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HomeMy WebLinkAboutCouncil Actions 08-21-17GARLAND o* 40924 - 082117 ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 21, 2017 2:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order- -Roll Call. Council Member Trinkle arrived late The Invocation was delivered by The Reverend Seungsoo 'RX Jun, Senior Pastor, Raleigh Court United Methodist Church. Mayor Sherman P. Lea, Sr. called for a Moment of Silence in memory of Heather Heyer, Pilot Lieutenant H. Jay Cullen and Trooper Pilot Berke M. M. Bates who were victims due to a white nationalist rally held in Charlottesville, Virginia on August 11 and 12, 2017. 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 Friday, August 25 at 7:00 p.m., and Sunday, August 27 at 4:00 p.m.; and video streamed through Facebook Live at facebook .com /roanokecitycouncil. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE ANNUAL STATE OF THE CITY ADDRESS WILL BE HELD ON THURSDAY, AUGUST 24, 2017 AT 8:00 A.M., AT THE HOTEL ROANOKE AND CONFERENCE CENTER, 110 SHENANDOAH AVENUE, N. W., AND WILL BE TAPED AND REPLAYED ON RVTV CHANNEL 3 ON THURSDAY, AUGUST 31 AT 4:00 P.M. AND 8:00 P.M.; AND SATURDAY, SEPTEMBER 2 AT 4:00 P.M. AND 8:00 P.M. THE COUNCIL OF THE CITY OF ROANOKE IS ACCEPTING NOMINATIONS FOR THE 2017 CITIZEN OF THE YEAR. FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE OR AT EACH CITY LIBRARY BRANCH. DEADLINE FOR RECEIPT OF NOMINATIONS IS WEDNESDAY, SEPTEMBER 27, 2017. The Council of the City of Roanoke is seeking applications for the following current vacancies and /or upcoming expirations of terms of office: City of Roanoke Redevelopment and Housing Authority — one vacancy Four -year term of office ending August 31, 2021 Mill Mountain Advisory Board — one vacancy Term of office ending June 30, 2020 Parks and Recreation Advisory Board — three vacancies Terms of office ending March 31, 2020 Unexpired term of office ending March 31, 2018 Personnel and Employment Practices Commission — one vacancy Term of office ending June 30, 2020 Roanoke Neighborhood Advocates — one vacancy Unexpired term of office ending June 30, 2019 Visit Virginia's Blue Ridge, Board of Directors — one vacancy Term of office ending June 30, 2018 Youth Services Citizen Board — four vacancies Two -Terms of office ending June 30, 2020 (Citizen At- Large) One - Unexpired term of office ending June 30, 2018 (Public Sector) One -Term of office ending June 30, 2018 (Student/William Fleming) Access the City's homepage to complete an online application for the abovementioned vacancies. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Adopted Resolution No. 40924 - 082117 supporting the City of Charlottesville and reaffirming the commitment of the City of Roanoke to the values of inclusion, diversity, and individual respect upon which a more perfect City, Commonwealth, and Country can be created. (6 -0) 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. Gregory Hunt, 1311 Centre Avenue, N. W., appeared before the Council to request support of the Inner City Athletic Association (IICA) being considered a separate region, a part from the Star City Region of the Youth Athletic Council. Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and again expressed dissatisfaction regarding his termination as a City employee. Geoffrey Campbell, 780 Tinker Mill Road, Daleville, appeared before the Council regarding sections of the Ground Transportation policy as implemented at the Roanoke Regional Airport Commission. Ben Early, 1415 Antrim Street, Salem, appeared before the Council to express his frustration regarding the sections of the newly- revised Ground Transportation policy as implemented by the Roanoke- Regional Airport Commission. 4. CONSENT AGENDA: (APPROVED 6 -0, as amended, with Item C -3 and C -4 considered separately. All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C -1 Minutes of a special meeting of City Council held on Thursday, May 25, 2017; and regular meeting of City Council held on Monday June 5, 2017. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. 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 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 -5 Reports of qualification of Robert Lewis Leftwich as a City representative of the Roanoke Valley Regional Cable Television Committee for a three -year term of office ending June 30, 2020; and Sarah Glenn as a member of the City Planning Commission to fill the unexpired term of Paula Page Williams ending December 31, 2020. RECOMMENDED ACTION: Received and filed. C -3 A communication from the Acting City Manager in response to an inquiry from Council Member John A. Garland at the June 5, 2017 Council meeting with regard to downtown flooding. The communication was received and filed, on motion, duly seconded and adopted. C -4 A communication from the Assistant City Manager for Community Development in response to a request from Council Member John A. Garland at the June 5, 2017 Council meeting with regard to the Inner -City Athletic Association (IICA). Council suggested that the IICA and Northwest Recreation Club representatives meet to discuss a plan whereby both parties can work together for the betterment of the inner -city youth. Vice - Mayor Price agreed to coordinate the meeting. The communication was received and filed, on motion, duly seconded and adopted, with Council Member Garland voting no. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. A communication from the Commonwealth's Attorney recommending acceptance of the Multi- Jurisdictional Special Drug Prosecutor Grant from the State Compensation Board; and a communication from the Acting City Manager concurring in the request. Adopted Resolution No. 40925- 082117 and Budget Ordinance No. 40926 - 082117.(6 -0) 7. REPORTS OF CITY OFFICERS AND COMMENTS OF ACTING CITY MANAGER: a. ACTING CITY MANAGER: BRIEFINGS: Public Art Work Plan FY2018 - 15 minutes On motion, duly seconded and adopted, Council concurred in the recommendation of the Roanoke Arts Commission to fund the FY2018 expenses totaling $104,500.00. ITEMS RECOMMENDED FOR ACTION: Acceptance of the Fiscal Year 2017 "Four- For — Life" Grant from the Commonwealth of Virginia, Department of Health, for Emergency Medical Services (EMS) for training, supplies or other appropriate items. Adopted Resolution No. 40927 - 082117 and Budget Ordinance No. 40928-082117. (6-0) COMMENTS OF ACTING CITY MANAGER. The Acting City Manager offered the following comments: Public Art Program Celebrates 10 -Year Anniversary • This year the City of Roanoke is celebrating the 10 -year anniversary of its Public Art Program. To commemorate this milestone, the Roanoke Arts Commission will highlight a different work of art and continue monthly throughout the 2017.2018 fiscal year. • To promote the anniversary, the city will host live videos from different public art pieces and hold contests each month on Facebook and Instagram to generate interest in public art. The public is encouraged to visit art around the city and post photos to social media using #ArtlnRoanoke. Prizes include tickets, passes, and memberships to many of the arts and cultural attractions around the city, as well as $50.00 gift cards to Downtown Roanoke. State of the City Address This Thursday • Citizens are invited to attend the State of the City Address on Thursday, August 24, at Hotel Roanoke. While this event begins with a breakfast for the Roanoke Regional Chamber of Commerce business community at 7:30 a.m., the Mayor's Address, which begins at 8 a.m., is a free public event. Seating will be provided for citizens who wish to attend. The address will be recorded and replayed on Roanoke Valley Television Cox Channel 3 on Thursday, August 31, at 4:00 p.m. and 8:00 p.m., and on Saturday, September 2, at 4:00 p.m. and 8:00 P.M. Upcoming Elmwood Park Concerts • Symphony Under The Stars: At The Movies! Saturday, August 26, Elmwood Park, 7:30 p.m., Roanoke Symphony Orchestra and Chorus • Budweiser Summer Series "Third Eye Blind" Friday, Sept. 15, Elmwood Park Amphitheater, Gates Open: 7:30 p.m., Show Starts: 9:00 p.m. Reminder: City Offices will be closed on Monday, September 4, for the Labor Day holiday, with City Council meeting being held on Tuesday, September 5, 2017, commencing at 9:00 a.m. 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. 40929. 082117. (6 -0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: A resolution amending Resolution No. 40923- 080717 to reflect the correct name of Robert S. Cowell, Jr., the newly elected City Manager. Adopted Resolution No. 40930-082117. (6-0) 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. A resolution authorizing waiver of notice requirements for the Special Meeting of the Stockholder of Greater Roanoke Transit Company (GRTC) set for Monday, August 21, 2017, at 4:00 p.m., pursuant Section 4(a), Article II of the By -Laws of GRTC. Adopted Resolution No. 40931. 082117.(6 -0) b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESSED AT 4:31 P.M. At this point, Council Member Trinkle arrived at the meeting (4:31 p.m.). AT 4:31 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM; AND THEREAFTER TO BE RECONVEND AT 7:00 P.M., IN THE COUNCIL CHAMBER. ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 21, 2017 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. All Present The Invocation was delivered by The Reverend Charles E. Wilson, Jr., Lead Pastor /Founder, The Hill Church. Mayor Sherman P. Lea, Sr. called for a Moment of Silence in memory of Heather Heyer, Pilot Lieutenant H. Jay Cullen and Trooper Pilot Berke M. M. Bates who were victims of a white nationalist rally held in Charlottesville, Virginia on August 11 and 12, 2017. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. CERTIFICATION OF CLOSED MEETING. (7 -0) NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Friday, August 25 at 7:00 p.m., and Sunday, August 27 at 4:00 p.m.; and video streamed through Facebook Live at facebook .com /roanokecitycouncil. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Mayor Lea recognized, congratulated, and honored athletes from William Fleming High School and Patrick Henry High School athletes for the 2017 spring sports season. Adopted Resolution Nos. 40932- 082117, 40933 - 082117, 40934- 082117, 40935- 082117,40936 - 082117, and 40937 - 082117. (7 -0) B. PUBLIC HEARINGS: 1. Request of Roy Main to vacate, discontinue and close a portion of an alley between the 1900 block of Patterson Avenue and Chapman Avenue, S. W. Roy Main, Spokesperson. Adopted Ordinance No. 40938-082117. (7-0) 2. Request of Bradley and Angela Yarbrough to rezone property located at 642 Walnut Avenue, S. E., from R -5, Residential Single - Family District, to R -12, Residential Single - Family District. Bradley and Angela Yarbrough, Spokespersons. Adopted Ordinance No. 40939- 082117.(7.0) 3. Proposal of the City of Roanoke to authorize eminent domain condemnation proceedings in connection with acquisition of certain property interests and up to and including the fee simple interest for the 'Bridge the Gap Project', such property interests to be across, on, and under located at 0 Railroad Avenue, S. W.; and for acquisition of the fee simple interest in certain privately -owned real property for the 'Bridge the Gap Project' located at 0 Roanoke Avenue, S. W., as part of the operation, maintenance, and expansion of the Roanoke River Greenway. Sherman M. Stovall, Acting City Manager; and Daniel J. Callaghan, City Attorney. Adopted Ordinance No. 40940-082117. (7-0) 4. Proposal of the City of Roanoke to lease approximately 86,501 square feet of City -owned property, commonly known as 5550 Precision Circle, N. W., and formerly known as 1302 Municipal Road, N. W., to The Hertz Corporation to be used as a maintenance, storage and servicing operation for a term of four years and three months, beginning October 1, 2017. Sherman M. Stovall, Acting City Manager. Adopted Ordinance No. 40941-082117. (7-0) 5. Proposal of the City of Roanoke to sell approximately 0.1546 acres of land located on Carver Avenue, N. E., to Shenandoah Telecommunications Company, a Virginia Corporation, in order to construct a communications equipment building as part of its telecommunications network. Sherman M. Stovall, Acting City Manager. Adopted Ordinance No. 40942-082117. (7-0) At this point, Council Member Garland left the Council Chamber (9:17 p.m.) 6. Proposal of the City of Roanoke to sell approximately 1.4 acres of land and improvements, known as the former Fishburn Park Caretaker's Cottage, located at 2424 Brambleton Avenue, S. W., to Lora J. Katz, in order to restore the building and use it for a single family residence. R. Brian Townsend, Assistant City Manager for Community Development. The City Attorney announced that Council Member Garland having previously acknowledged a personal conflict at a prior Council meeting in connection with the matter. On motion, duly seconded, the public hearing was continued until the regular meeting of the Council scheduled for Monday, September 18, 2017, at 7:00 p.m., or soon thereafter as the matter may be heard. (4 -2, with Council Members Bestpitch and Ferris voting no). C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. D. ADJOURNED - 10:28 P.M. 10 +�R CITY OF ROANOKE CITY COUNCIL 21 S Church Avenue, S.W. � Noel C. Taylor Municipal Building, Suite 456 Roanoke. Virginia 24011 -1536 Telephone. (540) 853 -2541 SHERMAN P. LEA, SR. Fax: (540) 853 -1145 Mayor Email.. clerk(limanokeva.gov August 21, 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. session of Council on Monday, August 21, 2017. Best wishes for a successful meeting. Sincerely, vid Vrinkle Council Member DBT /ctw CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avemle, S. W., Suite 456 Rommke, Virginia 24011 -1536 'CdepLOnc (540)853 -2541 Fvz: (540)853 -1145 51'1(I'IIANIH M. MOON RPYNO1.Dti, k1M1i(' E -t it cicrkG, mvnnkovn'8O° ('Ii( ELAN F. MCCON ('ib ('la k Del„ ly (-Ip ('Icrk ('E('1[I.IA "r. W k:DD, ('N1(' AvvkWU lh nh ('il) ( Jerk August 28, 2017 The Reverend. Seungsoo Jun (RJ) Raleigh Court United Methodist Church 1706 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Pastor Jun: 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, August 21, 2017. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, Step on Rer e City Clerk SMR:aa Paige Rice Clerk of Council City of Charlottesville P. O. Box 911 Charlottesville, Virginia 22902 Dear Ms. Rice: I am enclosing copy of Resolution No. 40924 - 082117 supporting the City of Charlottesville and reaffirming the commitment of the City of Roanoke to the values of inclusion, diversity, and individual respect upon which a more perfect City, Commonwealth, and Country can be created. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 21, 2017. Sincerely, W Stephanie M. M on R�t�ol MC City Clerk Enclosure PC: Kan J. VanDiest, President, and Members of the Virginia Municipal Clerks Association /via email CITY Of ROANOKE OFFICE OF THE CI'T'Y CLERK 215 ('hnreh Avenur, S. W., Room 456 Roanoke, Virginia 24011 -1536 'I'cic14yulv: m .541 (5 411) HS 1 - 1 1455 .S'I'N PIIANIN M.OIOON I(1(YNOI.I) S, 6(DI(. 12muil: cicrluu ruwmkccu'anv ('L('I!LIA IS M('('OY CN) ('Ierk D"Ni y ('ily (' let k ('JA ELIA'1'. WH66, ('AI(' August 23, 2017 Asu%ltl Depidy (it) ('lei k .v Paige Rice Clerk of Council City of Charlottesville P. O. Box 911 Charlottesville, Virginia 22902 Dear Ms. Rice: I am enclosing copy of Resolution No. 40924 - 082117 supporting the City of Charlottesville and reaffirming the commitment of the City of Roanoke to the values of inclusion, diversity, and individual respect upon which a more perfect City, Commonwealth, and Country can be created. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 21, 2017. Sincerely, W Stephanie M. M on R�t�ol MC City Clerk Enclosure PC: Kan J. VanDiest, President, and Members of the Virginia Municipal Clerks Association /via email IN "I I IE ('OUNC [I, OE'I`I IE CITY OF ROANOKF, VIRGINIA The 21st day of August, 2017. No. 40924 - 082117. A 12ESOI,U HON supporting the ('fly of Charlotesvi Ile and reaflurning the commitment of the City of Roanoke to the values of inclusion, diversity, and individual respect upon which a more perfect ('fly, Commonwealth, and Country enn be created. WHEREAS, the violent, racist, and tragic events that occurred in the City of Charlottesville on August 11 -12, 2017, were an attack on all citizens of the Commonwealth of Virginia and the United States of America; WHEREAS, the City of Roanoke stands in unwavering support of the City of Charlottesville and its citizens; WHEREAS, white nationalism, white supremacism, anti- Semitism, and neo- Nazism are hated - filled, bigoted ideologies that have no place in America and present clear and present threats to the social fabric of our City, our Commonwealth, and our Country; WI IEREAS, the bigotry, violence, and prejudice spewed by these groups are an affront to our nation's founding principles of life, liberty, and justice for all; WHEREAS, the City of Roanoke, the seven -time All- America City and a community of 105 nationalities, serves as a welcoming harbor of hope, opportunity, and mutual respect; WHEREAS, our City, our Commonwealth, and our Country strive to perfect the ideal that all men and women are created equal, endowed by their Creator, with unalienable rights including the rights of life, liberty, and the pursuit of happiness; I WI IEREAS, the City of Roanoke endeavors to create and nurture a vibrant and diverse cunttnunity in which cacti of its citizens has the opportunity to live, grow, worl., and prosper ilia welcoming cnvi ronmcnt; WHEREAS, the recent events in the City of Charlottesville demand an unconditional condemnation of hatred and bigotry and the unwavering support of democracy throughout our City, our Commonwealth, and our Country; and WI IEREAS, the City of Roanokc seeks to establish, pres'crve, and protect an environment in which all people are welcome and can live, prosper, and grow in a safe, secure, and loving community. THERE -ORE, BE 1T RESOLVED by the Council of the City of Roanoke, Virginia that: The City of Roanoke, Virginia stands with unconditional support for the City of Charlottesville, Virginia and its citizens following the tragic events ofAugust 11 -12, 2017. 2. The City of Roanoke, Virginia reaffirms its commitment to the values of inclusion, diversity, and individual respect upon which a more perfect City, Commonwealth, and Country can be created. 3. The City of Roanoke, Virginia denounces and rejects the racist and bigoted ideologies of white nationalists, white supremacists, anti- Semites, and neo- Nazis, as well as any individuals or groups that espouse violence and net orism for any reason. TFS ��AT�� u4l Q, F i yt\ City Clerk. 2 oFe M CITY OF ROANOKE CITY COUNCIL I215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853 -2541 SHERMAN P. LEA, SR. Fus: (540) 853 -1145 Mayor Email: clerk4roanokeva.gov August 21, 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. `Bay Perris John A. Garland Anita 1. Price David B. Tinkle 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 CI0 TY OF ROANOKE OFFICE OF THE CITY CLERK 215 ('Iwreh Avenue, S. W., Suite 456 Roanoke, Vi, ginia 24011 -1536 Telephone: (40) 85] -2541 tr� kax: 1541) 853-1145 S1ITHANI1:'N1. N10ON Rk: \'NOI.IIS, PING k ?:nail clerk(n ,'ommkevn.gnv (it, ('lerk August 23, 2017 Elaine Bays- Murphy, Cable Access Manager Roanoke Valley Regional Cable Television 541 Luck Avenue, S. W., Suite 145 Roanoke, Virginia 24016 Dear Ms. Bays- Murphy: ('F.('Nlb\ 1. N(('O\' Ileum }'('it,'('Icrk ('EOA 1A'I'. N9•:BII, ('61(' Ase,Wil llepuh ('it, Clerk This is to advise you that Robert Lewis Leftwich has qualified as a City representative of the Roanoke Valley Regional Cable Television Committee for a three -year term of office, ending June 30, 2020. Sincerely, yvl�.ry�gezoQ&� Stephanie M. Moon Reynolds, MC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Robert Lewis Leftwich, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as the City representative of the Roanoke Valley Regional Cable Television Committee for a three -year term of office of ending June 30, 2020, according to the best of my ability. So help me God. � i Rdl3tT LEWlSjtFTWlCH The foregoing oath of office was taken, sworn to, and subscribed before me by Robert Lewis Leftwich this _,�Ildday of 2017. Brenda S. Hamilton, Clerk of the Circuit Court By /� L'z , Clerk August 22, 2017 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: This is to advise you that Sarah Glenn has qualified as a member of the City Planning Commission to fill the unexpired term of Paula Page Williams ending December 31, 2020. Sincerely, Stephanie Moon Reynolds, 1G1MC City Clerk CITY OF ROANOKE a OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telepkune: (540)X53 -2541 Fn.a: (540)853-1145 STEPII AN E M. MOON REYNOLDS, MM(' E -mail: clerk(p)innnokeva ne CECELIA F. MCCOY Clay ('lerk Deputy City Clerk CECELIA T. W EBB, CMC Assistant Deputy City Clerk August 22, 2017 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: This is to advise you that Sarah Glenn has qualified as a member of the City Planning Commission to fill the unexpired term of Paula Page Williams ending December 31, 2020. Sincerely, Stephanie Moon Reynolds, 1G1MC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Sarah Glenn, 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 City Planning Commission to fill the unexpired term of Paula Page Williams ending December 31, 2020, according to the best of my ability. (So help me God.) SE"_ SARAH GLENN The foregoing oath of office was taken, sworn to, and subscribed before me by Sarah Glennthis H dayof PM r'1 2017. Brenda S. Hamilton, Clerk of the Circuit Court TePL)I Next_ BY ��� , Clerk- Downtown Stormwater Review by JAG • Wanted to bring attention to this very important document to the citizens of Roanoke • It is staff's very thorough study and response to downtown flooding, which we all know is a very difficult, long standing and an expensive problem to overcome. Many of the storm sewers have been in place since the early 1900's. City staff's response was comprehensive, detailed and ongoing. • First you have to know what you have and where you are vulnerable. This work is mostly complete, but will be ongoing for the remainder of this year and beyond and involves collaboration with VT. • We must continue to understand that no matter what the implementation, vulnerabilities remain because of Roanoke's location with low elevations relative to the Roanoke River and cognizant that storm systems are designed to the 10 year storm event. Only so much protection is possible, but the City's intent is to provide improvements and to meet State requirements. • Reprioritizations toward downtown drainage • Implement solutions that are smaller and can be handled by City forces • Green initiatives • Facade grants can be used for flood protection • Funds are one of the limiting factors. Only 1 of the 5 most urgent projects is funded. Council needs to seriously consider what can be done financially to fund priority projects ($12.OM). • Green initiatives — market and incentivize and possibly mandate in critical watershed • Market and incentivize flood protection measures for problem buildings. • And, one last comment regarding a near downtown flooding problem, which is at 101h Street and Campbell Ave., NW. This floods so often that the fire and rescue are on alert to block off Campbell Avenue during storm events. It has and continues to cause personal property damage, but apparently the fix is extremely costly. Consideration should be given to purchasing affected properties if we cannot fix, similar to what the City has done in other parts of the City. • Thank you Duane D'Ardiene and Acting City Manager for your followup and thorough investigation and I invite any citizens to obtain a copy of the report from the City. OFFICE OF THE palB MANAGER Noel ChurchlA Municipal Building 215 Roanoke, Church Avenue, 011 Room 364 Roanoke, Virginia z4ou 540 853,2333 ROANOKE www.roamanoke keva.gov August 7, 2017 Honorable Mayor and Members of City Council: Subject: Downtown Flooding In response to a request from Council Member Garland, you will find attached information, prepared by Stomwater Utility Division staff on downtown flooding, activities to date to address flood events, and future plans. I trust the attached document is responsive to the request for information. If there are additional questions or the need for a briefing, please advise. Sincerely, 4'a'ra f� Sherman M. Stovall Acting City Manager Council Appointed Officers R. Brian Townsend, Assistant City Manager - Community Development Robert K. Bengtson, Director of Public Works Dwayne R. D'Ardenne, Stormwater Utility Division Manager Flooding in Downtown Roanoke Problem Statement: While flooding in downtown Roanoke has occurred many times over the course of the City's history, a perceived increase in flooding frequency is cause for concern. Three times during 2016 and once during 2017, several downtown streets and buildings have experienced flooding within and near the FEMA approximated floodplain. • June 15, 2016: 1.82" of rain fell in 31 minutes with intensity up to 5.16" /hour • July 12, 2016: 1.48" of rain fell in 36 minutes with intensity up to 7.60" /hour • August 15, 2016: 2.26" of rain fell in 50 minutes with intensity up to 5.56" /hour • June 15, 2017: 1 .26" of rain fell in 21 minutes with intensity up to 2.31 " /hour These four recent flood events have occurred as a result of extreme thunderstorms where the drainage system became overwhelmed by the precipitation intensity and the resulting volume of stormwater runoff. Background: Current design standards require storm drainage systems to convey stormwater runoff generated by a 10 -year storm (e.g. Rainfall of approximately 0.5" in 5 minutes, 1.0" in 15 minutes, 1.5" in 30 minutes, 2.0" in 60 minutes, 3.0" in 6- hours, 4.7" in 24- hours, or 5.5" in 48- hours.) There are three main culverts that convey a combination of the Trout Run perennial stream and stormwater runoff from the Trout Run watershed through downtown to the concrete lined channel that runs parallel with Norfolk Southern's East End Shops to the confluence with Tinker Creek and the Roanoke River. For reference, the Trout Run watershed begins just west of Lafayette Boulevard and flows southeast under the Coca -Cola plant, Norfolk Southern Railroad tracks, and then flows under downtown. The first of three large culverts is along Norfolk Avenue flowing east from approximately the Gainsboro Road (2 "d Street) Bridge and is about 6' tall x 12' wide. A large portion of this culvert was recently lined with a corrugated metal arch as a part of the forthcoming Amtrak Passenger Rail project. The second of three culverts is along Campbell Avenue flowing east from approximately 1" St SW and is about 7.5' tall x 10' wide. The third "connector" culvert starts upstream of Coca -Cola and flows diagonally southeast under Shenandoah Avenue and Norfolk Southern tracks where it connects with the Norfolk Avenue culvert, then continues diagonally southeast under Warehouse Row, Salem Avenue and then connects with the Campbell Avenue culvert. The age of these culverts vary, but staff has found survey maps dating to 1911 showing the diagonal culvert running under Shenandoah Avenue, Norfolk Southern track, Warehouse Row, Salem Avenue and turning east onto Campbell Avenue. Suffice it to say that these culverts were constructed long before the current 10 -year storm design standard was established. The term 10 -year storm comes from the National Oceanic and Atmospheric Administration (NOAA) and the National Weather Service (NWS). Rainfall events (storms) are analyzed for intensity and duration over a given area to determine the average frequency of recurrence. Based upon a statistical analysis of the precipitation data at the Roanoke - Blacksburg Airport, NOAA has created a chart with recurrence intervals for precipitation frequencies in the Roanoke area. While the 10 -year storm is the current engineering design standard, these recent downtown flood events resulted from rainfall volumes and /or intensities of higher recurrence intervals (i.e. June 2016 and August 2016 events resulted from 25 -year storms, the July 2016 storm was a 10 -year storm but had the highest intensity of all 4 events, and the June 2017 event was between a 10 -year and 25 -year storm for both volume and intensity.) Work to Date: To address these more frequent downtown flood events, the Stormwater Division has completed or is working on the following: 1. During late 2016 and early 2017, all Stormwater CIP projects were reviewed, mapped, consolidated, reprioritized, and costs were updated. The results were that five of the top six reprioritized projects are now downtown CIP projects: • #1 - Jefferson Street -2 project slated for FY21 construction with a value of $1 SM to increase pipe sizes along Jefferson Street between Day Avenue and Luck Avenue, as well as replace an inadequate drop inlet at the corner of Jefferson and Franklin with a curb inlet. #3 - Rorer Avenue -2 project not yet slated for construction with a value of $5.6M to replace the existing 3' pipe and 3'x3' box culvert between S" St and 21 St with a 48" x48" box culvert. • #4 - Franklin Road -1 project not yet slated for construction with a value of $2.2M to upsize the stormdrain trunk line and tie -in lateral pipes along Franklin Road between Day Avenue and 2ntl Street, as well as along 2"' St between Franklin Road and Luck Avenue. • #5 - First Street -1 project not yet slated for construction with a value of $190,000 to install two additional drop inlets on 1" St between Church Avenue and Kirk Avenue as well as add 15" pipe connecting directly to the 1" St trunk line. • #6 - Luck Avenue -1 project not yet slated for construction with a value of $4.OM to install new curb inlets to the intersections of 51" St. with Day Avenue and Luck Avenue. Associated piping will also be upsized to the required capacity along 5'" St between Marshall Avenue and Luck Avenue, as well as on Luck Avenue between 5" Street and 3 I Street. This consolidation and reprioritization process has resulted in a shift of Stormwater CIP program focus because the historical neighborhood CIP project focus has been significantly reduced now that 9 of the 18 downtown Stormwater CIP projects have moved into the next top 20 (after the current top 20 neighborhood CIP projects that are already in process of design, plan review, right -of -way acquisition, construction, or complete.) A complication of this consolidation and reprioritization process is that 14 of the next top 20 projects are now estimated to cost over $1 .OM each to construct. With VDOT Revenue Sharing not yielding any stormdrain project funds for FYI 8, our Stormwater Utility only has $2.65M available for CIP drainage projects this fiscal year and that trend may continue into the future. While we did receive $1.5M in DEQ Stormwater Local Assistance Funding this year, all of that funding is earmarked for Watershed Master Plan identified stream restoration projects. Bottom line is that instead of completing 6 or 7 neighborhood CIP projects per year, those same resources may only allow completing 2 or 3 reprioritized CIP projects per year going forward. 2. Relatedly, there has been a suggestion by Councilman Garland to reroute stormwater runoff from the 10" Street area portion of the Trout Run watershed to flow directly to the Roanoke River instead of through downtown. At the initial suggestion, our Stormwater Division engineers reviewed that option and determined the construction cost to be exorbitant due to the following constraints: • Installing piping such that Stormwater will gravity flow downhill against the existing uphill surface topography on 10'" Street, • Tunnel boring under the railroad tracks for a new stormdrain culvert, and • Traversing the steep grade between Ferdinand Avenue and the Roanoke River. Regardless of the initial in -house review, our VT Urban Stormwater research team will revisit that idea again as part of the forthcoming Trout Run Watershed Master Plan (See Future Plans #3 below.) 3. During the week of July 17, 2017, in -house Stormwater Division staff and VT researchers completed a walking survey of the Campbell Ave culvert as well as the diagonal culvert that runs from Shenandoah Avenue to Campbell Avenue. (Note that an in -house CCTV inspection of the Norfolk Avenue culvert was performed in 2016 after completion of the corrugated metal arch installation project.) 4. During the week of July 24, 2017, eight (8) water level dataloggers were installed in strategic places along all three large culverts that carry Trout Run under Norfolk Avenue, Campbell Avenue, and the connector diagonal culvert. These United States Geological Survey (USGS) recommended dataloggers will provide data at 5- minute increments during future precipitation events to verify how full those three culverts run as well as how quickly water rises and falls during and after storm events. Obtaining this data and then cross referencing that data against the specific precipitation event duration and intensities is critical to targeting our best next steps to address future flooding caused by extreme storm events. Future Plans: The Stormwater Division plans to proceed as follows: 1. The July culvert walking survey information, including pictures, video, and CCTV data is still being processed, but initial follow -up items include the following: • A brick wall designed to divert more stormwater to the culvert running under Norfolk Avenue than the culvert running under Campbell Avenue has been damaged and needs to be repaired. • Sediment needs to be cleared from the portion of diagonal culvert between the Norfolk Avenue culvert and the Campbell Avenue culvert. • Two 22" diameter sanitary sewer laterals run perpendicular through the diagonal culvert just downstream of Norfolk Avenue thereby creating a significant reduction in culvert flow capacity. Coordination with the Western Virginia Water Authority will be necessary to determine options to remedy this flow restriction. • With existing culvert sizes and alignments having been field verified as a result of this walking survey, a Hydraulic and Hydrologic study (H & H Study) should be performed to assess the true flow capacity of the existing culvert system. This H & H Study should include future data obtained from the culvert dataloggers that were installed during the week of July 24. 2. During the fall of 2017, the City's Engineering Division will reinstall a vertical drain inlet in the alley behind 101 Campbell Avenue, S.W. that was removed back in 2009 as part of a repair project in that alley. 3. By the end of 2017, our multi -year Urban Stormwater Research project with the VA Tech Department of Civil & Environmental Engineering will complete the year -long effort to create a watershed master plan for the entire Trout Run watershed. This Watershed Master Plan (WMP) will provide the necessary information and analysis for long -term implementation planning as well as prioritize capital improvement projects (stormwater quantity) and best management practice implementation (stormwater quality.) As with previous WMP's, the Trout Run WMP will be based on field collected and verified data including physical and biological make -up of the main drainage channel of the watershed; the configuration of the stormwater pipe system that drains to this channel; and the characteristics of the watershed's land surface that dictate hydrology and water quality. 4. By the end of 2017, in a partnership with Virginia Tech and the USGS, nine (9) precipitation monitoring stations will be strategically installed across the City. This precipitation monitoring network was a VT recommendation in the 2016 WMP for Tinker Creek and its tributaries. The rationale is that the single Roanoke - Blackburg Airport precipitation gauge does not provide the temporal and spatial resolution needed to analyze precipitation timing and distribution across the City. Specifically, data from only two of these four recent downtown flood events were fully captured at the Airport. The July 12, 2016 and August 15, 2016 events tracked south of the Airport which means that the weather data included above was captured by Weather Underground precipitation stations that may or may not have been recently calibrated. Regardless, understanding how extreme storm event precipitation timing and distribution varies across the City's 14 watersheds allows for an increased understanding of how our urban hydrologic system responds. This new monitoring network will provide reliably accurate data to help manage and model the City's existing stormwater infrastructure as well provide first responders with real -time monitoring to better allocate resources during extreme precipitation events. This network could also be used as a tool to educate Citizens and students about precipitation and potential risks of flooding. Citizen Assistance: The Stormwater Division plans to encourage Citizens to participate in the alleviation of downtown flooding as follows: 7. Encouraging downtown property & business owners as well as property owners upstream of downtown to install Green Infrastructure on or around their building which would slow the flow of Stormwater from their parcel into the existing (and limited capacity) downtown stormdrain system - thereby following the City's lead downtown with both Greenroof and Rainwater Harvesting systems on the Municipal Building as well as Pervious Pavement and Rainwater Harvesting systems at Elmwood Park. This encouragement will be in a variety of ways: • Stormwater Fee Credits are already available for those parcel owners that have or install Green Infrastructure on their property. • Recommendations for specific Green Infrastructure upstream of downtown will be included in the forthcoming Trout Run Watershed Master Plan. • Green Infrastructure is included as a desirable feature in the forthcoming "Downtown Plan" via the City's Department of Planning, Building, & Development. Green Infrastructure likely will be included as desirable in the forthcoming Parks Master Plan update by the City's Department of Parks & Recreation. 2. Encouraging downtown property & business owners with parcels in the FEMA approximated floodplain to install flood control devices on their parcels. This encouragement will also be in a variety of ways: The City's Department of Economic Development has facade grant funding available that may be used to flood proof downtown building envelopes (i.e. flood proof doors, windows, walls, etc.) as part of an approved facade upgrade package. • The Stormwater Division continues to research commercially available building flood proofing options and intends to share those options with DRI and other interested parties. Inter -City Athletic Club (ICAA) Review of Staff Statement by JAG • In my opinion, 8 years ago, when the decision was made to merge 17 independent community organizations that offered youth athletics into 4 new quadrant based clubs, there were those that were left behind. And in so doing, in my opinion, some of our youth were left behind. • I understand the reasoning behind going to a quadrant based system that was run by an independent Board, known as the Youth Athletic Council (YAC). It brought simplicity through shear reduction in the number of clubs, it placed increased financial burden on the 4 new clubs, thus reducing the City expense and it placed additional organizational responsibility on the 4 new clubs. All easier and less expensive for the City. • My motive for involving myself in our Youth Athletic system is simple. I want as many of our youth, particularly disadvantaged youth in the NW quadrant to have unencumbered access to youth sports. ICAA has provided unparalleled mentorship, guidance and direction on and off the sports field for 5 decades and we should encourage and uplift their efforts whenever possible. Again, in my opinion, some of our NW youth are being left behind. • 8 years ago, ICAA was asked by the City, along with the other 17 community organizations to merge with another club, create a new club or withdraw from the youth athletic partnership. As can be imagined, the mass scramble for control of the 4 new clubs began, after such a direction from the City. Church youth sports clubs withdrew, school clubs withdrew, YMCA withdrew and those that were not quick on the draw either ceased to exist or had to go their own way, without City support and without fields to play on. The latter was the case for ICAA, initially traveling to Lynchburg to play on fields welcomed to them by that Community. ICAA has continued a struggled existence for these last 8 years, unable to obtain field time or to be a part of the organized system, unless they simply gave up their identity and joined their quadrant Athletic Club. In my opinion, our legacy youth athletic clubs should be revered an honored for the good works they have done. • Most recently ICAA has wholeheartedly agreed to include all required 5 sports of the current YAC based system and have agreed to abide by all current rules and standards of conduct, if allowed access as a 5th region in the current YAC system. • I have been trying to encourage new dialogue and collaboration between parties to find a better way to be more inclusive. Unfortunately former disagreements that have resulted in long standing bruises are winning the day. I say it is time for a new day and to let the healing begin. I encourage our youth leaders to let bygones be bygones and commit to being motivated solely on what is best for the youth. • I encourage the City to meet with the 2 designated ICAA leaders and attempt to find a way to be inclusive. I encourage that the City have joint meetings between ICAA and YAC to find areas of agreement and compromise. • We have committed youth leaders throughout our City and Valley. All I ask is that we work hard to find a way to collaborate and work together. Find a way to communicate. Find a way to compromise. Do it for our youth. We have learned time and time again in our 7 time all American City that City and Valley wide cooperation always produces the best results and our Youth need our very best. ('U('F:I.IA'I'. WBIm, ('M(' A%zi%tant Deaaly 01i ('Icrk August 23, 2017 Gregory Hunt 1311 Centre Avenue, N. W. Roanoke, Virginia 24016 Dear Mr. Hunt: I am enclosing copy of a communication from R. Brian Townsend, Assistant City Manager for Community Development, regarding the Inner -City Athletic Association, which was before the Council of the City of Roanoke at its regular meeting held on Monday, August 21, 2017. On motion, duly seconded and adopted, the communication was received and fled; and the Inner -City Athletic Association was instructed to schedule a meeting with the Northwest Recreation Club to discuss matters of mutual interest and concern that involve inner city youth. In order to be of assistance, Vice -Mayor Anita J. Price agreed to coordinate a meeting between the Inner -City Athletic Association and Northwest Recreation Club. .Sincerely, Ayam, ^J • // Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: The Honorable Anita J. Price, Vice -Mayor CITY OF ROANOKE OFFICE OF THE CI "CY CLERK 215 ('hnrch Avenue, S. W., Room 456 �4 ^s Roanoke, Virginia 24011-1536 'fell,....: 15411) 851 -3541 Far: (5411) 851 -1145 S11MIANIP: NI.N100NRLVN0LDS,NIN1( L.... :cicrko, rnnnnkm -ngm' ('IS0:WAKW(OV ('ily (lurk D,nigy ('Ity ('lark ('U('F:I.IA'I'. WBIm, ('M(' A%zi%tant Deaaly 01i ('Icrk August 23, 2017 Gregory Hunt 1311 Centre Avenue, N. W. Roanoke, Virginia 24016 Dear Mr. Hunt: I am enclosing copy of a communication from R. Brian Townsend, Assistant City Manager for Community Development, regarding the Inner -City Athletic Association, which was before the Council of the City of Roanoke at its regular meeting held on Monday, August 21, 2017. On motion, duly seconded and adopted, the communication was received and fled; and the Inner -City Athletic Association was instructed to schedule a meeting with the Northwest Recreation Club to discuss matters of mutual interest and concern that involve inner city youth. In order to be of assistance, Vice -Mayor Anita J. Price agreed to coordinate a meeting between the Inner -City Athletic Association and Northwest Recreation Club. .Sincerely, Ayam, ^J • // Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: The Honorable Anita J. Price, Vice -Mayor OI I IU UI 1111 l I IY M/AN/U.I Il � er AI LII Iln al ROANOKE DATE: August 7, 2017 TO: Mayor Lea and Members of City Council FROM: Brian Townsend, Assistant City Manager for Community �j Development �f�J" SUBJECT: Inner City Athletic Association Background Over the course of the last eight years, youth athletics in the City of Roanoke has been administered through a partnership with four community recreation clubs. Each club is assigned a region of the City that follows elementary school boundaries. Members from each of the clubs, along with two at large members, make up the Youth Athletic Council (YAC). Along with the Department of Parks and Recreation (Department), the YAC ensures that each recreation club is following established policies and procedures for the administration of youth athletics. Each recreation club is responsible for drafting and registering participants, providing uniforms and equipment and securing and training coaches. The Department provides support services to the clubs by providing administrative staff support and officials at games, coach background screenings, and field maintenance and preparation. The Department also secures gymnasiums for the recreation clubs through a joint use agreement with Roanoke City Public Schools. Prior to this arrangement, a total of 17 different community organizations partnered with the Department. In an effort to better serve our young people and provide an equal opportunity to participate in football, soccer, basketball, baseball, and softball, the Department made the decision to move to the current system. Each of the 17 clubs were given the choice to merge with other clubs in the same region and create a new club, or withdraw from the partnership. Inner City Athletic Association (ICAA) is one of those 17 clubs. In a letter dated May 26, 2009, ICAA gave notice to the Department that they would be withdrawing from the partnership. Since ICAA's withdrawal, the Department and YAC have received numerous requests from ICAA to come back into the fold. Each request has been denied for a variety of reasons, most notably ICAA's desire to only offer football and basketball. When pressed in early 2009 to offer all five sports in exchange for the creation of a fifth region, ICAA declined. Current Analysis At the request of Councilmember John Garland, staff from the Department met with members of ICAA on several different occasions over the past five months, allowing them to voice their concerns with the current administration of youth athletics and their desire to be recognized as a stand - alone recreation club again. Members from ICAA have also attended several YAC meetings, voicing the same concerns and making the same proposal. Those associated with ICAA were assured that the Department, along with the City Manager's Office and YAC, would give their petition proper consideration. Recommended Action Michael Clark, Director of Parks and Recreation, took the opportunity to meet with members of YAC, both individually and as a group, to discuss the petition from ICAA. All four recreation clubs as well as the at large members expressed significant concern with allowing ICAA to rejoin YAC unless it collaborated with /joined into one of the existing four regions. Attached to this memo is a letter from YAC outlining their concerns, many of which are shared by the Department. While the Department continues to seek improvements to how it administers youth athletics, it does not feel that adding another freestanding organization to the mix is the appropriate way to address them. For that reason, as well as the concerns shared by YAC and Department staff, it is our collective determination to deny ICAA's request to rejoin YAC through the establishment of a fifth / stand -alone region and without providing all the sports offered by the other four community recreation clubs. Attachment July I L 2017 VIA HAND DELIVERY Roanoke City Managers Office 21 -5 Church Ave SW Room P.364 Roanoke. VA 24011 In re: ICAA's. bequest to 12c'tt riu Roanoke Citv's Youth Athletic Y'rogranr I Ahom It May Concern: "the Roanoke City Youth Athletic Council ("YAC-) has recently learned of the Inner City Athletic Association's (­ICAA`) request to rejoin Roanoke City 's Youth Athletic Program. As ytxw may know, ICAA voluntarily withdrew from Roanoke City's Youth Athletic Progran a number of years ago ostensibly in part due to its perceived reluctance to adhere to and to comply with the various rules, negulations, policies, and procedures being implemented by the City on its youth athletic recreation pro6r-anis_ which such rules, regulations. policies and procedures were based in huge part on YAC "s considered and reasoned recommendations made to the City. With regard to 1C'AA's request. after careful consideration and due deliberation, YAC has certaAn concenis and reservations about ICAA being allowed to rejoin Roanoke City's Youth Athletic Program as a stand -atone youth athletic recreation program. First and foremost all four designated YouBi ^athletic Regions within the City are already represented by YAC board members and their respeciirc youth athletic recreation programs. Thus, if ICAA is peratitted to rejoin.. in what region will it be placed. and what aftect will it have on tile. existing youth athletic programs being offered In that perticular region or regions? Second, we understand that ICAA only wants to participate in tbotbali :r.ri i,t basketball sad is not interested in participating in any of the other youth athletic programs Icing of lered by and made available under Roanoke City Parks and Recreation. If our understanding is accurate, what happens to the children located within ICAA's region, x0o want to participate in a spore other than football or basketball? Where do they go'? Third, ICAA claims that its main goal is to provide children writ access to athletic pro<uaons tear are not otherwise being offered to them, which such claim YAC finds lather dubious. Clearly, am. child that lives within the City of Roanoke has access to the various youth athletic programs already bcin;; made available within the four regions and through the City Parks and Recreation Department. To c,,jr s- illecuve knowledge.. inflammation and belief, no child is being denied an opportunity to pateicipace in any youth athletic program being off°fed within the City of Roanoke. R,mnoke City Manager's Ullice .luly 11, 2017 Page 2 lastly, please understand (hall, should IC'AA's rcyucst he ,anted and J( AA be eJlowcJ to rejoin Roanoke City's Youth Athletic Program, there is a strong likelihood that some or all of the existing youth athletic recreation programs located within the ❑li>mn:cnlieucd flour dcsi'llaled regions will withdraw, and several bound mernims may likewise resign from YAC, Phercfnre, based on the forceoing. YAC does nut behCVC thus the addition of another youth athletic recreation program is either wwranLed m- necessary, and thus it recommends that the C'ily of Roanoke not favorably consider 1C'AA's request to rejoin the Roanoke City Youth Athletic ]'rugsm. Respectfully, Roanoke City Youth Athletic Council Chairperson Sec I L and Agfeed: Region I 4ci fiav!d Pr.,, ton Region II Shelby Bryant Region III :Uganda nAby -- Region IV Samuel Lov elan OP7 JS 8.201- 2 Lac, i. an cndcowd to shkuld NAA'ti u - esr be 0. nuke Ci 1 YWh Ai IKe Program Tac is a A 500o" Am s=z _ 10 (h MOT cetion PF(li,Mem loca (l kaiihrn'hc I?ornncntione Q cUsl z� The +: _ �. irased of tl - orcgoi . Y AC dog �� �� pcac tip.. c ,tid a, -«ie rea t ::� Program is ciflianvaraled nr nea � it sd rh4 c�ra,n-� t'� _ . R,: nuke Po i rabic consider IC A A's reque5t io rc mn ne ROarv)_ Rcspxn..t. Roanoke Ciic Yo:.:th AL' :e-;c ;`iatrcil Ciap D_ww—,, Se.n ud A =" D,.. --.d Pres;o:' R- -mon, li R on 0 ..panda '.S. R2^[O➢ A Samuel La r Roanoke CaN Manager's Office July X,2017 Page 2 lastly, please understand that, should ICAA's request be granted and ICAA be allnwed to rejoin Roanoke City's Youth Athletic Pi ogram. there is a strong likelihood that some or all of the existing youth athletic recreation programs located within the aforementioned four designated regions will withdraw, and several board members may likewise resign from YAC. Therefore, based on the foregoing, YAC does not believe that the addition of another youth athletic recreation program is either warranted or necessary, and thus it recommends that the City of Roanoke not favorably consider ICAA's request to rejoin the Roanoke City Youth Athletic Program. Respectfully, Roanoke City Youth Athletic Council Clay Dawson Chairperson Seen and Aerced: Region I David Preston Region II Shelby Bryant Region III U�� Amanda Ashby Region IV Samuel Lowman Roanoke City Manager's Office July 8, 2017 Page 2 Lastly, please understand that, should ICAA's request be granted and ICAA be allowed to rejoin Roanoke City's Youth Athletic Program, there is a strong likelihood that some or all of the existing youth athletic recreation programs located within the aforementioned four designated regions will withdraw, and several board members may likewise resign from YAC. Therefore, based on the foregoing, YAC does not believe that the addition of another youth athletic recreation program is either warranted or necessary, and thus it recommends that the City of Roanoke not favorably consider TCAA's request to rejoin the Roanoke City Youth Athletic Program. Respectfully, Roanoke City Youth Athletic Council Clay Dawson Chairperson Seen and Agreed: Region I David Preston Region 11 Shelby Bryant Region III Amanda Ashby VU1ID IV Lowman G11s IN'1'1IF COUNCIL OP'Il II? CI Y OI' ROANOKF, VIRGINIA The 21st day of August, 2017. No. 40925- 082117. A RI?SOLI JION authorizing the acceptance of funding lot the regional drug prosecutor's office from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution, and filing of appropriate documents to obtain such funds. 