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Home My WebLink About36760-070604 - 37194-0919051 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of July, 2004. No. 36760-070604. A RESOLUTION recognizing the Honorable Beverly T. Fitzpatrick, Jr., as a member of the City Council and Vice-Mayor of the City of Roanoke. WHEREAS, the Honorable Beverly T. Fitzpatrick, Jr., received the largest number of votes of any candidate running for Council in the regular Councilmanic election held on the first Tuesday in May, 2004, and was, therefore, elected Vice-Mayor of the City for a two-year term commencing on July 1, 2004, as provided by §4 of the Charter of the City of Roanoke; THEREFORE, BE IT RESOLVED by the Council of the Ci.ty of Roanoke that the Honorable Beverly T. Fitzpatrick, Jr., be, and he is, hereby recognized to be a duly elected member of the Council of the City of Roanoke for a term commencing on the ].st day of July, 2004, and continuing for a period of four years and until his successor shall have been elected and qualified, and to be the duly elected Vice-Mayor of the City for a term commencing July 1, 2004, and continuing for a period of two years and until his successor shall have been elected and qualified. City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of July, 2004. No. 36761-070604. A RESOLUTION recognizing the services of the Honorable C. Nelson Harris as Vice-Mayor of the City of Roanoke. 2 WHEREAS, the Honorable C. Nelson Harris was elected Vice-Mayor of the City of Roanoke by virtue of receiving the largest number of votes in the Councilmanic election held on the first Tuesday of May, 2002, and served in this office from July 1, 2002, to June 30, 2004; and WHEREAS, Mr. Harris has served diligently and with distinction as Vice- Mayor, performing many an_d varied responsibilities required of him as Vice- Mayor in a selfless manner while also honorably discharging his other duties on the City Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Mayor and Members of this body do hereby recognize and commend the Honorable C. Nelson Harris for his outstanding service as Vice- Mayor of this City and assure him of their continued support as he continues his service as a Member of Council, and begins his tenure as Mayor of the City of Roanoke. 2. The Clerk is directed to transmit an attested copy of this ResolUtion to Mr. Harris. APPROVED ATTEST: Mary F. Parker City Clerk · C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of July, 2004. No. 36762-070604. A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2004, and terminating June 30, 2005, and rescheduling one regular meeting to be held in the month of October 2004. 3 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This resolution establishes a schedule of regular meetings for City Council for the Fiscal Year commencing July 1, 2004, and terminating June 30, 2005. 2. For such fiscal year, City Council shall hold regular meetings on the first and third Mondays of each month, at the following times of commencement: (a) Unless otherwise provided by resolution of Council, each regular meeting on the first Monday in each month shall commence at 9:00 a.m. for the conduct of informal meetings, work sessions, or closed meetings. Thereafter Council shall take up the regular agenda at 2:00 p.m. Council may recess between the 9:00 a.m. session and the 2:00 p.m. session. (b) Unless otherwise provided by resolution of Council, each regular meeting on the third Monday in each month shall commence at 2:00 p.m. for the conduct of regular business. The second meeting of each month shall be recessed upon the completion of all business except the conduct of public hearings, and such meeting shall be reconvened at 7:00 p.m. on the same day for the conduct of public hearings. 3. With regard to the regular meetings scheduled to be held on the first Monday of each month, inasmuch as City officials and Council members will be attending the Virginia Municipal League Annual Conference to be held on October 3-5, 2004, an exception is noted herein and the regular meeting scheduled to be held on Monday, October 4, 2004, is rescheduled to be held on Thursday, October 7, 2004, and shall commence at 9:00 a.m., for the conduct of informal meetings, work sessions or closed meetings, and Council will take up the regular agenda at 2:00 p.m. that day, in accordance with Paragraph 2(a) of this resolution. 4. When any regularly scheduled Monday meeting shall fall on a holiday of the City, such meeting shall be held on Tuesday next following. 5. All meetings of City Council shall be automatically adjourned at IhO0 p.m., unless a motion setting a new time for adjournment be made, seconded, and unanimously carried. ,4 6. Except for the 9:00 a.m. session of the regular meeting on the first Monday in each month, which shall be held in Room 159 of the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., in this City, all regular meetings of City Council shall be held in the Council Chambers, Room 450, of the Municipal Building, unless otherwise provided by resolution of Council. 7. City Council may prescribe a day or time other than that established by this resolution or a meeting place other than that established by this resolution by adoption of a resolution establishing a new meeting day, place or time. City Council shall cause a copy of such resolution to be posted adjacent to the door of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to the date of the meeting at such amended day, time or place 8. This Resolution shall have no application to special meetings of City Council called pursuant to §10 of the City Charter. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of July, 2004. No. 36763-070604. A RESOLUTION appointing Brenda L. McDaniel to fill the unexpired term of C. Nelson Harris. WHEREAS, there exists a vacancy on City Council, arising from the election of C. Nelson Harris as Mayor, effective July 1, 2004. 5 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, pursuant to the provisions of §4 of the Roanoke City Charter, 1952, this Council hereby appoints Brenda L. McDaniel to fill the unexpired term of C. Nelson Harris, which term expires on June 30, 2006. APPROVED Mary F. Parker City Clerk "C; Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of July, 2004. No. 36764-070604. A RESOLUTION authorizing the City Manager to enter into the 2004- 2005 Community Development Block Grant (CDBG) and HOME-funded subgrant Agreement with the Community Housing Partners Corporation, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk, are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the 2004-2005 Community Development Block Grant (CDBG) and HOME-funded subgrant Agreement with Community Housing Partners Corporation, in such form as is approved the City Attorney, upon such terms and conditions as are more particularly set forth in the City Manager's letter dated July 6, 2004, to City Council. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6'h day of July, 2004. No. 36765-070604. AN ORDINANCE appropriating funds for certain sections of the Summer Food Program, amending and reordaining certain sections of the 2004-2005 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2004-2005 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Special Projects Transfer to Grant Fund Grant Fund Appropriations Temporary Employee Wages FICA Program Activities Revenues Federal Grant Receipts Local Match 001-620-8170-2034 001-250-9310-9535 035-630-5189-1004 035-630-5189-1120 035-630-5189-2066 035-630-5189-5289 035-630-5189-5288 (40,000.00) 40,000.00 36,940.00 3,060.00 3,315.00 143,315.00 40,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of July, 2004. No. 36766-070604. A RESOLUTION authorizing acceptance of a grant from the United States Department of Agriculture Food and Nutrition Service on behalf of the City to provide nutritionally balanced, healthy meals for children and youth during the summer months, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Funding from the United States Department of Agriculture Food and Nutrition Service, in the amount of $143,315.00 to provide nutritionally balanced, healthy meals to children during the summer months, as set forth in the City Manager's letter, dated July 6, 2004, to this Council, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, any and all requisite documents pertaining to the City's acceptance of this grant and to furnish such additional information as may be required in connection with the City's acceptance of the foregoing funds. All documents shall be approved as to form by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6'h day of July, 2004. No. 36767-070604. AN ORDINANCE to appropriate funding for additional Fire Program Grant funds, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriation Fire Program Grant FY04 Revenue Expendable Equipment (<$5,000) 035-520-3234-3234 035-520-3234-2035 $14,416.00 14,416.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A]-I'EST: Mary F.A~aarker' City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6'h day of July, 2004. No. 36768-070604. A RESOLUTION authorizing the acceptance of additional FY2004 Fire Programs Grant Funds made available to the City of Roanoke by the Virginia Department of Fire Programs and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. 9 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the grant offer by the Virginia Department of Fire Programs of additional FY2004 Fire Programs Grant Funds in the amount of $14,416.13. 2. The City Manager or the Assistant City Manager for Operations is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of the FY2004 Fire Programs Funds Grant. 3. The City Manager or the Assistant City Manager for Operations is further directed to furnish such additional information as may be required by the Virginia Department of Fire Programs in connection with the City's acceptance of the foregoing grant. ATTEST: APPROVED Mary F. Parker City Clerk C. Nelson. Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of July, 2004. No. 36769-070604. A RESOLUTION authorizing the City Manager's issuance of Amendment No. 2 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services for the inspections of 36 bridges. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Amendment No. 2 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services for the inspections of 36 bridges, all as more fully set forth in the letter to this Council dated July 6, 2004. 10 2. The Amendment No. 2 will provide authorization for additions in the work with an increase in the amount of $83,100.00 to the contract, all as set forth in the above letter. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of July, 2004. No. 36770-070604. A RESOLUTION authorizing the City Manager's issuance of Amendment No. 2 to the City's contract with Mattern & Craig, Inc., for additional engineering services for the inspection of 33 bridges, one tunnel (underpass), and 14 overhead signs. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Amendment No. 2 to the City's contract with Mattern & Craig, Inc., for additional engineering services for the inspection of 33 bridges, one tunnel (underpass), and 14 overhead signs, all as more fully set forth in the letter to this Council dated July 6, 2004. 2. The Amendment No. 2 will provide authorization for additions in the work with an increase in the amount of $72,400.00 to the contract, all as set forth in the above letter. APPROVED ATTEST: ~ Mary F, City Clerk C. Nelson Harris Mayor 11 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of July, 2004. No. 36771-070604. A RESOLUTION authorizing the City to indemnify and hold harmless W. S. Connelly and Company, Inc., as a condition of the donation by W. S. Connelly and Company, Inc., of certain easements across Official Tax Nos. 2022205 and 3022820, necessary for the completion of the Lick Run Greenway Phase II Project, and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City is authorized to indemnify and hold W. S. Connelly and Company, Inc. harmless, for any injuries, deaths, or damages suffered by anyone using the portion of the Lick Run Greenway trail, such portion being within easements across Official Tax Nos. 2022205 and 3022820 donated by W. S. Connelly and Company, Inc., as more particularly set forth in the City Manager's letter to City Council dated July 6, 2004. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, deeds of easement containing a provision whereby the City of Roanoke agrees to indemnify and hold W. S. Connelly and Company, Inc. harmless, as required for the donation of land rights by W. S. Connelly and Company, Inc., for the Lick Run Greenway trail; such document shall be approved as to form by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Flarris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6'h day of July, 2004. No. 36772-070604. AN ORDINANCE to appropriate funding to the Civic Facilities Seat Refurbishment Project, amending and reordaining certain sections of the 2004-2005 General and Civic Facilities Funds 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 2004-2005 General and Civic Facilities Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Civic Facilities Fund Capital Project Contingency 001-250-9310-9505 001-300-9410-2280 $ 42,324.00 (42,324.00) Civic Facilities Fund Appropriations Appropriated from General Revenue Revenues Transfer from General Fund Retained Earnings Retained Earnings Available for Appropriation 005-550-8623-9003 005-110-1234-0951 005-3348 $192,324.00 42,324.00 (150,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor 13 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'~ day of July, 2004. No. 36773-070604. AN ORDINANCE authorizing the City Manager to execute a lease between the City and the Virginia Museum of Transportation, Inc., for the lease of two steam locomotives, known as the 611 and 1218, currently housed at the Virginia Museum of Transportation, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate lease agreement with the Virginia Museum of Transportation, Inc., for the lease of two steam locomotives, known as the 611 and the 1218, currently housed at the Virginia Museum of Transportation, at 303 Norfolk Avenue for use by the Museum, such lease to be for a twenty (20) year term, beginning July 1, 2004, and ending June 30, 2044, for a nominal consideration, such lease to be upon the terms and conditions as more particularly described in the City Manager's letter and attachments to this Council dated July 6, 2004. 