Manager Sherman M. Stovall, Assistant City Manager for Operations Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Robert K, Bengtson, P.E., Director of Public Works Dwayne R. D'Ardenne, CSM, PWM, Stormwater Manager Luke Pugh, City Engineer Cassandra L. Turner, Economic Development Specialist OF ROANOKE E) OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'relephane: (5411) 85,1 -2541 F7 (540)853-1145 Fur (541)85? -1145 STEI'IIANIE M. MOON REYNOLDS, MM(' N. -nmil: derk(nn'onnpkev °'e ('ECELIA F. MCCON' City Clerk Depuly('Ity Clerk ('ECELIA T. W ERR, CMC Assistm)f Deputy City Clerk June 20, 2017 Antonio T. and Marilyn R. Donato 3707 Alton Road, S. W. Roanoke, Virginia 24014 Dear Mr. and Mrs. Donato: I am enclosing copy of Ordinance No. 40854 - 061917 providing for the acquisition of real property rights needed by the City in connection with the Heatherton Road Stormwater Drainage Improvements Project located adjacent to Darwin Road, S. W., between the intersections of Alton Drive, and Heatherton Road, S. W., and surrounding streets. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure PC: R. Brian Townsend, Acting City Manager Sherman M. Stovall, Assistant City Manager for Operations Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Robert K, Bengtson, P.E., Director of Public Works Dwayne R. D'Ardenne, CSM, PWM, Stormwater Manager Luke Pugh, City Engineer Cassandra L. Turner, Economic Development Specialist )�c IN TIII; COUNCIL OF T11F CITY OF ROANOKE, VJRCINIA The 19th day of June, 2017. Na. 40854- 061917. AN ORDINANCE providing lot the acquisition of real property rights needed by the City in connection with the Heatherton Road Stormwater Drainage Improvements 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 permanent easements of variable length and width, temporary casements, right of way interests in fee simple, and such other real property interests as needed, as set forth in the City Council Agenda Report dated June 19, 2017, for the Project, located adjacent to Darwin Road, S.W., Roanoke, Virginia, between the intersections of Altos Drive, S.W., Roanoke, Virginia, and Heatherton Road, S.W., Roanoke, Virginia and surrounding streets. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned City Council Agenda Report, and any other real property interests needed for the Project. All requisite documents shall be approved as to form by the City Attorney, 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcels), and such other real property interests needed for the Project, lot 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 lees, and other related costs shall not exceed the funds available in the O- Antho. Iacyu., ul prop np[,.[IvuI.... Ruudfihn'onvnW, Oniinupc ImpnrvanwLLVPryj¢iIt -0 -1]7 Prgject S account for such purposes, without farther authorization of Council. Upon the acceptance of any otter and upon delivery to the ('.fly of appropriate acquisition documents, approved es to form by the City Attorney, the Director of Finance is authorized to pay file respective consideration to the owners of the real property interest conveyed, certified by the City Attorney to be entitled to the same. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: C- LCQ..L�.7.2.- J, City Clerk. O- Awl.nrioc ncyuie nt Drup nghll -I IceItIIM,v ILaul Slufmw,, 1]minpgc II PravcnwJl Pmjwl (L -1 n -1]I E) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 19, 2017 Subject: Acquisition of Real Property Rights for Heatherton Road, SW Stormwater Drainage Improvement Project (CM 17-00065) Background As part of the FY 2017 Capital Improvement Program, City Council appropriated $1.62 million for stormdrain improvement projects. These appropriated funds will be matched with $1.61 million in Virginia Department of Transportation Revenue Sharing funds plus an additional $1,000,000 in Stormwater Utility operating funds. One of the projects to be funded by this combined FY 2017 funding appropriation is the Heatherton Road Stormwater Drainage Improvement project. This project is located adjacent to Darwin Road between the intersections of Alton Drive and Heatherton Road. This neighborhood lacks stormwater conveyance systems in some areas evidenced by flooding affecting private properties primarily along the Heatherton Road corridor. This specific project will replace a failing storm pipe section and is a preliminary piece of future CIP work. Construction of the proposed stormwater conveyance system for this project will replace a failing storm culvert pipe which will improve flow conveyance to the existing inlet and stabilize outfall located on Heatherton Road, SW. In order to construct, operate, and maintain the proposed improvements, the City will need to acquire real property rights from various private property owners. Considerations City Council action is necessary to authorize the acquisition of real property rights needed for the Heatherton Road 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 project account 03 -530- 3010 -8357 Stormwater Utility. Along with rights of access, permanent drainage and temporary construction easements of variable length and width are required to accommodate construction activities and will affect seven properties in the general vicinity identified above. The City may also need to acquire various other property rights involving the properties listed below and other properties which have not yet been identified for this project. The properties that have been identified to date are as follows: Tax Map Parcel Number Address Owner Required Property Rights 3706 Heatherton Aylor, Manly H, Jr 20' Wide Permanent Storm Water Structure 1170812 Road, SW & Catherine H. Easement Antonio T. 20' Wide Permanent Storm Water Structure Donato and Easement Marilyn R. Donato, Trustees under Declaration of Trust dated 3707 Alton Road, December 8, 1171001 SW 1997 Recommended Action: Authorize the acquisition of any and all real property rights needed to construct the proposed Heatherton Road Storm Drainage Improvement Project, including but not limited to the specific property rights identified in this City Council Agenda Report, by negotiation and execution of the appropriate acquisition documents by the Acting City Manager, such documents to be approved as to form by the City Attorney. ?13- -- I - - - - -- R. Brian Townsend Acting City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Dwayne R. D'Ardenne, CSM, PWM, Stormwater Manager Jack Ellinwood, Civil Engineer I L.A. ENV SP Cassandra L. Turner, Economic Development Specialist Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40855 - 061917 amending and reordaining Chapter 12, Fire Prevention, Article I, In General, Section 12 -2, Qualifications of members of fire /EMS department, of the Code of the City of Roanoke (1979), as amended, to remove the citizenship requirement and change the age requirement from 21 to 18 years of age. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure C' The Honorable Brenda Hamilton, Clerk, Circuit Court The Honorable Donald Caldwell, Commonwealth's Attorney Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Sherman Stovall, Assistant City Manager for Operations David Hoback, Fire /EMS Chief Michele Vineyard, Director, Human Resources CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 - Roanoke, Virginia 24011 -1536 Telephone (540)853 -2541 Far: (540)853 -1145 STEPHANIE M. MOON REVNOIAS, MMC E -mail e1e,k(10,.an.keva.6ae CECELIA F.M('('OY City Clerk Deputy ('itp Clerk CECELIA T. W FW1, CM(' Assistant U,W, CQy Clerk June 20, 2017 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40855 - 061917 amending and reordaining Chapter 12, Fire Prevention, Article I, In General, Section 12 -2, Qualifications of members of fire /EMS department, of the Code of the City of Roanoke (1979), as amended, to remove the citizenship requirement and change the age requirement from 21 to 18 years of age. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure C' The Honorable Brenda Hamilton, Clerk, Circuit Court The Honorable Donald Caldwell, Commonwealth's Attorney Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Sherman Stovall, Assistant City Manager for Operations David Hoback, Fire /EMS Chief Michele Vineyard, Director, Human Resources IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40855- 061917. AN ORDINANCE amending and reordaining Chapter 12, Fire Prevention Article I, In General, Section 12 -2, Qualifications of members of fire /EMS department, of the Code of the City of Roanoke (1979), as amended, to remove the citizenship requirement and changing the age requirement from twenty -one (2l) to eighteen (IS) years of age; providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 12, Fire Prevention, Article 1, In General, Section 12 -2, Qualifications of members of fire /EMS department, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 12 -2. Qualifications of members of fire /EMS department No person shall be appointed to a position in the fire /EMS department or continue to hold membership therein i6!. ' u cn o1111c t, or n- (3014+ „ot reside ,,, thin a radius of iillwwn (I?) nadcs Ikoei the on+ni,,g1A building m Ilk uH ,or who is determined to be a person not of good character; nor shall any person be appointed to a position in the fire department who is not at least mcn!v ona eight" I (3F I h) years of age. 2. This Ordinance shall be in full force and effect upon its passage. 3. Pursuant to Section 12, Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: .�+� C)-�-�-�- J• �i2t. �1 CI ' tIu y City Clerk. eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 19, 2017 Subject: Change in Firefighter /EMT and Firefighter /Paramedic Requirements (CM17- 00064) Background Roanoke Fire -EMS is an internationally accredited career agency that serves the citizens, residents and visitors of Roanoke with full service fire and EMS response. Currently, City Code Section 12 -2 outlines the qualifications of members of the Fire -EMS Department. One of the qualifications states that individuals must be 21 years of age before the start of the Roanoke Valley Regional Recruit Academy. Individuals also must be a citizen of the City of Roanoke or reside within a radius of 15 miles from the municipal building in the City. Roanoke Fire -EMS is proposing amendments to the ordinance to lower the hiring age to 18 and to remove the residency stipulation. Considerations: The amendment of Section 12 -2 will broaden the applicant pool of potential employees for the Fire -EMS Department and will provide greater opportunity to high school graduates within the Roanoke Valley. Recommended Action: Adopt the ordinance to amend and re- ordain age and residency requirements as outlined above pursuant to Section 12 -2 of the City Code. __6L/L"is"tL1L _b _____ Fx R. Brian Townsend Acting City Manager Distribution: Council Appointed Officers Sherman Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance doe CITY OF ROANOKE OFFICE OF THE CITY CLERK _ 215 Church Awnue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)851 -2541 Fnx: (540)851 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -nuil: elerk(mronnokevo . gov ('E( RLIA F. MC('OY ('it1' Clerk Depn 1, ('il, ('lerk June 20, 2017 CECELIA T. WEBB, CHIC AWIttinl OcpulY City Clerk Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40856- 061917 amending and reordaining Chapter 20, Motor Vehicles and Traffic, Division 1, Generally, and Division 3, Duties of Police Officers Penalties for Unlawful Parking, Article IV, Stooping Standinq and Parking, Code of the City of Roanoke (1979), as amended; and adding a new Division 7, Parking Meters, Chapter 20, Motor Vehicles and Traffic, Article IV, Stopping. Standing and Parking, Code of the City of Roanoke (1979), as amended, to provide for the installation and placing of on- street parking meters or multi -space parking meters within the city and the regulation, control, operation, and use of such meters. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect on and after July 1, 2017. Sincerely, C- � " Cecelia F. McCoy Deputy City Clerk Enclosure c: The Honorable Evelyn Powers, Treasurer The Honorable Brenda Hamilton, Clerk, Circuit Court The Honorable Donald Caldwell, Commonwealth's Attorney Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Debbie Moses, Parking Administrator Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget n _ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40856- 06191.7. AN ORDINANCE amending and reordaining Chapter 20, Motor Vehicles and Traffic, Division 1, Generally, and Division 3, Duties of Police Officers: Penalties for Unlawful Parking, of Article IV, Stopping, Standing and Parking, of the Code of the City of Roanoke (1979), as amended; adding a new Division 7, Parking Meters, to Chapter 20, Motor Vehicles and Traffic, Article IV, Stopping, Standing and Parking, of the Code of the City of Roanoke (1979), as amended, to provide for the installation and placing of on- street parking meters or multi -space parking meters within the city and the regulation, control, operation, and use of such meters; providing for an effective date; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that I. Chapter 20, Motor Vehicles and Traffic, Division I, Generally, of Article IV, Stopping Standing and Parkin, Section 20 -65, Parking prohibited in specified places, Section 20 -67, Parking on streets and highways generally, and Section 20-68, Time limitations on parkin g, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Sec. 20-65. Parking prohibited in specified places No person shall park or ]cave standing a vehicle, except when necessary to avoid conflict with other traffic in compliance with the directions of a police officer or traffic- control device, in tiny of the following places: (1) On or upon a sidewalk; zdwjx a curb, c._inlvwhclher a ,idewalk curb exists or nut, in the median strip hetwCCu such curb and any adjoining sidewalk or over the curb on public property; or in or on a pedestrian crosswalk or safety zone. (I6) tIn un area dcaipn:nad for slrec( c9 canine. t� See. 20 -67. Parking on streets and highways generally. (a) Vehicles shall be parked with the roar wheels no further than twelve (12) inches from the curb. (fj flrc opci.uur of n pa cugcr ccbiJc mac slop Icinporuilc in 11 giaic marked v, d loading lone, ccccpl loading lone~ spctili call} marked I iucic I nadme lone," Im the pwposc la[ and MMe nctu llc cngagud III loxling IF unlnadin passengcu of bundlers i +hen such :lopping doom uol uncilae milh pm sclock. _,tied fill the l m.poilalion of mnlmd' �c Inch is c� ailing lu cuh i m i� uboi 1 1001M au. h lo.uling space. _. (el No person shall peimn .i %,111; J,, of melon }cic undci. the person's "whol lu be l urked loi a lime pu and loneei Than that 'lu ahcd un icf.ulat"IN llalh( sites nithnul crthu. ( I ) mcring the cehicic u nmmmmn k)C500 Icrt Foul the pail mo sPucc oI /'one Ill f7) r,icaliug Ihc. ofiginul l.0 I.mu space �n /'onefor 10 Innill(" . (ItJ I, .)'ull h12 uul m htl III a j,C. Iy-me�c n, <<n,;r ul .ury yludk m.uk_placcJ lei idcnuficduon puposcs upon my tclucle Ill dm police officer m such other peisunnel xivng nuclei unmacl x0th the Cov cnhmcinp the pioc alum of this chapt'.1 v llbmil iunuc mr� such sehu Ic Jrom .i p nl<int; space or /'one m such It nwnner th.n the ,ppec i, completely va'ated ]IN Thal rchiJc hum that vdcof die xticct ccilh_u dial v:nne hlrn I. o1 /'unc, in i cordanrc with sulsvc < ill, i (C) ul Ism S :boa Sec. 20 -65. Time limitations on Parking. (a) It shall be unlawful for any person to cause or permit any vehicle registered in his or her name or operated or controlled by him or her to be in any parking space for a time period longer than that permitted by a controlling sign nr palkulginctcr between the hours of 8:00 a.m. and 5:00 p.m. of any day, Sumrdtpa. Sundays and legal holidays excepted. Within the meaning of this article, the word "holiday" shall include the following days only: January Ist, the third Monday in January, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, the limrth Thursday in November, and December 25th. Whenever parking is limited to a specified length of time by this chapter or by rule or regulation of the city manager pursuant to section 20 -7 of this chapter on certain streets and highways of the city, and such limitation has been duly indicated on a pakins meter or posted by signs erected on such streets so as to be clearly visible to a reasonably observant person, it shall be unlawful for any person to park a vehicle m allow the same to remain standing or stopped at any such place for a period of time in excess of that indicated on such perltinp mcler or sign. xas 2. Chapter 20, Motor Vehicles and Traffic, Division 3, Duties of Police Officers; Penalties for Unlawful Parking, of Article IV, Stopping Standing and Parking, Section 20 -88, Duties of police officers certain other employees and Personnel serving under contract with the cam, and Section 20-89, Penalties for unlawful parking, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Sec. 20 -88. Duties of police officers. certain other employees and Personnel serving under contract with the city. Each police officer, such other city employees as tine city manager may dcsignate, or personnel serving under contract with the city, charged by the city with the duty of enforcing the sections of the preceding two (2) divisions and ' Okr ion 7 of this chapter shall, upon finding a violation thereof, take the state license number of any vehicle in violation, and the length of time during which such vehicle is parked in violation of a provision of this chapter, and report the same to the police department, such other city department as determined by the city manager, or personnel serving under contract with the city, and make a proper complaint touching such violation. Each such officer, other employee, or pestt alcl serving under contract with the city, shall attach to such vehicle a written notice, upon form approved by the city manager, to the owner or operator thereof that the vehicle has been parked in violation of a Specific provision of a section of the preceding two (2) divisions nr Ui, i oon 7 of this chapter. Such notice shall instruct the owner or operator when and where to report with reference to the violation. See. 20 -89. Penalties for unlawful parking. (a) It shall be unlawful and shall constitute a parking violation, unless otherwise designated as a misdemeanor, for any person to violate any of the provisions of Division 1 and )m,iun 7 of this article. (b) Written notice will be issued by a police officer, such other city employees that the city manager may designate, or personnel serving under contract with the city for violation of Division 1 m I)n ji [on 7 of this article and penalties. (1) Every person receiving written notice of a parking violation from a police officer, such other city employees that the city manager may designate, or personnel serving under contract with the city, that he or she has violated any of the sections of Division I m 1 ii i 6m 7 of this article may waive his or her right to appear and be formally tried for the violation set forth in the notice upon the voluntary payment, as penalty and in full satisfaction of such violation, of the penalty set forth below. Such penalty shall be paid to the city treasurer or personnel serving under contract with the city, during the regular working hours of the office or through any other method established by city council for the routine payment of such penalties. For purposes of this subsection, penalties shall be deemed to have been "paid" when full payment therefore has been received by the city treasurer or personnel serving outlet contract with the city, regardless of whether such penalty is paid in person or is mailed. The city manager, city treasurer, and personnel serving under contract with the city, shall be authorized to accept partial payment of penalties and fees due. Whenever an envelope is used for transmitting any notice and payment by mail to the city treasurer or personnel serving under contract with the city, the responsibility for ensuring receipt of the envelope by the city treasurer or personnel serving under contract with the city shall be that of the person who received the notice of a parking violation. Penalties for parking violations shall he as follows: Column 1 Column 2 Column 3 Section Violation Penalty Penalty If paid within 15 days of the If paid after IS days of the issuance by an officer, or such issuance by an officer, or such other city employees as the city other city employees as the city manager may designate, of a manager may designate, of a notice of violation notice of violation 10- S.Is 'bIO.00 }; >x.00 20- 65(3); 20- 65(6); 0- 65(7); 20- 65(10); 0- 65(12);20- 65(13); 0 -70; 202072; 202073 or $20.00 $35.00 0 -75; 20 -1 13. 1111: 10- 115.8;?0- 115.11 20- 65(6):2065 65(14) or 0 -68 Warning NSA First violation Ticket 311 - 65(8).20_65(14) or 0 -68 Second violation, but 20.00 35.00 he first violation on hat calendar day 20- 65(14) or 0- 68;_0115.1(1) I0 30.00 45.00 Second violation on he same calendar day :20- 65(81: 2065 65(14) or 20 -68; 20- 115.1(1): ' o- 115A: 10 -115.5 For the third or more 45.00 60.00 violation on that ,alendar day 0- 65(1); 20- 65(2); 20- 65(5); - '04,5(8), 20- 65(9); 20 -66; 20- 20.00 35.00 67; or 20 -71 25.00 40.00 20 -65(4) 50.00* 65.00 20-74 50.00 _ 65.00 20 -76(a) _ 125.00 140.00 20- 76(b), 2020 =76(c) 25.00 40.00-- -- .. rout) processing tee. (d) Every person tried and convicted of a violation of any section of Division l or 1)ivision , of this article, except section 20 -76, shall be fined not more than two hundred dollars ($200.00), which fine shall be imposed in addition to the other penalties set forth above, which shall also be paid upon conviction. 3. Chapter 20, Motor Vehicles and Traffic, Article IV, Stopping, Standing and Parking, of the Code of the City of Roanoke (1979), as amended, is amended to add a new Division 7, Parking Meters, which shall read and provide as follows: k�# OIrisilit 7. 1':ah ing Mcicl tiec. 2(1- 115.1. Luitallalion "I oil sleet rarl:hol tnelera, chall�c tu:mnt=r Oft'l i; ldo,l A. 1111' ,ill manug,r shall h:,Ni the "(011"11h Io procOf. liir the inelullation w pl 11 ow, of ,it street 1,:D l, I 11 tnCl,n or untlli -.pace parking ou9,I, wilhiu Ill, eit, find ill, n'elduliou. caanrt,l, olx•1;nion_ and use Hereof h1 arcor'dlmcc tt nth ill, pmti.lanF „l this dni::ioo and shall maintain such 311,4o, ill poull %tolling ann.litiol, . c ltrrctcr on -slovi palkdng lwo-I, 1):1tc horn inswlicd uud nwinlnintd upon the �llccls of the Cot tin [hc lcgolatiun ofpttr6ing of %rhids ih,nam, the city nutnagrr shall dcicrmirn the ieugih of lino iii minute, or huurn during %ehich on %,hide m:lc he parked ,it I'm su,h so- „1. i hr ,lit man,ly'l all nmku. ptolnnlrrnc, and rukx and rtgu .11iu1 c: :r. lu Ih, (mik np of cdtido on �u,h 111n9,, :md it shall h, unknt Ind I,,r an: perxnl lu lu:rk ;mt %,hick „n anc such tit r<CI ILt ❑ o1w,l period of 11111, than 111.11 Ih,d 6, IhC tint intmaecr fir I" ,i1 >I:do m such fill, ,r lrpululion node null pronnd;t:nud In 111, tit% 1 naxat. lipolt'i'm wo ljl to C "\o, ,1111 slwll b, yuhj,cI 111 )m,, as plot ided in Section ]II -A9. Solle Lnts reference_.. ,Authority ,I CON, In insndl_ maintain, cic_ parlonp• metcld. ('kill, ,d \'lit iuiu.F 111_' -i 6 R_ the (I I% utem.lgc 'hill l Jim .. N1 I[ I l I desip ]NIC parl<iup motel /ones ur "[,let to rcl!uLd" purlonp an the 'ce"I, in lil" city. Such dc,,ienaliun'hull ho hcpl un lilt, ill the ullicr kith' I ilt IIlanagur ttnd al the parl.iny nlflc'. I':dc,, Gtr parLinp nl'Irr, vh:dl he ad,pwd by urdiu:mcc and ,11u11 1 " ,el 101 I in Ih" Ice compendium us [ppro, Ill and amcndcd b_c the cilt cnuurit h"m Bill, 1, lime. I)_ the tilt I r,ha 11 eau'" trt h' III'i;d "'l uleh 1m11,11 1e Inclols or nlulli- ,pucc parl.mp . mcl crs 11 ruiun' loaali l' I tcdotninanllc on md"tcldl" k, prat Idc nmicriup.. liar mar" Ikon one vpuer It a lim". I>Ill III rpado-. oI III, e01C]( hwlli spucc par6 ills nit Il I , nxwn, par 'lotion' Ihr nullliplc I'm kI )p ,I Icc' p] 1c , d .II taboo' ]I :nunr tdi nli Str Oct , for the pat'ut „nl and'uulrol nl pllr6lus, thereon_ The 1), 11 mcl"r /alh'9 and rd"s IIlied in Ih” II C n11111 titan. I'arhllh Mocr poi "" I aII,% It el"'h shall be nulinlaint,d on lilt, iu the olllcc al Iho "ilt m;llm,'I told al Ill, pal'itle . allirc.:Irc htichm Is Icilkin;, III'I'1 nm"' lit the "Real, and am:x ul Ihr cite Ilclal in sudl Il,e contpcndiuml . b. p(n persull shall pcnuil .l tehi"Ic or mnLnrt'ic under Ill, "",'In'', "nntnd III lie paiLed Ihr t lime pclI,f Lmf -cr I1,111 Ihm speeilied on rceulul"nt trolll" ;igna of purl<inp meter' ailhonl u ;Ilk [': \hninc the tchlcic 01 a Allhon pMhM; mater �unc dM the psrh inpt 111"Iel nlne oripinblh. (11 11 No Wing the m"Imil )a4111p Incicr "'Ili Ihr a IIIlillnlllill 0I)w period olihn'e l it h� nw. 'WI. 2211 -11 j.'_. 'i )CC i l ic_nlcl er lone~. Ntlthiup in Ihio Ji ri,ion vlrall uhcr to I6 el .an ,\i'imp �Il �linanc., lid'. of trpuhllinn. or out' ordnlanr'. [ill, or Irp ulati„n hrl"nl1et udophd, rrhll iut. to 11,116" m Imi'Im, an ❑n} IOh, ,Ii'I I ollcc. ur I;ulc tcilhin Iltc an, other lheu ihux inch¢lcd eldlin Ill,, on mice/ p1akln^ Incur .uuc, c,luh i,,llcd iu Illia dlt i, ion_ 7 Svc. 20- 115.3. 1> oinlwcnl ul ncrsnn, la clLoiL(e dk ision. the cis limn' WO is lu uppmnl ufy I't m lcl .md i pcnululd .cu ing IIII&I nlnlrud aifh the eilt lu color. ILe plmin'inn* nl lllla di,isinn_ c_rcpl .vrlio l 'U -I i ', Ilmpuriug, in uddilian (n Ihr rrgulm poker oflitti" I the rile. ``ueh pernounrl ~Loll 1, c:u ❑ unili�rm as In �.. rihrd bs the rife In:umgcr_ Sec.20 -11SA. Pacmcuf of �ru xi_(cr. \. Nit pc >un .hall park a1n ,chide in am pnrku13 ntdcr >nnr ul hrn,ixc permiltad k tllis di�i.iau. ,vilhuul inmadiutch dcposilinr pm'nieui of III, pie,prr " iu Ih,- puI -t,inp ureter ,I mill -~pace niefrl ddlac,�m to auch 'I:" as nyuirrd bI the mdcr iq r multi -yuicr nictcr_ rod vrhen nYµlircd ht III, dinrfiwl.' un the Inctcr of Inulli -tips.. llumcl sdlIlIg in opemiun the filing mcdumism Ihcrcol in urrord:mcc ,vitll melt dilmlom. Sudl pamlcnl ullu,c< the .pure hi " LIMkllly orcupicd b, III, eehielc during thu period of pmh ml hoilrle rule in an ¢m,nmt to ho do, I 11mcd he Ihr rill mul riesr nI hi1 ur har dc.Ienrc. nol in rccCCd ]it ml_tCl, Illl 11111yI111 lml III11, I '1"d h� ticrlioll 'IIJ �. it 1{l. IL1)1CI, ❑nry It, pinked end 1 11l;un pAl"If I 11 parl,Inu mcfcr sum ,ciilu*1II pu}IIIcut of the I,1,I ,r f " c ImIIIr hours olhcr [hall 1ha.v dcvignalco ht fhc cih m:nmkcr as hours dunnp lellich .''h parmcnt and dcp "11, urc required. shad h. wa I. r dcp�,.,I l.r, kimfid mum^; o(lilr l' Ift'd "tide, iulo the pur6im mcfcr 1l,as(�nal h, the parking Inctcr roue or hr olho uutluxiicd pavmenl method_ .,cc. 30- 115.5. PPr kill p, beyond Iegalpa kinL Ligl rollibitcd. 1. It .h:dl hr uulmalll] and a , iuLIG1m of Ihi, .cclion for any pcl.vm lu cru,.r. ullnty. permit 1,r suffer ,1m , chirlr to be parked uccrfinlr m hcvnnd the period ul Icpal psdojlte Bill.. ...lohli.hcd lot :u1, parking mcict ,:nor pnn ided fb1 in Ihr. 116" it li. ,Vol,ci Qlai:nulinp. en, ulh.r prunsim to of thi, dirisirn;. ;md a hrlhcr or n,'l pucumnl Ims hucn drpusilad in a p,ul.iou mdcr or milli vim" p:uLin❑ mcfcr_ no person 'hall vil, n ,chid. in em p 11,mc. ;,pace in a parl,im, uldcr ionc celuhlinked hr this diciciou lot loot; 1 Hl it, 1111..' d II hour: of cum ouc lisle. Sec. 20 -I I5.6. Alcdl,uiical h'ailuru. A111 pir ,1511 u¢imr n l i<au 111v ciolalinl..wc p[ miauoI nl S1111 III 1s 'II - I Ii, 1, '11- 1 I , , or'o -I I,J , h% rc:) "un of a nl"ll'i 'NI Izi1111w of it palkinp nlcctcr )"I cros,d he ,uch pcl1on_ mac hc:1Cqui1l cd of su L I cqulit ('II ishine 111111 I:)cls he e proponderanrr 01 Ihr cl ide11ro Sec. ?II - 115.7. '1allPi �. II 'hall he unln) hil and e (jam I nr,dcmaim,r fol ❑m, ',1.1111 to dclzl(c mjurc ttunper ),1111 Opt 11 ur \) 11111111I hrcuk, (k iloa_ or iu)p;tlt the 11 +,I11h)"s of 1mm pw6imt III, o. I , 111111111- .,pacemole)imCdlcd n kill', die foln Sec. 20- 115.8. hilonsioa of I(...1 I I Pal "I:iu- Lime. II shell he kill 111ufill 1, 1 am person to d,p0nit nI rauac h1 he delik)'l l iu am 'erkinp. IILM m multi -'Imc, Ild, I :Im )I'L),ol Iht 11, '[11110", of cvtending the purhioe 111[1, bcttuul the I,p:d lime hmil nlnoed 111111,1 seelinn 'll -I Iii(R) ubl�rc Ski. 20- 115,0. Pcldcneeolille"allL);kill- IILI. c,hirlc'o1l.cd a(01 nau a 1) Hil ur_le�j(I0rnwlli - <pucc u)1I11 on uhid) tit,, iudlcalor dui:' n )l °,isles ihr dvpu,il 11(1) 1,111 prc"O'cd in'ettlon 20 -1I� I I':pm,nl al pio)wr I be priuu) Writ Iltnl It crru porl,ed in ri�� oli�m of fl-I It, 1'1011, Sc,. 20 11 5,10. ON Iinm Pat rl.iI, \k 6encccl parl.me I' III)I;[,d i0 a spc,ifad lcntilk of limn, it nho11 he it scparu(, ollcosr lu1 catch 1)a -i0d in cv,, — of lhot aulhorizcd [lint o srhiel, I. pccmiticd to 'land iu the same p: [1kine spec(' duriuy Ike ,am, dm. I lotvlvcl. no more Than iol,own, hr [115('11[111 parkin, ul n 11)1111 n) nndli -space LICeel vhnll be �'6,) 1 lgainsl lh, dliccr) :) I" lj)111111= it lu srtlnd n) the ':11111 111,1,1,11 parl.i[1lt :,1111,, )iurinv Ihr sunrt 1Ln. .'ice. 311 - 115,11. I lw of elan". No p) I in steal dcposil of aucn)I;I to dgw'n m mm p;l I'Lll, inter ur nnikl -'pace nwlernm slug or,uhc)ihne I l:r, I coin"I'III rc of the tr oiled ,Stm,I,_ Sec. 20..115.12. ParlunL Talc NIhel. I he ,Ifv IImiliwci nary Il)r the hcnclit 0f the puhh" Ir;)isr nr adjust pal 1,ing Ilev, fin vpecifI,, csrolalionul, u0ig11c or R;npolary economic, cultural ur doiv cccnls. 9 far I re purpnsc of repulnlinf;, te.......... ur>;u i di lle IIlIffil li?r midi period of fill ?, av nuic be ,c[ li?rlh by the c?h num upcl AA hcrc the prodmans ul Ili; dit isi"1? arc ?tun cd. signs or aolicev advising the public of such teaiver ~boll he cuuspicuausl_% pooled Io, the slrn4s, pad<ing n?aler ionrs, or urea' so .d lcdcd. Rcc. 20- 115.1J. fmu- hours' fine naddno cccmpli u?. db.2 -I'95 W the (l)d, ul Vilp olwa 1950, av amended, un?cidiuc (or lour(lf laI IIs' lice pal l.ina, fin IIIr disabled persun, rc Ill, e?m n(r, or colul)Wcl liir an mstitnfioo o In Whirl disabled parl:iou liecnsr plates urpnuintliunal renw�'able tcindshidd pfacald" pcmmillnl tr indshicld placards_ ur Iruy?omly remusuhlc ??iudslirld placard, arc isaucd ?n Ilm p('Imm to ohaln disohled paokine 11(cm'r plalrs Lae, been issued under SUhsCttun1 R of nccliuii- 1G? -7 }�). ('udeof Virginia. 195(1. a. un?endcd. ,hall naI apph' i +ilhi11 Ills haun](Lmcs of the ( iIN of Rannnhc pwi:ine 11Mki colic, as deuced in the (ik" Fcc (ompeudium. the dialled Iire subjccl to 0?r rims resl nclium and lcex upplicahh h, parkin;, mole? ,aoe�_ If. Ihcrc shall be guard rcitbin the cit, .inn. nr "floc ns:nu of ricine Icasnnahlc nuiicc Ihal the pn nisinita of 'edit" -1, I' -IS du unl aphlo within Ill, houndurit of Lhc ('ilV of Rao nui.r per6mp_ mcicr cunc. ev dclulcd in the fit 's Pro (',mtp"ildum?. ('11,11 airil" 01 ('lhor' man, of )"rice .hall InAldn thr 1nlloniup: I1<11. R ARKIN(J I IW IM OIS\131 H) 1.1 f II I I( I p( ly i l 1) 1 libll. S1: I Ik)N96?- CIS11OPF NOI UTI.Y VA'IIIIIN I: I( N -AI[ l) 1'.ARIJN(: MFli It 7OAI'. IN 1111 111 OP R() ,1NOI:1 . ,Sec. 211- LI5. L }, p1efer l3aeeim0i1o"I'am and fees. 3- fh(' city nuuleper or dcsipnar shall pnnntdpatc pohrics and Im"C'fi ns aufhori /ing the isvuau,c al IcIli lip mdcr baes or 1rcm111, In Ile pulp". .?f Ien?p? rarilp cl? ?sine. ur ?esi riilm usr of I mi, 11w IM", /ollc . the I Ici and pIot,'daIt l dclmc the pr urns. liIr nppfiral iun. All Ill I'll and, IN 11)u1 lot 1. It. Ihcus l"1 use of tfu' p.0 l.inu mr(er cones ,vhall he esL.?bli,'hni bti Ih!' cih r11anavcl 1m person Mlo eiol'It" the nom,, and condition,, uuda which a palkll g memo bag or perntil 1, ':sued x?11 h subjccl lu fill,, b?r improper parkmuc m u parking meter cane. I7. No pervnn m:n huwndcnlll prnauc_ :dlrr_ I ,wllil ulh Millet ;I h:e. tI i o]I'll i.nued pursunul l,+ hC ' klhe ir, and 1 .,d[ o I"I I111111 n al r,l 11 udiI IIt is .V']n, II tikV. 211 - 115,15_ 1luul, and Datcs dur Ill" „hich d_cisiou \_ IIIe pl o, ixiuns u(Ihin dicistrm sh:J ul,pl, I„ lilnrtl :Ind ui,d Ul rd p;uhim_� It V,1'CI 16a huur> of R;nO ILnI_ lir ru ugh >'.U❑ p.m_ un Nlnnda, IhruwOh I li,fac, nItI, -, n16, � u drag= i II„' �'.ciud ItnlIt Iy ,n dcllnal in acrlion -if - n,C( fi)_ `,:; nd and ,Ind'ns. li. lhr cil ntt ,i Il Il;nc Ili u111 „rlh 1 d ,ipn.ilr >I. �d ll: drra�, iu ,cF iclI Ili huw+ .:L -,ri d,dr, Ih:d the pn,I >i��ns „I' Il,tia di, isiun v. cq,l�Gruhlc .IlC dl Ho n n t thr I:��un .;nd uI dar, u9 lot 11 1 1 .uh�rcill �n (A p, idrd Ilia .It, 'i[I are l t, ,Icutk idenlili,d h, i; n, .n "Oh, nic:ms. Sec. 211- 115,16. I'M DLl oC ralnircd depu ils I I crnlu. k;eul can roe,- � nu,ntcui I,ytut vd fn hn-Jq,url cd iu I —Irh ine. ntcicn ..r IJIi -epace p'ul.ine. III t II c,[:Ihlishal he III], dl, I, ",1 [1 hm1, Irljol :md to plo, ill, IhI the ptopu t uLrtiun and c, ntlall ,I Ilttlp, un He iwhh, ,uvd, ;I I I I o ...+. rr — I,I ul II, upei, i•, t. ❑I,prcll, I1 111 1x16111 on. uperItI i I I n¢IinI II,Incc. ,gym _ ao,l I of the l 'di r ,P IOPtrI, uI mall p�ul ne nxtm_ n d rceu lru i111, Ox I'l 11, ow c ,I nt the pail;in m,'lc. -inn, uslabli surd h�. lti� di ri �i�m. .ticc.:!1 -I I5, I ?. Uah o(en G,nciuC oCl'iccre orLrsunc wilh rcicrcncc t v Mal ions-of division. FocII pollee nl licrr, such 4h, 1 111 111 I'll, c* :I, Ili, , I P n Nil r,11,,a nuc drai_unr. nr p rs„nncl vat,ia under outrud ,rich I e ei t iU ,chit the dutc ill cnlolol)” 1111, d1o"I ... ) shall (:d.a Ihr• unoil"el oI mtv 1n,rl,mq nxtcr nt uhtrh :ule ,citicl, In Il;ulad In \iudliom If lhn dl'I.I ❑1. Iho lu number of ,nch 'AINIc:Ind the I lm4tli Ill liinr dome, Mitch +uch v"hl i .c ptlrl.cd in ei ljUd ll l oh um l,ro, I'loll of ow, ,li, isinn .md Icporl tll, ,:mtr L. (hc pl�6ry dcparbuenl. xtcll eilc dcp:ulrnatl a, dclemmilrd I)y ilia rile m;m test, ur p, rvtmnel aen iun. Imdel mnirarl elfil Ihr ei!�, dnd ma6e pr 1 .r unnpl.I.I tl tnmllinl, such ,iolul..... .101 ollicer, adt'+ cm �lmcc, (,I pc ,ounl aun in,° un, "er enntrucl ,eilh the city, sYnill all;;ch lu the ,elu,:k' m question n ,crilien 1)"IT". up"nt limn rl pl,Inced by Ih( '11, men cur, Ir Ili, m, nol Ihcti, I Ih.tl such „I icic h;Iti "' 11 pnrl.cd do riolalnw „I it pr 'u, i_,ion of II I.,licimull Sueh ill'imil Ill, oa nrr n. uperul ur,chcn and ,vlte¢ L,I n•I'mt viIII IcicrcncI. to fix° virdul6,,, Svc. 2n- 115.18. Failure to ini(isie meter. % M; poi >,,j. oh;III purk 11, 111 1, in NJ "'I Line mcla umu ¢�ccpt m� of hrrn'i,�c lx rm itla hr (hi. division. �riihnut innnal i;tlrlt CII111e in uhrilltinu Ihi fiinui^ nmcluwIvu l I I 1 ,f in arrorda111, Ullh the Iil"Ctions nn Ih, incR°r of nnllli -aa, 11), cl. ';nch it iliaGun of Iho nIcic -I timing nmch:mism Jill, n:,. the ymec to he last lidlti ac-CUpIt nlilto the pri I f parkin �. linty enlei [ ��I ai :m h ntrlc rate in nn aun null h. be Jett niinc�l hi Ihu ali niunn}cr ur hi, „r h.r d� -a �ni'c. not In .�rrrd. luncr.� . [hip nw �inui, Low Ixc .nhrd ht .�� i , i 'U -I I?_5(111. Ii ;1 �rhirle nia\ he J,ti1,d :nnl remnui pm1:rJ in if Imi1% Ill e U0,t cone �.� it I, 'm onto „line Ih, nirlcr s line 1 m r,tcr INIM m in accor I'll a wish the V 111YCIIUIR Jilt the mo, ,I olih, jp,i, mclrr JuriIli hotll., I Im Ihun flh,,, dc,lp,n;ncd by the , :In nv marcr as h,ntI, durint nhiah rnrh pmnuut ❑ud dcpn -il; �u� r;yui rcJ. 4. This Ordinance shall be in full force and effect on and after July I, 2017. 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: Olt City Cleric 1? Debbie Moses Parking Administrator Hotel Roanoke and Conference Center Roanoke, Virginia Dear Moses: I am enclosing copy of Ordinance No. 40857 - 061917 providing for the rates to be charged for the City -owned parking meters in Meter Zone A, Meter Zone B, and Meter Zone C, in the City of Roanoke; authorizing the City Manager to issue guidelines to implement, administer, and enforce such rates. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect on July 1, 2017, Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure The Honorable Evelyn Powers, Treasurer R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Sherman Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance E�� inn CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 12mumkc, Virginia 24011 -1536 "1'0kp1 .upc: (540)8512541 Fn.v: (540)N53 -1145 STEPHANIE M. MOON REYNOLDS, MM( E-mpil: cicrk(nnn,mnkavn'R °v CF.(- E[,IAF.M('('OY 01i ('Icrk Bepnly City Clerk ('ECELIA T. W EBB, CMC nW,N..n OeppO City Clerk June 20, 2017 Debbie Moses Parking Administrator Hotel Roanoke and Conference Center Roanoke, Virginia Dear Moses: I am enclosing copy of Ordinance No. 40857 - 061917 providing for the rates to be charged for the City -owned parking meters in Meter Zone A, Meter Zone B, and Meter Zone C, in the City of Roanoke; authorizing the City Manager to issue guidelines to implement, administer, and enforce such rates. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect on July 1, 2017, Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure The Honorable Evelyn Powers, Treasurer R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Sherman Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40857 - 061917. AN ORDINANCE providing for the rates to be charged for the City -owned parking meters in Meter Zone A, Meter Zone B, and Meter Zone C, in the City of Roanoke; authorizing the City Manager to issue guidelines to implement, administer, and enforce such rates; establishing an effective date; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: I . Establishing rates to be charged for the City -owned parking meters in Metcr Zone A, Meter Zone B, and Meter Zone C, in the City of Roanoke in accordance with the following new rate schedule: Parkins Description of Meter Zone j Rates Meter Zone A Wall Street, S.E. and Market St ect, S.E. between Salem Free for the Avenue, S.E. and Campbell Avenue, S.E, first hour Meter Zone B Salem Avenue, S.E. between Jefferson Street, S.E. and Wall $ 1.00 for the Street, S.E., and Market Street, S.E between Salem Avenue, second hour S.E. and Norfolk Avenue, S.E. $3.00 for the Meter Zone C Franklin Road, S.E. between Williamson Road, S.E. and third hour Jefferson Street, S.E. Notrs. Pricing: Pricing is provided in I -hour increments Far on -sb eet mcto s. Alrfered -ones: The meters are for three (3) hours and priced at I -hour increments. 1 �- PUrNinb uwp +'lie. (foal GJ JJ % I The City Manager is hereby authorized to issue such guidelines as the City Manager deems appropriate in orderto implement, administer, and calm cc the rates and mattersprovided for in this Ordinance. 3. The Fee Compendium of the City shall be amended by separate resolution to reflect the new parking meter rates to be charged at Meter Zone A, Meter Zone B, and Meter Zone C, in the City of Roanoke. 4. This Ordinance shall be in full force and effect on and after July I, 2017. Pursuant to the provisions of Section l2 of the City Charter, the second reading of this Ordinance by title is dispensed with. ATTEST: J- yxe &,I- Q¢f�t City Clerk. U -P,k', � ... 1,Y f", I ILwI G_I., I" June 20, 2017 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: I am enclosing copy of Ordinance No. 40858 - 061917 directing amendment of the Fee Compendium to provide for the installation and placing of on- street parking meters within the city and the regulation, control, operation and use of such meters. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect July 1, 2017. Sincerely, Cecelia 191 C /c Mc Deputy City Clerk Enclosure C' R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Debbie Moses, Parking Administrator Amelia C. Merchant, Director of Management and Budget Q L CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone; (540)853-541 Fnx: (540)X53 -1145 S'1'IT11ANIE M. MOON REYNOLDS, MMC E-tnall: dcrk(atronnoke...... CECELIA F. MCCOV City CM k Depnty City Clerk CECELIAT. WEDD,CMC Assistant Depnty City Cirri, June 20, 2017 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: I am enclosing copy of Ordinance No. 40858 - 061917 directing amendment of the Fee Compendium to provide for the installation and placing of on- street parking meters within the city and the regulation, control, operation and use of such meters. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect July 1, 2017. Sincerely, Cecelia 191 C /c Mc Deputy City Clerk Enclosure C' R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Debbie Moses, Parking Administrator Amelia C. Merchant, Director of Management and Budget date. IN THE COUNCIL OF THE CI'T'Y OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40858- 061917. A RESOLUTION directing amendment of the Fee Compendium; and establishing an effective WHEREAS, Council of the City of Roanoke adopted an Ordinance on June 19, 2017, to provide for the installation and placing of on- street parking meters within the city and the regulation, control, operation and use of such meters, and such Ordinance provided certain penalties for unlawful parking at such meters; and WHEREAS, Council of the City of Roanoke adopted an Ordinance on June 19, 2017, to reflect the rates charged for parking meters in Meter Zone A, Meter Zone B, and Meter Zone C, in the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: I. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 324 t 2- 032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect that the rates charged for parking meters will be as follows: 7Metee'r Descriution of Meter Zone Rates Wall Street, S.F,. and Market Street, S.E. bctwcen Salem Free for the Avenue, S.E. and Campbell Avenue, S.E. first hou Salem Avenue, S.E. between Jefferson Street, S.E. and Wall $1.00 lot the Street, S.E., and Market Street, S.E. between Salem Avenue, second hour S.E. and Norfolk Avenue, S.E. $3.00 Tor the Meter Zone C Fiankhn Road, S.E. between Williamson Road S.E. and third hour Jeftclson Succt, S.F. �. Pricing: Pricing is provided in 1 -11our increments for on- street meters. Metered _ones: '['he meters are Liar three (3) hours and priced at I -hour increments. N -An, I,, I- a ny, p'.ukmP a 1C. rmun 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412 -032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect that the penalties charged for parking meters will be as follows: Colunm 1 Column 2 Section Violation Penal for Parkin Meters Meter Violation $20.00; $30.00- second violation on same calendar day; $45.00 -third or more violation on same calendar day. If paid after 15 days of the issuance by an officer of a notice of violation, the late payment penalty of $ 15.00 is applied to each fine. Failure to initiate meter $10.00 If paid after 15 days of the issuance by an officer of a notice of violation, the ]ate payment penalty of $15.00 is applied to each_ fine. Extending the parking $20.00 time beyond the legal time limit If paid after 15 days of the issuance by an officer of a notice of violation, the late payment penalty of $15.00 is applied to each fine. Use of slugs $20.00 If paid after 15 days of the issuance by an officer of a notice of violation, the late payment penalty of $15.00 is applied to each fine. The above rates and penalties for the indicated Meter Zones will be effective July I, 2017. ATTEST: City Clak k. Amm..Jing I,, ntP- P:vAinp uwWn',tic. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 19, 2017 Subject: City Code Amendments to Provide for the Installation, Regulation, Operation and Use of On- street Parking Meters (CM 17- 00067) Background: The Code of Virginia authorizes localities to provide for the installation, maintenance, regulation, operation and use of parking meters. Considerations: Article IV, Chapter 20 of the Code of the City of Roanoke, Virginia (1979), as amended, provides for the regulation of stopping, standing and parking of motor vehicles within the City. In order to provide for the installation and maintenance of parking meters, Council must adopt certain additional measures. On June 5, 2017, City Council held a briefing regarding a proposal to install parking meters within the City for the purpose of conducting an approximately ninety (90) day parking meter pilot in specifically defined meter zones in the downtown area. The pilot is being conducted to determine if on- street parking access and availability can be improved with the introduction of multi -space meters in each of these zones. In order to conduct this pilot, City Code and the City Fee Compendium must be amended to authorize its establishment. The proposal is to establish parking meter rates in the following zones: Parking Description of Meter Zone Rates Meter Zone Free for the Meter Zone A Wall Street, S.E. and Market Street, S.E. between first hour Salem Avenue, S.E. and Campbell Avenue, S.E. $1.00 for Meter Zone B Salem Avenue, S.E. between Jefferson Street, S.E. the second and Wall Street, S.E., and Market Street, S.E. hour between Salem Avenue, S.E. and Norfolk Avenue, S. E. $3.00 for the third Meter Zone C Franklin Road, S.E. between Williamson Road, S.E. hour and Jefferson Street, S.E. Recommended Action Adopt the attached ordinance to amend Article IV Stopping Standing and Parking, of Chapter 20 Motor Vehicles and Traffic, of the Code of the City of Roanoke, Virginia (1979), as amended, to provide for the installation and placing of on- street parking meters within the City and the regulation, control, operation and use of such meters. The ordinance also makes additional technical amendments to Article IV Stopping Standing and Parking, of Chapter 20 Motor Vehicles and Traffic, of the Code of the City of Roanoke, Virginia (1979), as amended, to provide for the addition of the new sections of code to provide for parking meters. Adopt the attached ordinance that sets the rates for the parking meter zones as more particularly described in this report. Adopt the attached resolution to include these parking meter rates and the parking meter violation fees in the Fee Compendium, effective July 1, 2017. R. Brian Townsend Acting City Manager Distribution: Council Appointed Officers Sherman Stovall, Assistant City Manager for Operations Barbara Dameron, Director of Finance Troy D. Harmon, City Auditor Stephanie Moon Reynolds, City Clerk Debbie Moses, Parking Administrator Amelia C. Merchant, Director of Management and Budget June 20, 2017 CECELIA T. WDDD, CMC Asslsmnr Depnly City Clerk Robyn L.Schon General Manager Global Spectrum, L.P. The Berglund Center 710 Williamson Road, N. E. Roanoke, Virginia 24016 Dear Ms.Schon: I am enclosing copy of Ordinance No. 40859- 061917 authorizing the City Manager to execute proposed Amendment No. 1 to the Management Agreement dated January 1, 2014, between the City of Roanoke and Global Spectrum L.P. including the proposed Rider to the Management Agreement; authorizing the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Amendment No. 1, including the proposed Rider to the Management Agreement. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, OZULA' , "� , Cecelia F. McCoy Deputy City Clerk Enclosure R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget Simone Knowles, Purchasing Manager tS��� CITY OF ROANOKE OFFICE OF THE CITY CLERK - 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 TelepLanc (540)853 -2541 ITx: (540)853 -1145 STEPHANIE M. MOON RBVNOLDS, MMC E-nell: tlerkpnrmn,okev °'pp° CF.CELIA F. MCCOV City Clerk Depnly Cry Clerk June 20, 2017 CECELIA T. WDDD, CMC Asslsmnr Depnly City Clerk Robyn L.Schon General Manager Global Spectrum, L.P. The Berglund Center 710 Williamson Road, N. E. Roanoke, Virginia 24016 Dear Ms.Schon: I am enclosing copy of Ordinance No. 40859- 061917 authorizing the City Manager to execute proposed Amendment No. 1 to the Management Agreement dated January 1, 2014, between the City of Roanoke and Global Spectrum L.P. including the proposed Rider to the Management Agreement; authorizing the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Amendment No. 1, including the proposed Rider to the Management Agreement. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, OZULA' , "� , Cecelia F. McCoy Deputy City Clerk Enclosure R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget Simone Knowles, Purchasing Manager IN THE COUNCIL OF THE CITY OF ROANOKE., VIRGINIA The 19th day of June, 2017. No. 40859 - 061917. AN ORDMANCL authorizing the City Manager to execute proposed Amendment No. I to the Management Agreement dated January 1, 2014, between the City of Roanoke, Virginia ( "City"), and Global Spectrum L.P. ( "Global ") including the proposed Rider to the Management Agreement; authorizing the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Amendment No. 1, including the proposed Rider to the Management Agreement; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City and Ovations Food Services, LP ( "Ovations ") entered into a franchise agreement dated June 29, 2007 ( "Concessions Agreement "), whereby Ovations was awarded by the City the exclusive right and privilege to provide food, beverage, concessions and catering services at the Berglund Center for a term of ten years commencing on July 1, 2007, and ending on June 30, 2017, which was authorized by Ordinance No. 37797 - 060407, adopted by City Council June 4, 2007; WHEREAS, the Agreement between the City and Global provides that if the Concessions Agreement is terminated by the City and Ovations, Global shall be required to identify a successor third party to provide such catering mid concessions services at the Berglund Center, or perform the concessions and catering services itself oil an in -house basis, subject to an additional fee; WHEREAS, the Concessions Agreement with Ovations will expire on June 30, 2017; and O A., e don, No. - acrylnnd Colter Management Cbnvaa -rood Services (6- 19 -17) WHEREAS, the City and Global both desire to amend the Management Agreement in such manner to allow Globat to become the exclusive provider of catering and concession services at the Berglund Center on an in -house basis pursuant to the terms of the Management Agreement, upon the expiration of the Concessions Agreement between the City and Ovations on Junc 30, 2017. 'fHFREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows. 1. The City Manager is hereby authorized, to execute, in a form approved by the City Attorney, proposed Amendment No. 1 to the Management Agreement dated January 1, 2014, between the City and Global and the proposed Rider to the Management Agreement, as more particularly described in the City Council Agenda Report dated June 19, 2017, and the attachment to that Report. 