131: IT RESOLVED by the Council of the City of Roanoke as follows: The City Manager is hereby authorized on behal f of the City m accept funding in the amount of $108,914 I}om the Compensation Board of the Commonwealth of Virginia through Junc 30, 2018, with a local match of $62,795, making total funding of $171,709, for the continued funding of the Multi - Jurisdictional Special Drug Prosecutor's Office, as more particularly described in the City Council Agenda Report dated August 21, 2017. 2. The City Manager is hereby authorized to accept, execute, and file on behalf of the City of Roanoke any and all documents required to obtain such funding. All such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as maybe required in connection with the acceptance of the foregoing funding or with such project. R -drug prosecutor groin 2017 -1 A,dno ATTEST: Ci'y erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of August, 2017. No. 40926 - 082117. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor Grant, 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 Regular Employee Salaries 35- 150 - 4516 -1002 $ 111,259 City Retirement 35- 150 - 4516 -1105 18,960 401 Health Savings Match 35- 150- 4516 -1117 1,113 FICA 35- 150 - 4516 -1120 8,512 Medical Insurance 35- 150- 4516 -1125 14,316 Dental Insurance 35- 150 - 4516 -1126 718 Life Insurance 35- 150- 4516 -1130 1,458 Disability Insurance 35- 150 - 4516 -1131 373 Telephone 35- 150- 4516 -2020 1,000 Administrative Supplies 35- 150 - 4516 -2030 4,000 Training and Development 35- 150 - 4516 -2044 4,000 Other Rental 35- 150 - 4516 -3075 6,000 Revenues Regional Drug Prosecutor FY18 -Comp Board 35- 150 - 4516 -4516 108,914 Regional Drug Prosecutor FY18 -Local Match 35- 150 - 4516 -4517 62,795 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: �rn City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 2017 Subject: Acceptance of Funding for Drug Prosecutor Background: Federal funding was made available to the Commonwealth of Virginia to be used for the development of several Multi- Jurisdictional Special Drug Prosecutors statewide. The positions were developed to coordinate prosecutorial efforts among independent jurisdictions, reduce fractional and duplicate prosecutions, enhance the recovery of criminal assets, and utilize federal, state and local resources to assure maximum prosecutorial effectiveness and to provide specialized prosecutorial resources to the regional drug enforcement effort. The Commonwealth's Attorneys of Craig County, Franklin County, Roanoke County, and the Cities of Roanoke and Salem applied on October 9, 1987, to the Commonwealth's Attorneys' Services Council, the State agency responsible for the administration of the grant money, to fund a Multi- Jurisdictional Special Drug Prosecutor. City Council accepted the Multi - Jurisdictional Special Drug Prosecutor Grant in April, 1988, and a full -time Special Drug Prosecutor was hired in July, 1988. Annual re- application for this funding is required. Considerations: On April 15, 1994, funding for the Drug Prosecutor's Office was transferred from the Commonwealth's Attorneys' Services Council to the Compensation Board. The Compensation Board approved funding for the Drug Prosecutor in the amount of $108,914 effective May 1, 2017, and funding will continue through June 30, 2018. A local match is required. The local match is $62,795 for a total funding of $171,709. Funding for the local share is available in the General Fund - Transfer to Grant Fund (account number 01 -250- 9310- 9535). Recommended Action: Authorize the application for the Grant and accept funding from the Compensation Board in the amount of $108,914 with the City providing local match funding in the amount of $62,795. Authorize the City Manager to execute the requisite documents to obtain the funding from the Compensation Board. All such documents shall be reviewed and approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish revenue estimates for $108,914 in state grant funds and 562,795 in local match, to transfer local match funding from the General Fund Transfer to Grant Fund account (01 -250- 9310- 9535), and to appropriate funding totaling $171,709 per attachment 1 into accounts to be established by the Director of Finance. ._ 'Z i Donald S. Caldwell Commonwealth's Attorney Distribution: Council Appointed Officers TOTAL $171,709 Attachment 1 Program Accounts 1002 Regular Employee Salaries $111,259 1105 City - Retirement $18,960 1117 401H Health Savings Account $ 1,113 1120 FICA $ 8,512 1125 Medical Insurance $14,316 1126 Dental Insurance $ 718 1130 Life Insurance $ 1,458 1131 Long Term Disability Ins. $ 373 3075 Other Rental $ 6,000 2020 Telephones $ 1,000 2030 Administrative Supplies $ 4,000 2044 Training and Development $ 4,000 TOTAL $171,709 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 2017 Subject: Acceptance of Funding for Drug Prosecutor I concur with the recommendation from Donald S. Caldwell, Commonwealth's Attorney for the City of Roanoke, with respect to the subject referenced above. I recommend that City Council accept funding from the Multi- jurisdictional Special Drug Prosecutor Grant in the amount of $108,914 with the City of Roanoke providing local match funding in the amount of $62,795 - totaling $171,709. Sherman M. Stovall Acting City Manager Distribution: Council Appointed Officers CECELIA T. WEBB, CMC A,xi, mmI Deputy City Clerk August 25, 2017 Susan Jennings Arts and Culture Coordinator Roanoke, Virginia Dear Ms. Jennings: A briefing with regard to the Public Art Work Plan FY2018 was before the Council of the City of Roanoke at its regular meeting held on Monday, August 21, 2017. Council concurred in the recommendation of the Roanoke Arts Commission as set forth in the presentation, to fund FY2018 expenses totaling $104,500.00. �JSincerely, %11. Y g Koh A- Stephanie M. Moon Reynolds, MMMMC City Clerk PC: Sherman M. Stovall, Acting City Manager Amelia C. Merchant, Director, Management and Budget Barbara A. Dameron, Director of Finance CITY OF ROANOKE 0 OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telepkmre: (540)853 -2541 Fax: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail: elerk tajroenokeva.gov CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. WEBB, CMC A,xi, mmI Deputy City Clerk August 25, 2017 Susan Jennings Arts and Culture Coordinator Roanoke, Virginia Dear Ms. Jennings: A briefing with regard to the Public Art Work Plan FY2018 was before the Council of the City of Roanoke at its regular meeting held on Monday, August 21, 2017. Council concurred in the recommendation of the Roanoke Arts Commission as set forth in the presentation, to fund FY2018 expenses totaling $104,500.00. �JSincerely, %11. Y g Koh A- Stephanie M. Moon Reynolds, MMMMC City Clerk PC: Sherman M. Stovall, Acting City Manager Amelia C. Merchant, Director, Management and Budget Barbara A. Dameron, Director of Finance a; Wp.,-k . ROANOKE Public Art Work Plan FY 2018 Overview The Roanoke Arts Commission (RAC) approved these projects at their monthly meeting on .July 18, 2017. The RAC is proposing five pubic art projects for the 2018 FY The RAC has ongoing maintenance responsibilities following the Conservation Study completed in 2012. Inlet Art Project In Partnership with the Department of Stormwater Management The RAC will issue a Request for Proposals in fall 2017. Six murals will be installed in Spring 2018. The Dept. of Stormwater Management is covering the costs for this project Locations chosen by the Stormwater Division include: Grandin Village (in front of Co -op across from Grandin Theatre ) In front of Main Library Church Ave / 1 st St (in front of post office) Reserve Ave / S. Jefferson St 22nd St / Crystal Spring Ave (in front of River and Rail restaurant) In front of West End Park on Campbell Ave SW Y ,ice A r w YIELD I Your storm drains are becoming More cotortuito remind us ah to puttrash in As plate. %a i� Art on the Bus Partner again with Ride Solutions and Valley Metro to place works from the collection on city buses in spring 2018 Hire a writer or artist to ride the buses and create work from their experience .Air �r ''���i.s.; is I AD qor r� 1 sit 8 „MR. ""Nr SO FTEE„ EdB i % 14 fF_, jg��:Ff�,r) ..► rl .e, Mural on First Floor of Municipal Building North Art at New Melrose Library 4=P SITE PLAN ■ Signature Piece to Celebrate Ten Years of Percent for Art The RAC is considering two locations An artistic light treatment in the pedestrian bridge from Hotel Roanoke to the Market area A sculpture in the gateway park on Williamson Rd. to compliment the fountain already there T ZZ Summary FY 2018 Expenses Art on the Bus $37500 Mural in Municipal Building $6,000 Melrose Library Art $45,000 Ten Years of Public Art Piece $50,000 Total FY 2018 Expenses $104,500 M The Roanoke Arts Commission Thank you for your support of the Public Art Program Request City Council concurrence in RAC recommendations C� IN 'fl Ili COUNCIL OF H IE CH'Y OF ROANOKE, VIRGINIA The 21st day of August, 2017. No. 40927 - 082117. A RFSOLIJ'I'[ON authorizing acceptance of the FY2017 "Four for Life- Grant lot Emergency Medical Services (EMS) made to the City of Roanoke by the Commonwealth of Virginia, Department of I le<dth, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: The City Managcr is hereby authorized on behalf of the City to accept from the Commonwealth of Virginia, Department of l lcalth, the FY2017 °Four for Life" Grant for Emergency Medical Services (EMS) in the amount of $82,439, with no local match, to be used for training, supplies, or other appropriate items used for EMS, as more particularly described in the City Council Agenda Report dated August 21, 2017. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's acceptance of the grant, such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by from the Commonwealth of Virginia, Deparrment of Health, in connection with the acceptance of the foregoing grant. R -Four for Life GRANT -R 21 .17 due ATTEST: m, egg � City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of August, 2017. No, 40928- 082117. AN ORDINANCE appropriating funding from the Virginia Departmentof Health for the purpose of purchasing emergency medical service (EMS) training and supplies, 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 Expendable Equipment Training and Development Vehicular Equipment Other Equipment Revenues Four - For -Life Grant FY17 35- 520- 3680 -2035 $15,000 35- 520- 3680 -2044 5,000 35- 520 - 3680 -9010 30,000 35- 520 - 3680 -9015 32,439 35- 520 -3680 -3680 82,439 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. e CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 201 7 Subject: Four - For -Life Funds Acceptance Background: Roanoke Fire -EMS has received notification that the City of Roanoke will be receiving the Fiscal Year 2017 "Four- For - Life" payment for Emergency Medical Services (EMS) in the amount of $82,439. The purpose of these funds is the purchase of training, supplies or other appropriate items used for EMS. Considerations: City Council action is needed to formally accept and appropriate these funds, and authorize the Director of Finance to establish revenue estimates and appropriations to purchase the equipment and supplies in accordance with provisions of this payment. Recommended Action: Accept the Four - For -Life payment as described above and authorize the Acting City Manager to execute any required agreements or documents, such to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to authorize the Director of Finance to establish a revenue estimate in the amount of $82,439 and appropriate $82,439 into expenditure accounts in the Grant Fund. - - -IL.,,, b2_,L/ - - - -- Sherman M. Stovall Acting City Manager Distribution: Council Appointed Officers Barbara A. Dameron, Director of Finance R. Brian Townsend, Asst. City Mgr. for Community Development c CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Awmlc, S. W., Room 456 Roanoke, Virginia 24011 -1536 'Iblephnnc (540)R53 -2541 Fax (541)X53 -1145 SIY PI IAN I F, M. MOON REYNOLDS, NIM( k:nlail: rlcrk(n roanokcrwgov ('IvC1iL1A F. M('COY firy ('Icrk IhWmY CH, ( kc k August 24, 2017 Cindy H. Poulton, Clerk Roanoke City School Board P.O. Box 13145 Roanoke, Virginia 24031 Dear Ms. Poulton: CB('ELIA'1. WEBB, ('M(' A%sktanl DmatY Cily Clerk I am enclosing copy of Budget Ordinance No. 40929 - 082117 appropriating funds from the Commonwealth, as well as private grants for various educational programs; and amending and reordaining certain sections of the 2017 -2018 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 21, 2017, and is in full force and effect upon its passage. Sincerely, �ml � Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: Sherman M. Stovall, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget 8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA It,. 21st day of Andn.t, 2017. No. 40929- 082117. AN ORDINANCE to appropriate funding from the Commonwealth, as well as private grants, for various educational programs, amending and reordaming certain sections of the 2017 -2018 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2017 -2018 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teachers Personnel Employer Benefits Student Field Trips/Transportation Professional Services Travel /Lodging Equipment Equipment Testing /Evaluation Dissemination Testing /Evaluation Dissemination Career and Technical Education Equipment Testing and Evaluation Revenues Federal Grant Receipts Federal Grant Receipts State Grant Receipts State Grant Receipts State Grant Receipts State Grant Receipts State Grant Receipts 302 - 120- 0000 - 0000 -111L- 61100- 41121 - 9 -02 $ 12,652 302 -170- 3000 - 1160 -119M- 61100 - 41129 -3 -03 5,000 302 -170- 3000- 1160 -119M- 61100- 42201 -3 -03 1.000 302 -170- 3000 - 1160 -119M- 61100- 43343 -3 -03 igq 302 - 170 - 3000 - 1160 - 119M - 61100 - 45551 - 3 - 03 12,500 302 -170- 3000- 1160 -119M- 61100- 48210 -3 -03 42,776 302 -170- 3000- 1160 -306M- 61100- 48110 -3 -03 788 302 - 170 - 3000 - 1160 - 314M - 61100 - 45584 - 3 - 03 166 302 -170- 3000- 1160 -315M- 61100 - 45584 -3 -03 713 302 -170- 3000 - 1160 -317M- 68200- 48110 -3 -03 617 302 - 170 - 3000 - 1160 - 319M - 61100 - 45584 - 3 - 03 267 302 - 000 - 0000 - 0000 - 111 L - 00000 - 38027 - 0 - 00 $ 12,652 302 - 000 - 0000 - 0000 - 119M - 00000 - 38048 - 0 00 302 - 000 - 0000 - 0000 - 306M - - 00000 - 32252 - 0 - 00 61,440 302 - 000 - 0000 - 0000 - 314M - 00000 - 32365 - 0 00 788 302 - 000 - 0000 - 0000 - 315M - - 00000 - 32349 - 0 - 00 166 713 302 - 000 - 0000 - 0000 - 317M - 00000 - 32252 - 0 - 00 302 - 000 - 0000 - 0000 - 319M - 00000 - 32349 - 0 - 00 617 267 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST. Cr }y City Clerk. August 21, 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, August 8, 2017, the Board respectfully requests that City Council approve the following appropriation requests: Revised Appropriations Additional Award IDEA Part B, Section 611 Flow Through 2016 -17 $12,652.00 Carl D. Perkins Career and Technical Education (CTE) Allocation 2017 -18 $61,440.41 Career and Technical Education State Equipment 2017 -18 $ 787.59 Career and Technical Education Industry Certifications and Licensure Testing 2017 -18 $ 712.58 Career and Technical Education Workplace Readiness Skills 2017 -18 $ 165.55 CTE Equipment for High- Demand, High- Skill, Fast - Growth Industry Sectors 2017.18 $ 617.29 STEM -H Student Credentials, Materials, and Teacher Professional Development 2017 -18 $ 267.46 On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. Poulton, Clerk pc: Dan Callaghan Rita D. Bishop City Manager's Office Kathleen Jackson Barbara Dameron Holli Salyers (w /details) Annette Lewis r' ROANOKE CITY PUBLIC SCHOOLS School Board Annette Lewis Chairman Mark K. Cathey Vice Chairman William B. Hopkins, Jr. Elizabeth C. S. Jamison Laura D. Rottenborn Lutheria H. Smith Dick Willis Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 04 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 2017 Subject: School Board Appropriation Request Background As the result of official Roanoke City School Board action at its August 8, 2017 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2016 -17 Flow Through grant award of $12,652 from the Disabilities Education Act, Part B, Section 611 provides aid for the education and guidance of students with disabilities. This grant will be reimbursed by federal funds and will end September 30, 2018. This is a continuing program. The 2017 -18 Carl D. Perkins Career and Technical Education grant award of $61,440 provides funding to increase focus on the academic achievement of career and technical education students, strengthen connections between secondary and postsecondary education, and improve state and local accountability. This grant will be reimbursed by federal funds and will end June 30, 2018. The 2017 -18 Career and Technical Education State Equipment grant award of $788 supports Career and Technical Education programs by providing funds for equipment. This grant will be reimbursed by state funds and will end June 1, 2018. The 2017 -18 Career and Technical Education Workplace Readiness Skills grant award of $166 provides funds for Workplace Readiness Skills for the Commonwealth Examination, including pretests, and /or other Board - Approved industry certification assessments for Career and Technical Education programs. This grant will be reimbursed by state funds and will end June 1, 2018. The 2017 -18 Career and Technical Education Industry Certification and Licensure Testing grant award of $713 supports Career and Technical Education programs by providing funds for student industry certification examinations, licensure tests, and occupational competency assessments. This grant will be reimbursed by state funds and will end June 1, 2018. The 2017 -18 Career and Technical Education Equipment for High- Demand, High - Skill, Fast - Growth Industry Sectors grant award of $617 provides funds to update Career and Technical Education equipment to industry standards, providing students with classroom experiences that translate to the 21 ^ Century workforce. This grant will be reimbursed by state funds and will end June, 1 2018. The 2017 -18 STEM -H Student Credentials, Materials, and Teacher Professional Development grant award of $267 provides funds to support industry credentialing testing materials for students, and professional development for instructors, in science, technology, engineering, and mathematics - health sciences Career and Technical Education programs. This grant will be reimbursed by state funds and will end June 1, 2018. 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. 1 &�iL�ti/Io 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 August 24, 2017 Robert S. Cowell, Jr. 6404 Hyde Parkway Amarillo, Texas 79109 Dear Mr. Cowell: CECELIA T. WEBB, CIVIL Assistant Deputy City Clerk I am enclosing copies of Resolution No. 40930 - 082117 amending and ratifying Resolution 40923- 080717 adopted on August 7, 2017, to correct the name of the newly elected and appointed City Manager from Robert S. Cowell to Robert S. Cowell, Jr., which was adopted at the regular meeting of the Council of the City of Roanoke on Monday, August 21, 2017; and ratifying his election as City Manager for the City of Roanoke, under the same terms and conditions of employment as set forth in Resolution 40923- 080717, which was adopted at the regular meeting of the Council of the City of Roanoke on Monday, August 7, 2017. After the Oath has been administered, please return one copy to the undersigned in Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. Pursuant to Sections 2.2 -3114 and 2.2 -3115, Code of Virginia (1950), as amended, I am required to furnish you with a Statement of Economic Interest Form. State Code provisions require that this form must be filed and maintained as a matter of public record for a period of five years in the Office of the Clerk of the governing body. Please complete and return the enclosed form and Oath of Office Prior to assuming the duties of Your office. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fux: (540)853 -1145 STEPILN'IE M. MOON REYNOLDS, MMC F,mail: clerk( roaaoke...... CECELIA F. MCCOV City Clerk Deputy City Clerk August 24, 2017 Robert S. Cowell, Jr. 6404 Hyde Parkway Amarillo, Texas 79109 Dear Mr. Cowell: CECELIA T. WEBB, CIVIL Assistant Deputy City Clerk I am enclosing copies of Resolution No. 40930 - 082117 amending and ratifying Resolution 40923- 080717 adopted on August 7, 2017, to correct the name of the newly elected and appointed City Manager from Robert S. Cowell to Robert S. Cowell, Jr., which was adopted at the regular meeting of the Council of the City of Roanoke on Monday, August 21, 2017; and ratifying his election as City Manager for the City of Roanoke, under the same terms and conditions of employment as set forth in Resolution 40923- 080717, which was adopted at the regular meeting of the Council of the City of Roanoke on Monday, August 7, 2017. After the Oath has been administered, please return one copy to the undersigned in Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. Pursuant to Sections 2.2 -3114 and 2.2 -3115, Code of Virginia (1950), as amended, I am required to furnish you with a Statement of Economic Interest Form. State Code provisions require that this form must be filed and maintained as a matter of public record for a period of five years in the Office of the Clerk of the governing body. Please complete and return the enclosed form and Oath of Office Prior to assuming the duties of Your office. Robert S. Cowell, Jr. August 24, 2017 Page 2 Furthermore, pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Sincerely, Stephanie M. Moon Reynolds City Clerk Enclosures PC: Sherman M. Stovall, Acting City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Jody Lawson, Payroll and System Administrator Michele Vineyard, Director, Human Resources IN I I IF ('01JNCII, OF'I I If:, Cl I Y OR IMANOKI:, VIRGINIA The 21st day of August, 2017. No. 40930 - 082117. A RI?SOLU'I`ION amending and ratifying Resolution No. 409231-080717, adopted on August 7, 2017. to correct the name ol' the newly elected and appointed City Manager hem 12obcft S. Cowell to Robcrt S Cowell, h., and ratifying his election as City Manager for tte City of Roanoke, undorlhe same terms and conditions ofcmployment. WI IrREAS, the City Council elected and appointed Robert S. Cowell, as City Manager pursuant to the Roanoke Charter of 1952 by Resolution No. 40923 - 080717, adopted on August 7, 2017; and WI AREAS, Resolution No. 40923 - 080717 failed to properly identify the newly elected and appointed City Manager as Robert S. Cowell, Jr.; and WI IEREAS, City Council desires to correct and latify its election of Robert S. Cowell, ,h', as City Manager, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: City Council hereby amends Resolution No. 40923 -080717, to reflect the correct name of the newly elected City Manager to read as Robert S. Cowell, Jr. 2. City Council hereby ratifies its election and appointment of Robert S. Cowell, Jr., as City Manager pursuant to the Roanoke Charter of 1952 by Resolution No, 40923 - 080717. 3. Except for the amendment of his name to Robert S. Cowell, Jr., all terms and conditions of Resolution No. 40923- 080717, including all terms and conditions of employment set forth in Resolution No. 40923-080717, shall remain in full force and effect as of its adoption on August 7, 2017. ATTEST: M.W\Prv., City Clerk. ItesoWRoo Amending and Ratifying the A,, lmentor Robert S. Covel l Jr as CIN Manager, do, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of August, 2017. No. 40923- 080717. A RESOLUTION electing and appointing Robert S. Cowell as City Manager for the City of Roanoke, and ratifying the terms and conditions of employment as City Manager offered to Mr. Cowell. WHEREAS, the City Council desires to elect and appoint Robert S. Cowell as City Manager pursuant to the Roanoke Charter of 1952; and WHEREAS, Mr. Cowell has agreed to accept election and appointment as City Manager. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: Robert S. Cowell is hereby elected and appointed as City Manager ofthe City ofRoanoke effective 12:01 a.m. on September 5, 2017, or as soon thereafter as Mr. Cowell can assume such position. 2. The terms and conditions of Mr. Cowell's election and appointment as City Manager shall be as hereinafter set forth: (a) The annual salary shall be $200,000.00 ($7,692.31 biweekly); (b) Beginning the first pay day after January 1, 2018, the City shall pay on behalf of Mr. Cowell, as deferred compensation, the sum of $3,750 each quarter thereafter to the City's deferred compensation plan for Mr. Cowell's participation in said deferred compensation plan, and the City shall execute any necessary agreements to provide for such payment; (c) Mr. Cowell will be eligible, as a fall time employee, to participate in the Roanoke Pension Plan in accordance with the terms of that plan; (d) Recognizing that thejob requirements of City Manager routinely requires incurring navel related expenses in the course of City business, Mr. Cowell shall be provided a car allowance of $500.00 per month and a monthly cell phone allowance of $50, unless the City provides Mn Cowell with such a telephone; M 'File City will put into force and make required premium payments on Mr. Cowell's bchalfon adisabi Iity insurance policy providing income benefits equivalent to approximately seventy (70) percent of Mr. Cowell's 'let salary for the duration of any disability; (1) The City shall provide to Mr. Cowell paid leave accrual (vacation) equivalent to a ten year employee per §2 -54 of the Code of the City of Roanoke (1979) as amended, and two (2) weeks accrued leave as of Mr. Cowell's start date; (g) The City shall provide to Mr. Cowell extended illness leave accrual (sick leave) at the rate of six hours per month per §2 -55 and §2 -56 of the Code of the City of Roanoke (1979), as amended; (h) Mr. Cowell shall receive reimbursement for two (2) house- hunting and resettlement trip expenses; (i) The City shall provide through payroll reimbursement ter moving expenses based upon the lowest of three estimates; (j) The City shall provide to Mr. Cowell reimbursement for his family's temporary reasonable lodging expenses in the City, if necessary, until August 31, 2017. Such lodging arrangements shall be preapproved by the City; (k) If the City terminates Mr. Cowell's employment at any time during his first two years of employment (except if terminated for malfeasance or conviction of a crime), he will be paid all salary and deferred compensation that would have otherwise been paid by the City to him for a period of one year after such termination; if terminated after two years, Mr. Cowell will receive six (6) months' salary and deferred compensation; (l) The City will reimburse Mr. Cowell for, or pay directly, direct expenses he incurs in performing services on behalf of or for the City, including training, travel and subsistence expenses associated with official City business, meetings and conferences adequate to continue his professional development, and to pursue necessary official functions of the City, within budgeted limits; (m) The City will reimburse Mr. Cowell for, or pay directly, professional dues and subscriptions for full participation in organizations necessary and desirable for continued professional growth and for the good of the City, within budgeted limits; (n) Mr. Cowell will be eligible, as a full time employee, to participate in the City's group medical and dental plan. The City shall pay the employer's portion of the premium; (o) With respect to all other benefits and terms and conditions of employment not specifically enumerated in this resolution, Mr. Cowell shall be accorded the same benefits, and shall be subject to such terms and conditions on the same basis as other similarly situated employees of the City. I Mr. Cowell will make arrangements to qualify for office by taking the required Oath of Office as soon as practicable. ATTEST: �� City Clerk. IJPTTORNEY%DATAATIIIIIII6R"0 0NCILMEASOp S %USOLUTrI Ng ICILI4GEOBERTS. COWELL ASCII' MANAGER. DOC COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twenty -first day of August 2017, Robert S. Cowell, Jr., was elected and appointed as the City Manager for the City of Roanoke, Virginia, effective September 5, 2017. Given under my hand and the Seal of the City of Roanoke this twenty -fourth day of August 2017. City Clerk , , hlf•, CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avcnne, S. W., Rmmn 456 Ro;mnke, Virginia 241111 -1536 'Telephone: (540) 853-2541 11,: (5411)N53 -1145 N' I' P: I' II ANIENI.NIOONI(P;1'NOI.nti,NINI( E -inml: derk— IJUoke...gnv (N('ELIALNI(COY ('ily Clerk Ilcpnly (il, ('leek ('F.('ELIA'I . 1VEIIII, CHIC August 24, 2017 Aeei.vinnl Depnl) Cily ('lei k Carl L. Palmer, General Manager Valley Metro P. O. Box 13247 Roanoke, Virginia 24032 Dear Mr. Palmer: I am attaching cop of Resolution No. 40931 - 082117 authorizing waiver of notice requirements for a special meeting of the stockholder of Greater Roanoke Transit Company (GRTC) on behalf of the City as the sole stockholder of GRTC, and authorizing the Mayor or Acting City Manager to execute and deliver a waiver of notice to GRTC. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 21, 2017. Sincerely, Stephanie M. Moon Reynolds, K4MC City Clerk Attachment PC: Sherman M. Stovall, Acting City Manager Barbara A. Dameron, Director of Finance Daniel J. Callaghan, City Attorney Troy A. Harmon, Municipal Auditor Kevin Price, Assistant General Manager, Valley Metro The Honorable William D. Bestpitch, President, and Members of the Greater Roanoke Transit Company Board of Directors � \J IN'111F C'OUNC'IL OI /'I'I IF ('H Y OF ROANOKF, VIRGINIA The 21st duy of August, 2017. Nn. 40931- 082117. A RESOLI PION authorizing waiver of notice rcquirctnents for a special meeting of the stockholder of (healer Roanoke 'transit Company (GRTC) on behalf of the City as the sole stockholder of GR1 'C, and authorizing tiro Mayor or Acting City Manager to execute and deliver a waiver of notice to GRTC. WHEREAS, the City is the sole stockholder of GRTC and, by notice dated August 14, 2017, the Secretmy of GRTC called a special meeting of the stockholder for Monday, August 21, 2017, at 4:00 p.m. for the purpose of discussing and /or considering the acquisition of real property fill a public purpose and /or the disposition of real property owned by GRTC, as more particularly described in the City Attorney Letter to Council dated August 21, 2017; WHEREAS, pursuant to the By -Laws of GRTC, notice of a special meeting of the stockholder must be provided to the City at least 25 days prior to such special meeting; WHEREAS, pursuant to the By -Laws of GRTC, the City may waive the notice requirements; and WHEREAS, it is in the best interest of the City to waive the notice requirements, as more particularly described in the City Attorney's Letter dated August 21, 2017. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that 1. The City, as the sole stockholder of GRTC, waives the notice requirements for the special meeting of stockholder set for Monday, August 21, 2017, at 4:00 p.m. pursuant to Section 4(a), Article II of the By -Laws of GRTC. K.AGRTC1HOaN Meetings7W nlveraf GRTC Stockholder Meeting 9 21.17.doe 8117/17 ('fly Council eulhorizes the Mayor or the Acting ('fly Manager to cxccutc II waiver of notice on behalf of,lha ('fly and IICII Ver the woiver of police Io GIZ IV. 'fhe ibnn of the waiver of nolicc.chall he. approved by the ('ity AHorncy_ ATTEST: � OLN�; vim City Clerk. K: \GRTC\Roaod Meaings\Waivo of GRTC Stockholder Meeting 8.2L 17 .doe 8/17117 WAIVER OF NOTICE OF SPECIAL MEETING OF STOCKHOLDER OF GREATER ROANOKE TRANSIT COMPANY The City of Roanoke, Virginia, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, being the sole stockholder of Greater Roanoke Transit Authority, a Virginia corporation (GRTC), hereby waives the notice requirements to stockholders of a special meeting of stockholders of GRTC, as set forth in Section 3, Article 11 of the By -Laws of GRTC, with respect to the call of a special meeting of stockholders for August 21, 2017, at 4:00 p.m., or as soon thereafter as the matter may be reached, made by Stephanie M. Moon Reynolds, Secretary of GRTC, dated August2lE5t2017. This waiver of notice is made pursuant to Section 4(a), Article 11 of the By -Laws of GRTC, as authorized by Roanoke City Council on for August 21, 2017. Dated this 21 st day of August, 2017 CITY OF ROANOKE, Q VIRGINIA (� By: cL Sherman P. Lea, Sr. Mayor Ap ov d as to forrn: aniel J. Calla Roanoke City tomey IN 'IIIF COUNCIL OI' 11IFC'I'fY OF ROANOKL, VIRGINIA The 21st day of August, 2017. No. 40932- 082117. A RESOIJI "[ION recognizing, congratulating, and honoring the 2017 Panick Henry I ligh School Boys Lacrosse Team Ibr winning the 2017 Virginia I ligh School League Group 5A State Championship. WI IHREAS, the 2017 '1 comprised of30 players, demonstrated great determination, spirit, and commitment in practicing long hours, maintaining their academic commitments, and giving their best performances throughout the 2017 season; WIIFREAS, during the past four years, the Patrick Henry high School Lacrosse Team won four Conference Championships, four Regional Championships, and made it to the State Championship Playoffs in three out of four years; WHEREAS, led by All State players Brice Johnson (Isl Team Midfield), Kyle Mollica (I st Team Midfield), Andrew Hamilton (I st Team defense), Nicholas Pace (1st team defense), Ikic Smith (1st team Goalie), Brooks Waskey (2nd team Attack), and Kenyon John (2nd Team Attack), the 2017 Team won seven games in a row in the Group 5A Northwest Conference Playoffs and went on to compete in the Slate Championship; WHEREAS, the 2017 Team defeated the Atlee High School Raiders at Robinson High School in Fairfax on Saturday, June 10, by a score of 10 to 9, to earn the title of 2017 Group 5A State Champions of the Virginia High School League, completing its championship season with a 20 -1 record; and WHEREAS, Patrick Henry High School Lacrosse Coach Josh Wilkinson received recognition as the 2017 5A Coach of the Year. I l FRI: FOR If. Ilk I RISOLVFD by the Council of the City of Roanoke that: Council adopts this resolution as a means of recognizing, congratulating, and honoring the 2017 Patrick ]ferry High School Boys Lacrosse Team and their coaches for winning the 3017 Group 5A State Championship. 1 The City Clerk is directed to forward an attested copy of this resolution to the coaches of2017 Patrick Henry High School Boys Lacrosse Team, Josh Wilkinson, Frank Bosley, and Ron I kisan. A'CIBST: rr).� City Clerk. I 1 1 IN ll -IF. COUNCIL OF TI IF CITY OI; ROANOKF., VIRGINIA The 21st day of August, 2017. No. 40933 - 082117. A RESOLUTION recognizing, congratulating, and honoring the 2017 William Fleming Boys Soccer ]'earn for winning the 2017 Conference 24 Championship. WHEREAS, the 2017 'ream, comprised of 27 players, demonstrated great determination, spirit, and commitment in practicing long hours, maintaining their academic commitments, and giving their best performances throughout the 2017 soccer season; WHEREAS, the 2017 Team defeated William Byrd High School Boys Soccer Team at a home game on May 22, 2017, and scored a dramatic 3 -1 win over the William Byrd team in the semifinals of the 2017 Conference 24 Championship playoffs; and WHEREAS, the 2017 'ream secured victory in the 2017 Conference 24 Championship with a 4 -3 win over Bassett High School at Smith River Complex on May 24, 2017, in compelling fashion with the aid of penalty kicks in the final game. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that I. Council adopts this resolution as a means of recognizing, congratulating, and honoring the 2017 William Fleming Boys Soccer Team and their coaches for winning the 2017 Conference 24 Championship. 2. The City Clerk is directed to forward an attested copy of this resolution to the coaches of 2017 William Fleming Boys Soccer Team, Claude Stephano, Ousman Tome, Daniel McCulloch, Philip Hernandez, and Eli Salgado. IrATTEST: IN '1111: UOUNCILOF I HF CITY OF ROANOKE, VIRGINIA The 21st day of August, 2017. No. 40934 - 082117. A RESOLUTION recognizing, congratulating, and honoring the 2017 Patrick Ilenry High School Boys Soccer Team in winning the 2017 C'onlcrence 16 Championship. WHEREAS, the Patrick Henry high School Boys Soccer Team, comprised of 27 players, demonstrated great determination, spirit, and commitment by practicing long hours, maintaining their academic commitments, and giving their best perfbrmances throughout the 2017 soccer season: WHEREAS, the 2017 Team established the highest single - season winning percentage in the history of Patrick Henry High School; WHEREAS, the 2017 Team had an 18 -1 record, with a 15 -0 regular season and a 13 -0 record for the River Ridge District; WHEREAS, the 2017 Team members included three 1st Team 5A All -State selections and one NSCAA All- American selection; WHEREAS, the 2017'Feam competed in the 5A North Region Semifinals and won the 2017 Conference 16 Championship. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: Council adopts this resolution as a means of recognizing, congratulating, and honoring the 2017 Patrick Henry High School Boys Soccer Team and its coaches for all of the team's accomplishments, including winning the 2017 Conference 16 Championship. The City Clerk is directed to forward an attested copy of this resolution to the 2017 Patrick Ilenry IIigh School Boys Soccer 'I 'cam coaches, Ilead Coach Chris Dowdy and Assistant Coaches Brad Bellinger, PeIis: Bnmo- Gaston, and Jon Mum II. A I IT'S F: C� City Clerk. t1� i IN IIIF COUNCIL 01; TI IL Cl I Y OF ROANOKF, VIRGINIA The 21st day of August, 2017. No. 40935- 082117. A RESOLUTION recognizing congratulating, and honoring the 2017 William Fleming Indoor /Outdoor toys Track & Field 'team for its achievements in the Virginia High School League Outdoor Championship Meets for State, Region West, and Conference, and in the Indoor Meets for the Colonel Classic, Cosmopolitan Invitational, and Virginia High School League Region and Conference Championships. WI IEREAS, the 2017 Team, comprised of 29 athletes, demonstrated great determination, spirit, and commitment in practicing long hours, maintaining their academic commitment, and giving their best performances in the 2017 season; WHEREAS, at the Virginia High School League Group 4A Conference 24 Indoor Track and Field Championship Meet on February 8, 2017, at Liberty University, the 2017 Team scored 140 points to win the meet by one point; WHEREAS, at the Virginia High School League Group 4A Region 4A West Indoor Track and Field Championship Meet on February 18, 2017, at Liberty University, the 2017 Team again left the meet as champions; WHEREAS, at the Virginia High School League Group 4A State Indoor Track and Field Championship Meet on February 24 -25, 2017, at Roanoke College, the 2017 Team captured the 2017 VHSL Group 4A Indoor State Title; WHEREAS, at the Colonel Classic Indoor Meet on April 8, 2017, at William Fleming High School, the 2017 Team dominated its competition in claiming another meet championship; WHEREAS, it the Cosmopolitan Invitational Indoor Track and Field 2017 Meet held May 4-6, 2017, at William Fleming high School, the 2017 Team walked away with the championship by two points; WHEREAS, at the Virginia high School League Group 4A Conference 24 Outdoor 'Frock and Field Championship Meet on May 20, 2017, at Salem High School, the 2017 "Team scored 184 and became Conference Champions; WHEREAS, at the Virginia High School League Region 4A West Outdoor Track and Field Meet on May 25, 2017, at Liberty University, the 2017 Team scored 79 points and finished second to Amherst I Iigh School; and WHEREAS, individual team members earned the following honors Virginia High School League Group 4A State Indoor "Track and Field Championship Meet, February 24 -25, at Roanoke College: State Champions were Azavier Kirtley - 500 Meter Dash, Jayvon .Tones - Triple Jump, and the 4 x 400 Meter Relay Team of Azavier Kirticy, Tajal Jackson, Major Jones and Robert Martin; Virginia High School League Region 4A West Outdoor Track and Field Meet, May 25, 2017, at Liberty University, 4A West Region Champions were Azavier Kirtley - Boys 400 Meter Dash, Jehmel Greene - Boys Triple Jump, and the teen of Azavier Kirtley, Tajai Jackson, Major Jones, and Robert Martin - the 4 x 400 Meter Relay; Virginia High School League Group 4A Conference 24 Indoor Track and Field Championship Winners were Azavier Kirtley - 100 Meter, Azavier Kirtley - 200 Meter, Azavier Kirtley - 400 Meter, Azavier Kirtley - Long Jump, Major Jones - 100 Meter Hurdles, Major Jones - 300 Meter Hurdles, Tyreek Hour - Boys Discus, Jehmel Green - Boys Triple Jump. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council adopts this resolution as a means of recognizing, congratulating, and honoring the 2017 the William Fleming Indoor /Outdoor Boys Track & Field 'Team and their coaches for their achievements and successes throughout the 2017 season. 2. "['he City Clerk is directed to forward an attested copy of this resolution to the coaches of the 2017 William Flcming Indoor /Outdoor Boys "['rack & Field Team, Ilead Coach Robert Vineyard, and Assistant Coaches Cynthia Cooper, Rodney Dickerson, and Dere I icks. ATTEST > r M v �� City CiCiC. IN THE COIINCII, OF THE CITY OP ROANOKE, VIRGINIA The 21st day of August, 2017. No. 40936 - 082117. A RESOLUTION recognizing, congratulating, and honoring the accomplishments of members of the 2017 Patrick Henry High School Boys Outdoor Track '['earn and 2017 Patrick Henry High School Girls Outdoor Track Team for their individual wins in the 2017 VHSL State Championship, Conference 16 Competition. WIIF.REAS, the 2017 Patrick Henry High School Boys Outdoor Track Team and the 2017 Patrick Henry High School Girls Outdoor "Crack Team demonstrated great determination, spirit, and commitment in practicing long hours, maintaining their academic commitments, and giving their best performances throughout the 2017 season; WHEREAS, the athletes on each team competed in the VHSL State Championship, Conference 16 Competition in June 2017; WHEREAS, at the State Championships, team members displayed their talents to their competitors throughout the Commonwealth of Virginia; and WHEREAS, Elijah Cook in Boys Shot Put; Olivia DeMattia in Girls 100 Hurdles; Aboitel Scere in Girls 100 Yard Dash; Abby Tershak in Girls Pole Vault; and Louise Scere, Olivia DeMattia, Simran Drakeford, and Aboitel Scere in the 4 x 100 Girls Relay distinguished themselves, their team, and their communities as Champions in their respective events. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: Council adopts this resolution as a means of recognizing, congratulating, and honoring the 2017 Patrick Henry High School Boys Outdoor Track Team and the 2017 Patrick Henry High School Girls Outdoor Track Team, their individual athletes, and their coaches for their achievements in the 2017 VHSL State Championship, Conference 16 Competition. The City Clerk is directed to forward an attested copy of this resolution to the coaches of the 2017 Patrick I henry High School Boys Outdoor Track Team and the 2017 Patrick Henry High School Girls Outdoor Track 'ream, Coaches, Jeff Johnson, Maggie Newman, Tommy Jones, and Anthony I)rakcford. ATTEST: W �,��� City Clerk. IN THE COUNCIL, OF THE CITY OF ROANOKE, VIRGINIA The 21st day of August, 2017. N0. 40937- 082117. A RESOLUTION recognizing, congratulating, and honoring the 2017 William Fleming Iligh School Girls Track Team for individual wins in the Virginia High School League Group 4A Conference 24 Track and Field Championship Meet, and for tying with the Salem high School Girls Track Team in the Colonel Classic. WHEREAS, the 2017 Team demonstrated great determination, spirit, and commitment in practicing long hours, maintaining their academic commitments, and giving their best performances throughout the 2017 season; WHEREAS, the 2017 Teatn competed in the Virginia High School League Group 4A Conference 24 Indoor Track and Field Championship Meet on February 8, 2017, at Liberty University; WHEREAS, at the Conference Championship Meet, individual team members Majesty Jones (100 Meters and 300 Hurdles), Lauryn Wiley (Discus), and Alexus Preston (Triple Jump), for winning their respective events; WHEREAS, the 2017 Team scored 109 points to become Champions of the 2017 Conference Championship Meet; and WHEREAS, at the Colonel Classic on April 8, 2017, at William Fleming High School, the 2017 Team battled throughout the Classic and ended the meet tied with Salem High School. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council adopts this resolution as a means of recognizing, congratulating, and honoring the 2017 William Fleming high School Girls 'Track 'learn, its individual members, and its coaches For their accomplishments throughout the 2017 season, including their successes in the Virginia High School League Group 4A Conference 24 'Track and Field Championship Meet and the Colonel Classic. 2. The City Clerk is directed to forward an attested copy of this resolution to the coaches of the 2017 William Fleming High School Girls Track 'Team, Robert Vineyard, Cynthia Cooper, Rodney Dickerson, and Dere }licks. ATTEST: �rrn city Ciex. Roy Main 1930 Patterson Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Main: I am enclosing copy of Ordinance No. 40938- 082117 permanently vacating, discontinuing and closing a 100 -foot portion of alleyway, perpendicular to 20th Street, S. W., and between Chapman Avenue and Patterson Avenue, S.W., with the portion to be vacated between and adjacent to the entire southern side of Official Tax Map No. 1313501 and the entire northern side of Official Tax Map No. 1313510. Prior to receiving all required approvals of the subdivision plat referenced in Ordinance No. 40938 - 082117, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of $1,397.00 as consideration, pursuant to Section 15.2 -2008, Code of Virginia (1950), as amended, for the vacated right -of -way. The applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of Ordinance No. 40938- 082117for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. The applicant shall, upon a certified copy of Ordinance No. 40938- 082117 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. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)X.53 -2541 ku.v: (541)853 -1145 ti1T:1.11 AN 18 NI. MOON RE1 NOLDS, MNR F refl: el. hlr, ro motkrv.,.,ry ('ily Clerk ('H('ELIA K MC( 'CA Deputy City Oct k CECI LIA T. AA EBB. CM(' August 25, 2017 MA,bat UeVnty City Clerk Roy Main 1930 Patterson Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Main: I am enclosing copy of Ordinance No. 40938- 082117 permanently vacating, discontinuing and closing a 100 -foot portion of alleyway, perpendicular to 20th Street, S. W., and between Chapman Avenue and Patterson Avenue, S.W., with the portion to be vacated between and adjacent to the entire southern side of Official Tax Map No. 1313501 and the entire northern side of Official Tax Map No. 1313510. Prior to receiving all required approvals of the subdivision plat referenced in Ordinance No. 40938 - 082117, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of $1,397.00 as consideration, pursuant to Section 15.2 -2008, Code of Virginia (1950), as amended, for the vacated right -of -way. The applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of Ordinance No. 40938- 082117for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. The applicant shall, upon a certified copy of Ordinance No. 40938- 082117 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. Roy Main August 25, 2017 Page 2 Lastly, if the above conditions have not been met within a period of one year from the date of the adoption of Ordinance No. 40938- 082117, then such ordinance shall be null and void with no further action by City Council being necessary. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 21, 2017, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: Tobias Newsome Assets, LLC, P. O. Box 4039, Roanoke, Virginia 24015 Mary Elizabeth Kepley, P. O. Box 8512, Roanoke, Virginia 24014 Main Heating and Air Conditioning, Inc., P. O. Box 4493, Roanoke, Virginia 24015 Ernie Littlefield, 5359 Black Bear Lane, S. W., Roanoke, Virginia 24018 Ngoy and Lida H. Long, 1929 Patterson Ave S. W., Roanoke, Virginia 24016 Hazel and Emma Mauney, 517 11th Street, S. W., Roanoke, Virginia 24016 Diamond Imports, Inc., 3325 Hershberger Road, N. W., Roanoke, Virginia 24017 Troy Andre Harris, 2702 Lansing Drive, S. W., Roanoke, Virginia 24015 John Kepley, P. O. Box 8512, Roanoke, Virginia 24014 Switzer Properties, LLC, P. O. Box 4511, Roanoke, Virginia 24015 Roy G. Main, Jr., 5432 Canter Drive, S. W., Roanoke, Virginia 24018 The Honorable Brenda Hamilton, Clerk of Circuit Court The Honorable Evelyn Powers, Treasurer Sherman M. Stovall, Acting City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Luke Pugh, City Engineer Susan Lower, Director of Real Estate Valuation Tina Carr, Secretary, City Planning Commission 1'OFil.l(' I(JUM 0I WAY LO('A'I1 (Ir ADIM IfN 10 If FA IAl, JA%MAI'NOS I317Sol :Pet 1317510 P Ol" K 1 Y OW NI(R: ('ITV OF ROANOKI'1 IN'I'IIP COUNC'II,oP'1'111{ ('I'I'Y UI: ROANOKI?, VIRGINIA The 21st day of August, 2017. No. 40938- 082117- AN ORDINANCE permanently vacating, discontinuing and closing a public right-ol -way in the Cily of Roanoke running perpcndieulm' to 20th Street, S.W., and between Cha is u n Avenue, S.W., and Patterson Avenue, S. W., as more particula'ly described herci na ffei; and dispensing with the second reading of this ordinance by title. WHEREAS, Roy Main 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 August 21, 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 oil such application; WHEREAS, it appearing firom the foregoing that the land proprietors affected by the requested closing of the subject public right -of -way have been properly notified; and WIII!Ri:AS, front ;dl of the fixegoulg. City Council considers Ihal no inconvenience will result to any individual or to the public 1 }ono permmnenlly vacating, discontinuing and closing such puhlic right- of -way. TIII'.R I!I URI'.. R6: 1'1' ORDAINED by the Council of the City of Roanol:c, Virginia, That the public light-()' way situated in the City of Roanol<c, Virginia, and more parlicularly described as follows: a 100 fool portion of alleyway, perpendicular to 20th Street, S.W. , and between Chapman Avenue, S.W., and Patterson Avenue, S.W., with the Portion to be vacated between and adjacent to the moil-, southern side of Official Tax Map No. 1313501 and the entire northern side of Official 'fax Map No. 1313510 be, and is hereby pormancntly 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 m for the public of cable television, electricity, natural gas, telephone service, or stotmwater, 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 m' over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later. abandonment 2 of use ca removed from the uhovc- dcycribed public right -of -way of any such municipal installation or other utility or facility by Ile owner therein: Ilk I I I UR I] II ±R ORDAINFI) thin the applicant shell submit to the Subdivision Agcnl, receive all required approvals of, and record with the Clcii< of the Circuit Court for the City of Roanoke, it subeivision plat, with such plat combining all properties which would o III cIwise dispose of Ile land within the right -oI -Way to be vacated in a manner consistent will low, and retaining appropriate casements, 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. 111; 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 one thousand three hundred ninety -seven dollars ($1,397) as consideration pursuant to §15.2 -2008, Code of Virginia (1950), as amended, for the vacated right -of -way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where 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, 3 Virginia, where deeds are recorded in such C'loak's Office, file with the City Iinginecr firr the City of Roanoke. Virginia, the Clell"s reccipl, dcmonshating that such recordation has occurred. 131: 1'1' Ft1RT] WR 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 not and void with no further action by City Council being necessary. 131; IT FINALLY ORDAINFD that pursuant to the provisions of §j2 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: S City Cleric ��� "' CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 2017 Subject: Application from Roy Main to vacate a 100 foot portion of alleyway perpendicular to 20th Street, S.W., and between Chapman Avenue, S.W., and Patterson Avenue, S.W., with the portion to be vacated between and adjacent to the entire southern side of Official Tax Map No. 1 31 3501 and the entire northern side of Official Tax Map No. 1313510. Recommendation The Planning Commission held a public hearing on Monday, August 14, 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 $1 ,397 for the vacation of the public's right to use the portion of the subject right of way. 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. Roy Main Applicant: Roy Main City Staff Person: Wayne Leftwich Official Tax Nos. of surrounding properties 1 31 3510, 1 31 3501 Site Area: 1,200 square feet Existing Zoning: CG Commercial-General, 1 -1:Light Industrial Existing Land Use: Commercial and Vacant Proposed Land Use: Commercial and Vacant Neighborhood Plan: Hurt Park /Mountain View /West End Neighborhood Plan Specified Future Land Use: Commercial and Light Industrial Filing Date: June 13, 2017 Background The applicant seeks to vacate a 100 foot portion of alleyway perpendicular to 20th Street, S.W., and between Chapman Avenue, S.W., and Patterson Avenue, S.W., with the portion to be vacated between and adjacent to the entire southern side of Official Tax Map No. 1 31 3501 and the entire northern side of Official Tax Map No. 1313510. The applicant is seeking vacation to clean up the overgrowth of brush and trees and to connect each adjacent property together for security purposes. Considerations The applicant, Roy Main, who is the owner of both adjacent properties to the proposed vacated right of way, seeks to obtain ownership of the entirety of the vacated portion of alley and combine it with Official Tax Map No. 1 31 3510. The vacated alley will be purchased from the City for $1,397. Surrounding Zoning and Land Use: Zoning District Land Use North CG:Commercial- General Commercial South 1-1 :Light Industrial Vacant East CG-Commercial-General, 1 -1:Li ht Commercial, Light Industrial Conformity with the Comprehensive Plan and Neighborhood Plans: The City's Comprehensive Plan states that Roanoke will have a sustainable, diverse economic base and supports revitalization of underutilized commercial and industrial sites. The proposed alley vacation will help the business and property owner clear the overgrown vegetation and fence the area to create a greater sense of security for the business. The Hurt Park /Mountain View /West End Neighborhood Plan encourages infill development of vacant parcels in the Light Industrial areas, and states that commercial and industrial uses should improve buffers, consider planting trees or establishing green space. This alley vacation will allow the property owner to better maintain the property, removing overgrown brush, and potentially help support future expansion of infill development on the vacant parcel to the south. Public Utilities: Appalachian Power has no objection to the subject alley closure. Roanoke Gas does not oppose closing the alley. 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. The Economic Development Department supports the request to close this portion of an alley in order to assist the adjacent existing business. This support is contingent on there being no issues with any utilities that may be located in the alley and that are no objections from the other owners whose property is contiguous to the alley between 20th and 19th Streets. Stormwater stated that no stormwater utility impacts noted. Engineering, Building, Environmental, and Development all support the vacation request. Planning Commission Work Session: No Comments Zoning District Land Use Industrial West CG:Commercial- General, I- 1:Light Industrial Residential, Light Industrial Conformity with the Comprehensive Plan and Neighborhood Plans: The City's Comprehensive Plan states that Roanoke will have a sustainable, diverse economic base and supports revitalization of underutilized commercial and industrial sites. The proposed alley vacation will help the business and property owner clear the overgrown vegetation and fence the area to create a greater sense of security for the business. The Hurt Park /Mountain View /West End Neighborhood Plan encourages infill development of vacant parcels in the Light Industrial areas, and states that commercial and industrial uses should improve buffers, consider planting trees or establishing green space. This alley vacation will allow the property owner to better maintain the property, removing overgrown brush, and potentially help support future expansion of infill development on the vacant parcel to the south. Public Utilities: Appalachian Power has no objection to the subject alley closure. Roanoke Gas does not oppose closing the alley. 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. The Economic Development Department supports the request to close this portion of an alley in order to assist the adjacent existing business. This support is contingent on there being no issues with any utilities that may be located in the alley and that are no objections from the other owners whose property is contiguous to the alley between 20th and 19th Streets. Stormwater stated that no stormwater utility impacts noted. Engineering, Building, Environmental, and Development all support the vacation request. Planning Commission Work Session: No Comments Public Comments: Staff has received no public comments. Planning Commission Public Hearing: No Comments. Conclusion The Application is consistent with the City's Comprehensive Plan and the Hurt Park /Mountain View /West End Neighborhood Plan. ViQx Yna f IgDLU d'n-P Kermit Hale, Chair City Planning Commission Sherman M. Stovall, Acting City Manager Chris Chittum, Director of Planning Building & Development Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Roy Main, Applicant Attachments RECEIVED JUL 21 2017 bbba, LANNIN noA&APPLICATION OF W PL4NNING BUILDING MEE bEVELOPMENT STREET OR ALLEY VACATION ROANOKE Date: melon To: Office of the City Clerk ❑ Original Application Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. t Amended Application No. " Roanoke, VA 24011 Phone- (540) 853 -2541 Fax (540) 853 -1145 All submittals must be typed and include all required documentation and a check for the filing fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: 11,danwal I. dldclnl Pal n­ SW and chaam=a Ave s W piW all l.- a"airec NIDN d1l. .e ldl,m d°rdmor ORaal im Map Nag OmEeral0ra.l Tinial 131311id Proposed use of vacated street or alley: '°^ala'a'n'°°'ponl o1 aIe=10 keep ("'a'°"=,gra "1 = =raa,aa and rda, , „aa..,am..all, Name of Applicant)Contact Person: lrW tan gaol nla Mailing Address =.111"A" Telephone: ( ) xuxz -j 16° Fax: ( )a'43°S°as E -mail: .11 aom Applicant(s) signature(s). �iG . : e 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 E -mail: elerkerennokeve.gav June 20, 2017 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Mxlatanl Deputy City Clerk RECEIVED JUN 21 2017 CITY OF ROANOKE PLANNING BUILDING 8 DEVELOPMENT 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 Application for Street or Alley Vacation received in the City Clerk's Office on June 20, 2017, from Roy Main requesting that the alley between the 1900 block of Patterson Avenue, S. W., and Chapman Avenue, S.W., directly adjacent to 20" Street, S. W., designated as Official Tax Map No. 1313510, be vacated, discontinued and closed. Sincerely, c VXcCS�- 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 Adjoining Property Owners for Alley Vacation 1900 block of Patterson Avenue, S.W. and Chapman Avenue, 5 TAXID MailAddress MailCity State MailZip LocalAddress LocalCity Zip 1312709 PO BOX 4039 ROANOKE VA 24015 2001 PATTERSON AVE SW ROANOKE 24016 1312809 1929 PATTERSON AVE SW ROANOKE VA 24016 1929 PATTERSON AVE SW ROANOKE 24016 1312810 PO BOX 8512 ROANOKE VA 24014 1925 PATTERSON AVE SW ROANOKE 24016 1312811 PO BOX 8512 ROANOKE VA 24014 1921 PATTERSON AVE SW ROANOKE 24016 1313408 517 11TH 5T SW ROANOKE VA 24016 2002 PATTERSON AVE SW ROANOKE 24016 1313416 PO 80X4511 ROANOKE VA 24015 2005 CHAPMAN AVE SW ROANOKE 24016 1313501 PO BOX 4493 ROANOKE VA 24015 1930 PATTERSON AVE SW ROANOKE 24016 1313503 3325 HERSHBERGER RD NW ROANOKE VA 24017 1922 PATTERSON AVE SW ROANOKE 24016 1313510 5432 CANTER DR SW ROANOKE VA 24018 OCHAPMAN AV SW ROANOKE 1313513 15359 BLACK BEAR LN IROANOKE VA 24018 1917 CHAPMAN AVE SW ROANOKE 24016 1320101 2702 LANSING DR SW ROANOKE VA 24015 1932 CHAPMAN AVE SW ROANOKE 24016 [1-3270-1-01-12702 LANSING DR SW ROANOKE VA 24015 1932 CHAPMAN AVE SW ROANOKE 24016 .W. (Tax Map Nos. 1313501 & 1313510) Ownerl TOBIAS NEWSOME ASSETTS LLC LONG NGOY & LIDA H KEPLEY JOHN KEPLEY MARY ELIZABETH MAUNEY HAZEL & EMMA SWITZER PROPERTIES LLC MAIN HEATING AND AIR CONDITIONING IN DIAMOND IMPORTS INC MAIN ROY G JR AND NORMA JEAN LITTLEFIELD ERNIE HARRIS TROY ANDRE & ZACHARY JORDON HARRIS TROY ANDRE & ZACHARY JORDON CITY OF ROANOKE - PDV Ann Donna Payne 215 CHURCH AVE ROOM 166 ROANOKE. VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication RECEIVED AUG I 1 2017 Account Number 6011439 Oab August 08, 2017 CITY OF ROANOKE PLANNING BUILDING 8 DEVELOPMENT Cale Category Description Ad size Total Cost 0811412017 Legal Notices PUBLIC HEARING NOTICE Any public hearings governed he 1 x 71 L 717.52 Publisher of the NEARING NOTICE R Roanoke Times yPUBLIC N bbli n¢la a Chamber, foarth f c c6urcn mrA,enm- 1p'S w a0e1v anoke, I I, (the undersigned) an authorized representative of the m. mia. Any appnctions In be Roanoke Times, a daily newspaper published in Roanoke, in the as § floor, ROOM CIS. 2215 Church swaths, S State of Virginia, do certify that the annexed notice PUBLIC Seo' Bait ee.v1rghs. NOTICE An was published in said newspapers on the The ch or ...ke Moore.. w will N following dates: August 14. 2012. t 1:ab P.m.. or as 9 9 Soon as the matters may be heard, to Consider these applications: a an alley u 08101, 081092017 Patterson Ave.s W P erly .11mi the alley's Intersection ` enure southern border of offirite e nitre n n border of offficial Tax Map fk,..iTislb_ The First insertion being given... 0910112011 Application by Bradley t the property located at 6C2 walnut Areirme, sE. urine S Newspa er reference: 0000500901 S. Residential T District. W R- 2. Residential Single homily District. The land use cateeodes Permitted " Include u I Cons and ermm ualn^: I It`�/1/IIWIr , uses and � �1 simncco I ,t1 I s orgy. with a of one P penalty, f feet of lot area.. 1 Billing Re esentative prehetne plan desmnates the 9 9 P spe =an gameyeeOOm ese°Pnor dooes not s Donna M. Payne. Acting secretary. City B Bwom to and subscribed before me this Tuesday, August 8, 2017 Planning Commission Coy Council will hind pool. neadngs / / /` s the 1 4 Angu t as me matters may be heard. VZZ aw spe =al Zommin.aa e`y :o aRenoo N Notary P tali. � . npaTtlpac n the hearings should �• ° al least nee days prior to the : PP'. , THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU 'f ...... 1v PUBLIC ]BEARING NOTICE hill 711[ ®Ill /a1;111CfL[/7111[!IG 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 Planting, 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 August 14, 2017, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application from Roy Main to vacate an alley between the 1900 block of Patterson Avenue, S.W., and Chapman Ave, S.W., extending 100 feet in an easterly direction from the alley's intersection with 20th Street, S.W., along the entire southern border of Official Tax Map No. 1313501 and the entire northern border of Official Tax Map No. 1313510. Application by Bradley and Angela Yarbrough to rezone the property located at 642 Walnut Avenue, S.E., bearing Official Tax Map No. 4041134, from R -5, Residential Single - Family District, to R -12, Residential Single - Family District. The land use categories permitted in R -12 include residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory, with a maximum density of one dwelling unit per 12,000 square feet of lot area. The comprehensive plan designates the property for single family residential use, but does not specify density. Donna M. Payne, Acting Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on August 21, 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 Please publish in newspaper on Tuesday, August 1, 2017 and Tuesday, August 8, 2017. Please bill and send affidavit of publication to: Donna M. Payne Acting Secretary to the Planning Commission Administrative Assistant Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1330 donna.payneC&i oanokeva.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 CECELIA T. WEBB, CMC August 8, 2017 AsaINO Deputy City Clerk Roy Main 1930 Patterson Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Main: A public hearing has been advertised to be heard by the City Planning Commission on Monday, August 14, 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 alley between the 1900 block of Patterson Avenue, and Chapman Avenue, extending 100 feet in an easterly direction from the alley's intersection with 20th Street, S. W., along the entire southern border of Official Tax Map No. 1313501 and the entire northern border of Official Tax Map No. 1313510. (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, August 21, 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 August 14. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, n�n� Cn'_�Q� Stephanie M. Moon Remolds '/ 1 City Clerk VVV Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK _ 215 Church Avenue, S. W., Room 456 Romloke, Virginh, 24011 -1536 Td,hnne: (5411)953 -2541 Ft,,: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC. E -nutll: elerk(oanmmkevn'R °v CECELIA F. MCCOY Cit, C'ICrk Deputy City ('Icrk CECELIA T. WEBB, CMC August 8, 2017 AsaINO Deputy City Clerk Roy Main 1930 Patterson Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Main: A public hearing has been advertised to be heard by the City Planning Commission on Monday, August 14, 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 alley between the 1900 block of Patterson Avenue, and Chapman Avenue, extending 100 feet in an easterly direction from the alley's intersection with 20th Street, S. W., along the entire southern border of Official Tax Map No. 1313501 and the entire northern border of Official Tax Map No. 1313510. (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, August 21, 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 August 14. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, n�n� Cn'_�Q� Stephanie M. Moon Remolds '/ 1 City Clerk VVV Enclosure Tobias Newsome Assets, LLC Switzer Properties, LLC Ngoy and Lida H. Long Main Heating and Air Conditioning, Inc. CITY OF ROANOKE Diamond Imports, Inc. Mary Elizabeth Kepley OFFICE OF THE CITY CLERK Hazel and Emma Mauney Troy Andre Harris y 15 Church Avenne, S. W., Room 456 rc. Roanoke, Virginia 24011 -1536 '141ep6una (5411)953 -2541 Fnn: (540)X53-1145 S'nn'IIANIE M. MOON REYNOLDS, MMC E-,nail: eierk(aro:mokevn.... ('ECELIA F. MU OY Cit, Clerk Depnly City Clerk August 8,2017 CU ELIA T.\YERR, CM(' Asn ,Nnt U,W, City Clerk Tobias Newsome Assets, LLC Switzer Properties, LLC Ngoy and Lida H. Long Main Heating and Air Conditioning, Inc. John Kepley Diamond Imports, Inc. Mary Elizabeth Kepley Ernie Littlefield Hazel and Emma Mauney Troy Andre Harris Ladies and Gentlemen A public hearing has been advertised to be heard by the City Planning Commission on Monday, August 14, 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 Roy Main to vacate an alley between the 1900 block of Patterson Avenue, and Chapman Avenue, extending 100 feet in an easterly direction from the alley's intersection with 20th Street, S. W., along the entire southern border of Official Tax Map No. 1313501 and the entire northern border of Official Tax Map No. 1313510. (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, August 21, 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.cov, under "Roanoke Planning Commission News ", following its meeting on August 14. 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, C_� Stephanie M. Moon R �o c/ \ yQ � City Clerk Enclosure k CITY OF ROANOKE OFFICE OF THE CITY CLERK — 215 Church Avenue, S. W., Room 456 Kunnokc, Virginin 24011 -1536 Telepkunv: (5411) 851 -2541 Fnz: (54(1)953 -1195 STEPHANIE M. MOON REYNOLDS, MM(' L- ,null: elerk(nYOxnnkevu.9O° ('E(FI.IAF.M((OV ('it, ('Irrk Deputy ('ily ('lark June 20, 2017 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: CE('ELIA T. W ERR, CM(' A,,Want Deputy fIty ('lark 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 Application for Street or Alley Vacation received in the City Clerk's Office on June 20, 2017, from Roy Main requesting that the alley between the 1900 block of Patterson Avenue, S. W., and Chapman Avenue, S.W., directly adjacent to 20U' Street, S. W., designated as Official Tax Map No. 1313510, be vacated, discontinued and closed. Sincerely, 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 ,w APPLICATION STREET OR ALLEY VACATION ROANOKE Date: 06/1312017 To: office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Building E 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853 -2541 Fax: (540) 853 -1145 All submittals must be typed and include all required documentation and a check for the filing fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: Alley between the 1900 block of Patterson Ave and rho mnn Ave direretly adi.cent to 20th street. The portion to be closed would be bordered by 1930 Patterson Ave and Chapman Proposed use of vacated street or alley: To maintain footprint of alley to keep from overgrowth of brush and trees. Also to connect each adjacent property together for security purposes. Name of Applicant/Contact Person: Roy Main 1930 Patterson Ave Mailing Address: Roanoke, 2-A 24016 Telephone: ( ) 511- 342-1110 Applicant(s) signature(s): Fax: ( )540- 345 -0875 E-mail: kelly @mainheatingac.com 717 .JUN -an fM11:37 August 25, 2017 Bradley N. and Angela Yarbrough 121 Oak Ridge Court Blue Ridge, Virginia 24064 Dear Mr. and Mrs. Yarbrough: I am enclosing copy of Ordinance No. 40939- 082117 rezoning property located at 642 Walnut Avenue, S.E., from R -5, Residential single - Family District, to R -12, Residential Single - Family District, as set forth in the Zoning Amendment Amended Application No. 1 dated July 25, 2017. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 21, 2017, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: Mountain View Holdings, LLC, 76 Miracle Lane, Blue Ridge, Virginia 24064 Alan L. Wyrick, 396 Loope Lane, Buchanan, Virginia 24066 William H. and Done M. Howard, 627 Walnut Avenue, S. E., Roanoke, Virginia 24014 Raymond J. Lawson, Jr., 632 Walnut Avenue, S. E., Roanoke, Virginia 24014 Federal National Mortgage, P. O. Box 650043, Dallas, Texas 75265 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 ClUll ch Amnic, S. W., Room 456 Rnull 7536 l( 24011 - felili ole: : 546) -51 -2541 5'rP:PIlAN11!M. M11(1IIN I<I <V N(ILIIS,MM(' hIl: (580)858 -1185 I•:muil: elcrkGr'row,okcvn.Nar (llv ('lerk CY:CI'.LIA F. M1iCCOY De,nlY Cif, Clerk C6.0 ELIA'1. WEDD, CAI(' A,, Nlwl Del ul) (filY('lurk August 25, 2017 Bradley N. and Angela Yarbrough 121 Oak Ridge Court Blue Ridge, Virginia 24064 Dear Mr. and Mrs. Yarbrough: I am enclosing copy of Ordinance No. 40939- 082117 rezoning property located at 642 Walnut Avenue, S.E., from R -5, Residential single - Family District, to R -12, Residential Single - Family District, as set forth in the Zoning Amendment Amended Application No. 1 dated July 25, 2017. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 21, 2017, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: Mountain View Holdings, LLC, 76 Miracle Lane, Blue Ridge, Virginia 24064 Alan L. Wyrick, 396 Loope Lane, Buchanan, Virginia 24066 William H. and Done M. Howard, 627 Walnut Avenue, S. E., Roanoke, Virginia 24014 Raymond J. Lawson, Jr., 632 Walnut Avenue, S. E., Roanoke, Virginia 24014 Federal National Mortgage, P. O. Box 650043, Dallas, Texas 75265 Bradley N. and Angela Yarbrough August 25, 2017 Page 2 Pc: Kathy Hill, President, Riverland - Walnut Neighborhood Association, 509 Arbor Avenue, S. E., Roanoke, Virginia 24014 -1205 The Honorable Brenda Hamilton, Clerk of Circuit Court Sherman M. Stovall, Acting City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Luke Pugh, City Engineer Susan Lower, Director of Real Estate Valuation Tina Can, Secretary, City Planning Commission M THE COUNCIL OF THE CITY OF ROANOKE. VIRC11NiA The 21st day of August, 2017. No. 40939- 082117. AN ORDINANCE to rezone certain property located at 642 Walnut Avenue, S.li., from R -5, Residential Single - Family District to R -12, Residential Single- Family Disn'ict; and dispensing with the second reading of this ordinance by title. WHEREAS, Bradley and Angela Yarbrough, have made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have the property located at 642 Walnut Avenue, S.E., bearing Official Tax Map No. 4041134, rezoned from R -5, Residential Single- Family District to R -12, Residential Single- Family District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 21, 2017, 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 as opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion of the hereinafter described property should be rezoned as herein provided. THEREFORE, BF IT ORDAINED by the Council of the City of Roanoke that: Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No. 4041134, located at 642 Walnut Avenue, S.E., be and is hereby rezoned from R -5, Residential Single- Family District, as set forth in the Zoning Amendment Amended Application No. 1 dated Judy 25, 2017. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Cl Rezone Without proffers-642 Walnut Doc PLANNING COMMISSION AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 2017 Subject: Application by Bradley and Angela Yarbrough to rezone the property located at 642 Walnut Avenue, S.E., bearing Official Tax Map No. 4041134, from R -5, Residential Single - Family District, to R -1 2, Residential Single - Family District. Recommendation The Planning Commission held a public hearing on Monday, August 14, 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, Riverland /Walnut Hill Neighborhood Plan, and Zoning Ordinance as the parcel will be developed for an active use appropriate to the surrounding area. Application Information Re uest: Rezoning Owner: Bradley and Angela Yarbrough Applicant: See above Authorized Agent: none City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address /Location: 642 Walnut Avenue, S.E. Official Tax Nos.: 4041134 Site Area: Approximately 0.3443 acres Existing Zoning: R -5, Residential Single-Family District Proposed Zoning: R -12, Residential Single-Family District Existing Land Use: Vacant Proposed Land Use: Residential single-family dwelling Neighborhood Plan: Riverland /Walnut Hill Neighborhood Plan Specified Future land Use: Residential Filing Date: Original Application: June 26, 2017 Amended Application No. 1: July 24, 2017 Background The subject property is located at the intersections of Walnut Avenue, SE, Sylvan Road, SE and JB Fishburn Parkway. This is a transitional area with traditional neighborhood development along Walnut Avenue, more suburban style development along Sylvan Road and wooded parkland along jB Fishburn Parkway. In 2015, the applicants acquired the subject property with the intention of constructing a single family home as permitted by the current R -5 zoning. As part of developing a plan for the proposed home, the applicants hired a geotechnical engineer to help with design of the foundation. The geotechnical study revealed that significant fill soil had been placed on the site that was not suitable for supporting a foundation. The current R -5 zoning district uses the Infill rule" to align houses with others on the block face. This requires the proposed house to be constructed with an approximately 25 foot setback from the Walnut Avenue right -of -way which would place the house on the unsuitable fill material. Rezoning the property to R -12 would allow the dwelling to be constructed further back on the lot, outside the area of fill. Considerations The subject property proposed for rezoning is located at the base of Mill Mountain where Walnut Avenue transitions into jB Fishburn Parkway that continues to the top of Mill Mountain. The site is located at a gateway from the forested area on Mill Mountain to the urban development area at its base. Surrounding Zoning and Land Use: Zoning District Land Use Northeast R -5, Residential Single - Family Dwelling, Two - Family; and District (along Riverland Road, Dwelling, Single - Family separated by substantial grade Detached change) Southeast R -5, Residential Single - Family Vacant; and Park District and ROS, Recreation and Open Space District Southwest R -12, Residential Single - Family Dwelling, Single - Family Detached Northwest R -5, Residential Single - Family Dwelling, Single - Family District Detached; and Dwelling, two- family Compliance with the Zoning Ordinance: The purposes of the R -1 2, R -7, R -5, and R -3 Districts are to protect residential neighborhoods, to provide a range of housing choices, and to incorporate neighborhood principles, including lot frontages, building setbacks and densities, that are customary in urban and suburban neighborhoods. The future development of the property is subject to dimensional and development standards of the ordinance. Conformity with the Comprehensive Plan and Neighborhood Plan: Vision 2001 -2020 generally recognizes two types of residential development patterns, traditional and suburban, as described below. Traditional neighborhoods Traditional neighborhoods are characterized by medium -sized lots (5,000- 7,000 square feet); one and a half or two -story houses; consistent building setbacks; and an interconnected grid of narrow, tree -lined streets. These neighborhoods developed between the 1920s and 1940s as the streetcar system expanded outward. Traditional neighborhoods often feature churches, neighborhood schools, and small neighborhood commercial centers. Suburban neighborhoods Suburban neighborhoods are characterized by large lots (greater than 7,000 square feet), a variety of housing sizes and styles, deep front yard setbacks, wide curvilinear streets, and prominent driveways and garages. These neighborhoods developed after World War II as dependency on the automobile increased. The development extending along Walnut Avenue to Sylvan Road is in a traditional pattern while the development along Sylvan Road (and extending along Prospect Road) is clearly more suburban in nature. The subject property at the intersection of Walnut and Sylvan is in a transitional area between these two development styles as well as the wooded parkland on Mill Mountain. The Rivevland /Walnut Hill Neighborhood Plan calls for residential development that reflects the consistent setbacks and bulk of a traditional neighborhood. The proposed zoning change would allow development reflective of the development pattern directly across Walnut, along Sylvan Road. The development would not be consistent with the development pattern on the eastern side of the block of Walnut Avenue where the property is located. However, as this property is essentially at the end of Walnut Avenue, in a transitional area, this consideration is not as significant as if it had been an interior lot located in the core of the traditional area. The Riverland /Walnut Hill Neighborhood Plan recognizes the gateway area from jB Fishburn Parkway onto Walnut Avenue and Walnut Avenue itself as key component to the neighborhood. Walnut Avenue Walnut Avenue is a well - developed street with mature trees and an aesthetically pleasing streetscape. Suggestions focus on traffic - calming and enhancing its appeal as one of Roanoke's primary gateways: • A defined edge between Mill Mountain Park and the 600 block. One possibility is a curb extension on the north side of the 600 block that will make it clearer to drivers coming down from Mill Mountain that they are entering a residential area. Gateway - Walnut Avenue: For visitors exiting the Blue Ridge Parkway at Mill Mountain, Walnut Avenue is the first introduction to Roanoke's neighborhoods. Walnut Avenue is a residential street and not a major transportation route, but it is a valuable gateway to the city. The streetscape along Walnut Avenue showcases a well - developed, healthy Roanoke neighborhood. Street enhancements outlined on page 21 would improve the Walnut Avenue corridor. In addition, appropriate signage would help direct visitors and promote Roanoke's unique attractions (Vision 2001 -2020, pg.89). The principal consideration is whether the proposed rezoning and is consistent with Vision 2001 -2020 and the Riverland /Walnut Hill Neighborhood Plan. The gateway into the community at the transition from jB Fishburn Parkway to Walnut Avenue has been an important part of the community's development pattern for many decades. Changing the zoning to allow a deeper setback for the subject property should not affect this entry into the city and would not preclude construction of curb extensions or other features to create a clear transition to the neighborhood from the Mill Mountain park land. This change to the property will facilitate the development of a vacant residential lot in a manner that reflects a gradual transition on both sides of the street from less intensive uses and forms at the gateway to more intensive uses continuing along Walnut Avenue towards the village center at the bottom of the hill. Public Comment Summary The Rive rland- Walnut Neighborhood Association submitted a letter of support for the rezoning application noting that the Yarboroughs presented their plans at a meeting of the association on July 10, 2017 and that attendees voted unanimously to support the change. Planning Commission Work Session (July 07 2017) The following items were discussed in the Planning Commission Work Session and should be addressed for compliance with City policy and ordinances. • Traditional and suburban neighborhood infill should reflect a traditional development pattern. Changes (such as rotating the dwelling 45 degrees) to make the dwelling more in keeping with the existing neighborhood are recommended. The Applicant subsequently filed Amended Application No. 1 providing more information regarding the type of building they wish to build and including a proposed covered porch feature. Conclusions and Recommendations: While the proposed development does not specifically reinforce a traditional neighborhood pattern, it is consistent with the transitional land uses and development patterns at the intersection of Walnut Avenue, Sylvan Road and JB Fishburn Parkway (traditional and suburban residential development patterns and park land). The rezoning as proposed is largely consistent with these plans as it enables the development of a vacant residential property in a manner appropriate to the surrounding area at a gateway transition to the community. Planning Commission Public Hearing (August 14 2017): No public comment was received. '1�04'nu f Haj-e V Kermit Hale, Chair City Planning Commission Sherman Stovall, Acting City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Bradley and Angela Yarbrough, Property Owners Zoning Amendment ApplicatioR EIVED Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax: (540) 853 -1230 Dale: 7/25/2017 R Nqua twftct a114hat anoW -' x❑ Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ROANOKE JUL 2 4 2017 CITY OF ROANOKE Click Here to Print PLANNING BUILDING d UE Submittal Number. Amended Application No. 1 ❑ Establishment of Comprehensive Sign Overlay District ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District .PMOei V mpilw9tloe: Address: 642 Walnut Ave SE Official Tax No(s).: 4041134 ❑ With Conditions Existing Base Zoning: (If multiple zones, please manually enter all districts.) R 5 Residential Single- Family x ❑ Without Conditions Ordinance Nola). for Existing Conditions If applicable): E] With Conditions Proposed Requested Zoning: ft -12, Residential5ingle -Fa m Fx Without Conditions Land Use: residential P /OaertV 11W11al�IWfoflns4foti: Name: Bradley& Angela Yarbrough Phone Number: 5408160530 Address: 505 24th Ave SW ') E -Mail: yarbroughs @comcast. l3vidf �i2, Ll Property Property 0wn�ZS ApyWouit information Of dWerent from owner): Name Phone Number Address: E -Mail: I Applicanfs Signature: Authorized Aaent Information (Napelleabiel• Name Phone Number: Address: E -Mail: I Authorized Agents Signature'. Zoning Amendment Application Checklist The following must be submitted for all applications: R OA N O K E Ix Completed application form and checklist. fx Written narrative explaining the reason for the request. r Metes and bounds description, if applicable. i- Filing fee. For a rezoning not otherwise listed, the following must also be submitted: r Concept plan meeting the Application Requirements of ilem'2(c)' in Zoning Amendment Procedures, For a conditional rezoning, the following must also be submitted: l- 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 r 'development plan' if proffered. For a planned unit development, the following must also be submitted: F Development plan meefing the requirements of Section 362-326 of the City's Zoning Ordinance. For a comprehensive sign overlay district, the following must be submitted: F- Comprehensive signage plan meeting the requirements of Section 362- 336(d)(2) of the City's Zoning Ordinance. For an amendment of proffered conditions, the following must also be submitted: Amended development or concept plan meeting the Application Requirements of ilem'2(c)' in Zoning Amendment Procedures, (- it applicable. r Written proffers to be amended. See the City's Guide to Proffered Conditions. F- Copy of previously adopted Ordinance. For a planned unit development amendment, the following must also be submitted: F- Amended development plan meeting the requirements of Section 36.2 -326 of the Ciys Zoning Ordinance. i- Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment, the following must also be submitted: r- comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance. F- Copy of previousy adopted Ordinance. For a proposal that requires a traffic Impact study be submitted to the City, the following must also be submitted: r A Traffic Impact Study in compliance with Appendix B -2(e) of the Crays Zoning Ordinance. For a proposal that requires a traffic impact analysis be submitted to VDOT, the following must also be submitted: r Cover sheet. r Traffic impact analysis. F- plan. r Proffered conditions, if applicable. f- Required fee. 'An electronic copy of this application and checklist can be found at vvww,manokeva.govlpbd by selecting'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each lime an application is amended, unless otherwise specified by staff. Narrative We are requesting that the city rezone our lot at 642 Walnut Ave SE from R -5 to R -12, slightly enlarging the R -12 zone that starts across the street from the property. We intend to build a home as our residence on the lot. Currently, we are working with Logangate, a 50 -year old company based in Asheville, NC that specializes in environmentally sustainable Timber Frame Pedestal Homes, to customize one of their designs for building on our lot. A pedestal home is a unique timber home featuring a main structure that cantilevers 10 feet from all four sides of a small foundation. The small footprint means minimum site disturbance preserving the natural state of the building area. The home literally rises above environmentally sensitive sites such as steep slopes. While many Logangate pedestal homes have been built in and around Asheville and beyond, this will be the first such design in the Roanoke area. We believe it will be an attractive, interesting addition to the diversity of housing styles found in the Riverland/Walnut Hill neighborhood. The R -12 zone in Riverland/Walnut Hill neighborhood serves as a nice transition between heavily forested Mill Mountain Park and downtown Roanoke. In particular, the change from Fishbum Parkway to Walnut Avenue, which occurs right in front of our lot, offers Blue Ridge Parkway travelers visiting Roanoke a gentle introduction to the city, with the forested parkway gradually opening up to an attractive urban residential streetscape with a view into downtown. Large, mature trees grace Walnut Avenue, especially this upper section. As travelers proceed toward Roanoke, they are greeted by an oak in the yard of our neighbors across the way, a beautiful twin -trunk sycamore on our lot, and a stand of pines and a large cedar on either side of Walnut just past Sylvan Rd. Our vision in developing our lot is to build a home we love while preserving the natural environmental beauty of this part of the Walnut Avenue Gateway, including keeping as much of the tree canopy as possible. This supports the vision put forward in the Riverland/Walnut Hill neighborhood plan of preserving and enhancing this important gateway to the city. We purchased and combined two lots to create our property, and at 15,000 sq ft with 100' of road frontage, it now exceeds the area and frontage requirements for R -12, and has more in common with the lots in the adjacent R -12 zone (including the lot across the street) than it does with the nearby R -5 lots down the street. "Downzoning" our lot to R -12, with lower permitted density, ensures that the lot cannot be redivided into two smaller lots. This forwards the city's goal, as described in the comprehensive plan, of fostering lower- density, traditional neighborhoods on the edges of the downtown area: "In the 1970s, many of Roanoke's traditional neighborhoods were rezoned to allow higher - density residential use. Recent planning efforts have sought to reverse this trend by reducing the permitted density in many neighborhoods while focusing higher - density development around neighborhood commercial nodes." There will be no negative effect of this rezoning on the surrounding neighborhood, such as increased traffic or parking. Indeed, by ensuring that only one single family residential structure is permitted here instead of two, potential traffic is slightly decreased. The property itself presents some unusual obstacles compared to most Roanoke City residential properties. After we purchased the property, a geotechnical study revealed that the soil on the front third of the lot is non structural fill (likely placed 30 plus years ago), and that high- impact measures would be required in order to locate a home there (as would be required by R -5 setback rules), including removing and replacing the 17' deep fill dirt and/or using unconventional foundation construction methods such as augered piers or similar. The first would result in the death of most of the trees at the front of the property, including the sycamore. While the second would not mean certain death for the trees, we have been advised by an arborist that any construction within the root protection zone of the sycamore would endanger it, and we would not be advised to locate our residence under the limbs of such a potentially compromised tree. Our primary motivation for requesting this rezoning is to enable us to set our home further back from the property line than allowed in R -5. Fortunately, this will not result in a setback from the road that would be inconsistent with surrounding homes, and so it is in harmony with the neighborhood plan. The average setback of the homes near our property (looking at all of the homes on Walnut Ave uphill of Ivy St, and on Sylvan Rd east of Camilla St.) is 62' from the road. Our plan is to build 58' back from our property line, or 62' from the road. The comprehensive plan notes that "maintaining and increasing the City's tree canopy will have a beneficial impact on air quality, storm water control, noise levels, temperature, and visual appearance." The neighborhood plan also recognizes the value of the mature trees along Walnut Avenue, and suggests adding "street trees where feasible," noting that narrow landscaping strips may not allow the planting of large species. There are 2 notable mature trees on our property: a poplar tree at the very back of the lot, and the sycamore at the front. The sycamore's branches reach almost from one edge of the property to the other, and make up a significant portion of the property's tree canopy. Rezoning our lot to allow us to preserve as much of the tree canopy as possible while building our home has benefits for us, our neighbors, and Roanoke. The thoughtful, forward - looking planning of Roanoke City officials is evident in "Vision 2001- 2020" and in the Riverland(Walnut Hill neighborhood plan. We believe our rezoning request is consistent with the goals and ideas expressed therein. We are excited to be building our home in this city, and look forward to being a part of its future. lwH l I 1 gts �) 0 eI RI A( ens' Irv- orc. ;• g uf�dnt �I "I .I concept pen -rmn .Vg 20 'AL GY C' SNxIGF l.ZJYIDVY- 1 — 43 4" s / $4Cdrt'CrP Rau PrpflYSilr y gg 6^ tare 1RP2} 0 1' aam- le r as \ °1 t �d WALNUT 4TWU& SE Lel!!L� ✓ vAu [mace • loan riu rota+P IRON NR sFr 642 Walnut Ave SE Concept Plan (revised) prepared by Bradley & Angela Yarbrough 7/21/2017 (plat completed on 9/15/16 by John McAden ) A� rd W/19/3C1E Z NtJ f; MC�pCN � l vn.O ++Y 0 2 F.K C11: �slE I ti: Lr" TFT 1.6R TS ncwa W4 l R].tl 4 . K MW M 1F 9Cii a( H' caws WYae1.1tIW �"T FM BRPO: YARBROUGH d ANGELA VARSR 'G4 LOT A R. Id "g Help[- Qav _2" 51'37/16' 17/1 Floor A Area }� -9tosp k R 1 — 43 4" s / $4Cdrt'CrP Rau PrpflYSilr y gg 6^ tare 1RP2} 0 1' aam- le r as \ °1 t �d WALNUT 4TWU& SE Lel!!L� ✓ vAu [mace • loan riu rota+P IRON NR sFr 642 Walnut Ave SE Concept Plan (revised) prepared by Bradley & Angela Yarbrough 7/21/2017 (plat completed on 9/15/16 by John McAden ) A� rd W/19/3C1E Z NtJ f; MC�pCN � l vn.O ++Y 0 2 F.K C11: �slE I ti: Lr" TFT 1.6R TS ncwa W4 l R].tl 4 . K MW M 1F 9Cii a( H' caws WYae1.1tIW �"T FM BRPO: YARBROUGH d ANGELA VARSR 'G4 Logangate Pedestal Home examples Pictometry Red square indicates approximate boundaries of property. Note white branches of sycamore make up significant part of the tree canopy. 