2. The lease of the 1218 locomotive is subject to the City receiving the prior written consent of the Shenandoah-Virginia Corporation, as required by the conditions of the gift to the City of the :~218. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6'h day of July, 2004. No. 36774-070604. AN ORDINANCE to authorize transfer of funds for Public Arts Master Plan, amending and reordaining certain sections of the 2004-2005 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Capital Project Contingency Roanoke Arts Commission 001-300-9410-2280 001-300-7220-3754 $ (50,000.00) 50,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 15 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6'h day of July, 2004. No. 36775-070604. AN ORDINANCE amending §32-7, Delinquent real estate taxes, of Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, and §19-1.2 (b), License required; requirinq evidence of payment of business license, business personal property, meals and admissions taxes, of Article II, in General, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979) as amended, by including certain limitations required by state law on the City's authority to deny an application for a special exception, variance, rezoning, or certain permits and business licenses respectively, on the basis that delinquent taxes are owed the City; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the council of the City of Roanoke that: 1. Section 32.7, Delinquent real estate taxes, of Article II, Real Estate Taxes Generally, of Chapter32, Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: Sec. 32.7. Delinquent real estate taxes. Pursuant to the provisions of §15.2-2286.B, Code of Virginia (1950), as amended prior to the initiation of an application for, or final approval of, a special exception, a variance, or a rezoning pursuant to the provisions of chapter 36.1, Zoning, of this Code, or for a building permit pursuant to the provisions of chapter 7, Building Regulations, of this Code, or for an erosion and sediment control or other land disturbing permit pursuant to the provisions of chapter 11.1, Erosion and Sediment Control, of this Code, the applicant shall produce satisfactory evidence that any delinquent real estate taxes owed to the city which have been properly assessed against the subject property have been paid. ]6 Provided, however, that such special exception, variance, rezoning, building permit or other /and disturbing permit may not be denied solely on the basis of delinquent rea/ estate taxes, penalties or interest when the taxpayer has one of the following bona f/de appeals pending (all references are to the Code of Virginia (1950) as amended: (i) application for correction of an assessment of taxes pursuant to §55.1-3980; (ii) appeal of a local license tax pursuant to ~58.1-3705.1; (iii) appeal by a political subdivision pursuant to §58.1-3982 of a correction of assessment of local taxes; (iv) appeal of a local tax or local business tax pursuant to §55.1-3985.1; (v) an application pursuant to §$8.1-$g$4 for correction ora local tax or local business tax, as those terms are defined in §55.1-3g$$. 1; or (vi) an application for correction or equalization of an assessment with respect to real property pursuant to §58.1-3350. 2. Section 19-1.2 (b), License required; requiring evidence of payment of business license, business personal property, meals, and admissions taxes, of Article II, In General, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: Sec. 19-1.2 (b), License required; requiring evidence of payment of business license, business personal property, meals, and admissions taxes (b) No Business license under this chapter shall be issued until the applicant has produced satisfactory evidence that all delinquent business license, personal property, meals, transient occupancy, severance and admissions taxes owed by the business to the city have been paid. Provided, however, such bus/ness license may not be den/ed solely on the basis of delinquent taxes, penalties or interest when the taxpayer has one of the following bona fide appeals pending (aH references are to the Code of Virginia (lg50) as amended: (i) application for correction of an assessment of taxes pursuant to §$8.1-3980; (ii) appeal of a local license tax pursuant to§58.1~3ZO$.l; (iii) appeal by a political subdivision pursuant to §$8.1-$g$2 of a correction of assessment of local taxes; (iv) appeal of a local tax or local bus/ness tax pursuant to §$8.1-3983.1; (v) an application pursuant to ~58.1-3984 for correct/on ora local tax or local bus/ness tax, as those terms are defined in ~$8.1- 3985.1; or (vi) an application for correction or equalization of an assessment with respect to real property pursuant to~$8.1-3350. 17 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of July, 2004. No. 36776-07].904. A RESOLUTION authorizing the City Manager to execute Amendment No. ]. to the Subgrant Agreement between the City and Roanoke Area Ministries in order to provide additional Community Development Block Grant (CDBG) funds for completion of rehabilitation of the Roanoke Area Ministries facility, located at 824 Campbell Avenue, S. W. WHEREAS, on May 12, 2003, City Council approved the 2003-2004 CDBG program and on June 16, 2003, appropriated funds in the amount of $20,000.00 toward rehabilitation of the Roanoke Area Ministries facility, located at 824 Campbell Avenue, S.W.; WHEREAS, on October 22, 2003, an agreement was entered into between the City of Roanoke and Roanoke Area Ministries for such work; WHEREAS, on May ].3, 2004, City Council approved the submission of the 2004-2005 Annual Update to the Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, on June 2:~, 2004, City Council accepted the 2004-2005 CDBG funds and appropriated an additional $80,000.00 of CDBG funds to Roanoke Area Ministries for completion of the rehabilitation. 18 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, and the City Clerk, are authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No. I to the Subgrant Agreement between the City and Roanoke Area Ministries for additional funding, through Community Development Block Grant funds, in the amount of $80,000.00, to provide for completion of rehabilitation of the Roanoke Area Ministries facility, located at 824 Campbell Avenue, S.W., upon the terms and conditions set forth in the City Manager's letter to this Council dated July 19, 2004. APPROVED A'I-rEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of July, 2004. No. 36777-071904. A RESOLUTION re-establishing the membership of the Roanoke Interagency Council and appointing its members. WHEREAS, by Resolution No. 31301-011193, adopted January 11, 1993, this Council established a community policy and management team for the City of Roanoke pursuant to the Comprehensive Services Act for At-Risk Youth and Families (CSA), such team being known as the Roanoke Interagency Council ("R~C"); WHEREAS, Resolution No. 31301-011193 was amended by Resolutions 34775-050100 and 35101-101600; and WHEREAS, changes in RIC membership are necessary to be consistent with §2.2-5205 of the Code of Virginia (1950), as amended, and recognize changes in Council designees by participating agencies/organizations; 19 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: :~. The Council of the City of Roanoke hereby establishes the membership of the Roanoke Interagency Council, effective July :~9, 2004, as follows: A representative of local government · The agency head or their designee for the Community Services Board · The agency head or their designee for the Juvenile Court Services Unit · The agency head or their designee for the Roanoke Department of Health · The agency head or their designee for the Department of Social Services · The agency head or their designee for the Roanoke City Public Schools · A private provider of Children's or Family Services · A representative from the Roanoke City Police Department · A parent representative 2. The Council of the City of Roanoke hereby makes the following appointments to the Roanoke Interagency Council: · Rolanda Russell, Assistant City Manager for Community Development, City of Roanoke · James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare · Rodney Hubbard, Director, 23-A District Court Service Unit · Jane Conlin, Director of Human Services/Social Services, City of Roanoke · Doris N. Ennis, Acting Superintendent, Roanoke City Public Schools · Patty Tiller, District Nurse Manager, Alleghany/Roanoke City Health Districts · John Pendarvis, President and CEO, Family Service of Roanoke Valley · Captain Rusty Ross, Roanoke City Police Department .20 3. The Council of the City of Roanoke directs that the Director of Management and Budget, or his designee, shall serve as program expenditure monitor of the Roanoke Interagency Council. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The :L9'h day of July, 2004. No. 36778-071904. AN ORDINANCE to establish the Fifth District Disabilities Services Board Grant, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees For Professional Services Revenues Fifth District Disabilities FY05 035-630-516~-20~0 035-630-5~6~-516! $ ~4,800.00 ~4,800.00 2] Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A~-I'EST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of July, 2004. No. 36779-071904. A RESOLUTION authorizing the' City Manager to enter into a contract with Fifth District Disability Services Board (" FDDSB") staff to provide continuing local administrative staff support; upon certain terms and conditions. WHEREAS, the FDDSB is responsible to local governments and serves as a critical resource for needs assessment, information sharing and service opportunities for citizens with disabilities, their families and the community; and WHEREAS, funds in the amount of $14,800.00 to continue local staff support in support of the FDDSB administration for a one (1) year period have been allocated to the FDDSB by the State Department of Rehabilitative Services. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a contract with existing FDDSB staff to provide continuing local administrative staff support for the Fifth District Disability Services Board as recommended in the City Manager's letter to this Council dated July 19, 2004. 2. The form of the contract, and any necessary amendments, shall be in form approved by the City Attorney. APPROVED ATTEST: Ma~F. Pa~r e? City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19'" day of July, 2004. No. 36780-071904. AN ORDINANCE to appropriate third party funding for the Trevino Drive Storm Drain Phase I Project, amending and reordaining certain sections of the 2004-2005 Capital Projects 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 2004-2005 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Revenues Lumbermens-Trevino Drive 008-530-9780-9003 $ 25,000.00 008-530-9780-9809 25,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor 23 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19'h day of July, 2004. No. 36781-071904. AN ORDINANCE to appropriate funding for the Enterprise Zone One Project, amending and reordaining certain sections of the 2004-2005 Capital Projects 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 2004-2005 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from General Revenue Fund Balance Unappropriated 008-310-9736-9003 008-310-9738-9003 008-3325 $ 200,000.00 100,000.00 (300,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19'h day of July, 2004. No. 36782-071904. AN ORDINANCE approving, adopting, and establishing certain local incentives for the area designated as Enterprise Zone One A in the City of Roanoke; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, in June 2004, the Governor of Virginia designated as Roanoke's Enterprise Zone One A an area of approximately 1,702 acres located in the City of Roanoke as shown on a map of Enterprise Zone One A that was attached to the City's Enterprise Zone application, a copy of which is on file in the Office of the City Clerk, such Enterprise Zone to become effective retroactive to January 1, 2004; and WHEREAS, the City of Roanoke wishes to make certain local incentives available to the Enterprise Zone One A area, all as more fully set forth and described in a letter from the City Manager to Council dated July 19, 2004. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby approves and adoPts the local incentives for the area designated as Enterprise Zone One A located in the City of Roanoke as more fully set forth in this ordinance and in the letter from the City Manager to Council dated July 19, 2004. 2. The City Manager is hereby authorized on behalf of the City to adopt and promulgate such rules and regulations and take such actions as may be reasonably necessary and consistent with this ordinance to implement such local incentives for the period of January 1, 2004, through December 31, 2023, at which time these local incentives will end unless otherwise modified by Council. 3. The definitions set forth in Section 59.1-271 of the Code of Virginia (1950), as amended, as it now exists or may hereafter be amended shall apply to this ordinance. Also, the term "Enterprise Zone One A" shall refer to the area designated by the Governor of Virginia in June 2004, effective retroactive to January 1, 2004, as Enterprise Zone One A located in the City of Roanoke and as shown on a map attached to the City's Enterprise Zone application, a copy of which is on file in the Office of the City Clerk. 