2. The City Manager is authorized to take such actions and execute such documents as necessary to implement, administer, and enforce such Agreement. All 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 of this Ordinance by title is hereby dispensed with. ATTEST- FJ City Clerk. O- Miendmurt No. 1- Berglund Centu Management CIIItIW-Fo,d Sevvices (6 -I9 -17) 2 eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 19, 2017 Subject: Amendment to Berglund Center Management Contract with Global Spectrum for Food and Beverage Services (CM 17-00056) Background: The City of Roanoke and Ovations Food Services, LP entered into a franchise agreement, dated June 29, 2007, whereby Ovations was awarded the exclusive right and privilege to provide food, beverage, concessions, and catering services at the Berglund Center. The franchise agreement was for a term of 10 years, commencing on July 1, 2007 and ending on June 30, 2017. The City of Roanoke subsequently entered into a contract with Global Spectrum, LP, currently doing business as Spectra Venue Management, for the management and operation of the Berglund Center. The initial contract with Global Spectrum was for a term commencing on January 1, 2009 and ending on December 31, 2013. The current contract with Global Spectrum is for a term of five years, commencing on January 1, 2014 and ending on December 31, 2018. Ovations Food Services, LP is a subsidiary of Global Spectrum. Considerations: The franchise agreement with Ovations Food Services for food and beverage services expires on June 30, 2017. Upon the termination or expiration of the franchise agreement with Ovations Food Services, Global Spectrum is required to identify a successor third -party to provide food and beverage services at the Berglund Center or perform the services itself on an in -house basis, subject to an additional fee. The management agreement with Global Spectrum needs to be amended to include the provision of food and beverage services. Council approval is required to amend the management agreement. Recommended Action: Authorize the Acting City Manager to execute Amendment No. 1 to the Management Agreement with Global Spectrum and the Rider to the Management Agreement substantially similar in form to the documents attached to this report. i,* R. Brian Townsend Acting City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance EXHIBIT E RIDER TO MANAGEMENT AGREEMENT DATED JANUARY 1, 2014, BETWEEN THE CITY OF ROANOKE, VIRGINIA, AND GLOBAL SPECTRUM L.P., FOR THE PROVISION OF CATERING, CONCESSIONS, AND FOOD AND BEVERAGE SERVICES BY GLOBAL SPECTRUM L.P. THIS RIDER to the Management Agreement dated January 1, 2014, between the City of Roanoke, Virginia ( "City'), a Virginia municipal corporation, and Global Spectrum L.P. d /b /a SPECTRA VENUE MANAGEMENT, LP, a Delaware limited partnership d /b /a Spectra Venue Management ( "Contractor") ( "Contract'), is entered into this day of , 2017, and amends the Contract by inclusion of the following additional duties to be provided by Contractor pursuant to the Contract: A. Definitions- For the purpose of this Rider to the Contract only, the following terms shall have the meanings defined below. (1) Catering and Concessions Services - "Catering and Concessions Services" shall mean the provision of all food and beverages, including snacks, meals, and alcoholic beverages, and specifically excludes all non food or beverage products. (2) Gross Receipts - "Gross Receipts" shall mean the total of all amounts received by Contractor and any sub - contractors from the operation of the catering and concession services, including any service charges, whether such amounts are evidenced by cash, check, credit, charge account, exchange or otherwise, less only retail sales taxes and other direct taxes imposed upon receipts collected from the consumer. Gross Receipts shall include amounts received from the sale of goods at the Berglund Center as well as amounts received from orders taken or received at the Berglund Center (regardless of where such orders are filled). All Operating Expenses shall be paid from the Gross Receipts or, if Gross Receipts are not sufficient to cover any Operating Expenses, the City shall make up the shortfall subject to the terms of Section G(3) below, subject to appropriation of funds by City Council. (3) Gross Sales - "Gross Sales" shall mean the total of all receipts from Catering and Concessions Services minus only taxes and gratuities paid out to employees. (4) Operating Expenses - "Operating Expenses" shall mean the cost to Contractor and its subcontractors of the sale of concession items and the performance of Contractor duties under this Rider, including without limitation (a) personnel and payroll costs, including applicable taxes, benefits, relocation costs, and bonuses with respect to all on -site management and administrative staff, independent contractors, consultants and all other employees (to the extent such salaries and bonuses are not unreasonable and reflect market standards for Roanoke, Virginia), (b) actual product costs, (c) cost of permits and licenses, (d) all taxes paid by Contractor hereunder on the sale of concession items, (e) equipment rental costs, (f) cost of equipment repairs and maintenance, (g) bonding costs, (h) office supplies, printing costs and postage, (i) telephone charges, (j) cost of cleaning supplies and pest control, (k) laundry costs, (1) armored car and other vehicle expenses, (m) legal, accounting and audit fees, (n) cost of serviceware and paper supplies, (o) trash removal costs, (p) dues, subscriptions and membership fees, (q) travel, food and lodging costs (which shall be limited to training for Contractor's local employees at the Berglund Center) (r) security expenses, (s) computer costs, (t) uniform costs, (u) advertising and marketing costs, (v) cost of ice, (w) payments to sub - contractors engaged by Contractor hereunder, (x) decorating costs, (y) payroll processing expense, (z) bank charges, (aa) temporary housing and relocation expense, (bb) employment agency fees, and (cc) any other miscellaneous expenses related to the foregoing. Operating Expenses shall be paid from the Gross Receipts or, if Gross Receipts are not sufficient to cover any Operating Expenses, the City shall make up the shortfall subject to the terms of Section G(3) below, subject to appropriation of funds by City Council. (5) Incentive Fee -" Incentive Fee' shall mean the percentage of Gross Sales to be paid to Contractor as described in Section G.2 below B. Grant of Exclusive License for Concessions and Catering Services- City hereby grants to Contractor the exclusive right and privilege to provide exclusive Catering and Concession Services at the Berglund Center complex (formerly known as the Roanoke Civic Center), located at 710 Williamson Road, Roanoke, Virginia, 24016 , subject only to the limitation provided below. The parties agree that Concessions and Catering Services includes, and is not limited to, managing, operating and supervising the sale of all food, food products, candy, alcoholic and non - alcoholic beverages, in the concessions, catering and related areas of the Berglund Center, such exclusive right to include operating Encore Grille. Contractor covenants and agrees to exercise the full concession rights granted hereunder at all events held at the Berglund Center in such manner and with such number of personnel as are necessary to provide adequate supplies and service of the food, beverage and other products described herein to patrons of the Berglund Center. Contractor agrees that it shall provide such Catering and Concessions Services at the Berglund Center in accordance with the terms of the Contract, and the terms of this Rider. City agrees that it will not, without the prior approval of Contractor, enter into any lease, license or other agreement granting to any party other than Contractor or a sub - contractor mutually agreed by City and Contractor, the right to perform any Catering and Concession Services at or upon the Berglund Center. C. Use of Catering and Concessions Areas- In connection with the Catering and Concessions Services to be provided by Contractor under this Rider to the Contract, City licenses to Contractor that certain space(s), the location of which is shown in Attachment A, attached hereto. The City further licenses to Contractor the existing kitchen located in the basement of the Berglund Center Coliseum. City further licenses all those areas at the Berglund Center that include, but are not limited to, the concession stands, serving locations, food preparation areas, kitchen and other related areas at the Berglund Center ( "Catering and Concession Areas "). D. Exceptions to License- Contractor acknowledges that licensee(s) of the City may, on occasion, request to hire or retain its own catering and /or concession staff to provide or sell such catering or concessions services to its personnel, crew or the public and that such requests shall be granted and made a part of the license agreement between the City and licensee(s). These requests are made in connection with certain types of events which include, but are not limited to circuses, carnivals and ice shows or performers who have specific dietary needs and prefer to have their own catering staff. In such instances only, Contractor agrees to waive its catering and concessions exclusivity rights provided by this Contract. E. Hours of Operation- Contractor agrees to operate the Catering and Concessions Areas with respect to all events at the Facility where such Catering and Concessions Services are requested by City, during such hours as may be requested by City. F. Sale of Alcoholic Beverages- Contractor understands that the privilege to sell alcoholic beverages in Virginia is subject to compliance with applicable laws, including the provisions of the Virginia Alcoholic Beverage Control Act (Section 4.1 -100 et seq., of the Code of Virginia (1950) as amended.) Contractor agrees to comply with all applicable laws, rules and regulations. Contractor further understands that City shall have the sole determination whether alcoholic beverages may be sold at an event. G. Compensation to Contractor for Providing Concessions and Catering Services 1. Management Fee. As consideration for the performance by Contractor of its duties hereunder, City shall pay Contractor a fixed management fee ( "Management Fee') of $80,000 per year, for the period July 1, 2017 to June 30, 2018 in equal monthly payments. The Management Fee for the period July 1, 2018 to December 31, 2018 shall be prorated for the six month partial year period. On the thirtieth (30th) day of each month during the term of the Contract, Contractor shall pay itself the Management Fee and Incentive Fee, as described in Section G.2 due Contractor for the preceding month from the Gross Receipts and other amounts in the Operating Account. The balance of Gross Receipts shall remain in the Operating Account for the benefit of the City. 2. Incentive Fee. In addition to the Management Fee, Contractor shall be entitled to receive an Incentive Fee each full or partial year. The Incentive Fee shall be paid at 5% of Gross Sales. The Incentive Fee shall not exceed $20,000 for the full year and shall not exceed $10,000 for the partial year. 3. Operotinq Expense Deficit. Gross Receipts shall be deposited by Operator in the Berglund Center Complex Operating Account. All Operating Expenses under this Rider shall be part of "Operating Expenses" as such term is used in the Contract, and shall be paid out of Gross Receipts and other amounts in the Berglund Center Complex Operating Account. If at any time Gross Receipts and other amounts in the Operating Account are insufficient to cover Operating Expenses, Contractor shall notify the City and the City shall advance funds to pay for such deficit, subject to appropriation of funds by City Council. Contractor shall not be required to advance any of its own funds to pay Operating Expenses. 4. Monthly Financial Reports. Contractor shall provide to the City, within thirty (30) days after the end of each month during the Term of the Contract, financial reports regarding its provision of Catering and Concession Services, including a statement showing Gross Receipts and the Operating Expenses for the applicable period, and a month to date reconciliation report. H. Term -The term of the services to be provided by Contractor pursuant to this Rider shall commence July 1, 2017, and run concurrent with the term of the Management Contract between the City and Contractor dated January 1, 2014, upon the conclusion of which this Rider shall expire. The parties agree that Contractor's obligation to provide Catering and Concessions pursuant to this Rider may be terminated upon the mutual agreement of the parties. I. Entire Agreement -The parties acknowledge and agree that this Rider contains the entire understanding of the parties with respect to Contractor's obligation to provide Catering and Concessions Services at the Berglund Center, and there are no other understandings or agreements between the parties, whether verbal or written, that are not contained herein. CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation Printed GLOBAL SPECTRUM L.P.,a Delaware limited partnership d /b /a Spectra Venue Management Printed AMENDMENT NO. 1 TO MANAGEMENT AGREEMENT DATED JANUARY 1 2014 BETWEEN THE CITY OF ROANOKE, VIRGINIA, AND GLOBAL SPECTRUM L.P., THIS AMENDMENT NO. 1 ( "Amendment") is made and entered into by and between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation ( "City ") AND GLOBAL SPECTRUM L.P., a Delaware limited partnership, d/b /a Spectra Venue Management ("Contractor"), and amends that Management Agreement entered into by and between City and Contractor dated January 1, 2014 ( "Contract'), RECITALS: WHEREAS, pursuant to the terms of the Contract, Contractor agreed to manage and operate as agent for the City, those certain premises owned by the City now known as the Berglund Center (formerly known as the Roanoke Civic Center), located at 710 Williamson Road, Roanoke, Virginia, 24016 , WHEREAS, prior to the date the City and Contractor entered into the Contract, the City and Ovations Food Services, LP ( "Ovations "), entered into a franchise agreement dated June 29, 2007 ( "Concessions Agreement'), whereby Ovations was awarded by the City the exclusive right and privilege to provide food, beverage, concessions and catering services at the Berglund Center for a term of ten years commencing on July 1, 2007, and ending on June 30, 2017, WHERAS, the Contract between City and Contractor acknowledges the existence of the Concessions Agreement, and the Contract provides that if the Concessions Agreement is terminated by the City and Ovations, Contractor shall be required to identify a successor third party to provide such catering and concessions services at the Berglund Center, or perform the concessions and catering services itself on an in -house basis, subject to an additional fee, WHEREAS, the Concessions Agreement with Ovations will expire on June 30, 2017; TiM WHEREAS, the parties desire that Contractor become the exclusive provider of catering and concessions services at the Berglund Center on an in- house basis pursuant to the terms of the Contract, and the parties desire to amend the Contract in such manner to specify the duties of Contractor in providing food, beverage, concessions and catering services at the Berglund Center, and the compensation to be paid Contractor for providing such services, as permitted by the terms of the Contract, upon the termination and expiration of the Concessions Agreement between the City and Ovations on June 30, 2017. NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants contained herein, and in the Contract, and the above recitals which are incorporated herein by reference and are a material part of this Amendment No. 1, the parties do hereby covenant and agree as follows: 1. The parties agree that the Contract is hereby amended by the addition and inclusion of the attached Exhibit E titled "Rider to Management Agreement Dated January 1, 2014, Between the City of Roanoke, Virginia and Global Spectrum, L.P, for the Provision of Catering, Concessions, and Food and Beverage Services by Global Spectrum" which provides for the provision of food, beverage, concessions and catering services by Contractor at the Berglund Center, and the compensation to be provided Contractor for such services. The parties acknowledge and agree that they desire the terms and conditions contained in the Rider to govern the Contractor's provision of food, beverage, concessions and catering services by Contractor at the Berglund Center. 2 2. Except as amended by this Amendment No. 1, the remainder of the terms and conditions contained in the Contract remain unchanged, and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment No. I as of the day and year first written above by their authorized representatives: CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation By: Printed Name: Title: GLOBAL SPECTRUM L.P., a Delaware limited partnership d/b /a Spectra Venue Management Printed ATTACHMENT A TO RIDER LICENSED CATERING AND CONCESSIONS AREAS CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24811 -1536 T0,1...ne: (540)85.1 -2541 Mnv (54(1)853 -1145 STFTHANIE M. MOON REYNOLDS, MM( E- nn,il: cicrk(,, roannkevo.... (-E('ELIA F. M('('OY ('ily ('lerk Depnly Clly Clerk CE('ELIA T. W EBB, ('MC June 20. 2017 Aseis(ant Depnty City Clerk Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: 1 am enclosing copy of Resolution No. 40860 - 061917 repealing Resolution No. 40822- 051517, adopted May 15, 2017; and endorsing the update to the City's Five -Year Capital Improvement Program submitted by the Acting City Manager in the City Council Agenda report dated June 19, 2017, in the recommended amount totaling $200,681,544.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 19, 2017. Sincerely, \✓ QCOI. - - ?we ez Cecelia F. McCoy Deputy City Clerk Enclosure C' R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget II I „\Ilr” IN T[tH COUNCIL OF']'lilt C'I'IY OF ROANOKP„ VIRGINIA The 19th day of June, 2017. No. 40860 - 061917. A RESOLUTION repealing Resolution No 40822-051517, adopted May 15,2017; and endorsing the update to the City's Fivc -Year Capital Improvement Program submitted by the Acting City Manager in the City Council Agenda report dated ,June 19, 2017. WHEREAS, City Council adopted Resolution No. 40822 - 051517 on May 15, 2017 and endorsed the update to the City's Five -Year Capital Improvement Program for Fiscal Years 2018 -2022 in the recommended amount totaling $192,681,544; WHEREAS, the City Council Agenda Report dated May 15, 2017, that accompanied Resolution 40822-05 1 5 17 included an itemization of the categories of capital improvement expenditures in which the total amount of expenditures was miscalculated due to a formula error; WHEREAS, City administration recently discovered this miscalculation, all as more particularly described in the City Council Agenda Report dated June 19,2017; WHEREAS, the Attachment A to the City Council Agenda Report dated May 15, 2017, also included the sum of $500,000 for Streetscape Improvements in Fiscal Year 2018 where no expenditure for Fiscal Year 2018 was to made in Fiscal Year 2018; WHEREAS, the total amount of expenditures for Slrectscape Improvements in Fiscal Years 2018 -2022 was correctly stated in the City Council Agenda Report dated May 15, 2017; WHEREAS, by City Council Agenda Report dated .lane 19, 2017, the Acting City Manager has presented a corrected update to the City's Five -Year Capital Improvement Program for Fiscal Years 2018 -2022 in the recommended amount totaling $200,681,544; K7MmIILII<vwmrly M1�1O,Q017ARI -I Wiun POR CA X UTA [ ON LRROR Ib, r'Ip r 19 17,111",/1,1/17 WfIFREAS, the Capita Improvement Program and the funding recommendation for the project is affordable and consistent with previous discussions by City Council and the actions taken by City Council; WHF.RVAS, this Council is desirous of endorsing the recommended update to the Five - Year Capital Improvement Program fill Fiscal Years 2018 -2022; and WHEREAS, it is appropriate to repeal Resolution No. 40822 - 051517 based on the miscalculation error contained in that Resolution and the incorrect amount of expenditures for Streetscape Improvements for Fiscal Year 2018. THEREFORE, BE IT RESOLVED BY THE Council of the City of Roanoke, Virginia that 1. Resolution No. 40822 - 051517 is hereby repealed. 2. This City Council endorses and concurs in the recommendations of the Acting City Manager for a certain update in the Five -Year Capital Improvement Program for the City of Roanoke for Fiscal Years 2018 -2022, and the related funding recommendations, as set out in the City Council Agenda report dated June 19, 2017. ATTEST: Q,ep� City Clerk. F Wla"II IAYcirly Mamn1uII017ARcsulminu FOR CALCI ILA'I [ON IatROR 1'11r CIF 6 19 17.d,,, 6/1 4/17 aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 19, 2017 Subject: Capital Improvement Program Update FY 2018 -2022 (CM- 1700066) Background: The Capital Improvement Program (CIP) for Fiscal Years 2018 -2022 is a plan recommended for approval by City Council for anticipated capital project expenditures to be incurred over the next five years and is a revision of the Fiscal Years 2017 -2021 plan. The CIP for Fiscal Years 2018 -2022 estimated expenditures in the aggregate amount of $192,681,544, and City Council endorsed the CIP for Fiscal Years 2018- 2022 on May 1 5, 2017, through the adoption of Resolution No. 40822- 051517. Recently, staff discovered that the CIP for Fiscal Years 2018-2022 contained two errors in Attachment A included in the City Council Agenda Report dated May 15, 2017. An inadvertent formula error understated the total estimated expenditures for Fiscal Years 2018 -2022 by $8,000,000. The specific formula error failed to include the amount estimated for Fleet Capital Replacement in the Total Amount on Attachment A, although the full amount of expenditures for Fleet Capital Replacement was included in the attachment. It also indicated that the sum of $500,000 was planned to be spent on Streetscape Improvements in Fiscal Year 2018 and the total amount of expenditures for Streetscape Improvements allocated for Fiscal years 2018 -2022 was $2,000,000. In fact, no amount for Streetscape Improvements is planned to be spent for Fiscal Year 2018. The total amount of expenditures for Streetscape Improvements for the update to the Five Year CIP is correct at $2,000,000. Considerations: Council action is required to repeal Resolution No. 40822 - 051517 and endorse a revised update to the CIP. Recommended Action: Adopt a resolution that repeals Resolution 40822-05 1 5 1 7, and endorses the update to the CIP for Fiscal Years 2018 -2022 with the corrected Attachment A, a copy of which is attached to this City Council Agenda Report. f �"k R. Brian Townsend Acting City Manager Distribution: Council Appointed Officers Barbara A. Dameron, Director of Finance Economic Development: Arts and Cultural Capital Contributions Roanoke Centre for Industry and Technology Improvements TOTAL - Economic Development FireIEMS FireIEMS Airpacks TOTAL - FireIEMS Fleet Capital Replacement Fleet Capital Replacement TOTAL - Fleet Capital Replacement Parks Parks and Recreation Master Plan TOTAL - Parks Schools School Improvements TOTAL - Schools Storm Drains Neighborhood Storm Drain Program TOTAL - Storm Drains Streets, Sidewalks and Bridges: Bridge Renovation /Replacement Program Curb, Gutter and Sidewalk Program Passenger Rail Infrastructure Street Improvement Projects Streetscape Project Improvements TOTAL- Streets, Sidewalks and Bridges $ 341,570 $ - $ 341,570 Total $ 3,041,256 $ 3,664,556 $ 964,870 $ Ipttdn 4,006,126 IY 20$8 t 120$5 22 ' Buildings: 911 Center $ 603,922 $ 8,525,946 $ 9,129,868 Fire Facility Master Plan $ 375,000 $ 5,670,000 $ 6,045,000 Library Master Plan $ 5,369,979 $ $888,750 $ 14,258,729 TOTAL - Buildings $ 6,348,901 $ 23,084,696 $ 29,433,597 Economic Development: Arts and Cultural Capital Contributions Roanoke Centre for Industry and Technology Improvements TOTAL - Economic Development FireIEMS FireIEMS Airpacks TOTAL - FireIEMS Fleet Capital Replacement Fleet Capital Replacement TOTAL - Fleet Capital Replacement Parks Parks and Recreation Master Plan TOTAL - Parks Schools School Improvements TOTAL - Schools Storm Drains Neighborhood Storm Drain Program TOTAL - Storm Drains Streets, Sidewalks and Bridges: Bridge Renovation /Replacement Program Curb, Gutter and Sidewalk Program Passenger Rail Infrastructure Street Improvement Projects Streetscape Project Improvements TOTAL- Streets, Sidewalks and Bridges $ 341,570 $ - $ 341,570 $ 623,300 $ 3,041,256 $ 3,664,556 $ 964,870 $ 3,041,256 $ 4,006,126 $ 1,400,000 $ - $ 1,400,000 $ 1,400,000 $ $ 1,400,000 $ 3,500,000 $ 4,500,000 $ 8,000,000 $ 3,500,000 $ 4,500,000 $ 8,000,000 $ 7,070,174 $ 15,283,992 $ 22,354,166 $ 7,070,174 $ 15,283,992 $ 22,354,166 $ 12,700,000 $ 27,700,000 $ 40,400,000 $ 12,700,000 $ 27,700,000 $ 40,400,000 $ 3,527,000 $ 12,951,379 $ 16478,379 $ 3,527,000 $ 12,951,379 $ 16,478,379 $ 9,055,717 $ 30,481,264 $ 39,536,981 $ 2,474,219 $ 6,000,000 $ 8,474,219 $ 944,767 $ 4,525,971 $ 5,470,738 $ 9,197,466 $ 1,046,489 $ 10,243,955 $ - $ 2,000,000 $ 2,000,000 $ 21,672,169 $ 44,053,724 $ 65,725,893 F °j�cnNNUed) f12D19 f' 7.D'1Yi4 Wlwds " Technology Improvements Technology Improvements TOTAL - Technology Improvements Berglund Center Fund Berglund Center Renovations TOTAL - Berglund Center Fund $ 1,621,775 $ 4,211,150 $ 5,832,925 $ 1,621,775 $ 4,211,150 $ 5,832,925 $ 1,050,458 $ 6,000,000 $ 7,050,458 $ 1,050,458 $ 6,000,000 $ 7,050,458 GRAND TOTAL - All Funds $ 59,855,347 $ 140,826,197 $ 200,681,544 Pam King, Operations Manager Carillon Property Management, Inc. 213 McClanahan Street, S. W., #300 Roanoke, Virginia 24014 Dear Ms. King: I am enclosing copy of Resolution No. 40861 - 061917 authorizing execution of an Agreement with Carilion Property Management, Inc., in connection with the use of the Crystal Spring Garage, the Riverwalk Garage and parking spaces on Evans Mill Road from 3:00 p.m. until 11:00 p.m. on Tuesday, July 4, 2017, or any other date needed due to weather or other unforeseen circumstances, in connection with the 2017 annual fireworks show, and such Agreement including a hold harmless and indemnification clause requiring the City of Roanoke to indemnify and hold harmless Carilion Property Management, Inc., under certain circumstances. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 19, 2017. Sincerely, C, eCe tat MeCto Cecelia F. McCoy Q Deputy City Clerk Enclosure c: R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Debbie Moses, Parking Administrator Michael Clark, Director, Parks and Recreation Jackie Clewis, Risk Manager tom*` iG CITY OF ROANOKE OFFICE OF THE CITY CLERK 2i5 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)953-2541 Fax: (540) 99 -1145 STEPHANIE M. MOON REYNOLDS, MMC L-nWl: claA(/r)roanoke —gov ('ECELIA F. MCCOY City Clerk Deputy City Clerk CF.CELIA T. W ERR, CMC Atvtfitot Depnp City Clerk June 20, 2017 Pam King, Operations Manager Carillon Property Management, Inc. 213 McClanahan Street, S. W., #300 Roanoke, Virginia 24014 Dear Ms. King: I am enclosing copy of Resolution No. 40861 - 061917 authorizing execution of an Agreement with Carilion Property Management, Inc., in connection with the use of the Crystal Spring Garage, the Riverwalk Garage and parking spaces on Evans Mill Road from 3:00 p.m. until 11:00 p.m. on Tuesday, July 4, 2017, or any other date needed due to weather or other unforeseen circumstances, in connection with the 2017 annual fireworks show, and such Agreement including a hold harmless and indemnification clause requiring the City of Roanoke to indemnify and hold harmless Carilion Property Management, Inc., under certain circumstances. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 19, 2017. Sincerely, C, eCe tat MeCto Cecelia F. McCoy Q Deputy City Clerk Enclosure c: R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Debbie Moses, Parking Administrator Michael Clark, Director, Parks and Recreation Jackie Clewis, Risk Manager ,/A IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40861- 061917, A RESOLUTION authorizing execution of an Agreement with Carilion Property Management, Inc., in connection with the use of the Crystal Spring Garage, the Riverwalk Garage and parking spaces on Evans Mill Road during the 2017 annual fireworks show. IIE IT RESOL V ED by the Council of the City of Roanoke that the Acting City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf ofthe City, upon form approved by the City Attorney, an Agreement for the use of the Crystal Spring Garage, the Riverwalk Garage and parking spaces on Evans Mill Road from 3:00 p.m. until 11:00 p.m. on Tuesday, July 4, 2017, or any other date needed due to weather or other unforeseen circumstances, in connection with the 2017 annual fireworks show, such Agreement including a hold harmless and indemnification clause requiring the City of Roanoke to indemnify and hold harmless Carilion Property Management, Inc., under certain circumstances, all of which is set out in the City Council Agenda Report dated June 19, 2017, ATTEST: Ce"� -)� NiteCCa <� Uerl City Clerk. li -W -", sI" coign In, m::d I :cod F' da'III Ill Ili 1 1,1111, �- ILe�nn'kc Fhmv 2017.dne STATEMENT OF CONFLICT OF INTEREST I, David B. Trinkle, state that I have a personal interest in Agenda Item 7. a. 10 of the City Council Agenda for June 19, 2017, regarding an agreement between Carilion Property Management, Inc. and the City, because Carilion Property Management, Inc. is affiliated with my employer, Carilion Medical Center. I have no role in this proposed agreement and do not participate in any decision- making processes in this agreement for my employer. Therefore, pursuant to Virginia Code Sections 2.2 -3110 A. 4 and 2.2 -3112 A. 1, 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 19th day of June, 2017. Seal David B. Trinkle, Member of Council STATEMENT OF CONFLICT OF INTEREST I, David B. Trinkle, state that I have a personal interest in Agenda Item 7. a. 10 of the City Council Agenda for June 19, 2017, regarding an agreement between Carilion Property Management, Inc. and the City, because Carilion Property Management, Inc. is affiliated with my employer, Carilion Medical Center. I have no role in this proposed agreement and do not participate in any decision - making processes in this agreement for my employer. Therefore, pursuant to Virginia Code Sections 2.2 -3110 A. 4 and 2.2 -3112 A. 1, 1 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 19th day of June, 2017. (Seal) David B. Trinkle, Member of Council CITY COUNCIL AGENDA REPORT �xatt� To: Honorable Mayor and Members of City Council Meeting: June 19, 2017 Subject: Agreement Requiring City to Indemnify and Hold Harmless Carilion Property Management, Inc. (CM 17-00063) Background: The City of Roanoke is hosting the annual fireworks show at River's Edge Sports Complex on July 4, 2017. Shuttle service to the event site will be provided from Virginia Western Community College. Carilion Property Management, Inc. ( "Carilion ") has agreed to allow the City to use the parking spaces along the fence on Evans Mill Road, behind 213 McClanahan Street, S.W., as a shuttle drop -off point. Carilion has also agreed to allow its Crystal Spring Garage and the Riverwalk Garage to serve as designated emergency shelters in the event of a sudden severe storm or other weather event. Carilion will restrict access to the Riverside Garage and Riverside Campus during the event. Considerations: The Agreement authorizing the use of the facilities referenced above contains a provision requiring the City to indemnify and hold Carilion Property Management, Inc. harmless from any and all liabilities arising out of the use of Carilion facilities. An indemnification and hold harmless provision constitutes a waiver of sovereign immunity, and the execution of any contract containing such a provision must be authorized by City Council. Recommended Action: Adopt the attached resolution, authorizing the City Manager to execute an Agreement with Carilion Property Management, Inc., substantially in form as the Agreement attached to this letter, and waiving sovereign immunity. Such Agreement shall be approved as to form by the City Attorney. if r R. Brian Townsend, Acting City Manager Distribution: Council Appointed Officers Barbara A. Dameron, Director of Finance Michael D. Clark, Director of Parks and Recreation CARILION PROPERTY MANAGEMENT HOLD HARMLESS AGREEMENT Carilion Property Management agrees to allow the City of Roanoke to block off the parking spaces along the fence on Evans Mill Road behind 213 McClanahan in Roanoke for bus pick ups and drop offs of attendees to the 4" of July Festival on Tuesday, July 4, 2017 between the hours of 3 PM and 11 PM. Carillon Property Management also agrees to block off the Riverside Garage located at 6 Riverside Circle and the Riverside Campus for normal access during the event. According to the established emergency plans for the event, the Crystal Spring Garage located at 2001 Crystal Spring Avenue and the River Walk Garage located on the campus of Carilion Roanoke Memorial Hospital are identified as designated emergency shelters in the event of a sudden severe storm or other weather event. These facilities will only be used in an emergency sheltering event. This agreement may be rescinded or amended at any time by Carilion Property Management. The City of Roanoke agrees to indemnify and hold harmless Carilion Clinic and all its affiliated companies, including Carillon Property Management, to the extent permitted by law from any and all liabilities arising out of the use of the said parking spaces on Evans Mill Road and potential use of the identified garages and the Riverside Campus. They also agree to leave the premises in the same manner, as before occupancy and if need arises to have the premises cleaned due to their use, they will be responsible for this cost. Carilion representative: Title: Date: City of Roanoke: Title: Date: June 20, 2017 (E(ELIA T.%Enn, CMC AW,Nnt Dea" ty City Clerk Clay L. Dawson, President Countryside Sportsplex, Inc. 1529 Williamson Road, N.E. Roanoke, Virginia 24012 Dear Mr. Dawson: I am enclosing copy of Ordinance No. 40862- 061917 approving certain changes and modifications to the Contract for Purchase and Sale of Real Property dated February 28, 2014, and as amended, by and between the City of Roanoke, Virginia, and Northwest Recreation Club, Inc., and under the terms of the Contract, Northwest Recreation Club, Inc. assigned its rights and obligations as buyer to Countryside Sportsplex, Inc., to extend the time Countryside has to meet certain performance obligations and conditions imposed on Countryside under the terms of the Contract; authorizing the City Manager to execute Amendment No. 4 to the Contract to provide for such extension of time. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure c: Bob Reed, President, Miller Court Neighborhood Alliance, 440 Thelma Street, N. W., Roanoke, Virginia 24017 R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Michael Clark, Director, Parks and Recreation Bob Clement, Neighborhood Services Coordinator e�� �n CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 - Roanoke, Virginia 24611 -1536 TelrnLm,c (541) 89 -2541 Fax (5411)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC 1 ?�nnil: dm ktnammakevu.eov (E('EI.IA F. MC('OV 00 (lurk Drintly ('lly ('Ierk June 20, 2017 (E(ELIA T.%Enn, CMC AW,Nnt Dea" ty City Clerk Clay L. Dawson, President Countryside Sportsplex, Inc. 1529 Williamson Road, N.E. Roanoke, Virginia 24012 Dear Mr. Dawson: I am enclosing copy of Ordinance No. 40862- 061917 approving certain changes and modifications to the Contract for Purchase and Sale of Real Property dated February 28, 2014, and as amended, by and between the City of Roanoke, Virginia, and Northwest Recreation Club, Inc., and under the terms of the Contract, Northwest Recreation Club, Inc. assigned its rights and obligations as buyer to Countryside Sportsplex, Inc., to extend the time Countryside has to meet certain performance obligations and conditions imposed on Countryside under the terms of the Contract; authorizing the City Manager to execute Amendment No. 4 to the Contract to provide for such extension of time. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure c: Bob Reed, President, Miller Court Neighborhood Alliance, 440 Thelma Street, N. W., Roanoke, Virginia 24017 R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Michael Clark, Director, Parks and Recreation Bob Clement, Neighborhood Services Coordinator 1� IN HE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40862 - 061917. AN ORDINANCE approving certain changes and modifications to the Contract for Purchase and Sale of Real Property dated February 28, 2014, and as amended, by and between the City of Roanoke, Virginia, and Northwest Recreation Club, Inc. ( "Contract "), and under the terms of the Contract, Northwest Recreation Club, Inc. assigned its rights and obligations as buyer to Countryside Sportsplex, Inc. ( "Countryside "), to extend the time Countryside has to meet certain performance obligations and conditions imposed on Countryside under the terms of the Contract; authorizing the City Manager to execute Amendment No. 4 to the Contract to provide for such extension of time; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City, as seller, and Northwest Recreation Club, Inc., as buyer ( "Buyer ") entered into the Contract for the sale of certain City -owned property fronting along Highland Farm Road, N.W., Roanoke, Virginia, not to exceed the amount of3.60 acres, which property included a former tennis facility building ( "Property"), as authorized by Ordinance No. 39868- 021814, adopted by City Council on February 18, 2014; WHEREAS, the Contract provided that all proposed improvements for the Buyer's contemplated use Of the Property would be completed within 450 days after the real estate closing date; W11FREAS, by Agreement dated Jtme 27, 2014, (Ile Ruycr assigned all of its rights and obligations under the Cunuact to Countryside; WHEREAS, the City and Countryside closed the Property on .duly 30, 2014; WIIEREAS, by Amendment No. 1, dated Octobcr 19, 2015, to the aforementioned Contract, as authorized by this Council by Ordinance No. 40360- 100815, adopted October 8, 2015, Countryside encountered several delays in the project's development and requested that the Contract be amended to change the project substantial completion date to July 29, 2016; WHEREAS, by Amendment No. 2, dated July 8, 2016, to the aforementioned Contract, as authorized by this Council by Ordinance No. 40582- 070516, adopted on July 5, 2016, Countryside encountered several delays in the project's development and requested that the Contract be amended to change the project substantial completion date to December 30, 2016; WHEREAS, by Amendment No. 3, dated December 31, 2016, to the aforementioned Contract, as authorized by this Council by Ordinance No. 40727 - 121916, adopted on December 19, 2016, Countryside encountered several delays in the project's development and requested that the Contract be amended to extend the date by which Countryside could obtain its certificate of occupancy to June 30, 2017; WHEREAS, Countryside, has informed the City that it has encountered further delays in substantially completing renovations of the Property as a result of unanticipated delays attributable to weather conditions and other issues, and has requested an additional period of time until July 31, 2017, to substantially complete renovations to the Property pursuant to the terms of the Contract and to obtain its certificate of occupancy; and 0 Amrn I t N,i. V m Non11W.1 Rvummion Club CO1111UI (b -19 -17) 2 WHEREAS, City staff recommends that City Council authorize such Amendment No. 4. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: I. City Council hereby approves the changes and modifications to the Contract to extend the time Countryside has to complete the performance obligations and conditions under the Contract, including substantially completing the proposed improvements on the Property, from June 30, 2017, until on or before than July 31, 2017; upon such other terms as more fully described in the City Council Agenda Report dated June 19, 2017, to this Council, and the proposed Amendment No. 4, which is an attachment to such Report. 2. The City Manager is hereby authorized to execute Amendment No. 4 to the Contract, substantially similar to Amendment No. 4 attached to the City Council Agenda Report dated June 19, 2017, to provide for such extension of time, and to take such additional actions as may be necessary to provide for the implementation, administration, and enforcement of Amendment No. 4. All documents shall be upon form approved by the City Attorney. 3 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: 0ep-IJj City Clerk. <MmenUmCUI M, 4 U, N,,Ih,,,i Itu:¢ullmi end, (bnimcl(h-10 -I]) 3 e CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 19, 2017 Subject: Amendment No. 4 to Contract for Purchase and Sale of Real Property Dated February 28, 2014 Between the City of Roanoke, Virginia and Northwest Recreation Club, Inc. (CM 17-00073) Background: The City of Roanoke, as part of the implementation of the Countryside Master Plan, as amended, adopted by City Council on September 17, 2012, entered into a Contract for Purchase and Sale of Real Property, dated February 28, 2014 (Contract) authorized by Ordinance No. 39868-021814, adopted by City Council on February 18, 2014 with the Northwest Recreation Club, Inc. (Buyer) regarding a site not to exceed 3.60 acres which included a former tennis facility building, fronting along Highland Farm Road, N.W.. The Contract Contained a number of performance obligations and conditions imposed on the Buyer including the completion of all proposed improvements for the Buyer's contemplated use of the property within 450 days after the real estate closing date. By an agreement dated June 27, 2014, Buyer assigned all of its rights and obligations under the Contract to Countryside Sportsplex, Inc. (Countryside), as permitted under the Contract. Upon Countryside meeting certain fund raising, financing, and due diligence obligations required under the Contract, the City, by execution of a Special Warranty Deed, conveyed the property to Countryside on July, 30, 2014. Following the closing, Countryside proceeded to undertake initial pre - construction and design activities related to the property as required by the Contract including obtaining permits for environmental testing, interior demolition of the former tennis building, and related activities at the site prior to November 30, 2014. The Contract required substantial completion of the improvements by October 23, 2015. Countryside, however, encountered several delays in the development of the project and requested that the Contract be amended to change the project's substantial completion date to July 29, 2016. By Ordinance No. 40360- 10081 S, adopted by City Council on October 8, 201 S, Amendment No.] to the Contract was approved by City Council. The parties executed Amendment No. 1 on October 19, 201 S. Subsequently, Countryside notified City Administration indicating that additional issues related to an extended building renovation design process, unforeseen site utility conditions affecting connections to the former tennis building, and an unusually wet Spring and early Summer affected Countryside's ability to undertake necessary site improvements causing the project to fall behind the revised schedule. Countryside requested that the Contract be amended further to change the project substantial completion date to December 30, 2016. By Ordinance No. 40582- 070516, adopted by City Council on July 5, 2016, Amendment No. 2 was approved by City Council. The parties executed Amendment No. 2 on July 8, 2016. On December 8, 2016, Countryside once again notified the City of further delays in the completion of renovations to the former tennis facility, citing unanticipated delays in having permanent electrical service provided to the site by Appalachian Power, and the additional time it will take for route identification, design, and installation of this new service by the power company. Countryside requested that the Contract be further amended to change the project completion date to June 30, 2017. By Ordinance No. 40727- 121916, adopted by City Council on December 19, 2016, Amendment No. 3 was approved by City Council. The parties executed Amendment No. 3 on December 31, 2016. On June 13, 2017, Countryside notified the City of delays in the substantial completion of renovations to the building due to additional time required by Appalachian Power to provide permanent electrical service to the site and weather related delays in the installation of asphalt paving for handicap sidewalk access to the building. Countryside requested that the Contract be further amended to change the project completion date to july 31, 2017. Considerations: With the proposed execution of Contract Amendment No. 4, the remaining performance -based obligations which Countryside will be bound to perform as summarized below will not be affected: • Upon substantial completion of the project, to provide to the City's Parks and Recreation Department exclusive access and use of two indoor multi- purpose courts, at no cost to the City, during the months of November through February, inclusive, on Saturdays from 9:00 a.m. - 2:00 p.m.. Based upon mutually agreeable terms as contained in the Contract, the City shall continue such exclusive use of the two multi - purpose courts as outlined above until the value of such use by the City reaches the sum of $52,000. Based on the terms of use contained in the Contract, it is estimated that it would take approximately six and one -half (6.5) utilization seasons to exhaust the $52,000 value. (The $52,000 amount equates approximately to the assessed value of the land when it was proposed to be conveyed.) As security for Countryside's compliance with the terms and conditions of the Contract, Countryside provided previously a form of security to the City upon execution of the Contract in the amount of $52,000. Such security would be paid to the City, in whole or in part, if Countryside does not completely and satisfactorily perform the obligations of the Contract. Ensuring the completion of this project will not only further the general intent of the Countryside Master Plan, but also provide the City's Park and Recreation Department needed access to indoor facilities for its recreational programs, and help further define a critical mass of recreational opportunities for both individuals and team sports in this part of Roanoke. Proposed Amendment No. 4 is attached to this report for City Council's review and information. Z� - I 1 1HI iT[_T'I_0114tM Authorize the Acting City Manager to execute Amendment No. 4 to the Contract for Purchase and Sale of Real Property, substantially similar in form to such Amendment No. 4 which is attached to this report. Such Amendment No. 4 is to be approved as to form by the City Attorney. Authorize the Acting City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matter, with the form of any such documents to be approved by the City Attorney, and to implement, administer, and enforce the above - mentioned Contract, as amended, and any subsequent documents. f,�, R. Brian Townsend Acting City Manager Attachment Distribution: Council Appointed Officers Christopher Chittum, Director, Planning Building and Development Michael Clark, Director of Parks and Recreation See: Deed dated July 30, 2014 recorded as Instrument No. 140007392 on July 31, 2014. Tax Map No. 6472303. AMENDMENT NO. 4 TO CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY DATED FEBRUARY 28, 2014, AS AMENDED, BETWEEN CITY OF ROANOKE, VIRGINIA AND NORTHWEST RECREATION CLUB, INC. This Amendment No. 4 to Contract for Purchase and Sale of Real Property dated February 28, 2014, as amended, between the City of Roanoke, Virginia ( "Seller" or "City ") and Northwest Recreation Club, Inc., a Virginia non -stock corporation ( "Buyer ") (Amendment No.4) is made as of this day of June, 2017, by and between Seller and Countryside Sportsplex, Inc., a Virginia non -stock corporation ( "Countryside "). RECITALS WHEREAS, Seller and Buyer entered into a Contract for Purchase and Sale of Real Property dated February 28, 2014, following adoption of Ordinance No. 39868- 021814 by Roanoke City Council on February 18, 2014, and amended by Amendment No. 1 dated October 19, 2015, Amendment No. 2 dated July 8, 2016, and Amendment No. 3 dated December 31, 2016 ( "Contract "), pursuant to which Contract Seller agreed to sell to Buyer, and Buyer agreed to acquire, certain real property, together with improvements thereon, consisting of approximately 3.34 acres of land, not to exceed 3.60 acres, fronting along Highland Farm Road, in Roanoke, Virginia, and being a portion of property of Seller bearing Official Tax Map No. 6472302 (Property), for the purpose of developing an athletic facility ( "Project "); WHEREAS, the Contract included certain conditions and performance obligations imposed on Buyer, including substantial completion of all improvements for Buyer's Contemplated Use of the Property within 450 Days after the Closing Date; WHEREAS, the Buyer completed a subdivision plat to subdivide the Property from the parcel bearing Official Tax Map No. 6472302; WHEREAS, the Property bears Official Tax Map No. 6472303, consisting of 3.5890 acres of land; WHEREAS, the Contract was assigned from Buyer to Countryside pursuant to Assignment of Contract dated June 27, 2014, the Seller having consented to such assignment; WHEREAS, City Council adopted Ordinance No. 40360 - 100815 on October 8, 2015, to authorize the execution of Amendment No. 1 to the Contract, and Seller and Countryside executed Amendment No. 1 on October 19, 2015, to give Countryside an additional period of time until July 29, 2016, to commence development of the Project on the Property after Countryside encountered several delays in commencing work at the Property, including drainage issues; WHEREAS, City Council adopted Ordinance No. 40582- 070516 on July 5, 2016, to authorize the execution of Amendment No. 2 to the Contract, and Seller and Countryside executed Amendment No. 2 on July 8, 2016, to extend the date by which all improvements on the Property must be substantially complete from July 29, 2016, to a date on or before December 30, 2016, after Countryside encountered several delays in commencing work at the Property, arising from delays in completion of design of the Project in order to obtain permits, unforeseen existing site utility connection conditions, and weather related delays, WHEREAS, City Council adopted Ordinance No. 40727 - 121916 on December 19, 2016, to authorize the execution of Amendment No. 3 to the Contract and extend the date by which Countryside obtains its certificate of occupancy to June 30, 2017; WHEREAS, Countryside has encountered further delays in completing substantial renovation of the Property as a result of unanticipated delays attributable to weather conditions and other issues, and has requested an additional period of time until July 31, 2017, to complete substantial renovations to the Property pursuant to Section 4 B.3 of the Contract and obtain its certificate of occupancy; and WHEREAS, Seller is willing to further amend the Contract with respect to performance of this condition, subject to approval by Roanoke City Council. NOW, THEREFORE, based on the mutual promises and covenants contained herein, other good and valuable consideration, and the Recitals set forth herein which are a material part of this Amendment No. 4, Seller and Countryside hereby agree to amend the Contract as follows: Amendment to Contract Section 4.B.3 of the Contract, as amended, is amended by deleting the phrase "on or before June 30, 2017" wherever it appears in Section 4.B.3 of the Contract, as amended, and inserting the following phrase in its place: "on or before July 31, 2017." Effect of Amendment No. 4. Except as amended by Amendment No. 4, the Contract, as amended by Amendment No. 1, Amendment No. 2, and Amendment No. 3, remains in full force and effect in accordance with its terms and provisions. The Contract, as amended, constitutes the entire agreement by Seller, Buyer, and Countryside with respect to the Contract. This Amendment No. 4 is made pursuant to Section 32 of the Contract. Acknowledeement of Remedies Countryside acknowledges and agrees that, in the event that the Project is not Substantially Completed by July 31, 2017, Seller has all of its remedies under the terms of the Contract, as amended, including the right of Seller to recover the amount of the Performance Security, as defined in Section 12 of the Contract, as amended. Countryside further acknowledges and agrees that, in the event that Seller exercises its right to recover the Performance Security for such default, Countryside remains obligated to provide Seller with exclusive use of the Facility as provided in Section 4.13.5 of the Contract, as amended. 4. Recording of Amendment. Countryside shall, at its sole cost and expense, record a copy of this Amendment No. 4 and an attested copy of the ordinance adopted by Roanoke City Council authorizing the City Manager to execute, deliver, and perform this Amendment No. 4 with the Clerk's Office of the Circuit Court of City of Roanoke, Virginia. Countryside shall request that a copy of this Amendment No. 4 and the attached copy of the ordinance be indexed with Seller as Grantor and Countryside as Grantee and refer to the Deed. Authorization. The persons who have executed this Amendment No. 4 on behalf of the parties represent and warrant that they are duly authorized to execute this Amendment No. 4 on behalf of their respective entity. SIGNATURES APPEAR ON FOLLOWING PAGES IN WITNESS WHEREOF, Seller and Countryside have executed this Amendment No. 4 by their authorized representatives. ATTEST: City Clerk COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: CITY OF ROANOKE, VIRGINIA By: R. Brian Townsend, Acting City Manager The foregoing instrument was acknowledged before me this _day of June 2017, by R. Brian Townsend, Acting City Manager for the City of Roanoke, Virginia, a Virginia municipal corporation, for and on behalf of said municipal corporation. My commission expires: Notary Public SEAL WITNESS /ATTEST: COUNTRYSIDE SPORTSPLEX, INC. By: Clay L. Dawson, President COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this _day of June 2017, by Clay L. Dawson, President of Countryside Sportsplex, Inc., a Virginia non -stock corporation, for and on behalf of such entity. My commission expires: Notary Public SEAL Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney Authorized by Ordinance No. Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40863- 061917 amending and ordaining Chapter 32, Taxation, Article X, Transient Occupancy Tax, Section 32 -243, Report and remittance, Section 32 -244, Failure to collect, report or remit, Section 32 -245, Records to be kept, Section 32- 247.1, Penalty for late remittance or false return, Section 32 -248, Powers and duties of director of finance under article, Code of the City of Roanoke (1979), as amended, in order to transfer the duty and responsibility for the administration of the Transient Occupancy Tax from the Director of Finance to the Commissioner of Revenue, and to transfer the duty of collection of the Transient Occupancy Tax from the Director of Finance to the City Treasurer; repealing Section 32 -249, Monitoring Tax Payments.. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect on July 1, 2017. Sipcerely, 7 4, 67 Cecelia F. McCoy Deputy City Clerk Enclosure c: The Honorable Evelyn Powers, Treasurer The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Brenda Hamilton, Clerk, Circuit Court The Honorable Donald Caldwell, Commonwealth's Attorney Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance C`4 Q i CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fum (540) 853 -1145 STEPBANIE M. MOON RF.VNOI,DS, MM( E -mail: 0ork(dro2nokeva.gov CECELIA F. M('COV Cily Clerk Deputy City Clerk June 20, 2017 CECELIA T. WEBB, CMC Assistant Deputy City Clerk Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40863- 061917 amending and ordaining Chapter 32, Taxation, Article X, Transient Occupancy Tax, Section 32 -243, Report and remittance, Section 32 -244, Failure to collect, report or remit, Section 32 -245, Records to be kept, Section 32- 247.1, Penalty for late remittance or false return, Section 32 -248, Powers and duties of director of finance under article, Code of the City of Roanoke (1979), as amended, in order to transfer the duty and responsibility for the administration of the Transient Occupancy Tax from the Director of Finance to the Commissioner of Revenue, and to transfer the duty of collection of the Transient Occupancy Tax from the Director of Finance to the City Treasurer; repealing Section 32 -249, Monitoring Tax Payments.. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect on July 1, 2017. Sipcerely, 7 4, 67 Cecelia F. McCoy Deputy City Clerk Enclosure c: The Honorable Evelyn Powers, Treasurer The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Brenda Hamilton, Clerk, Circuit Court The Honorable Donald Caldwell, Commonwealth's Attorney Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance IN THE COUNCIL OF THE CI YY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40863- 061917. AN ORDINANCE amending and ordaining Chapter 32, Taxation, Article X, Transient Occupancy Tax, Section 32 -243, Report and remittance, Section 32 -244, Failure to collect report or remit, Section 32 -245, Records to be kept, Section 32- 247.1, Penalty for late remittance or false return, Section 32 -248, Powers and duties of director of finance under article, of the Code of the City of Roanoke (1979), as amended, in order to transfer the duty and responsibility for the administration of the transient occupancy tax from the director of finance to the commissioner of revenue, and to transfer the duty of collection of the transient occupancy tax from the director of finance to the city treasurer; repealing Section 32 -249, Monitoring Tax Payments; providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 32, Taxation, Article X, Transient Occupancy Tax, of the Code of the City of Roanoke (1979), as amended, is hereby amended and rem dained to read and provide as follows: Sec. 32 -243. Report and remittance (a) The person collecting any tax levied by this article shall make out a repot, upon such forms and setting forth Such information as the .nnuniasioncr nl rcccnuc dire�l,n of - le♦aucc may prescribe and require, showing the amount of room rental charges collected, and the tax required to be collected, and shall sign and deliver the same to the treasurer, with a remittance of the tax. Such reports and remittances shall be made on or bePore the twentieth day of each month covering the amount of tax collected dining the preceding month. (b) Any person operating a hotel regularly throughout the year may, upon written application to, and with the written consent of, the ronunls,iinwr „t rek�no: dil-1- ,,I liniiuce, snake reports and remittances on a quarterly basis in lieu of the monthly basis provided for in subsection (a) above. Such quarterly reports and remittances shall be made on the twentieth day of April, July, October and January in each year, and shall cover the amounts collected during the three (3) months immediately preceding the months in which reports and remittances arc required. (c) If the remittance provided for in this section is by check or money order, the same shall be payable to the city and all remittances received hereunder by the :....... niunc! of rr�rnuc dirceiur 14 li ntutre shall be promptly turned over to the treasurer. Sec. 32 -244. Failure to collect report or remit. (a) If any person shall fail or refuse to remit to the treasurer the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall he added to such tax by Ih. dri ct4 w- �d fnunr interest at the maximum yearly rates authorized by general law of the commonwealth, as provided for in section 58.1 -15, Code of Virginia (1950), as amended, on the amount of the tax for each year or portion thereof from the first day following the day upon which the tax is due. (b) If any person shall fail or refuse to collect the tax levied by this article and to make, within the time provided in this article, any report and remittance required by this article, the nnnmisviuncr of n °cenuc de-echer oaf tilmliv, shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the of 1, enur direi4or ,I lirwnee shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax payable by any person who has failed or refuse to collect the same and to make such report and remittance, he shall proceed to determine and assess against such person the tax and penalties provided for by this article and shall notify such person by rcgi.stc, ed mail sent to his last known place of address_ or ihwugb v112h other mclhod uj cumm11micnliom in 01, ennunissioner's disrrclion. of the total amount of such tax and interest and penalties, and the total amount thereof shall be payable within ten (10) days from the date of such notice. Sec. 32 -245. Records to be kept. It shall be the duly of every person liable for the collection and payment to the city of any tax imposed by this article to keep and preserve, for a period of three (3) years, such suitable records as may be necessary to determine the amount of such tax, which records the of 11�e -r dheclri1 �d Bonne, shall have the right to inspect at all reasonable times. ♦xx See. 32- 247.1. Penalty for late remittance or false return. If any seller whose duty it is to do so shall fail or refuse to file any report required by this article or to remit to the treasurer the tax required to be collected and paid under this article within the dine and in the amount specified in this article, there shall be added to such tax by iii, dnrel tut nit €neuce a penalty in the amount of ten (10) percent if the failure is not for more than thirty (30) days, with an additional Ih rlen (, 10) percent of the total amount of tax owed for each additional thirty (30) days or fraction thereof during which the failure continues, not to exceed twenty-five (25) percent of IIic 1,nr..ol erlcd in the ul;grcgule, i,: i�h ;� ininin1um ja-id llv od ftsu �l,i,� 1�_ -':. 1t 1) �;r !u.t it � furi mnounl i. rrcnor. Pio.idcd. u", I"ninll, shall , •. rrcd Ih - wumnl i�l ltrc Lu a.t., —IMC_ Sec.32 -248. Powers and duties of n nis ±iomiut re_nu�c directorof finance underarticle. It shall be the duty of the ei rctfnur dina4er of finuixe or his designee to ascertain the name of every person operating a hotel in the city, liable for the collection of the tax levied by this article, who fails, refuses or neglects to collect the tax or to make, within the time provided by this article, the reports or remittances required herein. The annmi"ioncr of I,ICliff" duo, (of k f kanncc and his designee may have a summons issued for such person, and may serve a copy of such summons upon such person in the manner provided by law iind shall make onet I I rrlolo of III,, m winiil o ff"; eu.j'id di:;Ifi,l iotir+af tile -��1%. Police powers are hereby conferred upon the ,:on nnisnioucr of „-rcmu dimctor of mime, and his designee while engaged in performing their duties as such under the provisions of this section and they shall exercise all the powers and authority of police officers in Pei forming such duties. * * k I Section 32 -249, Monitorin= tax pa meats, of Chapter 32 Taxation, Article X, Transient Occupancy Tax, of the Code of the City of Roanoke (1979) as amended, is hereby REPEALED. 3. Except as amended herein, the remainder of the provisions of Chapter 32 Taxation, Article X, Transient Occupancy Tax of the Code of the City of Roanoke (1979), as amended, shall remain unchanged and in full force and effect. 4. This ordinance shall be in full force and effect on and after July 1, 2017. 5. Pursuant to § 12 of the Roanoke City Chatter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: CQ c,cQcce, �7 `�2e �'e9 -cy, t1I,et City Clerk. 0 4 �lot CITY OF ROANOKE OFFICE OF THE CITY CLERK _ 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telcpkonc (540)853 -2541 Fnx: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC C -,nail: elerk(nlroanokeva.gov CECEWAF.MCCOV City Clerk Depnly ('ily ('ICrk June 20, 2017 CF,('ELIA T. WEBB, CMC Assistant Dcomy City Clerk Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40864 - 061917 amending and reordaining Chapter 32, Taxation Article VII, Tax on Purchase of Utility Services, Code of the City of Roanoke, (1979), as amended, by amending Section 32- 169(a)(4)(a), Electric Consumer Utility Tax, Section 32- 170(a)(4)(b), Natural Gas Utility Tax, Section 32- 171(c), Local Water utility tax, Section 32 -177, Seller's records, Section 32 -178, Duty of Director of Finance to collect, Section 32 -180, Failure to remit repealing Section 32 -181, Monitoring tax payments: in order to transfer the duty and responsibility for the administration of the Consumer Utility Tax from the Director of Finance to the Commissioner of Revenue, and to transfer the duty of collection of the tax from the Director of Finance to the Treasurer. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect on July 1, 2017. Sincerely, C Zee.Qt Ily Cecelia F. McCoy Deputy City Clerk Enclosure c: The Honorable Evelyn Powers, Treasurer The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Brenda Hamilton, Clerk, Circuit Court The Honorable Donald Caldwell, Commonwealth's Attorney Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance 0,I)L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. Nu. 40864 - 061917. AN ORDINANCE amending and reordaining Chapter 32, Taxation Article VII, Tax on Purchase of Utility Services, of the Code of the City of Roanoke, (1979), as amended, by amending Section 32- 169(a)(4)(a), Electric consumer utility tax, Section 32- 170(a)(4)(b), Natural gas utility tax, Section 32- 171(c), Local Water utility tax, Section 32 -177, Seller's records, Section 32 -178, Duty of director of finance to collect, Section 32 -180, Failure to remit: repealing Section 32 -181, Monitoring tax oayments� in order to transfer the duty and responsibility for the administration of the consumer utility tax from the director of finance to the commissioner of revenue, and to transfer the duty of collection of the tax from the director of finance to the treasurer; providing for an effective date, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that 1. Chapter 32, Taxation, Article VII, Tax on Purchase of Utility Services, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 32 -169. Electric consumer utility tax. (a) In accordance with section 58.1 -3814, Code of Virginia (1950) as amended, effective January 1, 2001, there is hereby imposed and levied a monthly tax on each purchase of electricity delivered to consumers by a service provider, classified as determined by such provider, as follows: (4) The service provider shall bill the electricity consumer tax to all users who are subject to the tax and to whom it delivers electricity and shall remit the same to the city on a monthly 1 basis. Such taxes shall be paid by the service provider to the city in accordance with § 58.1 -3814, paragraphs F and G, § 58.1 -2901, Code of Virginia (1950), as amended. If any consumer receives and pays for electricity but refuses to pay the tax imposed by this section, the service provider shall notify the city of the name and address of such consumer. If any consumer fails to pay a bill issued by a service provider, including the tax imposed by this section, the service provider must follow its normal collection procedures and upon collection of the bill or any part thereof must apportion the net amount collected between the charge for electric service and the tax and remit the tax portion to the city. Every seller with respect to which a tax is levied under this article shall make out a report, upon such form and setting forth such information as the cunnnissiun(i of I Oluc of - fiomw� may prescribe and require, showing the amount of utility services purchased, the tax required to be collected and the name and address of any Purchaser who has refused to pay his tax, and shall sign and deliver such report to the treasurer with a remittance of such tax. Such reports and remittance shall be made on or before the last day of the succeeding month of collection covering the amount of tax collected during the preceding month. . +m Sec. 32 -170. Natural gas utility tax. (a) In accordance with section 58.1 -3814 of Code of Virginia (1950), as amended, effective January I, 2001, there is hereby imposed and levied a monthly tax on each purchase of natural gas delivered to consumers by pipeline distribution companies and gas utilities classified by "class of consumers" as such term is defined in Virginia Code section 58.1- 3814 J, as follows: (4) The service provider shall bill the local natural gas utility tax to all users who are subject to the tax and to whom it delivers natural gas and shall remit the same to the city on a monthly basis. Such taxes shall be paid by the service provider, to this jurisdiction in accordance with § 58.1 -3814, paragraphs H. and 1. and § 58.1 -2901, Code of Virginia (1950), as amended. b. Every seller with respect to which a tax is levied under this article shall make out a report, upon such forms and setting forth such information as the C,111MI[IIiunct "I rcvrnua.liivr��a of filliow: may prescribe and require, showing the amount of utility services purchased, the tax required to be collected, and the name and address of any purchaser who has refused to pay his tax, and shall sign and deliver such report to the treasurer with a remittance of such tax. Such reports and remittance shall be made on or before the last day of the succeeding month of collection covering the amount of tax collected during the preceding month. * ** Sec. 32 -171. Local water utility tax. (c) Every seller with respect to which a tax is levied under this Article shall make out a report, upon such forms and setting forth such information as the Piri+tlor of i�inaace(\,nmriui nmo 0 pen 'enuc may prescribe and require, showing the amount of the water service purchased, the tax required to be collected, and the name and address of any purchaser who has refused to pay this tax, mud shall sign and deliver such report to the Treasurer with a remittance of such tax. Such reports and remittance shall be made on or before the twentieth day of each month, covering the amount of tax collected during the preceding month. Sec. 32 -177. Seller's records. Each and every seller shall keep and preserve for a period of three (3) years complete records showing all purchases of utility service in the city, which records shall show the price charged against each purchaser with respect to each purchase, the date thereof, and the date of payment thereof, and the amount of tax imposed under this article. The can tms ioncr f rc cuucdircttor of hnau� c shall have the power to examine such records at reasonable times and without unreasonable interference with the business of the seller, for the purpose of administering and enforcing the provisions of this article and to make copies of all or any parts thereof. Sec. 32 -178. Dutvof tre:sincr dircelor of tinauce to collect. 'Chc o-cu >urcr ducd,3r of Ilnynce shall be charged with the duty of collecting the taxes levied and imposed by this article and shall cause the same to be paid into the general treasury of the city. See. 32 -180. Failure to remit. If any person shall fail or refuse to submit to the treasurer the tax required to be collected and paid under this article, within the time and in the amount specified in this article, or the report required to be submitted under this article, there shall be added to such tax by the dia, k ,r d lima.=,, a penalty of ten (10) percent of the amount of the tax. 2. Chapter 32, Taxation, Article VII, Tax on Purchase of Utility Services, Code of the City of Roanoke (1979), as amended, Section 32 -181, Monitoring tax payments, be and is hereby REPEALED. 3. Except as amended herein, the remainder of the provisions of Chapter 32, Taxation, Article VII, Tax on Purchase of Utility Services, of the Code of the City of Roanoke (1979), as amended, shall remain in full force and effect. 4. This ordinance shall be in full force and effect on and after July 1, 2017. 5. Pursuant to § 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST, Ceez�ea -?2e (tv, i)Oea j' City Clerk. 4 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40865 - 061917 amending and reordaining Chapter 32, Taxation, Article IX, Admissions Tax, Section 32 -221, Report and remittance, Section 32 -222, Failure tc collect report or remit, Section 32 -223, Records to be kept, Section 32 -225, Temporary or transient places of amusement or entertainment, Section 32- 226.1, Penalty for late remittance or false return, Section 32 -227, Powers and duties of Director of Finance under article, Code of the City of Roanoke (1979), as amended; to transfer the duty and responsibility for the administration of the admissions tax from the Director of Finance to the Commissioner of Revenue, and to transfer the duty of collection of the Admissions Tax from the Director of Finance to the City Treasurer; repealing Section 32 -228, Monitoring Tax Payments. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect on July 1, 2017. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure The Honorable Evelyn Powers, Treasurer The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Brenda Hamilton, Clerk, Circuit Court The Honorable Donald Caldwell, Commonwealth's Attorney Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance CITY OF ROANOKE OFFICE OF THE CITY CLERK _ 215 Chinch Avenue, S. W., Room 456 _ Roanoke, Vinginia 24011 -1536 Telep Lone: (5411)853 -2541 Fnx: (5411)853 -1145 STFI'IIANIR M. MOON REVNOLUP, MM( E -neul: elerk(urnnnokeva. goy CECELIA F. MCCOY City Clerk Dqu t,y Cit, ('lerk June 20, 2017 CECEIAAT. WEBB,CMC Assistant Deputy City Clerk Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40865 - 061917 amending and reordaining Chapter 32, Taxation, Article IX, Admissions Tax, Section 32 -221, Report and remittance, Section 32 -222, Failure tc collect report or remit, Section 32 -223, Records to be kept, Section 32 -225, Temporary or transient places of amusement or entertainment, Section 32- 226.1, Penalty for late remittance or false return, Section 32 -227, Powers and duties of Director of Finance under article, Code of the City of Roanoke (1979), as amended; to transfer the duty and responsibility for the administration of the admissions tax from the Director of Finance to the Commissioner of Revenue, and to transfer the duty of collection of the Admissions Tax from the Director of Finance to the City Treasurer; repealing Section 32 -228, Monitoring Tax Payments. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect on July 1, 2017. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure The Honorable Evelyn Powers, Treasurer The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Brenda Hamilton, Clerk, Circuit Court The Honorable Donald Caldwell, Commonwealth's Attorney Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40865- 061917, AN ORDINANCE amending and reordaining Chapter 32, Taxation, Article IX, Admissions Tax, Section 32 -221, Report and remittance, Section 32 -222, Failure to collect, report or remit, Section 32 -223, Records to he kept, Section 32 -225, Temnorary or transient places of amusement or entertainment, Section 32- 226.1, Penalty for late remittance or false return, Section 32 -227, Powers and dirties of director of finance under article, of the Code of the City of Roanoke (1979), as amended; to transfer the duty and responsibility for the administration of the admissions tax from the director of finance to the commissioner of revenue, and to transfer the duty of collection of the admissions tax from the director of finance to the city treasurer; repealing Section 32 -228, Monitoring Tax Payrnems; providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: Chapter 32, Taxation, Article IX, Admissions Tax, of the Code of the City of Roanoke (1979) as amended, are hereby amended and reordained to read and provide as follows: See. 32 -221. Report and remittance (a) The person collecting any admission tax under this article shall make out a report, upon such forms and setting froth such information as the a nnniis�inucr ul Tcrenurd +roclurol- tinaurr may prescribe and require, showing the amount of the admission charge collected, exclusive of the federal tax thereon, and the tax from the achnissions tin' which he is liable, and shall sign and deliver the same to the trCNSUICI, with a remittance of such tax. Such report and remittance shall be made on or before the twentieth day of each month covering the amount of tax collected dwing the preceding month. Upon request of the person collecting any admissions tax and the written approval of the connni "inncr "I I', cour dIIu,k,I of hnuucc or his designee, the person collecting any admissions tax may make such report and remittance on the twentieth day of the month following the date of the event. (b) Any person operating a place of amusement or entertainment whereat amusement or entertaimncnt is furnished regularly throughout the year may, upon written application to, and with the written consent of, the runnuisaiun'r of rnrnucdircd,,, <d luran�c, or his designee, make reports and remittances on a quarterly basis in lieu of the monthly basis provided for in subsection (a) above. Such quarterly reports and remittances shall be made on the twentieth day of April, July, October and January in each year, and shall cover the amounts collected during the three (3) months Immediately preceding the months in which reports and remittances are required. (c) If the remittance under this section is by check or money order, the same shall be payable to the city and all remittances received hereunder by the I IMIM `4unCr of I ccenuc di', - of +irra,xr shall be promptly turned over to the city treasurer. Sec. 32 -222. Failure to collect report or remit. (a) If any person shall fail or refuse to remit to the treasurer the tax required to be collected and paid corder this article, within the time and in the amount specified in this article, there shall be added to such tax - {,v -tx; d4e, (,)I (It li;vrnea--interest at the maximum yearly rates authorized by general law of commonwealth, as provided for in section 58.1 -15, Code of Virginia (1950), as amended, on the amount of the tax for each year or portion thereof from the first day following the day upon which the tax is due. (b) If any person shall fail or refuse to collect such tax and to make, within the time provided in this article, any report and remittance required by this article, the ronimissiormr of reccu uc ddragor �d lmAuc, shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the c'oonnksiunc, of r, cenuc (ill ,, i n ellin.aree shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax payable by any person who has failed or refused to collect the same and to make such report and remittance, he shall proceed to determine such report and remittance, he shall proceed to determine and assess against such person the tax and penalties provided for by this article and shall notify such person by rcgivteitd mail sent to his last known place of address, ur Ilirongh such other nldlwd of connu mu, aI'm ddcnnined in the I . nniuiv.i„n.r 11 discnawn_ of the total amount of such tax and interest and penalties, and the total amount thereof shall be payable within ten (10) days from the slate of such notice. Sec. 32 -223. Records to be kept. It shall be the duty of every person liable for the collection and payment to the city of any lax imposed by this article to keep and preserve, for a period of three (3) years, such suitable records as may be necessary to determine the amount of such tax, which records the nmuni „innci of re, enue ,I shall have the right to inspect at all reasonable times. See. 32 -225. Temporary or transient places of amusement or entertainment (a) Whenever any place of amusement or entertainment makes an admission charge which is subject to the tax levied by this article and the operation of such place is of a temporary m- transitory nature, the conm,issionrr of rc, conr direta„r of liunncc shall require the report and remittance of the admission tax to be made on the day following its collection, if the operation is for one (1) day only, or on the day following the conclusion of a series of performances or exhibitions conducted or operated on more than one (1) day, or at such other reasonable time or times as the nnnnnissi,m,rr,d n,ouu. dirn1m "f fln.sirL r shall determine. (b) Before any temporary m transient amusement or entertainment shall begin operation, and before any license shall be issued therefor, if a license is required, the person operating the same shall deposit with the treasurer a sum of money, o +aiu lieu ul 4,x,1 a b"n,l Na 1111 col oralc surely cordiliwnsl ill nnr Flro faublal aon,phancc will, Iles allirk ;ind in form nl>[oruo-rd by -il,e I'll eHom, v. in an amount to be estimated by the eonunisuiuner of re"ohr do,',lor of fwonie as sufficient to cover the admission tax required to be collected by such person under the provisions of this article, which money er hond shall be security for the collection and payment to the city of the admission tax. Upon the report being filed and payment being made pursuant to this section, the city treasurer shall refund the deposit, u the bu;nl. ,is die IT'- may Iw. Should any Pelson fail to file such report or pay such amount of tax collected within five (5) days from the tcimination of the operation of such amusement or entertainment, the annmiti,inncr' ul rrrrnaod3rerk1r If lioanre may thereupon assess such person with the tax computod on the basis of the best information available to him and proceed to collect the tax out of the deposit.. ur thv rn,r of lhr hwn,l, -and by any other lawful means. Y 4: k See. 32- 226.1. Penalty for late remittance or false return If any seller whose duty it is to do so shall fail or refuse to file any report required by this article or to remit to the treasurer the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax bt lhd iHr. c4,,; of then,, a penalty in the amount of ten (10) percent if the failure is not for more than thirty (30) days, with an additional the Ian (510) percent of the total amount of tax owed for each additional thirty (30) days or fraction thereof during which the failure continues, not to exceed twenty -five (25) percent a l (nc IaI,o I, 1lcc11 cl in di c�ai,': wilh�, niinirtlu I la 1,114 utt,C, 1lullets l'a'in).. ur 1, 10.00.,c h1 chc� � r nnxxun i. I(rcatcr_ Pim Idol, ;,m,, cr, n , I" Ialtc o_acd (III annnmt of fbc Ian I... ,lc. See. 32 -227. Powers and duties of conuuissinucr of I N cuuedh'eetor of finance under article. It shall be the duty of the comma hsirnrer ul rcrcnuc <ii Pi °afar rol linanec or his designee to ascertain the name of every person operating a place of amusement or entertainment in the city, liable for the collection of the tax levied by this article, who fails, refuses or neglects to collect the tax m to make, within the time provided by this article, the reports or remittances required herein. The 1111nmissWmcr Ill rC,cnoe Ill, for of w,irrc and his designee may have a summons or warrant of arrest issued for such person, and may serve a copy of such summons or execute such warrant upon such person in the manner provided by law aixl vl ,ib ii,ji, c »lo (1) n°lurn, l flic ,ngisial !,I ill" �wcrxl district c+n,rt "I iha eita. Police powers are hereby conferred upon the ,I rcccnuc If', tiler at (inane, and his designee while engaged in performing their duties as such under the provisions of this section and they shall exercise all the powers and authority of police officers in performing such duties. Section 32 -228, Monitoring tax oavmonts, Chapter 32 Taxation, Article IX, Admissions Tax, of the Code of the City of Roanoke (1979), as amended, is lien;by REPEALED. 3. Except as amended herein, the remainder of file provisions of Article IX, Admissions Tax, of Chapter 32 Taxation, of the Code of the City of Roanoke (1979) as amended, shall remain unchanged and in full force and effect. 4. This ordinance shall be in full force and effect on and after July t, 2017. 5. Pursuant to §12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: C— eeeet2 �,—/;Vl,t-"q, City Clerk. 0 5 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40866- 061917 amending and ordaining Chapter 32, Taxation, Article XIII, Special Tax on Consumers of Local Telephone Service, Section 32 -277, Duty of seller to collect report and remit, duties of local officials, Section 32 -278, Seller's records, Section 32- 282.2, Penalty for late remittance, Code of the City of Roanoke (1979), as amended, in order to transfer the duty and responsibility for the administration of the special tax on consumers of local telephone service from the Director of Finance to the Commissioner of Revenue; repealing Section 32- 282.1, Monitoring tax payments. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect on July 1, 2017. Sincerely, Cecelia F McCoy Deputy City Clerk Enclosure c: The Honorable Evelyn Powers, Treasurer The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Brenda Hamilton, Clerk, Circuit Court The Honorable Donald Caldwell, Commonwealth's Attorney Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Manager, Management and Budget CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Roma 456 Ro:Dmke, Virginia 24011 -1576 lFleplmnn: (540)953 -2541 Na: (540) 953 -1145 .S'I I", PH AN I M. MOON 10INNOLD.S, MMC E-nlni1: clerkaurounokevn . l;nv ('N:CF.I.IA F. ('iy (Ym'N DeP ^Ip' ('11y CYerk 0101, C BCE1AA T. W EBB, C'MC June 20, 2017 A1111hve Dcpnp (it, ' Clerk Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40866- 061917 amending and ordaining Chapter 32, Taxation, Article XIII, Special Tax on Consumers of Local Telephone Service, Section 32 -277, Duty of seller to collect report and remit, duties of local officials, Section 32 -278, Seller's records, Section 32- 282.2, Penalty for late remittance, Code of the City of Roanoke (1979), as amended, in order to transfer the duty and responsibility for the administration of the special tax on consumers of local telephone service from the Director of Finance to the Commissioner of Revenue; repealing Section 32- 282.1, Monitoring tax payments. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect on July 1, 2017. Sincerely, Cecelia F McCoy Deputy City Clerk Enclosure c: The Honorable Evelyn Powers, Treasurer The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Brenda Hamilton, Clerk, Circuit Court The Honorable Donald Caldwell, Commonwealth's Attorney Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Manager, Management and Budget V ;L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40866- 061917. AN ORDINANCE amending and ordaining Chapter 32, Taxation, Article XIII, Special Tax on Consumers of Local Telephone Service, Section 32 -277, Duty of seller to collect report and remit duties of local officials, Section 32 -278, Seller's records, Section 32- 282.2, Penalty for late remittance, of the Code of the City of Roanoke (1979), as amended, in order to transfer the duty and responsibility for the administration of the special tax on consumers of local telephone service from the director of finance to the commissioner of revenue; repealing Section 32- 282.1, Monitoring tax payments providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 32, Taxation, Article XIII, Special Tax On Consumers of Local Telephone Service, of the Code of the City of Roanoke (1979) as amended, is hereby amended and reordained to read and provide as follows: Sec. 32 -277. Duty of seller to collect report and remit- duties of local officials (a) It shall be the duty of every seller in acting as the tax collecting medium or agency for the city to add the amount of the tax imposed and levied by this article to all periodic bills it renders to nonexempt purchasers of local telephone service and to collect the tax imposed and levied by this article for the use of the city from purchasers at the time it collects charges for local telephone service. The taxes collected during each calendar month shall be reported by each seller separately from ally ether local taxes being collected by the seller on behalf of the city, on or before the twentieth day of the calendarr month thercaticr, together with the name and address of any purchaser who has refused to pay the tax. The seller shall file such report with and remit to the ( ni V1.0111a Ouparlmcni nd 1 ti,:,liwn treasurer the taxes so cwllcUcd and repoi(ed. The report required by this section shall be in the lbno prescribed by the ( 'nnu nnnm; allh of A 1,inie 1)eparinicnt of l a\ahwl Inr this purpo" director of lnumcc. (b) The Iie,i, rcr (Inveior (d Imam,, shall be charged with the power and duty of collecting the tax levied and imposed by this article and shall cause the same to be paid into the general treasury of the city. See. 32 -278. Seller's records. Each and every seller shall keep complete records showing all purchases of local telephone service in the city, which records shall show the price charged against each purchase, the date thereof and the date of payment thereof and the amount of tax imposed under this article. Such records shalt be kept at the seller's offices for a period of three (3) years for inspection by the cnnunls >irmcr ul rrr cniicdil",k,r o! lmlin,eof the city and his duly authorized agents at reasonable times during normal business hours, and the duly authorized agents of the city shall have the right, power and authority to make transcripts or copies thereof during such times as they may desire. Sec. 32- 282.2. Penalty for late remittance. If any seller shall fail or refuse to remit to the treasurer the tax required to be collected and paid under this article, within the time specified by section 32 -277 and in the amount specified in this article, or the report required to be submitted under this article, there shall be added to such tax be bxr (11-4 a td linzimc a penalty of ten (10) percent of the amount of the tax. 2. Section 32- 282.1, Monitoring tax payments, of Article XIII, Special Tax On Consumers of Local Telephone Service, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979) as amended, is hereby REPEALED. Except as amended herein, the remainder of the provisions of Chapter 32, Taxation, Article XIII, Special Tax On Consumers of Local Telephone Service, of the Code of the City of Roanoke (1979), as amended, shall remain unchanged and in fill force and effect. A. This ordinance shall be in full force and effect on and after July I, 2017. 5. Pursuant to § 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: C� �e S vne.c J City Clerk. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephmnc (540)853 -2541 Fv: (540)853 -1145 S'CEPIIAN I M. MOON REYNOLDS, MMC E -mail: clerk(ntroanokeva.g °v CECELIA F. MCCOY Ci1v Clerk Deputy City Clerk June 20, 2017 CECELIA T. WEBB, CMC Aslistw Deputy City Clerk Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40867 - 061917 amending and reordaining Chapter 32, Taxation, Article XIV, Tax on Prepared Food and Beverage, Section 32- 283(b), Definitions, Section 32 -286, Reports and remittance generally, Section 32 -287, Preservation of records, Section 32 -292, Enforcement duty of Director of Finance, Section 32 -293, Procedure upon failure to collect report etc., Section 32 -294, Duty of Director of Finance, and Section 32- 295(a), Penalty for late remittance or false retum, Code of the City of Roanoke (1979), as amended, in order to transfer the duty and responsibility for the administration of the tax on prepared food and beverage from the Director of Finance to the Commissioner of Revenue, and to transfer the duty of collection of the tax on prepared food and beverage from the Director of Finance to the City Treasurer. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect on July 1, 2017. Sincerely, ,1 C�GLEIQi� �P. C.RC,�_ Cecelia F. McCoy (j Deputy City Clerk Enclosure c: The Honorable Evelyn Powers, Treasurer The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Brenda Hamilton, Clerk, Circuit Court The Honorable Donald Caldwell, Commonwealth's Attorney Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Manager, Management and Budget O' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40867 - 061917. AN ORDINANCE amending and reordaining Chapter 32, Taxation, Article XIV, Tax on Prepared Food and Beveraee, Section 32- 283(6), Definitions, Section 32 -286, Reports and remittance eenerally, Section 32 -287, Preservation of records, Section 32 -292, Enforcement duty of director of finance, Section 32 -293, Procedure upon failure to collect report etc., Section 32 -294, Duty of director of finance, and Section 32- 295(a), Penalty for late remittance of false return of the Code of the City of Roanoke (1979), as amended, in order to transfer the duty and responsibility for the administration of the tax on prepared food and beverage from the director of finance to the commissioner of revenue, and to transfer the duty of collection of the tax on prepared food and beverage from the director of finance to the city treasurer; providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: Chapter 32, Taxation, Article XIV, Tax on Prepared Food and Beverage, of the Code of the City of Roanoke (1979) as amended, is hereby amended and reordained to read and provide as follows See.32 -283. Definitions. The following words and phrases, when used in this article, shall have, for the purpose of this article, the following respective meanings except where the context clearly indicates a different meaning: x ** (b) t. ,mm�i.v:iuner of recaum Direct +s ul Huai me: The cm kill) awl I, uI rcrcnur dh -cct" "I linpncc of the City of Roanoke and 'ally of his duly authorized deputies, assistants, employees or agents. Sec. 32 -286. - Reports and remittance eenerall Every seller of food with respect to which a tax is levied under this article shall make out a report, upon such foams and setting forth such information as the cnnnni'u1ion,r nl rcccnce dkt,cIoi it linlmcc,may prescribe and require, showing the amount of food charnges collected and the tax required to be collected, and shall sign and deliver such report to the city treasurer with a remittance of such tax. Such reports and remittance shall be made on or before the twentieth day of each month, covering the amount of tax collected during the preceding month. Sec. 32 -287. - Preservation of records. It shall be the duty of any seller of food liable for collection and remittance of the taxes imposed by this article to keep and preserve for a period of three (3) years records showing gross sales of all food and beverages, the amount charged the purchaser of each such purchase, the date thereof, the taxes collected thereon and the amount of tax required to be collected by this article. The cninmisioner ur rrccnac dinealur ill fluan,rshall have the power to examine such records at reasonable times and without unreasonable interference with the business of the seller, for the purpose of administering and enforcing the provisions of this article and to make copies of all or any parts thereof. Sec. 32 -292. Enforcement: duty of coininksioucr of rer cnue chrclor nI hmin: r. The „muuixsiuncr of reecn ucdir,cter c,l Inrauee shall promulgate rules and regulations for the interpretation, administration and enforcement of this article. It shall also be the duty of the conunissluncr of rccenuc dooct,,, ill —I-i mw,n to ascertain the name of every seller liable for the collection of the tax imposed by this article, who fails, refuses or neglects to collect such tax or to make the reports and remittances required by this article. The conuni,ai,nwI of revenue (1irector„ I Geanee may have issued a summons for such person and may serve a copy of such summons upon such person in the manner provided by law. ()w. 4 ! ) return ,d rhr mll�mal .unonom. +hall bc+ load, ni thv u,uai, divl ricl :null ibr the aK Police powers are hereby conferred upon the :onuuinsi il'i ,,� dirrc'l,n ,dt fmanco and his duly authorized deputies, assistants, employees and agents while engaged in their duties pursuant to this article, and they shall exercise all the powers and authorities of police officers in performing such duties. Sec. 32 -293. - Procedure upon failure to collect report etc. If any seller, whose duty it is to do so shall fail or refuse to collect the tax imposed under this article and to make, within the time provided in this article, the reports and remittances mentioned in this article, the coniniis,imi, ul I ev cuucdf, ecf r of Iman. shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the commis,eioner of recce ur dire cl,n of lilmwc shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax payable by any seller who has failed or refused to collect such tax and to make such report and remittance, he shall proceed to determine and assess against such seller the tax and penalties provided for by this article and shall notify such seller, by rcgdei�ntd mail sent to his last known place of address, If through such alh , ''I'diod of Cumru inliutinn daI1lj,I ,d in the s di,eretinn. of the total amount of such tax and penalties and the total amount thereof shall be payable within ten (10) days from the date such notice is sent. Sec. 32- 294. - Duty of trcaeurertiit -ri„r e1- linanca. The dirge- ter -ol faience shall have the power and the duty of collecting the taxes imposed and levied hereunder and shall cause the same to be paid into the general treasury for the city. Sec. 32 -295. - Penalty for late remittance or false return. (a) if any seller whose duty it is to do so shall fail or refuse to file any report required by this article or to remit to the city treasurer the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax k tlic gill\ neusurer a penalty in the amount of ten (10) percent if the failure is not for more than thirty (30) days, with an additional fh c Icvr(> 10) percent of the total amount of tax owed for each additional thirty (30) days or fraction thereof during which the failure continues, not to exceed twenty - five (25) percent of the I:r,es (infected, a tilslrllt, cs-hichevcr umowil is ki I'll, ,III d h t- arenal <, c +ilh a- iMnimumImlaliv of tH.a,iollm, {5I.fafl. Pru,ided_ hoc�rcet_ n�� Imnslh shall eneem] the nnumnt of lhC tae al "(.csablc. Except as amended herein, the remainder of tine provisions of Chapter 32 Taxation, Article XIV, Tax on Prepared Food and Beverage of of the Code of the City of Roanoke (1979) as amended, shall remain unchanged and in full force and effect. This ordinance shall be in full force and effect on and after July I, 2017. 4. Pursuant to § 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 01"t City Clerk. To: Honorable Mayor and Members of City Council Meeting: June 19, 2017 Subject: Transfer of Local Trust Tax Administration Background: Businesses operating within the City of Roanoke are required to collect certain taxes directly from their customers on behalf of the City, for later remittance to the City. These taxes are considered to be held in trust by the businesses on the City's behalf until the taxes are received by the City, and are informally referred to as "trust taxes ". These taxes include the admissions tax, transient occupancy tax, tax on prepared food and beverage, short-term rental tax, tax on the purchase of utility services and a special tax on consumers of local telephone services. The Department of Finance has traditionally been responsible for the administration of these taxes, with the exception of short - term rental which is administered by the Commissioner of the Revenue's Office ( "CoR "). Either monthly or quarterly, businesses self -report the assessed amount due, which is generally based on gross sales and remit those amounts due to the City. The Coll currently administers the business license tax, business personal property tax and short-term rental tax. As business taxes are now administered by two different departments, the potential for customer confusion and frustration is heightened as customers must interact with both departments in order to file required forms, complete new business applications, request assistance or obtain information for a single business. The Treasurer's Office, in addition to handling the collection of current accounts, handles delinquent collections on behalf of the City for real estate, business license and personal property taxes. The Director of Finance administers delinquent collections for the above referenced trust taxes. This creates additional complications as it is possible for two different departments to be pursuing collections against the same business at the same time. Consideration: In accordance with the October 3, 2016 briefing to City Council, transition of local trust tax administration from the Department of Finance to the Commissioner of the Revenue and Treasurer would eliminate duplicative departmental duties, allow for more efficient and effective processes, and reduce the need for multiple points of customer interaction. It will also help to facilitate the City's implementation of a centralized tax, billing and cashiering system. Amendments to existing ordinances are required to facilitate this transfer. Additionally, the ordinances will amend the rate at which penalties accrue for late remittances related to admissions, transient occupancy, and prepared food and beverages taxes. This adjustment will bring the City into compliance with Code of Virginia requirements. As part of Fiscal Year 2018 budget adoption, City Council approved the allocation of funds required to put this restructuring in place. Recommended Action: Adopt the accompanying ordinance to amend certain sections of Article VII, Tax on Purchase of Utility Services, of the Code of the City of Roanoke, Virginia (1979), as amended, such amendments to be effective July 1, 2017. Adopt the accompanying ordinance to amend certain sections of Article IX, Admissions Tax, of the Code of the City of Roanoke, Virginia (1979), as amended, such amendments to be effective July 1, 2017. Adopt the accompanying ordinance to amend certain sections of Article X, Transient Occupancy Tax, of the Code of the City of Roanoke, Virginia (1979), as amended, such amendments to be effective July 1, 2017. Adopt the accompanying ordinance to amend certain sections of Article XIII, Special Tax on Consumers of Local Telephone Service, of the Code of the City of Roanoke, Virginia (1979), as amended, such amendments to be effective July 1, 2017. Adopt the accompanying ordinance to amend certain of Article XIV, Tax on Prepared Food and Beverage, of the Code of the City of Roanoke, Virginia (1979), as amended, such amendments to be effective July 1, 2017. ,� / `—,I Troy A. Harmon Municipal Auditor c: Council Appointed Officers R. Brian Townsend, Acting City Manager Sherman Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Sherman Holland, Commissioner of the Revenue Evelyn Powers, Treasurer STEPBANIF. M. MOON RRVNOLDS, MM( (Sly ('lerk Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanuke, Virginia 24011 -1536 TcicpLmm: (540)8534541 Fox: (540)853 -1145 E nwil: clerk(nY'onnokevn.Cov June 20, 2017 CECELIA F. MC('OV Deputy ('ity ('lerk CECELIA T. W EBB, CM(' MINWA Deputy City Clerk I am enclosing copy of Resolution No. 40868- 061917 designating Board of Trustees of the Pension Board of the City of Roanoke and the Defined Contribution Board of the City of Roanoke as boards whose members are to file financial disclosure statements pursuant to Section 2.2- 3115(B), Code of Virginia (1950), as amended, effective July 1, 2017. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017. Sincerely, C-ec t'q 'J. me'tty Cecelia F. McCoy 4 Deputy City Clerk Enclosure c: R. Brian Townsend, Acting City Manager Sherman M. Stovall, Assistant City Manager for Operations Daniel J. Callaghan, City Attorney Troy D. Harmon, Municipal Auditor Andrea F. Trent, Assistant Director of Finance Amelia C. Merchant, Director, Management and Budget IN TI IE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40868 - 061917. A RESOLUTION designating Board of 'trustees of the Pension Board of the City of Roanoke and the Defined Contribution Board of the City of Roanoke as boards whose members are to file financial disclosure statements pursuant to Section 2.2- 3115(3), Code of Virginia (1950), as amended; and establishing and effective date. WHEREAS, Section 2.2- 3115(B), Code of Virginia (1950), as amended, authorizes a local governing body to designate boards or commissions whose members shall file financial disclosure statements as set forth in Section 2.2 -3118, Code of Virginia (1950), as amended; and WHEREAS, City Council believes that members of the Board of Trustees of the Pension Board established under Section 22.3 -8, Code of the City of Roanoke (1979), as amended, and the members of the Defined Contribution Board established under Section 22.3- 78(b), Code of the City of Roanoke (1979), as amended, should the financial disclosure statements as set forth in Section 2.2 -3118, Code of Virginia (1950), as amended. THEREFORE, BE IT RESOLVED by the City Council of the City of Roanoke, Virginia as follows: Pursuant to Section 2.2- 3115(B), Code of Virginia (1950), as amended, City Council designates the Board of Trustees of the Pension Board of the City of Roanoke established under Section 22.3 -8, Code of the City of Roanoke (1979), as amended, and the Defined Contribution Board established under Section 22.3- 78(b), Code of the City of 12oonoke (1979), as amended, as boards whose members shall file financial disclosure stalenwris as set IaMrn,umV...... nand Drtlmd t L i"1 11 b;nN nnuM1; m 1111 $$ mnmonr. 1, 176u, NI 117 birth in Section 2.2 -3118, Code of Virginia (1950), as amended. 'I he first filing shall be due January 15, 2018. Members of the Board of "I nustecs of the Pension Board of the City of Roanoke or members of the Defined Contribution Board who file a financial dISCIOSUre statement pursuant to Section 2.2-3117, Code of Virginia (1950), as amended, are deemed to satisfy this requirement. 3. 'Phis Resolution shall be effective on and after July I, 2017. ATTEST Cz,e� J-, rne-� Ilep-9 City Clerk. K W,..uraVPo 111 111 n d M""d l'onln1,111, 14rsd wwLi Io lilt $il slauw7LLa a 17 s, hlI!ll9 fop aor,� CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNIQPAI_ BIJILDING - 215 CHURCH AVFNCE, SW hpNtK ROANOKE, VIRGINIA 24011.1595 Daniel J. Callaghan TELEPHONE 540 - 853.2431 City Attorney FAX 540.8534221 EMAIL. cityaapC*,mokeva.eov .Tune 19, 2017 The Honorable Sherman P. Lea, Sr., Mayor and Members of City Council Roanoke, Virginia Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Re: Resolution designating members of the Board of Trustees of the Pension Board and members of the Defined Contribution Board to file financial disclosure statements Dear Mayor Lea and Members of Council: Pursuant to Section 2.2 -3115 (B), Code of Virginia (1950), as amended, City Council has the authority to designate boards and commissions whose members will be required to file financial disclosure statements as set forth in Section 2.2 -3118, Code of Virginia (1950), as amended. City Code establishes a board of trustees to administer the Pension Plan for City employees and a board to administer the Defined Contribution Plan for City employees. Presently, some members of these boards file financial disclosure statements under State Code based on their other City - related duties and responsibilities. Transparency warrants that all members of these two boards file an annual financial disclosure statement as set forth in Section 2.2 -3118, Code of Virginia (1950), as amended. The proposed resolution will require all members of these two boards to file annual financial statements, beginning January 15, 2018. Members who file the financial disclosure statement as set forth in Section 2.2 -3117 will not be required to file an additional disclosure statement. Based on the foregoing, it is recommended that City Council adopt the attached Resolution. � /� /,�� /$ /��meerely, Daniel J. llaghan City orncy DLC /lsc e: R. Brian "Townsend, Acting City Manager Sherman Stovall, Assistant City Manager for Operations Barbara Dameron, Director of Finance Troy D. Harmon, City Auditor Stephanie Moon Reynolds, City Clerk Andrea Trent, Deputy Director of Finance Timothy R. Spencer, Senior Assistant City Attorney o* rip 1 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 - Roanoke, Virginia 24011 -1536 Td,h.ne: (5411)853-2541 Fax: (541)85Y1145 fiTEFIIANIP, M. MOON RUNOLDS, MMC L -mail: elm'k(u ➢'uanokm a "eO° (- E('RI.IAF.M('('OV 01, Clerk Dnpny 01, Ck,k CECELIA T. W EBB, CMC June 20, 2017 AWManl Deautl CITY Clerk Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40869 - 061917 amending and reordaining Chapter 22.3, Pensions and Retirement, to amend Section 22.3 -51(c) and (d), Occupational disability retirement allowance, Article VIII, Disability Retirement, Code of the City of Roanoke (1979), as amended. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect on July 1, 2017. Sincerely, eu Cecelia F. McCoy Deputy City Clerk Enclosure c: The Honorable Brenda Hamilton, Clerk, Circuit Court The Honorable Donald Caldwell, Commonwealth's Attorney Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget Michele Vineyard, Director, Human Resources Jackie Clewis, Risk Manager �Y) IN "1'M? COUNCIL OF'I'IIF CITY OF ROANOKE, VIRGINIA The 19th day of dune, 2017. No. 40869 - 06191.7. AN ORDINANCE amending and reordaining Chapter 22.3, Pensions and Retirement, to amend Section 22.3 -51(c) and (d), Occupational disability retirement allowance, Article VIII, Disability Retirement, Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: Section 22.3 -51(c) and (d), Occupational disability retirement allowance, Article VIII, Disability Retirement, Code of the City of Roanoke (1979), is hereby amended and ordained to read and provide as follows: * r: Sec. 22.3 -51. - Occupational disabilitl retirement allowance. (c) The occupational disability retirement allowance of a hybrid member shall be determined on the same basis as described in subsection (b) above., es<rept that the di1.,oiltly ralinmmili iifo\.eeer W ti - hybrid ntembet 'ItiN he ofluet by the a<tnttt,.I eyat+vAcl l+tt.his a,counl in the dc,}etted "lilli dedlon plan a, of the cf Icclit c dale of hi,, dv,aloliiy, fit) ih,- -mrmher die" wltih foeiviue an lteeupalional dieebilll- r<'ti Blood allnwut+c HIP, e >ee yr(umilaled contrbtmal a, "I the elleelice date of the 111c11t1)e1', rel i Ioncni, rt -er dtc final -yeti I en I, it nhowuuC, prowinu,l I el d I v hilt iaill I", fmid I" the metol" hello {kim =e. I'll R i le, tic, lull L '01 1 llor an) I't-rson ohn uiewbct after lull, tot %(11-4) vnd lino I, MU )loi dl olhcr mcmbct,), in the e\cnt It 11club,r telires un ,ut occt uthongl disuhdit retirement alloiiencc_putsu nt qt Ihi, S,ucuon ?'.3 -51, the panther shall he entitled to ra-eiec a rclimd of the bal Ilru in Ihi Ill, ,ntlit t v rnnlributiou account ac soon ati odminisl rot i%'ely fit ,tct cpll following fhc Met hcr . apprnval let Much orculrat Ion,d div3IDil i IN IchIcmcnl ❑11mc 111,,. 2. This Ordinance shall be in fill force and effect on and after July I, 2017. Pursuant to Section 12, Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Dpkklj City Clerk. Meeting: June 19, 2017 Subject: City of Roanoke Pension Plan Return of Member Contributions and Interest on Member Contribution Account upon Occupational Disability Determination Background The City of Roanoke Pension Plan (Plan) is a multi - employer Plan. The Plan covers substantially all full -time regular employees of the City of Roanoke, the Roanoke Regional Airport Commission, and the Roanoke Valley Detention Commission, certain employees of the Roanoke Valley Resource Authority, certain employees of the Western Virginia Water Authority, and certain non - professional City School Board employees. Employees of the City Sheriff's Department are not covered by the Plan. Effective July 1, 2014, all newly hired or rehired Plan members began to share funding of their pension benefit by contributing 5% of their earnable compensation into the Plan. Effective July 1, 2015, all members hired prior to July 1, 2014 began to share funding of their pension benefit by contributing 5% of their earnable compensation into the Plan. Recommendation Adopt an ordinance to amend Section 22.3 -51, Code of the City of Roanoke (1979), as amended, to provide for the return of member contributions in the event the member has applied for and received an occupational disability award. The Internal Revenue Service (IRS) has deemed occupational disability awarded pension benefits as non - taxable. The return of member contribution provides the Plan the ability to appropriately handle the taxability and reporting of these dollars. Respectfully submitted, R. Brian Townsend Acting City Manager c: Council Appointed Officers Sherman M. Stovall, Assistant City Manager R. Brian Townsend, Assistant City Manager Andrea F. Trent, Assistant Director of Finance Michele Vineyard, Director of Human Resources /�?