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HomeMy WebLinkAbout11/3/2015 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, November 3, 2015 6:00 p.m. RECEPTION TO HONOR TOWN OF VINTON EMPLOYEES WHO ARE VETERANS - MUNICIPAL BUILDING LOBBY AGENDA Consideration of: A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS E. CONSENT AGENDA F. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Recognition of Town of Vinton Employees who are Veterans 2. Introduction of Richard “Pete” Peters, Jr., the new Assistant Town Manager/Director of Economic Development G. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. H. TOWN ATTORNEY I. TOWN MANAGER BRIEFINGS 1. Briefing on petition of Old School Partners, LLC, Authorized Agent, for a rezoning of the former Roland E. Cook School Property, from R-2 Residential to Mixed Use Development (MUD) to convert to 21 residential apartments with supporting recreational/small business uses, at 412 S. Poplar Street, Vinton, Tax Map Number 060.16-09-39.00 and 40.00. 2. Briefing on the proposed granting of a Gas Franchise to Roanoke Gas Company. Bradley E. Grose, Mayor Matthew S. Hare, Vice Mayor I. Douglas Adams, Jr., Council Member Sabrina McCarty, Council Member Janet Scheid, Council Member 311 South Pollard Street Vinton, VA 24179 2 J. MAYOR K. COUNCIL 1. Comments from Council Members L. ADJOURNMENT M. WORK SESSION 1. Review of the Vinton Area Corridors Plan Study and Downtown Revitalization Plan as it relates to Washington Avenue. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. NEXT TOWN COUNCIL MEETINGS/COMMITTEES: November 9, 2015 – 3:00 p.m. – Finance Committee meeting – Finance Conference Room November 17, 2015 - 6:00 p.m. - Work Session followed by regular meeting at 7:00 p.m. – Council Chambers November 19, 2015 – 8:00 a.m. – Vinton Area Chamber of Commerce, State of the Town and Membership Meeting – Vinton War Memorial Meeting Date November 3, 2015 Department Human Resources Issue Recognition of Town of Vinton employees who are Veterans Summary We would like to recognize our employees who are Veterans for their service to our County. Attachments None Recommendations Recognize Veterans and present Certificates Town Council Agenda Summary Meeting Date November 3, 2015 Department Administration Issue Introduction of Richard “Pete” Peters, Jr., the new Assistant Town Manager/Director of Economic Development Summary The Town Manager will introduce Mr. Peters at the meeting. Attachments None Recommendations No action required Town Council Agenda Summary 1 Meeting Date November 3, 2015 Department Planning and Zoning Issue Briefing on the petition of Old School Partners, LLC, Authorized Agent, for a rezoning of the former Roland E. Cook School Property, from R-2 Residential to Mixed Use Development (MUD), to convert to 21 residential apartments with supporting recreational/small business uses, at 412 S. Poplar Street, Vinton, Tax Map Number 060.16-09-39.00 and 40.00. Summary According to the Petitioner, the rezoning request of the former Roland E. Cook School property to the MUD district will allow the existing school building be adaptively reused for 21 upscale apartment units, with 15 one-bedroom and six studio units. Roland E. Cook School was used as an educational facility from 1915 to 2009. The two-story building, with a basement, consists of 17,642 square feet area on 1.046 acres. A rezoning application was received by Staff on October 1, 2015. The Petitioner, Old School Partners, LLC, is the authorized agent for Roanoke County Board of Supervisors. Old School Partners, LLC, members are David Spigle, an attorney; Dale Wilkinson, a developer; David Hill, an architect, and Gregory Rhodes, a builder. On September 28, 2015, a flyer regarding an open house being held on October 12th about the proposed redevelopment of the former school was mailed to the property owners of the neighborhood adjacent to the school and local media. Mr. Wilkinson was interviewed on air by WFIR Radio about the open house and the project. Three members of Old School Partners, LLC, along with two staff from Hill Studio were on hand at the open house held on October 12th, at Vinton Wesleyan Church, from 6:30 p.m. to 8:00 p.m. About 25 people attended the open house, and the majority of them were excited about the proposed project since they either attended the school or know someone who attended the school. Additionally, according to some who attended the open house, the former school building needs to be reused soon instead of being left vacant. They were happy that the building was not going to be demolished. Town Council Agenda Summary 2 At the October 8, 2015, work session of the Planning Commission, the