25 4. The City will provide funds to the Industrial Development Authority of the City of Roanoke, Virginia, (IDA) so that the IDA can enhance economic development in Enterprise Zone One A by providing facade grants of 33% of any building facade renovation costs for those facades in need of renovation that visually improves the facade (the principal face or front of a building or significant historical attachment that would contribute to the appearance of the building if restored) of a building within Enterprise Zone One A up to a maximum of Twenty-five Thousand Dollars ($25,000.00) per grant with a total yearly limit for all such grants of at least One Hundred Thousand Dollars ($100,000.00). The uses for such building are to be commercial, mixed-use commercial with no more than 80% of the building being used for residential purposes. (hereinafter referred to in this ordinance as "mixed-use commercial"), or industrial use. The availability of this local incentive is from January 1, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 5. Any business firm, property owner, or leaseholder authorized to make improvements, undertaking new building construction and/or rehabilitation work within the City's Enterprise Zone One A shall be entitled to a rebate of up to 100% of building permit and comprehensive development 101an review fees based on appropriate and approved documentation of the amount of new building construction and/or rehabilitation investment of One Hundred Twenty-Five Thousand Dollars ($125,000.00) or more undertaken by such business firm, property owner, or leaseholder authorized to make improvements, within Enterprise Zone One A. The uses for such building are to be for profit commercial, mixed-use commercial, or industrial. All building Ioermit and comprehensive development plan review fees shall initially be paid in full by the business firm, property owner, or leaseholder authorized to make improvements. Upon completion of the new building construction and/or rehabilitation work and upon proper documentation of the issuance of a permanent certificate of occupancy for the new building and/or proper documentation of completion of the rehabilitation work, the business firm, property owner, or leaseholder authorized to make improvements may then apply for a rebate under this local incentive. Upon the City's approval of the application, the business firm, property owner, or leaseholder authorized to make such improvements will receive a rebate from the City of the following percentage of building permit and comprehensive development plan review fees the business firm, property owner, or leaseholder authorized to make improvements previously paid (without interest) for such new building construction and/or rehabilitation work: 26 Amount Invested Percent City Rebates $1,000,000.00 or more 100% $900,000.00-$999,999.99 90% $800,000.00-$899,999.99 80% $700,000.00-$799,999.99 70% $600,000.00-$699,999.99 60% $500,000.00-$599,999.99 50% $400,000.00-$499,999.99 40% $300,000.00-$399,999.99 30% $250,000.00-$299,999.99 20% $125,000.00-$249,999.99 10% $0- $124,999.99 0% The effective date of the availability of this local incentive is January 1, 2004. The incentive shall be available only for building permit and comprehensive development plan review fees paid between the period of January 1, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modifed by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 6: Any business firm, property owner, or leaseholder authorized to make improvements, undertaking new building construction and/or rehabilitation work within the City's Enterprise Zone One A shall be entitled to receive a grant from the Industrial Development Authority of the City of Roanoke, Virginia (IDA) equal to an amount up to 100% of water, fire, and sewer hookup fees based on appropriate and approved documentation of the amount of new building construction and/or rehabilitation investment of One Hundred Twenty-Five Thousand Dollars ($125,000.00) or more undertaken by such business firm, property owner, or leaseholder authorized to make improvements within Enterprise Zone One A. The City will provide funds to the IDA for grants for this local incentive in order to enhance economic development in the area. The uses for such building are to be for profit commercial, mixed-use commercial, or industrial. All water, fire, and sewer hookup fees shall initially be paid in full by the business firm, property owner, or leaseholder authorized to make improvements. Upon completion of the new building construction and/or rehabilitation work and upon proper documentation of the issuance of a permanent certificate of occupancy for the new building and/or proper documentation of completion of the rehabilitation work, the business firm, property owner, or leaseholder authorized to make improvements may then apply for a grant from the IDA under this local incentive. 27 Upon the approval of the application, the business firm, property owner, or leaseholder authorized to make improvements will receive a grant from the IDA of an amount equal to the following percentage of water, fire, and sewer hookup fees the property owner or leaseholder authorized to. make such improvements previously paid (without interest) for'such new building construction and/or rehabilitation work: Amount Invested $1,000,000.00 or more $900 $800 $700 $600 $500 $4O0 $300 $250 $125 $0- 000.00-$999.999.99 000.00-$899.999.99 000.00-$799.999.99 000.00-$699.999.99 000.00-$599.999.99 000.00-$499.999.99 000.00-$399.999.99 000.00-$299.999.99 000.00-$249.999.99 $124 999.99 Grant Percent 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% The effective date of the availability of this local incentive is January 1, 2004. The incentive shall be available only for water, fire, and sewer hookup fees paid between the period of January 1, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 7. The City will provide funds to the Industrial Development Authority of the City of Roanoke, Virginia, (IDA) so that the IDA can enhance safety in Enterprise Zone One A by providing new, first time fire suppression system retrofit grants to a business firm, property owner, or leaseholder authorized to make improvements, but who is NOT required to install in its building a new, first time fire suppression system, but who chooses to install such a system in its building nonetheless. Each grant shall be for a period not to exceed five (5) years and shall be good only as long as such system is actively maintained. Such grants may be transferred to a new entity responsible for such charges upon notice to and approval by the City. Grants shall be in an amount equal to the following percentages of monthly fire service charges that have been paid: Year One -- 50% of monthly fire service charge Year Two -- 40% of monthly fire service charge Year Three -- 30% of monthly fire service charge Year Four-- 20% of monthly fire service charge Year Five -- 10% of monthly fire service charge 28 The City will also provide funds to the IDA for a grant equal to the amount of 100% of fire hookup fees to a business firm, property owner, or leaseholder authorized to make improvements, but who is NOT required to install in its building a new, first time fire suppression system as set forth above. The uses for such building for both grants are to be for profit commercial, mixed-use commercial, or industrial. The availability of this local incentive is from January 1, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 8. Neighborhood organizations wishing to promote civic pride within Enterprise Zone One A or in a census tract contiguous to such zone may be eligible for grants. The maximum grant per neighborhood organization will be Five Hundred Dollars ($500.00) per fiscal year. The total maximum amount the City will appropriate for this local incentive will be Two Thousand Five Hundred Dollars ($2,500.00) per fiscal year. The City Manager shall also establish neighborhood public park improvement grants that will be available to the City's Department of Parks and Recreation for making substantial improvements to neighborhood public parks within Enterprize Zone One A or in a census tract contiguous to such zone. The amount the City will appropriate for such grants will be at least Ten Thousdand Dollars ($10,000.00) per fiscal year. The of availability of this local incentive is from January 1, 2004, through December 31, 2023, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 9. The City will provide funds to the Industrial Development Authority of the City of Roanoke, Virginia, (IDA) so that the IDA can enhance safety in Enterprise Zone One A by providing grants to businesses that, as a result of participating in the Roanoke City Police Department's Star City Business Watch program, have made improvements to their properties in order to improve security. The maximum grant will be the lesser of 50% of the actual out of pocket cost of the security improvements or Five Hundred Dollars ($500.00) per fiscal year. The amount the City will appropriate for this local incentive will be at least Two Thousand Five Hundred ($2,500.00) per fiscal year. The period of availability for this local incentive will be January 1, 2004, through December 31, 2023, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 29 10. Job training grants will be provided to business firms within the City of Roanoke's Enterprise Zone One A subject to the following conditions and restrictions: The City will provide funds to the Industrial Development Authority of the City of Roanoke, Virginia (IDA) for any such job training grants for this local incentive. Only business firms qualified to receive job training assistance from the Virginia Department of Business Assistance (VDBA) may receive grants from the IDA; A business firm shall only 'be allowed to request a job training grant(s) under the local incentive program from the time it becomes eligible for VDBA assistance until six months after receiving assistance from the VDBA; The job training grants will be awarded to business firms in Enterprise Zone One A upon proper application and documentation of qualifying for and receiving VDBA workforce assistance; The amount of job training, grants will be in an amount up to or equaling the amount of assistance the business firm is eligible for, as determined by the VDBA, but cannot, in conjunction with the VDBA assistance, surpass the need of the business firm. The job training grants provided by this local incentive are available from January 1, 2004, through December 3J., 2023, unless otherwise modified by Council. G. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 11. The limitations on the total amount of funding to be provided for any of the local incentives mentioned in this ordinance are intended to refer to the total funding that the City intends to commit for that particular local incentive for a particular entity and/or for a particular fiscal year, unless otherwise indicated in that local incentive. Any appropriated funds not used during a particular fiscal year for any local incentive may be used for that local incentive in a subsequent fiscal year and counted toward the subsequent fiscal year's limitation for such local incentive or added to that limitation, as the City may deem appropriate. ,30 Also, the funding for the grants and local incentives referred to in this ordinance are subject to appropriation of such funds by Council for each fiscal year. Furthermore, these provisions shall be applicable only as long as the local incentives are available as indicated in this ordinance, unless otherwise modified by Council. 12. This ordinance shall be in full force and effect retroactive to January 1, 2004, the retroactive date for which the Governor's designation applies for Enterprise Zone One A. 13. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19'" day of July, 2004. No. 36783-071904. AN ORDINANCE amending and reordaining Article II, Real Estate Taxes Generally, of Chapter 32 Taxation, of the Code of the City of Roanoke (1979), as amended, by adding a new Division 5B, Exemption of Certain Rehabilitated or Renovated Commercial, Mixed-Use Commercial with no more than 80% Residential, or Industrial Real Property Located in Enterprise Zone One A, to provide for a certain real estate tax exemption for substantial rehabilitation or renovation of existing commercial, mixed use commercial with no more than 80% residential, or industrial buildings at least 15 or more years old and located within Enterprise Zone One A under certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 31 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of the following new Division 5B, of Article II, Chapter 32: Division 5B. Exemption of Certain Rehabilitated or Renovated Commercial, Mixed-Use Commercial .with than 80% Residential, or. Industrial Real Located in Enterprise Zone One A no more Property §32-101.9. Generally. The director of real estate valuation shall, upon application made and · within the limits hereinafter provided, order exemption of real property tax on real property substantially rehabilitated or renovated for commercial, mixed-use commercial with no more than.