0110512017 AY cryazmemxe.aweemr ois 0 Zoning Map Green marker is our property at 642 Walnut Avenue SE. R -12 zone begins across the street. View of Property Frontage Sycamore Setbacks on Neighboring Properties Planned setback of our home is 62' from the road, average for the immediate vicinity. Distance (in feet) from Road to Structure on Neighboring Properties 62.18 Average Walnut Ave - South side 63.64 70.65 53.21 65.68 55.74 Tax Map # 4041301 4041302 4041303 4041304 4041305 Walnut Ave- North side Tax Map # 37.41 4041124 39.13 4041125 42.65 4041126 43.23 4041127 41.32 4041129 44.49 4041130 40.52 4041131 Sylvan Rd - South side Tax Map # 65.52 4050301 131.1 4050302 107.69 4050303 92.91 4050304 Report of Limited Preliminary Subsurface Exploration Proposed Yarbrough Residence Walnut Avenue SE, Lots 2 through 6 Roanoke, Virginia F &R Project No. 62U0504 Prepared For: Angela and Bradley Yarbrough 121 Oak Ridge Court Blue Ridge, Virginia 24064 Prepared By: Froehling & Robertson, Inc. 1734 Seibel Drive, N.E. Roanoke, Virginia 24012 Phone: 540.344.7939 Fax: 540.344.3657 March 2016 9 EXECUTIVE SUMMARY This Executive Summary is provided as a brief overview of our preliminary geotechnical engineering evaluation for the project and is not intended to replace more detailed information contained elsewhere in this report. As an overview, this summary inherently omits details that could be very important to the proper application of the provided preliminary geotechnical design recommendations. This report should be read in its entirety prior to implementation into design and construction. • The preliminary subsurface exploration program consisted of three test borings (designated as B -1 through B -3). Site subsurface conditions generally consisted of surficial and fill soils, underlain by colluvial soils, and auger skewing materials. • We envision that a lightly loaded residential structure can be supported on footing foundations or augered piles utilizing an allowable design bearing pressure in the range of approximately 2,500 pounds per square foot (psf) bearing below the existing fill soils on approved subgrades. The actual appropriate design bearing pressure should be determined after finalization of the proposed structure location, loadings, and elevations. Spread footings and the base of auger piles should be a minimum of 3 feet wide to reduce the possibility of localized shear failures. Strip footings, if utilized, should be a minimum of 2 feet wide. • Preliminary design should consider that exterior footings should bear at least 4 feet below adjacent exterior finished grades to account for the existing slope of the site, to reduce the effect of surface water migration into potentially highly plastic soils at the foundation level, and to bear below the normal frost depth of 2 feet. Once final grading plans, as well as a definitive structure location /elevation and loads, are determined additional geotechnical evaluation will be needed to supplement the conclusions and data from this preliminary study. We note that a better understanding of new structural loads as well as existing site grades relative to planned finished floor elevation and location could impact our preliminary recommendations. Angela & Brodley Yarbrough iv Proposed Yarbrough Residence F &R Project No.: 62U0504 7March 10]7 f &R 4.0 PRELIMINARY DESIGN RECOMMENDATIONS 4.1 General Based on the findings of the .limited number of borings performed at the site, it is our preliminary opinion that the subject site is suitable for the proposed construction. This will require stripping the construction limits of any vegetation, roots, surface organic material, debris, etc. Depending on final location and structural loading conditions the soils below the foundation bearing levels may require improvement (i.e. compaction) to a depth of two feet or greater to keep settlements to tolerable levels. This should be formally investigated with a Final Subsurface Exploration program and final Geotechnical Investigation. The following evaluations and preliminary recommendations are based on our observations at the site, interpretation of the field and laboratory data obtained during this exploration, and our experience with similar subsurface conditions and projects. Soil penetration data have been used to estimate a preliminary allowable bearing pressure range using established correlations. Subsurface conditions in unexplored locations may vary from those encountered. When final structure types, loadings, building footprints, and elevations are determined, we must be advised so that we may reevaluate our preliminary recommendations. Determination of an appropriate foundation system for a given structure is dependent on the proposed structural loads, soil conditions, and construction constraints such as proximity to other structures, etc. The subsurface exploration aids the geotechnical engineer in determining the soil stratum appropriate for structural support. This determination includes considerations with regard to both allowable bearing capacity and compressibility of the soil strata. In addition, since the method of construction greatly affects the soils intended for structural support, consideration must be given to the implementation of suitable methods of site preparation, fill compaction, and other aspects of construction. Generally, the eastern approximately 1/3 of the site (existing soil "bench ") exhibits loose and soft soils to a depth of about 16.5 feet below the top of the pad. In our opinion this material is not considered suitable for support of foundations or slabs. This material should be excavated to suitable approved soils and recompacted to at least 95 percent of the Standard Proctor maximum dry density. This material generally appears to be suitable for reuse as structural fill, however this should be confirmed by full -time observation of the excavation and compaction activities. Generally, the western approximately 2/3 of the site (pre- existing building pad) exhibits loose to stiff soils to a depth of about 17 feet below the top of the pad. Charcoal material was noted in the top three feet. In our opinion this material Is not considered suitable for the support of foundations, and the top three feet is not suitable for slab support and should be removed and replaced with structural fill under the full -time observation of a representative of the geotechnical engineer. The material below three feet can be utilized in -place for concrete slab support. Angelo &Bradley Yarbrough 9 Proposed Yarbrough Resldence F &R projert No: 62U0SU 7Morch 2017 ZONING DISTRICT MAP 642 Walnut Avenue SE Official Tax Parcels: 4041134 ®Area to be Rezoned Zoning AD: Airport Dev - CG Commercial - General - CLS: Commercial-Large Site CN: Commercial- Neighborho ni _ D: Downtown - 1 -1: Light Industrial - 1 -2: Heavy Industrial - IN: Institutional INPUD: Institutional Planned Unit Dev - WILD: Industrial Planned Unit Dev — MX: Mbed Use Q MXPUD: Mixed Use Planned Unit Dev R -12: Res Single - Family R -3 Res Single -Family R -5: Res Single - Family R -T. Res Single-Family RA: Res - Agricultural RM -1: Res Mixed Density RM -2: Res Mixed Density RMF: Res Multifamily _ ROS: Recreation and Open Space - UF: Urban Flex r r Conditional Zoning a..r N 0 100 200 Feet w S � b �S i S.t�V A RD V0 O U C >S �10l J� O. J O Riverland- Walnut Neighborhood Association Kathy Hill, President 509 Arbor Ave SE, Roanoke VA 24014 -1205 Aug. 3, 2017 To: Katharine Gray, Land Use and Urban Design Planner, Roanoke City From Riverland- Walnut Neighborhood Association Subject: Rezoning request for 642 Walnut Ave. from Bradley and Angela Yarbrough This letter supports the rezoning request to change the zoning of 642 Walnut from R -5 to R -12. Bradley and Angela Yarbrough presented their plans at the July 10 meeting of the association and attendees voted unanimously to support the change. We are delighted to learn of the creative use the Yarbroughs have planned for this property, which is a conspicuous location for Mill Mountain and Roanoke's Greenway. We also appreciate that the new zoning will preserve the property from division into smaller lots. Should you have questions, please telephone Kathy Hill, association president, at 540- 427 -4328. This letter has been prepared by Sandra Kelly, association member and newsletter editor, at the direction of President Kathy Hill. Copies sent: Kathy Hill, sk5357 @cox.net Bradley and Angela Yarbrough, yarbrough@comcast.net KH /sbk Adjoining Property Owner Letters for 642 Walnut Avenue, S.E. (Official Tax Map No. 4041134) TAXID MailAddress MailCity State MailZip LocalAddress LocalCity Zip Ownerl 4041112 76 MIRACLE LN BLUE RIDGE VA 24064 701 RIVERLAND RD SE ROANOKE 24014 MOUNTAIN VIEW HOLDINGS LLC 4041113 76 MIRACLE LN BLUE RIDGE VA 24064 709 RIVERLAND RD SE ROANOKE 24014 MOUNTAIN VIEW HOLDINGS LLC 4041115 396 LOOPE LN BUCHANAN VA 24066 715 RIVERLAND RD SE ROANOKE 24000 WYRICK ALAN L and SANDRA H 4041132 632 WALNUT AVE SE ROANOKE VA 24014 638 WALNUT AVE SE ROANOKE LAWSON RAYMOND JR 4041134 121 OAK RIDGE CT BLUE RIDGE VA 24064 642 WALNUT AVE SE ROANOKE YARBROUGH BRADLEY and ANGELA 4041136 215 CHURCH AVE SW ROANOKE VA 24014 0 WALNUT AV SE ROANOKE CITY OF ROANOKE 4041305 627 WALNUT AVE SE ROANOKE VA 24014 627 WALNUT AVE SE ROANOKE 24014 HOWARD WILLIAM H & DORIE M 4050301 PO BOX 650043 DALLAS TX 75265 1202 SYLVAN RD SE IROANOKE 124014 1 FEDERAL NATIONAL MORTGAGE CITY OF ROANOKE - POV Ann Donna Payne 215 CHURCH AVE ROOM 166 ROANOKE, VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication RECEIVED AUG 1 1 2017 Account Number 6611439 Date Augffil 2017 CITY OF ROANOKE PLANNING BUILDING Is DEVELOPMENT Data Category Description Ad Site Total Cost 0&14/2017 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 71 L 717.52 Publisher of the PUBLIC HEARING NOTICE Roanoke Times teen. advenrtlsal heren w1111 be held m the City Council chamber, fourth t Noel NBuildinng, N215 C Taylor Monl[iosi ciii umn S.w.. noke. I, (the undersigned) an authorized representative of the _11an r° ° °:e. °w °1. they vlar° labs`, Roanoke Times, a daily newspaper published In Roanoke, in the 9undsoma S oevalop,nem ofeeei that Be.— ...e State of Virginia, do certify thatthe annexed notice PUBLIC Itssiromatichumh S.W. HEARING NOTICE An was published in said newspapers on the The city .f Roanoke Plennmy o° It la nouns. °e: following dates: Augu ie 2017. - .mi. o. them may be heard. to matters ider these cons. Application from R.y Main to vacate ar alley between the 1900 black of 08101. 0WOW2017 n Patter and Chap tam lon 100 fast In iarly eloselloo from me tine". weraactlon with auto Street. S­. the entire southern border at Ole cIII Tax Map N and the entire n bonds, of Official Tax Map ntaby The First insertion being given ... 08ro1/2017 odllcati Bradley and Angela rezone aAph the party locetee at 6U aver— dealer. ofnclal Tax Map N 441134. Newspa er reference: 0000580901 from a -s. RIvur ial single - Family mstrim. t Rat. Reedennal Single' rarely Wati The land uae Off ..... m R-12 mawse residential: o daions and group living: e co rci al: us mry es and e Of ructurc rat an I with a one`dwellling density of unit car 12 aoa °Plan °t The Billing Rep esentative nmprehedlve de;;eatea he r far single family residential use, hot does not meciy density. marine Acnnd secretary, City °,om Sworn to and subscribed before me this Tuesday, August 8, 2017 ...I.. C fen City Council win hold public hearings on me reaaw appli —d—s v 21...O. at T:oo pm.. or as anon as the matter, may be heard. y XL ,urfff An disability requiring special accommodation to attend o: rparticial m the heaths should / Notary P lie contact the City Clerks elate at (sale �aPtpACEN/.;�.i . ••••, /,/ xis t Say, live days Prior m the 1 dlosa:m.a. State of Virginia j =P. ..� PUBLIC M. Moon Reynolds. MMC , City/County of Roanoke aty Clerk nEG. $332984: 1se.sov My Commission expires – *: COMMISSION dry ant FXPIR[$fn /S. THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU A 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 August 14, 2017, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application from Roy Main to vacate an alley between the 1900 block of Patterson Avenue, S.W., and Chapman Ave, S.W., extending 100 feet in an easterly direction from the alley's intersection with 20th Street, S.W., along the entire southern border of Official Tax Map No. 1313501 and the entire northern border of Official Tax Map No. 1313510. Application by Bradley and Angela Yarbrough to rezone the property located at 642 Walnut Avenue, S.E., bearing Official Tax Map No. 4041134, from R -5, Residential Single - Family District, to R -12, Residential Single - Family District. The land use categories permitted in R -12 include residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory, with a maximum density of one dwelling unit per 12,000 square feet of lot area. The comprehensive plan designates the property for single family residential use, but does not specify density. Donna M. Payne, Acting Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on August 21, 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 Please publish in newspaper on Tuesday, August 1, 2017 and Tuesday, August 8, 2017. Please bill and send affidavit of publication to: Donna M. Payne Acting Secretary to the Planning Commission Administrative Assistant Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1330 donna.payne @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 Bradley N. and Angela Yarbrough 121 Oak Ridge Court Blue Ridge, Virginia 24064 Dear Mr. and Mrs. Yarbrough: A public hearing has been advertised to be heard by the City Planning Commission on Monday, August 14, 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 rezone the property located at 642 Walnut Avenue, S.E., bearing Official Tax Map No. 4041134, from R -5, Residential Single - Family District, to R -12, Residential Single - Family District. (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, August 21, 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 August 14. 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, Am�6 Stephanie M. Moon Reynolds, C City Clerk Enclosure C Q " CITY OF ROANOKE OFFICE OF THE CITY CLERK _ 215 Church Avenue, F. W., Room 4.56 Roanoke, Virginia 24011 -1536 Tulry,l : (540)A53 -2541 11— (5411)953 -1145 STEPHANIE M. MOON REYNOLDS, MM(' L -moll: clerk0a4'ofl:mkcva ' pnv ('ECELIA F. MCCOY Cir, ('Ierk Deputy City Clerk August 9 C E(' ELIA T. WEBB, CIVIC Assistant Deputy City Clerk Bradley N. and Angela Yarbrough 121 Oak Ridge Court Blue Ridge, Virginia 24064 Dear Mr. and Mrs. Yarbrough: A public hearing has been advertised to be heard by the City Planning Commission on Monday, August 14, 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 rezone the property located at 642 Walnut Avenue, S.E., bearing Official Tax Map No. 4041134, from R -5, Residential Single - Family District, to R -12, Residential Single - Family District. (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, August 21, 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 August 14. 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, Am�6 Stephanie M. Moon Reynolds, C City Clerk Enclosure S I UPI IANIE M. MOON REYNOLDS, MMC Oti Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Menne, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fn.a: (540)853 -1145 E -mnik clerktirioaonkeva.gov Mountain View Holdings, LLC Alan L. Wyrick Raymond J. Lawson, Jr. Ladies and Gentlemen: August 8, 2017 CECELIA E, MCCOY Depnty City Clerk CECELIA T. W EBB, CMC Assistma Deputy City Clerk William H. and Done M. Howard Federal National Mortgage A public hearing has been advertised to be heard by the City Planning Commission on Monday, August 14, 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 Bradley N. and Angela Yarbrough to rezone the property located at 642 Walnut Avenue, S.E., bearing Official Tax Map No. 4041134, from R -5, Residential Single - Family District, to R -12, Residential Single - Family District. (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, August 21, 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 August 14. 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, ` *Yjhanie M. �m Step Moon Rey ds, City Clerk Enclosure Zoning Amendment Application 1.00 Department of Planning Building and Development RECEIVED ROA N O K E Room 166, Noel C. Taylor Municpal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax: (540) 853 -1230 Date: 16/26/2017 ❑x Rezoning, Not Otherwise Listed JUN 26 2017 Ctidr Flare b PIM CITY OF ROANOKE PLANNING BUILDING 8 Submittal Number: Frig .ell ppll<ation ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay Distinct ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Und Development Plan ❑ Amendment of Comprehensive Sign Overlay DI9M Address: 641 Walnut Ave SE OtBdal Tax Nola).: 14041134 P)dstng Base Zoning: ❑ Wdh Conditions R -5, Residential (If multiple zones, please manual/ enter all districts.) x❑ WNhaul Canditiona Ordinance No(s). for Etdsting Conditions (if applicable): E] Requeeted Zoning: R -12, Residential Single -Faro With Conditions Proposed residential Z Without Conditions Land Use: Name Bradley and Angela Yarbrough Phone Number. 54o8tfi053o Address: 1121 Oak Ridge CT Blue Ridge, VA Name: E- Mall: lbookbiker.yarbro ugh ®gmalLcom Phone Number. Address: I E-Mal: Applicants Signature: Name Phone Number: Address: E -Mai: Authorized Agent's SignaWre: Zoning Amendment IF Application Checklist M'OW n,araeraingmuetbaeuhgi . iprallgpplkegona_ ROANOKE IR Compk ad appicetion form and checklist. ISc Written narrative explaining the reason for the request ❑ Metes and bounds description, I applicable. OZ Fling fee. iFararemnhlpndadmilawlhtad�thefellownp y�eba baubrttiUedj ❑ Concept plan meeting the Application Requirements of Rem '2(c)' in Zoning Amendment Procedures. �Fo_ra cool donN =alny;l_hefolowingmue ❑ Written proffers. See the Citys Guide to Proffered Conditions. Concept plan meeting the Application Requirements of ffem'2(c)' In Zoning Amendment Procedures. Please label as r development plan 'T proffered.^ Far a pMmMd unft tltetdlaslr ptmudaboe,sutdmel _�:n _. r Development plan meeting the requirements of Section 362-M of the City's Zoning Ordinance. �FaR F Comprehensive signage plan meeting the requirements of Section 362- 336(d)(2) of are City's Zoning Ordnance. Amended development or concept plan meeting the Application Requirements of item'2(c)' m Zoning Amendment Procedures, r ff applicable. F- Written proffers to be amended, See the Citys Guide to Proffered Conditions. F Copy of previously adopted Ordinance. For apNnmdunlj— dsvebpoentaiia m M tinfdWrdnp,muat�bobeeubmll[edJ r Amended development plan meeting the requirements of Section 362326 of the Ct's Zoning Ordinance. r Copy of previously adopted Ordinance. For aeymPnhenaNeaipnavartnXe�oandllf .fflf aboieeaultinnted' ❑ Amended comprehensive signage plan meeting the requirements of Section 362336(d) of the Clys Zoning Ordinance. r Copy of previously adopted Ordinance. Faaprapomltl requgas4fiallla6npaetsWdybeaubMGedioB eCllyrpieiiallovpnpmuakafeg+kasu ❑ A Traffic Impact Study in cemplance with Appendix &2(e) of the Citys Zoning Ordinance. ❑ Cover sheet. I— Traffic impact analysis. ❑ Concept plan. r Proffered conditions, if applicable. ❑ Required fee. *An electronic copy of this application and checklist can be found at www,mnokava.gov /pbd by selecting'Plannirg Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. We are requesting that the city rezone am lot at 642 Walnut Ave SE from R -5 to R -12, slightly enlarging the R -12 zone that starts across the street from the property. We intend to build a home as our residence on the lot. The R -12 zone in Riverland/Walnut Hill neighborhood serves as a nice transition between heavily forested Mill Mountain Pink and downtown Roanoke. In particular, the change from Fishbum Parkway to Walnut Avenue, which occurs right in front of our lot, offers Blue Ridge Parkway travelers visiting Roanoke a gentle introduction to the city, with the forested parkway gradually opening up to an attractive urban residential streetscape with a view into downtown. Large, mature trees grace Walnut Avenue, especially this upper section. As travelers proceed toward Roanoke, they are greeted by an oak in the yard of our neighbors across the way, a beautiful twin -trunk sycamore on our lot, and a stand of pines and a large cedar on either side of Walnutjust past Sylvan Rd. Our vision in developing our lot is to build a home we love while preserving the natural environmental beauty of this part of the Walnut Avenue Gateway, including keeping as much of the tree canopy w possible. This supports the vision put forward in the Riverland/Walnut Hill neighborhood plan of preserving and enhancing this important gateway to the city. We purchased and combined two lots to create our property, and at 15,000 sq ft with 100' of road frontage, it now exceeds the area and frontage requirements for R -12, and has more in common with the lots in the adjacent R -12 zone (including the lot across the street) than it does with the nearby R -5 lots down the street. "Dovmzoning" our lot to R -12, with lower permitted density, ensures that the lot cannot be redivided into two smaller lots. This forwards the city's goal, as described in the comprehensive plan, of fostering lower-density traditional neighborhoods on the edges of the downtown area: "In the 1970s, many of Roanake's traditional neighborhoods were rezoned to allow higher - density residential use. Recent planning efforts have sought to reverse this trend by reducing the permitted density in many neighborhoods while focusing higher - density development around neighborhood commercial nodes. " There will he no negative effect of this rezoning on the surrounding neighborhood, such as increased traffic or parking. Indeed, by ensuring that only one single family residential structure is permitted here instead of two, potential traffic is slightly decreased. The property itself presents some unusual obstacles compared to most Roanoke City residential properties. After we purchased the property, a geotechnical study revealed that the soil on the front third of the lot is non structural fill (likely placed 30 plus years ago), and that high- impact measures would be required in order to locate a home there (as would be required by R -5 setback mles), including removing and replacing the 17' deep fill dirt and/or using unconventional foundation construction methods such as augered piers or similar. The first would result in the death of most of the trees at the front of the property, including the sycamore. While the second would not mean certain death for the trees, we have been advised by an wborist that any construction within the root protection zone of the sycamore would endanger it, and we would not be advised to locate our residence under the limbs of such a potentially compromised tree. Our primary motivation for requesting this rezoning is to enable us to set our home further back from the property line than allowed in R -5. Fortunately, this will not result in a setback from the road that would be inconsistent with surrounding homes, and so it is in harmony with the neighborhood plan. The average setback of the homes near our property (looking at all of the homes on Walnut Ave uphill of Ivy St, and on Sylvan Rd east of Camilla St.) is 62' from the road. Our plan is to build 58' back from our property line, or 62' from the road. The comprehensive plan notes that "maintaining and increasing the City's tree canopy will have a beneficial impact on air quality, storm water control, noise levels, temperature, and visual appearance." The neighborhood plan also recognizes the value of the mature trees along Walnut Avenue, and suggests adding "street trees where feasible," noting that narrow landscaping strips may not allow the planting of Large species. There are 2 notable mature trees on our property: a poplar tree at the very back of the lot, and the sycamore at the front. The sycamore's branches reach almost from one edge of the property to the other, and make up a significant portion of the property's tree canopy. Rezoning our lot to allow us to preserve as much of the tree canopy 0 possible while building our home has benefits for us, our neighbors, and Roanoke. The thoughtful, forward - looking planning of Roanoke City officials is evident in "Vision 2001- 2020" and in the Riverland/Wahmt Hill neighborhood plan. We believe our rezoning request is consistent with the goals and ideas expressed therein. We are excited to be building our home in this city, and look forward to being a part of its future. - — .actor xa G �,4_.wCry v Y -- wflTau � JCYY R YOCp rr �ro t R�wr� Y� 4 b sro tmd La d V. -.... ,. nl 8 9 urab�:: LerSra nj - a i i t _ { i i w�aP Concept Plan ZO' AUEY Y..ra 1 rennet x ,Dst- :email �A -a3'y hulling height: floor area: / -Mh sgfl -36' tou email 10 w a ' WAUR11 NYLIAf VAMU h� SnRl: '•� Yl syCaiiMre RVI flN iOlMp Pn1 FH! $f- 642 WalnutAse SE Concept Plan prepared by Bradley and Angela Yarbrough 6 14/17 (plat completed on 9 15 16 by John McAdoo) =I i�MFEB< <fa1NY t+ce 14B RAr s M1CY a orawrt ean sumr eo rs me¢r ro m evs a Yr �mmwmrc �nln wv WeflWee 3 sur flR gRaglEY YM6ROL4rl ! axgt>A Y4l8NOtgal WC M -M1— h&M m, !tiV n a V an/�s/ams g'= hex � JCYY R YOCp rr �ro t R�wr� Y� 4 b sro tmd La =I i�MFEB< <fa1NY t+ce 14B RAr s M1CY a orawrt ean sumr eo rs me¢r ro m evs a Yr �mmwmrc �nln wv WeflWee 3 sur flR gRaglEY YM6ROL4rl ! axgt>A Y4l8NOtgal WC M -M1— h&M m, I A IV cy arrs.woRr • R..I E.mr ors � am M&I Green marker is our property at 642 Walnut Avenue SE. R -12 zone begins across the street. Zoning Map k y { Y �� !�•4 � �J �a '^ tr y� .^s. RJR• C� V 1 NPPOW • 41 � t F 2: � + 2� > � �/ �.�, � § \��_\ �t a. `� % \�b�,<\� \ 2.% }% � § wd � - /� © 2� /�` \ \?�� < <1l~ p ..� . � \,\ \� `�' � � : g ..� >,w,z :=�� . °� � � : \� <© < » 7» 2 \ \�\� \� :� � , :� /\ /���� /���j�� � ƒ� �� � 2 \: « :. < +, .� �� \� * ..� . \ : *�¥: . < :� § g,� �r�. �.... �\ © .�� »: � ���d2������ \ \� / "� §?.< .� . . ©«\ m�±� \� R m %\y�d2 °? 3 y a�� vw � «�.: ». .2. 33� m «� ° « ^«© �«s » «.2, :% <� /��� � \� § .\ . � : a�»z� z.� °� �� :� © : ° .z«� yy y \, �� . \ ©^ ^ �� . : d / \�..� 4 w> � ©y w: \> � .� ` � \�° . w . �:< ©� <��w ��� ear X22\ Setbacks on Neighboring Properties Planned setback of our home is 62' from the road, average for the immediate vicinity. Distance (in feet) from Road to Structure on Neighboring Properties 62.18 Average Walnut Ave- South side Tax Map# 63.64 4041301 70.65 4041302 53.21 4041303 65.68 4041304 55.74 4041305 Walnut Ave -North side Tax Map# 37.41 4041124 39.13 4041125 42.65 4041126 43.23 4041127 41.32 4041129 44.49 4041130 40.52 4041131 Sylvan Rd - South side Tax Map# 65.52 4050301 131.1 4050302 107.69 4050303 92.91 4050304 Report of Limited Preliminary Subsurface Exploration Proposed Yarbrough Residence Walnut Avenue SE, Lots 2 through 6 Roanoke, Virginia F &R Project No. 62U0504 Prepared For: Angela and Bradley Yarbrough 121 Oak Ridge Court Blue Ridge, Virginia 24064 Prepared By: Froehling & Robertson, Inc. 1734 Seibel Drive, N.E. Roanoke, Virginia 24012 Phone: 540.344.7939 Fax: 540.344.3657 March 2016 This Executive Summary is provided as a brief overview of our preliminary geotechnical engineering evaluation for the project and is not intended to replace more detailed information contained elsewhere in this report. As an overview, this summary inherently omits details that could be very important to the proper application of the provided preliminary geotechnical design recommendations. This report should be read in its entirety prior to implementation into design and construction. • The preliminary subsurface exploration program consisted of three test borings (designated as B -t through B-3). Site subsurface conditions generally consisted of surficial and fill soils, underlain by colluvial soils, and auger skewing materials. • We envision that a lightly loaded residential structure can be supported on footing foundations or augered piles utilizing an allowable design bearing pressure in the range of approximately 2,500 pounds per square foot (psf) bearing below the existing fill soils on approved subgrades. The actual appropriate design bearing pressure should be determined after finalization of the proposed structure location, loadings, and elevations. Spread footings and the base of auger piles should be a minimum of 3 feet wide to reduce the possibility of localized shear failures. Strip footings, if utilized, should be a minimum of 2 feet wide. • Preliminary design should consider that exterior footings should bear at least 4 feet below adjacent exterior finished grades to account for the existing slope of the site, to reduce the effect of surface water migration into potentially highly plastic soils at the foundation level, and to bear below the normal frost depth of 2 feet. Once final grading plans, as well as a definitive structure location /elevation and loads, are determined additional geotechnical evaluation will be needed to supplement the conclusions and data from this preliminary study. We note that a better understanding of new structural loads as well as existing site grades relative to planned finished floor elevation and location could impact our preliminary recommendations. MCela &amdbY YPWmWh i, Proposed YarbMWh Residence FAIR PmLa IM.: 000504 7Mamh 2017 f& F 4.0 PRELIMINARY DESIGN RECOMMENDATIONS 4.3 General Based on the findings of the limited number of borings performed at the site, it Is our preliminary opinion that the subject site is suitable for the proposed construction. This will require stripping the construction limits of any vegetation, roots, surface organic material, debris, etc. Depending on final location and structural loading conditions the soils below the foundation bearing levels may require improvement (i.e. compaction) to a depth of two feet or greater to keep settlements to tolerable levels. This should be formally Investigated with a Final Subsurface Exploration program and final Geotechnical Investigation. The following evaluations and preliminary recommendations are based on our observations at the site, Interpretation of the field and laboratory data obtained during this exploration, and our experience with similar subsurface conditions and projects. Soil penetration data have been used to estimate a preliminary allowable bearing pressure range using established correlations. Subsurface conditions in unexplored locations may vary from those encountered. When final structure types, loadings, building footprints, and elevations are determined, we must be advised sothat we may reevaluate our preliminary recommendations. Determination of an appropriate foundation system for a given structure is dependent on the proposed structural loads, soil conditions, and construction constraints such as proximity to other structures, etc. The subsurface exploration aids the geotechnicel engineer in determining the soil stratum appropriate for structural support. This determination Includes considerations with regard to both allowable bearing capacity and compressibility of the soil strata. In addition, since the method of construction greatly affects the soils intended for structural support, consideration must be given to the Implementation of suitable methods of site preparation, fill compaction, and other aspects of construction. Generally, the eastern approximately 113 of the site (existing soil "bench ") exhibits loose and soft soils to a depth of about 16.5 feet below the top of the pad. In our opinion this material is not considered suitable for support of foundations or slabs. This material should be excavated to suitable approved soils and recompacted to at least 95 percent of the Standard Proctor maximum dry density. This material generally appears to be suitable for reuse as structural fill, however this should be confirmed by full -time observation of the excavation and compaction activities. Generally, the western approximately 2/3 of the site (pre - existing building pad) exhibits loose to stiff soils to a depth of about 17 feet below the top of the pad. Charcoal material was noted in the top three feet. In our opinion this material is not considered suitable for the support of foundations, and the top three feet is not suitable for slab support and should be removed and replaced with structural fill under the full -time observation of a representative of the geotechnical engineer. The material below three feet can be utilized in -place for concrete slab support. Mgelo& BmdLy Yarbrough B PWp d YObmugh xesidenm FAR PmjM Na: 62UOS00 7MOMh W17 ZONING DISTRICT MAP 642 Walnut Avenue SE Official Tax Parcels: 4041134 tio� og A�,� ,ti° _ A oo < o RIDS z. andOpenSpace u, ®Area to be Rezoned 0.� �Ati ��� _ �✓� �e ���' } Zoning A� Y AD Airport Day AAO � - � 0 *4 DO Commercial- Generel CLS. Commercial -Large Site ON Commercial-Neighborhood D_Downtown 1- Light Industrial F 1 = 1 -2. Heavy Industrial A'` .x p'*n ,.61, h IN institutional - � INPUD_ Institutional Planned Unit Day cOV A�� Of '9L P � - w - P IPUD- Industrial Planned Unit Dev ,;,^ � „yT � S jG MX: Mixed Use O MXPUD: Mixed Use Planned Unit Day R -12: Res Single - Family R -3'. Res Single- Family R -5'. Res Single - Family R4: Res Single- Family RA'. Res - Agricultural Poll Res Mixed Density RM -2. Res Mixed Density RMF: Res Multifamily ROS Recreation and Open Space - UP Urban Flex Conditional Zoning N 0 100 200 Feet S s� IN TI IF COUNCIL OF THE CPIY OF ROANOKE', VIRGMIA The 21st day of August, 2017. No. 40940 - 082117. AN ORDINANCE. authorizing the acquisition of certain real property interests on, over, under, and across certain parcels of privately owned real property, in connection with Phase 11 of the Roanoke River "Bridge the Gap" Greenway Project ( "Project'); authorizing the acquisition of such privately owned real property interests by negotiation; authorizing the use of eminent domain proceedings by the City of Roanoke ( "City ") to acquire such privately owned real property interests, including temporary easements, permanent easements, and up to and including the fee simple interests, if negotiations are ineffectual, with respect to certain parcels of real property, pursuant to Section 15.2 -1901 and Sections 25.1 -200, et seq., Code of Virginia (1950) as amended, Section 2(8) of the City of Roanoke Charter, and other applicable laws; authorizing the City, in its discretion, to make a motion for the award of a right of entry on the property described herein for the purpose of commencing the Project; and dispensing with the second reading of this ordinance by title. WHEREAS, by Ordinance No. 40143 - 010515, adopted January 5, 2015, City Council authorized the City to acquire by negotiation from private real property owners, certain real property rights, such rights to include necessary real property interests and appropriate ancillary rights, and such other real property interests as needed by the City in connection with the Project; WHEREAS, the purpose of the Project is to construct, operate, maintain, repair, and replace a public, mixed use, pedestrian and bicycle trail in connection with the Project; WHEREAS, the City has successfully negotiated the acquisition of the necessary easements and other property interests from most at' the affected real property owners in connection with the Project; WHERFAS, the City has been unsuccessful in negotiating agreements to acquire the necessary property interests from the following owner of certain parcels of real property, situated in the City of Roanoke, Virginia: Property Owner Address and Real Property Interests Required _ Official Tax MaD No. Walker Machine and Foundry 0 Railroad Avenue, SW certain property interests Corporation TM No. 1410204 including temporary easements, permanent easements, and up to and including the fee simple interest Walker Machine and Foundry 0 Railroad Avenue, SW certain property interests Corporation TM No. 1410205 including temporary easements, permanent easements, and up to and including the fee simple interest Walker Machine and Foundry 0 Roanoke Avenue, SW fee simple interest Corporation TM No. 1510301 _ These properties, and the real property interests required by the City, are more particularly identified and described in the City Council Agenda Report dated August 21, 2017 (`Report'), acrd the plats attached to the Report; WHEREAS, the City entered into bona fide, good faith negotiations with Walker Machine and Foundry Corporation and offered the sum of $64,500 for the fee simple interests in two parcels known as Official Tax Map No. 1410204, known as 0 Railroad Avenue, S.W., Roanoke, Virginia, and Official Tax Map No. 1410205, known as 0 Railroad Avenue, S.W., 2 O- Aulhoriry condemnation pr000,dings -W ulker Foundry (8- 21 -17) Roanoke, Virginia, based on an appraisal dated May 11, 2015, prepared by Miller, Long, and Associates. Inc., an independent third party appraiser, and the City's efforts to acquire such fce simple interests from Walker Machine and Foundry Corporation were ineffectual, all as more specifically set forth in the Report; WHEREAS, the City entered into bona fide, good faith negotiations with Walker Machine and Foundry Corporation and offered the sum of $15,000 for the fee simple interest for Official Tax Map No. 1510301, known as 0 Roanoke Avenue, S.W., Roanoke, Virginia, based on an appraisal dated May 11, 2015, prepared by Miller, Long, and Associates, Inc., an independent third party appraiser, and the City's efforts to acquire such fee simple interest from Walker Machine and Foundry Corporation were ineffectual, all as more specifically set forth in the Report; WHEREAS, the Project is critically important for the City's infrastructure, and it is essential that the City acquire all real property interests required for the Project before the City can complete the Project; WHEREAS, the Project is in the public interest and, pursuant to Section 2 (8) of the City of Roanoke Charter and other applicable laws, the City is specifically authorized to acquire interests in real property by eminent domain as set forth in Chapter 19, Section 15.2 -1901 et seq., Code of Virginia (1950) as amended, and other applicable laws; WHEREAS, a public hearing for August 21, 2017, has been duly advertised for City Council to consider this matter in accordance with the requirements of Section 15.2 -1903, Code of Virginia (1950) as amended, and other applicable laws; and WHEREAS, City Council held the public hearing on August 21, 2017, to determine the necessity for the use of eminent domain proceedings by the City for the acquisition of certain 3 O- Authorize condemnation pence dirge - Walker Fomtdry (8 -21 17) property interests including temporary easements, permanent easements, and up to and including the fee simple interests, in certain privately owned real property designated as Official Tax Map Nos. 1410204, 1410205, and 1510301, owned by Walker Machine and Foundry Corporation, and whether the acquisition of such real property interests was for a public use, in accordance with Section 15.2 -1901 and Sections 25.1 -200 et seq., Code of Virginia (1950), as amended, and other applicable laws, at which public hearing all persons and interested parties were provided an opportunity to express their position on this matter. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: I. Council finds and determines that the Project constitutes a public use within the meaning of Section 1- 219.1, Code of Virginia (1950) as amended, and other applicable laws, as the purpose of the Project is to construct, operate, maintain, repair, and replace a public, mixed use, pedestrian and bicycle frail in connection with the Project, and that such improvements are in the public interest of the citizens of the City in that the Project involves the acquisition of certain real property interests, as set forth in Section 15.2 -1901, Code of Virginia (1950), as amended, and other applicable laws. 1 Council finds and determines the City requires acquisition of certain privately owned real property interests, as more specifically set forth in the Report and the plats attached to the Report, and Council authorizes the proper City officials to acquire for the City the following property interests from the following property owner (all as more specifically described in the Report and attached plats) by continued negotiations: 4 0 Amhorize condoDIWion pr000 dings- Walkcr Foundry (8- 21 -19) Proucrty Owner Address and 12ex1 Property Interests Walker Machine and Founc Corporation Walker Machine and Founc Corporation 0 Railroad Avenue, SW TM No. 1410204 0 Railroad Avenu TM No. 1410205 certain property interests including temporary casements, permanent casements, and up to and including the fee simple interest certain property ituerests including temporary easements, permanent easements, and up to and including the fee simple interest Walker Machine and Foundry 0 Roanoke Avenue, SW tee simple interest Corpora I TM No. 1510301 The City Manager is authorized to pay the owner of such real property interests, the just compensation appropriate for such real property interests to be based on an independent third party appraisal to be obtained by the City. 3. Upon acceptance of the City's offer, and delivery by such owners of such real property interests to the City needed for the Project, approved as to form by the City Attorney, the Director of Finance is directed to pay the agreed upon just compensation to the owners of the property for such property interests conveyed to the City, certified by the City Attomey to be entitled to the same. 4. Council hereby finds that a public necessity and public purpose exists for the use of eminent domain proceedings to acquire the real property interests stated in this Ordinance and the Report and the plats attached to the Report, and Council declares its intent to exercise its eminent domain powers to acquire the property interests described in this Ordinance and the Report, and the plats attached thereto, and, if in the event that continued negotiations with the 5 0- AUthanze wndemnetion prooadings -Walk¢ Foundry (8-21-1 7) owner of such real property interests remain ineffectual, the City Attorney is authorized and directed to institute condemnation and /or other legal proceedings, in accordance with the provisions of Section 25.1 -200 of the Code of Virginia (1950) as amended, and other applicable laws, to acquire such real property interests. 5. 'file property interests acquired by the City pursuant to this Ordinance shall be used for the purpose of constructing, operating, maintaining, repairing, and replacing a public, mixed use, pedestrian and bicycle trail in connection with the Project. 6. In seeking or conducting any eminent domain proceedings, the City Attorney is authorized, in his discretion, to make a motion on behalf of the City for entry of an order, pursuant to Section 25.1 -224, Code of Virginia (1950) as amended, and other applicable laws, granting to the City the right to enter upon the property designated as Official Tax Map Nos. 1410204, 1410205, and 1510301, for the purpose of commencing the Project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into court the just compensation determined by the City to be entitled to the owner of such real property interests. 7. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: .� City Clerk. 