Petitioner presented a PowerPoint slideshow about the project to the Commissioners. On October 19, 2015, a letter was mailed to surrounding property owners to notify them of the request and to inform them of the dates and times of the Planning Commission and Town Council public hearings. Additionally, the notice for the public hearings has been advertised in The Vinton Messenger and on RVTV-3. The public hearing by the Planning Commission will be held on November 5, 2015, and the Town Council public hearing will be held on November 17, 2015. On October 22, 2015, Staff received an email from Mr. Jim Peters, the property owner of 317 Jefferson Avenue. The email was to inform Staff that he was in receipt of the letter regarding the public hearings for the rezoning request. Mr. Peters is not going to be able to attend the public hearings, but he wanted to express his support for the rezoning request and putting the building to use in a combination of residential and business property. He said he hopes the project will be successful. On October 26, 2015, Staff received a letter dated October 21, 2015, from Ms. Dawn Hale of 422 Chestnut Street. The letter was addressed to Town Council and Planning Commission. Ms. Hale indicated that the neighborhood has undergone many changes since 1952 when apartments started to be built in the neighborhood. She said she and her family have had to endure many criminal and undesirable acts from the apartment dwellers. Ms. Hale stated that the neighborhood does not need any more apartments, and Roland E. Cook can be used to serve a better purpose. Ms. Hale respectfully asks that the Town abandon the idea and explore other uses for which this revered institution can be utilized. Staff Comments With a rezoning request, Town Council is given the opportunity to review the request and impose any such conditions as reasonably necessary to ensure the use will be compatible with the surrounding area and consistent with the intent of the Zoning Ordinance. Attachments Staff Report Petitioner’s Rezoning Application and Supporting Materials List of Property Owners Notified and Vicinity Map Email from Jim Peters, President, Taz Wade, Inc., Property Owner 317 Jefferson Avenue Letter from Dawn Hale, 422 Chestnut Street, Vinton Petitioner’s PowerPoint Slideshow Presentation Recommendations No action required STAFF REPORT PETITIONER: Old School Partners, LLC PREPARED BY: Anita J. McMillan Authorized Agent CASE NUMBER: 2-10-15 DATE: October 21, 2015 A. NATURE OF REQUEST The Petitioner, Old School Partners, LLC, an authorized agent for Roanoke County Board of Supervisors, is requesting a rezoning of the former Roland E. Cook School property, from R-2 Residential to Mixed Used Development (MUD) to convert the existing vacant school building to twenty one (21) residential apartments with supporting recreational/small business uses, located at 412 S. Poplar Street, tax map number 060.16-09-39.00 and 060.16-09-40.00. B. APPLICABLE REGULATIONS The property is currently zoned R-2 Residential District which does not allow apartment/multi- family dwellings with 3 or more units and/or mixed uses to be located in the same building. Multi-family dwellings are only allowed in the R-3 Residential District with a Special Use permit, and by right in the PD Planned Development and MUD Mixed Use Districts. Mixed residential and business uses within the same building are currently only allowed in the business districts such as GB General Business (under certain conditions), CB Central Business (under certain conditions), PD Planned Development, or MUD Mixed Use. Beginning in September 2014, staff began reviewing and preparing an ordinance to incorporate a mixed use development district as a new district classification in the Town’s Zoning Ordinance. Members of the Town Council, Planning Commission and Staff were aware of several vacant parcels, building, and underutilized properties located throughout the Town, including the Off- track Betting Center, River Park Shopping Center, Old William High School and Roland E. Cook School buildings. Mixed use is intended as an improvement over traditional, segregated-use zoning. Mixed use is a way of creating a multi-use, multi-purpose building or set of buildings, incorporating some combination of residential, commercial, industrial, office, institutional, or other land uses as part of the overall environment. The Town’s Mixed Use Development (MUD) district was adopted on April 21, 2015. The intent of the MUD district is to encourage the orderly development of mixed residential/commercial sites and to encourage innovative development patterns that create a desirable environment, particularly