-80% of such property being used for residential purposes (hereafter mixed-use commercial), or industrial use and located within the area of Enterprise Zone One A, as such area is shown on a map of Enterprise Zone One A, which is on file in the office of the city clerk. §32-101.10. Rules and Regulations for Administration for Division. The director of real estate valuation, with the advice and comment of the city manager, director of finance, and commissioner, shall adopt and promulgate such rules and regulations not inconsistent with the provisions of this division as are deemed necessary' for the effective administration of this division. §32.101.11. Eliqibility of Commercial, Mixed-use Commercial, or Industrial Real Property. (a) In order to qualify for the exemption from real property taxation for real property substantially rehabilitated or renovated for commercial, mixed-use commercial, or industrial use within Enterprise Zone One A, a structure shall meet all of the following criteria: (1) Be no less than ].5 years of age and located within Enterprise Zone One A; (2) Be rehabilitated or renovated so as to ~ncrease the assessed value of the structure by at least Fifty Thousand Dollars ($50,000.00) or more; 32 (3) Be designed for and suitable for commercial, mixed-use commercial, or industrial use after completion of such rehabilitation or renovation; (4) The structure has not received an exemption under Division 5, exemption of certain rehabilitated real property, or former Division SA, exemption of certain rehabilitated or renovated commercial or industrial real property located in either Enterprise Zone One or Enterprise Zone Two, of this chapter; and (5) The rehabilitation or renovation must be completed within two years of the date of the filing of the application for exemption. (b) The types of substantial rehabilitation or renovation improvements that will be considered as increasing the assessed value are limited to those made to the actual qualifying structure only. Other improvements, fees, or costs will not be considered. (c) Any new additions to the qualifying structure or any additional square footage over the prerehabilitation or prerenovation square footage will not be considered as increasing the assessed value of the qualifying structure or eligible for or considered for the tax exemption since the purpose of this incentive is to encourage rehabilitation or renovation of existing structures. §32-101.12. Amount of Exemption. The amount of exemption from real property taxation provided for by this division shall be an amount equal to the difference in the appraised value of the qualifying structure immediately before rehabilitation or renovation and immediately after rehabilitation or renovation as determined by the director of real estate valuation. This amount only, on a fixed basis, shall constitute the exemption, notwithstanding subsequent assessment or reassessment. The exemption resulting from substantial rehabilitation or renovation of a qualifying structure shall commence on July 1 of the tax year following completion of the rehabilitation or renovation and approval of the application and shall run with the real estate for a period of seven (7) years from the date of the commencement of the exemption as set forth herein. Only one (1) exemption under this division may be applicable to any qualifying structure during the life of the qualifying structure. 33 Furthermore, any qualifying structure which obtains an exemption under this division shall not be entitled to obtain an exemption under division 5, exemption of certain rehabilitated real property, of this chapter. The maximum total amount of tax abatement for any qualifying structure over the seven-year period shall not exceed a total of one hundred thousand dollars ($100,000.00). Should the amount of tax abatement eXceed the total of one hundred thousand dollars ($100,000.00) before the expiration of the seven-year period, the exemption shall end when the tax abatement reaches the one hundred thousand dollars ($1OO,OOO.OO) figure and real property taxes will be due on the increased assessed value previously exempted. §32-10]..].3. Application. (a) Application for exemption of substantially rehabilitated or renovated real property from taxation under this division shall be filed by the owner of such property with the director of real estate valuation prior to commencement of any rehabilitation or renovation work for which exemption is sought. Each application for such exemption shall be accompanied by a processing fee in the amount of fifty dollars ($50.00). No property shall be eligible for such exemption unless all appropriate building permits have been acquired and the director of real estate valuation has verified that the rehabilitation or renovation indicated on the application has been completed. Furthermore, no property shall be eligible for such exemption if the director of real estate valuation has been denied access to the entire premises, either before or after the rehabilitation or renovation work for which the exemption has been sought, for purposes of determining whether the required rehabilitation or renovation has been completed and for appraising the property. The application for this exemption must be filed with the director of real estate valuation during the period of July 19, 2004, through December 31, 2023, for property located within Enterprise Zone One A in order to be eligible for this exemption. (b)- The burden of proof shall be on the applicant to show that the structure for which the exemption has been filed complies with all the eligibility criteria established by this division. The director of real estate valuation may require documentary proof of eligibility and, in such cases, documentation satisfactory to the director of real estate valuation shall be presented by the applicant. 34 -- §32-101.14. Land Book. Nothing in this division shall be construed as to permit the commissioner of the revenue to list upon the land book any reduced value due to the exemption provided by this division. §32.101.15. Demolition. The exemption provided in this division shall not apply when any existing structure is demolished or razed and a replacement structure is constructed. §32-101.16. False Statements. The making of any false statement in any application, affidavit, or other information supplied for the purpose of eligibility determination under this division shall constitute a class 2 misdemeanor. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed-with. APPROVED ATTEST: Mary F. Parker CLty Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19'h day of July, 2004. No. 36784-071g04. AN ORDINANCE to establish the Local Government Challenge Grant, amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and dispensing With the second reading by title of this ordinance. 35 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Arts Council Of The Blue Ridge Mill Mountain Theatre Opera Roanoke Roanoke Symphony Orchestra Young Audiences of Virginia Revenues Challenge Grant FY05 035-410-8739-3737 035-410-8739-3749 035-410-8739-3762 035-410-8739-3736 035-410-8739-3802 035-410-8739-8739 $ 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 5,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of July, 2004. No. 36785-071904. A RESOLUTION authorizing the acceptance of a Local Government Challenge Grant from the Virginia Commission for the Arts. BE IT RESOLVED by the Council of the City of Roanoke as follows: z. The City of Roanoke accepts a Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $5,000.00 to be used for funding local organizations, as more particularly set forth in the City Manager's letter to this Council dated July 19, 2004. 2. The City Manager, or an Assistant City Manager, is hereby authorized to execute any and all requisite documents, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19'h day of July, 2004. No. 36786-071904. AN ORDINANCE to establish the State Homeland Security Grant, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Supplies- Grant - Environmental & Emergency Management Supplies- Grant - Department of Technology Supplies- Grant - Fire EMS Supplies- Grant - Police Training and Development Revenues State Homeland Security FY05 035-S20-3526-3030 $ 9,600.00 035-520-3526-3031 035-520-3526-3032 035-520-3526-3033 035-520-3526-2144 035-520-3526-3526 28,000.00 229,900.00 35,000.00 11,933.00 314,433.00 37 Pursuant to the provisions of Section 12 Of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITYOF ROANOKE, VIRGINIA The 19'h day of July, 2004. No. 36787-071904. A RESOLUTION authorizing the acceptance of the 2004 U. S. Department of Homeland Security Grant from the Virginia Department of Emergency Management to obtain federal funds under the State Homeland Security Grant Program administered by the Office of Domestic Preparedness and authorizing the execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: Z. The City of Roanoke, a public entity established under the laws of the Commonwealth of Virginia, does hereby authorize its City Manager to execute an application and file it in the appropriate state Office for the purpose of obtaining certain federal financial assistance from the Virginia Department of Emergency Management, such grant being more particularly described in the letter of the City Manager dated July 19, 2004, upon all the terms, provisions and conditions relating to such application. 2. Following application and any award of the Grant, the City of Roanoke authorizes its City Manager to accept the Grant from the Virginia Department of Emergency Management in the amount of $314,433.00, upon all the terms, provisions and conditions relating to the receipt of such funds. 38 3. The City Manager and the City Clerk, are hereby authorized to execute, and attest, respectively, the grant application, the grant agreement, and any other necessary documents and to provide all documents or information to the Commonwealth with regard to all matters pertaining to such Federal financial assistance and any and all information pertaining to this Grant as may be requested. All such documents to be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19'h Day of July, 2004. No. 36788-071904. AN ORDINANCE to appropriate funding for the lease of a D.A.R.E vehicle and establish a donation, amending and reordaining certain sections of the 2004-2005 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations D.A.R.E. Revenues Donations Sheriff- D.A.R.E. 001-140-2140-2141 001-110-1234-1863 $ 12,608.00 12,608.00 39 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker Cit¥ Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19'h day of July, 2004. No. 36789-071904. A RESOLUTION accepting the donation of $11,732.00 from First Team, Inc. to be used by the Roanoke City Sheriff's Office for the lease payments of a new DARE vehicle, and expressing appreciation for such donation. WHEREAS, First Team, Inc. has generously offered to donate the amount of $11,732 to the City of Roanoke to be used for lease payments of a new DARE vehicle for the Roanoke City Sheriff's Office; WHEREAS, this donation will enable the Roanoke City Sheriff's Office to better discourage the use of drugs by our youth within the Roanoke Valley; and WHEREAS, it is the recommendation of the City Manager that City Council accept this $11,732.00 donation in accordance with the provisions of §2-263, Code of the City of Roanoke (1979), as amended, which provides that gifts valued in excess of $5,000.00 be accepted by resolution of City Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanok~ iS follows: 1. Council hereby accepts the donation of $11,732.00 from First Team, Inc. to be used for the costs of leasing a new DARE vehicle for the Roanoke City Sheriff's Office, in accordance with the recommendation contained in the City Manager's letter to City Council dated April :~9, 2004 and a Memorandum of Gift approved by the City Attorney. 2. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to First Team, Inc. for its generous donation to the City of Roanoke and the Roanoke City Sheriff's Office. 3. The City Clerk is directed to transmit a copy of this resolution to First Team, Inc., 6520 Peters Creek Road, Roanoke, Virginia 24019, expressing the City's appreciation for this donation. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19'h day of July, 2004. No. 36790-071904. A RESOLUTION authorizing the City Manager to send for and on behalf of City Council a certified letter to the Director of Game and Inland Fisheries requesting that he authorize the taking of deer within the City of Roanoke over bait; and authorizing the City Manager to execute a revised Memorandum of Understanding with the Department of Game and Inland Fisheries to allow the taking of deer over bait as part of the City's Deer Management Program. WHEREAS, the City currently has a Deer Management Program in response to citizen concerns regarding deer overpopulation within the City of Roanoke; WHEREAS, the General Assembly of Virginia recently amended Virginia Code Section 29.1-529 to allow the taking of deer over bait under specific conditions approved by the Virginia Department of Game and Inland Fisheries; and WHEREAS, the taking of deer over bait will enhance the effectiveness of the City's Deer Management Program. 41 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to send a certified letter to the Director of Game and Inland Fisheries requesting that the taking of deer over bait within the City limits be approved. 2. The City Manager is authorized to execute a revised Memorandum of Understanding with the Department of Game and Inland Fisheries consistent with this resolution and that such revised Memorandum of Understanding be approved as to form by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19'h day of July, 2004. No. 36791-071904. AN ORDINANCE establishing compensation for the Clerk of Court, Commonwealth's Attorney, Commissioner of Revenue, City Sheriff, and City Treasurer, the City's Constitutional Officers, for the fiscal year beginning July 1, 2004; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. For the fiscal year beginning July 1, 2004, and ending June 30, 2005, the annual salaries of the Clerk of Court, Commonwealth's Attorney, Commissioner of Revenue, City Sheriff and City Treasurer, the City's Constitutional Officers, shall be their current salary increased by three percent (3.0%), unless modified by ordinance duly adopted by Council. 2. Any increase in compensation due under this ordinance shall be paid retroactively to July 1, 2004. 3. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 4. Pursuant to the provisions of Section 12 of the City Charter, the secc~nd reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19'~ day of July, 2004. No. 36792-071904. 