+ Glr lei -arbar A. Damer n Director of Finance Cindy H. Poulton, Clerk Roanoke City School Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40870- 061917 appropriating funding from the Federal and Commonwealth for various educational programs, and amending and reordaining certain sections of the 2016 -2017 School Grant Fund Appropriations. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, Cali J. Cecelia F. McCoy Deputy City Clerk Enclosure c: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron Amelia C. Merchant, Director, Management and Budget cam` 1 Cn CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 - Roanoke, Virginia 24011 -1536 Telephone: (540)8534541 Far: (540)853-1145 STEPBANIE M. MOON REYNOLDS, MMC E -ntail: clerkaioanokeva.gov CHCELIA F. MCCOY ('itp Clrrk Depnl,y City Clerk k CECELIAT. WEBB,CMC June 20, 2017 AW,Nnt Deputy City Clerk Cindy H. Poulton, Clerk Roanoke City School Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40870- 061917 appropriating funding from the Federal and Commonwealth for various educational programs, and amending and reordaining certain sections of the 2016 -2017 School Grant Fund Appropriations. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, Cali J. Cecelia F. McCoy Deputy City Clerk Enclosure c: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron Amelia C. Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40870- 061917. AN ORDINANCE to appropriate funding from the Federal and Commonwealth for various educational programs, amending and reordaining certain sections of the 2016 -2017 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 2016 -2017 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Bonuses 302 - 110 - 0000 - 0230 -327L- 61100- 41660 -3 -01 $ 929 Social Security 302 -110- 0000- 0230 -327L- 61100- 42201 -3 -01 71 Bonuses 302 -110- 0000 - 0270 -327L- 61100- 41660 -3 -01 929 Social Security 302 - 110 - 0000 - 0270 -327L- 61100- 42201 -3 -01 71 Bonuses 302 - 110 - 0000 - 0280 -327L- 61100- 41660 -3 -01 929 Bonuses 302 -110 - 0000 - 0280 -327L- 61100- 41660 -3 -01 929 Social Security 302 - 110- 0000- 0280 -327L- 61100- 42201 -3 -01 71 Social Security 302 -110- 0000 - 0280 -327L- 61100- 42201 -3 -01 294 Bonuses 302 -110 -0000- 0290 -327L- 61100- 41660 -3 -01 1,858 Social Security 302- 110 - 0000 - 0290 - 327L - 61100 - 42201 -3-01 322 Bonuses 302 - 110 -0000- 0390 -327L- 61100- 41660 -3 -01 2,787 Social Security 302 -110- 0000- 0390 -327L- 61100 - 42201 -3 -01 205 Bonuses 302 -110- 0000- 0400 -327L- 61100 - 41660 -3 -01 3,716 Bonuses 302 - 110- 0000- 0400 -327L- 61100 - 41660 -3 -01 4,645 Social Security 302 - 110 -0000- 0400 -327L- 61100- 42201 -3 -01 71 Social Security 302 -110- 0000- 0400 -327L- 61100- 42201 -3 -01 1,173 Bonuses 302 -110- 0000- 1170 -327L- 61100- 41660 -3 -01 929 Social Security 302 -110- 0000- 1170 -327L- 61100 - 41660 -3 -01 71 Supplement 302 -120- 0000 - 0390 -112L- 61100 - 41129 -3 -02 1,000 Supplement 302- 120 - 0000 - 0400 -112L- 61100 - 41129 -3 -02 1,000 Career and Technical Education 302 -170- 3000- 1160 -118L- 61100- 45584 -3 -03 2,681 Equipment Revenues Federal Grant Receipts 302 - 000 - 0000 - 0000 - 112L - 00000 - 38027 - 0 - 00 $ 2,000 Federal Grant Receipts 302 - 000 - 0000 - 0000 - 118L - 00000 - 38048 - 0 - 00 2,681 State Grant Receipts 302 - 110 - 0000 - 0000 - 327L - 00000 - 32400 - 0 - 00 20,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: /� .� }� n.. � 4�2p..'�} City Clerk.` —T Cv'l`j1T' 1� ROANOKE CITY PUBLIC SCHOOLS June 19, 2017 School Board Annette Lewis The Honorable Sherman P. Lea, Sr., Mayor Chairman and Members of Roanoke City Council Lori E. Vaught Roanoke, VA 24011 Vice Chairman Dear Members of Council: Mark K. Cathey William B. Hopkins, Jr. As a result of official School Board action on Tuesday, June 13, Laura D. Rottenborn 2017, the Board respectfully requests that City Council approve the Lutheria H. Smith following appropriation requests: Dick Willis New Appropriations Award Dr. Rita D. Bishop IDEA Part B, Selection 611- Special Education, Superintendent Champions Together 2016 -17 $ 2,000.00 Cindy H. Poulton STEM Teacher Recruitment and Retention Awards Clerk of the Board 2016 -17 $20,000.00 Perkins Reserve Re- allocation Entitlements 2015 -16 $ 2,681.41 On behalf of the School Board, thank you for your consideration. Sincerely, �.- Cindy H. Poulton, Clerk pc Dan Callaghan City Manager's Office Barbara Dameron Annette Lewis Rita D. Bishop Kathleen Jackson Lori Ramey (w /details) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 19, 2017 Subject: School Board Appropriation Requests Background: As the result of official Roanoke City School Board action at its June 13, 2017 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2016 -17 STEM Teacher Recruitment and Retention grant award of $20,000 from the Commonwealth of Virginia is for teachers who have been reassigned from fully accredited schools to hard -to -staff schools or schools that are not fully accredited, or teachers new to the profession. The program will be reimbursed by State funds and will end June 30, 2017. The 2016 -17 Special Education, Champions Together grand award of $2,000 from the Disabilities Education Act, Part B, Section 611 provides funds to help build school communities of acceptance and inclusion by engaging students with and without disabilities in interscholastic sports training and competition at Patrick Henry and William Fleming High Schools. The program will be reimbursed from Federal funds and will end September 30, 2017. The 2015 -16 Perkins Reserve Re- allocation Entitlements has allocated $2,681 to Roanoke City Public Schools to carry out programs that more fully develop academic and technical skills of secondary students who elect to enroll in career and technical education. This program will be reimbursed from Federal funds and will end September 30, 2017. 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. 6a(Ot_ CA Barbara A. Dameron Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Cindy H. Poulton, Clerk Roanoke City School Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40871- 061917 adopting an amendment to the 2017 -2018 School Board Categorical Budget, in order to include adjustments to revenues to match the final budget adopted by the City of Roanoke; and amending and reordaining certain sections of the School General Fund Appropriation. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, &�17 Cecelia F. McCoy Deputy City Clerk Enclosure c: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 TO,h.,,c (540)M -3541 Fax: (540)853 -1145 STEPHANIE. M.MOON REYNOLDS, MM(' E -nmll: clerk(mrwmukevn.kav CF.fF.LIA F. MCCOY fll� Clerk Depnly ( ky (York CECELIA T. WEBB, CMC June 20, 2017 A,0,1.ar Deaab, CBy Cbrk Cindy H. Poulton, Clerk Roanoke City School Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40871- 061917 adopting an amendment to the 2017 -2018 School Board Categorical Budget, in order to include adjustments to revenues to match the final budget adopted by the City of Roanoke; and amending and reordaining certain sections of the School General Fund Appropriation. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, &�17 Cecelia F. McCoy Deputy City Clerk Enclosure c: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40871 - 061917. AN ORDINANCE to adopt an amendment to the 2017 -2018 School Board Categorical Budget, amending and reordaining certain sections of the School General Fund Appropriation and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2017 -2018 School General Fund Appropriation be, and the same are hereby, amended and reordained to read and provide as follows: School General Fund Appropriations ($2,180,000) Revenue 57,500 Fund Balance 2,237,500 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. June 19, 2017 The Honorable Sherman P. Lea, Sr., Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on Tuesday, May 23, 2017, the Board respectfully requests that City Council approve the amendment to the Schools 2017 -18 Categorical Budget as outlined on the enclosed. On behalf of the School Board, thank you for your consideration Siin�cerely, '(J� ` — � {l(,�n,' Cindy H. Poulton Clerk Enclosure pc: Dan Callaghan Rita D. Bishop Brian Townsend Kathleen Jackson Barbara Dameron Annette Lewis ROANOKE CITY PUBLIC SCHOOLS Srhno! Board Annette Lewis Chairman Lori E. Vaught Vice Chairman Mark K. Cathey William B. Hopkins, Jr. Laura D. Rottenborn Lutheria H. Smith Dick Willis Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board ROANOKE CITY PUBLIC SCHOOLS 2017 -18 CATEGORICAL BUDGET REVENUES Revised Category Trial is within General Fund - May 23, 2017 FY 2017 -18 FY 2017 -18 BUDGET BUDGET Adfustments By as Amended Category REVENUE CATEGORY As Approved 3114/17 512312017 STATE 69,704,357 69,704,357 0 STATE SALES TAN 15,138,805 15,138,806 0 OTHERREVENUE 2,020,000 2,020,000 0 TOTAL NON CITY 86,863,163 86,863,163 0 CITY FUNDS 79,554,700 79,592,200 37,500 TOTAL OPERATING REVENUE 166,417,863 166,455,363 37,500 TOTAL ATHLETICS REVENUE 190,000 190,000 0 INTERFUND TRANSFER FROM FOOD SERVICE 300,000 300,000 0 TOTAL GENERAL FUND BEFORE USE OF FUND BALANCE 166,907,863 166,945,363 37,500 FUNDS REQUIRED FROM FUND BALANCE 4,785,496 4,747,996 137,5001 TOTAL GENERAL FUND 171,693,359 171,693,359 0 FOOD SERVICE FUNDS 9,171,955 91171,955 0 FUNDS REQUIRED FROM FUND BALANCE 0 0 0 TOTAL FOOD SERVICE FUND 9,171,955 9,171,955 0 GRAND TOTAL FUNDS 180,865,314 380,865,334 0 To: Honorable Mayor and Members of City Council Meeting: June 19, 2017 Subject: Amendment to the Roanoke City Public Schools (RCPS) FY 2017 -2018 Categorical Budget Background: The City adopted the March 14, 2017 FY 201 7 -201 8 Categorical budget as was presented to the School Board. Subsequent amendments were made by the School Board and on May 23, 2017, the School Board approved an amended RCPS FY 2017 -2018 Categorical Budget for the General Fund. The amendments are as follows: ADOPTED AS 3114117 AMENDED DIFFERENCE CATEGORICAL BUDGET CATEGORICAL ADOPTIAMENDED BUDGET GENERAL FUND REVENUE CATEGORY STATE $ 69,704,357 $ 69,704,357 $ - STATE SALES TAX 15.138,806 15,138,806 OTHER REVENUE 2,000,000 2,020,000 20,000 CITY FUNDS 79,554,700 79,592,200 37,500 ATHLETICS REVENUE 190,000 190,000 - INTERFUND TRANSFER FROM FOOD SERVICE 300,000 300000 TOTAL REVENUES 166,887,863 166,945,363 57,500 EXPENDITURE CATEGORY INSTRUCTION 115,371,727 114,535,981 (835,746) ADMINISTRATION/ATTENDANCE AND HEALTH 14,586,642 13,631,388 (955,254) TRANSPORTATION 11.276,495 11,112495 (164,000) OPERATIONS AND FACILITIES 16,745,265 16,520,265 (225,000) DEBT SERVICE 13,851,931 13,851,931 - ATHLETICS 2,041299 2,041,299 TOTAL EXPENDITURES 173,873,359 171 693,359 (2,180,000) FUND BALANCE $ (6,985,496) $ (4747,996) $ 2,237,500 ADOPTED AS 3 114/17 AMENDED DIFFERENCE CATEGORICAL BUDGET CATEGORICAL ADOPT/ MENDED BUDGET FOOD SERVICE FUND REVENUES $ 9,171955 $ 9,171,955 $ - EXPENDITURES 9,171.955 9,171,955 - Honorable Mayor and Members of Council June 19, 2017 Page 2 Considerations The City of Roanoke budget was adopted after RCPS was required to have the schools budget prepared. RCPS amendments to the schools FY 2017 -2018 categorical budget included adjustments to revenues to match the final budget adopted bythe City of Roanoke as well as additional expenditure reductions. Recommended Action: We recommend that you concur with this report of the School Board and adopt the amendment to the FY 2017 -18 Categorical Budget. Adopt the accompanying budget ordinance to increase revenues, reduce expenditures and adjust the fund balance of the School Board General Fund. tea. 6 ara k Dameron Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS R j E CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 T0,1t.ne: (540)X53 -2541 Ft.: (540)853 -1145 5'1'IJ9IANIE M. MOON REYNOLDS, MMC ....... [' E.('ELIA F. M('('OV Clark Depw, ('11, Ckrk ('ECELIA T. WEBB, CMC June 20, 2017 ANtiMnn[ Depn 1,V Clly Clerk Cindy H. Poulton, Clerk Roanoke City School Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40872 - 061917 appropriating funding from remaining capital project funds, in connection with construction of a new gymnasium at Hurt Park Elementary School; and amending and reordaining certain sections of the 2016 -2017 School Capital Project Fund Appropriations. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure c: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40872 - 061917. AN ORDINANCE to appropriate funding from remaining capital project funds, amending and reordaining certain sections of the 2016 -2017 School Capital Project 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 2016 -2017 School Capital Project Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriation from 2017 Bond Funds Appropriation from General Revenue Appropriation from 2017 Bond Funds Appropriation from General Revenue Appropriation from 2017 Bond Funds Appropriation from 2017 Bond Funds Revenues VPSA Bonds — WFHS — Non - Subsidized 31- 065 - 6086 -9385 139,207 31- 065 - 6087 -9003 266,945 31- 065 -6087 -9385 747,930 31- 065- 6035 -9003 (945) 31- 065 - 6043 -9385 (154,665) 31- 065 - 6082 -9385 (732,472) 31- 065 - 6070 -6071 266,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: jet q City Clerk U Meeting: June 19, 2017 Subject: School Board Appropriation Request for Hurt Park Gymnasium Background: At a special meeting on May 23, 2017, Roanoke City School Board voted to build a gymnasium at Hurt Park Elementary School. The gymnasium will be financed by utilizing remaining capital project funds from closed school projects and remaining interest subsidy dollars from the William Fleming High School project. The new gymnasium will address the current lack of space for physical education classes, address safety concerns, and provide health benefits for students. The gymnasium will create a better environment for students to engage in physical activity, which not only benefits students' physical health and fitness, but also enables them to expend energy and be better prepared to focus during academic lessons. Considerations: Funding of $997,692 is available from the Lighting Replacement, Virginia Heights HVAC, and Round Hill Expansion projects and interest subsidy dollars. This will provide RCPS the necessary flexibility to proceed with building the new gymnasium for Hurt Park Elementary. 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. '", � , t Barbara '. Dameron Director of Finance Distribution: Council Appointed Officers ' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W, Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail: elerk @roauokeva.gor CECELIA F. MCCOY City Clerk Deputy City Clerk August 28, 2017 REVISED Daniel J. Callaghan City Attorney Roanoke, Virginia Dear Mr. Callaghan: CECELIA T. W EBB, CMC Assistant Deputy City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 19, 2017, with regards to an ordinance amending Section 32 -239, Definitions, of Article X, Transient Occupancy Tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979) as amended, to include 'bed and breakfast', "homestay establishments', and "short -term rental', as those terms are defined in Appendix A of Chapter 36.2, Zoning, for purposes of applicability of the transient occupancy tax. The matter was tabled. Sincerely, Cecelia McCoy Deputy City Clerk c: The Honorable Evelyn Powers, Treasurer The Honorable Sherman A. Holland, Commissioner of the Revenue R. Brian Townsend, Acting City Manager Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director of Management and Budget ANNOUNCEMENT OF DAVID B. TRINKLE, CHAIR, PERSONNEL COMMITTEE June 19, 2017 City Council is prepared to begin interviews of candidates for the position of City Manager. Pursuant to Section 2.2 -3712 B. of the Code of Virginia, the notice provisions of the Virginia Freedom of Information Act do not apply to closed meetings of City Council held solely for the purpose of interviewing candidates for the position of Chief Administrative Officer. In accordance with Section 2.2 -3712 B. of the Code of Virginia, I announce on behalf of City Council that a closed meeting will be held at an undisclosed location within fifteen (15) days of today, June 19, 2017, for the sole purpose of interviewing candidates for the position of City Manager. OFFICE OF THE CITY CLERK NOFLC TAYWR MUNICIPAI. BUILDING 215 CHURCH AVENUE, 5 W. SUHE456 ROANOKE, VIRGDHA 24011 CV UsersVCKCTIApp Data ALpeahTeropArotesEI EF34ANNOUNCEM ENT OF DAVID B. doe 6 /19/17 IN THE COUNCIL OF THE CITY OF ROANO %E, VIRGINIA, The 19th day of June, 2017. No. 40873 - 061917. A RESOLUTION recognizing and applauding the achievements of Allyson Courtney Hart in being crowned Ms. Wheelchair Virginia for 1017 - 2018. WHEREAS, Ms. Wheelchair Virginia, a tax - exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code, is a state -wide organization dedicated to its mission of educating, advocating, and raising awareness of the abilities and needs of people with disabilities in order to influence attitudinal, architectural, and social change far all Virginians; WHEREAS, Ms. Wheelchair Virginia seeks to inspire and motivate Virginians to be role models of courage and hope; WHEREAS, Ms. Wheelchair Virginia has held an annual pageant for several years to award the title Ms. Wheelchair Virginia" to an accomplished and articulate spokesperson for all Virginians; WHEREAS, on March 25, 2017, Ms. Wheelchair Virginia crowned Leila Dunning as Ms. Wheelchair Virginia 2017 - 2018 and Allyson Courtney Han of Roanoke, as First Runner -Up; WHEREAS, Ms. Wheelchair Virginia recently crowned Allyson Courtney Hart as Ms. Wheelchair Virginia 2017 - 2018 to succeed Ms. Dunning who was unable to fulfill the commitments associated with the recognition due to scheduling conflicts; WHEREAS, Allyson Courtney Hart epitomizes the character, courage, and commitment sought by Ms. Wheelchair Virginia through her volunteer work in the Unlimited Potential in Christ Regardless of Ability Program that assists children with special needs, her platform of advocacy: "Never stop going for the goal and don't be limited by what you can't do;" and her .studies at Virginia Western Community College; WHEREAS, Allyson Courtney Hart accepted her title with enthusiasm, tenacity, and confidence in what she can do for Ms. Wheelchair Virginia and all Virginians; WHEREAS, Allyson Courtney Hart will represent the Commonwealth of Virginia in the Ms. Wheelchair America competition that will be held in Erie, Pennsylvania, August 14, 2017 through August 20, 2017, WHEREAS, Allyson Courtney Hart will be a wonderful and inspirational ambassador for all Virginians at the national competition and during her reign as Ms. Wheelchair Virginia 2017-2018. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that 1. City Council recognizes and applauds the achievements of Allyson Courtney Hart throughout her life and now in being crowned Ms. Wheelchair Virginia 1017 -1018 as recognition of her commitment to advocate, inspire, and motivate all Virginians with disabilities. Z. City Council offers its best wishes to Allyson Courtney Hart in the competition for Ms. Wheelchair America later this summer in Erie, Pennsylvania, with the full acknowledgement that Allyson is already a winner by living her motto: Independence Overcomes Disability. 3. City Council directs the City Clerk to provide Allyson Courtney Hart with an attested copy of this Resolution. �k- Sherman P. Lea, Sr. Mayor Attest. Cecelia R McCoy Deputy City Clerk o� o`er i CITY OF ROANOKE OFFICE OF THE CITY CLERK _ 215 C'hnrch Avenue, S. W., Room 456 _ Rmmoke, Vhginin 24011-1536 '1 ele,1, , (540)8534541 Fnx: (5411)85 }1145 9'ri ;PIIANIEM. MOON IZFVNOI,DS, MM(. E-ee l: elerk(n roxnnkeva.A °v ('ECEI.IA F. MCCOV 01, ('lerk Depnlp ('ily Clerk June 20, 2017 ('EC ELIA T. WEDB, CM(' Assisnmf Deyuly City Clerk Eric L. and Patti J. Mills 511 7" Street, S. W. Roanoke, Virginia 24016 Dear Mr. and Mrs. Mills: I am enclosing a copy of Ordinance No. 40874 - 061917 permanently vacating, discontinuing and closing an approximately 60 foot portion of alleyway located between and running generally parallel with 7th Street and 8th Street, S. W., north of Marshall Avenue, S. W., and between and adjacent to the entire westerly side of Official Tax Map No. 1113209, and a portion of the easterly side of Official Tax Map No. 1113210. Prior to receiving all required approvals of the subdivision plat referenced in the abovementioned Ordinance, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of $954.00 as consideration, pursuant to §15.2 -2008, Code of Virginia (1950), as amended, for the vacation of the public's right to use such right -of -way, or in lieu of making such payment, the applicant may dedicate to the City of Roanoke a portion of Official Tax Map No. 1113209, such lot being owned by the applicant, approximately 1 to 2 feet in width and extending approximately 97 feet along the entire southern boundary of Official Tax Map No. 1113209, the extent and location of such dedication to be acceptable to the Acting City Manager, the City Manager for the City of Roanoke, or such person's designee. Furthermore, the applicant shall, upon a certified copy of Ordinance No. 40874 - 061917 being recorded by the Clerk of the Circuit Court of the City of Roanoke, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke the Clerk's receipt, demonstrating that such recordation has occurred; and if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. /SSiiin'`�ceereelly, Cecelia F. McCoy U Deputy City Clerk Enclosure Eric L. and Patti J. Mills June 20, 2017 Page 2 c: 515 8th Street, LLC, P. O. Box 586, Roanoke, Virginia 24004 New Legacy Partners, LLC, 4010 Millcreek Drive, Annandale, Virginia 22003 Local Office on Aging, Inc., P. O. Box 14205, Roanoke, Virginia 24038 Norma Uchizono Rachel Revocable Trust, 423 7" Street, S. W., Roanoke, Virginia 24016 Robert Lee, Jr. and Peggy F. Wade, P. O. Box 3358, Roanoke, Virginia 24015- 1358 William Taylor Stone, 4086 Bluebird Lane, Salem, Virginia 24153 Rebuilding Together Roanoke, Inc., P. O. Box 4532, Roanoke, Virginia 24015- 0532 James A. Schlueter, 2606 Bexley Park Road, Columbus, Ohio 43209 -2125 Douglas F. Turner, 545 Highland Avenue, S. W., Roanoke, Virginia 24016 Tammy Britt Rental Properties, LLC, 502 King George Avenue, S. W., Roanoke, Virginia 24014 Phoenix Holding, LLC, 512 McDonald Drive, Vinton, Virginia 24179 Kazim Temple Corporation, 628 Campbell Avenue, S. W., Roanoke, Virginia 24016 Marcy L. Ryan, 701 Marshall Avenue, S. W., Roanoke, Virginia 24016 The Honorable Evelyn Powers, Treasurer R. Brian Townsend, City Manager Susan S. Lower, Director of Real Estate Valuation Luke E. Pugh, P.E., City Engineer Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Tina M. Carr, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40874 - 061917. AN ORDINANCE permanently vacating, discontinuing and closing a public right -of -way in the City of Roanoke located between and running generally parallel with 7th Street, S.W., and 8th Street, S.W., and north of Marshall Avenue, S.W., as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Eric L. Mills and Patti J. Mills filed an application with the Council of the City of Roanoke, Virginia ( "City Council "), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right -of -way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on June 19, 2017, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right -of -way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right- of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right -of -way situated in the City of Roanoke, Virginia, and more particularly described as follows: an approximately 60 foot portion of alleyway located between and running generally parallel with 7th Street, S.W., and Sth Street, S.W., north of Marshall Avenue, S.W., and between and adjacent to the entire westerly side of Official Tax Map No. 1113209, and a portion of the easterly side of Official Tax Map No. 1113210 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the right -of -way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas, telephone service, or stormwater, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, stormwater facilities, and related facilities that may now be located in or across such public right -of -way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the casement which impede access for maintenance or replacement purposes at the time such work is undertaken; such CaSeau a or easements to terminate upon the later abandonment 9 of use or permanent removal from the above - described public right -of -way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right -of -way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right -of -way. BE IT FURTHER ORDAINED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of nine hundred fifty -four dollars and no cents ($954.00) as consideration pursuant to §15.2 -2008, Code of Virginia (1950), as amended, for the vacation of the public's right to use such right -of- way, or in lien of making such payment, the applicant may dedicate to the City of Roanoke a portion of Official Tax Map No. 1113209, such lot being owned by the applicant, approximately 1 to 2 feel in width and extending approximately 97 feel along the entire southern boundary of Official Tax Map No. 1113209, the extent and location of such dedication to be acceptable to the Acting City Manager, the City Manager for the City of Roanoke, or such person's designee. BE IT FURTHER ORDAINED that the applicant shall, upon meeting rill other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where 3 deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 0 1, e f-�epa� City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 19, 2017 Subject: Application from Eric L. and Patti J. Mills to vacate an approximately 60 foot portion of alleyway located between and running generally parallel with 7th Street, S.W., and 8th Street, S.W., and generally north of Marshall Avenue, S.W., with the portion to be vacated between and adjacent to the entire westerly side of Official Tax Map No. 1113209, and a portion of the easterly side of Official Tax Map No. 111 3210. Recommendation The Planning Commission held a public hearing on Monday, June 12, 2017. By a vote of 5 -0, the Commission recommended approval of the vacation of right -of- way as requested, contingent upon the following conditions: The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right -of -way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right -of -way, including the right of ingress and egress. In coordination with the vacation, the applicant will pay $954 for the vacation of the public's right to use the portion of the subject right of way, or the City will waive such cost in exchange for the dedication to the City of Roanoke of a portion of Official Tax Map No. 1113209, such lot being owned by the applicant, approximately 1 to 2 feet in width and extending approximately 97 feet along the entire southern boundary of Official Tax Map No. 11 13209, the extent and location of such dedication to be acceptable to the Acting City Manager for the City of Roanoke. The area subject to dedication is currently graded and utilized as a portion of the existing alley running between 7th St., S.W., and 8" St., S.W., and the transfer of the dedicated area is in the best interests of the general public as it would expand this public right of way. City Council Agenda Report June 13, 2017 Page 2 of 5 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 one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. Application Information Request: Alley Vacation Owner: Eric and Patti Mills Applicant: Eric and Patti Mills City Staff Person: Wayne Leftwich Official Tax Nos. of surrounding properties 1113209, 11 13210 Site Area: Approximately 60 feet in length Existing Zoning: MX -Mixed Use & RM -1 Proposed Zoning: MX -Mixed Use & RM -1 Existing Land Use: Residential Proposed Land Use: Residential Neighborhood Plan: Old Southwest Neighborhood Plan & West End Neighborhood Plan Specified Future Land Use: Single Family & Downtown Development - Residential & Commercial Filing Dater_ A ril 23, 2017 Background The applicant seeks to vacate an approximately 60 foot portion of alleyway located between and running parallel with 7th Street, S.W., and 8th Street, S.W., being vacated north of Marshall Avenue, S.W., with the portion to be vacated between and adjacent to the entire westerly side of Official Tax Map No. 11 13209, and a portion of the easterly side of Official Tax Map No. 1113210. City Council Agenda Report June 13, 2017 Page 3 of 5 The applicant is seeking vacation in order to add additional backyard space and off - street parking if needed. Considerations The applicant, Eric and Patti Mills, as one of the adjacent property owners to the proposed vacated right of way, seeks to obtain ownership of the entirety of the vacated portion of alley and the owner of the other adjacent property, Official Tax Map No. 1113210, has submitted a letter of support along with the application. The vacated alley may either be purchased from the City for $954 or the fee waived with the dedication of property. The potential property dedication would be a valuable public improvement, as it was discovered in surveying the property that the alley running perpendicular to 71' St., S.W., and 8`" St., S.W., is built on some of the applicant's property, Official Tax Map No. 113209, and the property on other side of the alley, Official Tax Map No. 11 321 9 has an accessory building that encroaches into the alley 1 to 2 feet. The dedication of the applicant's property, which is currently being used as alley, would allow this alleyway to remain open and functional and thereby create a public improvement. The City would therefore defer the evaluated cost of the alley proposed to be vacated if the applicants were to create this public improvement through the dedication of the approximate 1 to 2 feet width of their property extending approximately 97 feet along the entire southern boundary of the applicant's property, Official Tax Map No. 1113209. Surrounding Zoning and Land Use: Conformity with the Comprehensive Plan and Neighborhood Plan: The City's Comprehensive Plan encourages the revitalization of historic properties and encourages residential development in the Downtown neighborhood, but it also discusses the importance of alleys in traditional neighborhood design, stating that they should serve rear access garages and parking areas. The Old Southwest Neighborhood Plan specifically discusses existing alleys as important assets to the neighborhood and an important part of Old Southwest's traditional neighborhood design. It further states, "Alleys that are part of the original grid street pattern should be preserved." The proposed portion of alley to be vacated is undeveloped and has not been an Zoning District Land Use North MX Mixed Use Residential South RM -1 Residential Mixed Density Residential East Downtown Institutional /Residential West Downtown Commercial /Residential Conformity with the Comprehensive Plan and Neighborhood Plan: The City's Comprehensive Plan encourages the revitalization of historic properties and encourages residential development in the Downtown neighborhood, but it also discusses the importance of alleys in traditional neighborhood design, stating that they should serve rear access garages and parking areas. The Old Southwest Neighborhood Plan specifically discusses existing alleys as important assets to the neighborhood and an important part of Old Southwest's traditional neighborhood design. It further states, "Alleys that are part of the original grid street pattern should be preserved." The proposed portion of alley to be vacated is undeveloped and has not been an City Council Agenda Report June 13, 2017 Page 4 of 5 active part of the original grid street pattern, and therefore the application seems to be supportive of both the Comprehensive Plan and Neighborhood Plans. Public Utilities: Cox Cable approved, stating they do not have anything in the rear of the building. Western Virginia Water Authority approved. City Department Comments: The Fire Department approved, stating that closure of this portion of the alley will have no impact on fire protection. Stormwater has no objection to alley closure. Planning Commission Work Session: The Commission seemed to generally feel that the currently proposed vacation was a better situation than the previous vacation request. The only question was wouldn't the City prefer to vacate the entire length of this unimproved alley. Staff stated that they would easily recommend the vacation of the remaining portion of alley, but that would require involvement form the property owners adjacent to that remaining length of alley. Also, the vacation of this portion of alley does not leave the remaining alley inaccessible, as there is alley access for that stretch from 8th Street SW. Public Comments: Staff has received no public comments. Planning Commission Public Hearing: Mr. Hale asked staff to clarify the first condition regarding the recommended fee for the right -of -way or waiving of the fee if the property owners dedicate a portion of the intersecting alley to the City. Specifically Mr. Hale asked if the Commission was being asked to decide which course of action. Mr. Shaw clarified that the applicant could chose to pay the fee or dedicate a portion of the adjacent alley and have the fee waived. Conclusion The Application is consistent with the City's Comprehensive Plan and both the Old Southwest Neighborhood Plan and the West End Neighborhood Plan. City Council Agenda Report June 13, 2017 At,/ M 140-0 l arnl° Kermit Hale, Chair City Planning Commission R. Brian Townsend, Acting City Manager Chris Chittum, Director of Planning Building & Development Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Eric and Patti Mills Attachments Page 5 of 5 111WPPPP1w11w1 APPLICATION STREET OR ALLEY VACATION ROANOKE RECEIVED MAY 0 9 2017 Date: May9.2012 CITY OF ROANOKE PLANNING BUILDING 8 To: Office of the City Clerk DEVELOPMENT ❑ Original Application Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. ■ Amended Application Roanoke, VA 24011 No 1 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: Location and description of street or alley to be closed: unused oeadendaleMay between Parcel 1113210 and Panel 1113209 Total - 60 Ft -n Length (See AttacbM Aerial Photo with Nghlighted Area of Alley to be Vacated PmWJed by Mr. Wayne Leftwich Proposed use of Vacated street or alley: We plan to use this va cated alley for additbnai back yaN space and off street yafing it needed We met in person astir Wayne Leftwich and communicatetl To him by phone and a -mans in reference 0 this request. Also induced with This application is a Iarar of support room the adjacent property owner Name of Applicant/Contact Person: Eric L a Pam d. Mills Mailing Address. 611 71h at s W, Roanoke VA 24016 Telephone. ( ) 6405/0/692 Applicant(s) signature(s). Fax: ( ) E -mail: omlls 4l @aamm RECEIVED APR 25 2017 V kr' ,�� APPLICATION PLANNING BIIAI DIINGB STREET OR ALLEY VACATIduPMENT ROANOKE Date: April23,2017 To: Office of the City Clerk a Original Application Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. ❑ Amended Application Roanoke, VA 24011 No' — Phone: (540) 853 -2541 Fax: (540) 853 -1145 All submittals must be typed and include all required documentation and a check for the Cling fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: unused oeeaend Nla"ay between Parwl 1113210 am Parcel 11132og. Totaf Area is 540.84 Sq FL Total Perimeter Is 141 W Ft. (See Attached Aerial Photo with Highlighted Area of Alley to be Vareted, Provided by Mn Wayne Leftwich. Senior City Planner, Cily of Roanoke) Proposed use of vacated street or alley: We plan to use this vacated alley for additional back yam seem and off -street parking if needed. We met in person with Wayne Leftwich and communicated m him by phone and a -mails in reference to this request. Also Included with this application is a letter of support from the adjacent property owner. Name of Applicant/Contact Person: snc L. a Pam J. Mnla Mailing Address: 511 701 SL, S.W., Roanoke, VA. 24016 Telephone: ( ) 540- 580 -1692 Fax: ( ) E -mail emius411 @aol.com Applicant(s) signature(s): M l ;� � e Renovation alliance RESTORING HOMES • LIVES - COMMUNITIES March 27, 2017 Mr. and Mrs. Eric Mills 511 71h Street, SW Roanoke, VA 24016 To Whom It May Concern, As the Owner of parcel 1113210, Rebuilding Together Roanoke (now Renovation Alliance) is supportive of the vacation of the unfinished alleyway between parcel 1113210 and parcel 1113209 and purchase in whole of said alleyway by Eric and Patti Mills (owners of parcel 1113209). Sincerely, (Xo' V Ellie Rigby Executive Director Renovation Alliance STEPHANIE M. MOON REYNOLDS, MARC Ciry Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -3541 Fn: (540)853 -1145 E -mail: clerk@roanokeva.gov May 18, 2017 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: CECELIA F. MCCOV Deputy City Clerk CECELIA T. VIEBB, CMC Assistant Deputy Ciry Clerk RECEIVED MAY 19 2917 CITY OF ROANOKE PLANNING BUILDING & DEVELOPMENT Pursuant to Chapter 30 — Streets and Sidewalks, Article I, Section 30 -14 — Procedure for altering or vacating city streets or alleys, fees therefor, Code of the City of Roanoke (1979), as amended, I am attaching a copy of an Amended Application for Street or Alley Vacation received in the City Clerk's Office on May 10, 2017, from Eric L. and Patti J. Mills requesting that the unused dead -end alley located between Official Tax Map Nos. 1113210 and 1113209, total 60 feet in length, be vacated, discontinued and closed. Sincerely, 'J Cecelia F. McCoy Deputy City Clerk Enclosure PC: The Honorable Mayor and Members of the Roanoke City Council Susan S. Lower, Director, Real Estate Valuation Luke E. Pugh, P.E., City Engineer Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney ALLEY 7TH AND 8TH Zoning Map x i . . . .� � }/ % � \«.2 \ i ? ' � �\ � � �a7�s ; \ ] rfs .. � � \: � .� : . . . . . - « ,, ..� \ ` . .a±y . : ' .� ^ 2� z � \ », � �, y • � \, < <� \ « :� � , # � ©�� �* ^® � ~ ^ ~� - r�- - :. � Cw« w� y . :� e . : � - � � . �� { » �. ^�� {& \,� *. . .� � w �. � / .y \ Wig: . »_ .� � . � ;�° ; � 2 :; � \\ ' ? � . : � � �: .; � � «� .. &w \� z2� . �, d� «� . � �- a° ��r =4� . �� ^� , yrs #«� rfs .. � � \: � .� : . . . . . - « ,, ..� \ ` . .a±y . : ' .� ^ 2� z � \ », � �, y • � \, < <� \ « :� � , # � ©�� �* ^® � ~ ^ ~� - r�- - :. � Cw« w� y . :� e . : � - � � . �� { » �. ^�� {& \,� *. . .� � w �. � / .y \ Wig: . »_ .� � . � ;�° ; � 2 :; � \\ ' ? � . : � � �: .; � � «� .. &w \� z2� . �, d� «� . � �- a° ��r =4� . �� ^� , TStTTW ET NOC LT The Roanoke Times Account Number Roanoke, Virginia 6011439 Affidavit of Publication CITY OF ROANOKE —PB4 Atlrt'�ine-M6an STEPHANIE MOON. CITY CLERK 215 CHURCH AVE. SW SUITE 456 ROANOKE. VA24011 Dale June 06, 2017 Date Category Description Ad Soa Total Cost 06/06/2017 Legal Notices PUBLIC HEARING NOTICE Any Pabllc headngS adveMsed he 1x161L 1.536.32 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE An was published in said newspapers on the following dales: 0530. 06/0612019 The First insertion being given ... 0513012017 Newspaper reference: 0000541751 Sworn to and subscribed before me this Tuesday, June 6, 2017 Notary Public State of Virginia City /County of Roanoke 3o tr1 My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU 1111,," "'K" IWfq(J1;�, A 0000 o b, mne:c G �rARY PUew PUBLIC HEARING NOTICE A.. plhae n p ads' It, h' is '1 II be Is in the City Crunch Chamber)foutln Flpoq Boom 458, Net C seven Municipal Building. 215 C hunch Avenue. SW.. Roanoke. Yryinii Any aplile, buns Pill br- v Tame for front, In the Planning. Bulldog. R Bemlopment o(ber first boor. RCUm 16¢ 215 Cbrnnr A',,J 5do B ddl IfLVnifulto Thu Cit, of BCnnoke Plannng Clovmssrrr win belt public desire, no June 11. 2015_ at lab P of ur a; c,osIs sop r,J may be heart be mermese appki . area r ad in fronn Eric I art pate 1 If III to ,,,are an spot,, 1111, `1, 60 foul porton of stil y located denmen ant running parallel with (in Street. S. W. and Bill St met 5 W being waled notlh If Marshall Avenue. 5, W.. with do pntlion to be vacated Lehr. and adjacent to the enlim esb,rly up, of Official Tar Map No IIIRd9.and a portion or Joe east, or III" If offival To, Map N I It 1410. Alish, Bwr hr liltR 11 c ant Ion" , Smra,, LLc IC Lesson me proomnes It nM. 2129. . am 2137 Baln Avenue SE, bearing Cfhdal Tax Map any 41k1209, 4II1217 - 91v8d ar 43le06. mspceflvelr. from MIND Mined use 11 anpetl unit Brvempmr, Dialect. and I t tight lnd�an dl Disltiies with cmtliernS. b: M%nse . and m a me Ime off plan. The apardar -riJc repealing at nnrntmns. ssb solutions a amnlopIn, mu p.r If it I1r• arbq I,Ml -I roan, .vi n d elf1 11 fill.. d Tlinlleng pro CI We SolIor(I tl portion of tM or l'fI f t f hI 1 wwr d, mN. tl aI _'gi st, toe n h him a soil fo oily want, reM1 xss e.lablshmer, not rboreta, Mont fins cial ms[ifpllon'. laboratory. carbon. ruGrer I optical. I general o p fcssionLI H a, general pmfissirnd large ,eats'. Apde ,ullimedia pmd"d 1 facty, bakery. rnmrnrnary .miss rood ,)ItIt, n orIII, defile sreplil, ¢Ir ,id,1 ,I 0.g`neral %5p finds aIni -11 Ifnfal Yn IIGr, pith wIIc" .citeo p =nib -. us, s, , la mean h es �n9 ten Iarmtr, pick up ;[ebbs general 't'll "shmenc not othL all Ilste,r'tnemd sales Ling mishment n Ib se list tl L 9 111- t. e o C and tl k g 't ill e_ nd fit, tl_IIT;msem l rmcs ire rt st l'. unpI g J, eduat ranbloc business scnpM It ni nun sit at bade vapor; oust office. parkin,, ,It t, TS Ldistributi r ,In,en n bas,. tdecommnnlcaded, if lity. St,, rith addNllunl I, .aonns: and ace ss nototh wise listed m th, fact, ie „s'anti p categories prtmltted rn IbeMKPOD tictfor orrect I accommodations and group living'. ,reholslog and Nstiibullon. embh and I deetlainm n uf. plotI. I.Alluliood, and rmlty facilities: Iransportiden utility. agricultural antl wlfn denaty c ifss um rn,mnlg gnu h, 1 n1p opresi milt ar I,L ICf a Tho ousts, f a plan desig zee, Ibe butdr, note v,prif, oenter Iantl a e, but does not it offf cosay. Idea fornmeri f of m1 or I pined, claiso.rner m bewties „w� %ousr ,.,rage racilum u�t, MsInn S rrlarn flu Lran,mg Gp Council will hold public bearings n the ad,said collection, on June 19. 2815, al 100 p m.. or as soon as the drafters mod be beard Ails per 'old a disability scene rig any �prial accnmmodatlo to attentl rr participate In fba hacards slooll mnlaq No Cify 11, rk's Cffim nt 15401 ter 2511 at least is rlafi poor I dr >.Il ICI rno, Srrpnanc IA ghee R.y +ctrl. Mid,L ❑e, Cress 6ne IIt, rt an,, L 2narI at Zunleg Ads, Is I le Ili I,If dge bearings p lime H, 2017 nt 1 ob pm_ e, ns ., men _ , m, 11,it lsnr ILI Ismerin II application;: earnab,n Led by momac Bamm ter elseed, Iurat Iat241 cologne Rua'.I S.w. b 1 ory - a om1 n c. C,. Center 0.11 a nasal prince 2 Is r In cephon ppouam n ro.r Tr er2.l.ao -c,d. , tb. ulIIIIIs r1929,.1 ,nisi V. N' Ili +tons drinker, labs n b r d . dJ.neL dish¢t Atli1” 51 1, 1111111 V III, r pr p.rt crated al 1111 Adair. seeII S.W. brminC ord,11 lay Nn. 1 tDiel CA, O,mll,fell 4wgbdo n,lul co �_ na. (II a special lcepl t1 1 '. 1115. greet, 1 In Ids rf RIli 1I"I a l,nenI to, r ml' a od eating sdrinkin8 eslapl,lispnwr 1. ab IoN, I r ,;liltpsi dLPtl cup, It 1 111. b, e.'., Pelt . . AlIagIeI, In per p,nnreis I, If. Ier 4005 Mrlras 9',eno N.W., oror ofrcml r n 2161322. bed ca 1 and e f r c p_Ilrl pt p ant s a,0 n 16.2.111 z e Cf a ite of R cnvk 19 Mrl to 0,1to i -Ir ,y•auGt, T or ..r.. Cv n.ar'I cl Z r'h1Vpr d PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any applications will be available for review in the Planning, Building, & Development office, first floor, Room 166,215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold public hearings on June 12, 2017, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application from Eric L. and Patti J. Mills to vacate an approximately 60 foot portion of alleyway located between and running parallel with 7th Street, S.W., and 8th Street, S.W., being vacated north of Marshall Avenue, S.W., with the portion to be vacated between and adjacent to the entire westerly side of Official Tax Map No. 1113209, and a portion of the easterly side of Official Tax Map No. 1113210. Application by JETR, LLC and Parkside Storage, LLC to rezone the properties at 2125, 2129, 2133, and 2137 Dale Avenue, S.E., bearing Official Tax Map Nos. 4311209, 4311207, 4311208, and 4311206, respectively, from MXPUD, Mixed Use Planned Unit Development District, and I- 1, Light Industrial District, with conditions, to MXPUD, and to amend the PUD plan. The application includes repealing all conditions, such conditions are (1) developing the properties in substantial conformance with a development plan; and (2) limiting uses of the specified I -1 portion of the properties to warehouse, limited to multiple individual rental storage units which are accessed from only within the warehouse; business service establishment, not otherwise listed; financial institution; laboratory, dental, medical, or optical; office, general or professional; office, general or professional, large scale; studio /multimedia production facility; bakery, confectionary, or similar food production facility; building supplies and materials, retail; contractor or tradesman's shop, general or special trade; motor vehicle rental establishment with or without inventory onsite, only as an accessory use to the warehouse use; dry cleaning and laundry pick up station; general service establishment, not otherwise listed; retail sales establishment, not otherwise listed; eating establishment, eating and drinking establishment not abutting a residential district; health and fitness center; artist studio; community garden; educational facilities, business school or nonindustrial trade school; post office; puking, off -site; utility distribution or collection basic; wireless telecommunications facility, stealth; agricultural operations; and accessory uses, not otherwise listed in the table. The land use categories permitted in the MXPUD District include residential; accommodations and group living; commercial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for village center land use, but does not specify density. The proposed use of the properties is a commercial center to include two warehouse storage facilities. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on June 19, 2017, at 7:00 p.m., or as soon as the matters may be heard. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled hearings. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on June 14, 2017, at 1:00 p.m., or as soon as the matters may be heard, to consider these applications: Application filed by Thomas Hamill for property located at 2406 Franklin Road, S.W., bearing Official Tax No. 1150204, zoned CG, Commercial General District, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to permit an eating and drinking establishment, abutting a residential district. Application filed by Steven and Joanne Villers for property located at 1 116 Main Street, S.W., bearing Official Tax No. 1130107, zoned CN, Commercial Neighborhood District, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to permit an eating and drinking establishment, abutting a residential district. Application filed by Ben Crew, Balzer & Associates, Inc., for property located at 4005 Melrose Avenue, N.W., bearing Official Tax No. 2761322, zoned CN, Commercial Neighborhood, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to permit a drive-through facility. Tina M. Can, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, May 30, 2017, and Tuesday, June 6, 2017. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Board of Zoning Appeals Secretary to the Planning Commission Planning Coordinator Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1330 tina.cm@roanokeva.gov Please send affidavit of publication to Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 Eric L. and Patti J. Mills 511 7" Street, S. W. Roanoke, Virginia 24016 Dear Mr. and Mrs. Mills: A public hearing has been advertised to be heard by the City Planning Commission on Monday, June 12, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding your request to vacate an approximately 60 -foot portion of alleyway located between and running parallel with 7th Street and 8th Street, being vacated north of Marshall Avenue, S.W., with the portion to be vacated between and adjacent to the entire westerly side of Official Tax Map No. 1113209; and a portion of the easterly side of Official Tax Map No. 1113210. (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 Monday, June 19, 2017 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under 'Roanoke Planning Commission News ", following its meeting on 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, Cam, 3. `SR,-e-- t Cecelia F. McCoy Deputy City Clerk Enclosure CITY OF ROANOKE e OFFICE OF THE CITY CLERK 215 Church Avenue, 5. R., Room 456 Roanoke, Virginia 24011 -1536 I clehhonc (5111) %53 -2541 Fa,: (540)853 -1145 SIEYH, \NIF \1. MOON HEINOLDS \I, \IC flmniL dcrkC rwumke•x.gor CLCFAA %F.k1(CO\' ('in ('1,,k Deputy City Clerk June 1, 2017 CLCELIA I. NBHD.. CNIC Xs %ktano Depm% City ('lerk Eric L. and Patti J. Mills 511 7" Street, S. W. Roanoke, Virginia 24016 Dear Mr. and Mrs. Mills: A public hearing has been advertised to be heard by the City Planning Commission on Monday, June 12, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding your request to vacate an approximately 60 -foot portion of alleyway located between and running parallel with 7th Street and 8th Street, being vacated north of Marshall Avenue, S.W., with the portion to be vacated between and adjacent to the entire westerly side of Official Tax Map No. 1113209; and a portion of the easterly side of Official Tax Map No. 1113210. (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 Monday, June 19, 2017 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under 'Roanoke Planning Commission News ", following its meeting on 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, Cam, 3. `SR,-e-- t Cecelia F. McCoy Deputy City Clerk Enclosure �e_A c5 i CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A3 -enue, S. N'., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (£40)853 -2541 Fac (540)853 -1145 STEPH 0 1 %L Not ON BE OLDS, 01 M(. H E- n,ail: clerk /a roanokem.Kne ('U ELLA F. MQ 01 ( in ('Ierk Depto, Lit, ( WC k June 1, 2017 E( ELI A T. I \' EBB, (' \IC' Assistant Dcpno ('it] ( kA 515 8th Street, LLC Rebuilding Together Roanoke, Inc. New Legacy Partners, LLC James A. Schlueter Local Office on Aging, Inc. Douglas F. Turner Norma Uchizono Rachel Revocable Trust Tammy Britt Rental Properties, LLC Robert Lee, Jr. and Peggy F. Wade Phoenix Holding, LLC William Taylor Stone Kazim Temple Corporation Eric Lynn Mills Marcy L. Ryan Ladies and Gentlemen: A public hearing has been advertised to be heard by the City Planning Commission on Monday, June 12, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request to vacate an approximately 60 foot portion of alleyway located between and running parallel with 7" Street and 8th Street, being vacated north of Marshall Avenue, with the portion to be vacated between and adjacent to the entire westerly side of Official Tax Map No. 1113209; and a portion of the easterly side of Official Tax Map No. 1113210. (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 Monday, June 19, 2017 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News', following its meeting on June 12. 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 Deputy City Clerk Enclosure Q"3 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Far. (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail: clerk@roanokeva.gov CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. WEHE, CMC May 18, 2017 Assistant Deputy Che Clerk Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: Pursuant to Chapter 30 — Streets and Sidewalks, Article 1, Section 30 -14 — Procedure for altering or vacating city streets or alleys, fees therefor, Code of the City of Roanoke (1979), as amended, I am attaching a copy of an Amended Application for Street or Alley Vacation received in the City Clerk's Office on May 10, 2017, from Eric L. and Patti J. Mills requesting that the unused dead -end alley located between Official Tax Map Nos. 1113210 and 1113209, total 60 feet in length, be vacated, discontinued and closed. Sincerely, Cu�& J" M.COT Cecelia F. McCoy Deputy City Clerk Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Susan S. Lower, Director, Real Estate Valuation Luke E. Pugh, P.E., City Engineer Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney ��FAR s® APPLICATION STREET OR ALLEY VACATION ROANOKE Date: Ml zon To Office of the City Clerk o Original Application Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. ■ Amended Application Roanoke, VA 24011 No.± 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: Location and description of street or alley to be closed: Unused Darden Alleyway between Parce11113210 and Pareal 1113209. total- 69 Ft. in Length (See Attached Aerial Photo with Highlighted Area of Alley to be Vacated, Provided by Mr Wayne Leftwich, Senior City Planner, City of Roanoke) Proposed use of vacated street or alley: Ws plan an nice hed vacated afeybar addlaonal back yam space and offl Darling if needed. We met In person with Wayne rehash and communicated to him by phone and a -mails in reference to this request. Also induced with this application is a letter of support from the adjacent property owner. Name of Applicant/Contact Person: Eric L. s Patti a. Mills Mailing Address: 611 7th SL, s W, Roanoke, VA 24016 Telephone: ( ) 540560 -1692 Applicant(s) signature(s): Fax: ( ) E -mail. emills441 @aol con rena�vmtion__A - Ifiance RESTORING HOMES • LIVES • COMMUNITIES Much 27, 2017 Mr, and Mrs. Eric Mills 511 7111 Street, SW Roanoke, VA 24016 To Whom It May Concern, As the Owner of parcel 1113210, Rebuilding Together Roanoke (now Renovation Alliance) is supportive of the vacation of the unfinished alleyway between parcel 1113210 and parcel 11 13209 and purchase in whole of said alleyway by Eric and Patti Mills (owners of parcel 1113209). Sincerely, Ellie Rigby Executive Director Renovation Alliance STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 85}2541 Fax: (540) 853 -1145 F mail clerk@roanok..0ov April 24, 2017 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: RECEIVED APR 25 2017 CITY OF ROANOKE PLANNING BUILDING A DEVELOPMENT CECELIA F. MCCOV Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk Pursuant to Chapter 30 — Streets and Sidewalks, Article I, Section 30 -14 — Procedure for altering or vacating city streets or alleys, fees therefor, Code of the City of Roanoke (1979), as amended, I am attaching a copy of an Original Application for Street or Alley Vacation received in the City Clerk's Office on April 24, 2017, from Eric L. and Patti J. Mills requesting that an unused dead -end alley located between Official Tax Map Nos. 1113210 and 1113209, be vacated, discontinued and closed. Sincerely, Si i y, Stephanie M. Moon Reynd M C City Clerk Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney posJq-DDDI RECEIVED APR 25 2017 APPLICATION pA O NNMG DONE& STREET OR ALLEY VACATI�V�PM NT ROANOKE Date: Apot 23, 2017 To: Office of the City Clerk ■'::(ttlolnel Applcation Fourth Floor, Noel C. Taylor Municipal Building l "' 215 Church Avenue, S.W. ❑ niWApplication Roanoke, VA 24011 No..