6 O- Authorize condemnation procaedmga- Walker Foundry (8 21-17) eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 2017 Subject: Request to Authorize Acquisition of Real Property Interests by Eminent Domain for the Roanoke River Greenway "Bridge the Gap" Project Background The Roanoke River Greenway ( "Greenway ") is an approximately thirty mile mixed use public pedestrian and recreational trail that extends throughout Roanoke City and other localities that comprise the Roanoke Valley region. The main portion of the Greenway was completed in 2005, although additions to the Greenway have been made several times over subsequent years. Residents of the City and the Roanoke Valley use the Greenway for a variety of public recreational purposes, including, and not limited to, walking, biking, dog walking, and running. Roanoke City staff estimates that thousands of persons use the Greenway each year. In 2015, the City of Roanoke began development of the 'Bridge the Gap" Project ( "Project ") in connection with the Greenway. The purpose of the Project is to complete and close an approximately 1.8 mile gap that exists in a portion of the Greenway located in the City between Bridge Street and Aerial Way Drive. Pursuant to Ordinance No. 40143-010515, adopted by City Council on January 5, 2015, City Council authorized City staff to acquire the necessary property interests needed for the Project from private property owners at fair market value, using bona fide, and good faith efforts at negotiation. These property interests consisted of permanent easements and other real property interests needed by the City across various parcels, including certain parcels designated as Roanoke Official Tax Map Nos. 1510301, 1410204, and 1410205 (collectively the "Parcels ") owned by Walker Machine and Foundry Corporation ( "Walker Foundry "). The City has acquired all necessary property rights to complete the Project except for rights across the Parcels. The City faces deadlines with respect to availability of federal and /or state funding to complete the Project. Tax Map Parcels 1410204 and 1410205 are located adjacent to the Norfolk Southern Railway Company ( "NS') Beltline to the south, and frontage is available on Bridge Street for Parcel 1410205. Tax Map Parcel 1510301 is a landlocked parcel of undeveloped land adjacent to the Roanoke River and across the river from the NS materials yard. The City designed the Greenway across portions of Tax Map Parcels 1410204 and 1410205 to run close to the Roanoke River. The design includes appropriate walls and structures to permanently screen the Greenway from the Walker Foundry operations as the Greenway traverses Tax Map Parcels 1410204 and 1410205. Tax Map Parcel 1510301 is critical to completion of the Greenway because it provides for the river crossing to the NS materials yard section of the Greenway. The City offered Walker Foundry $79,500 as just compensation to purchase, in fee, Tax Map Parcels 1410204, 1410205, and 1510301. This purchase amount was based upon an independent third party appraisal obtained by the City. Walker Foundry rejected that proposal and argued that Walker Foundry believed the proposed Greenway use was incompatible with its foundry operations despite the measures to be taken by the City to screen the Greenway. Walker Foundry further asserted that the City should relocate the foundry operations at the City's expense. Walker Foundry continues to make this assertion even though other property owners, including Associated Asphalt and Norfolk Southern Railway Company, have granted necessary property rights for the Project and these property owners actively use these properties for their respective business operations. The City continues to pursue alternatives for completion of portions of the Project. Recently, the City and NS entered into an agreement under which the City will acquire a portion of the NS Beltline that runs adjacent to Tax Map Parcels 1410204 and 1410205, and other parcels, including Tax Map Parcel 1420202, property of Walker Foundry on which the Walker Foundry operates its foundry business. In proceedings before the federal Surface Transportation Board earlier this year, Walker Foundry objected to NS's request to abandon rail service on this portion of the Beltline and argued that NS only possessed an easement and, upon abandonment of rail service, Walker Foundry would own this portion of the Beltline. NS acquired this portion of the Beltline by warranty deed in 1891 and the City maintains that Walker Foundry's position is without merit. However, any continuing dispute on this issue will delay completion of the Project and jeopardize federal and state funding sources. In addition, acquisition of this portion of the Beltline does not include property rights needed to cross the Roanoke River and the City will still need to acquire rights in Tax Map Parcel 1 51 0301 . Considerations: While City staff acquired the necessary real property interests from the private property owners for the majority of the Project, City staff was unable to acquire the necessary interests needed for the Project from Walker Foundry, despite making several reasonable, bona fide efforts to acquire the property interests at reasonable and just compensation. The real property interests needed by the City from Walker Foundry to complete the Project are described as follows: Property Owner Address and Real Property Interests Official Tax Map No. Required Walker Machine and 0 Railroad Avenue, SW certain property interests Foundry Corporation TM No. 1410204 including temporary easements, permanent easements, and up to and including the fee simple interest Walker Machine and 0 Railroad Avenue, SW certain property interests Foundry Corporation TM No. 1410205 including temporary easements, permanent easements, and up to and including the fee simple interest Walker Machine and 0 Roanoke Avenue, SW fee simple interest Found Cor oration TM No. 1510301 In order to commence and complete the Project, it is necessary for the City to acquire the property interests described above. Due to the difficulty encountered by City staff in obtaining such property interests from Walker Foundry, City staff requests City Council to authorize the use of eminent domain proceedings to acquire such property interests. A finding by City Council that the Project constitutes a public use, and a public hearing, are both required under state law before the use of eminent domain may be authorized. If City Council authorizes the City to exercise the use of eminent domain to acquire such rights, City staff will first make another bona fide, good faith attempt to further negotiate the acquisition of such interests with the above property owners, before initiating any eminent domain proceedings. Recommended Action: City Council adopts the ordinance attached to this Report to make and authorize the following actions in order for the property interests identified above to be acquired from Walker Machine and Foundry Corporation: (I) Declare that the Project constitutes a public use within the meaning of Section 1 -219.1 of the Code of Virginia (1950) as amended, and that the real property interests identified above are necessary for the Project. (2)Authorize City staff to attempt to acquire the real property interests identified above from Walker Machine and Foundry Corporation by negotiation, and offer Walker Machine and Foundry Corporation, the amount determined by updated appraisals to be obtained by the City from an independent third party appraiser, as just compensation for such real property interests, together with damages, if any, to the residue of the property. (3) If such attempts at negotiation with Walker Machine and Foundry Corporation are unsuccessful, authorize City staff to initiate eminent domain proceedings in accordance with Section 15.2 -1901 and Sections 25.1 -200, et seq., Code of Virginia (1950) as amended, and other applicable laws, to acquire the real property interests identified above needed for the Project. (4) Authorize the City Attorney, in his discretion, to make a motion to the circuit court on behalf of the City for entry of an order for a right of entry, pursuant to Section 25.1 -224, Code of Virginia (1950) as amended, and other applicable laws, granting to the City the right to enter upon the real property designated as Official Tax Map Nos. 1410204, 1410205, and 1510301, for the purpose of commencing the Project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into court the just compensation determined by the City to be entitled to the owner of such real property interests. Sherman M. Stovall Acting City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Operations Barbara Dameron, Director of Finance Robert K. Bengston, P.E., Director of Public Works Luke Pugh, City Engineer -/ a .1 nR _ m Z w. W 5 wwrti wYFa]I `61[MN 4 M�6 DrOBF M _ .) vmx earusx mv�Tmw.wTCU sxxv, lws IM1YS %AI MLS IbT CWSIINIE A 90MM9dl UY0.R IIK RJAYpfE OTY lAW A�apN9LW A40 /M ZRMVC OT.MANQS Tax #1410204 — (0.9900 Acres) v, ffr er Walker Machine & e v Foundry Corporation m meobarormke, vrmw GRAPHIC SCALE g M�N M1)A�39 gennme A.e iw S� • -� Roanoke, Virginia m CURVE TABLE a .1 nR _ m Z w. W 5 wwrti wYFa]I `61[MN 4 M�6 DrOBF M _ .) vmx earusx mv�Tmw.wTCU sxxv, lws IM1YS %AI MLS IbT CWSIINIE A 90MM9dl UY0.R IIK RJAYpfE OTY lAW A�apN9LW A40 /M ZRMVC OT.MANQS f u o er_ Tax #1410204 — (0.9900 Acres) v, ffr er Walker Machine & e v Foundry Corporation m meobarormke, vrmw GRAPHIC SCALE g gennme A.e iw Roanoke, Virginia m f u o er_ A ilt ! PryY /IC IN m�0 /" /YYY ! ✓ l i " ✓ _ l , \_ �m- ""= c°m°m —. _ r °rte R,a/ / I J; C J ANIE TA9E � ",—' """°°""° „Yw Tax )/1410205 - (3.9804 Acres) i°m YF SRWSJ II v'm' [) 16I.IY Y6V M.¢ [AS) SmIfSE'I M'YY I eger d M.. '_lei r L _ 8 33 LOAIM YAP IIXS M! IXCS NO! CLWSIINIE A AJN50V IMIER Td R0."Mdf PM1 LA4a SL@,l'N9W FNO/CR Z(WM'C CM19NA4IX3 JIIICL LI q�Y Ep FINEEF i) MS MI5 B.YO M. MRxI RN 9w.[v. ",—' """°°""° „Yw Tax )/1410205 - (3.9804 Acres) n IM` W® `r ° " O 'P"M'm°Tr ° No O°a Walker Machine i ne & ,', ,"e,ro ° ° �"! ,ug.r :]°.I : aaCa a .o °w x GRAPHIC =cnLE m" r awoT x v1au�t Foundry Corporation rmzoa .e ) .wO rs vnm v° u sv v".w mlrs.. erla lne n nt 411) /m '. ��w .a. t a9II.M � Qi dfluaads, V%,Vft u""vm,°w PNXIO erk� [GwL w I� u O' iR,a ok , Y -gin a Roanoke, Virginia Leg en Fj / % 4 6 / Norfolk Southern RadwaY Company I Lacanm AW £ nn: ae Fes; � c'_ �0 ❑ ,p �� �v P > �^'da � oil �41 1xu �_ - onocr Psra axon. mra..i S+ Avenue, >< Roanoke j� z > %A! O NOI llYISPNR 195M N5.M' LWOFF PK a' F0.WpfC P' 1Y IA Uh9 4'6pN5(W ANO/CN Z%ML LMYNA4CES CVPV6 iA®8 - AIAN IU.H CP C OF ClY ENGINEER I) rM M.S B.A�aAanD:r,OU.vP1[x. a' Tax )/1590301 - (1.6669 Acres) ;'.:,,m"„' °' . w,p5°a NA:.n "��P �4�11.1m,aluw,m.�l1B..:4 q u�ms xe" mw. roaaullna aery wrm uawl lxs o �wwc =�,� "" ° valno5�.o 3'� Walker Machine & Foundry Corporation (1111 a. 1171, 1,, rsc) rnu¢a » rw .nr"wwrs.a s) 1[w1 �lM a,�4 rmw vwK cwt uurtxww[e xo. ro17 GRAPHIC SCALE A� n sv" +£{o The Plancke, Vagm L><r W v 9ie 54 Roanoke, , Virginia 1 nv Awm. i • I. Erisliq pa-wy martur f Epe iq Rtgety Mn runt Water Manhole Water Meter Fne rlydrant Water valve Water vault Telephone Pedestal Telephone Manhole Gas valve Gas Meter Traffic Signol Bo. Sanitary Sewer Maki Drainage Manhole Sign Utility Pole Electric Trarefarmer Guy Wire hGuy Pole Ught Post Light Pole NEW VAwAa_e WIDTH GVEErrWAY EASEMENT L AE TABLE De f µ ' `a ,Y: V A __.. CURVE TABLE I) THIS PLAT IS BASED ON A FIELD SURVEY PERFORMED FEBRUARY- l 2015. 2) /HIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT PILE REPORT AND THERE MAY E)PST ENCUMBRANCES Ill AFFECT ME PROPERTY THAT ARE NOT SHOWN HEREON. 3) THIS PROPERTY DOES uE WRNIN PIE LLMITS OF A 100 YEAR FLOW BOUNDARY AS DESXNA TED BY TEMA. THIS OPINION IS BASED ON AN INSPECPON OF THE FLOOD INSURANCE RATE MAPS AND HAS BEEN WRi BY ACTUAL FIELD ELEVANONS SEE PANEL NUMBER 5101JO 0163 F MAP NUMBER 51161CO163 C, DATED SEPTEMBER 28, 2007 'ZONE AE.. ZONE 'X' AND SHADED ZONE 'X'. A) PIANIIIIi AS SNOW/ WERE TAKEN FROM A TOPOGRAPHICAL SURVEY, DATED MARCH 1995 PREPARED FOR THE CTY On ROANO(E, IRCYNIA. 5) FOR CLARITY PURPOSES NOT ALL PHYSICAL IMPROVEMENTS ARE SHOWN HEREON 6) LEGAL REFERENCE: DEED BOOK 581, PACE AJ OCT 6, 1932 OWNER. WALKER MACHINE At FOUNDRY CORPORATION 'PIN(YTH1' HOFVdb'. III No 001754 Plat A LL tii ASSQ( I AILS. P Dnr LAC IALLR� A i0I )ORS- PLA ?V1 Ra come. No 1 (01NOK l'IRG11I A BcAIF wnL ROANOKE RIVER BRIDGE THE GAP PROJECT SHOWNG .NEW VARIABLE' WIDTH CREENNAY EASEMENT OVER TAX A1410204 — (0.9900 Acres) Voe 'G of Walker achme & Foundry Corporation (OW eooi SS;, Pe9e Q/ Prepsred for The City of Roanoke, Vdglhla tuafed a'ong Royoaa Are, SW l Roanoke Virginia /JE LC IT t,I's. _Ols .a, to, P41005 pmey Of WALWEA FaMWY C PORA& OeN Book 601, PpQ'e YJ G5 A rig C6 ox �. Te, P410114 yR /; Piapafy of , ,�ry� 1+� .4 / NApNIA NpDINCS GCNP Deed Book Not Listed''A4/ G7 //y i ,' •fie Approxin 10 L Yw o F ` J eay4 taC`,p o q Gq /,' / Flo dpla Year `Appoxmafe Lxation %3� yry F aro OY Roodw ',\� ' p 04' ,' To� P420201 PFOWY Of FOLWOR YApIINE & F Book 6 1, PANY Deed Doak 60I, Page 161 NEW VARIABLE IN07N G2 / GREEN WAY EASEMENT �b _ 6454 1 3, C8 AREA = 10,866 S.F. 1'' 711 0 'm Exlsfmg Irm Pin Tax pedy of Tax (1410203 No / � e, , Property o/ 01 Poopafy of E WALKER MACNINE & ` AA PROMPES ROANOKE M'C.�� FOUNDRY COMPANY Inst...t 1050007222 / Dee] Boo: 1643, Poge IJ20 \ Plot 12J LLUISDB ASSOCIA I LS P.C. . � n IIMJJIIY HOFULE -tit .. a„ oD1,an rr aD' i I nUA�t <t Yld,. V A ROANOKE RNER BRIDGC TXE CAP PROJFLI SnON1NG NEW VARIABLE WIDTH CREENWAY EASEMENT OVER IAX #1410204 — (0.9900 Acres) Pr ty of Walker Vac ine & Foundry Corporation (Deed Book 581 Poge 43) Arryrvred for The Cily of Roanoke Virginia ( ofd g Ra'1oad A, 5w Roanoke Virginia Dkl LE ]OL L�GlNLERS SLRIL)ORS- PLANNERS ' ROA;NOU, I RGI� A - "I SCALE 1 BD. D.l LFTlhr 's2015 14 -192 sheet P L.4 LUMSDEN ASSOCIATES P.C. ( )FTF LVANLGRS SLRCL40RS "PL.4'NNLRi COMM NO ROkNOKE MUNI., , v SCAT" NONE a 2015 S Bell Pl? NOTES. 7) _ MIS PLAT IS BASED ON A CURRENT FIELD SUREY PERFORMED IN FEBRUARY -.VNE 1015, - 2) MIS PLAT WAS PREPARED WMOU T ME BENERI OF A CURRENT PRE REPORT AND • Teerng property Mmrnrt MERE MAY EXIST ENCUMBRANCES WHICH AFFECT ME PROPERTY THAT ARE NOT SHOW HEREON. 3) THIS PROPERTY DOES LIE WITHIN THE LIMITS OF A 100 YEAR FIOOO BOUNDARY AS Eldi mashy Me sel DESIGNATED BY FERAL MIS OPMON IS BASED ON AN NSPECRON OF 7HE FLOOD Water Manhole INSURANCE RATE MAPS AND HAS BEEN WROED BY ACTUAL FIELD ELEVA71ONS SEE PANEL NUMBER 510130 0163 G, MAP NUMBER 51161CO163 G, DATED SEPTEMBER 28, Water Meter 2007 'ZONE AE'. ZONE ".Y' AND SHADED ZONE X. Fire Hydrant 4) PLAAYMEFRICS AS SHOW.' WERE TAKEN FROM A TOPOGRAPHICAL SURVEY, DATED MARCH 1995 -- - - PREPARED FOR ME CITY OF ROANOWE NRGUMA. Water Valve 5) FOR (1,VRiY PURPOSES NOT AU PHYSICAL IMPROVEMENTS ARE SHOW HEREON. Water Vault 6) LEGAL REFERENCE.. OEM BOOK 601, PACE 464 Telephone Pedestal OWNER WALKER MACHINE d FOUNDRY CORPORATION TlphoneMannoie 1. 4 r NEW CENTERLINE OF 30 C#ENWAY' CIA, I�RJ hCYC ,INr,I SIP Gas valve FJiSEMEM LAtE TABLE �PLTH 'it Gf ROPNONE HIVER R00] RLilf,1101i 1F01EC1 rT..NG Gas Meter °' r Y —' �° 1 �r �: NEW 30' CRF;ENWAY EASEMENT ' .� - T H< Slgnal Bar '' 1,7-, a I'IM FjY HOFAZLE 5 OVFP S try Sew r Manhole' t �"-1 � N "OD1754 TAX #1410205 — (39804 Acres drainage Mannob ` nr pasty a( Sig tNno Walker Machine & ,t MRtiy�� Utility Pale Foundry Corporation Electric Transformer ', /Oenf Bow 601, Page 464) — CURVE TABLE preporeE for Guy Wife an_:: The Ci(y of Roanoke Virginia 11 V, 1 Nr, Ir; , , v ��7 anRm; 4 Gu Pole Y - - 1 I "._,'. 1 sfuated along Bridge Sir",, SW t' : I Roanoke, Virginia Light Post " J ,, ,:A _ — _ n r `O 0 l- F TON, IU1 °1. Light Pole 11 v _ 1 .l i SJ. Plat 126 1 LUMSDEN ASSOCIATES P.C. ( )FTF LVANLGRS SLRCL40RS "PL.4'NNLRi COMM NO ROkNOKE MUNI., , v SCAT" NONE a 2015 S Bell Pl? - F ", rJ6 I Plat 26 Hc. . ,i ,. -, ,.rnN�a. � R04NONE RIVEH ROOD REDUCTION PROJECT SHOVANG NEW 30' GREENWAY EASEMENT a,! ObEP /26' ' � P�yyar, { NRONIA HLYA'NGS CORP 1 TAX {1410205 — (3.9804 Acres I � � � r �°y. �Od e,n 891. Page W P,aPgry a/ sam'°"� l l / .,•r " Walker Machine & �N�°" �'i / c Foundry Corporation �/ "� l l t x X5'20 u 3 P i' for AIOirA ,ARpoxinafe LOrotim /27192 179K &� ,Deed eea 601 Page ae+,� •�+flv r ar i ! i Rr y nooawy �� E� / 04 PUNI I , /--www Haws caee ,� Eey e' p rsroo Pre Cry of Roanoke Virginia DeeJ B°a° OMnam / / P )y5B'o5' E - / Edge of sa. 1r r , B,Cge SbeeL 5w f e 18 E / tI1.A l �/ �' i G6 Koanoke, Virginia k N 1s.In PE aaY i g. O �i ,E n3se' / rox P4 05 ;L 1 r / . - R ra y, " o1° ,Loo bp i Ep % FOWLAV4NIRLY R CNOAM�6A'E A PQO� N A5 ieed Bat 601. Page 46 4 gl 1980{ A. a // �RBIweY �°? ^y _ _ 1(40'q/WT i■`. .Zge /a R9 / r l . 11 " NP �r T./420201 WALKER MAaIME R c TIMM�fHY HDy LLl;' el Tax IIO2a�� �� y •{w DW gook 601, age 164 lac - h 001754 a _. P PTwY WALKER MACHINE rt �' — - 'JO' Cq 5'URV' 0� FOUNDRY CaiPCRA DON 2112'(PE ONLY) _ - -- .y� Oq ,Deed Boat 581, Page 41 v _STALE LL MSDLN ASSOC] A] LS ' P C ' .,; cornrn. Nr U : Ju, 3D 20u LNUNLLRS- SLLORS- PLANNLRS 11 ROANOKE, VIRGIN I% n100 Soeerzm • Omfng Rapmfy Mmvnmt Lmfing prowy Mon veer t Water Manhole Water Meter Fire Hydrant Water valve Water vault Telephone Pedestal Telephone Manhole Gas valve Gae Meter Traffic Signal Box Scritor, Sewer Manhole Drainage Manhole. Sign Utility Pole Electric Transformer Guy Wire -0 Guy Pale Light Poet Light Pole NEW CENTERLPE OF 30' (YIEENWAY EASEAEAT LAE TABLE IFUIICI I � - I 40 i, 4" 6 j mom, 1) NIS PLAT IS BASED ON A CURRENT FIELD Wil PERFORMED FEBRUARY -,UNE 2015. 2) THIS PLAT WAS PREPARED WTHOEF THE BENEFIT OF A CURRENT RTTir REPORT AND THERE MAY EXIST ENCUMBRANCES WKCIL AFFECT 7NE PROPERTY TPA T ARE NOT SHOW HEREON J) THIS PROPERTY DOES LIE WRIT THE UMI7S OF A 100 YEAR 8000 BOUNDARY AS DESIGNATED BY FEMA. THIS OPINION IS BASED ON AN INSPECTION ON ME FLOOD INSURANCE RATE MAPS AND HAS BEEN VERIFIED BY ACTUAL FIELD ELEVA TONS SEE PANEL NUMBER 510130 016J G MAP NUMBER 51161CO16J G, GATED SEPTEMBER 18, 2007 "ZONE AE', ZONE 'X' AND 91ADO ZONE "X'. 4) PLAMMETRICS AS SHOWN Ml TAKEN FROM A TOPOGRAPHICAL SURVEY, DATED MARCH 1995 PREPARED FOR ME CITY OF ROANOKE. VIRGINIA. 5) FOR CLARITY PURPOSES NOT ALL PHYSICAL IMPROVEMENTS ARE SHOW HEREON. 6) LEGAL REFERENCE: DEED BOOK 1471, PAGE JM,, OCT. 8, 1981 OWFER: WALKER MACHINE & FOUNDRY CORPORADON ii 4r1gNJKi .. 'i. 1f q ROANOKE RIVER FLOOD REDUCTION PROJECT SHUWN6 o��F,hA'TH DF PP NEW 30' GREENWAY EASEMENT a c �P TAX #1510301 (1.8669 Acres) I.l� . \o OBOIR54- Property of WALKER MACHINE & DUO �� FOUNDRY CORPORATION (Geed BATA 141L Fage 356) I vreparea rd — - The Cily of Roanoke, Wginia —� Atuafea 010n9 Roonote Rlmr Are S.W - � Roanoke, Virginia Al Now InrrbF: Jill . _. .CURVE TABLE VLF d OM1. INTH ;AM1 rOR. 4 C PY E -1 V43 r qc• , Plot o<Te J :D.jo �LU%ISDLN �1SSOCIA11S RC ATE n _ LN INLLRS Sl;R1'LYORS PLANNERS l RO1NOLC CIRGINIA scare NGr✓e sl No Tar Number Assigned' e ' Remaining PO'eny Of W' do" IY54 Norfolk Sather, Ra,7.y Corn POny O.B. 663, Pg 109 (City) , 0 2 D6 28J, Pg. 238 (Goan ty) 0a 281, Pg. 23 (Cam ty) vi / Bridge 11 1195 � � y @ 61 ° a ^ \ Pd' g ofa` fk �� A L 0 2 ` l ,o t.S6.49'.: 5 8121 X58• id l/ liox /1510/02 1 L Rob `�° �' .. - 425.60 3 0 Belt Line 158' E Appmrlmate Locatim p�. �.1% E —' —Ferro 100 Year 5 for 11510)01 naodplam Prowy of WALKER MACHINE & FCUNORY CORPQRe J I� ti Deed Boat 1471, Page 56 s 1.8669 A. _ �O 1 � a 444 NEW CENTERLINE OF 30• GREENWAY EASEMENT J -AREA - 12,467 S.F Roanoke AyaxJe, SM/ (91ght-ol -War Vuiee) Plat C 1 o TIMOfFiY N6F)[ZLE A= 991'52' W' do" IY54 R= 2914.79' T- 230.20' BRG. S 48'4521' W ONO 458.97' vi v A r Ro OF f r rN t F EOANOKE ROANOKE RiKR EL000 REDUCTION PROUECT SHO'MNG NEW 30' CREENWAY EASEMENT OVER TAX #1510301 - (1.8669 Acres) Pi Pert' of WALKER MACHINE & FOUNDRY CORPORATION (Oeed Bo. 1471, An, 356) prepared to The Ciry of Roanoke, Virginia s Noted along Roanoke Rim Are S W Roanoke Virginia SCIIE 6, -- orrE.,.L_Ne smai � LLVISDEh ASSOCIATES P.C. J" "e'° 201E EVt IALLRS- SIRVTWRS PLANNERS � 1 ., court NO 92 ELL ROANOKE VIRGINIA �� SCALE ,.._80 snee zoiz The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL. ACTING PIKE CITY MGR 456 NOEL C. TAYLOR MUNICIPAL BLDG 215 CHURCH AVENUE SW ROANOKE, VA 24011 Account Number 6017304 Date August14,2017 Date Category Description Ad Size Total Cost 08/1412017 Legal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirements 1 x 102 L 1.000.24 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: 08107. 0tc Lc2017 The First insertion being given ... 08/07/2017 Newspaper reference: 0000584469 Billing Bar esentative / Sworn to and subscribed before me this Monday, August 14, 2017 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. I HANK Tuu Mc c N °�.. Notary Pu :..• "" . P'NOTFRY '. �FL State of Virginia S / PUGLIC CitylCounty of Roanoke * REG. ffi332964, * C ` My Commission expires i %l%5 i U . MY COMM115510N E PIPE j q Co THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. I HANK Tuu All nal nit -hate, e: if Lr,ir.,1 °17 AI1G-1S PM 3 29 niLVJ edw nrlosing ol.Vf Aonitl:nof 11 or" ana l,"Wn"in'th NOTICE OF PUBLIC HEARING m" I , ,imF "" refer ana in prppema parm, ent e cots, and manes of Ib, prupnl,,,i adcri - vill t pl inLic c[ Care sOm:- Inseam 1, m fall reels or b g p Monday. result 47 Sv load, Coale Virginia 50) as n a a munnna and amen t von a curry- win oisaminv plic is nerehy given appllfbleCity w ed n whp needs arrnmmnnaeon; red mic real t Coy Car nal of me Cut of hearing , please contact the fly Clerk'. null Cl Roanoke. viryinia C'eiry'9 will hole a Ofline at (540 853 2541. a rre 1291 public hearing at its regular meeting to n n no Thercht, August P. rile o n be held on Moral August 21. 2017, mosing at 7.00 earn, or m soon 611[4 son r m, nerd ex, )N iI I, w rrafier as the matter may be heart Across set i n the Council Chamber, 420 Hoar �Rmm Nall a Told, Mmieipal edge Bulid,, 2V5 Churoh AvenuC S.W.. Sl try 'Meal 1tyn,.1 111, Release, Virginia 24011 to forever Ch, Cb-rk sudden of an all i....... the r dog 1111 - of nenl domain r35J 1o5' ontlemnahon proceedings by the City vl Roanoke (a) for Me ay lsigpn of certain properly Interests IndWin9 temporary ments, permanent mnnG and up to and including Is .e simple Interest In certain prfaWy real pmoved, consulate m sehall ction 152 -1901 and Sections 25.1200 e[ a,,, of the Code of Vogul fall en and other applicable law, fomded. ram[ "Badge the dap Rmiect . mrn wepeIy interests to across and under me indicate, torcabea pales of real pacenrry mrarea at 100 sahmaa Ammar 5W_ Roanoke Virginia . learn, official Tea Map In 1410204, and p lied b Walker Myth on and raendrl Coherent- ana in . Railroad Avenue. 5 W_ Roanoke. `liryinid, beano, Carat ?a, Nap No 1410205, an(] urvned by Walker Ma'me, apd ruoodry Convention:. d mT ma the aedon the rend renal pmamry owned mall to a rea ,rap Wr, moon^ 1s Sect 1251 2 a dot ana srcbonginia Q00 tl si m mr �emnnar,l. coon of farm s, and rimer r air tae,. mr I Go,bfe -I in Gap pmlyd. mn,! are,,1 ompnrtr ntmell to b o wrimed mill's m, fmlov,ingt nn reel hr.p at faurk, l.cata at f Vpannia 4. 5 A Roanoke. Virginia. ring al far Map Na so,any Ot11 and aM u `e W Walkar al, and by I A-la Cprpo,.oprc. for the poryos 'e'1. ha constructing. operating . a user a If airing_ In,] I a wbric. fief a pedestrian and nisdo trsl If annular ma wIN Iho Bride, me Gap proleni us pArt ofdo, p,rabo' aernancc. and espy "lien I' In R hear Risen Cmeosa, the pChhc heming se31' Ins Lle If determining whem,r g, Nproo" lect descabrvl a e. .stem,, a pubs, a ana +hIa , tre r nnaemnniion Cry n ary for mn ocgurbmp m oil y nm ts rests .Lo_ an suit Fmp.n over me real broperna described Cider, rnml ba,e m., oriplal,. ppertemty in be heard and e,pmss menepimmradn ram matter All nal nit -hate, e: if Lr,ir.,1 °17 AI1G-1S PM 3 29 �V NOTICE OF PUBLIC HEARING Pursuant to the requirements of Section 15.2 -1903, Code of Virginia (1950) as amended, and other applicable law, notice is hereby given that the City Council of the City of Roanoke, Virginia ( "City ") will hold a public hearing at its regular meeting to be held on Monday, August 21, 2017, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, to consider adoption of an ordinance authorizing the use of eminent domain condemnation proceedings by the City of Roanoke (a) for the acquisition of certain property interests including temporary easements, permanent easements, and up to and including the fee simple interest in certain pri vately owned real property pursuant to Section 15.2 -1901 and Sections 25.1 -200 et. seq., of the Code of Virginia (1950) as amended, and other applicable law, for the "Bridge the Gap Project ", such property interests to be across, on, and under the following described parcels of real property located at (i) 0 Railroad Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1410204, and owned by Walker Machine and Foundry Corporation; and (it) 0 Railroad Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1410205, and owned by Walker Machine and Foundry Corporation; and (b) for the acquisition of the fee simple interest in certain privately owned real property pursuant to Section 15.2 -1901 and Sections 25.1 -200 et. seq., of the Code of Virginia (1950) as amended, and other applicable law, for the "Bridge the Gap Project ", such property interest to be across, on, and under the following described parcels of real property located at 0 Roanoke Avenue, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1510301, and owned by Walker Machine and Foundry Corporation; for the purpose of constructing, operating, maintaining, repairing, and replacing a public, mixed use, pedestrian and bicycle trail in connection with the "Bridge the Gap Project" as part of the operation, maintenance, and expansion of the Roanoke River Greenway. The public hearing shall be for the purpose of determining whether the project described above constitutes a public use, and whether the use of condemnation proceedings is necessary for the acquisition of such property interests across, on, and under the real property described above. Citizens shall have the opportunity to be heard and express their opinions on said matter. Additional information on the project described above, including plats depicting the area and location of both the fee simple interests and the proposed permanent easements, and copies of the proposed ordinance will be available in the City Clerk's Office beginning Monday, August 7, 2017. If you are a person with a disability who needs accommodations for these hearings, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, August 17, 2017. GIVEN under my hand this 76 day of August, 2017. Stephanie M. Moon Reynolds, MMC City Clerk Note to Publisher Please publish twice in Legal Section of The Roanoke Times on Monday, August 7, 2017, and on Monday, August 14, 2017. Please send Certification/Affidavit to: Stephanie M. Moon Reynolds, MMC, City Clerk 4" Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Phone: (540) 853-2541 Please send Invoice to: Sherman M. Stovall, Acting City Manager 3`d Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phony (540) 853 -2333 J_ IN T] IF, COUNCIL OF TI IF CITY OF ROANOKE, VIRGINIA, The 21st day of August, 2017. No. 40941- 082117. AN ORDINANCE authorizing the City Manager to execute a lease agreement between the City and The Hertz Corporation ("Hertz ") for use of an 86,501 square foot parcel of City -owned property at 5550 Precision Circle, N.W., Roanoke, Virginia, for the operation of a maintenance, storage and servicing facility in connection with Hertz's automobile renting and leasing business, for a term of five (5) years, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on August 21, 2017, pursuant to Sections 15.2- 1800(B) and 15.2 -1813. Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that The City Manager is authorized to execute on behalf of the City of Roanoke, in form approved by the City Attorney, a lease agreement with The Hertz Corporation for use of an 86,501 square foot parcel of City-owned property at 5550 Precision Circle, N.W., Roanoke, Virginia, designated as Official Tax Map No. 6640123, for Hertz's operation of a maintenance, storage and servicing facility in connection with the Hertz's automobile renting and leasing business, for a term of five (5) years, commencing October 1, 2017, and ending December 31, 2021, at an initial rental rate of $2,864 per month, with a three percent (3.0 %) increase each year of the lease term, all as more particularly described in the City Council Agenda Report dated August 21, 2017, and the attachment to the Report. 0 -Hertz Lease (8- 21 -17) Pursuant to the provisions ofSection 12 of City Charter, the second reading of this Ordinance by title is hereby dispensed with. �AI1 S[. City Clef 0- 11,rt,Le.s (8- 21 -17) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 2017 Subject: Lease Renewal for The Hertz Corporation for a period of Four Years and Three Months Background: The Hertz Corporation (Hertz) currently leases approximately 86,501 square feet of city -owned property identified as Tax Map Number 6640123 (Property), commonly known as 5550 Precision Circle, NW, and formerly known as 1302 Municipal Road, N.W., Roanoke, Virginia, excluding a building located on the Property, which was constructed and is owned by Lessee. The Property is utilized as a vehicle maintenance, storage and servicing operation in conjunction with an automobile rental establishment located in the Roanoke - Blacksburg Regional Airport, where Hertz has also leased space. Hertz began leasing this Property from the City of Roanoke in 1968. A prior lease agreement commenced on October 1, 2012 for a three year and three month term which expired December 31, 201 S. The lease agreement provided for a month to month extension not to exceed 21 months. That term expires September 30, 2017. Hertz has expressed the desire to continue to lease this Property for a four year and three month period commencing October 1, 2017 through December 31, 2021. The proposed lease term is designed to synchronize with the lease term established at the Hertz rental establishment in the Roanoke - Blacksburg Regional Airport. The Lease Agreement shall provide the following annual rental rate, payable monthly in advance, and shall be as follows: October 1, 2017 - $2,864 monthly $8,592 for 3 months December 31, 2017 January 1, 2018 - - $2,950 monthly $35,400 annually December 31, 2018 January 1, 2019 $3,039 monthly $36,468 annually December 31, 2019 January 1, 2020 - $3,130 monthly $37,560 annually December 31, 2020 January 1, 2021 - $3,224 monthly $38,688 annually December 31, 2021 The Hertz Corporation owns the building and is responsible for all maintenance, utilities and improvements on the Property. Recommended Action: Authorize the Acting City Manager to execute a lease agreement in accordance with the terms and conditions shown in the table above, with the Hertz Corporation for approximately 86,501 square feet of city -owned property located at 5550 Precision Circle, N.W., Roanoke, Virginia, for a four year and three month period commencing October 1, 2017 and expiring December 31, 2021. Such lease shall be approved as to form by the City Attorney. _ ff6_ -� - - - - - -- Sherman M. Stovall Acting City Manager Attachment: Proposed Lease Distribution: Council Appointed Officers R. Brian Townsend, Asst. City Mgr. for Community Development Barbara A. Dameron, Director of Finance Wayne Bowers, Director, Economic Development Cassandra L. Turner, Economic Development Specialist LEASE AGREEMENT BETWEEN THE CITY OF ROANOKE AND THE HERTZ CORPORATION THIS LEASE AGREEMENT ( "Agreement") is entered into as of the _ day of 2017, by and between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation, ( "Lessor") and THE HERTZ CORPORATION, a Delaware corporation qualified to do business in the Commonwealth of Virginia, ( "Lessee "), WITNESSETH: WHEREAS, the Lessor is the owner of certain property located in the City of Roanoke, Virginia, designated as Tax Map No. 6640123 ( "Premises "), excluding a building located on the Premises, which was constructed and is owned by Lessee; WHEREAS, Lessee has leased the Premises from Lessor to use as a maintenance, storage and servicing facility in connection with Lessee's automobile renting and leasing business since 1968, the most recent of the lease agreements providing for a term commencing October 1, 2012, and ending September 30, 2017; WHEREAS, the parties desire to enter into another lease agreement for the lease of the Premises for Lessee to continue to use in connection with its business, for an initial term commencing October 1, 2017, through December 31, 2017, with the option to renew for annual terms of one year each commencing January 1, 2018, through December 31, 2018, not to continue beyond December 31, 2021, in order to coincide with the term of another lease of Lessee's at the Roanoke- Blacksburg Regional Airport ( "Airport"), upon the terms and conditions below. NOW, THEREFORE, IN CONSIDERA'T'ION of the above recitals, which are incorporated herein, and mutual covenants and promises hereinafter contained, and other good and valuable consideration, the parties hereby mutually agree as follows: 1. Leased Premises. Lessor hereby leases to Lessee, subject to and upon the terms and conditions hereinafter set forth, those certain premises, including improvements located thereon, located at 5550 Precision Circle (formerly known as 1302 Municipal Road, N.W.), in the City of Roanoke, Virginia, designated as Tax Map No. 6640123 ( "Premises "). The parties acknowledge and agree that the Premises include the Building located on the Premises, which was constructed and is owned by Lessee. Lessee agrees that it shall not use the Premises, or the Building for any other use. The Premises is being leased in its AS IS, WHERE IS, condition, and Lessee acknowledges and agrees that Lessor is not making any kind of warranty or representation as to the condition of the Premises or that the Premises is suitable for the Lessee's purposes. 2. Term of Lease. The initial term of the Agreement shall be three months, commencing October 1, 2017, through December 31, 2017. The Agreement may thereafter be extended additional annual terms of one year each, commencing January 1, 2018, through December 31, 2018, upon mutual agreement by the parties in writing at any time. Provided however, the term of the Agreement shall not extend beyond December 31, 2021. 3. Rent. Lessee agrees that it shall pay Lessor rent for Lessee's lease of the Premises according to the following schedule: a. Partial Year One (October 1, 2017, - December 31, 2017)- Rent shall be Eight Thousand Five Hundred Ninety Two /Dollars ($8,592), to be paid in monthly installments in the amount of Two Thousand Eight Hundred Sixty Four Dollars ($2,864 monthly ). b. Year Two (January 1, 2018, - December 31, 2018) - Rent shall be Thirty Five Thousand Four Hundred Dollars ($35,400) annually, to be paid in monthly installments in the amount of Two Thousand Nine Hundred Fifty Dollars ($2,950). c. Year Three (January 1, 2019, - December 31, 2019) - Rent shall be Thirty Six Thousand I Four Hundred Sixty Eight Dollars ($36,468) annually, to be paid in monthly installments in the amount of Three Thousand Thirty Nine Dollars ($3,039). d. Year Four (January 1, 2020 - Dcember 31, 2020) -Rent shall be Thirty Seven Thousand Five Hundred Sixty and No/Dollars ($37,560) annually, to be paid in monthly installments in the amount of Three Thousand One Hundred Thirty and No/Dollars ($3,130). e. Year Five (January 1, 2021 - Dcember 31, 2021) -Rent shall be Thirty Eight Thousand Six Hundred Eight Eighty and No /Dollars ($38,688) annually, to be paid in monthly installments in the amount of Three Thousand Two Hundred Twenty Four Dollars ($3,224). Such rent is due no later than the first of each month, and shall be paid to the Treasurer, City of Roanoke, P.O. Box 1451, Roanoke, Virginia, 24007. Checks should be made payable to Treasurer, City of Roanoke. In the event rent is not received by the fifth of each month, a late payment charge in the amount of l0% will be added to that month's rent. Interest will accrue on all delinquent amounts at the rate of 10% per year on a monthly basis. 4. Use of Premises. The Premises shall only be used as a maintenance, storage and servicing facility by Lessee in connection with its automobile renting and leasing business. Lessee agrees that it shall not use the Premises for any other use without the written consent of Lessor. Lessee agrees that it will observe and comply with all federal, state and local laws, rules, and ordinances in its lease of the Premises and use of the Building. 5. Improvements and Fixtures. Lessee shall have the right during the term hereof, at its own expense: (a) To construct and install in and upon the Premises, at its sole cost and expense, a building or buildings and such other structures and facilities as it may deem necessary or desirable for storage, maintaining and servicing and for such other purposes as may be necessary or desirable in connection with its operations, provided, however, that Lessee shall first submit plans and specifications for all 3 fixed improvements to the Lessor's City Manager for written approval, which approval shall not be unreasonably withheld. The term "fixed improvements" whenever used in this Agreement shall be construed to include all buildings and other structures erected upon the premises, all fencing, grading and surfacing with stone and /or hardtop, all underground and overhead wires, cables, pipes, conduits, tanks and drains, and all property of every kind and nature, excluding trade fixtures, which is so attached to any building or structure on the premises that may not be removed without material injury to the property or to the building or structure to which same shall be attached. Upon expiration of this Agreement, or Lessee's vacation of the Premises, title to all fixed improvements erected or installed by Lessee in or upon the Premises, including the Building, shall vest in Lessor except as otherwise provided herein, excluding, however, Lessee's trade fixture and personal property, as hereinafter provided. Lessee shall commence construction of any fixed improvements to be erected or installed by Lessee within a period of six (6) months from and after the approval of the plans and specifications therefore by or on behalf of Lessor, and shall prosecute the work to completion with all due diligence; and (b) To install, maintain, operate, repair and replace any and all trade fixtures, fumishings, furniture, machinery and equipment, communications equipment and other personal property useful in connection with its operations, all of which shall be and remain the property of Lessee and may be removed by Lessee prior to or within a reasonable time after expiration of the term of this Agreement, provided, however, that Lessee shall repair any damage to the premises caused by such removal. All fixtures, equipment, improvements, and appurtenances permanently vacated to or built into the Premises, whether or not by or at the expense of Lessee, and any personal property of the Lessor or installed by Lessor in the Premises shall be and remain a part of the Premises and shall be deemed property of the Lessor and shall not be removed by Lessee. The failure to remove trade fixtures or other personal property shall not constitute a hold -over, but all such property not removed I within ten (10) calendar days after Lessee receives a written demand for such removal shall be deemed abandoned and thereupon shall be the sole property of Lessor. It is understood that the phrase "trade fixtures" shall include, but shall not be limited to, any signs, electrical or otherwise, used to advertise Lessee's business in and about the Premises; all machinery and equipment used in connection with the servicing of automotive vehicles in or about the Premises, whether or not such machinery or equipment is bolted or otherwise attached to said premises; any lift hoist, compressor or other mechanical device used to service said automotive vehicles; and all other miscellaneous equipment, including, but not limited to, air conditioning equipment installed in or placed on or about the Premises and used in connection with Lessee's business. 6. Maintenance and Inspection. Lessee acknowledges and agrees that the Lessor shall have no duty of any kind to maintain, restore or repair or replace the Premises or the Building, or any item or portion, of and within the Premises or Building, whether structural or nonstructural. Provided, however, that if Lessor determines that such repair, replacement, or restoration of any portion of the Premises, whether structural or nonstructural, is necessary to preserve and maintain the Premises, Lessor and its authorized officers, employees, agents, contractors, subcontractors and other representatives shall have the right, but not the obligation or duty, to perform essential maintenance, repair, relocation or removal of existing underground or overhead wires, pipes, drains, cables and conduits now located on or across the Premises, and to construct, maintain, repair, relocate and remove such facilities in the future if necessary, as Lessor deems necessary in Lessor's sole determination. In such event, Lessee agrees to give Lessor the right to enter its business and Premises, including the Building, upon reasonable notice and make such repairs or replacements or perform necessary maintenance, or to inspect the Premises to determine if maintenance is necessary, provided however, that said work shall in no event disrupt or unduly interfere with the operations of Lessee. 5 Lessee, at its sole cost and expense, will service, keep, and maintain the Premises, including Building, in good repair, condition, order, and appearance during the term of this Lease, ordinary wear and tear excepted, and to surrender the same upon the expiration of the term or renewal term of the Agreement, and Lessee will make all improvements (which includes repairs, replacements or restorations) of every kind or nature, whether structural or nonstructural, which may be required to be made for any reason in connection with Lessee's use of the Premises. This provision includes, and is not limited to, keeping the Premises in compliance with City of Roanoke property maintenance codes (e.g. grass and weed cut to a proper height, snow removal, trash and garbage removal, etc.). The parties acknowledge and agree that if the City of Roanoke has to abate a public nuisance on the Premises due to Lessee's noncompliance with applicable City of Roanoke code provisions (e.g. keeping weed and grass cut to a proper height), any costs incurred by the City in abating such nuisance, after notice to Lessee, shall be added to the rent to be paid by Lessee the following month after such nuisance abatement costs become due. Lessee shall keep in good running order electric wiring, toilets, water pipes, water, gas and electric fixtures, replace all locks, trimmings, glass and plate glass broken during the tenancy, and unstop all water fixtures that may become choked. If there be any elevators, escalators, lifts, machinery or appliances (herein called "equipment") on the Premises, Lessee shall care for, maintain, and repair same, and shall indemnify and save harmless Lessor from any liability or claims for damages for injuries to persons and property arising therefrom. Lessee shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Lessee further covenants and agrees that all signage and the general appearance of the Premises shall be subject to the prior approval of the Lessor, which approval shall not be unreasonably withheld. Lessee shall remove any signage or other materials which negatively affect the general appearance of i the Premises in the sole and exclusive discretion of Lessor. All permanent alterations, changes, and improvements, by whosoever made, shall be the property of Lessor. Nothing contained in this section shall be construed as requiring Lessor to make any repairs or replacements or perform maintenance to the Premises of any kind, structural or nonstructural. In the event Lessor chooses to exercise its option under this section to enter the Premises to perform such repair, replacement or maintenance to the Premises, all costs shall be home solely by Lessor, except as provided herein. 7. Lessee's Obligations. Lessee covenants and agrees: (a) To maintain and operate the Premises strictly in accordance with all applicable federal, state and local environmental protection laws, regulations, rules and orders, including but not limited to those laws relating to the storage, disposal and presence of Hazardous Substances (the term "Hazardous Substances" used herein has the same meaning as given that term and to the term "hazardous wastes" in 42 U.C.C. §9601), disposal of sold waste, release or emission of pollutants or Hazardous Substances into the air or soil or into groundwater or other waters, and erosion and sedimentation control (collectively, "Environmental Law "). The Lessee covenants that it has either acquired heretofore or shall acquire, prior to or at the time required by applicable law, all environmental permits and licenses required by any Environmental Law in connection with the maintenance and operation of the Lessee's business upon the Premises. As of the date of this Agreement, the parties acknowledge that Hertz owns and operates one (1) 12,000 gallon bulk petroleum UST, and two (2) 250 gallon bulk petroleum ASTs. Lessee agrees that it shall keep written documentation and evidence of full operational compliance of all such tanks maintained on site and available for inspection by the Lessor. Any changes in the design or structure, operational status, physical location, material stored, or other substantive to these tanks and any 7 associated piping, pumps, or other operational components shall be disclosed to the City within 30- days of such change. (b) To grant and give to the Lessor, its agents and employees the right and license to enter the Premises, without notice, at any reasonable time to inspect the Premises or to conduct a reasonable environmental investigation, including but not limited to an environmental assessment or audit of the Premises to satisfy the Lessor that the Premises are free from environmental contaminations and hazards. The Lessor may employ engineers to conduct such investigations on the Lessor's behalf, and the Lessee shall give to such engineers the same rights and licenses as the Lessor may have pursuant to this section. The Lessee shall from time to time and upon the request of the Lessor, give to the Lessor or to whomever the Lessor may designate such assurances as may be necessary to show that the Lessee is in compliance with any and all Environmental Laws. The Lessor shall use its best efforts to minimize interference with the Lessee's business but shall not be liable for any interference or harm caused by the Lessor's exercise of its rights under this section. If after conducting any such Environmental investigation as required herein, should any environmental contamination be found, the cost of such investigation and audit, in addition to all costs required to comply with any Environmental Law and to conduct necessary cleanup, and the payment of any fines and penalties made against Lessor by any court or regulatory agency as a result of any environmental condition existing on the Premises, shall be borne by the Lessee, bear interest at the annual rate of eighteen percent (18 %) and be payable as additional rent to the Lessee immediately upon written demand therefore. (c) To disclose to the Lessor at the Commencement Date of this Lease and Agreement, and on December I of each year thereafter (all such dates being hereinafter called "Disclosure Dates "), including December I of the year after the termination of this Lease and Agreement, the names and amounts of all Hazardous Substances, which were stored, used or disposed of at the Premises, or i which the Lessee intends to store, use or dispose of at the Premises, for the year prior to and after each Disclosure Date. The Lessor, in its sole and absolute discretion, may consent or decline to consent to the Lessee's storage or use, or both, of any Hazardous Substance, provided that (i) the Lessee shall store such matter in leakproof containers, (ii) such storage and use does not constitute a violation of any Environmental Law, and (iii) the Lessee shall use such matter in accordance with all Environmental Laws. (d) To not take any action or inaction that causes damage, deterioration, or waste of any kind to the Premises, whether structural or nonstructural, negligent or otherwise, other than normal wear and tear, and to perform such needed repairs, replacement or maintenance to the Premises as provided herein. In the event, Lessee's actions, inactions, negligent or otherwise, cause any damage, waste or deterioration to the Premises of any kind, structural or nonstructural, capital or noncapital, other than normal wear and tear, Lessee shall pay for the cost of such repair, restoration, or replacement to the Premises or portion of the Premises at Lessee's sole cost. Lessee agree to provide written notice to Lessor immediately upon discovery of any portion of the Premises needing repair, replacement or maintenance, in order that Lessor may determine, in its sole discretion, whether it elects to effect any repair, replacement, or maintenance to the Premises. Lessee agrees that Lessor is not obligated to affect any repair, replacement or maintenance to the Premises of any kind. (e) In the event Lessee vacates or abandons the Premises for more than sixty (60) days, or the Agreement is not renewed, Lessee agrees that it will pay for the cost of demolition of the Building, and removal of the underground storage tanks or any other fixtures, so that the Premises is restored to the unimproved condition as it existed in 1968, upon written demand by Lessor, such demand to be provided no later than one year from the date that the Agreement is not renewed, or Lessee vacates the Premises, or Lessee ceases business operations at the Premises. In the event Lessee does not demolish or remove such improvements, or otherwise restore the Premises to an i unimproved condition as it existed in 1968, Lessor may remove, demolish or otherwise restore the Property and bill Lessee for the cost and expense, which Lessee agrees to pay. 8. Utilities. Lessee shall promptly pay all fuel, water, gas, sewage, electricity, lighting, and other bills as the same may become due, it being understood and agreed that the Lessee shall promptly make all required deposits for meters and utility services. Lessee shall provide for the payment of all utilities at its own expense. Lessor shall not be responsible for the payment of any utility bills. 