'AN ORDINANCE to appropriate funding for Crystal Springs Elementary improvements, Learn and Serve program, and two grants, amending and reordaining certain sections of the 2004-2005 School and School Capital Projects Funds Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roa0oke that the following sections of the 2004-200S School and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: School Fund Appropriations Compensation of Teachers .Compensation of Substitute Teachers Social Security Retirement - VRS Other Professional Services Maintenance Service Contracts Conventions Education Other Operation Supplies Addition - Machinery and Equipment Supplements Social Security Other Professional Services Maintenance Service Contracts Conventions Education Educational & Recreational Supplies Addition - Machinery and Equipment Compensation of Substitute Teachers Compensation of Councelors Compensation of Clerical Retirement - HIC VRS Social Security Retirement - VRS Health Insurance Maintenance Service Contracts Printing and Binding Services Conventions Education Educational & Recreational Supplies Revenues Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Appropriations Appropriations From General Revenue Appropriations From General Revenue 030-061-6127-6000-0121 030-061-6127-6000-0021 030-061-6127-6000-0201 030-061-6127-6000~0202 030-061-6127-6000-0313 030-061-6127-6000-0332 030-061-6127-6000-0554 030-061-6127-6000-0615 030-061-6127-6000-0821 030-061-6128-6000-0129 030-061-6128-6000-0201 030-061-6128-6000-0313 030-061-6128-6000-0332 030-061-6128-6000-0554 030-061-6128-6000-0614 030-061-6128-6000-0821 030-065-6872-6315-0021 030-065-6872-6315-0123 030-065-6872-6315-0151 030-065-6872-6315-0200 030-065-6872-6315-0201 030-065-6872-6315-0202 030-065-6872-6315-0204 030-065-6872-6315-0332 030-065-6872-6315-0351 030-065-6872-6315-0554 030-065-6872-6315-0614 030-061-6127-1102 030-061-6128-1102 030-065-6872-1102 031-065-6069-6896-9003 031-065-6999-6896-9003 43 $20,000.00 1,000.00 1,484.00 124.00 36,000.00 7,000.00 3,000.00 5,500.00 7,892.00 31,750.00 2,430.00 7,000.00 7,000.00 1,000.00 22,100.00 10,720.00 100.00 4,000.00 8,000.00 25.00 926.00 625.00 550.00 26,160.00 450.00 187.00 255.00 82,000.00 82,000.00 41,278.00 490,000.00 (490,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of July, 2004. No. 36793-071904. AN ORDINANCE amending Chapter 2, Administration, Article XIV, Boards, authorities, commissions and committees, Division 2, Permanent committees, of the Code of the City of Roanoke (1979), as amended, by repealing §2-299, Budget and planninq committee, in order to eliminate this committee created by and composed of the seven members of City Council; and dispensing with the second reading by the title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Sec. 2-229, Budget and planning committee, of Chapter 2, Administration, Article XlV, Boards, authorities, commissions and committees, Division 2, Permanent committees, of the Code of the City of Roanoke (1979), as amended, be and is hereby repealed: 45 2. Pursuant to Chapter 12 of the Roanoke City Charter, the second reading by the title paragraph is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ].9'h day of July, 2004. No. 36794-071904. AN ORDINANCE amending Chapter 24, Public buildings and property generally, Article II, Civic Center, Division 2, Civic Center Commission, of the Code of the City of Roanoke (1979), as amended, by repealing section 24- 45.1, Council member liaison, in order to eliminate the requirement of a Council member liaison; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 24-45.1, Council member liaison, of Chapter 24, Public buildinqs and property generally, Article II, Civic Center, Division 2, Civic Center Commission, of the Code of the City of Roanoke (1979), as amended, be and is hereby repealed: 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'~ day of July, 2004. No. 36795-07i904. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979). as amended, and Sheet No. 146, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading by title of this ordinance. 47 WHEREAS, the City of Roanoke has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-l, Residential Single Family District, to INPUD, Institutional Planned Unit Development District; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on July 19, 2004, after due and timely notice thereof as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 146 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: That certain tract of land located at 2102 Grandin Road, S.W., containing 96.3296 acres, known as Official Tax No. 1460101, and designated on Sheet No. 146 of the Sectional 1976 Zone Map, City of Roanoke, be, and is hereby rezoned from RS-l, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, as set forth in the Petition filed in the Office of the City Clerk on June 7, 2004, and that Sheet No. 146 of the 1976 Zone Map be changed in this respect. 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: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of July, 2004. No. 36796-071904. AN ORDINANCE exempting from real estate taxation certain property of the League of Older Americans, Inc., located in the City of Roanoke, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, the League of Older Americans, Inc., (hereinafter the "Applicant"), has petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on July 19, 2004; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, to be used as a parking lot for the Applicant's staff at the LOA Area Agency on Aging, identified by Roanoke City Tax Map Nos. 1113202 and 1113201 (the "Property"), and providing that the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and 49 WHEREAS, lin consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke's real estate tax levy,, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates the League of Older Americans, Inc., as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, to be used as a parking lot for the Applicant's staff at the LOA Area Agency on Aging, identified by Roanoke City Tax Map Nos. 1113202 and 1113201, owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be conti-ngent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's-adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. This Ordinance shall be in full force and effect on January 1, 2005, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Rae Campbell, President, Board of Directors, of the League of Older Americans, Inc. 5. Pursuant to Section :~2 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor ACCEPTED, AGREED TO AND EXECUTED by the League of Older Americans .... day of ................. 2004. LEAGUE OF OLDER AMERICANS, INC. (SEAL) By President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of July, 2004. No. 36797-071904. AN ORDINANCE approving the Riverland/Walnut Hills Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Rive'rland/Walnut Hills Neighborhood Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the Riverland/Walnut Hills Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on June 17, 2004, and recommended adoption of the Plan and amending Vision 2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and 51 WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Monday, July 19, 2004, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Riverland/Walnut Hills Neighborhood Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Riverland/Walnut Hills Neighborhood Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3: Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~//'~ ~ ~ATTEST: /~L~,~.~_ Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"* day of August, 2004. No. 36798-080204. A RESOLUTION memorializing the late Gordon Preston Davidson, Director of Community Services of the Blue Ridge Independent Living Center. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Davidson on Thursday, July 15, 2004; WHEREAS, Mr. Davidson was born in Williamson, West Virginia in 1946; WHEREAS, Mr. Davidson graduated from East Tennessee State University in 1973 with a bachelor's degree in mass communication and a minor in social work; WHEREAS, before assuming his position with Blue Ridge Independent Living Center, Mr. Davidson worked as an intake specialist at the Virginia Department for the Blind and Vision Impaired; as an assistant news director at radio station WSVA in Harrisonburg; and as an adult protective services worker with Roanoke Department of Social Services; WHEREAS, at Blue Ridge Independent Living Center, Mr. Davidson's duties included producing quarterly newsletters, leading sensitivity training classes, and reviewing places for handicap accessibility; WHEREAS, Mr. Davidson also was active in community organizations, including the Roanoke City Manager's Task Force on Community Relations, the Mayor's Committee for People With Disabilities, the Multiple Sclerosis Society Governmental Relations and Programs Committees, and the Virginia Council on Social Welfare; WHEREAS, Mr. Davidson was diagnosed with multiple sclerosis in 1988, yet maintained his independence and used his education, talents, and skills to advocate the rights of people with disabilities and encourage the community to be more accessible to all. WHEREAS, Mr. Davidson served as the Director of Community Services of the Blue Ridge Independent Living Center for almost 10 years, until recently when he was diagnosed with advanced renal cancer. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Gordon Preston Davidson, and extends to his family its sincerest condolences. 53 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Davidson's mother, Almedia Davidson. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"d day of August, 2004. No. 36799-080204. AN ORDINANCE providing for the acquisition of certain interests in property needed by the City for the Downtown West Parking Garages Project; providing for the City's acquisition of certain property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on the property for the purpose of commencing the project; all upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. To provide for the Downtown West Parking Garages Project, the City wants and needs certain fee simple interests, subject to satisfactory environmental site inspections and acceptable title reports, as set forth in the report and attachments thereto in the City Manager's letter to this Council dated August 2, 2004. The proper City officials are authorized to take appropriate action to acquire the necessary property rights for the City from the respective owner or owners for such consideration as the City Manager deems appropriate, subject to certain limitations and subject to the applicable statutory guidelines. All requisite documents shall be approved by the City Attorney. 2. A public necessity and use exists .for the acquisition of such property and immediate acquisition is necessary and expedient. .54 3. The City Manager is directed to offer on behalf of the City to the owner of the property such consideration as she deems appropriate to the owner or owners of real estate official tax numbers 1010829, 1113512, 1113513, 1113514, 1113515, and 1113516. Upon the acceptance of an offer and upon delivery to the City of deeds, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owner or owners, certified by the City Attorney to be entitled to the same. 4. Should the City be unable to agree on a purchase price for such project with the owner or owners of real estate official tax numbers 1010809, 1010810, and 1010811, after a bona fide offer has been made, or should any owner or owners of such property be a person under a disability and lacking capacity to convey such interest or should the whereabouts of the owner or owners be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City these property rights. 5. In seeking or conducting any condemnation proceeding, the City Attorney is authorized to make a motion on behalf of the City for entry of an order, pursuant to §25-46.8 or §33.1-120, et seq, Code of Virginia (1950), as amended, granting to the City the right to enter upon the property 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 sums offered to the respective owner or owners. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A-I-I'EST: Mary F. Parker City Clerk. Mayor 55 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2"d day of August, 2004. No. 36800-080204. A RESOLUTION approving and authorizing the execution of the Blue Ridge Behavioral Healthcare FY 2005 Performance Contract, upon certain terms and conditions. WHEREAS, Section 37.1-194 of the Code of Virginia, 1950, as amended, requires every locality to establish a community service board to oversee the delivery of mental health, mental retardation and substance abuse services, and it is further required that the local governing body of a locality approve the Performance Contract; and WHEREAS, the City of Roanoke has established the Blue Ridge Behavioral Healthcare Board pursuant to this statutory provision. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The 2005 Performance Contract proposed to be entered into with the Blue Ridge Behavioral Healthcare Board, as more particularly set forth in the City Manager's letter dated August 2, 2004, to this Council, is hereby approved. 2. The City Manager is hereby authorized to execute any and all requisite documents to enter into the Performance Contract with the Blue Ridge Behavioral Healthcare Board. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2"* day of August, 2004. No. 36801-080204. AN ORDINANCE to establish the Record System Improvement Grant, amending and reordaining certain sections of the 2004-2005 General and Grant Funds 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 2004-2005 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Inmate Phone Commissions Transfer To Grant Fund Grant Fund Appropriations Fees For Professional Services Expendable Equipment Publications & Subscriptions Revenues Record System Improvement FY 05-Local Record System Improvement FY 05-Local (Grant) Record System Improvement Grant FY OS-State 001-140-3310-2074 001-250-9310-9535 035-640-3411-2010 035-640-3411-2035 035-640-3411-2040 035-640-3411-3413 035-640-3411-3421 035-640-3411-3414 $(9,040.00) 9,040.00 3,828.00 2,000.00 66,495.00 9,040.00 9,041.00 54,242.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Park r City Clerk C. Nelson Harris Mayor 57 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2"dday of August, 2004. No. 36802-080204. A RESOLUTION authorizing the acceptance of a Criminal Justice Records System Improvement Grant, Grant No. 05-A4486CR03, made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services, and authorizing the execution by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Criminal Justice Services of the Criminal Justice Records System Improvement Grant, No. 05-A4486CR03, in the amount of $72,323 (including the required local cash match), such grant being more particularly described in the letter from the City Manager dated August 2, 2004, upon the terms, provisions and conditions relating to the receipt of the funds. 