for lots which contain a number of constraints to conventional development. C. ANALYSIS OF EXISTING CONDITIONS Background The discussion on alternative uses for the Roland E. Cook school building started in March 1999, when it was known that the elementary school would be closed by end of the 1999 school year. The school building was then used as alternative school for high school students from Roanoke and Bedford Counties until fall of 2009, when the building was permanently closed and no longer used as a school facility. On November 20, 2013, a community meeting hosted through a partnership between the Town of Vinton and Roanoke County was held in the Council Chambers to discuss the future of the Roland E. Cook School property. The majority of people in attendance agreed that the former school building should not be demolished; the front façade of the building should be retained; and that the building should be reused for either a retirement community or for a higher education facility. It was stated then that a private investor would be needed to develop the site, and the rezoning of the property should not be done until a definite use of the property is determined. Roland E. Cook School property was transferred from Roanoke County Schools to the Roanoke County Board of Supervisors in October 2013. In April 2014, Roland E. Cook School Request for Proposals was advertised by the County of Roanoke stating that the County was accepting proposals for the purchase and redevelopment of the former school building. One proposal was received from Old School Partners, LLC. As stated above the property is currently zoned R-2 Residential District which does not allow apartment/multi-family dwellings with 3 or more units and/or mixed uses to be located in the same building. Multi-family dwellings are only allowed in the R-3 Residential District with a Special Use permit, and by right in the PD Planned Development and MUD Mixed Use Districts. Mixed residential and business uses within the same building are currently only allowed in the business districts such as GB General Business (under certain conditions), CB Central Business (under certain conditions), PD Planned Development, or MUD Mixed Use. After several work sessions held by the Planning Commission and Town Council in the fall of 2014 and spring 2015, on April 21, 2015, the zoning ordinance was amended to establish a Mixed Use Development (MUD) district classification. Mixed use district is intended as an improvement over traditional, segregated-use zoning. There are several vacant parcels, buildings and underutilized properties located throughout the Town that may be able to be developed under the new MUD District. Prior to the rezoning application being submitted, a pre-filing meeting was held in the Town of Vinton, on September 9, 2015, between David Hill, Hill Studio/Old School Partners, LLC, and representatives of the County of Roanoke and Town of Vinton. Please see attached minutes of the meeting. On September 28, 2015, a flyer regarding an open house on the proposed redevelopment of the former school property was mailed to the property owners of the neighborhood adjacent to the school and emailed to local media outlets. At the October 8, 2015, work session of the Planning Commission, the Petitioner presented a PowerPoint slideshow to the Commissioners and those in attendance at the meeting. Three members of the Old School Partners, LLC, along with two staff from Hill Studio were on hand at the open house held on October 12th, at Vinton Wesleyan Church, from 6:30 p.m. to 8:00 p.m. About 25 people attended the open house, and the majority of them were excited about the proposed project since they either attended the school or know someone who attended the school. Additionally, according to many of those who attended the open house, the former school building needs to be reused soon instead of being left vacant. They were happy that the building was not going to be demolished. On October 1, 2015, a rezoning application was received along with an authorization letter from Roanoke County Administrator, Thomas Gates, authorizing Old School Partners, LLC, to file the rezoning application on behalf of the County of Roanoke. On October 8, 2015, a work session of the Planning Commission was held to discuss the proposed rezoning. On October 12, 2015, an Open House was held at Vinton Wesleyan Church by the Petitioner on the proposed redevelopment of the former vacant school building into 21 upscale apartment units with supporting recreational/small business uses. On October 19, 2015, a letter was mailed to surrounding property owners to notify them of the rezoning request and to