9. Insurance. Lessee shall, at its sole expense, obtain and maintain during the life of this Agreement, the insurance policies required by this Section. Any required insurance policies shall be effective prior to the beginning date of this Agreement. The following policies and coverage's are required (a) Commercial General Liabiliri. Commercial General Liability insurance, written on an occurrence basis and including products /completed operations coverage, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Licensee's /should this be Lessee's actions under this Agreement. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence. (b) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth in Section 10 of this Agreement. (c) Tenant's insurance. Lessee shall, at its sole cost and expense, obtain and maintain during the life of this Agreement a property insurance policy written on an "all risk" basis insuring buildings, HVAC, and all of tenant's personal property, including, but not limited to, equipment, furniture, fixtures, furnishings, and leasehold improvements which are Lessee's responsibility, for not less than full replacement cost of such property. Lessee is responsible for and all deductibles and coinsurance penalties that may apply. All proceeds of such insurance shall be used to repair or replace tenant's property. Such insurance coverage shall include an amount equal to twelve months loss of rent coverage payable to the Lessor. (d) Workers' Compensation. Workers' Compensation insurance covering Licensee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work on the Premises. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the Contractor's insurance company shall waive rights of subrogation against the City, its 10 officers, employees, agents, volunteers and representatives. The insurance overages and amounts set forth in subsections (a), (b), (c) and (d) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the overages required by subsections (a), (b), (c) and (d), and it is further agreed that such statement shall be made a part of the certificate of insurance famished by Lessee to the City. All insurance shall meet the following requirements: (a) Lessee shall famish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. (b) Insurance cancellation will be in accordance with policy. (c) The required certificate or certificates of insurance shall time the City of Roanoke, its officers, employees, agents, volunteers and representatives as additional insured. (d) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. (e) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Agreement shall be authorized to do business in the Commonwealth of Virginia. 10, Indemnification. Lessee agrees and binds itself and its successors and assigns to indemnify, keep and bold the Lessor and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Lessee including: (a) Lessor's use of the Premises; (b) the exercise of any right or privilege granted by or under this Agreement; or (c) the failure, refusal or neglect of Lessee to perform any duty imposed upon or assumed by Lessee by or under this Agreement or by applicable law. In the event that any suit or proceeding shall be brought against the Lessor or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with Lessee 11 on account thereof, Lessee, upon notice given to it by the Lessor or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the Lessor or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the Lessor or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Lessee, then Lessee will pay such settlement orjudgment in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the City or any of its officers, employees, agents, volunteers or representatives harmless there from. 11. United States Requirements. This Lease and Agreement shall be subject and subordinate to the provisions of any existing or future lease between the Lessor and the United States relative to the operation, improvement or maintenance of the Roanoke - Blacksburg Regional Airport, the execution of which has been or may be required or permitted by the provisions of the Federal Airport Act of 1946, as amended, or any future act affecting the operation, improvement or maintenance of the Roanoke - Blacksburg Regional Airport, provided, however, that Lessor shall, to the extent permitted by law, use its best efforts to cause any such lease to include provisions protecting and preserving the rights of Lessee in and to the Premises and improvements thereon, and to compensation for the taking thereof, and payment for interference therewith and for damage thereto caused by such lease or by actions of the Lessor or the United States pursuant thereto. 12. Destruction of Premises. Lessee shall be responsible for insuring all real and personal property, equipment, and trade fixtures, and Lessee shall hold Lessor harmless for said items, if destroyed or damaged by fire or otherwise. (A) If the Premises are damaged or destroyed in whole or in part by fire or other casualty and the same can be repaired or restored within one hundred twenty (120) days from the date of the damage, Lessee shall repair the Premises within the said period, and rent shall not abate. 12 (B) In the event the Premises are damaged and destroyed and cannot be repaired or restored within one hundred twenty (120) days from the date of the damage, either Lessor or Lessee may terminate this Agreement by giving written notice to the other within ninety (90) days after the damage occurs, in which event this Agreement shall terminate, and rent shall abate in total from the date of such damage or destruction. If neither party elects to terminate this Agreement, Lessor shall proceed with due diligence to repair and restore the Premises and the rent shall abate in proportion to the extent Lessee is unable to conduct its business in a normal manner from the date of such damage or destruction. 13. Cancellation by Lessor. Lessor shall have the right upon written notice to Lessee to cancel this Lease and Agreement in its entirety, upon or after the happening of one or more of the following events, if said event or events shall then be continuing: (a) If Lessee shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking its reorganization or the readjustment of its indebtedness under the Federal Bankruptcy Laws or any other similar law or statute of the United States or any state or government, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of the property of Lessee; (b) If by order or decree of a court of competent jurisdiction Lessee shall be adjudged bankrupt or an order shall be made approving a petition seeking its reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy Laws or any other similar law or statute of the United States or any state or government, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of the property of Lessee; (c) If by or pursuant to any order of decree of any court or governmental authority, board, agency, or officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all of the property of Lessee for the benefit of creditors, provided that if such 13 order or decree be stayed or vacated within sixty (60) days after the entry thereof or during such longer period in which Lessee diligently and in good faith contests the same, any notice of cancellation shall be and become null, void and of no effect; (d) If Lessee shall fail to pay the rental charges or other money payments required by this instrument and such failure shall not be remedied within ten (10) days following mailing by Lessor of written demand for Lessee so to do; (e) If Lessee shall default in fulfilling any of the terms, covenants or conditions other than the payment of rent to be fulfilled by it hereunder and shall fail to remedy said default within thirty (30) days following mailing by Lessor of written demand for Lessee so to do; (f) If Lessee shall abandon any of the premises leased to it hereunder for a continuous period of sixty (60) days at any one time except when such abandonment be caused by fire, earthquake, war, strike or other calamity beyond Lessee's control; (g) If Lessor shall determine, at any time during the term hereof, that is reasonably necessary to utilize the Premises for Airport expansion and development purposes, Lessor may cancel this Lease and Agreement upon one hundred and eighty (180) days written notice to Lessee, and Lessor shall have no obligations to Lessee by reason of such cancellation. In the event of any cancellation or termination of this Lease and Agreement by Lessor under any of the circumstances specified in this section, all fixed improvements erected or installed in or upon the Premises by Lessee shall become the absolute property of Lessor, as if this Lease and Agreement bad expired by lapse of time. Lessor reserves the right to take any action at law or equity against Lessee to enforce Lessor's rights under this Agreement. 14. Cancellation by Lessee. Lessee shall have the right, upon written notice to Lessor, to cancel this Lease and Agreement in its entirety upon or after the happening of one or more of the following events, if said event or events shall then be continuing: 14 (a) The default of Lessor in the performance of any of the terms, covenants or conditions to be fulfilled by it under this instrument and the failure of Lessor to cure such default within a period of thirty (30) days following receipt of written demand from Lessee so to do; (b) The inability of Lessee to conduct its business at the Airport in substantially the same manner and to the same extent as theretofore conducted, for a period of at least ninety (90) days, because of (i) any law, or (ii) any rule, order, judgment, decree, regulation or other action or non - action of any governmental authority, board, agency or officer having jurisdiction thereof, (c) If the fixed improvements placed upon the Premises shall be totally destroyed, or so extensively damaged that it would be impracticable or uneconomical to restore the same to their previous condition as to which Lessee shall be the sole judge. In any such case, the proceeds of insurance, if any, payable by reason of such loss shall be apportioned between Lessor and Lessee, Lessor receiving the same proportion of such proceeds as the then expired portion of the full lease term bears to ten (10) years, and Lessee receiving the balance thereof. If the damage shall result from an insurable cause and shall be only partial and such that the said fixed improvements can be restored to their prior condition within a reasonable time, then Lessee shall restore the same with reasonable promptness, and shall be entitled to receive and apply the proceeds of any insurance covering such loss to said restoration, in which event this Agreement shall not be canceled but shall continue in full force and effect, and in such case any excess thereof shall belong to Lessee; (d) In the event of destruction of all or a material portion of the Airport or the Airport facilities, or in the event that any agency or instrumentality of the United States Government, the State or local government shall occupy the Airport or a substantial part thereof, or in the event of military mobilization or public emergency wherein there is a curtailment, either by executive decree or legislative action, of normal civilian traffic at the Airport or of the use of motor vehicles or airplanes by the general public, or a limitation of the supply of automobiles or of automotive fuel, 15 supplies, or parts for general public use, and any of said events shall result in material interference with Lessee's normal business operations or substantial diminution of Lessee's gross revenue from its automobile rental concession at the Airport, continuing for a period in excess of thirty (30) days; (e) In the event that at any time prior to or during the term of this Agreement, Lessee's presently existing privileges to operate an automobile rental concession at the Airport shall be terminated and not renewed; (f) The taking of the whole or any part of the Premises by the exercise of any right of condemnation or eminent domain; and (g) In the event the majority of scheduled passenger flights shall be moved to another airport serving the greater Roanoke area, or the existing terminal building is relocated to an area more than two (2) miles from the Premises as measured over existing or future vehicular roadways. 15. Assignment. Lessee shall not assign or transfer this Agreement in whole or in part, lease or license the Property or any part thereof without the prior written consent of Lessor, which consent shall not be unreasonably withheld. If consent to assign lease or license is given, no such assignment or license shall in any way release or relieve Lessee from any of its covenants or undertakings contained in this Agreement, and Lessee shall remain liable on this Lease during the term thereof. 16. Notices. Notices given under the terms of this Agreement shall be deemed properly served if such notice is mailed by Certified United States Mail, Return Receipt Requested; if to City addressed to the Director of Economic Development, 117 Church Avenue, SW, Roanoke, Virginia 24011 and if to Lessee, addressed to Simon Ellis, Vice President, Global Real Estate & Concessions. Notices mailed in accordance with the provisions hereto shall be deemed to have been given as of the date of receipt or the third business day following the date of such mailing, whichever date is earlier. 17. Lessee's Obligation to Ouit Premises. Lessee shall, upon the expiration or 16 termination of this Lease, peaceably quit and deliver to Lessor possession of the Premises in the same condition as of the date of commencement, normal wear and tear and damage caused by fire or natural disaster excepted, and shall promptly clean up and remove all personal property and non- fixture items on the Premises in addition to other requirements that may be required of Lessee by this Agreement. 18. Peaceful Eniovment. Lessor covenants and agrees that if and so long as Lessee shall pay the rent called for under this Lease as the same shall become due and shall keep all the covenants and agreements required by it to be kept during the Lease and shall perform all its other obligations hereunder, Lessee shall have the peaceful and quiet occupation and enjoyment of the Premises. 19. Liens. Lessee shall cause to be removed any and all liens of any nature arising out of or because of any construction performed by Lessee or any of its contractors or subcontractors upon the Demised Premises or arising out of or because of the performance of any work or labor upon or the furnishing of any materials for use at said premises, by or at the direction of lessee. 20. Force Maieure. The obligations of the parties hereunder shall be subject to force majeure (which shall include lawful strikes, riots, floods, accidents, Acts of God, and other causes or circumstances beyond the control of the party claiming such force majeure as an excuse) for nonperformance of such obligations. 21. Eminent domain. Eminent domain proceedings resulting in the condemnation of part of the Premises that leave the rest usable by Lessee for the purposes of the business for which the Premises are leased will not terminate this Lease, unless Lessee at its option terminates it by giving written notice of termination to the other party. The effect of such condemnation, should such option not be exercised, will be to terminate the Lease as to the portion of the Premises condemned and leave it in effect as to the remainder of the Premises, and the rent and utilities and charges fee provided for herein shall be adjusted accordingly. Compensation awarded as a result of such 17 condemnation shall be that of Lessor, except to the extent that part of the award is allocated and specifically identified as damages for the value of Lessee's leasehold estate, its trade fixtures or to relocation costs. Lessor agrees not to use its power of eminent domain to take all or any portion of the Premises. 22. Taxes and Assessments. Lessee agrees that it will be responsible for the payment of any leasehold taxes or other legal taxes, charges or assessments imposed by virtue of its occupancy of the Premises. 23. No Broker. The parties covenant that this Lease Agreement was directly negotiated between them and no broker was involved in bringing about this Agreement. No claim of a broker's fee shall be made against either party. 24. Memorandum of Lease — Recordin¢. The parties agree that in the event either party hereto shall desire to file this Lease of record, the parties hereto shall forthwith cause to be prepared, and shall thereafter execute, a memorandum of this Lease in the form prescribed by statute, which memorandum, and not this Lease, shall then be so filed for record. 25. Waiver of Subroeation. Each of the parties to this Agreement hereby waives all causes of action and rights of recovery against the other party, and their respective heirs, administrators, successors, officers, employees, agents and assigns for any loss or damage occurring to the Premises, or the improvements, fixtures, merchandise and personal property of every kind located in and about the Premises resulting from any perils covered by insurance regardless of cause or origin, including the negligence of either party, their respective heirs, administrators, successors, officers, employees, agents and assigns to the extent of any recovery under a policy or policies of insurance. To the extent necessary to effect the foregoing waiver of subrogation, each of the parties agree to obtain from their respective insurance carriers endorsements to such policies of insurance waiving the right of subrogation of the insurance carrier. 18 27. Completeness of Agreement. This document constitutes the entire agreement between the parties and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. No changes or modifications of any of the covenants, terms or conditions hereof shall be valid unless in writing and signed by authorized officers of the parties hereto. IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and year first above written by their authorized representatives. Approved as to Form: Assistant City Attorney LESSOR: CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation By Sherman M. Stovall, Acting City Manager LESSEE: THE HERTZ CORPORATION By Simon Ellis Printed Name: Approved as to Execution: Assistant City Attorney 19 The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL, ACTING RKE CITY MGR 456 NOEL C TAYLOR MUNICIPAL BLDG 215 CHURCH AVENUE SW ROANOKE, VA 24011 Account Number 6017304 Data August 11, 2017 Cate Cslegory Descnp8on Ad see Total Cost 08/17/2017 Legal Notices NOTICE OF PUBLIC HEARING The Ci1V of Roanoke , Qty 1 1 x631 ----------------- 35728 I NOTICE OF PUBLIC HEARING The Chl bf ewnoke VGes I Gropes.. e ion.. Pparva„Imate is .6...f spasm feet of cur, ad prapefty I ... red at p oreelside Cird.. N W., nose. .Vs. and formeN)ry In— asnl G I:yin i:all••laopentyt" 1. devil,, n1ed a ORICIaI Tna Map o. asso122, to Thc .."I cprmem".. C an. -).. ho 6. usaa 0i,ina facifly In connertlan with N.N.. ss. m ag renfl flue d e ins _rhowtnano oc Mr, ., °..." sees. AN wItma and hire: a era dare to appear roars In IN. °oeo.d ,nano, . to . seas twerspnde tlonado b'a's hea,inp. Oiease...iect the <IW .1.1.'s olio n Tltiue., go 0 9 si 12 tar. 13 OO GIVEN under My hand this Ilm daY of Auamt ID11. [ephanle M. MOan..ynold MMC Clry Clers cs.2mo 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: 061112017 The First insertion being given ... 08/11/Y017 Newspaper reference: 0000587505 Zt Bi ipresentative Sworn to and subscribed before ma this Friday, August 11. 2017 V V V Notary Pu �c`O1pliE SEgr. State of Virginia ao City/County of Roanoke p ' ` REGSWRONN0. ` My Commission expires U' ,_ frc S QnES; THIS IS NOT A BILL. PLEASE PAY FROM INVOICE THANK YOU PUB�\G t� NOTICE OF PUBLIC HEARING The City of Roanoke ( "City ") proposes to lease approximately 86,501 square feet of City owned property located at 5550 Precision Circle, N.W., Roanoke, Virginia, and formerly known as 1302 Municipal Road, N.W., Roanoke, Virginia ("Property "), designated as Official Tax Map No. 6640123, to The Hertz Corporation ( "Hertz "). to be used as a maintenance, storage and servicing facility in connection with Hertz's automobile renting and leasing business, for a term of five (5) years, commencing October 1, 2017. Pursuant to the requirements of Sections 15.2- 1800(B) and 15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, August 21, 2017, commencing at 7:00 p.m., or as soon as the matter may be heard, in the Council Chamber, 4`s Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Copies of the proposed Lease Agreement and the proposed ordinance will be available at the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on and after Friday, August 11, 2017. For further information on the matter, you may contact the Office of the City Clerk at (540)853- 2541. All parties and interested entities may appear on the above date and time to be heard on the above 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 12:00 noon on Thursday, August 17 2017. GIVEN under my hand this 11th day of August, 2017. PI I Nolicc Laze —Hcry (tarp (8- 2117) Stephanie M. Moon Reynolds, MMC City Clerk. Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Friday, August 11, 2017 Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 4'h Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Phone: (540) 853-2541 Send Invoice to Sherman Stovall, Acting City Manager 3" Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853-2333 PH Notice- Lease— I [eM, Cory (8- 21 -17) IN THE COUNCIL OF TI IF. Cl fY OF ROANOKE, VIRGINIA The 21st day of August, 2017. No. 40942- 082117. AN ORDINANCE, authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property ( "Contract ") between the City of Roanoke, Virginia ( "City "), and Shenandoah Telecommunications Company, a Virginia corporation, and its subsidiaries or affiliates that may be created to own and /or operate the Property described herein ( "Buyer "), to sell to Buyer an approximately 0.1546 acre parcel of City -owned property located at Carver Avenue, N.E., Roanoke, Virginia, which parcel consists of City -owned property designated as Official Tax Map No. 2041816, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on August 21, 2017, pursuant to Section 15.2- 1800 and Section 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Councit of the City of Roanoke as follows: The City Manager is hereby authorized on behalf of the City to execute a sales Contract, substantially similar to the Contract attached to the City Council Agenda Report to this Council dated August 21, 2017, to sell to Buyer an approximately 0.1546 acre parcel of City- owned property, located at Carver Avenue, N.E., Roanoke, Virginia, which parcel is designated as Official Tax Map No. 2041816 ( "Property ") for the purchase price of $9,300, upon certain terms and conditions; for the purposes of Buyer constructing an equipment building on the Property for storage mid operation of its telecommunications network and related facilities, O -MMt ,,. eonleaol between City and SLenlel -Carver AVaTM2041816(82117) which may include, without limitation, a back -up generator, upon such terms and conditions as more particularly set forth in the above - mentioned Agenda Report. 2. The City Manager is further authorized to execute such further documents, including a Special Warranty Deed of Conveyance for the transfer of the Property to the Buyer in accordance with the terms of the Contract, and take such further actions as may be necessary to implement, administer, and enforce the Contract, and complete the sale and transfer of the Property to the Buyer. 3. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by the Buyer pursuant to the Contract which obligations include, but are not limited to, Buyer commencing construction activity with 3 months of Closing, and substantially completing construction no later than 12 months after the closing date. 4. The form of the documents referred to above and in the Agenda Report are to be approved by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. 4Anthanze oanveet between City and ShentdLztver Ave- TM2041816 (R 21 .17) 2 eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 2017 Subject: Sale of Approximately 0.1546 Acres of City -owned Property Located on Carver Avenue, N.E. Background The City of Roanoke is proposing to sell approximately 0.1546 acres of land located on Carver Avenue, N.E., bearing Official Tax Map Number 2041816, (Property) to Shenandoah Telecommunications Company, a Virginia Corporation, (Buyer). The attached proposed Contract for Purchase and Sale of Real Property (Contract) contains the terms and conditions under which the City will convey the Property to Buyer and the performance conditions which the Buyer must satisfy. Buyer will have a 90 day due diligence period after the execution of the Contract and shall not be obligated to purchase the property without successfully obtaining a final approval from the City of Roanoke to rezone the Property to an appropriate zoning district that permits, as a matter of right, the construction of the use contemplated by the Contract. Under no circumstances would the Closing on the Property sale take place later than December 31 , 2017. Buyer agrees to commence construction activity no later than three (3) months after the closing date; complete construction activities by twelve (12) months after the closing date; and provide the City with written status reports due on the 11, day of the month for January, April, July, and October subsequent to closing and until completion. Buyer will not sell, transfer, or otherwise dispose of the Property or any portion of interest thereof until the Property has been completely developed and the Buyer has received a permanent certificate of occupancy. Considerations: The Buyer proposes to pay $9,300 for the Property in order to construct a communications equipment building as part of its telecommunications network. Buyer anticipates investing $330,000 in the building and equipment. The purchase price is equivalent to $60,155 per acre, which is similar to the amount paid to the City for other property previously sold in this area (Haley Toyota.) ecommended Action: Absent comments at the public hearing needing further consideration, approve the attached ordinance authorizing the Acting City Manager to execute a contract substantially similar to the one attached to this Report, and to execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such contract. All documents are subject to the approval as to form by the City Attorney. Sherman M. Stovall Acting City Manager Attachment: Proposed contract Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Barbara A. Dameron, Director of Finance Wayne Bowers, Director of Economic Development DRAI''f DA TL 07.06 20171 CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property (Contract) is dated , 2017, by and between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation ( "Seller" or "City"), and SHENANDOAH TELECOMMUNICATIONS COMPANY, a Virginia corporation ( "Parent "), and its subsidiaries or affiliates that may be created to own and/or operate the Property described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and the Subsidiaries together, jointly and severally, are the "Buyer "). RECITALS: WHEREAS, Seller is the owner in fee simple of certain real property located at Carver Avenue, N.E., Roanoke, Virginia 24012, Official Tax Map No. 2041816, containing approximately 0.1546 acres, together with all improvements thereon, as shown and described more particularly in Section 1 of this Contract ( "Property"); WHEREAS, Seller is desirous of selling the Property to Buyer and Buyer is desirous of acquiring such Property for the purposes of constructing an equipment building on the Property for storage and operation of its telecommunications network and related facilities, which may include, without limitation, a back -up generator ( "Contemplated Use "); WHEREAS, the Property has an assessed value of $21,600, and Seller will sell the Property to Buyer for the sum of $9,300, a price less than the assessed value provided Buyer fully complies with all terms and conditions as set forth in this Contract and, if Buyer fails to comply with such terms and conditions, Buyer shall be liable to Seller for remedies set forth hereinafter or for such other remedies available to Seller as set forth in this Contract or by law; THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth in this Contract including the Recitals above, which Recitals are incorporated herein and made a part of this Contract and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, Seller and Buyer hereby agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifics or requires, for the purpose of this Contract, the following terms shall have the meanings set forth in this Section: Closing: The consummation of this Contract by Seller's delivery of a Special Warranty Deed to the Property to Buyer. Closing Date: The date provided for in Section 11 hereof for the Closing. Cw.t foe Sale (07.062017) t1 1,11) 1 DRAFT DA I k: 07.062017) Construction Activity: The receipt of all Permits and Approvals and the initiation of site work on the Property by Buyer. Commencement Date: The date on which Buyer certifies in writing to Seller that Buyer has commenced Construction Activity to the reasonable satisfaction of Seller, which date shall be no later than 3 months after the Closing Date. Contemplated Use: The development of the Property by Buyer for the purpose of described in the Recitals to this Contract. Days: Unless otherwise stated, this term means consecutive calendar days. Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, this Contract, the Restrictive Covenant, and as set forth in the Title Commitment. The Deed shall also be subject to all obligations of Buyer under the terms of this Contract. Deposit: The sum of One Thousand Dollars ($1,000.00) paid by Buyer as a deposit for the Purchase Price. The Deposit shall be held by Seller in a non - interest bearing account maintained by the City Treasurer and shall be applied to the Purchase Price at Closing, or otherwise retained by Seller or returned to Buyer in accordance with the terms of this Contract. Governmental Authority: Governmental Authority means the United States of America, the Commonwealth of Virginia, any other state of the United States, the City, any Federal, state, regional, or local body, commission, or agency having jurisdiction with respect to the construction, development, occupancy, use, and operation of the Property as contemplated in the Project. Permits and Approvals: All permits, approvals, consents, and authorizations issued by a Governmental Authority that are required for the construction, and use of the Property as contemplated in the Project, all such permits, approvals, consents, and authorization having been finally issued and subject to no condition unacceptable to Buyer and subject to no appeal. Project: Development of the Property for the Contemplated Use. Property: The real property located at Carver Avenue, N.E., N.W., Roanoke, Virginia 24012, designated as Official Tax Map No. 2041816, and containing approximately 0.1546 acres, together with all improvements thereon. The Property is described as a portion of the property conveyed to Seller by deed of Fred C. Ellis, dated January 22, 2002, and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia as Instrument No. 020001410. The description of the Property may be amended to reflect the description established by survey in the event that Buyer has the Property surveyed prior to Closing. Comma for Sale (09.06.2017) a Irm0 2 DRAfI DATH: 07.06.1-017) Purchase Price: The sum of $9,300.00 to be paid by Buyer for the acquisition of the Property from Seller. Restrictive Covenant: The restrictions in the Deed that require Buyer to perform all obligations of Buyer as set forth in Section 43 of this Contract and the rights and of Seller. Conformance: Development of the Property by Buyer in accordance with the Contemplated Use and where a final certificate of occupancy has been issued to Buyer from the City of Roanoke Department of Planning, Building and Development for the Project. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company. Title Comnanv: Any nationally recognized title insurance company acceptable to Buyer. SECTION 2. PURCHASE AND SALE OF PROPERTY. A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase, the Property from Seller, upon all the terms, covenants, and conditions set forth in this Contract. B. The purchase price for the Property ( "Purchase Price ") shall be Nine Thousand Three Hundred Dollars ($9,300.00) payable in cash or certified check from Buyer to Seller at Closing, together with the other obligations of Buyer as set forth in this Contract. Upon execution of this Contract, Buyer shall pay the Deposit to Seller. SECTION 3. CONDITIONS PRIOR TO CLOSING A. I As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, Seller, as of the Closing, shall have complied with Seller's representations and warranties in Section 10 of this Contract, the fulfillment to Buyer's reasonable satisfaction of Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 11, Buyer shall have obtained all Permits and Approvals, and Buyer shall be satisfied with the results of its due diligence and inspections undertaken pursuant to Section 16. 2. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, Buyer shall have obtained final approval to rezone the Property to an appropriate Contact for Salc (07.062017) t( -0 DRATT DAft: ozoc 2017) zoning district that permits, as a matter of right, the construction of the Project and the operation of the Contemplated Use on the Property. Buyer shall initiate such proceedings within thirty (30) Days after execution of this Contract and diligently pursue such approval. 3. As a condition precedent to Seller's obligation to sell the Property or otherwise to perform any obligations provided for in this Contract, Buyer, as of the Closing, shall have complied with Buyer's obligations, representations, and warranties in this Contract. B. Buyer and /or Seller may, at any time on or before the Closing Date, at its respective election, waive in writing any of the other party's conditions precedent referenced in this Section 3, and Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all such conditions precedent. C. In the event that the Closing has not occurred, through no fault of Seller on or before the Closing Date, Seller, by written notice given to Buyer, shall provide Buyer with a ten (10) Day cure period from the Closing Date in which to deliver the Purchase Price and proceed with Closing. If Closing has not occurred within such additional time period through no fault of Seller, this Contract shall automatically be terminated without any further action. In the event of any termination as set forth in the preceding sentence, this Contract shall be deemed terminated and of no further force and effect and the Deposit shall be retained by Seller. In the event that the Closing has not occurred on or before the Closing Date through no fault of Buyer, Buyer, by written notice to Seller, shall provide Seller with a ten (10) Day cure period from the Closing Date in which to proceed with Closing. If Closing has not occurred within such additional time period through no fault of Buyer, this Contract shall automatically be terminated without any further action. In the event of any termination as set forth in the preceding sentence, this Contract shall be deemed terminated and of no further force and effect, and the Deposit shall be returned to Buyer. D. Upon the request of Seller, Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so requests, Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. Neither Buyer or the provider of the report makes any representations or warranties to Seller about such reports or opinions and Seller may not rely on such information. E. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times comply with all applicable federal, state, and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, ConW for Sale(090620V)t( a.,) DRAPT DA I'I:: OTW2017) representatives and consultants, prior to exercising any rights under this Section 3, shall obtain, at their cost, any and all Permits and Approvals for such work. SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS. A. Obligations at Closing. Seller's Obligations. At the Closing, Seller agrees to sell to Buyer the Property and deliver the Deed to Buyer in accordance with the terms of this Contract. 2. per's Obligations. Buyer agrees and promises that it will do and /or has done the following at Closing: 0 Buyer will purchase the Property from Seller for the Purchase Price and will make payment in accordance with the terms of this Contract. (ii) Buyer accepts the Property in an "AS IS" condition and acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract. Buyer agrees that Buyer is taking the Property without any warranties or representations from Seller (other than the warranties and representations set forth in Section 10 below) and that Buyer has had sufficient opportunities to fully examine the Property, and that Buyer shall comply with all environmental and other laws in developing the Property. (iii) Buyer shall promptly pay for all advertising costs and any related fees or costs connected with this Contract and/or the sale of the Property, including, but not limited to costs for any advertisement of required public hearing(s). Such payment shall be made directly to the entity providing the advertising or other service, or to the City, as the City may direct. (iv) Buyer agrees that the conditions and obligations of Buyer set forth in Section 4B under this Contract are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. Comram for Sale (00.062017) i� bxnl DRAFT DATE: OZOG 2017) B. Post - Closing Performance Obligations of Buyer. Buyer acknowledges and agrees that a part of the consideration for the Seller is the Buyer's commitment to develop the Project and the performance of this commitment. Buyer agrees to perform each of the following obligations in accordance with the terms and conditions set forth in this Contract. Buyer will develop the Property in accordance with the Project. Completion of this development shall be pursued diligently and timely by Buyer and Buyer shall be solely responsible for satisfying its obligations hereunder subject to delays caused by events set out in Section 31 of this Contract. TIME SHALL BE OF THE ESSENCE WITH RESPECT TO EACH AND EVERY OBLIGATION OF BUYER HEREUNDER. 2. Buyer shall commence Construction Activity by the Commencement Date to the reasonable satisfaction of Seller. For the purposes of this Contract, "Construction Activity" shall mean : Buyer has hired a contractor or contractors to construct and complete the Project and that such contractor(s) has obtained the required building permits and licenses and is actively working on the Project and will continue to do so, subject to delays caused by events set out in Section 31 of this Contract, without interruption, until the Project is completed. Failure to meet these requirements shall be a material breach of this Contract for which Seller shall have its remedies, at law or in equity, together with its remedies as set forth in Section 15.13 hereof. 3. All design, engineering, demolition, and construction work necessary to complete the Project shall be Substantially Completed by 12 months after the Closing Date. In the event that Buyer fails to Substantially Complete the Project in accordance with this Section, Buyer shall be in material breach of this Contract for which Seller shall have its remedies, at law or in equity, together with its remedies as set forth in Section 15.13 hereof. 4. All undisputed payments to contractors for the design, engineering, demolition, and construction work necessary to complete the Project in accordance with Buyer's Proposal in accordance with the Plans shall be paid by Buyer to all contractors and subcontractors within 60 days following Substantial Completion of the Project.. In the event that Buyer fails to make all payments to contractors and subcontractors in accordance with this Section, Buyer shall be in material breach of this Contract for which Seller shall have its remedies, at law or in equity, together with its remedies as set forth in Section 15.0 hereof. 5. Buyer shall file all appropriate and applicable real estate taxes, other taxes, stormwater utility fees, other fees assessed against owners of real property, and other tax forms or notices with the City and timely pay all such taxes Cmraa fov Sale (07.06201 ]) 1 lcaN DRAFT DAIF: 07.06,20 17) and fees to the City as of 12 months after the Closing Date. In the event that Buyer fails to file tax forms or notices or timely pay such taxes and fees in accordance with this Section, Buyer shall be in material breach of this Contract for which Seller shall have its remedies, at law or in equity, together with its remedies as set forth in Section 15.0 hereof. 6. Buyer agrees to and shall provide written progress reports (which may be by email) to the Seller's Assistant City Manager for Community Development four times a year, on the 1 st day of the months of January, April, July, and October subsequent to Closing and until Substantial Completion. Such progress reports shall provide the Seller with sufficient information regarding Buyer's status as to performance of Post - Closing activities to meet the terms of this Contract and to alert Seller to any issues, problems, or delays that Buyer has encountered or anticipates Buyer may encounter. 7. Buyer acknowledges and agrees that Buyer shall not sell, transfer, or otherwise dispose of the Property, any portion of the Property, or any interest in the Property, other than a deed of trust or mortgage in connection with the development and construction of the Project, until the Property has been developed completely in accordance with the Project, and a final, permanent certificate of occupancy issued by the City of Roanoke Department of Planning, Building and Development has been granted to Buyer for the Building developed on the Property pursuant to the Project (`Restrictive Covenant "). If Buyer conveys, transfers, or attempts to convey or transfer the Property prior to Substantial Completion of the Project, any portion of the Property, or any interest in the Property, such conveyance shall be deemed void, of no force or effect, and a breach of this Contract. Seller shall have the remedies set forth in Section 15 B of this Contract for such breach. Any deed of trust shall be expressly subordinate to the rights and remedies of Seller set forth in this Contract. Notwithstanding any of the foregoing, there shall be no restriction on Buyer transferring the Property or any interest therein at any time to any wholly owned subsidiary of Buyer, subject to the terms of this Contract. C. Obligations Survive Closina, Buyer agrees that the conditions and obligations of Buyer under Section 4B of this Contract are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. These conditions and obligations of the Buyer which survive the Closing shall run with the land. Upon the written request of Buyer after satisfaction of one or more conditions or obligations by Buyer which survived the Closing, the City shall verify satisfaction of such conditions or obligations by Buyer and, upon verification, the City Contract for Salc(07.06.2017)i1 cr) DRAT, I DA I L: 07,06?017) shall execute and deliver to Buyer a document in which the City acknowledges the satisfaction of such conditions or obligations of the Buyer which survived the Closing. Such document shall be in a form suitable for recording in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. The form of the document shall be approved by the City Attorney and shall acknowledge satisfaction of only those conditions or obligations of Buyer specifically set forth in such document and shall further provide that all other conditions and obligations of Buyer (except for those previously satisfied and acknowledged by the City in writing) remain in full force and effect. If requested by Buyer, the City shall provide a separate document following the satisfaction of each condition or obligation of the Buyer hereunder. The Buyer shall be responsible for the costs of recording each such document. SECTION 5. COMPLIANCE WITH LAWS. Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. Buyer further agrees that Buyer does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. SECTION 6. ASSIGNMENT. Buyer agrees not to assign or transfer any part of this Contract without the prior written consent of Seller, which will not be unreasonably withheld, and any such assignment shall not relieve Buyer from any of its obligations under this Contract; provided that Parent may close the acquisition of the Property through, or transfer the Property to, a wholly owned Subsidiary without Seller's consent; provided, further, the Parent shall provide Seller notice of such assignment to a wholly owned Subsidiary ten (10) Days before such assignment is effective. The Parent and the Subsidiary shall be jointly and severally liable as Buyer. SECTION 7. INDEMNITY. Buyer agrees to indemnify and hold harmless Seller and its officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of Buyer or its agents, employees, contractors, or representatives arising out of or connected in any way to any of the matters involved in this Contract or any performance thereunder. Buyer's indemnity obligations hereunder shall be subject to the provisions of Section 16(B)(3) of this Contract. Contract torSale (07,062017) (( DR.API DATE: 07.06,2017) SECTION S. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. SECTION 9. EASEMENTS. Buyer promises and agrees to grant and dedicate to Seller and/or the Western Virginia Water Authority, at any time before Substantial Completion, all reasonably necessary easements on Buyer's Property for the construction of infrastructure improvements needed for or benefiting the Property and which easements are necessary to and benefitting the development of the Project in accordance with Buyer's Proposal, including, but not limited to, storm drainage, sanitary sewers, and/or water, all at no cost to the Seller and /or the Western Virginia Water Authority. SECTION 10. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract, Seller warrants and represents that Seller will, in accordance with this Contract, convey title to the Property in an AS IS condition and subject to any items of record. B. Seller further represents and warrants with respect to the Property that: Title. Seller has title to the Property subject to any restrictions of record. Seller is the sole owner of the Property. 2. Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of access thereto. 3. Taxes. Seller has heretofore paid any taxes due and owing with respect to the Property, and has no knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the Property or any part thereof. Contmq far Sale (0].062017) «Icnn] DRM I DATE: 07.06.'_017) 4. Hazardous Materials. Seller makes no warranties or representations of any type regarding hazardous materials of any type. 5. No Leases. There are no leases of the Property. 