2. The local cash match shall be in the amount of $18,081.00. 3. The City Manager and the City Clerk are hereby authorized to execute, seal and attest, respectively, all documents setting forth the conditions of Grant No. 05-A4486CR03 and required to accept the grant. 4. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the acceptance of the foregoing grant or with such project. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2"d day of August, 2004. No. 36803-080204. AN ORDINANCE to appropriate funding to the Comprehensive Services Act program for expenditures of troubled youth and their families and revise the revenue to be provided by the Department of Medical Assistance, amending and reordaining certain sections of the 2003-2004 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Medicaid Local Match (Social Services) Foster Care Natural Gas Other Rental Expendable Equipment (<$5,000) Supplemental Security Income A.D.C Foster Care 100% Fees For Professional Services Other Rental Employee Programs Revenues CSA - State Supplemental CSA - Vendor Refunds/Payment Cancel CSA - Parental Support Co- payments CSA - SSA, SSI or Other Payments CSA - Child Support Collections CSA - Prior Report IV-E Expense 001-630-5410-3133 001-630-5410-3191 001-630-5311-2024 001-630-5311-3075 001-630-5313-2035 001-630-5313-3116 001-630-5314-3115 001-630-5315-2010 001-630-5316-307S 001-630-5318-2043 001-110-1234-0692 001-110-1234-1422 001-110-1234-1423 001-110-1234-1424 001-110-1234-1425 001-110-1234-1426 $200 138 (28 (10 068.00 086.00 090.00) 000.00) (14 000.00) (55 000.00) (78 000.00) (27 245.00) (17,000.00) (20,000.00) (17,209.00) 27,802.00 (1,665.00) 57,738.00 42,163.00 (2O,OOO.OO) 59 Pursuant to the provisions of Section 12 of the City Charter, the second 'reading of this ordinance by title is hereby dispensed with. APPROVED A~-I'EST: Mary F. Parker C. Nelson Harris City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16'h day of August, 2004. No. 36804-081604. AN ORDINANCE to appropriate funding for the Regional Drug Prosecutor Grant , amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement ICMA Retirement FICA Hospital Insurance Dental Insurance Disability Insurance Telephone Administrative Supplies Dues & Memberships Postage Other Rental 035-150-3157-1102 035-150-3157-1105 035-150-3157-1115 035-150-3157-1120 035-150-3157-1125 035-150-3157-1126 035-150-3157-1131 035-150-31S7-2020 035-150-3157-2030 035-150-3157-2042 035-150-3157-2160 035-150-3157-3075 $ 75,972.00 7,387.00 1,300.00 5,911.00 6,600.00 445.00 198.00 2,000.00 3,134.00 40O.O0 500.00 9,000.00 60 Revenues Regional Drug Prosecutor FY05 Comp Board 035-150-3157-3111 87,917.00 Regional Drug Prosecutor FY05 Local Match 035-150-3157-3112 24,930.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16'h day of August, 2004. No. 36805-081604. A RESOLUTION authorizing the acceptance of funding for 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. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the funding for the regional drug prosecutor's office in the total amount of $87,917.00 from the Compensation Board of the Commonwealth of Virginia for the period of June 17, 2004 through June 30, 2005. 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. 3. The local share for Fiscal Year 2004-2005 shall be in the amount of $24,930.00. 61 4. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16'h day of August, 2004. No. 36806-081604. AN ORDINANCE to appropriate funds for the Forfeited Criminal Assets, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Telephone - Cellular Administrative Supplies Expendable Equipment < $5000 Training and Development DOT - PC Rental / Maintenance Revenues Forfeited Criminal Assets Forfeited Criminal Assets - Interest 035-150-5140-2021 035-150-5140-2030 035-150-5140-2035 035-150-5140-2044 035-150-5140-7007 035-150-5140-7107 035-150-5140-7275 $ 3,000.00 3,501.00 5,000.00 2,000.00 6,500.00 19,112.00 889.00 62 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED /~ ~ ~'ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16'" day of August, 2004. No. 36807-081604. AN ORDINANCE to appropriate funding from third parties for the Dale Avenue and Vernon Street Intersection Improvements Project, amending and reordaining certain sections of the 2004-2005 Capital Projects 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 2004-2005 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from 1999 Bond Funds Appropriated from 1999 Bond Funds Revenues Traffic Signal Contribution-Hooker Furniture Traffic Signal Contribution-Parts Depot 008-530-9827-9003 008-530-9827-9001 008-530-9812-9001 008-530-9826'9807 008-530-9826-9808 $80,000.00 13,000.00 (13,000.00) 30,000.00 50,000.00 63 Pursuant to the provisions of Section 12 of the City Charter, the second 'reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 16'h day of August, 2004. No. 36808-081604. A RESOLUTION authorizing the appropriate City officials to execute Amendment No. 2 to the Agreement dated July 1, 2002, with the Roanoke Redevelopment and Housing Authority to conduct housing activities using Community Development Block Grant and HOME Investment Partnerships Program funds, upon certain terms and conditions. WHEREAS, Resolution No. 36096, adopted October 15, 2002, authorized the appropriate City officials to enter into the 2002-2003 Agreement with the Roanoke Redevelopment and Housing Authority ("RRHA") to conduct housing activities using Community Development Block Grant and HOME Investment Partnerships Program funds; WHEREAS, by Resolution No. 26419-070703, adopted July 7, 2003, City Council authorized the appropriate City officials to execute an amendment to the 2002-2003 Agreement with the RRHA which extended the time of performance, increased the funding, and revised goal and other technical provisions; WHEREAS, in order for the RRHA to conduct the housing activities approved in the Consolidated Plan, City Council action is needed; and WHEREAS, because this project is ongoing, it is more efficient financially and programmatically to increase the funding under the existing agreement than to create a new agreement. 64 THEREFORE, BE I-r RESOLVED by the Council of the City of Roanoke that the City Manager or Assistant City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, Amendment No. 2 to the Agreement dated July 1, 2002, with RRHA, approved as to form by the City Attorney, as more particularly set forth in the City Manager's letter dated August 16, 2004, to this Council. APPROVED Mary F Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 16'h day of August, 2004. No. 36809-081604. A RESOLUTION authorizing the appropriate City officials to enter into Amendment No. 2 to the 2002-2003 Community Development Block Grant Program/HOME Agreement with the Blue Ridge Housing Development Corporation to provide for increased funding for project-related overhead costs for the period from July ! through December 31, 2004, upon certain terms and conditions. 65 BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or Assistant City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, Amendment No. 2 to the 2002-2003 Community Development Block Grant/HOME Agreement with Blue Ridge Housing Development Corporation, to provide for increased funding for .project-related overhead costs for the period from July ! through December 31, 2004, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated August 16, 2004, to this Council. APPROVED Al-TEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'h day of August, 2004. No. 36810-081604. A RESOLUTION authorizing the City Manager to enter into a 2004-2005 Community Development Block Grant (CDBG) subgrant Agreement with Business Seed Capital, Inc., upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, on behalf of the City, a 2004-2005 CDBG subgrant Agreement with Business Seed Capital, Inc., upon such terms and conditions as are more particularly set forth in the City Manager's letter dated August 16, 2004, to this Council. 66 2. The form of such agreement, and any necessary amendments thereto, shall be approved by the City Attorney. APPROVED ATT,EST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 16'~ day of August, 2004. No. 36811-081604. A RESOLUTION authorizing the appropriate City officials to execute an amendment to the Consolidated Plan for FY 2004-2005, providing for the use of Community Development Block Grant funds to reimburse Blue Ridge Housing Development Corporation for the cost of a vacant, undeveloped parcel intended to be used as the site for a future healthcare center, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an amendment to the Consolidated Plan for FY 2004-2005, providing for the use of Community Development Block Grant funds to reimburse Blue Ridge Housing Development Corporation for the cost of a vacant, undeveloped parcel intended to be used as the site for a future healthcare center, and any additional necessary documents related to such an amendment, and to authorize the City Manager to submit any necessary documents for such purpose, as recommended in the City Manager's letter dated August 16, 2004, to this Council. 67 2. The form of such amendment, and any additional necessary documents to be executed by the City Manager, shall be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'h day of August, 2004. No. 36812-081604. AN ORDINANCE authorizing the City Manager to enter into an agreement with Roanoke City Public Schools for the lease of space in the Church Avenue Parking Garage, located at 107 Church Avenue, for the term of five years, with one five year renewal option, for the operation of the CITY School program, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a lease agreement with the Roanoke City Public Schools, for the lease of space in the Church Avenue Parking Garage, located at 3.07 Church Avenue, for the term of five years, with one five year renewal option, for the operation of the CITY School program, as more particularly set forth in the City Manager's letter to this Council, dated August 3.6, 20.04. 68 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16'h day of August, 2004. No. 36813-081604. AN ORDINANCE to appropriate funding for and provide approval of an additional position for computer support of the Water Authority and Schools and establish an internal billing revenue, amending and reordaining certain sections of the 2004-2005 Department of Technology Fund Appropriations, and dispensing with the second reading by title of this ordinance. RE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement ICMA Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Revenues Billings to Water Authority Billings to School Fund 013-430-1601-1002 $ 29,377.00 013-430-1601-1105 2,798.00 013-430-1601-1116 650.00 013-430-1601-1120 2,239.00 013-430-1601-1125 3,300.00 013-430-1601-1126 221.00 013-430-1601-1130 333.00 013-430-1601-1131 82.00 013-110-1234-0960 013-110-1234-0968 7,500.00 31,500.00 69 Pursuant to the provisions of Section 12 of the City Charter, the second 'reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The :16'" day of August, 2004. No. 36814-081604. AN ORDINANCE amending §21-81, Discharge of air gun, gravel shooter, etc., to Article III, Weapons, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended, to regulate the discharge of certain guns and devices in the City; and dispensing with the second reading of this ordinance by title. WHEREAS, at its last session, the legislature for the Commonwealth of Virginia authorized all localities to regulate the use of pneumatic guns under certain circumstances; WHEREAS, the City Council for the City of Roanoke finds that all areas within the boundary of the City of Roanoke are' so heavily populated as to make the discharge of a pneumatic gun dangerous to citizens of the City, except at facilities approved for shooting ranges, or on other property where firearms may be discharged lawfully; and WHEREAS, commercial or private areas designated for use of pneumatic paintball guns may be established and operated for recreational use in accordance with all applicable laws and ordinances, including Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 70 1. Section 21-81, Discharge of air gun, qravel shooter, etc., of Article III, Weapons, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: Sec. 21-81. Discharge of air gun, qravel shooter, pneumatic gun, etc. (a) Any person who shall, anywhere within the city, discharge shot, stones, gravel, bullets or any similar thing from a gravel shooter, air gun, pneumatic gun or other similar implement shall be guilty of a Class 4 misdemeanor, un/ess otherwise permitted by this section. Subsection (a) shah not prohibit the use ora pneumatic gun at a facility approved for shooting ranges or on other property where firearms may be discharged lawfully. 5ubsection (a) shah not prohibit the establishment of commercial or private areas designated for use of paintbaH guns for recreational use in accordance with aH applicable requirements. Equipment designed to protect the face and ears shaH be provided to participants at such recreational areas, and signs shah be posted to warn against entry into the paintbaH area by persons who are unprotected or unaware that paintbaH guns are in use. As used in this section, the term, ,'pneumatic gun" means any implement, designed as a gun, that wi//expel a BB or a pellet by action of pneumatic pressure. The term ''pneumatic gun" includes a paintba// gun that expels by act/on of pneumatic pressure plastic bahs filled with paint for the purpose of rnarAing the point of impact. AH uses of a pneumatic gun otherwise allowed under this section by a minor below the age of sixteen (16) years on private or public property shall be under the supervision of a parent, guardian or other adult supervision approved by a parent or guardian. AH uses of a pneumatic gun otherwise allowed under this section on private property with the consent of the owner by a minor above the age of sixteen (16) years shaH occur only with the written consent ora parent or guardian. AH minors, when permitted by a parent or guardian to use a pneumatic gun, shah be responsible for obeying aH laws, regulations and restrictions governing such use. 71 The training of m/nors in the use of pneumatic guns shah be done only under direct supervision of a parent, guardian, Junior Reserve Officers Training Corps instructor, or a certified instructor. Training of minors above the age of sixteen (16) may also be done without direct supervision if approved by the minor's instructor, with the perm/ss/on of and under the responsibility ora parent or guard/an, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense, or any person author/zed by these author/t/es to certify ranges and instructors. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16'h day of August, 2004. No. 36815-081604. AN ORDINANCE to appropriate funding for the Addison Community Learning Center, Patrick Henry Youth Court and Patrick Henry High School Project, amending and reordaining certain sections of the 2004-2005 School and School Capital Projects Funds 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 2004-2005 School and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 72 School Fund Appropriations Compensation of Supervisors Compensation of Teachers Aides Compensation of Clerical 'Retirement - HIC VRS Social Security Retirement - VRS Health Insurance Indirect Costs Other Professional Services Conventions Education Educational & Recreational Supplies Professional Health Services Mileage Educational & Recreational Supplies Revenues Federal Grant Receipts Federal Grant Receipts School Capital Projects Fund Appropriations Appropriations From 2005 Bond Funds Schools 030-065-6337-6100-0124 $ 42,000.00 030-065-6337-6100-0141 030-065-6337-6100-0151 030-065-6337-6100-0200 030-065-6337-6100-0201 030-065-6337-6100-0202 030-065-6337-6100-0204 030-065-6337-6100-0212 030-065-6337-6100-0313 030-065-6337-6100-0554 030-065-6337-6100-0614 030-630-6873-6100-0311 030-630-6873-6100-0551 030-063-6873-6100-0614 030-065-6337-1102 030-063-6873-1102 031-065-6066-6896-138 031-060-9707-6896-182 52,080.00 11,145.00 231.00 8,050.00 3,036.00 4,880.00 2,010.00 36,950.00 1,723.00 7,445.00 53,600.00 3,500.00 5,500.00 169,550.00 62,600~00 15,000,000.00 (15,000,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 73 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16" day of August, 2004. No. 36816-081604. A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking bond financing in an amount estimated not to exceed $1,300,000.00 to finance certain capital improvements to Lincoln Terrace Elementary School, previously approved pursuant to Resolutions No. 36138-111802 and No. 36139-111802, adopted by the Council at its November 18, 2002, meeting. BE IT RESOLVED by the Council of the City of Roanoke that: 1) The City Manager or the Assistant City Manager is hereby authorized and directed to file an application with the Virginia Public School Authority for bond financing in an amount estimated not to exceed $1,300,000.00 (the "Bonds") to finance capital improvements at Lincoln Terrace Elementary School. 2) The City Clerk is hereby authorized and directed to publish in accordance with applicable law a public notice of public hearing in connection with the proposed Bonds to be held on September 7, 2004. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on August 16, 2004, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting on the foregoing resolution was as follows: 74 Present Absent Aye Nay Abstain C. Nelson Harris, Mayor Beverly T. Fitzpatrick, Jr., Vice Mayor M. Rupert Cutler Alfred T. Dowe, Jr. Sherman P. Lea Brenda L. McDaniel Brian J. Wishneff WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this __ day of August, 2004. APPROVED ATTEST: Mary F Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'~ day of August. 2004. No. 36817-081604. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, C. Douglas Corbin and Ana P. Corbin filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the 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; 75 WHEREAS, a public hearing was held on such application by the City Council on August :~6, 2004, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke C~979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; ' WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: Those southernmost portions of Thyme Street, S.E., Linden Street, S.E., and Pink Street, S.E., at their intersections with Ivy'Street, S.E. be, and are hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the CoUncil of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, 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, shrubbe~, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. 76 BE IT FURTHER .ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, and with such plat containing the following statement: "The subdividers hereby declare that the combined parcel shown hereon shall, from and after the date of recordation of this plat, be subject to the restriction that it shall not be further subdivided." BE IT FURTHER ORDAINED that the applicant shall, upon meeting ali 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 Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 77 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'h day of August, 2004. No. 36818-081604. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Hollins Church of the Brethren filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the 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 the City Council on August 16, 2004, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; ~ WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the-City of Roanoke, Virginia, and more particularly described as follows: 78 That certain alley running between the 800 blocks of .Palmer Avenue, N.E., and Liberty Road, N.E. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-wayi reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that prior to receiving all required approvals of the subdivision plat referenced in. the previous paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of Two thousand dollars and no cents ($2,000.00) as consideration for this action taken by City Council. 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 Petitioner, 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. 79 BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'h day of August, 2004. NO. 36819-081604. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 105, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District; and dispensing with the second reading by title of this ordinance. WHEREAS, 2123 Crystal Spring, LLC filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located at 2123 Crystal Spring Avenue, S.W., being designated as Official Tax No. 1050514, which property was previously conditionally'rezoned by the adoption of Ordinance No. 34734-040300, adopted April 3, 2000; 80 WHEREAS, 2123 .Crystal Spring, LLC seeks to have the proffered conditions repealed and replaced with new proffered conditions; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 16, 2004, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon a tract of land located at 2123 Crystal Spring Avenue, S.W., being designated as Official Tax No. 1050514, and the matters presented at the public hearing, should be repealed as accepted by Council by the adoption of Ordinance No. 34734-040300 on April 3, 2000, and replaced as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 105 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Petition to Amend Proffers filed in the City Clerk's Office on June 3, 2004, and as set forth in the report of the Planning Commission dated August 16, 2004, so that the subject property is zoned CN, Neighborhood Commercial District, with proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 81 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2004. No. 36820-081604. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Roanoke Gas Company filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the 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 the City Council on August 16, 2004, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: 82 A portion of Kimball Avenue right-of-way bounded on the east'by parcel 3015009 and on the south by parcel 3015001 and from the northwest corner of parcel 3015001 to the northwest corner of parcel 3015009 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an .easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress-over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of Three thousand one hundred twenty-five dollars and no cents ($3,125.00) as consideration for this action taken by City Council. 83 BI: 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 Petitioner, and the names of any Other parties in interest who may so request, as Grantees, and pay such fees anti charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that i.f the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with APPROVED Mary F. Parker City Clerk C:. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'h day of August, 2004. No. 36821-081604. AN ORDINANCE to amend §36.:~-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 716, Sectional :Z976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. 84 WHEREAS, the City of Roanoke has made application to the Council of the .City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 16, 2004, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 716 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: The certain tract of land lying at the intersection of Orange Avenue, N.E., and Blue Hills Drive, N.E., containing 11.0677 acres, more or less, identified as Official Tax No. 7160113, and designated on Sheet No. 716 of the Sectional :~976 Zone Map, be, and is hereby rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to the proffers contained in the Petition filed in the Office of the City Clerk on June 8, 2004, and that Sheet No. 716 of the 1976 Zone Map be changed in this respect. 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: Mary F. Parker City Clerk _.~, ~.~,~APPROVED C. Nelson Harris Mayor 85 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2004. No. 36822-081604. AN ORDINANCE authorizing the Mayor to execute an agreement between the County of Roanoke and the City of Roanoke relating to certain boundary line adjustments between those governmental entities; directing that certain other actions relating to such boundary line be taken as provided by law; and dispensing with the second reading by title of this ordinance. WHEREAS, the Council deems it necessary in order to further the public health, safety, and welfare to relocate portions of the boundary line between the City of Roanoke and the County of Roanoke in accordance with the provisions of §15.2-3106, et seq., of the Code of Virginia (1950), as amended; WHEREAS, relocation of the boundary line between such governmental entities in the areas proposed will permit more effective and efficient delivery of municipal services; WHEREAS, the City Manager has recommended to the Council establishment of a new boundary line at certain points between the City of Roanoke and the County of Roanoke, as set out in the City Manager's letter dated August 16, 2004, to this Council; and WHEREAS, the Roanoke County, through its administration, has agreed to the boundary relocation and this Council concurs in the recommendation of the City Manager as set forth in the City Manager's letter ~lated August 16, 2004, to this Council. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Mayor and the City Clerk be, and hereby are, authorized to execute and attest, respectively, an agreement between the City of Roanoke and the County of Roanoke, in form approved by the City Attorney, establishing a new boundary line at certain points between the jurisdictions as more particularly described in the exhibits attached to the City Manager's report dated August 16, 2004, all of which are incorporated by reference herein. 2. Upon execution of the agreement between the governing bodies, the City Attorney or County Attorney is authorized to petition the Circuit Court of one of the affected jurisdictions to relocate the boundary line in accordance with the exhibits attached to the City Manager's report dated August 16, 2004. 86 3. Upon entry of an order by the Circuit Court establishing the new boundary line, the Clerk of the Circuit Court is requested to forward a certified copy of such order to the Secretary of the Commonwealth, as required by law. 4. The Mayor and City Attorney are authorized to take, or cause to be taken, such actions, and to execute other documents as may be required by law to effect the changes in the boundary line as set forth herein. 5. The City Clerk is directed to forward an attested copy of this ordinance to the Clerk of the Board of Supervisors for Roanoke County. 6. Pursuant to §12 of the Roanoke City Charter, the second reading of this ordinance by title paragraph is hereby dispensed with. APPROVED ATTEST: Mary F. Parker C. Nelson Harris City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16'h day of August, 2004. No. 36823-081604. AN ORDINANCE granting a revocable license to permit the encroachment of an overhead awning at a height above the sidewalk of ten (10) feet, with the overhead awning extending forty-two (42) inches, in the public right-of-way of 16 Campbell Avenue, S.W., from property bearing Official Tax No. 1011707, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on August 16, 2004, pursuant to §§15.2-1800(B), 15.2-1813 and 15.2-2010, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such permit. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 87 1. Permission is hereby granted the property owner, Sutton Construction Co. of Roanoke, Inc., ("Licensee") of the property bearing Official Tax No. 1011707, otherwise known as 16 Campbell Avenue, S.W., within the City of Roanoke, to permit the encroachment of an overhead awning at a height above the sidewalk of ten (10) feet, with the overhead awning extending forty-two (42) inches, in the public right-of-way of 16 Campbell Avenue, S.W., as more fully described in a letter of the City Manager to City Council dated August 16, 2004. 2. Such license, granted pursuant to §15.2-2010, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the limitations contained in §15.2-2010. 