— 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: Location and description of street or alley to be closed: Unused oeadeod Alleywaybetwean Parcel 1115210 and Paowl 1113209. Total Ares is 5411.84 $nFt. Tobl Petlmeler Is 141.3fi PL (Sea AVachetl Aedel Photo win HiOhligM1ted Area of Alley to ba Vacateq ProWtleO by Mc Wayne Leftwich, Senior City Planner, City of Roanoke) Proposed use of vacated street or alley: We plan to Use this vacated alley fw addidnal back yard spare and off -street paring if needed. We met in person with Wayne Leftwich and communicated to him by phone and e,mails in reference to this request. Also included with this application is a letter of support feet the adjacent property owner. Name of Applicant/Contact Person: s68 L_ s Pam 3. Mills Mailing Address: 511 7th SL, S.W. Roanoke, VA. 24015 Telephone: ( ) 540 -550 -1592 Applicant(s) signature(s): Fax: ( ) E -mail: emius441@acl.com Renovation A Ii_ance RESTORING HOMES • LIVES • COMMUNITIES March 27, 2017 Mr. and Mrs. Eric Mills 511 71^ Street, SW Roanoke, VA 24016 To Whom It May Concern, As the Owner of parcel 1113210, Rebuilding Together Roanoke (now Renovation Alliance) is supportive of the vacation of the unfinished alleyway between parcel 1113210 and parcel 1113209 and purchase in whole of said alleyway by Eric and Patti Mills (owners of parcel 1113209). Sincerely, rXyn� Ellie Rigby Executive Director Renovation Alliance I r J l $ i i1 21 a. 9 H: It r -PCS 11-1)661 RECEIVED APR 25 2017 APPLICATION pANNMe OANOKE STREET OR ALLEY VACATIdwpMENT ROANOKE Date: April 23, 2017 To Office of the City Clerk ■ .049inel,Appiication Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. c 'Annenged Appticatlon Roanoke, VA 24011 lNo. _ 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: Location and description of street or alley to be closed: unused oeadend Alleyway betwean Parcel 1113210 and Parcel 1113209. Total Area is 540 94 So FL Tobl Perimeter Is 14136 Ft. (See Attached Abaci Photo wIIG Highlighted Area of Allay to be Vacated, Provided by Mn Wayne Leftwich, Senior City Planner, city of Roanoke) Proposed use of vacated Street or alley: we plan to use this vacated alley for additional back yard spare and off -sVast parking if needed. We met in person with Wayne Leftwich and communicated 0 him by phone and a -mails in reference to this request. Also included with this application is a lefter of support from the adjacent property owner. Name of Applicant/Contact Person: Pdc L. a Patti a. Mina Mailing Address: 511 7th SL, S.W. Roanoke, VA, 24016 Telephone: ( ) 540 -580 -1692 Fax: ( ) E -mail: amills441Qaolcom Applicant(s) signature(s): 11 a /„ 9" •: «Y4, e STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Roam 456 Roanoke, Virginia 24011 -1536 Telephppe: (540)853 -2541 Fax: (540)853 -1145 F. -mail: el- Nierpanokevuguv April 24, 2017 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: RECEIVED APR 25 2017 CITY OF ROANOKE PLANNING BUILDING & DEVELOPMENT CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CIVIC Assistant Deputy City Clerk Pursuant to Chapter 30 — Streets and Sidewalks, Article I, Section 30 -14 — Procedure for altering or vacating city streets or alleys, fees therefor, Code of the City of Roanoke (1979), as amended, I am attaching a copy of an Original Application for Street or Alley Vacation received in the City Clerk's Office on April 24, 2017, from Eric L. and Patti J. Mills requesting that an unused dead -end alley located between Official Tax Map Nos. 1113210 and 1113209, be vacated, discontinued and closed. Sincerely, �1 Stephanie M. Moon Reyno s, tCZ� City Clerk Enclosure PC: The Honorable Mayor and Members of the Roanoke City Council Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Renovation Alli_anc_e RESTORING HOMES • LIVES - COMMUNITIES March 27, 2017 Mr. and Mrs. Eric Mills 5117" Street, SW Roanoke, VA 24016 To Whom It May Concern, As the Owner of parcel 1113210, Rebuilding Together Roanoke (now Renovation Alliance) is supportive of the vacation of the unfinished alleyway between parcel 1113210 and parcel 1113209 and purchase in whole of said alleyway by Eric and Patti Mills (owners of parcel 1113209). Sincerely, U Ellie Rigby Executive Director Renovation Alliance 10 1 v;4 1 d All MAu, 3 g� S ALLEY 7TH AND 8TH VACATION Zoning Map 1 c nr 2 d S a CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Ronnoke, Virginia 24011 -1536 Tclepkane: (549) 851 -1541 Fnx: (5411)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC do kWroanokwa.... CECELIA B. MC('OV ('ilg Clerk Dcpnly ('ity Clerk ('ECELIA T. W F.BB, ('M(' June 20, 2017 Assistant Dnpnryr ('ily Clerk Joseph Thompson, Member JETR,LLC 133 Kirk Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Thompson: I am enclosing a copy of Ordinance No. 40875- 061917 rezoning certain properties located at 2125, 2129, 2133 and 2137 Dale Avenue Road, S. E., Official Tax Map Nos. 4311209, 4311207, 4311208 and 4311206, respectively, from MXPUD, Mixed Use Planned Unit Development District, and 1 -1, Light Industrial District, with conditions, to MXPUD, Mixed Use Planned Unit Development District, amending an existing and applicable Planned Unit Development Plan; and repealing Ordinance No. 40032- 081814 adopted on August 18, 2014, to the extent that it placed certain conditions on the subject properties, as set forth in the Zoning Amended Application No. 1 dated May 15, 2017. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, ()z",& )-, ln(( Cecelia F. McCoy Deputy City Clerk Enclosure c: Parkside Express Wash, LLC, 133 Kirk Avenue, S. W., Roanoke, Virginia 24011 Park 21 Limited Partnership, P. O. Box 21667, Roanoke, Virginia 24018 Parkside Storage, LLC, 133 Kirk Avenue, S. W., Roanoke, Virginia 24011 E. B. Knighton, 4457 Brambleton Avenue, S. W., Roanoke, Virginia 24018 William L. Vaughan, 2128 Fallon Avenue, S. E., Roanoke, Virginia 24013 Willard Charles Simpson, II, 2046 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 Robin E. Hungate, 2028 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 James M. Terry, 2010 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 Joseph Thompson June 20, 2017 Page 2 C: Ricky and Denise C. Rucker, 2032 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 Blankenship Living Trust, 2056 Kenwood Boulevard, S. E., Roanoke, Virginia 24014 Hollywood WNM Dale, LLC, 399 Camino Gardens Boulevard, #308, Boca Raton, Florida 33432 R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Susan Lower, Director of Real Estate Valuation Luke Pugh, City Engineer Tina M. Carr, Secretary, City Planning Commission IN THE COUNCIL. OP THE' CITY OF ROANOKE, VIRGINIA The 19th day of June, 2017. . No. 40875- 061917. AN ORDINANCE to rezone certain properties located at 2125, 2129, 2133 and 2137 Dale Avenue Road, S.E., bearing Official Tax Map Nos. 4311209, 4311207, 4311208 and 4311206, respectively, from MXPUD, Mixed Use Planned Unit Development District and I -1, Light Industrial District, with conditions, to MXPUD, Mixed Use Planned Unit Development District, amending an existing and applicable Planned Unit Development Plan, and repealing Ordinance No. 40032- 081814, adopted August 18, 2014, to the extent that it placed certain conditions on the subject properties; and dispensing with the second reading of this ordinance by title. WHEREAS, Joseph Thompson, on behalf of JETR, LLC, and JETR, LLC, on behalf of Parkside Storage, LLC, have made application to the Council of the City of Roanoke, Virginia ( "City Council'), to rezone certain properties located at 2125, 2129, 2133 and 2137 Dale Avenue Road, S.E., being designated as Official Tax Map Nos. 4311209, 4311207, 4311208 and 4311206, respectively, from MXPUD, Mixed Use Planned Unit Development Districtand I -1, Light Industrial District, with conditions, to MXPUD, Mixed Use Planned Unit Development District; to amend an existing and applicable Planned Unit Development Plan; acid to repeal Ordinance No. 40032 - 081814, adopted August 18, 2014, to the extent that it placed certain conditions on the subject properties; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEIMAS, a public hearing was held by City Cuuncil on such application at its meeting on .little 19, 2017, after due and timely notice thereof as required by §362 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning as set forth above; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planing Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the actions sought and described in this Ordinance and the Zoning Amended Application No. 1 dated May 15, 2017, and for those reasons is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that 1. Ordinance No. 40032- 081814, adopted August 18, 2014, to the extent that it placed conditions on certain properties located at 2125, 2129, 2133 and 2137 Dale Avenue Road, S.E., being designated as Official Tax Map Nos. 4311209, 4311207, 431 1208 and 431 1206, respectively, is hereby REPEALED, as set forth in the Zoning Amended Application No. 1 dated May 15, 2017, and that §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. The properties located at 2125, 2129, 2133 and 2137 Dale Avenue Road, S.E., being designated as Official Tax Map Nos. 4311209, 4311207, 4311208 and 4311206, respectively, be rezoned from MXPUD, Mixed Use Planned Unit Development District and I -1, bight Industrial District, to MXPUD, Mixed Use Planned Unit Development District, as set forth in the Zoning Amended Application No. 1 dated May 15, 2017, and that §36.2 -100, Code of the City of Roanokc (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. Section 36.2 -100, Code of tile City of Roanokc (1979), a_s amended, and the 011icial Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the existing and applicable Planned Unit Development Plan, as it pertains to the properties located at 2125, 2129, 2133 and 2137 Dale Avenue Road, S.E., being designated as Official Tax Map Nos. 4311209, 4311207, 4311208 and 431 1206, respectively, as set forth in the Zoning Amended Application No. I dated May 15, 2017. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading ofthis ordinance by title is hereby dispensed with. ATTEST: ,t1n Up City Clerk. U -1 Rvunc.',"d ands IdPun - DidaJU, qWCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 19, 2017 Subject: Application byJETR, LLC, and Parkside Storage, LLC, to rezone the properties at 2125, 2129, 2133, and 2137 Dale Avenue, S.E., bearing Official Tax Map Nos. 4311209, 4311207, 431 1208, and 4311206 respectively, from MXPUD, Mixed Use Planned Unit Development District, and 1 -1, Light Industrial District, with conditions, to MXPUD; repeal all existing conditions; and to amend an existing and applicable PUD plan. Recommendation The Planning Commission held a public hearing on Monday, June 12, 2017. By a vote of 5 - 0 the Commission recommended approval of the rezoning request, finding that the Amended Application No. 1 is consistent with the City's Comprehensive Plan, Morningside/Kenwood /Riverdale Neighborhood Plan, and Zoning Ordinance as a parcel will be redeveloped for an active use appropriate to the surrounding area. Application Information Request: Rezoning to Planned Unit Development, Repeal Proffered Conditions, and Amend PUD Plan Owner: Joe Thompson, JETR, LLC Joe Thompson, Parkside Storage, LLC Applicant: See above Authorized Agent: none City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address Location: 2125, 2129, 2133, and 2137 Dale Avenue, S.E. Official Tax Nos.: 431 1209, 431 1207, 431 1208, and 4311206 respectively Site Area: Approximately 5.18 acres Existing Zoning: MXPUD, Mixed Use Planned Unit Development District, and 1 -1, Light Industrial District, with conditions Proposed Zoning: MXPUDI Mixed Use Planned Unit Development District Existing Land Use: Vacant and Self-storage building Proposed Land Use: Commercial Center and Self-storage building Neighborhood Plan: Morningside/Kenwood /Riverdale Neighborhood Plan Zoning Amendment YS. _ 011 Checklist r 21 7.. ROANOKE iz Completed application form and checklist GI Written narrative explaining the reason for the request W Metes and bounds description if ill e f9 Filing fee Fore, ratatlurl 118l ale wming must also be submiw F- Concept plan meeting the AppIzation Requirements of item '2(c)' in Zoning Amendment Procedures For a ramming, Om fdlotiing must also be subrdasd: F- Written proffers See the Chi Guide to Proffered Cord Ions Concept plan meeting the AppFcaton Requ nements of hill c;'.n Zen ng Amendment Procedures. Pease'.abel as (- 'development plan' it proffered. For a PbWAd w& deva4w4 f, the licill g must also be aubmated: r Development plan meeting the requirements of Section 36 2 -326 of the Citys Zen ng Ord'.narcc Fora canot0willi sign9mlaynistrtu ,ale Wow" mill besue: F- Comprehensive signal Plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zen ng Ordnance Fare l+ 4` ? :aoadl mw ft (aiDwft ast aim be albllliaed: 19 Amended development or concept plan meeting the Apprcandn Requrements of tem'2 :ci' in Zoo.ng Amendment Procedures If applicable. R Written proffers to be amended See the Cnys Gu the to Proffered Condanns R Copy of previously adopted Ordnance. Fora pfamedunk davalopmerd anNtdmad, the Mlaaog must also be submitted: IR Amended development plan meet ng the regmrelrenls of Section 36 2 -326 of the Citys Zen ng Ordnance. f>z Copy of prevousy adopted Ordinance. For aoampt#iensae sign owAry amardmenf, Um follow Dig must also be a&nigsd: m Amended comprehensive signage p an meeting the requ rements of Sect on 362 -336id of the C tys Zen ng Ord names, r Copy of previously adopted Ordnance. Fora aoypeet 94opres a traft fted sbtdy be suhmsled to Me CilY, the Willing meetapo be a1 mftd: -- F A Traffic Impact Study in compliance veth Append x 8 -2 a of the C lys Zoning Ordnance For a prat WW 111101 mW XM aft to impact wt*$ a be SIAMItled o V00T, the toaswig must alw be adt Allid r Cover sheet r Traffic impact are yss F- Concept plan F- Proffered conditions Iapp cable. I- Requ fed fee 'An aecuonc copy of in is app cation and checklist can be found at www roinokeva.gov pbd by seechng'P.among Commas on'under 'Boards and Comm ss ons A compete packet must be submitted each time an apOicalbon 6 amended unless othe vise spacifed by staff . PARKSIDE COMMONS ZONING AMENDMENT RE_ QUEST NARRATIVE: The purpose of this request is to repeal proffered conditions and amend the development plan contained within the zoning amendment request that was approved in 2014 under Ordinance Number 40032 - 081814, which incorporates the development plan prepared by Balzer and Associates Inc., dated May 29, 2014 and last revised July 3, 2014, and attached hereto as Exhibit B. This existing development plan will be replaced with the proposed proffered development plan, which will alter the site layout of Parcel D to allow for a multi -story Self Storage Building. The proposed improvements are permitted by right within the Mixed Use Planned Unit Development (MXPUD) district and will abide by all development regulations set forth within.the existing development plan. This request also incorporates the rezoning of Parcel D within the PUD from Light Industrial District (1 -1) to MXPUD, reflecting recent zoning ordinance amendments related to the newly defined Self Storage Building use. This measure is taken to achieve contiguity within the proposed Development Plan. BACKGROUND In August 2014, the Parkside Commons project was rezoned from Commercial General District (CG) and Commercial -Large Site District (CLS) to Mixed Use Planned Unit Development (MXPUD) and Light Industrial District (1 -1) with Proffered Conditions for the purpose of developing a multiple parcel neighborhood center. The MXPUD zoning designation was utilized to accommodate two retail outparcels and two secondary commercial service parcels. The 1 -1 zoning was applied solely to the rear multi -story storage facility located in the rear corner of the development. At the time, Self Storage Building use was yet to be defined in the Roanoke City Zoning Ordinance. In 2016, the Roanoke City Zoning Ordinance was amended to include the definition of Self Storage Building use. Along with this clarification, the amendment incorporated Self Storage Building into the MXPUD zoning designation as a permitted use. Over this time period the applicant, Parkside Storage LLC, developed Parcel B with a Self Storage Building use. The project has been well received, acquiring a strong customer base and adding an aesthetically pleasing product to the neighborhood. In January 2016, Parcel 4311207 was extracted from the previous MXPUD development plan. Proffered conditions on this parcel set forth in August 2014 were repealed along with a change in zoning (to CG with Proffered Conditions) to allow for the development of a car wash facility by Parkside Express Wash, LLC. The project was another welcome addition to the neighborhood, providing a needed service to residents, commuters along Dale Avenue, and added an additional quality commercial structure along Dale Avenue. REQUEST This zoning amendment request is being made to accommodate the proposed Self Storage Building use on Parcel D. However, no substantial changes are proposed to the Parkside Commons masterplan. On Parcel D, the original masterplan plan provided for a 6,000 + /- square foot footprint contemplating a single -story retail/service use. This use would require an extended holding period for construction to become feasible. Given the proven viability of the Self Storage Building use, the proposed modification to the development plan would allow for immediate construction. The structure will serve as an expansion of Parkside Storage and be managed from the existing office located within the facility housed on Parcel B. Loading area has replaced the previously planned parking row, which is appropriate given the decreased parking requirement of Self Storage Building use in comparison to the previously contemplated Business occupancy. The proposed building will complement the existing structures and provide a harmonious use to the Parkside Commons development. The attached development plan (Exhibit C) and building renderings (Exhibit D) illustrate the layout of the improvements and attractive building design proposed. To align with recent zoning ordinance amendments related to Self Storage Building use, the request to rezone Parcel D from 1 -1, Light Industrial District to MXPUD, Mixed Use Planned Unit Development has been made at this time. This rezoning is made to add continuity to the overall development. IMPACT ON NEIGHBORHOOD An increase from the contemplated 6,000 + 1- square feet to 29,250 + /_ square feet would be realized. Generally, an increase in square footage of this magnitude would increase development intensity. In this particular case however, a similar or even decreased intensity will be realized. Support for this assertion can be gathered from the 2012 IBC (Max Floor Area Allowances per Occupant - Table 1004.1.2) and the ITE Trip Generation Manual. These standardized indications suggest that a similar and decreased intensity (respectively) will be realized from the proposed Self Storage Building use. Considering the less intensive Self Storage Building use is a permitted use within MXPUD and all development regulations stipulated in the existing proffered development plan will remain in force, no impact to the surrounding property owners or neighborhood will be realized. To further ensure the development is not burdened by increased intensity, the development plan incorporates the development regulation limiting ancillary uses (allowable in MXPUD) to a maximum of 10% of gross building area on Parcels B & D. RELATIONSHIP TO COMPREHENSIVE PLAN This Project has been designed to be in conformance with the City's Comprehensive Plan. The site is designated as Village Center in the Morningside /Kenwood /Riverdale Neighborhood Future Land use Plan and the proposed development certainly fits within this designation. This Project maintains the concentration of higher density development in a designated village center as shown on the proposed site plan. The proposed development maintains the principles of orientating new commercial development in a village setting, and provides appropriate site design and pedestrian accommodations. This project further rejuvenates the formally dilapidated site and develops it with a use to serve the community. On behalf of JETR, LLC and Parkside Storage, LLC we are requesting approval of this application for zoning amendment. This project will continue the mission of Parkside Commons as a Village Center providing the surrounding community with necessary services while maintaining the character of the area and contributing to the success of the overall development. Exhibit A PARKSIDE COMMONS PROFFERED CONDITIONS TO BE REPEALED: The applicant hereby agrees to repeal the following conditions set forth in Ordinance Number 40032- 08181. 1. The property will be developed in substantial conformance with the development plan, prepared by Balzer and Associates Inc., dated May 29, 2014 and last revised July 3, 2014, and attached hereto as Exhibit A, "Development Plan ", subject to those changes which may be required by the City of Roanoke during comprehensive development plan review. 2. The permitted uses in the 1 -1 zoned pdrbon of the property will be limited to the following: warehouse; business service establishment, not otherwise listed; financial institution; laboratory, dental, medical, or optical; office, general or professional; office, general or professional, large scale; studio /multimedia production facility; bakery, confectionary, or similar food production, retail; building supplies and materials, retail; contractor or tradesman's shop, general or special trade; motor vehicle rental establishment with or without inventory onsite; dry cleaning and laundry pick -up station; general service establishment, not otherwise listed; retail sales establishment, not otherwise listed; eating establishment; eating and drinking establishment, not abutting a residential district; health and fitness center; artist studio; community garden; educational facilities, business school or nonindustrial trade school; post office; parking, off -site; utility distribution or collection, basic, wireless telecommunications facility, stealth; agricultural operations; accessory uses, not otherwise listed in the table. V i n i e,s�oono „a. 1 j Yi i° I II• i In, 5 I F l m � uku SNOW WOO 3015NdVd o � I 4 77'77 ==q- -lam ff i y., V U II.I +U e...a O 1 o e � S T,i TqT i@ i fisp a 73 € �gS i CS� 3 4� '32 v iMa z 0 a Y 9 � 4 1 w 3 TJ 1I 'bOiO �� t I I�I 1 j Yi i° I II• i In, 5 I F l m � uku SNOW WOO 3015NdVd o � I 4 77'77 ==q- -lam ff i y., V U II.I +U e...a O 1 o e � S T,i TqT i@ i fisp a 73 € �gS i CS� 3 4� '32 v iMa z 0 a Y 9 � 4 1 w F x w 'c E 3F — 1 1 1 11IJ i _= th S - c 3 - U 2 7 - e m > 0 3 EH Rl IF O W f! � G a p wm m.m > =o wczm Exhibit D lC O n t . BEFORE AFTER T G `O C Q oy� %d i w n I� 0 C� Q L X W bALM Sul Legal Description: Beginning at a point 360 feet Northeast of 21" Street, S.E. along the Southerly right of way of Dale Avenue, S.E.; thence with Dale Avenue N73 "21'37 "E 100.00 feet to a point thence leaving Dale Avenue 816 "3824"E 32.97 feet to a point; thence S31 "14'43'W 44.74 feet to a point thence S16 °3624 "E 66.97 feet to a point; thence with a curve to the left having a radius of 64.00 feet, an arc distance of 65.16 feet and a chord bearing and distance of S45 °48'32 "E 62.39 feet to a point thence S74 "58'40 "E 138.67 feet to a point; thence N16 "38'23"W 257.21 feet to a point thence N73 "21'37 "E 158.75 feet to a point; thence S16 "38'23 "E 66.90 feet to a point, thence S47 "5647°E WAS feet to a point; thence S16 °38'23 "E 520.89 feet to a point; thence S70 "29'37"W 401.87 feet to a point; thence N16 "38'23"W 652.90 feet the point of beginning containing 5.1879 acres and being comprised of T.M. 4311208 (Tract 83 -1), T.M. #4311209 (Tract 841), and T.M. #4311206 (Tract 131 -1) shown on plat recorded as Instrument #160003925 and T.M. #4311207 (Tract 132) shown on plat recorded as Instrument #150004723. Said parcels being located in the City of Roanoke, Virginia. PIANNERS . ARCHRECIS . ENGINEERS . SURVEYORS ROAN . RCHMOND . N RN VALLEY . SHENnNDOAHVAI Y. HARRSONBURG 1208 Ca to Ckd IRCCr ke, V 9W. 21018.(5101772 -95 -FM%1 ) 772ABA` www.baper.cc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2014. No. 40032- 081814. AN ORDINANCE to amend § 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain properties within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, JETR, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council "), to have a portion of the property located at 2141 Dale Avenue, S.E., bearing Official Tax Map No. 4311201 and the entire lot located at Zero Dale Avenue, S.E., bearing Official Tax Map No. 4311204, rezoned from CG, Commercial - General District, and CLS, Commercial -Large Site District, to MXPUD, Mixed Use Planned Unit Development District, and 1- 1, Light Industrial District, subject to certain conditions; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 18, 2014, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be beard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject properties, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: L Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that a portion of Official Tax Map No. 4311201 and the entire lot of Official Tax Map No. 4311204, located at 2141 and Zero Dale Avenue, respectively, be and me hereby rezoned from CG, Commemial- General District, and CLS, Commercial -Large Site District, to MXPUD, Mixed Use Planned Unit Development District, and 1 -1, Light Industrial District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 2 dated July 3, 2014. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with T }5;1 ki55= 11*City Clerk. SITE (_FORMATION _. wl l~ �+ ME AVE. RT 2a >J mRN�E V SECTION A I tF—�MONTQAIR AVE R.O.W. r. IQ � L I _lCN AVE. ROW. - 'yF y 3 '> �✓ o r € v � a RT 26 EXA ZONING DISTRICT MAP 2125, 2129, 2133, 2137 Dale Ave. SE Official Tax Parcel: 4311209, 4311207, 4311208, 4311206, respectively ®Area to be Rezoned Zoning AD: Airport Dev CG'. Commercial-Generai CLS: CommerciaFLarge Site ON: Commercial- Neighborhood _ D: Downtmvn 1 -1: Light Industrial 1 -2: Heavy Industrial _ IN: Institutional INPUD'. Institutional Planned Unit Dev I PUD: Industrial Planned Unit Dev Mx. Mixed Use ® WPUD: Mixed Use Planned Unit Dev R -12 Res Single- Family R -3: Res Single - Family R -5: Res Single -Family R -7: Res Single - Family RA: Res- Agricultural RM -1'. Res Mixed Density RM -2'. Res Mixed Density RMFr Res Multifamily " ROS: Recreation and Open Space _ OF Urban Flex Conditional Zoning N 0 100 200 Feet w +P N w FA"ON Aye N N� l MpNi CLA1R AVE - N c r 4 CO ' U . �y44}.sw 2 v J� J r v ;it 43 p1 e.; m o ° w v w, o No NN o 0 v c r 4 CO ' �y44}.sw 2 J r ;it 43 p1 e.; A320', i0 �OZ ^131 w, No NN o 0 v a VoWOOD BLVD W �J c'o 0 W, M1� CI i Y O= P—AN V KI I'DV Aan TmaM Carr 215 CI ICRCH APr ROOM 166 ROANOK. VA2461I The Roanoke Times Roanoke, Virginia Affidavit of Publication RECEIVED JUN 0 9 2011 CITY OF ROANOKE PLANNING BUILDING 8 DEVELOPMENT Account Number 6011439 Date June 06, 2017 Dale category Description Ad Sae Tolal Cost 0 010 612 01 7 Legal Notices PUBI IC HI ARING NOTICE Any public bearings atloetlsed n[ 1 x 161 L 1538 32 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE An was published in said newspapers on the following dates: 05'30 061061201] The First insertion being given... 05/302017 Newspaper reference: 0000541751 t� B'kng Representative Sworn to and subscribed before me this Tuesday, June 6, 3017 ,.t Notary PuiA. , ;pP 6Z State of Virginia ` e City/County of Roanoke cT z M My Commission expires YfFi N`� THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, fourth floor. Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any applications will be available for review in the Planning, Building, & Development office, first floor, Room 166, 215 Church Avenue, S.W., Roanoke, Virginia. 'fhc City of Roanoke Planning Commission will hold public hearings on June 12, 2017, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application from Eric L. and Patti J. Mills to vacate an approximately 60 foot portion of alleyway located between and running parallel with 7th Street, S.W., and 8th Street, S.W., being vacated north of Marshall Avenue, S.W., with the portion to be vacated between and adjacent to the entire westerly side of Official Tax Map No. 1113209, and a portion of the easterly side of Official Tax Map No. 1113210. Application by JETR, LLC and Parkside Storage, LLC to rezone the properties at 2125, 2129, 2133, and 2137 Dale Avenue, S.E., bearing Official Tax Map Nos. 4311209, 4311207, 4311208, and 4311206, respectively, from MXPUD, Mixed Use Planned Unit Development District, and I- 1, Light Industrial District, with conditions, to MXPUD, and to amend the PUD plan. The application includes repealing all conditions, such conditions are (1) developing the properties in substantial conformance with a development plan; and (2) limiting uses of the specified 1 -1 portion of the properties to warehouse, limited to multiple individual rental storage units which are accessed from only within the warehouse; business service establishment, not otherwise listed; financial institution; laboratory, dental, medical, or optical; office, general or professional; office, general or professional, large scale; studio /multimedia production facility; bakery, confectionary, or similar food production facility; building supplies and materials, retail; contractor or tradesman's shop, general or special trade; motor vehicle rental establishment with or without inventory onsite, only as an accessory use to the warehouse use; dry cleaning and laundry pick up station; general service establishment, not otherwise listed; retail sales establishment, not otherwise listed; eating establishment, eating and drinking establishment not abutting a residential district; health and fitness center; artist studio; community garden; educational facilities, business school or nonindustrial trade school; post office; puking, off -site; utility distribution or collection basic; wireless telecommunications facility, stealth; agricultural operations; and accessory uses, not otherwise listed in the table. The land use categories permitted in the MXPUD District include residential; accommodations and group living; commercial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for village center land use, but does not specify density. The proposed use of tile properties is a commercial canter to include two warehouse storage facilities. Tina M. Carr, Secretary, City Planning Commission Cit3 Council will hold public hearings on the aforesaid applications on June 19, 2017, at 7:00 p.m., or as soon as the matters may be heard. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled hearings. Stephanie M. Moon Reynolds, MMC City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on June 14, 2017, at 1:00 p.m., or as soon as the matters may be heard, to consider these applications: Application filed by Thomas Hamill for property located at 2406 Franklin Road, S.W., bearing Official Tax No. 1150204, zoned CG, Commercial General District, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to permit an eating and drinking establishment, abutting a residential district. Application filed by Steven and Joanne Villers for property located at 1116 Main Street, S.W., bearing Official Tax No. 1130107, zoned CN, Commercial Neighborhood District, for a special exception pursuant to Section 36.2 -315, Zoning. Code of the City of Roanoke (1979), as amended, to permit an eating and drinking establishment, abutting a residential district. Application filed by Ben Crew, Balzer & Associates, Inc., for property located at 4005 Melrose Avenue, N.W., bearing Official Tax No. 2761322, zoned CN, Commercial Neighborhood, for a special exception pursuant to Section 36.2-3 15, Zoning, Code of the City of Roanoke (1979), as amended, to permit a drive - through facility. Tina M. Carr, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, May 30, 2017, and Tuesday, June 6, 2017. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Board of Zoning Appeals Secretary to the Planning Commission Planning Coordinator Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW. Room 166 Roanoke, VA 24011 540/853 -1330 tina.carr <yroanokeva.gov Please send affidavit of publication to Stephanie M. Moon Reynolds, MMC City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 June 1, 2017 CECELIAT. 9EDH,CIIC 1s.istaro Dcpnh CitJ ('lcrk Joseph Thompson Member of JETR, LLC 133 Kirk Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Thompson: A public hearing has been advertised to be heard by the City Planning Commission on Monday, June 12, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of JETR, LLC and Parkside Storage, LLC to rezone properties at 2125, 2129, 2133, and 2137 Dale Avenue, S.E., Official Tax Map Nos. 4311209, 4311207, 4311208, and 4311206, respectively, from Mixed Use Planned Unit Development District, and 1 -1, Light Industrial District, with conditions, to Mixed Use Planned Unit Development; and amend the Planned Unit Development Plan. (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 Monday, June 19, 2017 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on 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, Cecelia F. McCoy Deputy City Clerk Enclosure CITY OF ROANOKE a OFFICE OF THE CITY CLERK 215 Church .Avenue, s. R'., Room 456 Roanoke, Vuginia 240114536 Tekpkn ;(_40)Ni3 -241 Far (540) 853 -1145 STEPH INIE,M.,\1(1(1] REI: \OLDS,. \UIC E -t—i[7 elerk(o roauokma.... ('FCELIA F. NCCOI' Cif, Clerk Depute Cit. Clerk June 1, 2017 CECELIAT. 9EDH,CIIC 1s.istaro Dcpnh CitJ ('lcrk Joseph Thompson Member of JETR, LLC 133 Kirk Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Thompson: A public hearing has been advertised to be heard by the City Planning Commission on Monday, June 12, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of JETR, LLC and Parkside Storage, LLC to rezone properties at 2125, 2129, 2133, and 2137 Dale Avenue, S.E., Official Tax Map Nos. 4311209, 4311207, 4311208, and 4311206, respectively, from Mixed Use Planned Unit Development District, and 1 -1, Light Industrial District, with conditions, to Mixed Use Planned Unit Development; and amend the Planned Unit Development Plan. (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 Monday, June 19, 2017 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on 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, Cecelia F. McCoy Deputy City Clerk Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. R'., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 In,; (540)853 -1145 E- ,nail: elerk(u rnonnke...... Parkside Express Wash, LLC Park 21 Limited Partnership Parkside Storage, LLC JETR,LLC E. B. Knighton William L. Vaughan Ladies and Gentlemen: June 1. 2017 CEC ELIA K NICCO \' Deputy Cis Clerk CIA ELL\ 1. \PEBB, CHIC Assistant Depots Citc Clerk Willard Charles Simpson, II Robin E. Hungate James M. Terry Ricky and Denise C. Rucker Blankenship Living Trust Hollywood WNM Dale, LLC A public hearing has been advertised to be heard by the City Planning Commission on Monday, June 12, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of JETR, LLC and Parkside Storage, LLC to rezone properties at 2125, 2129, 2133, and 2137 Dale Avenue, S.E., Official Tax Map Nos. 4311209, 4311207, 4311208, and 4311206, respectively, from Mixed Use Planned Unit Development District, and 1 -1, Light Industrial District, with conditions, to Mixed Use Planned Unit Development; and amend the Planned Unit Development Plan. (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 Monday, June 19, 2017 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.qov, under "Roanoke Planning Commission News', following its meeting on June 12. 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, Cweta- 3. w d e&y- Cecelia F. McCoy Deputy City Clerk Enclosure STEPHA,UE \I. )IOON RE\ NOLDS, NINK ('its Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. R'., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 In,; (540)853 -1145 E- ,nail: elerk(u rnonnke...... Parkside Express Wash, LLC Park 21 Limited Partnership Parkside Storage, LLC JETR,LLC E. B. Knighton William L. Vaughan Ladies and Gentlemen: June 1. 2017 CEC ELIA K NICCO \' Deputy Cis Clerk CIA ELL\ 1. \PEBB, CHIC Assistant Depots Citc Clerk Willard Charles Simpson, II Robin E. Hungate James M. Terry Ricky and Denise C. Rucker Blankenship Living Trust Hollywood WNM Dale, LLC A public hearing has been advertised to be heard by the City Planning Commission on Monday, June 12, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of JETR, LLC and Parkside Storage, LLC to rezone properties at 2125, 2129, 2133, and 2137 Dale Avenue, S.E., Official Tax Map Nos. 4311209, 4311207, 4311208, and 4311206, respectively, from Mixed Use Planned Unit Development District, and 1 -1, Light Industrial District, with conditions, to Mixed Use Planned Unit Development; and amend the Planned Unit Development Plan. (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 Monday, June 19, 2017 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.qov, under "Roanoke Planning Commission News', following its meeting on June 12. 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, Cweta- 3. w d e&y- Cecelia F. McCoy Deputy City Clerk Enclosure "I'CzA I'7 -D�D� : -_, at- to r Department Department ECENE© of Planning, Building and Development ROA N O 0. K E Room 166, Noel C. Taylor Municipal Building APR 2 4 2017 215 Church Avenue, S.W. Roanoke, Virginia 24011 CITY OF ROANOKE ClickHere ro Pdrll Phone: (540) 853 -1730 Fax: (540) 853 -1230 PLANNING BUILDING& Date: 4/24/2017 Submittal Number. Original Application ❑ Rezoning, Not Otherwise Listed ❑x Amendment of Proffered Conditions ❑ Rezoning, Conditional ❑x Amendment of Planned Unit Development Plan Rx Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: 2125, 2129, 2133, 2137 Dale Avenue BE Official TaxNo(s).: 1 4311206, 4311207, 4311208, 4311209 Existing Base Zoning: r I^ f reW.f op rM�.. " ^^ M ❑ With Conditions (if mu8ipie zones, please manually enter all disMcts) = (y � �g k+ S.,�/ E] Without Conditions Ordinance No(s). for Existing Conditions (ff applicable): 40032- 081814 Requested Zoning: MXPUD, Mired Ube Plar 0 With Conditions proposed Self Storage Building & Mixed Use ❑ Without Conditions Land Use: Name: Joseph Thompson, Managing Member of Parkside Storage, LLC Phone Number: 5403548653 Address: �ljrk nue SW, Roanoke, VA E -Mail: j.@pcgva.com , DWnere Ure: y Name: Phone Number. Address: E -Mail: Applicant's Signature : Name: Phone Number Address: E -Mail: Authorized Agents Signature: .ZA I'7- plat -C Ion Department of Planning, Building and Development ROA N O K E Room 166, Noel C. Taylor Municipal Building APR 24 2017 215 Church Avenue, S.W. Roanoke, VUginla 24011 CITY OF ROANOKE Dtt14! HBIB Print Phone: (540) 853 -1730 Fax: (540) 853 -1230 PLANNING BUILDINGa Date: 4/2412017 --7 Submittal Number: Original Application �i ❑ Rezoning, Not Otherwise Listed ❑ Amendment of proffered Conditions ❑ Rezoning, Conditional ❑ Amendment of planned Unit Development Plan ❑x Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: 2125, 2129, 2133, 2137 Dale Avenue BE Official Tax Nola).: 4311208, 4311207, 4311209, 4311209 Existing Base Zoning: f ura �� '- PLrsAJ- ask x❑With Conditions (If multiple zones, please manually enter all districts.) — f Sroi,,.rFrr a..� ❑ Without Conditions Ordinance No(s). for Existing Condhlons (If applicable): 40032- 091914 ❑x With Conditions proposed Requested Zoning: MXPUD, Mixed Use Plar ❑ Without Conditions Land Use: Sett Storage Building & Mixed Use Phone Number: 5403549953 Name: Joseph Thompson, Managing Member of JETR, LLC Address: 133 Kirk Avenue SW, Roanoke, VA E -Mail: joe @PCgva.com Ownef, nature: Phone Number. Name: Address: E -Mail: Applicant's Signature: Name: Phone Number: Address: E -Mail: Authorized Agent's Signature: - - -- Zoning Amendment lication ChnCklist rW -- - ROANOKE OZ Completed application form and checklist. R Written narrative explaining the reason for the request. OZ Metes and bounds description, if applicable. IR Filing fee. mi►»ke fiesuba: r- Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. �FVradri�lpxF��a�okS+Mgnu�aisa 6eamiwkb� r- Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as 'development plan' dproffered. Fa' x�gMNii +aAt�Y1�t�Rtbetaiob®sub�ed: Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. 80-6- 9{669Anw�egagtet M6] r Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. �_iQPA11iN11Mll - . ��Ot4RiCI�BYYA�i�81�1�! Amended development or concept plan meeting the Application Requirements of Bem'2(c)' in Zoning Amendment Procedures, if applicable. (>Z Written proffers to be amended. See the City's Guide to Proffered Conditions. 9 Copy of previously adopted Ordinance. fiva��iisMwk�aN�ai�Rt�9 w�sliebia' OZ Amended development plan meeting the requirements of Section 36.2 -326 of the Citt+s Zoning Ordinance. 9 Copy of previously adopted Ordinance. 'iar_s �>� an�dMeiit. the � i�t �a titi r" Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance. r- Copy of previously adopted Ordinance. Fgragr_ _re9e�es86Nft¢f�Mtabdih6&1 aib6WilmI ovnx�tWetBfebbee_9 r- A Traffic Impact Study in compliance with Appendix &2(e) of the City's Zoning Ordinance. !nao!apolallw � — 01 a* eiPt=_ aW$ bsschMOdbV_T.tok1lovion0gWborS X (- Cover sheet. rl Traffic impact analysis. • Concept plan. • Proffered conditions, ff applicable. • Required fee. 'An electronic copy of this application and checklist can be found at www,roanokeva.gov /pbd by selecting'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. PARKSIDE_COMMONS ZONING AMENDMENT REQUEST NARRATIVE: The purpose of this request is to repeal proffered conditions and amend the development plan contained within the zoning amendment request that was approved in 2014 under Ordinance Number 40032 - 081814, which incorporates the development plan prepared by Balzer and Associates Inc., dated May 29, 2014 and last revised July 3, 2014, and attached hereto as Exhibit B. This existing development plan will be replaced with the proposed proffered development plan, which will alter the site layout of Parcel D to allow for a mufti-story Self Storage Building. The proposed improvements are permitted by right within the Mixed Use Planned Unit Development (MXPUD) district and will abide by all development regulations set forth within the existing development plan. This request also incorporates the rezoning of Parcel D within the PUD from Light Industrial District (1 -1) to MXPUD, reflecting recent zoning ordinance amendments related to the newly defined Self Storage Building use. This measure is taken to achieve contiguity within the proposed Development Plan. BACKGROUND In August 2014, the Parkside Commons project was rezoned from Commercial General District (CG) and Commercial -Large Site District (CLS) to Mixed Use Planned Unit Development (MXPUD) and Light Industrial District (1 -1) with Proffered Conditions for the purpose of developing a multiple parcel neighborhood center. The MXPUD zoning designation was utilized to accommodate two retail outparcels and two secondary commercial service parcels. The 1 -1 zoning was applied solely to the rear mufti-story storage facility located in the rear corner of the development. At the time, Self Storage Building use was yet to be defined in the Roanoke City Zoning Ordinance, In 2016, the Roanoke City Zoning Ordinance was amended to include the definition of Self Storage Building use. Along with this clarification, the amendment incorporated Self Storage Building into the MXPUD zoning designation as a permitted use. Over this time period the applicant, Parkside Storage LLC, developed Parcel B with a Self Storage Building use. The project has been well received, acquiring a strong customer base and adding an aesthetically pleasing product to the neighborhood. In January 2016, Parcel 4311207 was extracted from the previous MXPUD development plan. Proffered conditions on this parcel set forth in August 2C14 were repealed along with a change in zoning (to CG with Proffered Conditions) to allow for the development of a car wash facility by Parkside Express Wash, LLC. The project was another welcome addition to the neighborhood, providing a needed service to residents, commuters along Dale Avenue, and added an additional quality commercial structure along Dale Avenue. REQUEST This zoning amendment request is being made to accommodate the proposed Self Storage Building use on Parcel D. However, no substantial changes are proposed to the Parkside Commons masterplan. On Parcel D, the original masterplan plan provided for a 6,000 + /- square foot footprint contemplating a single -story retail /service use. This use would require an extended holding period for construction to become feasible. Given the proven viability of the Self Storage Building use, the proposed modification to the development plan would allow for immediate construction. The structure will serve as an expansion of Parkside Storage and be managed from the existing office located within the facility housed on Parcel B. Loading area has replaced the previously planned parking row, which is appropriate given the decreased parking requirement of Self Storage Building use in comparison to the previously contemplated Business occupancy. The proposed building will complement the existing structures and provide a harmonious use to the Parkside Commons development. The attached development plan (Exhibit C) and building renderings (Exhibit D) illustrate the layout of the improvements and attractive building design proposed. To align with recent zoning ordinance amendments related to Self Storage Building use, the request to rezone Parcel D from 1 -1, Light Industrial District to MXPUD, Mixed Use Planned Unit Development has been made at this time. This rezoning is made to add continuity to the overall development. IMPACT ON NEIGHBORHOOD An increase from the contemplated 6,000 + /- square feet to 29,250 + /- square feet would be realized. Generally, an increase in square footage of this magnitude would increase development intensity. In this particular case however, a similar or even decreased intensity will be realized. Support for this assertion can be gathered from the 2012 IBC (Max Floor Area Allowances per Occupant - Table 1004.1.2) and the ITE Trip Generation Manual. These standardized indications suggest that a similar and decreased intensity (respectively) will be realized from the proposed Self Storage Building use. Considering the less intensive Self Storage Building use is a permitted use within MXPUD and all development regulations stipulated in the existing proffered development plan will remain in force, no impact to the surrounding property owners or neighborhood will be realized. To further ensure the development is not burdened by increased intensity, the development plan incorporates the development regulation limiting ancillary uses (allowable in MXPUD) to a maximum of 10% of gross building area on Parcels B & D. RELATIONSHIP TO COMPREHENSIVE PLAN This Project has been designed to be in conformance with the City's Comprehensive Plan. The site is designated as Village Center in the Morningside /Kenwood /Riverdale Neighborhood Future Land use Plan and the proposed development certainly fits within this designation. This Project maintains the concentration of higher density development in a designated village center as shown on the proposed site plan. The proposed development maintains the principles of orientating new commercial development in a village setting, and provides appropriate site design and pedestrian accommodations. This project further rejuvenates the formally dilapidated site and develops it with a use to serve the community. On behalf of JETR, LLC and Parkside Storage, LLC we are requesting approval of this application for zoning amendment. This project will continue the mission of Parkside Commons as a Village Center providing the surrounding community with necessary services while maintaining the character of the area and contributing to the success of the overall development. Exhibit A PARKSIDE COMMONS PROFFERED CONDITIONS TO BE REPEALED: The applicant hereby agrees to repeal the following conditions set forth in Ordinance Number 40032-08181. 1. The property will be developed in substantial conformance with the development plan, prepared by Balzer and Associates Inc., dated May 29, 2014 and last revised July 3, 2014, and attached hereto as Exhibit A, "Development Plan ", subject to those changes which may be required by the City of Roanoke during comprehensive development plan review. 2. The permitted uses in the 1 -1 zoned portion of the property will be limited to the following: warehouse; business service establishment, not otherwise listed; financial institution; laboratory, dental, medical, or optical; office, general or professional; office, general or professional, large scale; studio /multimedia production facility; bakery, confectionary, or similar food production, retail; building supplies and materials, retail; contractor or tradesman's shop, general or special trade; motor vehicle rental establishment with or without inventory onsite; dry cleaning and laundry pick -up station; general service establishment, not otherwise listed; retail sales establishment, not otherwise listed; eating establishment; eating and drinking establishment, not abutting a residential district; health and fitness center; artist studio; community garden; educational facilities, business school or nonindustrial trade school; post office; parking, off -site; utility distribution or collection, basic; wireless telecommunications facility, stealth; agricultural operations; accessory uses, not otherwise listed in the table. SITE INFORMATION. . .. a� -m xis.. I— — SSS ` s uO�LanE r L I :xly> IIIII\ J i O � I N f � \�� II p I IV i I � III . .. a� -m xis.. I— — ff�5'�'.. 0... SSS ` s uO�LanE r L I :xly> IIIII\ J i O � I N f � \�� II p I IV i I � III ff�5'�'.. 0... SSS ` s uO�LanE L :xly> IIIII\ O � I N f � \�� p IV i 0 J E p 3 y� k a I EX -A s,d �H 'b tapnrux � l60" h- I (I anspacnt Glai np) 9- r ------ Windows Gl ) T A1110 on IIMI! oil W1101 W, 11MMIMM Parcel B Building Elevations ���.��� Parkside Commons 5 •.•-••-- Rcaaokc,V(Rcvia 6 -53 (RCVi 014 sed 73- 21114) JL rR low ri NUNN all ME nvP k loq Legal Description: Beginning at a point 360 feet Northeast of 21" Street, S.E. along the Southerly right of way of Dale Avenue, S.E.; thence with Dale Avenue N73 °21'37 "E 100.00 feet to a point thence leaving Dale Avenue S16 °38'24 "E 32.97 feet to a point thence S31 "14'43"W 44.74 feet to a point thence S16 °3874 "E 66.97 feet to a point; thence with a curve to the left having a radius of 64.00 feet, an arc distance of 65.16 feet and a chord bearing and distance of S45 °48'32 "E 62.39 feet to a point; thence S74 °58'40 "E 138.67 feet to a point thence N16 "38'23"W 257.21 feet to a point; thence N73 °2 1'37 "E 158.75 feet to a point thence S16 °38'23 "E 66.90 feet to a point; thence S47 °56'47"E 52.68 feet to a point; thence S16 °38'23 "E 520.89 feet to a point; thence S70 "29137"W 401.87 feet to a point; thence N16 °38'23"W 652.90 feet the point of beginning containing 5.1879 acres and being comprised of T.M. 4311208 (Tract B3 -1), T.M. #4311209 (Tract 641), and T.M. #4311206 (Tract B1 -1) shown on plat recorded as Instrument #160003925 and T.M. #4311207 (Tract 82) shown on plat recorded as Instrument #150004723. Said parcels being located in the City of Roanoke, Virginia. PI NNM • ARCHiEC6 • ENGINERS • SURVEYORS ROAN • RICHMOND • NEW PN VALLEY . SHENANG AH VAI • HARMON&JRG I" Corporate Gd •Ro ke, VMWa 24018• (5q 772-9580, FAX i5q T/2-R050 wnwbabacC n IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 2014. No. 40032- 081814. AN ORDINANCE to amend § 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain properties within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, JETR, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have a portion of the property located at 2141 Dale Avenue, S.E., bearing Official Tax Map No_ 4311201 and the entire lot located at Zero Dale Avenue, S.E., bearing Official Tax Map No. 4311204, rezoned from CG, Commercial - General District, and CLS, Commercial -Large Site District, to MXPUD, Mixed Use Planned Unit Development District, and I -1, Light Industrial District, subject to certain conditions; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 18, 2014, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject properties, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that a portion of Official Tax Map No. 4311201 and the entire lot of Official Tax Map No. 4311204, located at 2141 and Zero Dale Avenue, respectively, be and are hereby rezoned from CG, Commercial- General District, and CLS, Commercial -Large Site District, to MXPUD, Mixed Use Planned Unit Development District, and 1 -1, Light Industrial District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 2 dated July 3, 2014, 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. SITE INFORMATION - sw E °¢ -� MONTCLAIR AVE ROW. I Al Cp i — o. I w._ o FALCON AVE ROW a i({ - EL C' �� 4hq ��aG`ry 0 ¢r d \LEAVE RT 24 - e "' " °"0t DALE AVE. RT 20 JEX LEFT TVRN INE I_/ __ - -.