inform them of the dates and times of the Planning Commission and Town Council public hearings. Additionally, the notice for the public hearings has been advertised in The Vinton Messenger and on RVTV-3. The public hearing by the Planning Commission will be held on November 5, 2015, and the Town Council public hearing will be held on November 17, 2015. Location – 1.046 acres developed parcel located at 412 South Poplar Street. The school building can be accessed from South Poplar Street, Jefferson Avenue, South Blair Street, and a 10-feet wide paved alley located on the north side of the building. Topography/Vegetation – The developed parcel is level and developed with a vacant school building, paved concrete sidewalks to the west and south of the building, paved parking areas to the east, and a grassy front lawn and a few mature trees. Adjacent Zoning and Land Uses –The area to the west of the Property is zoned RB Residential Business and is developed with a church and paved parking areas; the areas to the north, east and south are zoned R-2 Residential and developed with single-family, two-family and multi-family structures. D. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture – Please see attached survey, property map, aerial photography, conceptual plan, parking and accessibility plan, and the proposed exterior improvements to the Roland E. Cook School, which were included with the rezoning application. The existing Roland E. Cook School Building will be redeveloped into 21 residential apartments with supporting recreational/small business uses (third floor gym/auditorium space). In March 2015, the building, built in 1915, was determined to be eligible to be listed on the National Register of Historic Places. Old School Partners, LLC, intends to use historic tax credits to rehabilitate the vacant facility to residential apartments; therefore, the property will be redeveloped in accordance with the Secretary of the Interior’s Standards for Rehabilitation. Most of the existing trees, front lawn, sidewalk connections, surrounding walls, stairs, and the original flagpole will be retained. The asphalt playground on the east side of the property will be redeveloped and landscaped for 27 off-street parking spaces. Additionally, as allowed under the MUD district, the Petitioner indicated that there are 59 on-street parking spaces within 200 feet and 159 on-street parking spaces within 400 feet of the proposed redevelopment. A new sidewalk will connect the building to South Blair Street, and the existing alley access will be retained with some parking spaces added to the property just off the east side of the alley. According to the Petitioner, the historic building will be preserved and sensitively adapted for housing. In using historic tax credits, the building will retain its architectural character and its environmental setting in the residential neighborhood. Changes to the exterior of the property and building will be minor. Additional parking will be added to the rear of the property near Blair Street. Some minor grading on the north side of the building will accommodate a courtyard for first floor apartments and an additional entrance/exit. The property will remain primarily in residential use. The classrooms will become individual apartments. The third floor gym space will be developed for recreational/small business flex space offering opportunities for community activities, art/exercise classes, special events, and perhaps business services (e.g. coffee/snack bar, personal service concierge, shared co-working space, etc.). An elevator will be added to serve the building. Site Access – The proposed redevelopment of the school building can be accessed from South Poplar Street, Jefferson Avenue, South Blair Street, and a 10-feet wide paved alley located to the rear of the building. South Poplar Street and Jefferson Avenue are 50-feet wide right-of-ways and South Blair Street is a 40-feet wide right-of-way. Currently, the property is comprised of two parcels. Staff recently received a combination plat submittal for the two parcels to be combined. Utilities – The developed Property is served by public water and sewer services. An interior sprinkler system is being proposed for the redevelopment of the school building. E. COMPREHENSIVE PLAN/FUTURE LAND USE The 2004-2024 Town Comprehensive Plan designated the developed Property and the property to the north, south and east, as low-density and the property to the west as medium-density residential land use areas. The Comprehensive Plan also recognized that the Town does not contain a Historic Overlay District. It indicated that the Central Business District area and the