6. Access. Ingress to and egress from the Property is available and provided through Carver Avenue, N.E., SECTION II. TITLE AND CLOSING. A. Title to the Property shall be conveyed by Seller to Buyer by Deed subject to the following: 1. Ad valorem real property taxes and stomiwater utility fees for the current year, not yet due and payable; 2. The Restrictive Covenant; 3. Those other matters of title to which Buyer has not objected to in writing; 4. Those matters reflected on the survey, if prepared by Buyer, to which Buyer has not objected to in writing, or, in the event that Buyer does not perform a survey prior to Closing, all matters that would be revealed by an accurate ground survey of the Property; 5. Easements, encumbrances, encroachments, and other restrictions of record as of the date of execution of this Contract; and 6. Other standard exceptions contained in a Title Policy as defined in Section 11(B) below. B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue, upon payment of its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy ") insuring Buyer in the amount of the Purchase Price in respect to the Property and that title to the Property is vested in Buyer subject only to the Conditions of Title. C. Buyer and Seller shall consummate and complete the Closing of this transaction no sooner than thirty (30) days but no later than sixty (60) days after satisfaction of all conditions set forth in Section 3. Buyer shall designate the specific date on which the Closing shall occur within such period set forth above at least ten (10) business days prior to the Closing Date. Under no circumstance shall the Closing occur later than December 31, 2017, unless Seller grants further extension periods. Con rret for Sale (07.062017) (( 1—i 1 10 DRAFT DAM-:: 07.W2017) D. The Closing shall be at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by Buyer and Seller. On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: a) Its duly executed and acknowledged Deed conveying to Buyer the Property in accordance with the provisions of this Contract; b) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty -five (125) days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; C) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by Seller, as may reasonably be required by the Title Company evidencing the authority of the persons) executing the various documents on behalf of Seller in connection with its sale of the Property; d) A duly executed counterpart of a Closing Statement; and e) Any other items required to be delivered pursuant to this Contract or other items reasonably required by the Title Company and that do not include the payment of money, indemnity, or assumption of any liability or obligation. E. At Closing, real property taxes (if any), and stormwater utility fees shall be prorated with Buyer being responsible for all periods thereafter. F. Buyer shall pay for (i) the cost of all investigations of the Property including but not limited to examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if any. H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract. Coronet for Sale (09 06 2017) t( I.xn1 I I DRAFT D A I I:: 07.062017) SECTION 12. CONDEMNATION Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if, after the date hereof and prior to the Closing Date, all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no further force and effect. If no such election is made by Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 13. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if such Toss is the result of acts or omissions of Buyer or Buyer's employees, agents, contractors, or representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if the Property is substantially damaged or destroyed before Closing by such casualty, then either party may cancel this Contract by giving the other party thirty (30) days written notice of such cancellation and neither party will have any further obligations to the other and Seller shall not be liable to Buyer for any failure to deliver the Property to Buyer. SECTION 14. COMMISSIONS. Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. Seller and Buyer warrant and represent that no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. Buyer agrees to indemnify Seller against and to hold it harmless from any claim, loss, cost, or expense, including, without limitation, attorneys' fees, resulting from any claim for a commission, finder's fee, or other compensation by any person or entity based upon such contacts or understandings. SECTION 15. REMEDIES. A. In the event Buyer shall have fully performed or tendered performance of its duties and obligations hereunder, but Seller fails to perform any of its duties or Contmet for Sale (0] 062017) M1 l-,1 12 DRAh' FDA "fh_ 07.06.2017) responsibilities in accordance with the terms and provisions hereof, Buyer's sole and exclusive remedy shall be an equitable suit to enforce specific performance of such duties or responsibilities. Any and all other remedies otherwise available to Buyer, at law or in equity, are hereby expressly waived by the Buyer except as otherwise specifically stated in this Contract. B. In the event of a breach of the Restrictive Covenant as set forth in Section 4 B. 7 of this Contract, the attempted conveyance shall be deemed void and of no effect and Buyer shall pay to Seller liquidated damages in the amount of One Thousand Dollars ($1,000.00). Buyer hereby waives any defense as to the validity of any liquidated damages stated herein on the grounds that such liquidated damages could be void as penalties or are not reasonably related to actual damages incurred by Seller in enforcing the Restrictive Covenant. C. If Buyer fails to comply with any of the terms and conditions, or any of Buyer's obligations, of this Contract, Seller may retain the Deposit and enforce any and/or all remedies available to Seller under this Contract or by law, including, but not limited to termination of this Contract, and all such remedies as may be allowed by law or in equity. SECTION 16. RIGHT OF ENTRY AND INSPECTION PERIOD, A. Buyer shall have ninety (90) Days upon execution of this Contract to complete Buyer's due diligence review of the Property (Inspection Period) to determine if there are any issues that would prevent the Buyer's use of the Property. Should Buyer determine during such Inspection Period that it is not satisfied with the Property or any characteristics thereof for any reason whatsoever, in Buyer's sole and absolute discretion, Buyer may terminate this Contract by notifying the Seller in writing as soon as possible, but no later than ten (10) Days after the end of such Inspection Period, of Buyer's decision to terminate the Contract. In such case, this Contract shall thereupon be terminated and of no further force and effect, unless Seller and Buyer mutually agree to modify this Contract to address any such issues. Upon such termination, the Deposit shall be returned to Buyer. B. In connection with the Buyer's ability to conduct its due diligence review mentioned above the Seller hereby grants to Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter upon the Property at any time during the Inspection Period, upon two (2) working days prior written notice to the Seller, in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete Phase I and Phase II Environmental Assessments, or geotechnical assessments, or nondestructive engineering evaluations of the Property, and to store Buyer's property and equipment, upon the following terms and conditions: Coinrea for Sale (07 06 (Claaol 13 DRAFT DATE: 07.06.2017) 1. If the Buyer exceeds its rights granted under this Section or fails to obtain and maintain the insurance required by this Section 16, the Setter may immediately revoke this right of entry. 2. Buyer agrees to be responsible for any and all damages resulting from the activity or activities of Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on the Property in the exercise of the rights granted under this Section. Buyer shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section to a condition equal to that existing immediately prior to entry on the Property if Buyer does not purchase the Property. 3. Buyer agrees and binds itself and its successors and assigns to indemnify, keep and hold the Seller and its officers, agents, employees, volunteers, and representatives free and harmless from any and all liability, claims, causes of action, costs and damages of any type, including reasonable attorney's fees, on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Buyer in connection with this right of entry, including, but not limited to, Buyer's use of the Property in violation of any provision of this Contract, claims relating to the storage of property by Buyer on the Property, or the exercise of any right or privilege granted by or under this Section 16. In the event that any suit or proceeding shall be brought against the Seller or any of its officers, employees, agents, volunteers, or representatives, at law or in equity, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on account thereof, Buyer, upon notice given to it by the Seller or any of its officers, employees, agents, volunteers or representatives will pay all costs of defending the Seller or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the Seller or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, then Buyer will pay such settlement or judgment in full or will comply with such order or decree, pay all costs and expenses of whatsoever nature, including reasonable attorney's fees, and hold the Seller or any of its officers, employees, agents, volunteers or representatives harmless therefrom. Buyer's indemnity obligations hereunder are conditioned upon the indemnified party: (i) promptly notifying Comma for Sale (0].062017) ik caol 14 DRAFT DATE: 07.06.'_017) Buyer of any claim in writing; (it) cooperating with Buyer in the defense of the claim; and (iii) granting Buyer sole control of defense or settlement of the claim at the sole cost and expense of Buyer. 4. Buyer shall comply with, and shall require its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants to comply with, all applicable federal, state, and local laws, rules, and regulations. Buyer shall obtain, and shall require its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants to obtain, prior to exercising any rights under this Section 16 and any and all permits therefore at their expense. 5. Buyer shall, at its sole expense, obtain and maintain, or have its contractors or representatives obtain and maintain, the insurance set forth below. Any required insurance shall be effective prior to the beginning of any work or other performance by Buyer under this Section 16 of this Contract. The following policies and coverages are required: (i) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property. The minimum limits of liability for this coverage shall be $1,000,000 per occurrence, and $2,000,000 general aggregate. (ii) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering Buyer's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Section 16. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the insurance company shall waive rights of subrogation against the Seller, its officers, employees, agents, volunteers and representatives. (iv) Automobile Liability. The minimum limit of liability for Automobile Liability Insurance shall be $1,000,000 combined Cono-eG for Sale (09.06 2019) rtlaanl 15 DRAFT DAfH: 07.062017) single limit applicable to owned or non -owned vehicles used in the performance of any work under Section 16 of this Contract and shall be written on an occurrence basis. 6. The insurance coverages and amounts set forth above may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this Section, and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Buyer to the Seller. All insurance shall also meet the following requirements: Buyer shall furnish Seller appropriate documentation showing the type, amount, effective dates, and date of expiration of policies; certificates of insurance shall include any deductible amounts; that the City of Roanoke, its officers, employees, agents, volunteers, and representatives are named as additional insureds; where waiver of subrogation is required with respect to any policy or insurance required, such waiver shall be specified; insurance coverage shall be in a form and with an insurance company approved by Seller, which approval shall not be unreasonably withheld; and any insurance company providing coverage shall be authorized to do business in the Commonwealth of Virginia. Buyer shall provide the City's Risk Manager with not less than thirty (30) Days advance notice of cancellation or material alterationof any of the above required insurance coverage. SECTION 17. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: City of Roanoke, ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Fax No. 540- 853 -2333 Conuam foe Salc (07.062017) i1lcan] 16 DRAFT DA1 G 07.06 2017) With a Copy to: City of Roanoke Department of Economic Development ATTN: Economic Development Director 117 Church Avenue, S.W. Roanoke, VA 24011 Tax No. 540 -853 -1213 If to Buyer: Shenandoah Telecommunications Company 500 Shentel Way Edinburg, VA 22824 Attn: Director of Development With a Copy to: Shenandoah Telecommunications Company 500 Shentel Way Edinburg, VA 22824 Attn: General Counsel Tax No. 540- 984 -8192 OK Notice shall be deemed delivered upon the date of personal service, three days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. SECTION 18. TIME. Time is of the essence in the performance of the parties' respective obligations in this Contract. SECTION 19. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. SECTION 20. COUNTERPART COPIES. This Contract may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that all of the parties are not signatories to the same counterpart. SECTION 21. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. Contract for Sa1e(07.062017)11l and 17 DRAT I' DATG: 07.062017) SECTION 22. SEVERABILITY AND SURVIVAL. If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect. The parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions we deemed not enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. The indemnity obligations of Buyer shall survive the Closing. SECTION 23. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. SECTION 24. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. SECTION 25. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the non - defaulting party from requiring the defaulting party to comply with all the terms and conditions of this Contract and does not bar the non - defaulting party from asserting any and all rights and /or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 26. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.4343.1, be advised that the City does not discriminate against faith -based organizations. SECTION 27. CONFLICT BETWEEN OTHER DOCUMENTS AND CONTRACT TERMS. Seller and Buyer agree that the provisions of any other documents provided by Buyer to Seller are intended to be consistent with the terms of this Contract. However, if any of Buyer - supplied documents are in conflict with the terms of this Contract, the parties agree that the terms of this Contract shall control, unless the parties mutually agree otherwise in a writing signed by both parties. Contract fo, Sale (07 06 2017) (l ,a,) 18 DRAFT DAL E: 07.06.2017) SECTION 28. NONDISCRIMINATION. During the performance of this Contract, Buyer agrees as follows: A. Buyer 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 Buyer. Buyer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. Buyer in all solicitations or advertisements for employees placed by or on behalf of Buyer will state that Buyer is an equal opportunity employer. C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. D. Buyer will include the provisions of the foregoing in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. SECTION 29. DRUG -FREE WORKPLACE. During the performance of this Contract, Buyer agrees to (i) provide a drug -free workplace for Buyer's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Buyer that Buyer maintains a drug -free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug -free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. C.M.t far Sale (07.06201 7) It Wn "] 19 DRAf'f DATE: 07.0620 17) Buyer shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Buyer shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Contract. Seller may void the Contract if Buyer fails to remain in compliance with the provisions of this section. SECTION 31. FORCE MAJEURE. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Contract if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of common enemy, the elements, earthquakes, floods, fires, epidemics, riots, strikes, failures or delay in transportation or communication, shortages of material, approval delays or any act or failure to act by the other party or such other party's employees, agents or contractors; provided, however, that lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The Parties shall promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Agreement. For purposes of this Contract, any one (1) delay caused by any such occurrence shall not be deemed to last longer than four (4) months and the party claiming delay caused by any and all such occurrences shall give the other party written notice of the same within 30 days after the date such claiming party learns of or reasonably should have known of such occurrence. Notwithstanding anything else set forth above, after a total of six (6) months of delays of any type have been claimed by a party as being subject to force majeure, no further delays or claims of any type shall be claimed by such party as being subject to force majeure and/or being an excusable delay. SECTION 32. ENTIRE CONTRACT. This Contract, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda, or contracts are replaced in total by this Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the appropriate parties. Contract for sale (07,06,20 17) 1 l;ar0 20 DRAFT DATE 07.063017) IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk By Sherman M. Stovall, Acting City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit The foregoing instrument was acknowledged before me this _day of , 2017, by Sherman M. Stovall, 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: SHENANDOAH TELECOMMUNICATIONS COMPANY on behalf of itself and its subsidiaries and and affiliates that may be created to own and /or operate the Property By COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this _day of , 2017, by , the duly authorized , of Shenandoah Telecommunications Company, a Virginia corporation, for and on behalf of Shenandoah Telecommunications Company. My commission expires: Notary SEAL Convaa for Sale (07 06 2on) (rleam 21 DR.AF I DA It:: 07.06 20171 Approved as to Form: Approved as to Execution: City Attorney Assistant City Attorney Authorized by Ordinance No. Com,ml for Sale (07061017) n level 22 The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL, ACTING RKE CITY MGR 456 NOEL C. TAYLOR MUNICIPAL BLDG 215 CHURCH AVENUE SW ROANOKE, VA 24011 Account Number 6017304 Date Augusl14,2017 Date Category Description Ad Size Total Cast 08/20/2017 Legal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirement 1x64L 361.84 NOTICE OF PUBLIC HEARING ropy of he p sea Conva=x and Ordinance w ..liable at [ om— ROOe 1a. Noel c T nloipal 6nuam9, uff Chu.ch menuer a .... ke. V a. 3<Otl, o antl inforrnanan n 6 o art the Office of the Crlty Clerk nu one mlrerel.ul t1 [he v dot antl bme I be heard n the ak""a baler. wn a oIaa d ..... tyr ( e Cc Clerk at 540) s nUe1 70112o nnon en Tha:day , a 1.27. hold 1— 1 -11 day of A1.9—C 2017, Oty Clerk Mnnn Reynolds. MMC, 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: 08114/2017 The First insertion being given ... 08/14/2017 Newspaper reference: 0000586889 Billing Representative Sworn to and subscribed before me this Monday, August 14, 2017 uflq N, ••.• • �MCEN 'I', N Lary Pul I'c State of Virginia ' Z. NOTARY .� . PUBLIC City/County of Roanoke REG. 4,332564: �c My Commission expirest�u- _ * '. M1' COMS "ISSION NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2 - 1800.6 and 15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on August 21, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 0 Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on a proposed Contract for Purchase and Sale of Real Property (Contract) between the City of Roanoke (City) and Shenandoah Telecommunications Company, a Virginia corporation, and its subsidiaries or affiliates that may be created to own and /or operate the Property described below, (Buyer) wherein the City proposes to sell to Buyer certain real property located at Carver Avenue, N.E., Roanoke, Virginia, consisting of approximately 0.1546 acres, together with all improvements thereon, designated as Official Tax Map No. 2041816 (Property) for the sum of $9,300, together with other consideration and performance of other obligations by Buyer. A copy of the proposed Contract and Ordinance will be available at the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on and after Monday, August 14, 2017. For further information on the matter, you may contact the Office of the City Clerk at (540)853 -2541. All parties and interested entities may appear on the above date and time to be heard on the above 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 12:00 noon on 'Thursday, August 17, 2017. Given under my hand this 14th day of August, 2017. Stephanie M. Moon Reynolds, MMC, City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Monday, August 14, 2017 Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 41h Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Phone: (540) 853 -2541 Send Invoice to Sherman Stovall, Acting City Manager 3i° Floor, Noel C. "Naylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853 -2333 e CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 ('hurch Avenue, S. W., ILuun 456 Roanoke, Virginia 24011 -1536 '1 k,hnnr: (540)X53 -2541 Lax: (541))953 -1145 KLLI`IIANI4: M.MOON lilil'NOLDX,MM(. Unmi1: 1111,'k0, roaaokera.anr ('iAFLIAE.N('('OY ('ily ('Jerk DePnly ('i,y ('Irrk August 25, 2017 Sherman M. Stovall Acting City Manager Roanoke, Virginia Dear Mr. Stovall: ('E('ELIA'1'. W1 Bit, (TI(' Assisoutl Del-h fit, ('Jerk A public hearing was conducted by the Council of the City of Roanoke on Monday, August 21, 2017, with regard to a proposed Contract for Purchase and Sale of Real Property between the City of Roanoke and Lora J. Katz wherein the City proposes to sell to Ms. Katz certain real property located at 2424 Brambleton Avenue, S. W., consisting of approximately 1.4 acres of a portion of City -owned property, together with the Building situated thereon, designated as Official Tax Map No. 1470301, for the sum of $10.00, together with other consideration and performance of other obligations by Ms. Katz. The public hearing was postponed until the September18, 2017 Council meeting at 7:00 p.m., or as soon thereafter as the matter may be heard. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk pc: Daniel J. Callaghan, City Attorney Wayne Bowers, Economic Development Director Michael Clark, Parks and Recreation Director I Tr Il/DT 400/0TG�J IN THE COUNCIL OF THE CiPY OF ROANOKE, VIRGINIA AN ORDINANCE authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property ( "Contract ") between the City of Roanoke, Virginia ( "City'), and Lora J. Katz ( "Buyer "), to sell to Buyer an approximately 1.4 acre parcel of a portion of City -owned property located at 2424 Brambleton Avenue, S.W., Roanoke, Virginia, which parcel consists of City -owned property designated as Official Tax Map No. 1470301, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on August 21, 2017, pursuant to Section 15.2- 1800 and Section 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to execute a sales Contract, substantially similar to the Contract attached to the City Council Agenda Report to this Council dated August 21, 2017, to sell to Buyer an approximately 1.4 acre parcel of a portion of City-owned property, together with the Building situated thereon ("Property'), the Property being a portion of City-owned property located at 2424 Brambleton Avenue, S.W., Roanoke, Virginia, which parcel is designated as Official Tax Map No. 1470301 for the purchase price of $10.00, upon certain terms and conditions; for Buyer to restore the Building and use it for a OAmh...ze e.ww between Cq, aM Lore KeU F,Abum Fr.,ay- TMI470301(8 21 .17) single family residence, upon such terms and conditions as more particularly set forth in the above - mentioned Agenda Report. 2. The City Manager is further authorized to execute such further documents, including a Special Warranty Deed of Conveyance for the transfer of the Property to the Buyer in accordance with the terms of the Contract, and take such further actions as may be necessary to implement, administer, and enforce the Contract, and complete the sale and transfer of the Property to the Buyer. 3. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by the Buyer pursuant to the Contract which obligations include, but are not limited to, Buyer commencing construction activity with ninety (90) days of Closing, and substantially completing construction no later than 12 months after the closing date. 4. The form of the documents referred to above and in the Agenda Report are to be approved by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. PAuthmnc cons a,t b,twcen City and Lora Katz-1 ishbum Property -'rM 147030 1(8 21.17) 2 °g a04 -41 o CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 2017 Subject: Sale of Land of Approximately 1.4 Acres and Improvements - Former Fishburn Park Caretaker's Cottage Background: The City of Roanoke (City) is the owner of a parcel of land, consisting of approximately 15.2176 acres (Parcel) which contains the former Fishburn Park Caretaker's Cottage located at 2424 Brambleton Ave., S.W. and identified as Tax Map Number 1470301. Lora J. Katz, an individual (Buyer) has submitted a proposal to purchase an approximate 1.4 acre portion of the Parcel (Property) which includes the Cottage for Ten Dollars ($10.00) in order to restore the building and use it for a single family residence. The attached proposed Contract for Purchase and Sale of Real Property (Contract) contains the terms and conditions under which the Buyer must satisfy. Considerations: In consideration of the purchase price of Ten Dollars ($10.00), Buyer agrees to the following Post - Closing Performance Obligations: • Develop the Property in accordance with Buyer's Proposal and Plans and invest a minimum of $135,000 in building construction and equipment in connection with the renovation. • Commence construction activity no later than 90 days of the closing date. • Complete construction activities by twelve (12) months after the closing date. • Certify in writing to the City, with detailed itemized costs, the amount invested in the building construction and equipment, and do so within 90 days of the receipt of a formal Certificate of Occupancy, and, should the costs be less than the agreed to $135,000 minimum investment, pay to the City any difference. • Provide the City with written status reports due on the 1 °' day of the month forJanuary, April, July and October subsequent to closing and until completion. • Buyer will not sell, transfer, or otherwise dispose of the Property or any portion of interest thereof until the Property has been completely developed and the Buyer has received a permanent Certificate of Occupancy. • In the event the Buyer sells, or otherwise conveys the Property or any part of the Property, within Four (4) Years of the date of issue of the final Certificate of Occupancy, the Buyer shall repay the City $75,000 (based on the current assessed value of $74,400). This obligation shall be secured by a first priority Deed of Trust on the Property. • Buyer is responsible for payment of all applications, filing and related fees to City for creation of the Property as a separate parcel from original Parcel. • Buyer will not construct more than one (1) accessory structure as defined by City Zoning Ordinance as contained in Chapter 36.2 of City Code, make no curb cuts onto Brambleton Avenue, S.W., from the Property, or use Fishburn Park public access to access the property whether by Buyer, contractors, guests or invitees. • Buyer agrees that the Deed will include a restriction that will limit use Of the Property to single family purposes as permitted by the applicable zoning district shall not be further subdivided at any time after closing. In addition, after Buyer completes her due diligence, Buyer, at Buyer's expense, will need to subdivide the Parcel into two separate parcels, one of which is the Property, obtain approval to rezone the Property from its current zoning district (Recreational Open Space) into a residential zone, and obtain approval to release the Property from its designation as a part of Fishburn Park. It is anticipated that this performance -based conveyance of public property will ensure the timely renovation of this Property while maintaining the scale and setting of the former Caretaker's Cottage. Recommended Action: Approve the attached ordinance authorizing the Acting City Manager to execute a contract substantially similar to the one attached to this Report, and to execute such other documents and to take such further action as may be necessary to implement, administer, and enforce such contract. All documents are subject to the approval as to form by the City Attorney. Sherman M. Stovall Acting City Manager Attachment Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Barbara A. Dameron, Director of Finance Michael Clark, Director, Parks and Recreation Wayne Bowers, Director, Economic Development DRAFT DATE: 08.14.2017 CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property (Contract) is dated August 2017, by and between the City of Roanoke, Virginia, a Virginia municipal corporation ( "Seller" or "City"), and Lora J. Katz, an individual ( "Buyer "). RECITALS: WHEREAS, Seller is the owner in fee simple of certain real property located at 2424 Brambleton Avenue, S.W., Roanoke, Virginia 24015, Official Tax Map No. 1470301, containing approximately 15.2176 acres, together with all improvements thereon, as shown and described more particularly in the attached Exhibit 1 ( "City's Parecl" ); WHEREAS, Seller is desirous of selling a portion of the City's Parcel not to exceed 1.4 acres, together with improvements thereon, including the caretaker's house ( "Building "), all as depicted on the attached sketch plan attached hereto as Exhibit 1 -A ( "Property ") to Buyer and Buyer is desirous of acquiring such Property including the Building in order to restore the Building and use it for a single family residence in accordance with Buyer's proposal dated April 14, 2017, and revised June 6, 2017, together with such supplements, additions, and amendments that Buyer shall make prior to closing and shall be attached hereto ( "Proposal "); WHEREAS, the Building located on the City's Parcel is currently vacant and in disrepair, the Building has an assessed value of $74,400, and Seller will sell the Property, including the Building, to Buyer for a price less than the assessed value provided Buyer fully complies with all terms and conditions as set forth in this Contract and, if Buyer fails to comply with such terms and conditions, Buyer shall be liable to Seller for remedies set forth hereinafter or for such other remedies available to Seller as set forth in this Contract or by law; and WHEREAS, the City desires that renovation and development of the Building and the Property in accordance with the Proposal ( "Project ") proceed. THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth in this Contract including the Recitals above, which Recitals are incorporated herein and made a part of this Contract and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, Seller and Buyer hereby agree as follows: 0XIN9 O]efII•t13 Dow IU Y Y p7 \R. Unless the context otherwise specifies or requires, for the purpose of this Contract, the following terms shall have the meanings set forth in this Section: Building: An approximately 1,080 square foot facility currently located on the City's Parcel and which will become a part of the Property, in its current condition. C.n,.,t far S,I,(06302017) 1 DRAFT DA "I L 08,14 2017 Buyer's Proposal or Proposal: Buyer's Proposal refers to the Buyer's planned subdivision of the City's Parcel to establish the Property as a separate parcel, and the renovation of the Building on the Property for residential use, as set forth in a document entitled "Department Surplus Property Sale Proposal," dated April 14, 2017 and revised June 6, 2017, prepared by Lora J. Katz, a copy of which is made a part hereof and marked as Exhibit 2, together with such supplements, additions, and amendments thereto that Buyer shall make to provide additional details with respect to the Project. Such supplements, additions, and amendments shall be attached to this Contract prior to Closing and shall be a part of this Contract. City's Parcel: A certain parcel of land located at 2424 Brambleton Avenue, S.W., Roanoke, Virginia 24015, Official Tax Map No. 1470301, containing approximately 15.2176 acres, together with all improvements thereon. The City's Parcel was conveyed to Seller by decd dated January 2, 1925, from Weaver Heights Corporation recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke, Virginia in Deed Book 141, Page 401. The City's Parcel is more particularly described in Exhibit I attached hereto and made a part hereof. Closing: The consummation of this Contract by Seller's delivery of a Special Warranty Deed to the Property to Buyer. Closing Date: The date provided for in Section 11 hereof for the Closing. Construction Activity: The receipt of all Permits and Approvals and the initiation of site work on the Property by Buyer. Construction Performance Liquidated Damages: The amount equal to One Hundred dollars ($100.00) multiplied by the number of Days after (i) 90 days after the Closing Date and until and including the Day on which the Buyer actually commences Construction Activity; or (ii) 12 months after the Closing Date, and until and including the Day on which the Buyer actually achieves Substantial Completion of Construction. Commencement Date: The date on which Buyer certifies in writing to Seller that Buyer has commenced Construction Activity to the reasonable satisfaction of Seller, which date shall be no later than 90 days after the Closing Date. Contemplated Use: The development of the Property by Buyer solely for the purpose of residential use, Substantially Completed not later than 12 months after the Closing Date. Days: Unless otherwise stated, this term means consecutive calendar days. Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, this Contract, the Restricted Covenant, and as set forth in the Title Commitment. The Deed shall also be subject to all obligations of Buyer under the terms of this Contract. Governmental Authority: Governmental Authority means the United States of America, the Commonwealth of Virginia, any other state of the United States, the City, any Federal, state, regional, or local body, commission, or agency having jurisdiction with respect to the C—m—, Ibr SA (06 30 2017) 1 DRAFT DATE: 08.14 2017 construction, development, occupancy, use, and operation of the building as contemplated in the Project. Permits and Approvals: All permits, approvals, consents, and authorizations issued by a Governmental Authority that are required for the construction, and use of the building as contemplated in the Project, all such permits, approvals, consents, and authorization having been finally issued and subject to no condition unacceptable to Buyer and subject to no appeal. Plans or Plan: These terms mean the design plans and /or drawings and/or other documents as approved by the City of Roanoke Department of Planning, Building and Development. Protect: This term means and includes the renovation of an approximately 1,080 square foot facility, to be developed by Buyer in accordance with the Proposal, as well as any related and /or connected work that may be required and /or done on any part of the Property in addition to the Building, all in accordance with the terms and provisions of this Contract. Property: A portion of the City's Parcel, not to exceed 1.4 acres, together with the Building, as depicted on the sketch plan attached hereto as Exhibit 1 -A. The Property is subject to all liens, encumbrances, easements, and restrictions of record. Buyer shall be responsible, at its sole cost and expense to prepare and record a subdivision plat to subdivide the City's Parcel into two lots, one such lot being the Property to be sold to Buyer pursuant to this Contract and the remaining parcel to be retained by Seller. Purchase Price: The sum of S 10.00 to be paid by Buyer for the acquisition of the Property from Seller. Restrictive Performance Covenant: The restrictions in the Deed that require Buyer to (i) commence Construction Activity by 90 days after the Closing Date; (it) invest a minimum of $135,000 in building construction and equipment; and (iii) achieve Substantial Completion of Construction by 12 months after the Closing Date. Restrictive Use and Development Covenant: The restrictions in the Deed that are set forth in Sections 4(B)(I 0), (11), and (12) of this Contract. Substantial Completion, Substantially Complete or Completed, or Substantial Conformance: Development of the Property by Buyer in accordance with the Contemplated Use and Plans and where a final certificate of occupancy has been issued to Buyer from the City of Roanoke Department of Planning Building and Development for the Building, as set forth in the Plans. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company. Title Company: Any nationally recognized title insurance company acceptable to Buyer. Conlrad for Sale (Ofi3O2O17) .y DRAF"f DATe 08.14.2017 SECTION 2. PURCHASE AND SALE OF PROPERTY A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase, the Property from Seller, upon all the terms, covenants, and conditions set forth in this Contract. B. The purchase price for the Property ( "Purchase Price ") shall be Ten Dollars ($10.00) payable in cash or certified check from Buyer to Seller at Closing, together with the other obligations of Buyer as set forth in this Contract. SECTION 3. CONDITIONS PRIOR TO CLOSING. A. I. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, Seller, as of the Closing, shall have complied with Seller's representations and warranties in Section 10 of this Contract, the fulfillment to Buyer's reasonable satisfaction of Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 11, Buyer shall have obtained all Permits and Approvals, and Buyer shall be satisfied with the results of its due diligence and inspections undertaken pursuant to Section 17. 2. As a condition precedent to Seller's obligation to sell the Property or otherwise to perform any obligations provided for in this Contract, Buyer, as of the Closing, shall have complied with Buyer's obligations, representations, and warranties in this Contract. As a condition precedent to Seller's obligation to sell the Property or otherwise to perform any obligations provided for in this Contract, City Council shall release Seller's right to maintain and operate Fishbum Park at the Property. Upon completion of inspections and due diligence by Buyer as provided in Section 17 of this Contract and notification from Buyer that Buyer intends to proceed, Seller shall initiate appropriate proceedings as required by applicable laws of the Commonwealth of Virginia and ordinances of the City to request City Council to consider the release of Seller's right to operate Fishbum Park at the Property. 4. Thirty (30) Days prior to the proposed Closing Date, Buyer will provide to Seller, to the Seller's sole satisfaction, written confirmation and documentation of Buyer's obtaining financial commitments from a recognized financial institution authorized to conduct business in the Commonwealth of Virginia in the forth of a loan commitment, with only customary commercial conditions and /or written evidence of cash in -hand, subject to no restrictions or limitation on the use of such funds for the Project, sufficient to undertake the initial renovation of the Building in accordance with the Contemplated Use of the Property, such loan commitments and cash in -hand, in the aggregate, shall not be less than $135,000. 5. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, and following Contract for Sale (06 302017 ) DRAFT DA L W 14.'017 the (1) expiration of the Inspection Period pursuant to Section 17; and (2) City Council releasing Seller's right to maintain and operate Fishburn Park at the Property pursuant to Section 3.A.3: a. Buyer will undertake and complete a Boundary Survey and Subdivision Plat of the Property, at its sole cost and expense, such Survey and Subdivision Plat shall be subject to prior approval of Seller before Buyer submits the Subdivision Plat to the City's Planning, Building and Development Department. Seller's approval hereunder shall not be unreasonably withheld and such approval shall not be deemed to be approval for any regulatory purpose. b. Buyer shall apply for and receive approval from the City of Roanoke for rezoning the Property to Residential Single - Family District (R -12). The City agrees to promptly execute any forms and applications related thereto that Buyer reasonably requests, provided, however, that the burden of obtaining such approval shall be home by Buyer. The City shall cooperate with Buyer in pursuing the foregoing approval. Buyer shall be responsible for payment of all application, filing, and related fees to the City of Roanoke for rezoning of the Property. B. Buyer and /or Seller may, at any time on or before the Closing Date, at its respective election, waive in writing any of the other party's conditions precedent referenced in this Section 3, and Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all such conditions precedent. C. In the event that the Closing has not occurred through no fault of Seller on or before the Closing Date, Seller, by written notice given to Buyer, shall provide Buyer with a ten (10) Day cure period from the Closing Date in which to deliver the Purchase Price and proceed with Closing. If Closing has not occurred within such additional time period through no fault of Seller, this Contract shall automatically be terminated without any further action. In the event of any termination as set forth above, this Contract shall be deemed terminated and of no further force and effect. D. Upon the request of Seller, Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so requests, Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. Neither Buyer nor the provider of the report makes any representations or warranties to Seller about such reports or opinions and Seller may not rely on such information. E. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times comply with all applicable federal, state, Commm f, sine (06 30 2a I ]) D R A H DA 11:08,142017 and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under this Section 3, shall obtain, at their cost, any and all Permits and Approvals for such work. SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS. A. Obligations at Closing. Seller's Obligations. At the Closing, Seller agrees to sell to Buyer the Property and deliver the Deed to Buyer in accordance with the terms of this Contract. 2. Buyer's Obligations. Buyer agrees and promises that it will do and /or has done the following at Closing: a. Buyer will purchase the Property from Seller for the Purchase Price of Ten Dollars ($10.00) and will make payment in accordance with the terms of this Contract. b. Buyer accepts the Property in an "AS IS" condition and acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract. Buyer agrees that Buyer is taking the Property, including the Building and Improvements, without any warranties or representations from Seller and that Buyer has had sufficient opportunities to fully examine the Property, including the Building, and that Buyer shall comply with all environmental and other laws in developing the Property. C. Buyer shall promptly pay for all advertising costs and any related fees or costs connected with this Contract and/or the sale of the Property, including, but not limited to costs for any advertisement of required public hearing(s). Such payment shall be made directly to the entity providing the advertising or other service, or to the City, as the City may direct. d. Buyer agrees that the conditions and obligations of Buyer under this Contract are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. Buyer and Seller agree to determine the value of the Property, as subdivided, and Building, and shall certify the value at Closing. C.111 c. fill SA, (06302017) DRAFT DATE: 08.14'017 B. Post - Closing Performance Obligations of Buyer. Buyer acknowledges and agrees that a part of the consideration for the Seller is the Buyer's commitment to develop the Project in accordance with Buyer's Proposal and the performance of this commitment. Buyer agrees to perform each of the following obligations in accordance with the terms and conditions set forth in this Contract. Buyer will develop the Property in accordance with Buyer's Proposal and Plans and invest a minimum of $135,000 in building construction and equipment at the Property in connection with the renovation of the Building ( "Minimum Investment "). The Minimum Investment shall not include the amount of the Purchase Price. Completion of this development shall be pursued diligently and timely by Buyer and Buyer shall be solely responsible for satisfying its obligations hereunder subject to delays caused by events set out in Section 33 of this Contract. TIME SHALL BE OF THE ESSENCE WITH RESPECT TO EACH AND EVERY OBLIGATION OF BUYER HEREUNDER. Buyer shall commence Construction Activity by the Commencement Date to the reasonable satisfaction of Seller, and will continue to do so, subject to delays caused by events set out in Section 33 of this Contract, without interruption, until the Project is completed. Failure to meet these requirements shall be a material breach of this Contract for which Seller shall have its remedies, including but not limited to collection of the Construction Performance Liquidated Damages pursuant to Section 12 of this Contract, and all such remedies as may be allowed by law or in equity. All design, engineering, demolition, and construction work necessary to complete the Project in accordance with Buyer's Proposal in accordance with the Plans shall be Substantially Completed, and a final certificate of occupancy has been issued to Buyer from the City of Roanoke Department of Planning Building and Development for the Building by 12 months after the Closing Date. In the event that Buyer fails to Substantially Complete the Project in accordance with this Section, such event shall be a material breach of this Contract for which Seller shall have its remedies-, including, but not limited to collection of the Construction Performance Liquidated Damages pursuant to Section 12 of this Contract, and all such remedies as may be allowed by law or in equity. 4. Within ninety (90) days after the issuance of the final certificate of occupancy by the City of Roanoke Planning, Building and Development Department for the use, occupancy and operation of the building. Buyer shall certify, in writing, to the City the amount invested by Buyer in building construction and equipment in connection with the Project. This certification shall include a detailed itemization of these costs, certified by the Buyer. In the event that the amount of this investment is less than the Minimum Investment, such event shall be a material breach of this Contract for which Seller shall have its remedies, including, but not limited to the Buyer shall pay to the City the amount of the difference between the Contact for Sale [06 30 201 77 DRAFT DATE: 08.14.2017 Minimum Investment and the actual amount of the investment, and all such remedies as may be allowed by law or in equity. 5. Buyer agrees to and shall provide written progress reports (which may be by email) to the Seller's Assistant City Manager for Community Development four times a year, on the 1st day of the months of January, April, July, and October subsequent to Closing and until Substantial Completion. Such progress reports shall provide the Seller with sufficient information regarding Buyer's status as to performance of Post - Closing activities to meet the terms of this Contract and to alert Seller to any issues, problems, or delays that Buyer has encountered or anticipates Buyer may encounter. 6. Buyer acknowledges and agrees that Buyer shall not sell, transfer, or otherwise dispose of the Property, any portion of the Property, or any interest in the Property, other than a deed of trust or mortgage in connection with the development and construction of the Project, until the Property has been developed completely in accordance with the Proposal and subsequent Plans, and a final, permanent certificate of occupancy issued by the City of Roanoke Department of Planning, Building and Development has been granted to Buyer for the Building. If Buyer conveys, transfers, or attempts to convey or transfer the Property, any portion of the Property, or any interest in the Property, such conveyance shall be deemed void, of no force or effect, and a breach of this Contract. 7. Buyer may grant a mortgage or deed of trust on the Property provided that the holder of any such mortgage or deed of trust shall acknowledge and agree in writing that the right granted Seller pursuant to Section 4.13.8 is superior to the mortgage or deed of trust. Buyer shall require that each and every lender of the Buyer that seeks to encumber the Property with a mortgage or deed of trust to acknowledge and agree to the provisions of this Section 4.13.7. 