- 6 .... sw E °¢ -� MONTCLAIR AVE ROW. I Al Cp i — o. I w._ o FALCON AVE ROW a i({ - EL C' �� 4hq ��aG`ry 0 ¢r d \LEAVE RT 24 - e "' " °"0t DALE AVE. RT 20 JEX LEFT TVRN INE I_/ __ - -.- 6 .... ZONING DISTRICT MAP 2126, 2129, 2133, 2137 Dale Ave. SE Official Tax Parcel: 4311209, 4311207, 4311208, 4311206, respectively ®Area to be Rezoned Zoning AD'. Airport Dev CG. Commercial- General CLS. Commercial Large Site ON Commercial - Neighborhood Downtown 1 -1'. Light Industrial 1 -2 Heavy Industrial IN Institutional O INPUD. Institutional Planned Unit Dev IPUD: Industrial Planned Unit Dev MX'. Mixed Use MXPUD Mixed Use Planned Unit Dev R -12 Res Single- Family R -3. Res Single Family R -5 Res Smgle- Family R4: Res Single -Family RA Res-Agricultural RM -i. Res Mixed Density RMI Res Mixed Density RMF. Res Multifamily ROS. Recreation and Open Space - UF. Urban Flex r Conditional Zoning N t. 0 100 200 Feet MONTCLAIR AVE - - i, KENWOOD BLVp STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540)8531145 E -mail: xlerk(,iuoanokevu.SOv The Honorable Sherman A. Holland Commissioner of the Revenue Roanoke, Virginia Dear Mr. Holland and Ms. Powers: July 18, 2017 CEC ELIA F. MCCOY Deputy City Clerk CECELIA T. W EBB, CMC Aeri,tuat Deputy City Clerk The Honorable Evelyn W. Powers City Treasurer Roanoke, Virginia I am forwarding an attested copy of Ordinance No. 40876 - 061917, which has been properly executed by Southeast Rural Community Assistance Project, Inc., (SERCAP) and 347 West Campbell LLC, for purposes of assessment and collection of the service charge established by this Ordinance. Sincerely, C� VR°17- Cecelia F. McCoy Deputy City Clerk Enclosure c: Hope F. Cupit, President and Chief Executive Officer, Southeast Rural Community Assistance Project, Inc., 347 Campbell Avenue, S. W., Roanoke, Virginia 24016 Jonathan D. Puvak, Gentry Locke Attorneys, P. O. Box 40013, Roanoke, Virginia 24022 -0013 Sherman M. Stovall, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Susan Lower, Director, Real Estate Valuation R.B. Lawhorn, Budget Administrator, Management and Budget Hope F. Cupit President and Chief Executive Officer Southeast Rural Community Assistance Project, Inc. 347 Campbell Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Cupit: I am enclosing a copy of Ordinance No. 40876 - 061917 exempting from real estate Property taxation certain real property, including the land and any building located thereon, identified as Official Tax Map No. 1010827, known as 347 West Campbell Avenue, S.W., with the exception of approximately 200 sq. feet of the Property which is leased by the Applicants to Geneva Peyton, a private tenant, and exempting certain personal property, including office equipment, chairs, book shelves, filing cabinets, software, and a phone system, two 2009 Chevrolet Vans and a 2009 Chrysler Mini - Van, which shall be used by the Applicants exclusively for charitable purposes on a non - profit basis; located in the City of Roanoke owned by Southeast Rural Community Assistance Project, Inc., a Virginia non - stock, non - profit corporation, devoted exclusively to charitable or benevolent purposes on a non - profit basis, and 347 West Campbell LLC, a Virginia limited liability company, and a wholly owned subsidiary of SERCAP. The tax exemption granted the Applicants pursuant to Ordinance No. 40876 - 061917 shall be further conditioned upon Applicants filing with the City of Roanoke Office of Management and Budget, on an annual basis by September 1, (i)a copy of the current IRS Form 990 for Southwest Rural Community Assistance Project, Inc.; (ii)certification from SERCAP and 347 West Campbell, LLC that SERCAP is the sole member and manager of 347 West Campbell, LLC; and (iii)copies all extensions, amendments, and renewals of leases or licenses between Applicants and Geneva Peyton. Furthermore, the City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicants, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge and leasehold tax established by Ordinance No. 40876- 061917, and to Hope F. Cupit, CPA, President and CEO, Southwest Rural Community Assistance Project, Inc., 347 Campbell Avenue, S.W., Roanoke, VA, 24016. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chureh Avwme, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telepnu „e: (540)853-2541 Fax: (540)853 -1145 .STEMIANIF M. MOON REVNOLDF, MMC E -mail: derk(nhuannkeve.gov (ip (W,k CECELIA F. MCCOV Deputy C'hy Clerk C ECELIA T. W EBB, CM(' June 20, 2017 A,siemat DM-(V Cily aerk Hope F. Cupit President and Chief Executive Officer Southeast Rural Community Assistance Project, Inc. 347 Campbell Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Cupit: I am enclosing a copy of Ordinance No. 40876 - 061917 exempting from real estate Property taxation certain real property, including the land and any building located thereon, identified as Official Tax Map No. 1010827, known as 347 West Campbell Avenue, S.W., with the exception of approximately 200 sq. feet of the Property which is leased by the Applicants to Geneva Peyton, a private tenant, and exempting certain personal property, including office equipment, chairs, book shelves, filing cabinets, software, and a phone system, two 2009 Chevrolet Vans and a 2009 Chrysler Mini - Van, which shall be used by the Applicants exclusively for charitable purposes on a non - profit basis; located in the City of Roanoke owned by Southeast Rural Community Assistance Project, Inc., a Virginia non - stock, non - profit corporation, devoted exclusively to charitable or benevolent purposes on a non - profit basis, and 347 West Campbell LLC, a Virginia limited liability company, and a wholly owned subsidiary of SERCAP. The tax exemption granted the Applicants pursuant to Ordinance No. 40876 - 061917 shall be further conditioned upon Applicants filing with the City of Roanoke Office of Management and Budget, on an annual basis by September 1, (i)a copy of the current IRS Form 990 for Southwest Rural Community Assistance Project, Inc.; (ii)certification from SERCAP and 347 West Campbell, LLC that SERCAP is the sole member and manager of 347 West Campbell, LLC; and (iii)copies all extensions, amendments, and renewals of leases or licenses between Applicants and Geneva Peyton. Furthermore, the City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicants, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge and leasehold tax established by Ordinance No. 40876- 061917, and to Hope F. Cupit, CPA, President and CEO, Southwest Rural Community Assistance Project, Inc., 347 Campbell Avenue, S.W., Roanoke, VA, 24016. Hope F. Cupit June 20, 2017 Page 2 Lastly, the Applicants acknowledge that if any of the foregoing conditions are not met, the City reserves the right to terminate the tax exempt status of the Property. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect on July 1, 2017, if by such time a copy, duly executed by an authorized officer of the Applicants, has been filed with the City Clerk. Sincerely, C,, --)-. Cecelia F. McCoy Deputy City Clerk Enclosure c: Jonathan D. Puvak, Gentry Locke Attorneys, P. O. Box 40013, Roanoke, Virginia 24022 -0013 The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, City Treasurer R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Susan Lower, Director of Real Estate Valuation Luke Pugh, City Engineer Amelia C. Merchant, Director of Management and Budget )Q IN "'HE COUNCIL OP THE, C1 9'Y OF ROANOKE, VIRGINIA The 19th day of June, 2017. No. 40876 - 061917. AN ORDINANCE exempting from real estate property taxation certain real property, and exempting from personal property taxation certain personal property, located in the City of Roanoke owned by Southeast Rural Community Assistance Project, Inc., (SERCAP), a Virginia non - stock, non- profit corporation, devoted exclusively to charitable or benevolent purposes on a non -profit basis, and 347 West Campbell LLC, a Virginia limited liability company, and a wholly owned subsidiary of SERCAP; providing for an effective date, and dispensing with the second reading by title of this ordinance WHEREAS, SERCAP and 347 West Campbell LLC, (hereinafter "the Applicants "), have petitioned this Council to exempt certain real property of the Applicants from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, the Applicants have petitioned this Council to exempt certain personal property of the Applicants from taxation pursuant to Article X, Section 6(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicants' petition was held by Council on June 19, 2017; WHEREAS, the provisions of subsection I3 of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicants agree that the real property to be exeml)t from taxation is certain teal estate, including the land and any building located thereon, identified by Roanoke City 'fax Map No. 1010827, and commonly known as 347 West Campbell Avenue, S.W., Roanolm, Virginia, (the "Property"), and owned by the Applicants, which shall be used by the Applicants exclusively for l: 1M1haeurus1 1 1""t l SIIRCAI' n J I "W, ", 1,dl I I (, J uud ju,l �,l ","gyp b I2J"', charitable or benevolent purposes on a non -profit basis, with the exception of approximately 200 sq. 0, ul the Property which is leased by the Applicants to Geneva Peyton, a private tenant (hereinafter, the "Leasehold "); WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicants have 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 Property, including the Leasehold, were the Property not exempt from such taxation, for so long as the Property is exempted From such taxation; WHEREAS, 347 West Campbell LLC has demonstrated through its filing of IRS form 990 that its tax status is disregarded for federal income tax purposes; and WHEREAS, the Applicants agree that the personal property to be exempt from taxation is certain personal property, including office equipment, chairs, book shelves, filing cabinets, software, and a phone system, two (2) 2009 Chevrolet Vans and a 2009 Chrysler Mini -Van, which shall be used by the Applicants exclusively for charitable purposes on a non-profit basis. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: I. Council classifies and designates Southeast Rural Community Assistance Project, Inc., (SERCAP) a Virginia non - stock, non -profit corporation, and 347 West Campbell LLC a Virginia limited liability company and a wholly owned subsidiary of SERCAP, as charitable or benevolent organizations within the context of Sections 6(a)(6) and 6(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 1010827, and commonly known as 347 West Campbell Avenue, S.W., Roanoke, Virginia, and owned by the Applicants, which property is used exclusively for charitable or benevolent purposes on a non - profit basis, with the exception of the Leasehold; continuance of this exemption shall be contingent on the continued use of the Properly K 1 111 1 mmpl N1 W AP n ld W Wul ('pinVhdl 1A ( Fein find peisnnol pniPca)' 6 17 Jnev in accordance with the purposes which the Applicants have designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicants agree 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 Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. The tenant to which the Applicants lease the Leasehold will be assessed a leasehold tax by the City in accordance with applicable law. 3. Council hereby exempts from personal property taxation certain personal property, including office equipment, chairs, book shelves, filing cabinets, software, and a phone system, two (2) 2009 Chevrolet Vans and a 2009 Chrysler Mini -Van, owned by the Applicants, which property is used exclusively for charitable purposes on a non -profit basis; continuance of this exemption shall be contingent on the continued use of the personal property in accordance with the purposes which the Applicants have designated in this Ordinance. 4. The tax exemption granted the Applicants pursuant to this Ordinance shall be further conditioned upon Applicants filing with the City of Roanoke Office of Management and Budget, on an annual basis by Seplember 1, Wa copy of the current IRS Form 990 for Southwest Rural Community Assistance Project, Inc.; (ii)certification from SBRCAP and 347 West Campbell, LLC that SFRCAP is the sole member and manager of 347 West Campbell, LLC; and (iii)copics all extensions, amendments, and renewals of leases or licenses between Applicants and Geneva Peyton. Applicants acknowledge that if a y of the foregoing conditions as not met, the City reserves the right to terminate the lax exempt status of the Property. 5. This Ordinance shall be in full Ibrce and effect on July 1, 2017, if by such dine a copy, duly excculed by an authorized ofit Ccr of the Applicants, has been filed with the City Clerk. 6. 'I he City Clerk is directed to Ibrward an attested copy of this Ordinance, aRer it is A 1p1 cmv-1 "liz LAaupl S W AP 111d 1 -17 4C¢I o' 1,1,dl 1 1 l'real unJ V��nnn'.J prupnl� 1, 17.Jucv properly executed by the Applicants, to the Commissioner of the IICVCIIne and the City Treasurer fnr purposes of assessment and collection, respectively, of the service charge and leasehold tax established by this Ordinance, and to Ilope P. Cupit, CPA, President and CFO, Southwest Rural Community Assistance Project, fns., 347 Campbell Avenue, S. W., Roanoke, VA, 24016. 7. 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 Southeast Rural Community Assistance Project, Inc., a Virginia non - stock, non - profit corporation, and 347 West Campbell LLC, a Virginia limited i liability company, this 1 t day of , QJ� _ , 2017. Southeast Rural Community Assistance Project, file. Tills: � 347 West Campbell LLC Na ` —� -- Nam lilMC:uua,t 1.1, 1 S R('APand 317 Wni(' m h p JlI_U'auk:w,l V�': +�::I:I pwpca) G 17d:¢x eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 19, 2017 Subject: Tax Exemption of Real and Personal Property Request - Southeast Rural Community Assistance Project, Inc. (SERCAP) and 347 West Campbell LLC (CM 17-00069) Background: 347 West Campbell, a Virginia limited liability company, owner of real estate known as 347 West Campbell Ave., S.W., and a wholly owned subsidiary of Southeast Rural Community Assistance Project, Inc. (SERCAP) a Virginia non - stock, non - profit corporation, have filed for tax exemption of real and personal property located in the City, at 347 West Campbell Avenue SW (Official Tax Map #1010827). The organization desires the property to be designated as exempt from real estate and personal property taxes pursuant to the provisions of the Code of Virginia. SERCAP was organized in August 1969 as Demonstration Water Project and incorporated under Virginia law as the Virginia Water Project, Inc. in January 1976. SERCAP is part of a national network of non - profit organizations dedicated to empower and assist rural low income people to improve the quality of life in their communities. SERCAP seeks to cultivate, support, promote and encourage potable and waste water systems by and for the people in a seven state service area. SERCAP acquired the property of 347 W. Campbell Avenue in 2006. SERCAP has made substantial improvements to the building located on the property. The Director of Real Estate Valuation, pursuant to 32- 101.20 et seq. of the Code of the City of Roanoke (1979) as amended granted SERCAP a rehabilitation tax credit for the rescue, repair and rehabilitation of its building. The tax credit lasted for a period of five years. The expiration of the rehabilitation tax credit has resulted in an increase in real estate taxes for SERCAP. SERCAP has implemented numerous projects throughout Virginia and the Roanoke Valley region. One project included a Loan Fund Program to help low - income rural communities fund water and waste water system upgrades and new construction of facilities. One example of SERCAP's ability to leverage in -kind service dollars for the Roanoke City's neighborhoods is its VFC- Alternative Break Program. The program relies on the efforts of community partners and volunteers to join in service projects that directly improve the quality of life of City residents. At present, annual real estate taxes due on the parcel are $13,654 on a total assessed value of $1,119,200. Annual personal property taxes are $1,768 on a total assessed value of $51,258. The personal property consists of office equipment including chairs, book shelves, file cabinets, software, phone system and three vehicles. The vehicles are a 2009 Chevrolet Van (VIN# 1GCFG15x391 1 1 8066), 2009 Chevrolet Van (VIN# 1GCFG15z391148488), and 2009 Chrysler Mini Van (VIN# 2A8Hr44EX9R529912). The organization is current on both its real estate and personal property taxes. 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, Southeast Rural Community Assistance Project Inc. and 347 West Campbell LLC has provided the necessary information required for applications for exemptions that would take effect July 1, 2017. As noted above, the assessed value of the property is currently $1 ,119,200 with annual taxes due of $13,654. In lieu of the $13,654 in real estate taxes, the organization would agree to pay to the City an annual service charge equal to twenty percent of the tax levy on the parcel for as long as the exemption continues. In this case, based on the current assessed value, the service charge amount would be $2,730. Consequently, the City would be foregoing $10,923 annually in real estate revenue. This real property is located within the downtown service district. SERCAP must continue to pay the additional service district tax. There is no service charge levied on personal property exempted from personal property tax; it is 100% exempt. Based on this current year's taxes, the City would be foregoing $1,768 in personal property revenue. It should be noted that SERCAP leases a small portion of its property, approximately 200 square feet, to a private individual. The twenty percent service charge SERCAP will be required to pay in lieu of the real estate tax will be based on the total area of the building, including this leased area. The tenant of leased area will be subject to a leasehold tax in accordance with state law. Commissioner of the Revenue, Sherman Holland, 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. Notification of a public hearing to be held June 19, 2017, was duly advertised in the Roanoke Times. Recommended Action: Adopt an ordinance to authorize Southeast Rural Community Assistance Project, Inc. and 347 West Campbell LLC exemptions from real and personal property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective July 1, 2017. R. Brian Townsend Acting City Manager Distribution: Council Appointed Officers Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Management and Budget Barbara A. Dameron, Director of Finance Jonathan D. Puvak, Gentry Locke Attorneys PO Box 40013 Roanoke, VA 24022 -0013 The Roanoke Times Roanoke, Virginia Affidavit of Publication 9EMFRY tee KE CIO 00 1 F IJ,AKe5Ijl8EL NOEL C. TAYLOR MUNICIPAL BUILDING 215 CHURCH AVENUE, S. W., ROOM 456 ROANOKE. VA 24011 &+ 01"'S Wile Account Number 6011758 Date June 12, 2017 Data Category Description Ad Size Total Cast 0611812017 Legal Notices NOTICE OF PUBLIC HEARING Notice is hereby given that in 1 x68 L 380.08 NOTICE OF PUBLIC HEARING Tne e ", �or s.a.ese ` s.eeza ` a���airo $ ...... ,sze °,° 11 20 7 11 ime c `ElIr` iaczeoie`11 i °sn., a zoo N..I Publisher of the Roanoke Times I, )the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 06I12I2017 The First insertion being given ... 06/12/2017 Newspaper reference: 0000550082 B (ling Representative Sworn to and subscribed before me this Monday, June 12, 2017 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU onmunurr,v Notary Pu ' �,'t, lE STA7F orlw' State of ? rp0 nECISp ONNO City/County of Roanoke = - mVirginia My Commission expires Io h 3 '. rrnc MM'r9823x!yv�laes: '. O ViPit .G: PUO�\x THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU lox 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 19, 2017, commencing at 7:00 p.m., in the Council Chamber, 4 "' Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, or as soon thereafter as the matter may be heard, on the question of adoption of an ordinance pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended, approving the request of Southeast Rural Community Assistance Project, Inc., (SERCAP) a Virginia non- stock, non - profit corporation, and 347 West Campbell LI.C, for designation of its real property, identified as Official Tax Map No. 1010827, and located at 347 West Campbell Avenue, S.W., Roanoke, Virginia, as exempt from taxation; and approving the request of Southeast Rural Community Assistance Project, Inc., a V irginia non- stock, non -profit corporation, and 347 West Campbell, LLC, for designation of its personal property as exempt from taxation. The total assessed value of the applicants real estate for which tax exemption is being sought, is $1,119,200 for the 2017 tax year, with a tax of $13,654. The loss of revenue will be $10,923 annually after a 20% service charge is levied in lieu of real estate taxes. The total assessed value of the applicants personal property for tax year2017 is $70,554, with a total personal property tax assessment of $1,768 for the 2017 tax year. 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, at (540)853 -2541, by 12:00 Noon on Thursday, June 14, 2017. GIVEN under my hand this 12thday of June , 2017. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish in The Roanoke Times, Legal Notices, once on Monday, June 12, 2017. Send Certification/Affidavit to: Stephanie M. Moon Reynolds, MMC, City Clerk Noel C. Taylor Municipal Building 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 Send Invoice to: John Puvak, Counsel Gentry Lock 10 Franklin Road, S. E. Suite 900 Roanoke, Virginia 24011 (540) 983 -9300 p CITY OF ROANOKE OFFICE OF THE CITY CLF,RK 215 ('hurch Avenue, S. W., Sonic 456 Rnanuk', Vlrkinin 24011 -1536 PC I C I) I Loll C: (541) 85 }2541 I :., (541) N51 -1145 til'lil'IIANII{AI.MOON It I'.v N(n.n \, AIMC Email: c1,,'knr i..... n'a.4n� CIX ELIA F. N1('CON ('i ('ily ('It, k Dellllp' ry' ('ICr k ('IX ELIA'1'. WI:1111, ('M(' A%%i.alanl DePnly('it, Clerk April 18, 2017 R. Brian Townsend Acting City Manager Roanoke, Virginia Dear Mr. Townsend: I am attaching copy of a petition from 347 West Campbell, LLC, a Virginia limited liability company, and wholly -owned subsidiary of Southeast Rural Community Assistance Project, Inc., a Virginia non - stock, not - for -profit corporation, dated April 14, 2017, which was filed in the City Clerk's Office on Friday, April 14, 2017, requesting exemption from taxation of real and personal property located at 347 West Campbell Avenue, S. W., Official Tax Map No. 1010827, 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 Acting 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. Stephanie M. Moon Reynolds, M City Clerk Attachment PC: Jonathan D. Puvak, Counsel for 347 West Campbell Avenue, LLC, Gentry Locke, 10 Franklin Road, S. E., Suite 900, Roanoke, Virginia 24011 The Honorable Sherman A. Holland, Commissioner of the Revenue Daniel J. Callaghan, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Administrator GENTRY LOCKE Attorneys April 14, 2017 VIA FL4ND DEL /VERY Stephanie M. Moon Reynolds, MMC City Clerk City of Roanoke 215 Church Street, S.W. Room 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 Jonathan D. Puvak puvak @genoy1mke.mm P: (540) 983 -9399 F: (540) 983 -9400 Re: Southeast Rural Community Assistance Project, Inc. and 347 West Campbell, LLC, Petition for Exemption from Taxation of Real and Personal Property Dear Ms. Reynolds: On behalf of 347 West Campbell, LLC ( "347 West Campbell "), a Virginia limited liability company and a wholly owned subsidiary of Southeast Rural Community Assistance Project, Inc. ( "SERCAP "), a Virginia non - stock, non -profit corporation, we hereby submit a Petition for Exemption from Taxation of Certain Property Pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia for property located at 347 West Campbell Avenue, S.W. in the City of Roanoke, Virginia. On November 15, 2016, SERCAP submitted its request for tax exemption to The Honorable Sherman A. Holland, Commissioner of Revenue for the City of Roanoke. On January 25, 2017, the Commissioner of Revenue advised SERCAP that based on the information provided, the property was not eligible for exemption by classification of designation. Since 2008, SERCAP and 347 West Campbell have made substantial financial investments in the property and improvements located at 347 West Campbell Avenue and is proud to call the City of Roanoke its headquarters. Although SERCAP's services reach well beyond the geographical limits of the City of Roanoke, SERCAP has remained a proud citizen of the City of Roanoke and on numerous occasions has partnered with the City of Roanoke and its agencies to support the residents of the City of Roanoke and the Roanoke Valley. If the requested tax exemption is granted, SERCAP can allocate the tax funds to support its various programs. 10 Franklin R.nd SF, Suite 900 Roanoke, VA 24011 • PO Box 40013 Roanoke, VA 24022 -0013 Toll Free. 866,983 0866 20560/11/7974999,1 # GENTRY LOCKE Stephanie M. Moon Reynolds, MMC April 14, 2017 Page 2 For your review and consideration, enclosed please find the following information: 1. The Petition for Exemption; 2. A copy of SERCAP's letter to the Commissioner of Revenue; 3. A copy of the Commissioner's response letter to SERCAP; 4. Copies of organizational documents as filed with the Virginia State Corporation Commission; 5. Unsigned copy of the Amended and Restated Operating Agreement of 347 West Campbell; 6. Certificate of Fact for 347 West Campbell issued by the Virginia State Corporation Commission dated April 6, 2017; 7. Certificate of Good Standing for 347 West Campbell issued by the Virginia State Corporation Commission dated April 6, 2017; 8. Documentation from the IRS indicating SERCAP's federal tax exemption status as a 510(c) organization; 9. Property information and property map of 347 West Campbell Avenue, S.W.; and 10. Copy of the executed lease by and between 347 West Campbell and Geneva P. Peyton. 20560/11/7974999v1 00 GENTRY LOCKE Stephanie M. Moon Reynolds, MMC April 14, 2017 Page 3 We understand that following the review of the application materials by the City staff, a public hearing will be held for the City Council to take action on this request. We thank you for the City's consideration of this request. After review of the enclosed materials, should you have any questions or require additional information, please do not hesitate to contact me. Very truly yours, GENTRY LOCKE Jo than D. Puvak JDP:slc Enclosures cc: Ms. Hope F. Cupit Mr. R.B. Lawhorn, Budget Administrator, City of Roanoke Daniel J. Callaghan, Esq., City Attorney, City of Roanoke 20560111/7974999,1 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 5(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: Ia. Your Petitioners, 347 West Campbell, LLC (347 West Campbell), a Virginia limited liability company and wholly -owned subsidiary of Southeast Rural Community Assistance Project, Inc. ( SERCAP), a Virginia non - stock, not for profit corporation, owns certain real property, located at 347 West Campbell Avenue, S.W. in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID #1010827, with a total assessed value of $1,119,200.00 and a total of $14,448.84 in real property taxes that were paid in the most recent tax 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 including cultivation, support, promotion, and encouragement of potable and waste water systems for the residents of the Commonwealth of Virginia, as well as, Delaware, Maryland, North Carolina, South Carolina, Georgia and Florida, be exempt from taxation under the provisions of Article X, Section 6(a)(6) of the Constitution of Virginia so long as SERCAP is operated not for profit and the property so exempted is used in accordance with the purpose for which SERCAP is classified. lb. Your Petitioners, 347 West Campbell, LLC (347 West Campbell), a Virginia limited liability company and wholly -owned subsidiary of Southeast Rural Community Assistance Project, Inc. ( SERCAP), a Virginia non - stock, not for profit corporation, owns certain personal property, located at 347 West Campbell Avenue, S.W. in the City of Roanoke, Virginia, with a total assessed value of $70,554, and approximately $1,300 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 Section 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 including cultivation, support, promotion, and encouragement of potable and waste water systems for the residents of the Commonwealth of Virginia, as well as, Delaware, Maryland, North Carolina, South Carolina, Georgia and Florida, be exempt from taxation under the provisions of Article X, Section 6(a)(6) of the Constitution of Virginia so long as SERCAP is operated not for profit and the property so exempted is used in accordance with the purpose for which SERCAP is classified. 20560/11/796242Nv2 2. Your Petitioners, agree 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. 347 West Campbell, LLC currently leases approximately 200 square feet of the property to Geneva P. Peyton for her business use and a copy of the fully executed lease is attached hereto. Further, your Petitioners, acknowledge and agree that they will immediately notify both the City of Roanoke Commissioner of the Revenue and the City of Roanoke Treasurer in writing in each additional instance when the property, or any portion thereof, is being leased to another third party and provide the City with a copy of the fully executed lease. With the exception of the existing lease to Ms. Peyton, 347 West Campbell and SERCAP agree to include a provision in all leases of the property that the third parties shall be responsible for paying the City applicable leasehold taxes that may be assessed by the City. Petitioners acknowledge that if the foregoing conditions are not met, the City reserves the right to terminate the tax exempt status of the property. 4. Your Petitioners, if located within a service district, agree 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 Petitioners agree to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of SERCAP. The follow questions are submitted for consideration: (Q): Whether the organization is exempt from taxation pursuant to Section 501 (e) of the Internal Revenue Code of 1954. (A): SERCAP was granted exemption from taxation pursuant to Section 501 (e) of the Internal Revenue Code of 1954 on or about October 1977. 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, the Petitioners have never held an alcoholic beverage license and have no need or intent to acquire any such license. 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. 20560/11/7962428,2 (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 personal services or the contribution of in -kind or other material services. (A) No, the net earnings of SERCAP do not inure to the benefit of any individual. Yes, the services provided by SERCAP are funded primarily by federal, state, and local grants. 5. (Q): Whether the organization provides services for the common good of the public. (A): Yes, SERCAP provides services for the common good of the public through the cultivation, support, promotion and encouragement of potable and waste water systems for residents throughout Virginia, Delaware, Maryland, North Carolina, South Carolina, Georgia, and Florida. SERCAP has provided a number of programs to residents of the Roanoke Valley. For example, SERCAP has facilitated the VFC- Alternative Break Program which attracts volunteers to the region to join in service projects to improve the quality of life of City residents. In 2015 and 2016 over 5,760 volunteer hours were provided with a dollar value impact of approximately $116,000 (based on the equivalent dollar value provided by the Bureau of Labor Statistics). In 2015, SERCAP was invited to bid and successfully competed for a contract under the City's Community Development Block Grant award to rehabilitate four homes in the West End Center Housing Revitalization Project. SERCAP completed the four rehabilitation projects on time and within budget. Similarly, SERCAP provided a letter of support for the City's Lead Safe Housing Program grant application to HUD. The City was awarded the grant, and subsequently SERCAP is in current discussions with the City to partner in providing housing rehabilitation assistance with this important public health program. 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, 20560/11/7962428,2 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. 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): As a not - for - profit, SERCAP strives to devote as much of its funds to the furtherance of its public and charitable purposes. An exemption from the City of Roanoke will allow SERCAP and the Petitioner to divert the funds towards future water projects. Note: All tax exemption petitions submitted for consideration by City Council must be tiled with the City Clerks Office. 20560/11/96242gv2 THEREFORE, your Petitioners, 347 West Campbell, LLC and Southeast Rural Community Assistance Project, Inc., respectfully request to the Council of the City or Roanoke that this real property of your Petitioners be designated exempt from taxation so long as SERCAP is operated not for profit and the property so exempt is used by SERCAP for its charitable purposes. Respectfully submitting this 1316 day April, 2017. 347 West Campbell, LLC and Southeast Rural Community Assistance Project, Inc., its Sole Member By: Printed Name: Hope F. Cupit Title: President and CEO 20560111/1962428,2 Hope F. (',pit. CPA President R CEO Tern D. Le \xis Board Chair Southeast Rural Community Assistance Project, Inc. November 15, 2016 HAND DELIVERED The Honorable Sherman A. Holland Commissioner of Revenue City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 Re: Southeast Rural Community Assistance Project, Inc. ( "SERCAP ") Properly Tax Exemption Pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia Dear Mr. Holland: Southeast Rural Community Assistance Project (SERCAP), a Virginia non- stock, non - profit corporation, intends to seek tax exempt status from City Council for its real property located at 347 W. Campbell Ave., S.W., acquired on January 31. 2006, through its wholly -owned subsidiary 347 West Campbell, LLC, which is a disregarded entity for income tax purposes. SERCAP's real property, identified by official tax map number 1010827, has a total assessed value of $1,071,700. SERCAP is a non - profit- tax- exempt 501(c)(3) corporation under the Internal Revenue Code which provides services for the common good of the public. SERCAP was organized in August 1969 as Demonstration Water Project, and it incorporated under Virginia law as the Virginia Water Project, Inc. in January 1976. SERCAP is pan of a national network of non - profit organizations dedicated to empower and assist rural low income people to improve the quality of life in their communities. It seeks to cultivate, support, promote and encourage potable and waste water systems by and for the people in a seven -state service area, which includes Delaware. Maryland, Virginia, North Carolina, South Carolina, Georgia, and Florida. Since acquiring the property at 347 W. Campbell Avenue in 2006, SERCAP has made substantial improvements to the building located on the property. The director of real estate valuation, pursuant to § 32- 101.20 et seq. of the Code of the City of Roanoke, granted SERCAP a rehabilitation tax credit for the rescue. repair, and rehabilitation of its building. The tax credit lasted for a period of five 20560,'11;978'/682,1 J'CainpMU d.lnie.tiN RmnAe_ \'A $.1(116 Water Is Life- Phone (540) 345-1184 „ ,ynnra,ireap.xc Fax (540) 342 -293 years beginning July 1, 2011 and ending July 1, 2016. During that period, SERCAP paid a total of $5,958.12 in real property taxes each year. The expiration of the rehabilitation tax credit this year has resulted in a substantial increase in real estate taxes for SERCAP. SERCAP has been billed $14,448.84 for the 2017 tax year. Pa}mtent of the new tax amount will detract significant funds from SERCAP's mission to improve the quality of life for low- income individuals and provide resources and assistance to rural communities for the development of water and wastewater systems. By this letter, SERCAP requests confirmation that its real property qualifies for a tax exemption pursuant to Section 58.1 -3651 of the Code of Virginia. This Code Section vests local governing bodies with the authority to exempt from taxation, by classification or designation, any real property used exclusively for charitable or benevolent purposes on a non - profit basis, in accord with Article X, Section 6(a)(6) of the Constitution of Virginia. SERCAP uses all of its real property exclusively for charitable and benevolent purposes. SERCAP intends to seek tax exempt status from City Council. SERCAP has implemented numerous projects throughout Virginia and the Roanoke Valley region, including a Loan Fund Program to help low- income rural communities fund water and wastewater system upgrades and new construction of facilities, a Technical Assistance acrd Training Grant Program to provide community - specific training and technical assistance to low- income communities, and a Rural Community Facilities Development Program to help with the repair and development of water and wastewater systems. The real property and building located at 347 W. Campbell in the City of Roanoke serves as SERCAP's headquarters. One example of SERCAP's ability to leverage in -kind service dollars for Roanoke City's neighborhoods is its VFC Alternative Break Program. The VFC Program relies on the efforts of community partners and volunteers to join in service projects that directly improve the quality of life of City residents. In regards to volunteer activity for 2015 -2016 in the City of Roanoke, below is a breakdown by each calendar year: 2015 Cultural Arts for Excellence hosted St. Joseph's University, which sent 25 volunteers for a total of 800 volunteer hours. This reflects a total value of $18,848.00. 20560,11,7787682,1 ➢ Mt. Zion AME Church hosted Wake Forest University, which sent 12 volunteers for a total of 384 hours. This reflects the total value of $9,047.04. ➢ Mt. Zion AME Church hosted College of the Holy Cross, which sent 14 volunteers for a total of 448 hours. This reflects the total value of $10,554.88. ➢ Kingdom Life Ministries hosted Boston College, which sent 14 volunteers for a total of 448 hours. This reflects the total value of $10,554.88. The total of volunteer hours for 2015 comes to 2,880 hours and the total dollar amount for 2015 is $49,004.72. 2016 ➢ SERCAP hosted Michigan State University, which sent 10 volunteers for a total of 320 hours. This reflects the total value of $7,539.20. Cultural Arts for Excellence hosted St. Joseph's University, which sent 30 volunteers for a total of 960 hours. This reflects the total value of $22,617.60. Mt. Zion AME Church hosted Wake Forest University, which sent 12 volunteers for a total of 384 hours. This reflects the total value of $9,047.04. ➢ Mt. Zion AME Church hosted College of the Holy Cross, which sent 12 volunteers for a total of 384 hours. This reflect the total value of $9.047.04. ➢ Central Baptist Church hosted East Carolina University, which sent 10 volunteers for a total of 320 hours. This reflects the total value of $7,539.20. ➢ YMCA Express at Gainshoro hosted Lesley University, which sent 16 volunteers for a total of 512 hours. This reflects the total value of $12,062.72. m5e0/1 V7787682vi The total of volunteer hours for 2016 comes to 2,880 hours and the total dollar amount for 2016 is $67,852.80. The total of volunteer hours for every university for both years equals 4,960 hours at a total value of $116,857.60. This reflects the ink -kind donation of volunteer activity of the VFC— Altemative Break Program for 2015 -2016 just in the City of Roanoke. The dollar amount is based on $23.56 per hour which is an accepted figure derived by the Independent Sector based on Bureau of Labor statistics for 2016. Thank you for your determination as to whether the real property of SERCAP is Lax exempt. We are represented in this matter by Jonathan D. Puvak of Gentry Locke Attorneys and should you have any questions with respect to our request, we ask that you direct them to Mr. Puvak. Thank you in advance for your response. Very tml yours, H e pit cc: Jonathan D. Puvak, Esq. 2056011,7787682,1 COMMISSIONER OF THE REVENUE —� CITY OF ROANOKE ,n SHERNAY A. HOLLAND }q Yom✓ C011 RI' S 4:\IER r11 SFN (R4 � ( IIIF.RSOC tb'11 hup January 25. 2017 Ms. Hope F. Cupit. CPA. President & CEO Southeast Rural Community Assistance Project, Inc. 347 Campbell .Ave.. SW Roanoke, VA 24016 Re: Exemption of property owned by 347 West Campbell. LLC and located at 347 Campbell Ave., SW Parcel No. 1010827 Dear Ms. Cupit, We received your letter requesting tax exemption from real estate taxes from the City of Roanoke on the above captioned property. The above parcel is currently being taxed by the City of Roanoke for real estate taxes for the 2016 -17 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 an exemption for non -profit organizations through City Council. Should you have any additional questions please do not hesitate to call. Sincemlc. _42!f Sherman A. Holland land Commissioner of the Revenue SAH,jec Cc: Stephanie Moon Reynolds. City Clerk R.B. Lawhorn. Dept. of Management and Budget 215 Ch ... h A,,.., SW'. R,x.m _' ?I + RowwAe. Slr�inia ]AUl Phnn. 15 -04853'5' -1 w Fu, 11401851 -1115 nun. rnnn.. ..,nn COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION ARTICLES OF ORGANIZATION OF 347 WEST CAMPBELL LLC Pursuant to Chapter 12 of Title 13.1 of the Code of Virginia the undersigned states as follows: 1. The name of the limited liability company is: 347 West Campbell LLC 1 The address of the initial registered office which is located in the City of Roanoke, Virginia is: 10 South Jefferson Street, Suite 1800 Roanoke, Virginia 24011 3. A. The registered agent's name is Clark H. Worthy, whose business address is the same as the registered office. B. The registered agent is an individual who is a resident of Virginia and a member of the Virginia State Bar. 4. The post office address of the principal office of the limited liability company where the records will be maintained pursuant to Virginia Code Section 13.1 -1028 is: 347 West Campbell Avenue Roanoke, Virginia 24016 5. No member of The Company, or other person shall have authority to act for or bind the Company unless (a) the member or person is a manager, appointed by a majority of the members of the Company in accordance with the operating agreement of the Company, and (b) the member or person is authorized as a manager to an act or bind the Company pursuant to the operating agreement of the Company or any vote, resolution, or consent of a majority of the members in accordance with such operating agreement. Any third party dealing with a member or other person may rely without liability on the authority of such member or person as a manager or officer to act for or bind the Company provided that (a) such member or person presents the third party with a signed statement certifying that he is either a manager or officer of the Company and has such authority, and (b) the third party has no knowledge or notice that such member or person lacks such authority. 6. To the full extent that the Virginia Limited Liability Company Act (Chapter 12 of Title 13. 1), as it exists on the date hereof or may hereinafter be amended (the "Act'), permits the limitation or elimination of the liability of a member and manager, a member or manager of the limited liability company shall not be liable to the limited liability company or its members for monetary damages. If elimination of the liability is not permitted, the limitation of liability shall be (1) $1.00 or the minimum amount allowed to be stated by such Act if a specific dollar amount is required to be stated or (2) the full extent of the limitation set forth in such Act if no specific dollar amount is required to be stated. The limited liability company shall indemnify an individual made a party to a proceeding because he is or was a member or manager of the limited liability company against liability incurred in the proceeding if he conducted himself in good faith, and he believed, in the case of his conduct in his official capacity with the limited liability company, that his conduct was in its best interest; and in all other cases, that his conduct was at least not opposed to its best interests and in the case of any criminal proceeding, he had no reasonable cause to believe his conduct was unlawful. The determination of whether a member or manager has met this standard of conduct shall be determined in the manner fixed by statute with respect to statutory indemnification. The limited liability company may not indemnify (1) in connection with a proceeding by or in the right of the limited liability company in which the member or manager was adjudged liable to the limited liability company, or (2) in connection with any other proceeding charging improper personal benefit to him, whether or not involving action in his official capacity, in which he was adjudged liable on the basis that personal benefit was improperly received by him. The limited liability company shall pay for or reimburse the reasonable expenses incurred by a member or manager who is a party to a proceeding in advance of final disposition of the proceeding if (1) the member or manager fiunishes the limited liability company, a written statement of his good faith belief that he has met the standard of conduct described herein, (2) the member or manager f rmishes the company a written undertaking, executed personally or on his behalf, to repay the advance if it is ultimately determined that he did not meet the standard of conduct, and (3) a determination is made that the facts then known to those making the determination would not preclude indemnification. All terms defined in Article 10 of the Virginia Stock Corporation Act (Chapter 9 of Title 13.1) as adopted by reference in the Act and as enacted and in effect on the date of these articles of organization, shall have the same meaning when used in this article. In the event that any provision of this article is determined to be unenforceable as being contrary to public policy, the remaining provisions shall continue to be enforced to the maximum extent permitted by law. Any indemnification under this article shall apply to a person who has ceased to have the capacity referred to herein, and may inure to the benefit of the heirs, executors and administrators of such a person. Any amendment to or repeal of this 2- article shall not adversely affect any right or protection of a member or manager of or with respect to any acts or omissions of such member or manager occurring prior to such amendment or repeal. Notwithstanding the foregoing, payments under this article with respect to a claim for indemnification shall be reduced to the extent the member or manager has not made reasonable efforts to reduce the amount of an indemnified loss by ,seeking contributions from other sources. 7. Signature: December 19, 2005 Clark H. Worthy, Organizer -3- COMMONWEALTH- OF VIjRGIN1,r CLINiON MIUFR CHAIRM4N JOEL H. PECK MARK C. CHRISTE CLERK OF TIE COMMISSION COMMISSIONER P.O. BOX 1197 RICHMOND, VIRGINIA 2321 &1197 THEODORE V. SIONIE ON. JR. COMMISSIONER Im. STATE CORPORATION COMMISSION Office of the Clerk December 29, 2005 CASEY E DUGAN LECLAIR RYAN ET AL 1800 WACHOVIA TOWER DRAWER 1200 ROANOKE, VA 24006 RE: 347 West Campbell LLC ID: S174495-4 DCN: 05 -12 -22 -4078 Dear Customer: This is your receipt for $100.00, to cover the fees for fling articles of organization for a limited liability company with this office. The effective date of the filing is December 29, 2005. If you have any questions, please call (804) 371 -9733 or toll -free in Virginia, 1- 866 - 722 -2551. Sincerely, Joel H. Peck Clerk of the Commission DLLCRCPT LLNCD CIS0363 TVW BWlding I= Ent Main StGOL Richmond, VA 2]218 -]610 Cl**'. OBke (OW) 27147]1 or 18118) ]3 -M, tW114rn in V601n1a) vraw.uuvlr01n1a0oN01H01oN01k Tekcmmn "Ii Vow De m M. U6 MDNd.: (604) 2714266 STATE CORPORATION COMMISSION lit' hmond, December 29, 2005 This is to certify that the certifccate of organization of 347 West Campbell LLC was this day issued and admitted to record in this office and that the said limited fia6iCity company is authorized to transact its business subject to all Virginia laws applica6le to the company andits business. Effective date. (December 29, 2005 State Corporation Commission G1 Attest: M . oa /� CIS0363 fl ff ff DIf GGN3 r �+� re n��'1 ' °�' ♦� i 1 1 1 .t 1 1 � P Cgrrfifg f11r A0110fuing from f11e Asxnrbs of f11E Gramission. On May 31, 1996, by amendment of its articles of incorporation, the name c VIRGINIA WATER PROJECT. INC. was changed to SOUTHEAST RURAL COMMUNITY ASSISTANCE PROJECT, INC.. Nothing more is hereby certified. CIS20�u7 'sign, nn1 irafrb of Pirhmanil all fhl8 Pgr: September 21. 1998 *111ivm I PP ibgv' (11sr vi f)fe gv mieaRt ivn Vi, I, . I � f ART ELLS CI' P:C CRrGRl, ^iOa I OF VIRG,11, JAT °_R PRCJLCT, :P:C- T he'und ors igncd person, acting as incorporator of a nonprofit corporation VI%icr the provrsaon.r o: the vire5nia Nonstes, Corporation Act (this act n� amended from -Lime to "9d is neferr rA to herein as the "Act ") , adepts the following Articles -of. Incorporation. ARTICLn I qh.e -name of the ccrporation is 9 -giniz luatcr Project, Inc. ARTICLE II The .pwiposes for.mhi.h the Corporation is biganized ¢. as "(a) To culsivote,. II.—Is and encc va ge p.EnDie and waste water systems by Ind for all f the peop ie of ire state of Virginia (y) To concoct any and all lai. u- affair. for which corporations may be incavp.rat.d vnd— he Act. II (c) To have and cl:arcise all the general { powers acecrded to sin it a< coeucrticns by the lams of the State of Vivgimc or by the laws of any;othd. state .r territory in vhicr Lhis corn. - goti.n may do rosindss as now existing herein dr- hereafter enacted. Nctvitrstacdiny cnythiny herein to the C,1r,,,ry, d +c Corporation shall exercise only sash po: m's n., arc m furtherance . L.,)c cmPt p'�r see .`erlH in Sncti.n of "Ol�.n eu I 501 (c)1J) of t'nc Incornnl vr. n:.uc Cats of 1951 .i and Cho i.c9n`_a ciao theraun {cr ns the scam now Bala[ or ns they ¢ay be 'r.cxcaf tar nm and ed from time to time, and the Corporation shall nal attempt to influence lc9i slnci on by - �,propegenda or ache nd se, nor shall it intervene ink;, az participate in, nay political campaign candidate for Public office, onibchalf of nnY pu hand, further, no part of the nee earnings of this Corporation shall -Inure to the benefit of any private member or moil ucal and no member, I di, actor, or officer of the Corperat der, shall • d receive any pecunfazy benefit from the Corp, Fation, accept such rea_oa, I,, compensation as may: be allm,ed for s—,lc, ac[v t!ly c"c'.red to e inn the COrpozatian affecting one o mere Of n its purposes. Ak11CLE :II The cbzper at ton Is to have no memholc. ARTICLE IV Eh ... C for the initial -ecord of Direc.or s, vhase names are set forth herein, the Board of Lire¢cra shall be elected or appointed by the Roar¢ of Directes; for the ttrn of one yea_ and in the manner provided in the bylaw.. A FTIC L- V In the event of liquidation Or dieecluti.o Of the LCorporation, r,hetl:cr volun tarp or .nvoluntnry, he member shall "• be en ti t: ed to any diI t ib. iL ion cr. d'_ri 8 c of 4 t rcoo i 11 inq pzopcTCyor it: F= ctecda, and the ba hoot o. all money and Oiher property received by the Corporation from ally source, after the pn ym n of all debLn anti oblige. Linos of the COrptraciOV, shall be u10 . or df:: L i bit,: 0 , _o bj, c .v '.. I c n.„ 1 c( a eo arc e proper I 5.3 : I7S I jurisdiction as pre vidcd ty 1a,+, c I Iivc iy fOr P',,rposcs .,ichfn those set forth in .laeicle I1 hcrcir and „nel',in thr, incends`,ant Of section 501 CC) (3) on the Internal Ravenue Code of 1959 and the Regulations thereunder as the snm,_ no, cuist or as dray msy be herea£tor amended from Linn to tio.e. ARTICLE V?. The address of the initial registered office Of the COrporation is 310 Seven-0-Seven Building, City of Preachu, VSrginial 24011. The name of the initial registered agent of the Corporation, an individcal resident in the Scat. of Virginia and a member of the Virginia State Dar, vhcse business office is at the above address, is Charles D. 1'ox, III. ARTICLE VII I. The number Of Directors con SCILVting th. Initial Board of. Directors is three." Tbc names and addresses of the persons faho are to serve as the inttal director's are as follows: Theodora S. _dlich, III P. O. Be., 2f68 Roanoke, Virginia 24001 • Harvey jchnson - - -/ P. 0. Box 1075 Norf.IY., Virginia 23569 Charles D. Fox, III P.O. Be. 12147 - $odo o},e, Vir clnie 24024 ARTICLE VSI1 ` I The carFOration shall inO Cn.n i[y each director and officer 'Against liabilities lime lud ing judemn a and fines and reasonable attorney's fees, cost, and expenses) incurred by him in connection wf eh any actual or thrantan.d no Lion, suit o �' pracceding4 .,h ether cry il, ci iAinal, eulminic Lfative, arbitrative z invextigative, (any, of whim is hn'cinofter re[crr.d to as a "proceeding"), to rahich he ma, ba mode a party by reason Of has being or imvi ng been a dir 0, ,.r cf i ice, of the cozpo r a ti onl I 2 I I 3"ce'L in relation to . _ cuu n which hs has been 1 0 .. adjudged liable 'because of will:"' misconduct, had faith or gross negligence involved in the conduct of his office "r, in relation: to any crimina'_ pr..aaJng, in which he h:A re... n. a cause to believe his conduct u.s unlawful (any of +,Mf h bcha.vior is her nafter referred to as misfeasance ^!. in the event of the disposition of any proceeding , +:hich no deter .... .ion of misfeasance has been mada, such indemnity sh,11 be conditioned upon. a prior determination thet the director or officer acted in good faith and rvithout misfeasance, and that snch payments or obligations are iaes,onabl.. Such nsterminatien shall be made I (i) by the Board of ninectcrs by n maj.rity vote of a quorum. consisting bf directors who here net parties to such proceeding, en.