Jefferson Park Neighborhood, which includes the Roland E. Cook School building, may be considered as the proposed historic district. Additionally, at the conclusion of the 2004-2024 Town Comprehensive/Economic and Community Development Plans public input prioritization process, acquisition of Roland E. Cook School from Roanoke County to adaptively reuse it for potential elderly housing or an assisted living facility, was ranked as the third highest out of six categories presented. F. STAFF CONCLUSION Approval of the proposed rezoning from R-2 Residential District to Mixed Use Development (MUD) District would allow the existing vacant school building to be adaptively reused as residential and recreational/small business flex space. The proposed redevelopment of the school building would be consistent with the existing uses of the adjoining properties to the south and east, which are developed with single-family, two-family and multi-family dwellings. As indicated by the Petitioner, the redevelopment of the property will promote and encourage the economic vitality of the community and preserve a historic building while providing increased economic investment. The Petitioner further indicates that the redevelopment of the facility for the proposed use will not adversely affect adjoining properties and will enhance the neighborhood by taking a vacant building and repurposing it for a suitable alternative use that maintains the historic architecture and setting of the building. Adequate utilities and public facilities are already in place to serve the proposed apartments. The property owner may submit that only certain uses to be allowed on the property as proffered conditions for the rezoning request. In addition, with rezoning request, the planning commission and the town council may impose such conditions as reasonably necessary to ensure the use will be compatible with the surrounding area and consistent with the purpose of the zoning ordinance. As indicated in the rezoning application, the Petitioner has proffered that the Roland E. Cook building, as a historic property, will be redeveloped in accordance with the Secretary of the Interior ‘s Standard for Rehabilitation, as follows: The Standards (Department of Interior regulations, 36 CFR 67) pertain to historic buildings of all materials, construction types, sizes, and occupancy and encompass the exterior and the interior, related landscape features and the building's site and environment as well as attached, adjacent, or related new construction. The Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility. 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. G. CITIZEN(S) COMMENTS On October 22, 2015, Staff received an email from Mr. Jim Peters, the property owner of 317 Jefferson Avenue. The email was to inform Staff that he was in receipt of the letter regarding the public hearings for the rezoning request. Mr. Peters is not going to be able to attend the public hearings, but he wanted to express his support for the rezoning request and putting the building to use in a combination of residential and business property. He said he hopes the project will be successful. On October 26, 2015, Staff received a letter dated October 21, 2015, from Ms. Dawn Hale of 422 Chestnut Street. The letter was addressed to Town Council and Planning Commission. Ms. Hale indicated that the neighborhood has undergone many changes since 1952 when apartments started to be built in the neighborhood. She said she and her family have had to endure many criminal and undesirable acts from the apartment dwellers. Ms. Hale stated that the neighborhood does not need any more apartments, and Roland E. Cook can be used to serve a better purpose. Ms. Hale respectfully asks that the Town abandon the idea and explore other uses for which this revered institution can be utilized. Roland E. Cook Lofts Vinton Town Council Workshop Old School Partners, LLC Roanoke County November 3, 2015 Goals for Roland E. Cook Lofts 1.Create Downtown Vitality 2.Raise Esteem of the Community 3.Make your worst place your best place 4.Engage Creative Community through Design and Construction 5.Provide Business Opportunities to Community 6.Demonstration Project to follow 7.Do well by Doing Good. Roland E. Cook Lofts Cornerstone: 1915 Project Initiated: 2015 Project Complete: Spring 2017 0 20 40 80 120 160’ Roland E. Cook Lofts Existing Flagpoles, Front Curbs to Remain Most of Existing Surrounding Walls, Steps and Rails to Remain Most of Existing Trees To Remain. Some are Memorial Trees Grading to add courtyard spaces and first floor exits Asphalt Play transformed into Entry and Landscaped Parking Existing Chain Link Fences Removed - Site Resource Protection Roland E. Cook Lofts On-Street Parking 12 12 8 7 8 6 1 1 2 2 PARKING COUNT: 59 on-street spaces within 200’ 159 on-street spaces within 400’ 0 20 40 80 120 160’ Existing One-way Alley to Remain New Sidewalk links 8 new parking spaces 5’ painted Fire Lane Gated Dumpster enclosure Roland E. Cook Lofts – Parking and Accessibility Existing Sidewalk System to remain Painted Fire Lane New Landscaped Upper Parking connects building to Blair Street 16 spaces + 2 HP = 18 Curbside Parking adjacent to all street frontages Accessible Routes To Interior and Elevator Roland E. Cook Lofts Original Illustrative Site Plan 0 20 40 80 120 160’ Front Lawn Garden Plots Courtyards on sides to bring light and grade-level Access to lower floor apartments Old wall removed and slope graded to allow Handicapped lower-floor access October 1, 2015 Roland Cook Lofts Recommendations since Submittal: 1. Consider Angled Parking Spaces Roland Cook Lofts Recommendations since Submittal: 2. Do not build sunken courtyards on Jefferson Street side Consider courtyards on Poplar Street (front) side Roland E. Cook Lofts Revised Illustrative Site Plan 0 20 40 80 120 160’ Front Lawn Garden Plots Courtyards on sides to bring light and grade-level Access to lower floor apartments Old wall removed and slope graded to allow Handicapped lower-floor access October 1, 2015 Roland E. Cook Lofts Signage Concept E. Roland E. Cook Lofts Vinton Town Council Workshop Old School Partners, LLC Roanoke County November 3, 2015 Meeting Date November 3, 2015 Department Administration Issue Briefing on the proposed granting of a gas franchise to Roanoke Gas Company Summary The current franchise agreement with Roanoke Gas Company is set to expire on December 31, 2015. The Town has published the required legal notice soliciting proposals to provide natural gas services to the Town of Vinton customers. Town staff has also reviewed our current agreement with our neighbors, including Roanoke City, Roanoke County and the City of Salem. The consensus of the managers of each locality is that the overall structure and financial tax structure is fair and equitable. The structure meets our expectations and provides consistency across corporate boundaries. This allows for a more even playing field for customers and prospective industries. Attachments Legal Advertisement Draft agreement Recommendations No action required Town Council Agenda Summary TOWN OF VINTON NOTICE OF PUBLIC HEARING PROPOSED GRANT OF GAS FRANCHISE AND INVITATION TO BID Pursuant to the provisions of Sections 15.2-2100 et seq., of the 1950 Code of Virginia, as amended, the Town Council of the Town of Vinton, Virginia, hereby gives notice of a public hearing to be held on Tuesday, November 17, 2015, at 7:00 p.m., or immediately thereafter, in the Council Chambers of the Vinton Municipal Building, 311 South Pollard Street, Vinton, Virginia. The purpose of the public hearing is to receive public comments concerning the proposed granting of a twenty (20) year Gas Franchise to Roanoke Gas Company commencing on January 1, 2016. In addition, the Town shall publically receive bids for the proposed gas franchise from other providers. Interested parties shall submit bids in writing by 5:00 p.m. on Tuesday, November 17, 2015 to Susan N. Johnson, Town Clerk, 311 South Pollard Street, Vinton, Virginia. Any bids will be opened in public session and marked for identification by the Town Clerk. The cost of this advertisement shall be paid by the town which shall be reimbursed by the company to whom the franchise is granted. The town shall have the right to reject any and all bids and reserves this right in the advertisement. A complete copy of the proposed Ordinance and additional information concerning this public meeting is available in the Town Manager’s Office, located in the Vinton Municipal Building, (540) 983-0607. Persons requiring special assistance to attend and participate at this public meeting should contact the Town Manager’s office at (540) 983-0607. Susan N. Johnson Town Clerk ------------------------------------------------------------------------------------------------------- Please publish on Thursday, November 5, 2015 and Thursday, November 12, 2015. Please send invoice and affidavit of publication to: Susan N. Johnson Town Manager’s Office Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 1 GAS FRANCHISE AGREEMENT THIS AGREEMENT (“Agreement”), made and entered into this ____ day of __________, 2015, by and between the TOWN OF VINTON, VIRGINIA, a Virginia municipal corporation (“Grantor”), and ROANOKE GAS COMPANY, a Virginia corporation (“Grantee”). WHEREAS, Grantor has reviewed the proposal for a