8. Buyer recognizes that Seller is selling the Property to Buyer at a discounted sales price. The parties acknowledge and agree that as of the date of this Contract, the assessed value of the Building, by the City of Roanoke's Director of Real Estate Valuation is $74,400. In the event, Buyer sells, or otherwise conveys the Property, or any part of the Property, at any time within four years of the date the final, permanent certificate of occupancy is issued by the City of Roanoke Department of Planning, Building and Development to Buyer for the Building, Buyer shall repay to the City $75,000, whether or not the Property has depreciated or appreciated in value. This obligation shall be secured by a first priority Deed of Trust on the Property. The Deed of Trust shall contain such standard and commercially reasonable terms and conditions that are standard in commercial transactions within the Commonwealth of Virginia and shall be in a form acceptable to Seller. Contract for Sale (06 30.2017) DRAFT DATF: 08.1a 2017 ). Buyer shall be responsible for payment of all application, filing and related fees to the City of Roanoke for the creation of the Property as a separate parcel from its adjoining property belonging to Seller as defined in Section 4.A.2.e above. 10. Seller agrees that during and subsequent to the development of the Property and the Building, Seller shall NOT: a. Construct more than one ( I ) accessory structure, as defined by the City of Roanoke's Zoning Ordinance as contained in Chapter 36.2 of the Roanoke City Code, on the Property; b. Make any curb cuts on Bramblcton Road, S.W.; and C. Use Fishbum Park public access in order to access the Property, whether access is by Buyer, her contractors, guests, or invitees. It. Seller agrees that the Deed will include a deed restriction that will limit use of the Property to single family purposes as permitted by the applicable zoning district. 12. Sella agrees that the Deed will include a deed restriction that the Property shall not be subdivided at any time after Closing. C. Obligations Survive Closing. Buyer agrees that the conditions acrd obligations of Buyer under this Contract are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. These conditions and obligations of the Buyer which survive the Closing shall run with the land. Upon the written request of Buyer after satisfaction of one or more conditions or obligations by Buyer which survived the Closing the City shall verify satisfaction of such conditions or obligations by Buyer and, upon verification, the City shall execute and deliver to Buyer a document in which the City acknowledges the satisfaction of such conditions or obligations of the Buyer which survived the Closing. Such document shall be in a form suitable for recording in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. The form of the document shall be approved by the City Attorney and shall acknowledge satisfaction of only those conditions or obligations of Buyer specifically set forth in such document and shall further provide that all other conditions and obligations of Buyer (except for those previously satisfied and acknowledged by the City in writing) remain in full force and effect. If requested by Buyer, the City shall provide a separate document following the satisfaction of each condition or obligation of the Buyer hereunder. The Buyer shall be responsible for the costs of recording each such document. 2. Seller's obligations set forth in Section 4.B shall survive the Closing, subject to strict compliance by Buyer with respect to the conditions of Section 4.B. CommaforWa (06.302017) DRAFT DATE: 08.14 2017 SECTION 5. COMPLIANCE WITH LAWS Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. Buyer further agrees that Buyer does not, and shall not during the performanoc of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. SECTION 6. ASSIGNMENT. Buyer agrees not to assign or transfer any part of this Contract without the prior written consent of Seller, which will not be unreasonably withheld, and any such assignment shall not relieve Buyer from any of its obligations under this Contract. SECTION 7. INDEMNITY. Buyer agrees to indemnify and hold harmless Seller and its officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of Buyer or its agents, employees, contractors, or representatives arising out of or connected in any way to any of the matters involved in this Contract or any performance thereunder. Buyer's indemnity obligations hereunder shall be subject to the provisions of Section 17(B)(3) of this Contract. SECTION R. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. SECTION 9. EASEMENTS. Buyer promises and agrees to grant and dedicate to Seller and /or the Western Virginia Water Authority, at any time before Substantial Completion, all reasonably necessary easements on Buyer's Property for the construction of infrastructure improvements needed for or benefiting the Property and which easements are necessary to and benefitting the development of the Project in accordance with Buyer's Proposal, including, but not limited to, storm drainage, sanitary sewers, and /or water, all at no cost to the Seller and /or the Western Virginia Water Authority. Conked ro, sale (06 30 20 i» 10 DRAFT DA 1 : 08.142017 SECTION 10. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract, Seller warrants and represents that Seller will, in accordance with this Contract, convey title to the Property in an AS IS condition and subject to any items of record. B. Seller further represents and warrants with respect to the Property that: Title. Seller has title to the Property subject to any restrictions of record. Seller is the sole owner of the Property. 2. Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of access thereto. 3. Special Taxes. Seller has no knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the Property or any part thereof. 4. Hazardous Materials. Seller makes no warranties or representations of any type regarding hazardous materials of any type. 5. No Leases. There are no leases of the Property. 6. Access. Ingress to and egress from the Property is available and provided through Clifford Street, S.W. SECTION 11. TITLE AND CLOSING. A. Title to the Property shall be conveyed by Seller to Buyer by Deed subject to the following: 1. Ad valorem real property taxes and stormwater utility fees for the current year, not yet due and payable; 2. Those other matters of title to which Buyer has not objected to in writing; 3. Those matters reflected on the survey, if prepared by Buyer, to which Buyer has not objected to in writing, or, in the event that Buyer does not perform a survey prior to Closing, all matters that would be revealed by an accurate ground survey of the Property; 4. Easements, encumbrances, and other restrictions of record as of the date of execution of this Contract by Seller; 5. Liens and objections shown on the Title Commitment; C.nI.a for Su1c(06 }02017) DRAFT DA re 08.14.2017 6. The Restrictive Performance Covenant; T The Restrictive Use and Development Covenant; 8. The limitations on sale of the Property set forth in Section 4(B)(8) of this Contract; 9. Other standard exceptions contained in a Title Policy as defined in Section I I (B) below; and 10. Those items and matters set forth in this Contract and that the obligations and undertakings of Buyer in this Contract shall survive Closing and be incorporated into the Deed. All of the foregoing exceptions are herein referred to collectively as the "Conditions of Title." B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue, upon payment of its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy ") insuring Buyer in the amount of the Purchase Price in respect to the Property and that title to the Property is vested in Buyer subject only to the Conditions of Title. C. Buyer and Seller shall consummate and complete the Closing of this transaction no sooner than thirty (30) days but no later than ninety (90) days after satisfaction of all conditions set forth in Section 3. Buyer shall designate the specific date on which the Closing shall occur within such period set forth above at least thirty (30) business days prior to the Closing Date. Under no circumstance shall the Closing occur later than March 1, 2018, unless Seller grants further extension periods. D. The Closing shall be at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by Buyer and Seller. On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: a) Its duly executed and acknowledged Deed conveying to Buyer the Property in accordance with the provisions of this Contract; b) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty -five (125) days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; Connna for Sv1, (06 30 2017) 12 DKAF1 DAI L 08.14,2017 C) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by Seller, as may reasonably be required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property; d) A duly executed counterpart of a Closing Statement; and e) Any other items required to be delivered pursuant to this Contract or other items reasonably required by the Title Company and that do not include the payment of money, indemnity, or assumption of any liability or obligation. E. At Closing, real property taxes (if any), and stormwater utility fees shall be prorated with Buyer being responsible for all periods thereafter. Buyer shall pay for (i) the cost of all investigations of the Property including but not limited to examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's foes and expenses incurred by legal counsel to Buyer; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if any. H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract. SECTION 12. CONSTRUCTION PERFORMANCE LIQUIDATED DAMAGES. Buyer recognizes that Seller is selling the Property to Buyer at a discounted sales price and Buyer acknowledges and agrees that an essential element of the agreement between the City and Buyer with respect to the Project is that Buyer commences Construction Activity and achieves Substantial Completion of Construction in a timely manner. Buyer and the City acknowledge and agree that delays in the construction activity will cause damages to the City which are not capable of exact measurement. The City and Buyer agree that in the event Buyer fails to commence Construction Activity 90 days after the Closing Date, or achieve Substantial Completion of Construction 12 months after the Closing Date, and in the absence of any delays caused by events set out in Section 33 of this Contract, or any written extensions that may be granted by the City, Buyer shall pay to the City the Construction Performance Liquidated Damages in the amount equal to the sum of (i) One Hundred Dollars ($100.00); multiplied by (ii) each Day after (a) 90 days after the Closing Date and until acrd including the Day on which the Buyer actually commences Construction Activity; and (b) 12 months after the Closing Date and until and including the Day on which the Buyer actually achieves Substantial Completion of Construction. Buyer hereby waives any defense as to the validity of any liquidated damages stated herein on the grounds that such liquidated damages could be void G,mr.,I( W,(06.30,201]) 13 DRAFT DATE 08. 14,2017 as penalties or are not reasonably related to actual damages. Such liquidated damages are in addition to any other damages the City may be entitled to recover. SECTION 13. CONDEMNATION. Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if, after the date hereof and prior to the Closing Date, all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no further force and effect. If no such election is made by Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 14. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if such loss is the result of acts or omissions of Buyer or Buyer's employees, agents, contractors, or representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if the Property is substantially damaged or destroyed before Closing by such casualty, then either party may cancel this Contract by giving the other party thirty (30) days written notice of such cancellation and neither party will have any further obligations to the other and Seller shall not be liable to Buyer for any failure to deliver the Property to Buyer. SECTION 15. COMMISSIONS. Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. Seller and Buyer warrant and represent that no person or entity can properly claim a right to a commission, tinder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. Buyer agrees to indemnify Seller against and to hold it harmless from any claim, loss, cost, or expense, including, without limitation, attorneys' fees, resulting from any claim for a commission, finder's fee, or other compensation by any person or entity based upon such contacts or understandings. SECTION 16. REMEDIES. A. In the event Buyer shall have fully performed or tendered performance of its duties and obligations hereunder, but Seller fails to perform any of its duties or responsibilities in Contract for Sale (06 302015) 14 DRAFT DATL 08.142017 accordance with the terns and provisions hereof, Buyer's sole and exclusive remedy shall be an equitable suit to enforce specific performance of such duties or responsibilities. Any and all other remedies otherwise available to Buyer, at law or in equity, are hereby expressly waived by the Buyer except as otherwise specifically stated in this Contract. B. If Buyer fails to comply with any of the terms and conditions, or any of Buyer's obligations, of this Contract, Seller may enforce any and /or all remedies available to Seller under this Contract or by law, including, but not limited to termination of this Contract, collection of the Construction Performance Liquidated Damages pursuant to Section 12 of this Contract, and all such remedies as may be allowed by law or in equity. SECTION 17. RIGHT OF ENTRY AND INSPECTION PERIOD. A. Buyer shall have up to 120 Days following the execution of this Contract to complete Buyer's due diligence review of the Property (Inspection Period) to determine if there are any issues that would prevent the Buyer's use of the Property and to obtain all Permits and Approvals Buyer deems necessary or appropriate for the construction of the Project. By written notice, Buyer may extend the Inspection Period for an additional period of 60 Days provided Buyer is diligently presenting applications and diligently and timely making efforts, in good faith, to obtain all Permits and Approvals Buyer deems necessary or appropriate for the construction of the Project, or to satisfy itself that such Permits and Approvals will be available. Should Buyer determine during such Inspection Period that it is not satisfied with the Property or any characteristics thereof for any reason whatsoever, in Buyer's sole and absolute discretion, Buyer may terminate this Contract by notifying the Seller in writing as soon as possible, but no later than ten (10) Days after the end of such Inspection Period, of Buyer's decision to terminate the Contract. In such case, this Contract shall thereupon be terminated and of no further force and effect, unless Seller and Buyer mutually agree to modify this Contract to address any such issues. B. In connection with the Buyer's ability to conduct its due diligence review mentioned above the Seller hereby grants to Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter upon the Property at any time during the Inspection Period, upon two (2) working days prior written notice via email to the Seller, or the Seller's designee, at the following email address: Robert.Ledaer(iERoanokeVa.aov or Brian .Townscnd(ri:.roanokeva.eov in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete Phase I and Phase II Envirorunental Assessments, or geotechnical assessments, or nondestructive engineering evaluations of the Property, and to store Buyer's property and equipment, upon the following terms and conditions: If the Buyer exceeds its rights granted under this Section or fails to obtain and maintain the insurance required by this Section 17, the Seller may immediately revoke this right of entry. 2. Buyer agrees to be responsible for any and all damages resulting from the activity or activities of Buyer, its officers, agents, employees, contractors, Cnmaa for Sale (06 302017) 15 DRAFT DATE: 08.14?017 subcontractors, licensees, designees, representatives and consultants, on the Property in the exercise of the rights granted under this Section. Buyer shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section to a condition equal to that existing immediately prior to entry on the Property if Buyer does not purchase the Property. 3. Buyer agrees and binds itself and its successors and assigns to indemnify, keep and hold the Seller and its officers, agents, employees, volunteers, and representatives free and harmless from any and all liability, claims, causes of action, costs and damages of any type, including reasonable attorney's fees, on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Buyer in connection with this right of entry, including, but not limited to, Buyer's use of the Property in violation of any provision of this Contract, claims relating to the storage of property by Buyer on the Property, or the exercise of any right or privilege granted by or under this Section 17. In the event that any suit or proceeding shall be brought against the Seller or any of its officers, employees, agents, volunteers, or representatives, at law or in equity, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on account thereof, Buyer, upon notice given to it by the Seller or any of its officers, employees, agents, volunteers or representatives will pay all costs of defending the Seller or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the Seller or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, then Buyer will pay such settlement or judgment in full or will comply with such order or decree, pay all costs and expenses of whatsoever nature, including reasonable attorney's fees, and hold the Seller or any of its officers, employees, agents, volunteers or representatives harmless therefrom. Buyer's indemnity obligations hereunder are conditioned upon the indemnified party: (i) promptly notifying Buyer of any claim in writing; (ii) cooperating with Buyer in the defense of the claim; and (iii) granting Buyer sole control of defense or settlement of the claim at the sole cost and expense of Buyer. 4. Buyer shall, within a reasonable period of time after its receipt of any preliminary or final test results or conclusory reports and opinion statements related to the physical condition of the Property, deliver or cause to be delivered topics of same to Seller. If Seller so requests, buyer shall also turn over topics of raw data obtained and any laboratory and Gmtruq Ibr Sale (06.302017) 16 DRAFT DATE: 08.14.2017 observation reports or analyses. Said topics shall be provided to Seller without charge. Buyer shall comply with, and shall require its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants to comply with, all applicable federal, state, and local laws, rules, and regulations. Buyer shall obtain, and shall require its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants to obtain, prior to exercising any rights under this Section 17 and any and all permits therefore at their expense. 6. Buyer shall, at its sole expense, obtain and maintain, or have its contractors or representatives obtain and maintain, the insurance set forth below. Any required insurance shall be effective prior to the beginning of any work or other performance by Buyer under this Section 17 of this Contract. The following policies and coverages are required: (i) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of Buyer's, contractors' or representatives' acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 per occurrence, and $2,000,000 general aggregate. (ii) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering Buyer's, contractors' or representatives' statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Section 17. Minimum limits of liability for Employer's Liability shall be 5100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the insurance company shall waive rights of subrogation against the Seller, its officers, employees, agents, volunteers and representatives. (iv) Automobile Liability. The minimum limit of liability for Automobile Liability Insurance shall be $1,000,000 combined single limit applicable to owned or non -owned vehicles used in the performance of any work under Section 17 of this Contract and shall be written on an occurrence basis. Conrad for Sale (06 30 2017) 17 DRAF f DATE: 08.14 '017 7. The insurance coverages and amounts set forth above may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this Section, and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Buyer to the Seller. 8. All insurance shall also meet the following requirements: Buyer shall furnish Seller appropriate documentation showing the type, amount, effective dates, and date of expiration of policies; that the City of Roanoke, its officers, employees, agents, volunteers, and representatives are named as additional insureds; where waiver of subrogation is required with respect to any policy or insurance required, such waiver shall be specified; insurance coverage shall be in a form and with an insurance company approved by Seller, which approval shall not be unreasonably withheld; and any insurance company providing coverage shall be authorized to do business in the Commonwealth of Virginia. Buyer shall provide the City's Risk Manager with not less than thirty (30) Days advance notice of cancellation or material alteration of any of the above required insurance coverage. SECTION 18. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: City of Roanoke, ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Telephone No. 540-853-2333 Fax No. 540-853-1138 With a Copy to: City of Roanoke Department of Economic Development ATTN: Economic Development Director 117 Church Avenue, S.W. Roanoke, VA 24011 Telephone No. 540- 853 -2715 Fax No. 540-853-1213 Cummci r r Saie(1630201') 18 DRAT 1 DA I E: 08.14?0I7 If to Buyer: Lora J. Katz 225 23rd Street, S.W, #303 Roanoke, VA 24014 Telephone: 540 -597 -8223 Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. SECTION 19. TIME. Time is of the essence in the performance of the parties' respective obligations in this Contract. SECTION 20. SUCCESSORS AND ASSIGNS. This Contract shall more to the benefit of and be binding upon the parties hereto and their respective successors and assigns. SECTION 21. COUNTERPART COPIES. This Contract may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that all of the parties arc not signatories to the same counterpart. SECTION 22. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 23. SEVERABILITY AND SURVIVAL. If any tern of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect. The parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF THIS CONTRACT SHALL SURVIVE CLOSING. SECTION 24. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. Cuntmct for Sale (06 30 2017) 19 DRAFT DA 11 :08,14.2017 SECTION 25. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. SECTION 26. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any tern or condition of this Contract or any party's waiver of any particular breach of this Contract by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terns or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the non - defaulting party from requiring the defaulting party to comply with all the terns and conditions of this Contract and does not bar the non - defaulting party from asserting any and all rights and /or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 27. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.4343. l be advised that the City does not discriminate against faith -based organizations. SECTION 28. CONFLICT BETWEEN PLANS AND CONTRACT TERMS. Seller and Buyer agree that the provisions of the Plans and other documents provided by Buyer to Seller are intended to be consistent with the terms of this Contract. However, if any of Buyer- supplied documents and /or the Plans are in conflict with the terms of this Contract, the parties agree that the terms of this Contract shall control, unless the parties mutually agree otherwise in a writing signed by both parties. SECTION 29. NONDISCRIMINATION. During the performance of this Contract, Buyer agrees as follows: A. Buyer 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 Buyer. Buyer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. Buyer in all solicitations or advertisements for employees placed by or on behalf of Buyer will state that Buyer is an equal opportunity employer. C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. Cmran for Salc (05 30 201 n 20 DRAT I DA I IL: OX. 14.2017 D. Buyer will include the provisions of the foregoing in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. SECTION 30. DRUG-FREE WORKPLACE. During the performance of this Contract, Buyer agrees to (i) provide a drug -free workplace for Buyer's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Buyer that Buyer maintains a drug -free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug -free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. SECTION 31. COMPLIANCE WITH STATE LAW; FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA. Buyer shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Buyer shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Contract. Seller may void the Contract if Buyer fails to remain in compliance with the provisions of this section. SECTION 32. APPROPRIATION OF FUNDS. All obligations or fandings undertaken by Seller in connection with this Contract are subject to the availability of funds and the appropriation of such funds by City Council as may be necessary for such obligations or funding. If any such funding is not approved, withdrawn, or otherwise not made available for this Contract, with the result that Seller is unable to perform its obligations under this Contract, Seller shall provide Buyer with written notice of such unavailability of funding. C„"wm ro, S,1, (06.3020 m 21 DRAFT DA H 08.14?017 SECTION 33. FORCE MAJEURE. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Contract if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of common enemy, the elements, earthquakes, floods, fires, epidemics, riots, strikes, failures or delay in transportation or communication, shortages of material, approval delays or any act or failure to act by the other party or such other party's employees, agents or contractors; provided, however, that lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The Parties shall promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Agreement. For proposes of this Contract, any one (l) delay caused by any such occurrence shall not be deemed to last longer than four (4) months and the party claiming delay caused by any and all such occurrences shall give the other party written notice of the same within 30 days after the date such claiming party learns of or reasonably should have known of such occurrence. Notwithstanding anything else set forth above, after a total of six (6) months of delays of any type have been claimed by a party as being subject to force majeure, no further delays or claims of any type shall be claimed by such party as being subject to force majeure and /or being an excusable delay. SECTION 34. ENTIRE CONTRACT. This Contract, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence. memoranda, or contracts are replaced in total by this Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the appropriate parties. SIGNATURE PAGE TO FOLLOW C.nIoa a„ sw, (06.3020 n' 22 DRAEI DATE: 08J 42017 IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk Shennan M. Stovall, Acting City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this day of , 2017, by Sherman M. Stovall, Acting City Manager for the City of Roanoke, Virginia, a Virginia Municipal Corporation, for and on behalf of said municipal corporation. My commission expires WITNESS /ATTEST: Notary Public Lora J. Katz To -Wit: SEAL The foregoing instrument was acknowledged before me this _day of , 2017, by Lora J. Katz. My commission expires: Notary Public SEAL C-1.0 1,,r We (06.302017) 23 DRMI DA I F: W14.2017 Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney Authorized by Ordinance No. CanI.a r,r sm. (06.302015) 24 DIzAr f DA IL: 0S.14.2017 Contract for Purchase and Sale of Real Property dated , 2017, by and between City of Roanoke, Virginia, and Lora J. Katz. EXHIBIT I DESCRIPTION OF CITY'S PARCEL Roanoke Official Tax Map No. 1470301 BEGINNING at a double white oak on the southeasterly side of Murray's Run and corner to the lands of W. H. Hart; thence with the line of same S. 75 deg. 37' 00" W. 209.30 feet to a concrete monument; thence leaving the line of W. H. Hart N. l I deg. 20' 00" E. 458.20 feet to a concrete monument; thence N. 49 deg. 51' 00" W. 295.1 feet to a concrete monument on the south side of Creston Avenue, according to the map of the Weaver Heights Corporation subdivision, known as Grandin Court Annex, made by William Bradford, August l ", 1923, and revised according to the Map of Land Acquired for Park Purposed Adjoining the City of Roanoke ALMS House Farm on the West Side, dated December 12, 1924, on file in the Office of the City Engineer, Roanoke, Virginia; thence N. 66 deg. 32' 00" W. 41.7 feet to a concrete monument on the north side of Creston Avenue and comer to Lot 11, Section 25, above mentioned map; thence with the east line of Lot 11, Section 25, N. 49 deg. 51' 00" W. 186.0 feet to a concrete monument on the comer of Lot 7, Section 23; thence with the east line of Lot 7, Section 23, crossing Sweetbrier Avenue and continuing along the east line of Lot 8, Section 21, N. 31 deg. 55' 00" W. 427.00 feet to a concrete monument at the comer of Lot 4, Section 21; thence with the cast line of Lot 4, Section 21, N. 18 deg. 42' 00" W. 139.00 feet to a concrete monument on the south side of Greenbrier Avenue; thence with the south side of Greenbrier Avenue N. 71 deg. 18' 00" E. 574.88 feet to an iron pipe in the line of the property of Ernest B. Fishbum; thence with the line of the property of Ernest B. Fishbum S. 37 deg 59' 00" E. 733.2 feet to an iron pipe on the northwesterly side of Murray's Run; thence S. 12 deg, 03' 00" W. leaving the line of Ernest B. Fishbum and passing at 511.5 feet a corner of the City of Roanoke Almahouse Farm — a total distance of 848.82 feet to a double white oak, the place of BEGINNING, and containing 15.502 acres. All bearings refer to the meridian of the official survey. (To correct for meridian used by Weaver Heights Corporation subdivision known as Grandin Court Annex made by Wm. Bradford, dated August 1, 1923, add 3 deg. 47' in N.E. and S.W. and subtract 3 deg. 47' in N.W. and S.E.) See plan 1546 on file in Office of City Engineer, Roanoke, Virginia; and BEING the same property conveyed to the City of Roanoke, Virginia by deed dated January 2, 1925 from Weaver Heights Corporation, of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Decd Book 141, Page 401. Comma r r Sam (06.30201 a 25 DRAFT DA I L: 08.14.2017 Contract for Purchase and Sale of Real Property dated , 2017, by and between City of Roanoke, Virginia, and Lora J. Katz. EXHIBIT 1 -A SKETCH PLAN Cumma for Sale toff 30 20 17) 26 DRAFT DA FE: 08.I4?017 Contract for Purchase and Sale of Real Property dated , 2017, by and between City of Roanoke, Virginia, and Lora J. Katz. EXHIBIT 2 BUYER'S PROPOSAL CM.0 fo, seie (0630201 ]) 27 ROANOKE CITY OF ROANOKE ECONOMIC DEVELOPMENT DEPARTMENT SURPLUS PROPERTY SALE PROPOSAL PROPERTY ADDRESS: 2424 Brambleton Ave. SW. TAX NUMBER(s): 1470301 DATE:, APPLICANT /CON TACT / PERSON: � FULL NAME (As to be stated an Deed): 1 ORA J tv°,TZ- HOME ADDRESS (or) PRINCIPAL OFFICE: 22S 23 Rn cS7 &) *303 (Physical addresses only. No Post Office Boxes) CITY: EDWbM- STATE: VA. ZIP: 2-,foki— DAYTIME PHONE:54J_5R7_$ J D CORPORATION 91NDIVIDUAL(S) D LIMITED PARTNERSHIP D JOINT TENANTS D LIMITED LIABILITY COMPANY D TENANTS IN COMMON D PARTNERSHIP D SOLE PROPRIETORSHIP TOTAL BID AMOUNT: (Must be expressed.n whole dollar amounts) T£NIO,ob PROPOSED USE: (Please include additional pages, if necessary,: SfQe,LE .P�u-Y REGLA "1 I hereby certify that I have been provided with and have read the announcement of sale for the above-referenced property and subm I this proposal in accordance with all p ovisions of t h P said ar uncement. Signature Lora J Katz, AIA April 17, 2017 Mr. Rob Ledger, Manager, Department of Economic Development 117 Church Avenue, SW Roanoke, VA 24011 RE: 2424 Brambleton Ave. SW Tax no: 1470301 Dear Mr. Ledger, Attached is my proposal for the caretaker's cottage located in Fishburn Park. I hope that it meets with your objectives for preserving this architectural gem. Proposal Elements: The concept plan is attached. My goal for this property is to restore the caretaker's cottage and to live in it Since I was a child this building has been one of my favorites and to think that now I have the opportunity to restore it and to live in it is exciting. The only other structure proposed on the property would come later and is shown on the concept plan as a future small garage and would be located close to Clifford Street, which would be the new access point. A walkway garden path would then be added to connect the parking area to the house entrance. Drawings and bidding would begin within 30 days of approval and construction would begin in approximately 90 days with a maximum one year total project completion timeline. The caretaker's cottage will become my new caretaker's cottage, to serve as a beacon of the past with a view toward the future. I hope the neighbors will feel free to access the park down my new path and I plan on extending the walkway path past my porch entry to allow them to access the park without crossing the grass. Modern systems will be added, but the house will remain intact and restored. The front porch will be retained, but it is falling apart and the foundation will need to be rebuilt. The inside walls will be stripped to the studs to add modern electrical wiring and insulation in the walls and the second floor ceiling. Historical elements on the interior, such as the original fireplace mantels and hearths will be restored. A new kitchen will be added as well as a new bathroom and laundry space. On the exterior, the foundation will be restored, the electrical panel box and meter will be relocated away from the front door and either the original windows will be restored or new insulated windows will be added to match the original style. The hardwood floors seem to be intact and will be refinished on both levels. Of course the house will be repainted inside and out. I am an architect that was born and raised in Roanoke. Currently, I have my own firm and will use my expertise to make sure that this home retains its original character. I have always believed in serving the community and have been on the ARB and currently serve on the Planning Commission. I want to make everyone in the community proud of this house again and know that I an get this accomplished through exterior restoration and interior renovation. To Lora J Katz, AIA make sure that this remains the single home in the park, a conservation easement or other legal building restrictions will be set to protect the parkland in perpetuity. I would like for the property to connect to Clifford in order to keep my car further away from the cottage and enter the site at that location, but if the city would prefer to grant an easement to the cottage through the current park entrance and access drive, then a smaller lot surrounding the house would certainly be acceptable. If this option is selected, then a small defined parking spot would be provided. The cottage is approximately I000sf on the main level and 600sf upstairs. A construction analysis has been completed and it will cost approximately $150,000 to fully renovate this cottage. I plan on using savings and a line of credit to start the process then will sell my current home and use the equity and a small bank loan to fund the remainder of the renovation, The cost includes the following breakdown: HVAC $10,000. Electrical $7500. Plumbing $7500. Kitchen $25,000. Bathroom $10,000. Porch $5000. Structural Reinforcement $10,000. Hardwood Floors $5000. Painting $5000. Driveway and Walking Path $10,000. Lighting and Hardware $5000. Insulation, GWB and Trim $10,000. Windows and shutters $15,000. Selective Demolition $10,000. Contingency $15,000. Tptal $150000. 5. 1 would like to offer $10 ten dollars for this property and would like to ask for tax abatement for five years based upon the pre - improved building assessment. The purchase is also contingent on rezoning approval. Thank you for your consideration. I look forward to hearing from you Lora J Katz, AIA June 6, 2017 Mr. Rob Ledger, Manager, Department of Economic Development 117 Church Avenue, SW Roanoke, VA 24011 RE: 2424 Brambleton Ave. SW Tax no: 1470301 Dear Mr. Ledger, Attached is my proposal for the caretaker's cottage located in Fishburn Park. I hope that it meets with your objectives for preserving this architectural gem. Proposal Elements: The concept plan is attached. My goal for this property is to restore the caretaker's cottage and to live in it. Since 1 was a child this building has been one of my favorites and to think that now I have the opportunity to restore it and to live in it is exciting. The only other structure proposed on the property would come later and is shown on the concept plan as a future small garage and would be located close to Clifford Street, which would be the new access point. A walkway garden path would then be added to connect the parking area to the house entrance. Drawings and bidding would begin within 30 days of approval and construction would begin in approximately 90 days with a maximum one year total project completion timeline. The caretaker's cottage will become my new caretaker's cottage, to serve as a beacon of the past with a view toward the future. I hope the neighbors will feel free to access the park down my new path and I plan on extending the walkway path past my porch entry to allow them to access the park without crossing the grass. Modern systems will be added, but the house will remain intact and restored. The front porch will be retained, but it is falling apart and the foundation will need to be rebuilt. The inside walls will be stripped to the studs to add modern electrical wiring and insulation in the walls and the second floor ceiling. Historical elements on the interior, such as the original fireplace mantels and hearths will be restored. A new kitchen will be added as well as a new bathroom and laundry space. On the exterior, the foundation will be restored, the electrical panel box and meter will be relocated away from the front door and either the original windows will be restored or new insulated windows will be added to match the original style. The hardwood floors seem to be intact and will be refinished on both levels. Of course the house will be repainted inside and out. I am an architect that was born and raised in Roanoke. Currently, I have my own firm and will use my expertise to make sure that this home retains its original character. I have always believed in serving the community and have been on the ARB and currently serve on the Planning Commission. I want to make everyone in the community proud of this house again and know that I can get this accomplished through exterior restoration and interior renovation. To Lora f Katz, AIA make sure that this remains the single home in the park, a conservation easement or other legal building restrictions will be set to protect the parkland in perpetuity. I would like for the property to connect to Clifford in order to keep my car further away from the cottage and enter the site at that location, but if the city would prefer to grant an easement to the cottage through the current park entrance and access drive, then a smaller lot surrounding the house would certainly be acceptable. If this option is selected, then a small defined parking spot would be provided. 4. The cottage is approximately I000sf on the main level and 600sf upstairs. A construction analysis has been completed and it will cost approximately $150,000 to fully renovate this cottage. I plan on using savings and a line of credit to start the process then will sell my current home and use the equity and a small bank loan to fund the remainder of the renovation. The cost includes the following breakdown: HVAC $10,000. Electrical $7500. Plumbing $7500. Kitchen $25,000. Bathroom $10,000. Porch $5000. Structural Reinforcement $10,000. Hardwood Floors $5000. Painting $5000. Driveway and Walking Path $10,000. Lighting and Hardware $5000. Insulation, GWB and Trim $10,000. Windows and shutters $15,000. Selective Demolition $10,000. Contingency $15,000. Total $150,000. S. I would like to offer $10 ten dollars for this property. The purchase is contingent on rezoning approval. Thank you for your consideration. I look forward to hearing from you. dll OAF! VALLEY PRESERVATION FOUNDATION� PRO n +'i. PROW II •PRaverR August 21, 2017 Dear Mayor and Members of City Council: The mission of the Roanoke Valley Preservation Foundation is to promote the preservation of the historic, cultural and natural resources of the Roanoke Valley. As City Council seeks a solution to the challenges presented by city -owned historic structures, which are vacant and in disrepair, the Foundation's primary concern is the preservation of these buildings and the history they represent. The parcel was originally granted to Thomas Smith, with later owners of James Crawford Thompson (1825), Weaver Heights Corporation (1930), and then City of Roanoke in 1935. The house, which may date as early as the 1830s, stands as one of the earliest surviving structures in the City and one of the few, if not only, examples of heavy timber, mortise-and-tenon construction .Park caretakers and their families started to occupy the structure in 1926, when the park was known as Weaver Park and was part of the Weaver Heights development. In 1935, Weaver Park merged with land donated by J.B. Fishburn to create Fishbum Park. fhe first caretaker was John Blackwell, and he and his family occupied the house for more than sixty years. Following Blackwell's death in 1948, his son George continued the caretaker duties and occupied the house until at least 1989. It is important to note that, while the house may be nearly 200 years old and is significant for its role in the early settlement of the area, it has been in public ownership and part of the park for approximately half of that time. For this reason, the Foundation feels strongly that the City should carefully consider the value of this property to the park and the surrounding community before selling it into private ownership. Unlike other historic houses in city parks— such as Buena Vista and the Compton- Bateman House, the Fishburn Park Caretaker's Cottage is in reasonably fair condition and is a manageable -size structure to maintain and use that could become an amenity to the park. Additionally, the house is highly visible and located within a well -used park. Finally, the Grandin Court Neighborhood Association has invested in repairs to the house in the past and expressed an interest in using the building and continuing to support its maintenance. The Foundation has agreed to support the GCNA by acting as its fiduciary agent for tax exempt donations until a 5016 organization is formed. For these reasons, the Foundation urges the City to consider alternatives and potential partnerships with its citizens prior to selling the property. In the event that the Council decides to sell the Fishbum Park Caretaker's Cottage to a private owner, the Foundation requests that the City place a preservation easement on the property prior to its sale. In addition to protecting the property in perpetuity, a preservation easement would also require that the structure be maintained and treated appropriately by all future owners. An casement is the only mechanism that would provide for ongoing monitoring of the property's condition as well as its long -tens preservation. Additionally, we request that the City install an interpretive panel in Fishburn Park to document the history of the Park and the Caretaker's Cottage .'fire Foundation strongly believes that if Council decides to divest itself of historically- significant public properties, it is your responsibility to the citizens of Roanoke to ensure the preservation of these structures and the history they represent by placing them under a preservation easement. Sincerely, The Roanoke Valley Preservation Foundation The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL ACTING RKE CITY MGR 456 NOEL 0. TAYLOR MUNICIPAL BLDG 215 CHURCH AVENUE SW ROANOKE, VA 24011 Account Number 6017304 Date August14,2017 Date Category Description Ad Size Total Cost 06/20/2017 Eegal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirements 1 x 63 L 357.28 0811412017 141..is'.. o of Sir 0. tir °their ac —ben g no or In or other obligations by Buy,,. Publisher of the NOTICE OF PUBLIC HEARING me proposed c Roanoke Times to the anee 15 2r lr lJf '-_oeeu beer sin-Ilfo rreu. Run in hunch l Taylor Icing. 2ls 164016 A oft v v ot.0�iss.), a emvd. e hereby amen that and counrl of fhe is I, (the undersigned) an authorized representative of the or Roanoke 017,1 a Punic y Of after Mnn4rma August .O. 2.11. F h111iMj On August twin Auoo.t ro1Leaae: a '11 . Roanoke Times, a daily newspaper published in Roanoke, in the May cncourberrn. Fwo :a adorn is .Nei c� State of Virginia, do certify that the annexed notice NOTICE OF ray for Municipal Building. 5 chase S.W.. Roanoke, Virginia, 24011, PUBLIC HEARING was published in said newspapers on the All ,l cad interested .�.°w� are Of Ralf ournerify following dates: 0811412017 141..is'.. o of Sir 0. tir °their ac —ben g no or In or other obligations by Buy,,. The First insertion being given ... 08/14/2017 me proposed c ON nonIf ce will be tillable a e CI[y beer sin-Ilfo rreu. Run in hunch l Taylor Icing. 2ls 164016 A Newspaper reference: 0000586883 oke, Virginia. 2<Bll on no n no after Mnn4rma August .O. 2.11. F th cr 1 M MY ontact tae Office of the Coy dl— / at (540)853 -25 1_ All ,l cad interested a °ooyl,na�r_ bml tom 1 o ll M,11 Billing Representative dlo :bm n uin rust 5e t n ." inn Qtr Clerk's 83 1141. hi l2ou ...... Th :�eaas n4 u.t v. 2017. grist Sworn to and subscribed before me this Monday, August 14, 2017 anon, my b uas 14th day Of A.gust 2.11 / y v eOhaN a M_ MOoo anv..IS MMq City Clerk llr2/ ♦ t Mr,ENN, 2, 6a6ea3) Nota� Pu lie `�P.......... Fir :'NOTARY State of Virginia �Q, h ; PUCLIC City/County of Roanoke ^�1^21 * RE& Vg32964 My Commission expires''r' i MY COMMISSION : NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2 - 1800.13 and 15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on August 21, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4" Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on a proposed Contract for Purchase and Sale of Real Property (Contract) between the City of Roanoke (City) and Lora J. Katz, (Buyer) wherein the City proposes to sell to Buyer certain real property located at 2424 Brambleton Avenue, S.W., Roanoke, Virginia, consisting of approximately 1.4 acres of a portion of City - owned property, together with the Building situated thereon (Property), the Property being a portion of City -owned property designated as Official Tax Map No. 1470301 for the sum of $10.00, together with other consideration and performance of other obligations by Buyer. A copy of the proposed Contract and Ordinance will be available at the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on and after Monday, August 14, 2017. For further information on the matter, you may contact the Office of the City Clerk at (540)853 -2541. All parties and interested entities may appear on the above date and time to be heard on the above 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 12:00 noon on Thursday, August 17, 2017. Given under my hand this 14" day of August, 2017. Lie M. Moon Reynolds, MMC, City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Monday, August 14, 2017 Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC City Clerk 4" Floor, Noel C. Paylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Phone: (540) 853-2541 Send Invoice to: Sherman Stovall, Acting City Manager 3rd Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853-2333