(ii) by independent legal counsel in a written .opinion if ..ch o n+m J. not obtainable, or _.,an if obtainable, if a quorum of disinterested directors so .li.roots, or Bill by the members, if there be any. Directors eligible to .I-ba any .,on det.in+ina- tion or to refcr any such determination to independent legal counsel Must act with reasonable promptness when indemnification is sought by any director or efficer. Expanses incurred in defending any pro —eding may be paid by ♦.he corporation in advance of the final. dispcsitror. of such pmceedina, if autherired in the m.ncer set forth in the precedinq peragrapt, open receipt of any 1111—Lakdn9 by or on behalf of the 3lrector or efficer co reVny such amount unless it shalllultimately to datelined than he is entitled to lnd emnb ftcntion. .very r.ference ter. in to dirge LCr er officer .111,11 include every dimet.r or efficer cr fcrme, director or officer cC the c'brporeti. and every person w1'.c mny hnve served no the [aqunst pf. the eer p...tion or one of iL:: ns n M N N rM w M I I I I „ifa � I z r dixeetorior officer or in a sinilar cipicity of another corpo- 'xacion, par trership, joint ventarc, tr,sst or other enterprise and, in all suoh cases, the hairs, e..ecuture, and administra co rs of such officer or diceecor. The comp... Lion may forthet indemnify mach vf.icer and director in any other manner permitted by law, ana shell so indemnify them if directed to do so by the members, of there be any, or if there he none, by the direectnrr_ G . C. ?ioLms Berton, dr. - Ineoipor moor - 5 - I� � All 'Li �. f ti�iCl� T��]]331ii <ti7t�11 P'ryl ?ir Cl/%/ / / / /(J > /(r /e „� /( /YG' /� /'(f /l / ✓� l� /r� [pe fnce SO(n6 is a true eapy a( all dacurzents m�stLMWI m of IM, Cate tM1e eM1a r[er o£ Vl rgf nta Ya Cer'Prelact, Inc._ �J C /t':; /itnnttn 111 /t'tz' of ✓ /i:,.vrrllrfay:fo/rrfnri// v a� c+ GuJ:id'J'i91 ^,AL'I':1 pa °': f]iGGiIA sscrns CORPORATION f0:1 I,'SIOA AT RICn1toN1], _ Sn run :y 15, 19]6 Tb, ae.nn.p int Lvin[ bvn ddi. ereJ .o he Su.. Gn.n .mn Cnn,mnnon an leha'Id Vir,inia Water Project, Inc. and ehe Cammheim h,v;n[ lead the' 'lee :nkln eomplY ahh Jm rzn .enema at Iv, and den all fee. have no paid, it it CRDEREO that Iii, CERTIFICATE OF INCORPORATION be noted, and 'hat 'hit ardea awh, +eitb the arid., he adod ... d to «m.d in the once al the Gmm6,ian; and I. 'that Ie anrpem'ien have the evehntitY eanlmcl on it IY lan in ..... o.nce oilh tlm arbde, mbleu to he end.,ia , and..... jet... in ..... d b, )a,. upon 'ha mmplet en of mah «oraaian, hit o,d,, and ,ha av;de, shall b. (aw,add fa..acmmnm 1, he nG., nl ehe Bled of the "' circuit Court City of lecanoke ST T[ CORIOPATION CQ 1\d ISSIOV 0[ , Coninu lone VIRGINIA: 1I In the Clul't CRu at the Circuit Court city of Roieno \e 1 ' The fore tin[ eu .1uve Gn 1 din[ I amampan,in, nnhlea) b» b.an dal, «m deo in o., !fi,t th;, are h naev .nu...A on dm Stae. Cmla aen Conenaon b, mrt6e6 mail. ARTICLES OF AMENDMENT OF VIRGINIA WATER PROJECT, INC. ONE The name of the corporation is Virginia Water Project, Inc. TWO on October 19, 1995, the Board of Directors of the Corporation found the following proposed Amendment to the Articles of Incorporation to be in the best interest of the Corporation. Amendment No. 1 The name of the corporation shall be Southeast Rural Community Assistance Project, Inc. THREE There being no members of the corporation, the amendment was adopted by the unanimous consent of the directors on October 19, 1995. FOUR The undersigned President of the Corporation declares that the facts herein stated are true as of October 19, 1995. VIRGINIA WATER PROJECT, INC. By: r — ober G. Goldsmith, Pr dent AMENDED AND RESTATED OPERATING AGREEMENT OF 347 WEST CAMPBELL, LLC THIS AMENDED AND RESTATED OPERATING AGREEMENT, made as of the I" of January, 2010, amends and restates that certain Amended and Restated Operating Agreement dated March 26, 2009, by and between 347 WEST CAMPBELL, LLC, a Virginia limited liability company, and SOUTHEAST RURAL COMMUNITY ASSISTANCE PROJECT, INC., a Virginia non -stock corporation. WITNESSETH: In consideration of the mutual covenants herein contained, the parties agree as follows: FORMATION AND TERM. A. Formation. The parties formed a limited liability company pursuant to the Virginia Limited Liability Company Act by filing articles of organization with the Virginia State Corporation Commission that were effective as of December 29, 2005. B. Tenn. The term of the Company shall be perpetual, unless terminated in accordance with this Agreement and the Virginia Limited Liability Company Act. 2. DEFINITIONS. The following terms used in this Agreement shall (unless otherwise expressly provided herein or unless the context otherwise requires) have the following respective meanings: A. Act. The Virginia Limited Liability Company Act, as set forth in the Code of Virginia, as it may be amended or superseded from time to time. 20560/11/3200679,1 20560/11/3200679vI B. Agreement. This Operating Agreement, as originally executed and as amended from time to time, as the context requires. C. Bankruptcy. (1) The filing of an application by a Member for, or its consent to, the appointment of a trustee, receiver, or custodian of its assets; (2) The entry of an order for relief with respect to a Member in proceedings under the United States Bankruptcy Code, as amended or superseded from time to time; (3) The making by a Member of a general assignment for the benefit of creditors; (4) The entry of an order, judgment or decree by any court of competent jurisdiction appointing a trustee, receiver or custodian of the assets of a Member unless the proceedings and the person appointed are dismissed within ninety (90) days; (5) The failure by a Member generally to pay its debts as the debts become due within the meaning of Section 303(h)(1) of the United States Bankruptcy Code, as determined by the Bankruptcy Court, or the admission in writing of its inability to pay its debts as they become due; or (6) Suffering or permitting a Member's Interest to become subject to the enforcement of any rights of a creditor of a Member, whether arising out of an attempted charge upon that Member's Interest by judicial process or otherwise, if that Member fails to effectuate the release of those enforcement rights, whether by legal process, bonding, or otherwise, within ninety (90) days after actual notice of that creditor's action. Section 5E. D. Capital Account. As of any date the capital account maintained for each Member under E. Capital Contribution. The total amount of money and the agreed upon fair market value of property contributed to the Company by a Member on the date of contribution, net of 20560/119200679v1 liabilities secured by that contributed property that the Company is considered to assume or to be subject to under Section 752 of the Code. Code. The 1986 Internal Revenue Code, as amended from time to time. G. Company. 347 West Campbell, LLC H. Disposition. The sale, assignment, transfer, exchange or other disposition of an Interest, in any manner, whether voluntary or involuntary, or by operation of law or otherwise. Gain or Loss from Sale. Any gain or loss for federal income tax purposes resulting from the sale or other disposition of the capital assets of the Company not in the ordinary course of the Company's business. Interest. The ownership interest, expressed as a percentage, of a Member in the Company at any particular time, initially as set forth in Section 5A, including the right of the Member to any and all benefits to which the Member is entitled and the obligations to which the Member is subject under the Agreement. Project, Inc. K. Manager. The President and CEO of Southeast Rural Community Assistance L. Members. Southeast Rural Community Assistance Project, Inc. and any person or entity admitted as an additional Member or a successor Member under this Agreement. M. Net Income or Net Loss. 20560/1 1/3200679v I The income or loss, as the case may be, of the Company for a period as determined in accordance with Section 703(a)(1) of the Code, including each item of income, gain, loss or deduction required to be separately stated. N. Regulations. The regulations issued under the Code, as amended from time to time. 0. Successor in Interest. The person who succeeds to an Interest upon the death, incompetency, dissolution or Bankruptcy of a Member. 3. NAME, OFFICE OF THE COMPANY AND REGISTERED AGENT. A. Name. The name of the Company is 347 West Campbell, LLC. The business of the Company may be conducted under such trade or fictitious names as the Members may determine. B. Office of the Company. The principal place of business of the Company shall be 145 W. Campbell Ave., S.W., Suite 800, Roanoke, Virginia 24001 -2868. The specified office of the Company at which shall be kept the records required to be maintained by the Company under the Act shall be 145 W. Campbell Ave., S.W., Suite 800, Roanoke, Virginia 24001- 2868 or such other place or places as the Members shall deem advisable. C. Registered Agent. The Company's agent for service of process shall be Clark H. Worthy, 10 Franklin Road, Suite 800, Roanoke, Virginia 24011, or such other person as the Members may designate. 4. BUSINESS OF THE COMPANY. The business of the Company shall be to acquire, manage, hold, lease, sell, exchange or otherwise dispose of real property. 20560/11/3200679,1 205601I1/3200679vl 5. MEMBERS, INTERESTS AND CAPITAL. A. Members and Interests. The names and Interests of the Members are as follows: Name Interests Southeast Rural Community 100% Assistance Project, Inc. Initial Capital Contribution. The Members shall contribute to the Company the property set forth opposite the name of each as specified below: indebtedness. Name Contribution Southeast Rural Community $100 Assistance Project, Inc. C. Guaranty of Company Indebtedness. The Members shall not be obligated to guarantee the Company D. Capital Accounts. (1) A Capital Account shall be established and maintained for each Member. A Member shall have a single Capital Account, regardless of class and regardless of the time or manner in which any portion of that Interest was acquired. If an Interest is transferred in accordance with this Agreement, the transferee shall succeed to the Capital Account of the transferor to the extent it relates to the transferred Interest. (2) As of any date, a Member's Capital Account shall consist of: (i) the sum of (A) the amount of money contributed by it to the Company, (B) the agreed upon fair market value of property contributed by it to the Company, (C) allocations to it of Net Income and Gain from Sale (or items thereo), and (D) the amount of any Company liabilities assumed by that Member or that are secured by any Company assets distributed to that Member; minus (ii) the sum of (A) the amount of money distributed to it by the Company, (B) the fair market value of property distributed to it by the Company, (C) 20560/11/3200679v1 allocations to it of Net Loss and Loss from Sale (or items thereof), and (D) the amount of any liabilities of that Member assumed by the Company or secured by any property contributed by that Member to the Company other than those taken into account in calculating Capital Contributions. (3) The principles governing the adjustments of Capital Accounts are intended to satisfy the capital account maintenance requirements of Regulation Section 1.704- 1 (b)(2)(iv) and shall be construed consistently therewith. Additional Provisions on Capital and Obligations of Members. (1) No Member gives up any rights to be repaid Capital Contributions in favor of any other Member. (2) No Member shall be paid interest on Capital Account. (3) No Member shall have the right to demand and receive property other than cash in return of Capital Contributions. (4) No Member shall have the right to demand and receive property of the Company in return of its Capital Contributions until the termination of the Company. (5) The liability of any Member for the losses, debts, liabilities and obligations of the Company shall be limited to paying capital contributions when due under the Agreement, the share of any undistributed assets of the Company, and (only to the extent required by the Act) any amounts previously distributed from the Company. 6. ALLOCATIONS AND DISTRIBUTIONS. A. Net Income. Net Income shall be allocated among the Members in proportion to their respective Interests. B. Net Loss and Credits. Net Loss and tax credits shall be allocated among the Members in proportion to their respective Interests. C. Funds Available for Distribution. 20560/1 1/3200679v1 All funds available for distribution net of a reasonable working capital reserve shall be allocated and distributed among the Members in proportion to their respective Interests on a quarterly basis. D. Gain from Sale. Gain from Sale shall be allocated among the Members in proportion to their respective Interests. E. Loss from Sale. Loss from Sale shall be allocated among the Members in proportion to their respective interests. MANAGEMENT. A. Manaeer. The Company's business shall be managed by the President and CEO of Southeast Rural Community Assistance Project, Inc. The Manager may be changed only by unanimous consent of the Members. B. Manaeement of the Company. The Manager shall have full charge of the management, conduct and operation of the Company business in all respects and all matters. C. Compensation and Reimbursement of Manaeer. (1) The Manager shall receive compensation for services rendered to the Company as the Manager as unanimously agreed on by the Members. (2) The Manager shall be entitled to charge to the Company, or to be reimbursed by the Company for, all expenses incurred by it in connection with Company business. 8. AUTHORITY OF THE MEMBERS AND MANAGER TO ENGAGE IN OTHER BUSINESSES. Any of the Members and the Manager may engage in and/or possess an 20560/11/3200679v1 interest in other business ventures of any nature and description, independently or with others, whether or not in competition with the Company and neither the Company nor any of the Members shall have any right by virtue of this Agreement in or to any independent venture or to any income or profits derived therefrom. Neither the Manager nor any Member shall be obligated to present any particular investment opportunity to the Company even if such opportunity is of a character which, if presented to the Company, could be taken by the Company, and the Manager and each Member shall have the right to take for its own account (individually or as a trustee) or to recommend to others any such particular investment opportunity. ACCOUNTS, BOOKS, RECORDS, ACCOUNTING, REPORTS AND TAX MATTERS. A. Bank Accounts. The funds of the Company shall be deposited in the name of the Company in such bank or savings and loan accounts as may be designated by the Manager, and the Manager shall arrange for the appropriate conduct of such accounts, including the signatures to be required. Books and Records. The Manager shall keep or cause to be kept complete and accurate books of account, in which shall be entered fully and accurately each and every transaction of the Company, and the records required to be maintained by the Company pursuant to the Act. The Company's books and records shall be maintained at the principal office of the Company or at such other place as the Manager may from time to time designate, and each Member shall at all reasonable times have access thereto and the right to inspect and copy for purposes related to the Company's business. C. Tax Information. The Manager shall use its best efforts to cause the Company to deliver to each Member within seventy -five (75) days after the end of each taxable year the information relating to the Company necessary for the preparation of the Member's federal income tax return. D. Tax Elections. The Manager may make all elections for federal income tax purposes. 10 20560/11/3200679vI E. Tax Matters Partner. The President and CEO of Southeast Rural Community Assistance Project, Inc. is designated as the "tax matters partner" for purposes of the Code. The Members may name a substitute or successor at any time. 10. INDEMNIFICATION AND EXCULPATION OF MEMBERS AND MANAGERS. A. Indemnification. The Members and the Manager shall be indemnified and held harmless by the Company from any liability resulting from any act performed by or omission made by them on behalf of the Company, except for acts or omission of gross negligence or willful misconduct, to the fullest extent that a director or officer of a stock corporation may be indemnified and held harmless under Chapter 9 of Title 13.1 of the Virginia Code, 1950, as amended. B. Exculpation. The Members and Manager shall not be liable to the Company or to any Member for or as a result of any act, omission or error in judgment that was taken, omitted or made by the Members or Manager in accordance with the standards established by Section 12.1- 1024.1 of the Act. In any proceeding brought or in the right of the Company or brought by or on behalf of Members of the Company, a Member or Manager shall have no liability for damages other than for willful misconduct or a knowing violation of the criminal law. 11. ASSIGNABILITY OF COMPANY INTERESTS. A. Limitations. No Member may withdraw or resign from the Company, nor may any Member make a Disposition of all or any part of the Member's Interest without the prior written consent of the other Members, including the Member proposing to withdraw, resign or make a Disposition. B. Pledge or Encumbrance of Interests. No Member may pledge or encumber all or any part of the Member's Interest, in any manner, whether voluntarily or involuntarily, by operation of law or 20560/11/3200699v1 otherwise, without the consent of the other Members. 12. TERMINATION. A. Events Causing Dissolution and Winding Up. of the Company: Any of the following events shall cause the dissolution and winding up (1) Consent in writing by a majority in interest of the Members. (2) The sale or other disposition of the Company. (3) Any other event causing dissolution under the Act unless a majority of the remaining Members agree to continue the business of the Company pursuant to Section 12B. Election to Continue Companv. An event set forth in Section 12A shall not result in the dissolution, winding up and termination of the Company if, within ninety (90) days after the occurrence of that event, a majority in interest of the Members votes to continue the Company. Winding Up Company Affairs. (1) Upon the occurrence of any of the events specified in Section 12A(1) - (3) or the events specified in Section 12A(4) and the failure of the Members to continue the business under Section 12B, the Manager shall wind up the affairs of the Company. After the payment of, or provisions for, all debts of the Company, the proceeds of the sale of the Company assets or the Company assets shall be distributed to the Members in accordance with their Capital Accounts. If any assets are distributed in kind, they shall be distributed on the basis of the fair market value thereof. Unless the Members otherwise agree, there shall be distributed to the Members as tenants -in- common, an undivided interest in the assets equal to the distributions to which they are entitled. (2) If the Company is 'liquidated" within the meaning of Regulation Section 1.704- 1 (b)(2)(ii)(g), then the liquidating distributions shall be made by the later of (i) the end of the Company taxable year in which the liquidation occurs, or (ii) ninety (90) days after the date of liquidation. (3) The Company shall terminate when all assets of the Company 12 20560/11/3200679v1 have been sold and/or distributed and all affairs of the Company have been wound up. 13. AMENDMENTS. This Agreement may be amended only with the unanimous approval of Members. 13 20560/II/3200679vI 14. MISCELLANEOUS PROVISIONS. A. Governing Law. This Agreement and the rights and liabilities of the parties shall be determined in accordance with the laws of the Commonwealth of Virginia. B. Severabilitv. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the terms or provisions within this Agreement. Successors. Subject to the limits on transferability contained herein, each and all of the covenants, terms, provisions and agreements herein contained shall be binding upon and inure to the benefit of the successors, heirs, and assigns of the respective parties. D. Entire Agreement. This Operating Agreement embodies the entire agreement and understanding among the Members with respect to the subject matter hereof, and supersedes all prior agreements and understandings among such Members relating to the subject matter hereof. No amendment, modification, termination or waiver of any provision of this Agreement shall be affected unless the same shall be set forth in writing signed by all the Members. IN WITNESS WHEREOF, the undersigned has executed this Agreement as of the day and year first above written. MEMBER: Southeast Rural Community Assistance Project, Inc. By: Hope Cupit, Deputy CEO & Vice President 14 20560/11/3200679,1 �r rr n►r nni�; r «r �� n r CF127IFICATE OF FACT I Certify the Forfowing from the &cords of the Commission: That 347 West Campbell LLC is duly organized as a limited liability company under the law of the Commonwealth of Virginia; That the date of its organization is December 29, 2005; and That the limited liability company is in existence in the Commonwealth of Virginia as of the date set forth below. Nothing more is hereby certified. CISECOM Document Control Number: 1704065345 Signed andSealed at Richmond on this Date: April 6, 2017 yoe[M. (Peck Clerkof the Commission a f i( Ct61�< "J f fir �� CrEP,vi i OrF GOOD STANDING I Certify the (Following from the TScords of the Commission: That SOUTHEAST RURAL COMMUNITY ASSISTANCE PROJECT, INC. is duly incorporated under the law of the Commonwealth of Virginia; That the date of its incorporation is January 15, 1976; That the period of its duration is perpetual; and That the corporation is in existence and in good standing in the Commonwealth of Virginia as of the date set forth below. Nothing more is hereby certified. CISECOM Document Control Number'. 1704065335 Signed andSealed at 1gchmond on this hate: April 6, 2017 foe0 . Peck C(erkof the Commission Internal Revenue Service District asitinore Diswict Director DA: ocl'IBHt I5, 1998 SOCITHBAbT RURAL OOMMNITY'A88ISTANCE PROJECT, INC. P.O. BOX 28M ROAN=, VA 24001 Dear Sir/Madan: Department of the Treasury 31 HopP.O aza, 81931 6e, Md. 21201 Baltimore, AID 21203 Employer Identification Number: 54- 1055050 Person to Contact: WED Tax Examiner Telephone Number: (410) 962 -6058 This is in response to your inquiry requesting a copy of the letter which granted tax exempt status to the above named organization. Our records show that the organization was granted exemption from Federal income tax under section 501(6) of the Internal Revenue code as an organization described in section 501(c)(3) effective OC10'B, 1977. We have also determined that the organization is not a private foundation because it is described in sections 509(x)(1) and 170(b)(1)(A)(vi). Donors may deduct contributions to you under section 170 of the ODde. As of January 1, 1984, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FMA). You are required to file Form 990, Return of Organization Exempt From Income Tax, only if your gross receipts each year are normally more than $25,000. However, if you receive a Form 990 package in the mail, plemse file the return even if you do not exceed the gross receipts test. If you are not required to file, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. A copy of our letter certifying the status of the organization is not available, lawever, this letter may be used to verify your tax- exempt status. Because this letter could help resolve any questions about your exempt status, it should be kept in your permanent records. aimerstly you Paul M. Barrington District Director ROANO�KE The City of Roanoke, VA Parcel ltl: 1010827 ✓":5x; �_=— Property Address: 347 CAMPBELL AVE SW ROANOKE, VA 24016 SUMMARY: Mailing Address: 347 CAMPBELL AVE SW ROANOKE, VA 24016 Neighborhood: 855 - Downtown West Property Class: 400 - Commercial/industrial Legal Description: LOT 25A BLK 8 RORER FLOOD ZONE INFORMATION: Special Flood Hazard Area: Firm Panel: 51161 CO164G Floodway: OWNERSHIP HISTORY: Zoning: D Property Acreage: 0.3478 Property Sq. Footage: 15148 Property Frontage: 100 Property Depth: 149.00 Sale Date Sale Amount Grantee Grantor Document Number 2011 -05 -13 $0.00 THREE FORTY Multiple Owners 110004193 SEVEN WEST CAMPBELL LLC 2006 -01 -31 $450,000.00 THREE FORTY THREE FORTY SEVEN 060001549 SEVEN WEST WEST LLC (Inactive CAMPBELL LLC 2004 -06 -09 $326,000.00 THREE FORTY SEVEN WEST LLC (Inactive 1998 -03 -18 $0.00 HARRIS OFFICE FUNITURE CO INC (Inact 1981 -09 -01 $0.00 REIMER GEORGE G ETAL (Inactive) HARRIS OFFICE FUNITURE CO INC (Inact REIMER GEORGE G ETAL (Inactive) REIMER GEORGE G ETAL (Inactive) 040009698 0980003334 1 of 4 1010827 4/3/2017 5'.05'.31 PM 1981 -09 -01 N/A ASSESSMENTS: $0.00 REIMER GEORGE G J & G ASSOCIATES ETAL (Inactive) (Inactive) $0.00 J & G ASSOCIATES (Inactive) Valuation Data - Land Value Roof: Improvement Value 1920 Total Value Number of Stories. 2017 -01 -01 $244,600.00 Construction Exterior $874,600.00 Plumbing: $1,119,200.00 2016 -01 -01 $222,600.00 Fire Resistant $849,100.00 $1,071,700.00 2015 -01 -01 $222,600.00 $849,100.00 $1,071,700.00 2014 -01 -01 $222,600.00 $849,100.00 $1,071,700.00 2013 -01 -01 $222,600.00 $849,100.00 $1,071,700.00 RESIDENTIAL DWELLING DETAIL: Primary Photo: IMPROVEMENTS: Primary Sketch: i iRineFahll Mi+ Structure: Roof: Year Built l 1920 Roof Style. Number of Stories. 2 Roof Cover: Construction Exterior Plumbing: Foundation: 2 Fixture'. Structure: Fire Resistant 3 Fixture. 1 I 2 of 4 4/3/2017 5'.05'.31 PM Size S /F: 14100 4 Fixture'. Lower Split 5 Fixture'. Level /Foyer: Lower Finished: Heating / Air: Total Bedrooms: Heating Type: 0 sf Total Rooms. 0 Central Air: N Attic: Fireplaces. NO Attic S /F: None Porches: Attic Fin S /F: Enclosed Porch'. Basement: Open Porch'. Basement S /F: 7050 Wood Deck: Basement Fin S /F: 0 Other Improvements Elevator - Commercial MS Attached Garage: Detached Garage. Attached Carport '. Basement Garage. 3 of 4 413/2017 5:05:31 PM PROPERTY MAP: 4 of 4 4/3/2017 5'.05'.31 PM LEASE 9 -his LEASE, made this - - day of _ -__ . 20 12. hp and between 347 WEST CAMPBELL, LLC, a Virgnia limited liability conipnny, hm ing an nddress of 147 West Campbell Avenue, Roanoke, Virginia 24016, as Landlord,: and (icnevn P. Peyton, having ml address of 347 Campbell Avcnuc, Roanoke, Virginia 24011. as'l errant, WITNESS ETHTHAT: -I 'lie I. till k]loid, in was ideraI am ill the premises is the InIII Lilt l cav ell tint s. conditions and undertakings of the panics hereto, does herchy lease and demise uah, the 1 cnanL mid the I errant does herebc hire and take from Landlord, the space (the "Demised Premises ") described In Schedule A mlached to this Lease, which is lnellled In the building link] associated ]and situated at 147 N'esl ('mnpbcII AV Lot c. Roanoke, Virgiit iit 24016In the ('ilC of Rounoke, Virginia, bearing City of Roanoke 0111cial Tax No. 10108271'9 he huildhig "I. T errant shall also have the righI to the use of Ilie parking area till i teen 1 m the 11 Lot lding. 1 it ndIord reserves the right to designate Ilie tin rtlon of the parking a ai to be used by -I -errant or to assign speed a parking space%, where haul lord deems either such step neccssaty to assure that adequate plaiting is uvullahlc lilt all Icnants in the Building, I Ivoll Lilt this lease Shull bell nuvith to uuanh lease heglnning on .little I, 2012 ("the ('onunimceniem Date "), and ending on the 1crmination Dane, as hereinaller dclhicd (the form" ). I andlonl shall deliver pos%ussion of the Demised Treatises l0 1cnaul on [lie Connncncnnent Date. (h) Ihales otlavimse [cnionalcd in provided for herein, Dither portv- mws, to any thnc during the I iTm, he giving wtilten mace to the other party, Ierminme this Lease efreclhr on the Jute iillich is not less 111,111 Nboy [601 day% front the date to tetantalton Janice olic `1 crnilmuion Datc" ) isOl tisri )Flx,sit (it) I -he Ienanl shall pay rent monthly during I vi lit its li,lbi s: I lace hundred mid 00 100 dnllurs ($ loll tlt) per utamh, and the Ilrs[ mid ]list monk's tell[ shall he Inn -raved if the ('unancncentenl Dale ar the Ivill tnulion Dutc I% other than the illst dm or the last dm of the manta. as the case tint\ he tb) I he knout kill pov the rent twhout %ctalf or dennnd [o I.ank]lonl or to such other place as Landlord any dcsignntc ill trrhing ua imam on or bGlJr the Brs1 Any of each momh Ihnmghout the Icon of the lease. A late charge of 6ce p ICV10 of the uaount Lille shall he imposed an all rents nit recciml br the kith business dnr of the month in w hich Ihec :ar due. (e) Should Tenant remain in possession of the Demised Premises after the end of the Tenn, or after any earlier termination provided or permitted by the Lease, it shall be a tenant from month to month at a rental rate equal to 125% of the rent in effect for the last month of the lease term and otherwise on the same conditions, except as to term, as herein provided. 3. Condition of Demised Premises; Training by Landlord; Alterations by Tenant Right to Relocate Portion of Premises. (a)'1 enant has inspected the Demised Premises and accepts them "as is" on the date of this Lease. (b)'I enant may at its cost from time to time during the Term make any alterations, additions or improvements to the Demised Premises that Landlord has approved in advance, in writing. Tenant shall submit, with its request for approval, plans and specifications showing in reasonable detail the proposed alterations, additions or improvements. Landlord shall not unreasonably withhold, delay or condition its approval of any requested alteration, addition or inrprocement. All approved construction shall be done in a good and workmanlike manner using first -class building materials in accordance with all applicable codes and regulations. Tenant shall be under no obligation to restore or remote at the expiration of the Term any such changes approved in advance in writing by Landlord; however, all permanent improvements so constructed by Tenant shall belong to Landlord and shall become part of the Demised Premises. (c) Landlord shall provide, at no expense to Tenant, during the initial 30 days of the Term, training on the Building security system. By execution of this Lease, Tenant waives any privacy rights that it may have in and to any images taken by any security cameras that are pan of the Building security system. After training, if Landlord shall incur any costs or expenses associated with the security system due to the Tenant's misuse of the security system or its procedures, 'tenant shall immediately reimburse Landlord for any and all costs and expenses, and Such amount shall be considered additional rent hereunder. 4. Use. Tenant may during the term use the Demised Premises as an office and for no other purpose without Landlord's specific tvriven permission, which permission may be granted or withhcld in Landlord's sole discretion. Tenant shall at all times conduct its use of the Demised Premises in accordance with the Landlord's rules set firth oil Schedule B attached hemto, as such may be changed from time to Hine, and with all applicable laws, regulations, and ordinances, 5. bfaimcnance and Utilities. la) Tenant shall, at Tenant's expense, keep the interior of the Demised Premises in good, clean, and safe condition during the Term and provide daily janitorial sen ices within the Demised Premises. (b) Landlord shall provide daily janitorial sery ices tor the Building_ which shall include emptq ing trash cans in the Demised Premises twice a week and occasional Nacuunming of the Demised Premises, and shall be responsible for maintaining and repairing all portions of the Demised Premises and the Building during the Term. Landlord's responsibilities shall include, without limitation, the roof and structural components; heating, air conditioning, plumbing and electrical systems; all utility and service pipes and lines; all paved areas (including prompt removal of ice and snow); and all lawns and other landscaped areas. As to all areas that are entirely within the Demised Premises, and the HVAC and other equipment and lines that serve only the Demised Premises, Landlord shall bill Tenant monthly for the costs incurred by Landlord in maintaining and repairing those areas, equipment and lines. Tenant shall pay all such bills within fifteen (15) days of receipt. Tenant shall notify Landlord promptly of the need for any repairs that are Landlord's responsibility under this paragraph. (c) With respect to telephone service. Tenant shall at its expense, and after coordinating with the Landlord, install such equipment as shall be necessary to provide telephone service to the Demised Premises and shall pay all charges for telephone service used by it in the Demised Premises. With respect to all other utility sen -ices, which are used in common with other portions of the Building and are not separately metered for the Demised Premises, Landlord agrees to pay for the cost of such utilities for the entire Building. Rent shall not abate on account of, and Landlord shall not be liable for damage caused by, any interruption, delay. reduction or suspension of electricity, sewer, water. gas. telephone, air conditioning or heating services or other utilities to the Demised Premises. whether caused by breakdown, maintenance, repairs, strikes, scarcity of fuel or materials, weather or other act of God, governmental regulation, or any other cause whatsoever, nor shall such be deemed a default by Landlord under this Lease. (d) Notwithstanding the provisions of subparagraph (b) above. Tenant shall be responsible for any maintenance, repairs or replacements required on account of damages caused by Tenant or its licensees or invitees. 6 Access by Tenant; Inspections by Landlord. (a) Tenant shall be afforded full access to the Demised Premises at all times (b) Landlord may enter the Demised Premises at am reasonable time after prior reasonable notice to Tenant (or without notice in the event of an emergency), to show the Building to prospective purchasers and tenants, to inspect the condition of the Demised Premises, to perform any maintenance or repairs which are Landlord's obligation, and to assure compliance by'renant with laws, regulations, and other directions of governmental authorities or insurers. Am inspections or work done by Landlord shall be performed so as to cause the minimum practicable interference with Tenant's normal business operations in the Demised Premises. 7. Taxes. Landlord shall pay all real property taxes assessed against the Building and the associated land during the Term. 8.lnsurance. (a) Property Insurance: Landlord shall pay the cost of keeping the Building insured under a policy of commercial property insurance, in an amount equal to its full insurable replacement cost. (b) Liability Insurance: Tenant shall, at Tenant's expense, maintain with a responsible insurance company or companies authorized to provide such coverage in the Commonwealth of Virginia, a policy of commercial general liability insurance naming Landlord as an additional insured, against claims for bodily injury, death or property damage occurring on, in or about the Demised Premises and in a form satisfactory to Landlord, with coverage of not less than $1,000,000.00 combined single limit, and deposit a copy of the policy or a certificate thereof with Landlord. This insurance policy shall be endorsed to add Landlord as an additional insured and shall provide for at least thirty (30) days' written notice to Landlord prior to any cancellation or termination. (c) No Liability: Landlord will not provide legal or personal liability protection to Tenant, its employees or agents thereof with respect to the duties under this Lease. 9. Attorneys Fees and Costs. In addition to all other remedies, the parties agree that in the event one party is found to be in breach of this Lease, then the nondefaulting party shall be entitled to recover from the defaulting party the amount of all reasonable attorneys' fees and costs incurred by the nondefaulting party, on account of the default. 10. Environmental Warranties. (a) In this paragraph, the term "Hazardous Substances" means, without limitation, any Flammable explosives, radioactive materials, urea formaldehyde foam insulation, polvchlorinated biphenyls, petroleum and petroleum products (including but not limited to waste petroleum and waste petroleum products), asbestos or asbestos containing materials, methane, or other hazardous or toxic materials, hazardous wastes, pollutants, and contaminants, as defined in or regulated under any applicable environmental laws. (b) Tenant warrants to Landlord that Tenant will, during the Term of this Lease, use, store or dispose of on or about the Demised Premises only such Hazardous Substances as are normally used in the conduct of Tenant's business and that Tenant will do so only in a way that complies with all applicable laws and regulations. Tenant will indemnify and hold the other harmless from and against any loss, cost, damage or liability arising out of or resulting from any breach by the indemnifying party of the foregoing warranties (including clean -up costs and the reasonable fees of auomeys, paralegals, engineers and other professionals whom either retains in connection kith any such breach by the other). (c) landlord may enter upon the Demised Premises upon reasonable notice during the Term pursuant to paragraph 6 above to inspect and assure Tenant's performance of the foregoing cry ironmental warranty. Should any such inspection indicate or disclose the presence of a I Iazardous Substance that is not being stored, used or disposed of in compliance with subparagraph (b) above, then Landlord shall notify Tenant immediately. Tenant shall at Tenant's expense promptly, and in accordance kith all applicable laws. initiate all activities necessary to remedy or remove such noncompliance and shall pursue such remediation or removal as quickly as reasonably possible to completion. Tenant shall furnish to Landlord copies of all reports submitted to governmental authorities and all test results, technical data, expert opinions and other materials generated in connection with the contamination or the response and remediation activities. (d) Should Tenant fail promptly to respond to and remedy the presence of a Hazardous Substance or Substances as required by this paragraph 10, Landlord may do so and charge all of the reasonable costs thereof to Tenant. 11. Waiver of Claims. (a) Landlord and Landlord's agents, employees, and contractors shall not be liable for, and Tenant hereby releases all of them from, all claims for damage to person or property sustained by Tenant or any person claiming through Tenant resulting from fire, accident, occurrence or condition in or about the Demised Premises which is not due to the fault or negligence of the Landlord or to a breach by Landlord of its duties under this Lease. (b) All personal property of the Tenant on and in the Demised Premises shall be at the sole risk of the Tenant. and Landlord shall not have any liability or responsibility for that property. Tenant shall acquire and maintain such insurance on its personal property as it deems appropriate and shall look solely to that insurance for recovery with respect to any loss of personal property, regardless of-cause. (c) Landlord and Tenant agree that in the event the Demised Premises or its contents are damaged or destroyed by fire or other insured casualty, the rights, if any, of either party against the other with respect to such damage or destruction are waived; and that all policies of fire and /or extended coverage or other insurance covering the Demised Premises or its contents shall contain a clause or endorsement providing in substance that the insurance shall not be prejudiced if the insureds have waived right of recovery from any person or persons prior to the date and time of loss or damage. 12. Trade Fixtures. All trade fixtures. movable furniture. and equipment owned by' Tenant and placed or installed by Tenant on the Demised Premises shall remain the property of Tenant and shall be removable at the expiration or earlier termination of this Lease, provided (i) That Tenant shall not at such time be in default under this Lease and (ii) that in the event of such removal. Tenant shall promptly repair any damage caused by such removal. 13. Assignment and Subletting. Tenant may neither sublet any portion or all of the Demised Premises nor assign this Lease, in whole or in part, without the prior written consent of Landlord in each instance. 14. Default and Remedies. (a) Should Tenant (i) fail to pay the rent or any additional rent within five (5) days after written notice from Landlord that the rent or additional rent is due and unpaid: or Oil fail to perform any of its other obligations hereunder within thirty (30) days after written notice from Landlord of such nonperformance. then Tenant shall be in default hereunder; provided, however, that in the event performance of any such obligation (other than payment of money) may not reasonably be completed within thirty (30) days and Tenant has in good faith begun performance of such obligation within such 30 -day period following notice from Landlord and is continuing to use reasonable efforts to effect full performance of such obligation, then Tenant shall not be in default hereunder unless and until Tenant fails to continue such performance in good faith. (b) Upon the occurrence of a default b} Tenant hereunder, Landlord shall have the right, upon ten 00) days' notice in writing to the Tenant of its intention to do so, to declare this Lease terminated, and upon the expiration of said ten (10) days' notice, the Landlord shall have the right to take possession of the Demised Premises and to collect from Tenant such damages as Landlord shall have suffered as a result of Tenant's default. Landlord may also, without terminating this Lease, take possession of and, at its option, seek to refer the Demised Premises, on such terms and conditions and for such rent as Landlord shall, in its sole discretion, deem suitable, and Tenant shall continue to pay rent hereunder until the Demised Premises are relet, and thereafter Tenant shall pay any amount by which the rent payable hereunder exceeds the rent collected by Landlord from any new tenant. The remedies set forth in the preceding two (2) sentences shall not, however, be exclusive, and Landlord shall, in the event of Tenant's default, have all other remedies available to it at law or in equity. Landlord shall be under no obligation to relet the Demised Premises or otherwise to mitigate its damages in the event of a default hereunder be Tenant. 15. Compliance with Laws. Tenant shall comply with all federal, state and local laws, regulations and ordinances, and all rulings and orders of any duly constituted authority affecting or respecting the Demised Premises, or the use or occupancy of same, including the business at any time transacted there by Tenant. 16. Signs. Tenant shall have the right, subject to Landlord's design approval which shall not be unreasonable withheld, to place a sign (i) on the inside of the Buildingjust outside of the Demised Premises and (ii) on the side of the Building facing Campbell Avenue, announcing the presence of its business operation in the Demised Premises, provided that both signs shall comply with applicable City of Roanoke ordinances. No signs other than those specified in this Paragraph 16 may be erected or installed by Tenant. 18. Notices. All notices required or permitted under this Lease shall be deemed to be properly served only (unless otherwise specifically provided in another provision of this Lease) if in writing and mailed by certified or registered mail with return receipt requested, to Landlord at the address set forth in the initial paragraph of this Lease and to 'I count at the Demised Premises. or to any different address which either may subsequently so designate for this purpose. A notice shall be deemed given hereunder three (3) days after the date on which such notice is deposited in a post office of the United States Postal Service. 19. waiver. No delay or failure of either party to exercise any right hereunder, or to insist upon the strict compliance with the terms and provisions hereof, shall constitute a waiter of any right hereunder or a waiver of the right thereafter to insist upon strict compliance with the terms and provisions thereof 20. Successors and Assigns. The provisions of this Lease shall bind and inure to the benefit of the parties hereto, their successors and their permitted assigns. 21. Construction. The interpretation, construction and performance of this Lease shall be governed by the laws of the Commonwealth of Virginia. The captions are used only as a matter of convenience and are not to be considered a part of this Lease as such. Each party to this Lease has been represented by counsel, and there shall accordingly be no presumptions made on account of the fact that this Lease was initially drafted by Landlord. 22. Entire Agreement: Amendment. This Lease contains the entire agreement of the parties, and no prior or contemporaneous negotiations, representations, inducements, promises or agreements, oral or otherwise, not embodied herein, shall be of any force or effect. No purported amendment or modification of this Lease shall be enforceable unless in writing and signed by both Landlord and Tenant. 23. Estoppel Certificate. Tenant shall from time to time, within ten (10) days after being requested to do so by Landlord, execute, acknowledge and deliver to the Landlord an instrument certifying (i) that Tenant has accepted possession of the Demised Premises, and the date on which the Term commenced; (ii) that this Lease is in full force and effect unmodified (or. if there has been any modification, that it is in full force and effect as so modified and stating the nature of the modification); (iii) the date to which the Rent and any additional rent arising hereunder have been paid; (iv) as to whether, to the best knowledge, information and belief of Tenant, the Landlord is then in default in the performance of any of its obligations hereunder (and, if so, specifying the nature of each such default); and (v) as to any other fact or condition reasonably requested by the Landlord; and acknowledging and agreeing that any statement contained in any such certificate may be relied upon by the Landlord and by any mortgagee, prospective mortgagee, or prospective purchaser of the Building. 24. Indemnification. Tenant for itself and its liability insurer agrees to defend and indemnity Landlord against (and to save Landlord harmless from) all liability, cost, expense, claims, loss, damage and judgments incurred or suffered by Landlord as a result of. or in connection with, any death, personal injury or property - or business damage alleged or proved by any person, partnership, corporation or other entity to have occurred in or near the Demised Premises or alleged or proved to have been caused, in whole or in part, directly or indirectly, by Tenant's default hereunder or the negligent or intentional act or omission by Tenant, its agents, employees, minces and others permitted by Tenant in the Demised Premises. the Building or on the contiguous real estate. 25. Relationship between the Parties. Landlord and Tenant hereby confirm that they have no relationship other than as landlord and tenant, and Tenant further confirms that it has no prior or existing relationship with Southeast Rural Community Assistance Project, Inc. or any of its officers, directors or employees. Additionally, Tenant confirms that it is an independent agency with respect to all sere ices provided under the terms of this agreement, and nothing contained therein should be construed to establish an employer - employee, joint venture or partnership relationship, either expressly or by implication. IN WITNESS WHEREOF, this Lease has been duly executed as of the day and year first above written. 347 West Campbell, LLC By Hope F. Cupit, h pager Q Geneva P. Peyton By,1/ Its SCHEDULE DESCRIPTION OF DEMISED PREMISES A commercial office located on the first floor of the building consisting of approximately 200 square feet. 20560/11/]9]4624,1 GENTRY LOCKE Attorneys May 16, 2017 Via E -Mai[ and U.S. Mai/ David Collins, Esq. Assistant City Attorney Noel C. Taylor Municipal Building, Room 464 215 Church Avenue Roanoke, Virginia 24011 Jonathan D. Puvak pu gentryloeke.com P: (540) 983 -9399 F: (540)983 -9400 Re: Southeast Rural Community Assistance Project, Inc. and 347 West Campbell Avenue, LLC — Real Estate and Personal Property Tax Exemption Dear Mr. Collins: Thank you for your electronic correspondence dated April 20, 2017. Southeast Rural Community Assistance Project, Inc. ( "SERCAP ") and 347 West Campbell Avenue, LLC ( "347 West Campbell ") appreciate the consideration that the City of Roanoke has given their tax exemption request. SERCAP values the relationship that it has with the City of Roanoke and its residents and is proud to have the City of Roanoke as its headquarters location. This letter addresses the comments and questions presented in your April 20' correspondence. A. Personal Property Tax Exemption Request — Enclosed with this letter is a copy of SERCAP's 2017 Personal Property Tax Statement, dated April 12, 2017. As you will see, SERCAP's personal property consists of office equipment and agency owned vehicles. SERCAP is the title owner of each item of personal property. The 2017 personal property taxes were paid by SERCAP on April 20, 2017. B. Existing Lease — As noted in the tax exemption application, approximately 200 square feet of the building located at 347 West Campbell Avenue is currently leased to Geneva Peyton on a month to month basis. This lease is in force today. SERCAP is the only other tenant or user of the building. C. Service District Tax and Storm Water Management Fee — SERCAP and 347 West Campbell understand that any real estate tax exemption does not extend to any special service district tax or storm water management fees and that they will continue to be responsible for the payment of such taxes and fees. D. SERCAP's Services to the City of Roanoke and its Residents — While SERCAP's service area extends throughout Virginia and to six other states, SERCAP assists residents in the 10 Franklin Road SE, Suite 900 Roanoke, VA 24011 • PO Box 40013 Roanoke, VA 24022 -0013 Tell Free: 866 983 0866 20560'11/8008456,2 0 GENTRY LOCKE David Collins, Esq. May 16, 2017 Page 2 City of Roanoke and Roanoke Valley. The programs range from individual loans, technical assistance, counseling, housing services, aging in place, and various special projects. As a non- profit, the majority of SERCAP's funding is derived from federal, state and local grants. The most significant sources of funding are required to be used towards residents of largely rural communities. Fortunately, based on the information available to SERCAP, there are very few residents of the City of Roanoke that do not have access to public sewer services. Of course, interested residents are invited to learn more about the services and programs offered and SERCAP maintains a complete listing of available services and programs on its website: http: / /www.sercan.ord/sery nroa.htm. Contact information for the appropriate staff member is also provided. In addition, SERCAP's website affords the opportunity for residents to apply for financial assistance for certain programs online. If preferred, staff members are also available to speak with residents in person or by telephone. In the past, SERCAP contributed $20,000 to help residents in the Fairhope Road area of the City of Roanoke with public sewer connections. Further, since 2009, SERCAP has assisted six City of Roanoke households with grants and low- interest loans to assist with their homes' water systems (hook -up fees, plumbing repairs, etc.), home improvements, and related repairs. This financial assistance ranged from $250 to $3,085 each and totaled $5,710 between the six households. In addition to water and sewer related programs and services, SERCAP serves as a regional center for conferences, annual meetings, board meetings and counseling. Each year, SERCAP plans and sponsors the Water is Life! Conference and Luncheon. This annual event is always held in Roanoke and includes educational workshops on water, wastewater, housing, and community development issues. This event alone provides a significant impact to the City of Roanoke and surrounding area. Also, SERCAP uses the 347 West Campbell Avenue building to host regular board meetings for its members and also board meetings of other regional groups. Further, SERCAP provides a housing counseling program for individuals looking to purchase a home. Some of the available counseling covers pre- and post - purchase, rental counseling, financial literacy, and home maintenance. SERCAP is always looking for opportunities to partner with the City of Roanoke and other area agencies. For example, over the past couple of months. SERCAP has been working to find a solution for three homeowners with failed septic systems in the Westland/Overland Drive Community of the City of Roanoke. Discussions with the Virginia Department of Health, the Western Virginia Water Authority and the City of Roanoke departments have all been taking 20560/11/8008456v2 GENTRY LOCKE David Collins, Esq. May 16, 2017 Page 3 place to find source funding to aid the residents with the cost of connecting to public sewer. A possible community development block grant proposal from SERCAP to be included in the City of Roanoke's next submission to the Department of Health and Community Development is just one solution currently under consideration to help these homeowners. Most recently, on April 22, 2017, SERCAP hosted a rain barrel workshop at its headquarters at 347 West Campbell Avenue. This workshop was attended by 24 local area residents who built rain collection barrels for their own use. A copy of the SERCAP press release concerning this event is enclosed for your reference. When possible, SERCAP participates in scholarship and donation opportunities coordinated by City of Roanoke schools and agencies. Over the past few years, SERCAP has assisted an elementary school with a hydration station, and donated books and food to other City of Roanoke schools. We understand that a request to authorize a public hearing will be presented on June 5, 2017 for a public hearing to be held on June 19, 2017. Representatives of SERCAP and 347 West Campbell will be in attendance at each meeting. Please do not hesitate to contact me if you have any questions or need additional information. Regards, GENTRpY�LO�CKE J,,2 D P ak Enclosures cc: V 4s. Stephanie M. Moon Reynolds, City Clerk, City of Roanoke Daniel J. Callaghan, Esq., City Attorney, City of Roanoke Ms. Hope F. Cupit 2056011158008456r2 EVELYN W. POWERS, TREASURER PO BOX ROANOKE, E, V 61 24007 (540) 8532561 H ROANOKEww- .roanokeva.gov • 057383/1 -S 170. -8 1. SE RURAL COMMUNITY ASST PROJECT 347W CAMPBELL AVE SW ROANOKE VA 24016 -3624 plll7d�- _NYC APR PO POUF 2017 CITY OF ROANOKE, VIRGINIA PERSONAL PROPERTY TAX STATEMEN Statement Date: 04 112/2017 Account Number: 6987299292 A penatty in the aunt of 10% of the Net Tax Due will be + a00ed mo on the first day folbwiig the Due Dale. + See back for additional information and payment options. * Review vehicle information to ensure accuracy of vehicle year 8 make and report Inconect vehicle information or address charges to Commissioner of the Revenue at 540 - 853-2521. FAX 540- 8531115, or revenue(glroanokeva.gov + It is tl1e taxpayets responsibility to ensure that changes in vehicle ownership antl Wymalts are received on time to avoid penalty and interest Giarges. + CSF - Clean Special Fuel Vehicle Vehides Tax Rates Per $100 345 Business Equipment 3.45 Airplane, 20,001 Ibs 1.06 Airplane - 20,000lbs .45 Mobile Homes 112 2017 Tax Relief - 48.40% Account Summary DUE DATE May 31, 2017 Page 1 of 1 Current Tax Less Tax Less Pen /InUFees License Current Due Current Yr Delinquent Total Due O6H,NTr Relief Credits ]OY39 Tax Payments Due 3.09310 1.7M.411 0.001 ant 0.001 84.001 1,852.41 1 0.001 0.001 1,852.41 Ts BRI Y, NM law YN We, Va. WB Tu iR RMUr x IT= f0.00 : LIC T O6H,NTr ]OY39 3011 O0e1o099 3.09310 +�StlocO gpipmR ]1.650.00 1001896 3009 060 QBISD 91110066 1] ]63.93 0.00 0.00 OS /31 /lf ]OS] 3017007097 2009 CBF• lacVQ15D511404aS 9.650.00 0.00 l ]03]009090 3 T ]ABew66 9 110.35 0.00 38.00 0.00 6.35 05/31/17 T RCAP TEAR AND RETURN NOROM PORTION W nH YOUR PAYMENT RETAIN TOP PORTION FOR YOUR TAx RECORDS F Sherman A. Holland CITY OF ROANOKE, VIRGINIA Commissioner of the Revenue 215 Church Ave SW Room 251 Fj �.3UWJES�.B�+E/tR?