Gas Franchise of Grantee; and WHEREAS, Grantor, at a duly authorized and regular meeting of its Town Council, did vote to grant a renewal of the Gas Franchise to Grantee pursuant to provisions of the State Code and Town Charter. NOW, THEREFORE, in consideration of said grant of renewal of the Gas Franchise, the parties agree as follows: 1. GRANT. Grantor hereby grants to Grantee and Grantee hereby accepts a franchise to construct, reconstruct, operate, maintain, repair, and extend a Gas Distribution System within Grantor’s Territorial Limits in accordance with the terms and conditions set forth below (“Franchise”). The Franchise is granted pursuant to Grantor’s Franchise Ordinance (Ordinance No. ________________), adopted ___________, 2015, (“Ordinance”), which is incorporated by reference herein, including any applicable definitions. 2. TERM. The term of the Franchise shall be twenty (20) years, commencing on January 1, 2016. 3. FRANCHISE FEE. (a) Grantee shall pay to Grantor a Franchise Fee which shall be calculated pursuant to this Section. It is understood that Grantee has or will enter into franchise agreements with the City of Roanoke (“Roanoke”) and the City of Salem (“Salem”) and the Town of Vinton (“Vinton”) (Grantor, Roanoke and Salem being hereinafter sometimes collectively referred to as the “localities” and singularly as a “locality”) with fee provisions identical to this one, and that the total annual Franchise Fee to be paid to the three localities in aggregate is $98,196 for calendar year 2016 (“base year total annual Franchise Fee”). Grantor’s Franchise Fee shall be a percentage share of the base year total annual Franchise Fee, which shall be determined on a pro rata basis according to its percentage share of the total dollar value of Grantee’s gas sales occurring within the localities during the calendar year. For each calendar year of the Franchise, each locality’s percentage share shall be determined by the following formula: total dollar value of Grantee’s gas sales within Locality’s percentage share = the Territorial Limits of the locality total dollar value of Grantee’s gas sales in the three localities For calendar year 2016, the Franchise Fee shall be paid to Grantor on or before March 31, 2017. (b) For each succeeding calendar year during the term of this Franchise, the total annual Franchise Fee paid by Grantee to the localities shall be the base year total annual Franchise Fee increased by three (3) percent compounded annually over the term of the Franchise. For each calendar year during the term 2 of this Franchise, Grantor’s percentage share shall be determined pursuant to this Section, and paid to Grantor on or before March 31 of the succeeding calendar year. 4. BUSINESS OFFICE. Grantee shall during the term of this Franchise maintain at least one business office within the Territorial Limits of Grantor. Such office shall be open at least forty (40) hours per week for the conduct of business between Grantee and its customers. 5. NONDISCRIMINATION. Grantee shall not discriminate on the basis 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 Grantee. 6. NOTICE. All notices required under this Agreement or the Ordinance shall be in writing and shall be deemed validly given, unless otherwise required, when 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): Grantor: Grantee: Town of Vinton Roanoke Gas Company Attention: Town Manager Attention: President 311 S. Pollard Street 519 Kimball Avenue, N.E. Vinton, Virginia 24179 P.O. Box 13007 Roanoke, Virginia 24030 The parties may, by notice given under this Section, designate such other addresses as they may deem appropriate for the receipt of notices under this Agreement. 7. EFFECTIVE DATE. The effective date of the Franchise will be January 1, 2016. SIGNATURES APPEAR ON FOLLOWING PAGES 3 IN WITNESS WHEREOF, the parties hereto have signed this Agreement by their authorized representatives. WITNESS: ROANOKE GAS COMPANY _________________________________ By_________________________________ John S. D’Orazio, President and CEO ________________________________ Printed Name and Title WITNESS: TOWN OF VINTON, VIRGINIA ________________________________ By_________________________________ Christopher S. Lawrence, Town Manager ________________________________ Printed Name and Title Meeting Date November 3, 2015 Department Administration Issue Review of the Vinton Area Corridors Plan Study and Downtown Revitalization Plan as it relates to Washington Avenue. Summary As a follow up to the Council Strategic Planning Retreat, the Town Manager will review these two plans with Council. Attachments None Recommendations No action required Town Council Agenda Summary