�SONAL PROPERTY Roanoke, Virginia 24011 e r;4 (� ft l� ACCOUNT NUMBER: FED ID # OR SOC SEC #: 541055050 BUSINESS LICENSE #: TRADE NAME & MAILING ADDRESS: 2017 Telephone: (5441) 85325M Fax: (MD) 8534115 commravicIrosnokeva.gov DATE BUSINESS CLOSED: DATE BUSINESS STARTED IN CITY: SE RURAL COMMUNITY ASST PROJECT 347 W CAMPBELL AVE SW ROANOKE, VA 24016 APPLICANT NAME & PHYSICAL ADDRESS' VIRGINIA WATER PROJECT INC 347 CAMPBELL AVE SW NATURE OF BUSINESS: Ala-7 - P 7,, iSCHEDULE I Tangible personal property including furniture fiXtHres. equipment books. c0r1cLJt.1L1 dod al Ofhe� LIMS Used IN any bueress or profession Cltr pul,11bi"I'lan, ENTER ORIGINAL CAPITALIZED COST TO RIGHT AS INDICATED BELOW: office machiros ,,,d,)t (LID LEASED e, c­Lrc & harl too�-, �1 �� , u� COST % TOTAL ORIGINAL COST OF PROPERTY PURCHASED IN 2012 AND ALL PRIOR YEARS 20% ORIGINAL COST OF PROPERTY PURCHASED IN 2013 30% ORIGINAL COST OF PROPERTY PURCHASED IN 2014 40% ORIGINAL COST OF PROPERTY PURCHASED IN 2015 50 % ORIGINAL COST OF PROPERTY PURCHASED IN 2016 1/ $ $ 6$ 60 / TOTAL COST OF PROPERTY OWNED AS OF JANUARY 1, 2017 "7 ENTER ORIGINAL CAPITALIZED COST TO RIGHT AS INDICATED BELOW: COST % I TOTAL ORIGINAL COST OF PROPERTY PURCHASED IN 2012 AND ALL PRIOR YEARS 20% ORIGINAL COST OF PROPERTY PURCHASED IN 2013 30% ORIGINAL COST OF PROPERTY PURCHASED IN 2014 400 ORIGINAL COST OF PROPERTY PURCHASED IN 2015 50 'ORIGINAL COST OF PROPERTY PURCHASED IN 2016 60% TOTAL COST OF PROPERTY OWNED AS OF JANUARY 1, 2017 Description Type i of Fi'a.wxc r Date: NL7 E-mail: c,.le -1a SCr'e aP. OTq Preparer name (please print): Preparers Signature' Preparers Telephone #: _ Preparers Agency /Business Email. Telephone #: A WRITTEN EXPLANATION IS REQUIRED FOR ALL RETURNS FILING SO Book Asset Detail 10101/15- 9/30116 54- 1055050 FYE: 9/30/2016 Date lH Book Book Prior Book Current Book Book Net Beni Book Asset Property 0e5crip00n Service Cost Depreciation Depred iOH End 0epr Book Value Method Period Book Current §ril OFFICE EQUIPMENT 18001 Valuation 261 CHAIRS 10/02/02 231.00 23100 23100 000 S/L 5.0 262 CHAIRS 10/25/02 23100 231.00 23100 0.00 S/L 5.0 251 BOOKSHELVES 1/10/03 2,54900 2,549.00 2,549.00 000 S/L 50 252 BOOKSHELVES 1/13103 330.00 330.00 31000 0.00 S/L 50 267 CHAIRS 8/22/03 357.00 357.00 35200 000 S/L 50 268 CHAIRS 8/22103 352.00 35200 35200 000 S/L 50 269 CHAIRS 8/22/03 39.00 357.00 35200 0.00 S/L 510 270 CHAIRS 8/22/03 35200 357.00 357.00 000 5/L 50 263 CHAIRS 2/24/04 640.00 64000 640.00 0.00 S/L 5.0 264 CHAIRS 6/15/04 845.00 845.00 84500 0.00 S/L 50 265 CHAIRS 8/06/04 700.00 700.00 700.00 0.00 S/L 5.0 266 CHAIRS 8/06/04 700.00 70000 70000 000 S/L 5.0 271 FILE CABINETS 9/21/04 315.00 31500 31500 000 S/L 50 272 CHAIRS 9/21/04 364.00 36400 364.00 000 5/L 5.0 273 CHAIRS 9/21/04 364.00 364.00 36400 000 S/L 50 274 CHAIRS 9/21/04 364.00 36400 364.00 0.00 5/L 50 206 EQUIPMENT 10/16/04 20000 200.00 20000 000 S/L 50 292 M ETASOFT FU NDRAISING SOFTW 10/01/08 5,995.00 5,995.00 5,995.00 5/L 5.0 291 IDEACOM PHONE SYSTEM 5/28/09 11,449.70 11.449.70 11,449.70 S/L 50 Star -2- Star telephone system 2/28/16 43,868.30 000 5,849.11 5,849.11 38,019.19 5/L 5.0 OFFICE EQUIPMENT 18001 70,554.00 26,685.70 5,849.11 32,534.91 38,01919 Group: AGENCY VEHICLES 18002 288 2009 CHEVROLET VAN 9130/09 20,996.27 20,996.27 20,996.27 5/1. 5.0�`I 289 2009 CHEVROLET VAN 9/30/09 20,996.27 20,996.27 20,99627 S/L 5.0 V 290 2009 CHRYSLER TOWN III COUNT 9/30/09 23,361.00 23,361.00 23,361.00 S/L 50 `1 AGENCY VEHIi 19002 65,353.54 65,353.54 0.00 65,353.54 135,907.54 Southeast Rural Community Assistance Pro SERCAP Weekly Update - April 24, 2017 SERCAP Delivers Successful Earth Day! Rain Barrel Workshop in Roanoke, VA! On Saturday, April 22, 2017, in celebration of Earth Day, SERCAP hosted its first ever Rain Barrel Workshop at its headquarters in downtown Roanoke, VA. The workshop was attended by 24 local residents who built 23 Rain Barrels. The workshop kicked off in SERCAP's Conference Room, with a brief description of SERCAP, including the programs and services the agency provides, followed by a presentation on the benefits and proper utilization of Rain Barrels. Participants then moved downstairs to the work space and built their own Rain Barrels using the Used Syrup Drums, donated by the local Roanoke, VA Coca - Cola Bottling Plant (part of Coca -Cola Consolidated), and the Rain Barrel Conversion Kits donated by the River Network. SERCAP's Earth Day! Rain Barrel Workshop was a part of The National Rain Barrel Program, and was one of five Rain Barrel Workshops held across the United States on Earth Day. The long -term positive impact of presenting this Rain Barrel Workshop will be the improvement of both the Environmental Health and the Economic Self - sufficiency for both the participants and the community at- large. The building, installation, and utilization of Rain Barrels positively impacts the individuals' and community's Environmental Health by decreasing storm -water runoff (which can contribute to the spread of disease and contamination of local water sources), and by replenishing water to the groundwater table. Additionally, the use of Rain Barrels can promote Economic Sel(- sufficiency by saving individuals money on their water bills, and can decrease taxes levied against localities for excessive storm -water runoff. 'SERCAP' Earth Day! Rain Barrel Workshop was made possible through a Partnership with the River Network the Coca -Cola Companj, and the local Roanoke, VA Coca -Cola Bottling Plant. Additionally, all of SERCAP' programs in Virginia are supported by a Budget Appropriation from the Virginia General Assembly, which is administered by the Virginia Department ofHousing & Community Development (DHCD). e S- O,1'11 ANIF M. MOON RI[YNOLDS, MMC ( 1, ( lork CITY OF ROANOKE OFFICE; OF THE CITY CLERK 215 Church Avenue, S. W., Room 496 Roanoke, Virginia 24011 -1536 1'eley Lone: (540)853 -2541 Fl,x. (540)853 -1145 L + -nmil: clef k{n.rnmmkern.eov The Honorable Sherman A. Holland Commissioner of the Revenue Roanoke, Virginia Dear Mr. Holland and Ms. Powers: August 2, 2017 CH ELIA F. NU COY De 1, 01, ('1,,k ('F('FLIA T. WEBB, CM(' A.,'ktnN Dq,nl,, City Clerk The Honorable Evelyn W. Powers City Treasurer Roanoke, Virginia I am forwarding an attested copy of Ordinance No. 40877 - 061917, which has been properly executed by the Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc., for purposes of assessment and collection of the service charge established by this Ordinance. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure G: Mark D. Loftis, Counsel, Woods Rogers Attorney at Law, P. O. Box 14125, Roanoke, Virginia 24028 -4125 Sherman M. Stovall, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Susan Lower, Director, Real Estate Valuation R.B. Lawhorn, Budget Administrator, Management and Budget Mark D. Loftis, Counsel Woods Rogers Attorney at Law P. O. Box 14125 Roanoke, Virginia 24028 -4125 Dear Mr. Loftis: I am enclosing a copy of Ordinance No. 40877- 061917 exempting from real estate property taxation certain real property located at 1018 15' Street, S.W., Official Tax Map No. 1022404, owned by Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc., a Virginia non - stock, not for profit corporation, devoted exclusively to charitable or benevolent purposes on a non - profit basis. Furthermore, the City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicants, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge and leasehold tax established by Ordinance No. 40877- 061917, and to Mark D. Loftis, Esquire, Woods Rogers, Attorneys at Law, P. O. Box 14125, Roanoke, VA 24038, Registered Agent and Legal Counsel for The Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure CITY OF ROANOKE 0i) OFFICE OF THE CITY CLERK 215 Church Avenue, S. W, Rooin 456 Roanoke, Virginia 24011 -1536 Tele,l... (5411)8.5.42541 fav: (540)85 3-1145 STEPHANIE M. MOON REYNOLDS, MM( E- ,nail: cicrk(nhoanokuva . g °v CECELIA F. MCCOV ('it, Clerk Depuly City Clerk CECELIA T. WEER, CMC A,ti,tu,,t Dennty City Clerk June 20, 2017 Mark D. Loftis, Counsel Woods Rogers Attorney at Law P. O. Box 14125 Roanoke, Virginia 24028 -4125 Dear Mr. Loftis: I am enclosing a copy of Ordinance No. 40877- 061917 exempting from real estate property taxation certain real property located at 1018 15' Street, S.W., Official Tax Map No. 1022404, owned by Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc., a Virginia non - stock, not for profit corporation, devoted exclusively to charitable or benevolent purposes on a non - profit basis. Furthermore, the City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicants, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge and leasehold tax established by Ordinance No. 40877- 061917, and to Mark D. Loftis, Esquire, Woods Rogers, Attorneys at Law, P. O. Box 14125, Roanoke, VA 24038, Registered Agent and Legal Counsel for The Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure Mark D. Loftis, Counsel June 20, 2017 Page 2 The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, City Treasurer R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director of Management and Budget Susan S. Lower, Director of Real Estate Valuation Luke Pugh, City Engineer IN TI IF, COUNCIL OP Tlili CITY OF ROANOKE, VIRGINIA, The 19th day of June, 2017. No. 40877- 061917. AN ORDINANCE exempting from real estate property taxation certain real property located Lit 1018 1" Street, S.W., and designated as Roanoke Official Tax Map No. 1022404, owned by "trustees of the Funds o'the Protestant F,piscopaf Church in the Diocese of Southwestern Virginia, Inc., a Virginia non- stock, not for 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, Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc., (hereinafter "the Applicant "), has petitioned Council to exempt certain real property 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 19, 2017; WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is that certain real estate, including the land and any building located thereon, identified by Roanoke Official Tax Map No. 1022404, commonly known as 1018 1" Street, S.W., Roanoke, Virginia (the "Property "), and owned by Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc., for charitable, religious, and benevolent purposes, and 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 (209%x) of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. NOW, THEREFORE, BE IT ORDAINED by the Council of tine City of Roanoke as follows, 1. Council classifies and designates Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc., as a charitable, religious, or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts firm real estate taxation certain real estate, including the land and any building located thereon, identified by Roanoke Official 'fax Map No. 1022404, commonly known as 1018 1" Street, S.W., Roanoke, Virginia, and owned by Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc., which Property is 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 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 Property, were the Property not exempt fiom such taxation, for so long as the Property is exempted from such taxation. 3. This Ordinance shall be in full force and effect on June 19, 2017, 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 fm - purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Mark D. Lohis, Esquire, Woods Rogers, Attorneys at Law, P.O. Box 14125, Roanoke, VA 24078, Registered Agent and Legal Counsel for 'Ille Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc. 5, Pursuant to § 12 of the Roanoke City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: C'""g�Uj vX4 6--r YJi City Clerk. ACCEPTED, AGREED TO AND EXECUTED by Trustees of the Funds of the Protestant Episcopal Church( in the Diocese of Southwestern Virginia, Inc., a not for profit corporation, this day of / (/ , 2017. Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc. By: d-e. Srw -rvn- Name: Joan Title: r �a G�oF� CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 19, 2017 Subject: Tax Exemption Request - Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc. (CM17- 00070) Background: Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc. is a Virginia non - stock, not - for - profit corporation which owns real property located at 1018 1st Street, S.W., Roanoke, VA 24016 (Official Tax Map #1022404). The organization desires the property be designated as exempt from real estate taxes pursuant to the provisions of the Code of Virginia. In October 2016 Trustees of the Funds of the Protestant Episcopal Church began using the property for mission purposes. The Diocese began using the property as the Aldan Community, a young adult intentional community, which is part of the mission and outreach ministry of the Diocese. The property will house the Aldan Community consisting of four young adults aged 21 -35. The young adults will live in the residence as participants in a faith community. A faith community is centered on participation of daily prayer, Holy Eucharist, spiritual training and development, community service and outreach. The Diocese seeks to make the Aldan House and Community the center of young adult ministry for the Episcopal Church in Roanoke. The program has three major goals: to create leaders and missionaries for the young adult ministry, to appeal to young adults who might not otherwise attend a traditional Episcopal Church but who may be willing to attend services and activities, and lastly to encourage young adults to pursue mission work more broadly. The Aldan Community will therefore be doing the young adult ministry work of the Episcopal Church and the Diocese. At present, the total annual real estate taxes on the property are $2,123 on a total assessed value of $174,000. 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, Trustees of the Funds of the Protestant Episcopal Church have provided the necessary information required for applications for exemptions that would take effect July 1, 2017. As noted above, the assessed value of the property is currently $174,000 with annual taxes due of 52,123. The organization is current on its taxes. In lieu of the $2,123 in real estate taxes, the organization would agree to pay to the City an annual service charge equal to twenty percent of the tax levy on the parcel for as long as the exemption continues. In this case, based on the current assessed value, the service charge amount would be $425. Consequently, the City would be foregoing $1,698 annually in real estate revenue. Commissioner of the Revenue, Sherman Holland, 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. Notification of a public hearing to be held June 19, 2017, was duly advertised in the Roanoke Times. Recommended Action: Adopt an ordinance to authorize Trustees of the Funds of the Protestant Episcopal Church exemption from real property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective July 1, 2017. --- IL2eu s:L l 4 till-! - -- JAk R. Brian Townsend Acting City Manager Distribution: Council Appointed Officers Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Management and Budget Barbara A. Dameron, Director of Finance Mark D. Lofits, Woods Rogers Attorney at Law PO Box 14125 Roanoke, VA 24028-4125 The Roanoke Times Roanoke, Virginia Affidavit of Publication AAMEC, —.R. PLO Alit !.is I polls NOEL G TAYLOR MUNICIPAL BUILDING 215 CHURCH AVENUE, S. W., ROOM 456 ROANOKE 00000 Account Number 6010786 Date June 12, 2017 Dete Category Description Ad Size Total COSt 0611812017 Legal Notices NOTICE OF PUBLIC HEARING Notice is hereby given that the 1 a 54 L 316.24 Publisher of the NOTICE OF PUBLIC HEARING I Roanoke Times notice is the coa tu, chi offf MoawFC hole applicants for which I public heaeng is regular ,M1n on he hem o nea v.n1.1 , n n1:oa' lrvoel I, (the undersigned) an authorized representative of the commencing me rr. with If III 4th Floor, Roanoke Times, a daily newspaper ublished in Roanoke, in the 2 , avin. numng, s cnnrm "'C""I Y P NOTICE OF these ..,, aas mo'm ne:�I,., oe State of Virginia, do certify that the annexed notice neitra, on me a ... tim of adnpenn m s ardanee p eeaon ea -1- m PUBLIC HEARING was published in said newspapers on the ics3. code or Virgin (195P).. as sball I av a °ppo° °5 1° ded, approving a enn t m following dates: ?.asiee the ands of me` Episcopal Chu Irdo sioc m.11.1 root corporation fnr designation of it, real property, mentified as • ` v 0", Map eras 1Mnon ate° a Is, st. ca Sand 0611212017 I ... Oka, v,rg,n,a, as exempt from t.. .d... Thin until Illessed —de of the applicants for which sebeing`s and" s$VO.000 ""and" rr. with If III $2,32388 ne ioss a ue be $., .... aver mxa v e estate The First insertion being given ... 06/12/2017 narge s irted m Lea of ,eai ni.es- sball I av a °ppo° °5 1° Newspaper reference: 0000550093 and ,Press III— no this m.11.1 If v re a ut=eri Ilty as a I, ika • ` v ` eras 1Mnon 'iffmo`'lainisauienso 21`41,` oy I1 :ai r my nano n,ie 13th °ay of Bi ling Repre entative n.nr 2017, . mnnn herons. mr.e m rx sworn to and subscribed before me this Monday, June 12, 2017 lllcndi d `ynll,p'Ifrt 5 7q Notary P is �o 1p,UE �1Y'p�j.11,ONWfq�tyti State of Virginia - ! necrslwuioN NO. City /County of Roanoke 1049823 My Commission expires _ 3 ',nnc MlI EXPI LS ,NO7ARV THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU 01)C 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 19, 2017, commencing at 7:00 p.m., in the Council Chambers, 4" Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, or as soon thereafter as the matter may be heard, on the question of adoption of an ordinance pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended, approving the request of Trustees of the Funds of the Protestant Episcopal Church, a Virginia non - stock, non- profit corporation for designation of its real property, identified as Official Tax Map No. 1022404, and located at 1018 1" Street, S.W.. Roanoke, Virginia, as exempt from taxation. The total assessed value of the applicants real estate for which tax exemption is being sought, is $174,000 for the 2017 tax year, with a tax of $2,122. The Toss of revenue will be $1,698 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, at (540)853 -2541, by 12:00 Noon on Thursday, June 14, 2017. GIVEN under my hand this 12thiay of June , 2017. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish in The Roanoke Times, Legal Notices, once on Monday, June 12, 2017. Send Certification/Affidavit to: Stephanie M. Moon Reynolds, MMC, City Clerk Noel C. Taylor Municipal Building 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 Send Invoice to: Mark Loftis, Counsel Woods Rogers Attorneys at Law P. O. Box 14125 Roanoke, Virginia 24038 -4125 (540) 983 -7600 d" CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suile 456 Roanake,Virginia 24011 -1536 '1 (540)X53 -2541 Enx: (5411)653 -1145 }'IL:I'I IAN ] 1': NI. NOON 1(10 NOI.111, NINC E -nmil: elerkN roonokcva.guv ('ity Clerk April 18, 2017 R. Brian Townsend Acting City Manager Roanoke, Virginia Dear Mr. Townsend: ('E('P:1.IA F. N( 'I ON I leOay City (Perk ('U EI.1A 1. WE1111, NO Asisbml De,(, ('ily Clerk I am attaching copy of a petition from the Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc., a Virginia non - stock, not - for -profit corporation, dated April 14, 2017, which was filed in the City Clerk's Office on Friday, April 14, 2017, requesting exemption from taxation of real property located at 1018 First Street, S. W., Official Tax Map No. 1022404, 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 Acting 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 1 st. Sincerely, Stephanie M. Moon o City Clerk Attachment PC: Mark D. Loftis, Counsel for the Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc., Woods Rogers PLC, 10 South Jefferson Street, S. W., Suite 1400, Roanoke, Virginia 24011 The Honorable Sherman A. Holland, Commissioner of the Revenue Daniel J. Callaghan, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Administrator NqWO011S ROGERS T'I'O R?] EYS A -E LAW V ,\ 1) Io, (540) 9834618 tuff¢ /aAmodsroeet5 com April 14, 2017 VIA HAND DELIVERY Stephanie M. Moon Reynolds, MMC City Clerk City of Roanoke Office of the City Clerk 215 Church Avenue, S.W., Suite 456 Roanoke. VA 24011 Re: Petition for Exemption from Taxation of Certain Property Pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia and Virginia Code § 58.1 -3651 1018 First Street, SW, City of Roanoke Roanoke City Tax Map I) No. 1022404 Dear Ms. Moon: Enclosed for filing is a Petition requesting that the property located at 1018 First Street, SW be granted a real estate tax exemption under Article X, Section 6(a)(6) of the Constitution of Virginia and Virginia Code § 58.1 -3651. This Petition is being filed on behalf of the Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc., which holds title to the referenced property for the charitable purposes of the Episcopal Diocese of Southwestern Virginia. If you have any questions, please do not hesitate to contact me. Very truly yours, WOODS ROOF "C Mark DOV )is MDL:nes Enclosure cc: Mr. R. R. Lawhom (w /enc.) (via e -mail - RR.I,awhorn!tdroanokeva.eov) David Collins, Esq. (w /enc.) (via e -mail - David.Collins(n`,roanokeva.eov) P.O Itox 14125. Roanoke V11,11a 24038 -4125 10 5.3eft rsmt Sveef Suite 1400, Roanoke, Virginia 24011 P (540) 983 -7600 . F (540) 983 -7711 www.woodsrogcrs.com Chadouesdllc • Dnnvllle. Lyndtburg. Richmond. Roanoke /,,2192134-1 900095- 00108 -011 VIRGINIA: IN THE COUNCIL OF THF, CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECT ION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA AND VIRGINIA CODE § 58.1 -3651 TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: The Petitioner, the Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc. ( "Trustees of the Funds "), petitions City Council to adopt an Ordinance granting the Trustees of the Funds a tax exemption for certain real property owned by the Trustees of the Funds and located at 1018 First Street, SW in the City of Roanoke, Virginia. In support of its Petition the Trustees of the Funds states as follows: The Trustees of the Funds is a Virginia, non - stock, not for profit corporation which is tax- exempt under Section 501(e) (3) of the Internal Revenue Code. The Trustees of the Funds exists to hold real and personal property for the charitable purposes of Episcopal Diocese of Southwestern Virginia (the "Diocese "), an unincorporated religious association. The Diocese is a diocese of The Protestant Episcopal Church in the United States of America. Both the Trustees of the Funds and the Diocese are covered by the tax exemption originally granted to The Fpiscopal Church in January 1940, which covers the Diocese and all of its related subordinate organizations. (Sec Exhibit A.) The Trustees of the Funds holds title to the property located at 1018 First Street, SW in the City of Roanoke, which property is City of Roanoke Tax Map Ill No. 1022404, with a total assessed value of $174,000.00 and a total of $2,122.80 in real property taxes that were paid or would be paid in 2017. 3. Beginning in October 2016, the Diocese began to use the referenced property for mission purposes. Specifically, the Diocese began using the property as the physical location for the Aidan Community, a young adult intentional community which is a part of the mission and outreach ministry of the Diocese. The Diocese seeks to make the Aidan House, and the Aidan Community, the center of young adult ministry for The Episcopal Church in Roanoke and the larger diocese by '.. attracting young adults and millennials who otherwise would not be attracted to traditional church services or programs and, through training and development, rrc oods Eoaw turning them into missionaries, disciples and leaders in and for The Episcopal w - onnersnruw Church. The Diocese has modeled its program on other young adult intentional communities (such as Columba House in Savannah, Georgia) which similarly I of {a2191245 -1 . 900095 00108 -01) seek to develop young adults as missionaries and leaders in and for The Episcopal 2 of ["2191295 -1 , 900095- 00208 -Op Church. The program has three major goals: • To create leaders and missionaries for the young adult ministry of The Episcopal Church in Roanoke (this goal is not limited to the residents of the Aidan House, but includes others whom they may invite to participate in Aidan Community activities); • To appeal to young adults and millennials who might not otherwise attend a traditional Episcopal church (or any traditional church at all) but who may be willing to attend services and activities of the Aidan Community; and • To encourage young adults to pursue mission work more broadly or to pursue ordination in The Episcopal Church. The Aidan Community will therefore be doing the young adult ministry work of The Episcopal Church and the Diocese under a new name and out of a new location. 4. By letter dated February 14, 2017, the Commissioner of the Revenue determined that the referenced property "does not qualify for the exemption by classification." (Copies of the Petitioner's letter requesting an exemption, and the Commissioner's response letter denying the requested exemption, are attached as Exhibit B.) 5. The Trustees of the Funds is eligible for a tax exemption for the property pursuant to the provisions of Virginia Code § 58.1 -3651, as amended, because the referenced real property is being used exclusively for charitable and benevolent purposes. As set forth above, the Aidan House and the Aidan Community will be the young adult ministry of The Episcopal Church and the Diocese. 6. The Trustees of the Funds 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 Trustees of the Funds not exempt from such taxation, for as long as the tax exemption is in effect. 7. The referenced property is not located within a service district of the City. 8. The Trustees of the Funds acknowledges and agrees that it will immediately notify both the City of Roanoke Commissioner of the Revenue and the City of woo „s EOON�, ,LC Roanoke Treasurer in writing in each instance when the property, or any portion ATTORNEYS AT Eaw thereof, is being leased to a third party and provide the City with a copy of the fully executed lease. The Trustees of the Funds 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. The Trustees of 2 of ["2191295 -1 , 900095- 00208 -Op the Funds acknowledges that if the foregoing conditions are not met, the City reserves the right to terminate the tax exempt status of the property. 9. The Trustees of the Funds provides its responses to the questions set forth in subsection B of Virginia Code § 58.1 -3651, as follows: a. The Trustees of the Funds and the Diocese are exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (see Exhibit A). b. A current annual alcoholic beverage license for serving alcoholic beverages has not been issued by the Virginia Alcoholic Beverage Control Hoard to the Trustees of the Funds (or the Diocese) for use on any of the Property. C. No director, officer, or employee of the Trustees of the Funds, or the Diocese, is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders. d. No part of the net earnings of the Trustees of the Funds, or of the Diocese inures to the benefit of any individual. No significant portion of the services provided by the Trustees of the Funds is generated by funds received from donations, contributions or local, state or federal grants. The services provided by the Diocese are funded primarily through funds provided by congregations of the Diocese under a system of voluntary proportional giving (congregations pay a percentage of their plate and pledge income to the Diocese), and the congregations receive these funds from donations. No significant portion of the services provided by the Diocese is generated by funds received from local, state or federal grants. e. The Diocese provides religious services for the benefit of the public, and assists in the provision of such services by its congregations (four of which are located within the boundaries of the City of Roanoke) for the benefit of the public. The Diocese also provides assistance (financial and otherwise) to other charitable organizations and initiatives which benefit the general public. f No substantial part of the activities of the Trustees of the Funds, or of the Diocese, involves carrying on propaganda, or otherwise attempting to influence legislation. Neither the Trustees of the Funds nor the Diocese participates in, or intervenes in, any political campaign on behalf of any Woods li1 PAC - -,a1.Y 1 � 1« „I candidate for public office. 3of5 ( #219245 -1 900095 -00208 01j g. Exempting the property will result in no significant revenue impact to the locality and its taxpayers. The total real estate taxes payable, based on the current assessment, would be $2,122.80. The Trustees of the Funds will continue to pay an annual service charge in an amount equal to twenty percent (20 %) of the tax otherwise payable, which totals $424.56. The annual economic impact of granting the exemption, therefore, is $1,698.24. h. Board members of the Trustees of the Funds are clergy members and lay members of The Episcopal Church nominated by the Bishop of the Diocese and approved by the Annual Convention of the Diocese. The Trustees of the Funds does not otherwise discriminate on the basis of race, color, national origin, age, sex, or on the basis of any other classification protected by applicable local, state or federal law. As a religious organization, the Diocese requires its ordained clergy to conform to the doctrine, discipline, and worship of The Episcopal Church. Additionally, the Constitution and Canons of the Diocese require that individuals holding certain Diocesan positions be communicants in good standing of The Episcopal Church, and specify that only communicants in good standing of The Episcopal Church may vote on certain church matters. However, the Diocese does not discriminate on the basis of race, color, religion, national origin, age, sex, or on the basis of any other classification protected by applicable local, state or federal law in the hiring or employment of lay employees. It is important to emphasize that the Aidan Community does not require that applicants or residents of the Aidan House be members of The Episcopal Church. Although the Diocese hopes that the residents will decide to pursue missional work in The Episcopal Church, individuals may apply to become part of the Aidan Community without regard to their religious affiliation. 10. As explained above, the Aidan Community is a missional initiative of the Diocese. There is no intention or desire on the part of the Diocese to generate income from the program. Participants pay only a small monthly program fee which is calculated to offset the expenses the Diocese incurs in administering the program. 11. The Trustees of the Funds agrees, if its real property is approved for tax exempt status, to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of its tax exempt status. µi i�t�xv�ets n�i �,x 4 of (72]91245 -1, 90009500208 -01) woods imams PLC AI Ia1111Y1iT 1U1 WHEREFORE, the Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc. requests that City Council adopt an ordinance exempting its real property from taxation pursuant to Article X, § 6(a)(6), Constitution of Virginia, and Virginia Code § 58.1 -3651. Respectfully submitted this 14's day of April, 2017 THE TRUSTEES OF THE FUNDS OF THE PROTESTANT EPISCOPAL CHURCH IN THE DIOCESE OF SOUTHWESTERN VIRGINIA, INC. 4-\\j \" , ,, Of Cou el Mark D. Loftis (VSB No. 30285) WOODS ROGERS PLC 10 South Jefferson Street, Suite 1400 P.O. Box 14125 Roanoke, VA 24038 Phone: (540) 983 -7600 Facsimile: (540) 983 -7711 lottis(dwoodsroeers.com Counsel for the Trustees of the Funds of the Protestant Episcopal Church in the Diocese ofSoulhwestern Virginia, Inc. and the Episcopal Diocese ojSouthwestern Virginia /11219]245- 1.900095- 00208 -0q 5 of EXHIBIT A PU THE DOMESTIC AND FOREIGN MISSIONARY SOCIETY OF THE PROTESTANT EPISCOPAL. CHURCH IN THE UNITED STATES OF AMERICA rounoea i&21 • mmmwsco sae Phone: 212 - 7166077 f.: 212 -867 -0395 MEMORANDUM May 15, 2001 TO: Bishop, Treasurer & Chancellor FROM: Stephen C. Duggan 'Treasurer RE: Episcopal Church Federal Group Tax Exemption for Dioceses, Parishes and Institutions Enclosed is a letter from the IRS dated May 10, 2001 re- affirming the federal group tax exemption that the Episcopal Church has held for itself and covered dioceses, parishes and other qualified institutions since 1940. Please note that because your diocese elected to be covered by the National Church's group exemption, it may use the Church's Group Exemption No. 3741 for all appropriate purposes and need not seek separate exemptions for itself or any of its covered congregations or institutions. In order to make appropriate annual filings with the IRS, we need to have from each diocese by September 30, 2001, an updated list of the congregations and institutions that should be covered by the group exemption for the following year. Please use the pages in the 2001 Episcopal Church Annual for this purpose, merely by snaking appropriate deletions by hand and by listing additions or corrections on a separate sheet. If you have any questions about this exemption, please call or write me here in New York or David Beers, Chancellor to the Presiding Bishop, in Washington DC. Faithfully, Stephen C. Duggan Treasurer SCD:shh 8 15 SF_CONO AVENUE — EPISCOPAL CHURCH CENTER NEW YORK. NEW YORK 100174594 • 2128678400 1 800 334 7626 Internal Revenue Service Department of the Treasury P.O. Box 2508 Cincinnati, OH 45201 Date: May 10, 2001 Person to Contact: Dottie Downing #31 -02736 Protestant Episcopal Church in the Customer Service Specialist United States of American Toll Free Telephone Number: 815 2nd Avenue 8:00 A.M. to 9:38 P.M. EST New York, NY 10017 -4503 877 - 829 -5500 Fax Number: 513 - 263 -3756 Federal Identification Number: 31- 1629166 Group Exemption Number: 3741 Dear Sir or Madam: This is in response to your request for a letter affirming your organization's current exempt status. In January 1940 we issued a determination letter that recognized your organization as exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code. That letter is still in effect. Based on the information submitted, we recognized the subordinates named on the list your organization supplied as exempt from federal income tax under section 501(c)(3) of the Code. Also, we classified those subordinates as organizations that are not private foundations because they are organizations of the type described in sections 509(a)(1) and 170(b)(1)(A) f) of the Code. Donors may deduct contributions to your organization's subordinates as provided in section 170 of the Code. Bequests, legacies, devises, transfers or gifts to the subordinates or for their use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Your organization and its subordinates are not required to file federal income tax returns unless subject to the tax on unrelated business income under section 511 of the Code. If subject to this tax, the organization must file an income tax return on Form 990 -T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your organization or its subordinates' present or proposed activities are unrelated trade or business as defined in section 513 of the Code. Unless specifically excepted, your organization and its subordinates are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid each employee during a calendar year. This does not apply, however, if your organization makes or has made a timely election under section 3121(w) of the Code to be exempt from such tax. Your organization and its subordinates are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Each year, at least 90 days before the end of your organization's annual accounting period, please compile and forward the following information: -2- Protestant Episcopal Church in the United States of America 31- 1629166 1. A statement describing any changes during the year in the purposes, character, or method of operation of your organization's subordinates; 2. A list showing the names, mailing addresses (including Postal ZIP Codes), actual addresses if different, and employer identification numbers of subordinates that: a. Changed names or addresses; b. Were deleted from the roster, or c. Were added to the roster. 3. For those subordinates added, attach: a. A statement that the information on which your organization's present group exemption letter is based applies to the new subordinates; b. A statement that each has given your organization written authorization to add its name to the roster; c. A list of those to which the Service previously issued exemption rulings or determination letters; d. A statement that none of the subordinates is a private foundation as defined in section 509(a) of the Code if the group exemption letter covers organizations described in section 501(c)(3); e. The street address of subordinates where the mailing address is a P.O. Box. 4. If applicable, a statement that your organization's group exemption roster did not change since the previous report. The above information should be sent to the following address: Internal Revenue Service Center Attn: Entity Control Unit Ogden, UT 84409 -3- Protestant Episcopal Church in the United States of America 31- 1629166 If your organization had a copy of its application for recognition of exemption on July 15, 1987, it is required to make available for public inspection a copy of the exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing. You can charge only a reasonable fee for reproduction and actual postage costs for the copied materials. The law does not require you to provide copies of public inspection documents that are widely available, such as by posting them on the Internet (World Wide Web). You may be liable for a penalty of $20 a day for each day you do not make these documents available for public inspection. Your organization's Group Exemption Number is 3741. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely, Owl-, Z � John E. Ricketts, Director, TE/GE Customer Account Services ' ii Yu iaiCl Ii::7tii71i'c v`lTyj�n- June 3, 1971 R: :F:510•Cs / 1. - 264 -1603 The Domestic and ForeiCn 1:izsionary ..Society of the Protestant Lpiscolal Church in the United States of A.Merica ,. 815 Second Avenue - Uew YOrk, 'New York 10017 �Att: 'ciias 1%,Saleeby, Controller. Reference is nade to your request for a statesleat as to the current - status of your organization, Our records indicate that your organization vas granted exe:aption from Federal ircor..e tax on :fart!; 23, 1942 pursuant to sectioa 101(6). of the internal :evenue Cole of 1939 1:9;ich is equivalent to section .501(c)(3) of the 1954 Code. A determination or ruling - letter 'issued to,an orgaaizatlon under section 501(F)(3) of the 1954 Code or under a prior or subsequent ^,evenue .'st renains in effect until the organization's ex . ?t status has been tet^1- mated, revoked or modified, Our records indicate no chan„e in your ex' -pt status. . Very truly yyours, Supervisor, Cxempt Organiiatidnc EXHIBIT B N.VOODS ROGERS Wsx D. LoFlIs (540)983 -9618 laftis ,,.od... ,, ,in December 21, 2016 Mr. Sherman A. Holland Commissioner of the Revenue City of Roanoke 215 Church Avenue, SW Room 251 Roanoke, Virginia 24011 Re: Request for Tax Exempt Status for 1018 First Street, SW, Roanoke, Virginia (Roanoke City Tax Map No. 1022404) Dear Commissioner Holland I am writing on behalf of the Episcopal Diocese of Southwestern Virginia and the Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia ('Trustees of the Funds "), which owns the above - referenced property. The above - referenced property adjoins the Diocesan offices located at 1002 1st Sheet, SW in the City of Roanoke, which property is also titled in the name of the Trustees of the Funds. The Diocese recently completed renovation of the above - referenced property for the purpose of furthering and expanding the Young Adult ministry of the Diocese. Specifically, the property will house the Aidan Community, a young adult intentional community in which four young adults, aged 21 -35, will live in the residence as participants in a faith community which is centered around participation in daily prayer, Holy Eucharist, spiritual training and development, and community service and outreach. The Aidan Community is a mission] initiative of the Diocese, and will operate under the direction of the Rev. Canon Connor B. Gwin, who is the Canon Missioner for Youth and Young Adults in the Diocese and will serve as Director of the Aidan Community. Participants in the Aidan Community will live at the property rent -free (although they will pay a monthly program fee to the Diocese to underwrite some of the cost of administering the program). More detailed information about the program is available at www.aidancommunitv.com. The first resident will moved into the property on October 29, 2016, and the Diocese expects to have all four residents in place by March 1, 2017. We contend that this use of the above - referenced property renders it exempt from taxation under Virginia Code § 58.1- 3606(2) and/or Virginia Code § 58.1- 3606(5) as the property is being used exclusively for the religious purposes of the Diocese. Accordingly, we respectfully request that your office exempt the property from real estate taxes. P.O. Box 14125. Rmo.kq V ieginin 24038 -4125 10 S_ Jefferson shoo, suite 1400, Roanoke, Virginia 24011 P (540) 983 -7600. P (540) 983 -9711 w w w. w o o d s r o g e r s. a um Cha lollesville . Danville. Lynchburg. Richmond . Rommkc /4)994068- 1.900095- 09208 -01) Mr. Sherman A. Holland December 21, 2016 Page 2 We will be happy to provide any additional information your office might need in connection with its review of this matter. Very truly yours, WOODS RO LC J Mark D. Loflis MDL:ties cc: The Rt. Rev. Mark A. Bourlakas The Rev. Canon Connor Gwin (41994058-1, 900095 -00208 -01) COMMISSIONER OF THE REVENUE CITY OF ROANOKE SHERNLAN A. HOLLAND '\ Commissioner d , GREGORY S. EMERSON w CMdoeymy February 14, 2017 Mark D. Loftis Woods Rogers Attorneys at Law PO Box 14125 Roanoke, VA 24038 -4125 Re: Request for tax exemption status for property owned by Trustees of the Funds of the Protestant Episcopal Church located at 1018 First Street, SW Parcel No. 1022404 Dear Mr. Loftis: We received your letter and reviewed your request for exemption status for the above referenced property. According to State Code §58.1 -3606 (2) and §58.1 -3617, the property must be used exclusively for charitable, religious or educational purposes in order to qualify for exemption. Since this property is not used exclusively for religious or educational purposes, it does not qualify for the exemption by classification. However, you may submit a petition to the City Clerk's Office at 853 -2541 to apply for an exemption for non -profit organizations through City Council. Should you have any questions please do not hesitate to call. Sincerely, Sherman A. Holland Commissioner of the Revenue SAIUec cc: Stephanie Moon Reynolds, City Clerk R.B. Lawhorn, Dept. of Management and Budget 215 Church Avenue SW, Room 251 * Roanoke, Virginia 74011 Phone (540) 853 -2521 * Fax (540) 853 -1115 + nrow. ronnnkegorsmn STEPHANIE M. MOON REYNOLDS, MMC Ca, Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 4 56 Roanoke, Virginia 24011 -1536 Telepkonc (540)853 -2541 Far: (540) 853 -1145 E -nasal: elerk(praannkeva . epv June 20, 2017 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: CECELIA F. MCC OY Depuy City Clerk CECELIA T. WEBB, C NIC ASIjxl. t Deputy City Clerk I am enclosing copy of Ordinance No. 40878- 061917 amending and reordaining Section 11.5 -8, Billing penalties and interest, Chapter 11.5, Stormwater Utility, Code of the City of Roanoke (1979), as amended, such amendments and additions to provide for an update to the priority of how payments are applied to the taxes and fees on the real estate tax bill. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, June 19, 2017; and is in full force and effect on July 1, 2017. Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosure c: The Honorable Evelyn Powers, Treasurer The Honorable Brenda Hamilton, Clerk, Circuit Court The Honorable Donald Caldwell, Commonwealth's Attorney Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian R. Brian Townsend, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Susan Lower, Director of Real Estate Valuation Dwayne D'Ardenne, Stormwater Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 2017. No. 40878- 061917. AN ORDINANCE amending and reordaining Section 11.5 -8, Billing penalties and interest of Chapter 11.5, Stonnwater Utility, of the Code of the City of Roanoke (1979), as amended, such amendments and additions to provide for an update to the priority of how payments are applied to the taxes and fees on the real estate tax bill; providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: Section 11.5 -8, Billing, penalties interest, of Chapter 11.5, Stormwater Udity, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 11.5 -8. Billing, penalties and interest. (a) The Stonnwater utility fee shall be billed and payable on the same schedule as prescribed in section 32 -I8 of this Code, Real Estate Taxes, and shall be subject to the same penalties and interest as prescribed in section 32 -19, unless a petition for adjustment has been submitted and is under active consideration by the city manager in accordance with section 11.5 -9 below. The stonnwater utility fee may be billed separately or may be combined with other billings, and, when combined, payment will be applied first Io any ;tpplir.iMr solid wasic cu11"lion Ice._ then Io a!i� nIT""blu to- the - stoimwatcr utility fee, and then to all other taxes and fees, as determined by the city treasurer, in accordance with section 15.2- 21 14.G, Code of Virginia (1950), as amended. (b) A delinquent stonnwater utility fee, along with cumulative interact and Penalties, shall constitute a lien on the parcel ranking in parity with liens 101 unpaid taxes and shall be collected in the same manner as provided for the collection of Unpaid real estate taxes. 2. This Ordinance shall be in full force and effect on and after July 1, 2017, 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 0 .�. 1 oeeuit' City Clerk. �o4n CITY OF ROANOKE 3 OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING -= 215 CHURCH AVENUE, SW > - ROANOKE, VIRGINIA 2401 L1595 Daniel J. Callaghan TPLEPHONE 540.853 -2431 City Attorney FAX 540 -853 -1221 EMAIL, cityatry @roanokesa.go, June 19, 2017 The Honorable Sherman P. Lea, Sr., Mayor and Members of City Council Roanoke, Virginia Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Re: Public Hearing regarding an Amendment to Chapter 11.5, Stormwater Utility, of the Code of the City of Roanoke (1979), as amended Mayor Lea and Members of Council: On May 15, 2017, City Council adopted an ordinance to amend Section 14.1 -5 of City Code to authorize the implementation of solid waste collection fees at rates based upon the particular use of the property. The ordinance provided that solid waste collection fees may be combined with the real estate tax bill. Payment of such solid waste fees when combined with the real estate tax bill, will be applied first to the solid waste collection fees then due and payable, then to other amounts identified and due in such billing. When City Council adopted the Stormwater Utility Fee in 2013- the Stormwater Utility Fee Ordinance, Section 11.5 -8, provided that when real estate taxes and Stormwater utility fees were combined on a bill, payment will be applied first to the Stormwater utility fee and then to all other taxes and fees. As a result of the new solid waste collection fee and such solid waste fee having first priority of payments being applied to it, Section 11.5 -8 of City Code with respect to the Stormwater Utility must be amended to update the priority of payments received by the City and how those payments are applied to the taxes and fees included on the real estate tax bill. Under Section 15.2 -2114, et seq., Code of Virginia (1950), as amended, prior to amending the Stormwater Utility Fee City Code, the City is required to give public notice, conduct a public hearing, and adopt an ordinance by City Council. Recommended Action Absent comments at the public hearing to the contrary, adopt the attached ordinance amending and reordaining Section 11.5 -8, Billing, penalties and interest, of Chapter 11.5, Stormwater Utility, of the Code of the City of Roanoke (1979), as amended. mcerely, ,n�Q Da it .I. Ca an City Atto ey DJC/Imc c: R. Brian Townsend, Acting City Manager Sherman Stovall, Assistant City Manager for Operations Barbara Dameron, Director of Finance Troy D. Harmon, City Auditor Stephanie Moon Reynolds, City Clerk Robert K. Bengtson, Director of Public Works The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - STORMWATER DIVISION Attu Dwayne D'Ardenne 1502 COURTLAND RD. NE ROANOKE. VA 24012 Account Number 6026342 Date June 13, 2017 Dale Category Description Ad Size Total Cost 0611912017 Legal Notices NOTICE OF PUBLIC HEARING The Counal Cigna City of Rc 1 x 72 L 726.64 NOTICE OF PUBLIC NEARING pom! niis -e;re a¢rew ado mierest. or chapter 11, is unity. of me Code of `me rims a ci�ay` ,bid to,rk : amr..11 is a. -ladle mr reyle em mo on nor r me Gray Jerk. Poom v del aylor Munlcipnl Bul Ming, 215 Church Avenue, S.W., R..rmo. VuEnda.W Allcod5 of the reformation do ethe s utility y be v wed at the City website at nokeva.goe (se a link on mawi�a mr .fo.mwat" ruddy mmrmaer;�). nine coo esrud ado ne he repo athls m If you a pwah a di:acinty who held, fury ce me or amns for thia headne. :e contact me City Clerk, ofuee at (54.1 a -z54t, b he pme Ime of me heard. ' :em auoye. lung EN order my hand tuns 6th nay of 5tephanlc M. Moon Reynolds. PANIC ty Clerk a4c42s> Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 06106,0611312017 The First insertion being given ... 06/0612017 Newspaper reference: 0000545426 s'jA I — V a- 14LA� - Billing epresentative Sworn to and subscribed before me this Tuesday, June 13, 2017 Qlotary Ai1bh .t`P M�Ery,/,' Sta of Virginia c( P,. .. 'IN NOT,.RY':21m City/County of Roanoke �'\ - PUBLIC y C My Commission expires (J * . REG. #332964 MY COMMISSION THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU " ' FALTli t� �v NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, June 19, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider a proposed ordinance amending Section 11.5 -8, Billing penalties, and interest, of Chapter 11.5, Stormwater Utility, of the Code of the City of Roanoke (1979), as amended. The proposed amendments to the stormwater utility code provide for a technical amendment that results from the amendment of Chapter 14.1, Solid Waste Manaeement, of the Code of the City of Roanoke, and the enactment of a new solid waste collection fee. As a result of the new solid waste collection fee and such solid waste fee having first priority of payments being applied to it, Section 11.5 -8 of City Code with respect to the Stormwater Utility must be amended to update the priority of payments received by the City and how those payments are applied to the taxes and fees included on the real estate tax bill. A copy of the proposed ordinance, which would amend 11.5 -8, Billing` penalties, and interest, of Chapter 11.5, Stormwater Utility, of the Code of the City of Roanoke (1979), as amended, is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. A copy of the above ordinance as well as other information on the stormwater utility may be viewed at the City's website at www.roanokeva.eov (see the link on the left side for stormwater utility information). All parties and interested persons may appear on the above date and be heard on this matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 6th day of June 2017. Stephanie M. Moon Reynolds, MMC City Clerk Note to Publisher: Please publish twice in The Roanoke Times, Legal Notices, once on Tuesday, June 6, 2017, and once on Tuesday, June 13, 2017. Send Certification /Affidavit to: Stephanie M. Moon Reynolds, MMC, City Clerk Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, VA 24011 Phone: (540) 853 -2541 Send Invoice to: Dwayne D'Ardenne Stormwater Utility Manager City of Roanoke— Department of Public Works 1802 Courtland Road, N.E. Roanoke, VA 24012 Phone: (540) 853 -1756