3. It shall be agreed by the Licensee that, in maintaining such encroachment, the Licensee and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment in the public right-of-way. 4. Licensee, its grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than $1,000,000.00. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. The certificate shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 5. The City Clerk shall transmit an attested copy of this ordinance to Sutton Construction Co. of Roanoke, Inc., P. O. Box 13327, Roanoke, Virginia 24033. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the Licensee, has been admitted to record, at the cost of the Licensee, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk. 88 7. Pursuant to the provisions of §12 of the City Charter, the second ,reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor ACCEPTED and EXECUTED by the undersigned this day of ,2004. SUTTON CONSTRUCTION CO. OF ROANOKE, INC. COMMONWEALTH OF VIRGINIA by: (SEAL) title § To-Wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this day of ,2004, by of Sutton Construction Co. of Roanoke, Inc. My Commission expires: Notary Public 89 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 2004. No. 36824-090704. A RESOLUTION memorializing the late Christine Price Lea, mother of Council Member Sherman P. Lea. WHEREAS, the members of Council learned with sorrow of the passing of Mrs. Lea on Tuesday, August 17, 2004; WHEREAS, North Carolina, Cardwell; Mrs. Lea was born on March 20, 1932, in Caswell County, and was the daughter of the late Ranzie and Rebecca Price WHEREAS, Mrs. Lea was part of a loving family including three brothers, Elie, Carl, and Cozell, and two sisters, Yvonne and Violet; WHEREAS, Mrs. Lea was a devoted wife to her husband, Charles A. Lea, who preceded her in death on March 18, 2004; and a loving mother to her two sons, Sherman and Anthony, and to her daughter, Cheryl; WHEREAS, Mrs. Lea was a proud grandmother of five grandchildren and two great-grandchildren; and WHEREAS, Mrs. Lea was beloved by her extended family, including a host of nieces, nephews, cousins, and other relatives and friends. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Christine Price Lea, and extends to her family its sincerest condolences. 90 2. The City Clerk is directed to forward an attested copy of this resolution to Mrs. Lea's sons, Sherman P. Lea, of Roanoke, Virginia, and Anthony M. Lea, of Richmond, Virginia; and to her daughter, Cheryl C. Lea, of Danville, Virginia. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'h day of September, 2004. No. 36825-090704. A RESOLUTION paying tribute to City employees who have returned from active duty as Army National Guard, Air Force Air National Guard, and Army, Navy, Air Force and Marine Corps reservists who served their country during "Operation Iraqi Freedom". WHEREAS, Scott E. Bradford (Navy Reserve), Robert P. Campbell (National Guard), Louie A. Cross (Army Reserve), Jeremy Todd Evans (Air Force Reserve), Richard Alden Frantz III (Army Reserve), Douglas Lynn Hurd (National Guard), Jeffrey P. Jenkins (Army Reserve), Robert A. Johnson (Army Reserve), Darrick A. Jones (Army Reserve), Paul Eric Laprad (Army Reserve), Brian K. McDaniel (Marine Corps Reserve), Maurice Nicholson (National Guard), Joseph E. Orange (Army Reserve), and Daryl W. Songer (Air Force Air National Guard) are all City employees who were called to active duty during "Operation Iraqi Freedom"; WHEREAS, since the September 11, 2001, terrorist attacks, the Nation's Guard and Reserve troops have gone from serving as "weekend warriors" to deployable, active-duty war-fighting forces; WHEREAS, many City employees who serve as guardsmen and reservists were activated for duty during "Operation Iraqi Freedom", requiring them to leave their families and jobs for long periods of time and mobilize to defend our nation against terrorism; WHEREAS, our guardsmen and reservists worked in behind-the-scenes operations that are always on--24 hours a day and seven days a week--to provide support for our Armed Forces; and 91 WHEREAS, our guardsmen and reservists served overseas and on military bases across the United States to provide homeland defense for our country. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this resolution as a means of recognizing and commending City employees who have completed their active-duty service as guardsmen and reservists during "Operation Iraqi Freedom". 2. The City Clerk is directed to forward an attested copy of this resolution to each of the City employees who have completed their active duty service as guardsmen and reservists, defending our country in the war against terrorism. Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7'h day of September, 2004. No. 36826-090704. AN ORDINANCE to appropriate funding for the Victim Witness Program Grant, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement ICMA Retirement 035-150-5128-1002 $ 94,006.00 035-150-5128-1105 5,935.00 035-150-5128-1115 2,990.00 92 ICMA Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Telephone Administrative Supplies Dues and Memberships Training and Development Business Meals and Travel Postage Management Services Revenues Victim Witness FY05 - State Victim Witness FY05 - Local Match 035-150-5128-1116 035-150-5128-1120 035-150-5128-1125 035-150-5128-1126 035-150-5128-1130 035-150-5128-1131 035-150-512B-2020 035-150-5128-2030 035-150-512B-2042 035-150-512B-2044 035-150-5128-2144 035-150-5128-2160 035-150-5128-7015 035-150-5128-5130 035-150-5128-5131 1,950.00 7,921.00 10,494.00 697.00 1,072.00 263.00 960.00 1,000.00 75.00 2,526.00 1,018.00 1,620.00 345.00 107,201.00 25,671.00 Pursuant to the provisions of Section 12 of the City Charter, the second (eading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker Cit¥ Clerk APPROVED Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7'h day of September, 2004. No. 36827-090704. A RESOLUTION authorizing the acceptance of a grant made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a Victim/Witness Assistance Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents in a form approved by the City Attorney. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Criminal Justice Services of a grant in the amount of $107,201.00 for Fiscal Year 2004-05 for a Victim/Witness Assistance Program. 93 2. The local cash match for Fiscal Year 2004-05 shall be in the amount of $25,671.00. 3. The City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of the grant in a form approved by the City Attorney. 4. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the acceptance of the foregoing grant or with such project. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7'h day of September, 2004. No. 36828-090704. AN ORDINANCE to appropriate funding for the Rescue Squad Assistance Fund Grant, amending and reordaining certain sections of the 2004-2005 Fleet and 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 2004-2005 Fleet and Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 94 Fleet Fund Appropriations Vehicular Equipment Transfer to Grant Fund Grant Fund Appropriations Expendable Equipment (<$5,000) Vehicular Equipment Revenues Rescue Squad Assistance Fund FY05-State Rescue Squad Assistance Fund FYOS-Local (Fleet Fund) Rescue Squad Assistance Fund FYOS-Local (Grant Fund) 017-440-2642-9010 017-440-2641-9535 035-520-3560-2035 035-520-3560-9010 035-520-3560-3560 035-520-3560-3561 035-520-3560-3562 $(44,595.00) 44,595.00 17,120.00 77,017.00 40,982.00 44,595.00 8,560.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'h day of September, 2004. No. 36829-090704. A RESOLUTION authorizing the acceptance of the Rescue Squad Assistance Fund ("RSAF") Grant made to the City of Roanoke by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents approved as to form by the City Attorney. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Virginia Department of Health, Office of Emergency Medical Services, of the Rescue Squad Assistance Fund Grant in the amount of $40,982.00 95 2. The City Manager or the Assistant City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of Virginia Department of Health, Office of Emergency Medical Services, RSAF Grant approved as to form by the City Attorney. 3. The City Manager or the Assistant City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Health, Office of Emergency Medical Services, in connection with the City's acceptance of the foregoing grant or with such project. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7'h day of September, 2004. No. 36830-090704. AN ORDINANCE to appropriate funding for the Juvenile Accountability Block Grant One Time Special Funding Initiative, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Administrative Supplies Expendable Equipment (<$5,000) Revenues JABG - One Time Special Funding -State 035-630-5062-2030 035-630-5062-2035 035-630-5062-5067 $ 3,670.00 4,663.00 8,333.00 96 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'h day of September, 2004. No. 36831-090704. A RESOLUTION authorizing acceptance of Juvenile Accountability Block Grant One Time Special Funding Initiative funds from the Virginia Department of Criminal Justice Services on behalf of the City, authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Juvenile Accountability Block Grant One Time Special Funding Initiative funds from the Virginia Department of Criminal Justice Services, in the amount of $8,333.00, as set forth in the City Manager's letter, dated September 7, 2004, to this Council are hereby ACCEPTED. 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these grant funds, and to furnish such additional information as may be required in connection with the City's acceptance of these grant funds. All documents shall be approved as to form by the City Attorney. Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor 97 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7'h day of September, 2004. No. 36832-090704. AN ORDINANCE to appropriate funds for the Local Law Enforcement Block Grant, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages FICA Revenues Law Enforcement Block Grant 04- 06 Federal Grants Law Enforcement Block Grant 04- 06 Local Match Law Enforcement Block Grant 04- 06 Interest 035-640-3552-1003 035-640-3552-1120 035-640-3552-3554 035-640-3552-3555 035-640-3552-3556 53,354.00 4,082.00 51,017.00 5,669.00 750.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor 98 IN THE COUNCIL OF THE CITYOF ROANOKE, VIRGINIA The 7'h day of September, 2004. No. 36833-090704. A RESOLUTION authorizing the acceptance of the Local Law Enforcement Block Grant offer made by the Bureau of Justice Assistance and authorizing the execution of any required documentation on behalf of the City, in a form approved by the City Attorney. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke accepts the offer made to the City by the Bureau of Justice Assistance of the Local Law Enforcement Block Grant in the amount of $51,107.00, such grant being more particularly described in the letter of the City Manager, dated September 7, 2004, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept this grant, 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 may be required by the Bureau of Justice Assistance in connection with the City's acceptance of this grant. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 99 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7'h day of September, 2004. No. 36834-090704. AN ORDINANCE to appropriate funding for the FY05 Workforce Investment Act Grant and to de-appropriate funding for the FY04 Grant, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Contractual Services Contractual Services Contractual Services Wages Telephone Leases Travel Supplies Marketing Contractual Services Equipment Insurance Fees For Professional Services Wages Telephone Leases Travel Supplies Marketing Contractual Services Equipment Insurance Fees For Professional Services Wages Telephone Leases Travel Supplies Marketing 035-633-2301-8057 (231.00) 035-633-2302-8057 (2,136.00) 035-633-2305-8057 63.00 035-633-23~0-8050 6,4~5.00 035-633-23~0-8090 386.00 035-633-23~0-8058 2,160.00 035-633-2310-8052 963.00 035-633-23~0-8055 942.00 035-633-23~0-8053 1,~78.00 035-633-23~0-8057 5,353.00 035-633-23~0-8059 428.00 035-633-23~0-8056 749.00 035-633-23~0-2010 ~07.00 035-633-23~1-8050 3,306.00 035-633-231~-8090 47.00 035-633-23~-8058 265.00 035-633-23~-8052 ~8.00 035-633-231~-8055 78.00 035-633-23~-8053 ~44.00 035-633-23~-8057 65,955.00 035-633-23~1-8059 53.00 035-633-231~-8056 92.00 035-633-23~-20~0 ~3.00 035-633-23~2-8050 4,451.00 035-633-2312-8090 64.00 035-633-23~2-8058 356.00 035-633-23~2-8052 ~59.00 035-633-23~2-8055 ~06.00 035-633-2312-8053 ~94.00 100 Contractual Services Equipment Insurance Fees For Professional Services Wages Telephone Leases Travel Supplies Marketing Contractual Services Equipment Insurance Fees For Professional Services Wages Telephone Leases Travel Supplies Marketing Contractual Services Equipment Insurance Fees For Professional Services Revenues Workforce Investment Act Grant FY04 Workforce Investment Act Grant FY05 035-633-2312-8057 96,955.00 035-633-2312-8059 71.00 035-633-2312-8056 123.00 035-633-2312-2010 17.00 035-633-2313-8050 4,197.00 035-633-2313-8090 59.00 035-633-2313-8058 335.00 035-633-2313-8052 150.00 035-633-2313-8055 100.00 035-633-2313-8053 183.00 035-633-2313-8057 115,779.00 035-633-2313-8059 67.00 035-633-2313-8056 116.00 035-633-2313-2010 17.00 035-633-2314-8050 1,986.00 035-633-2314-8090 28.00 035-633-2314-8058 159.00 035-633-2314-8052 71.00 035-633-2314-8055 48.00 035-633-2314-8053 87.00 035-633-2314-8057 49,385.00 035-633-2314-8059 32.00 035-633-2314-8056 55.00 035-633-2314-2010 8.00 035-633-2301-2301 035-633-2311-2311 (2,304.00) 383,810.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 101 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7'h day of September, 2004. No. 36835-090704. AN ORDINANCE to appropriate funding for the Virginia Institute for Social Service Training Activities (VlSSTA), amending and reordaining certain sections of the 2004-2005 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement FICA Hospital Insurance Life Insurance Disability Insurance Telephone Program Activities Printing Postage Revenues VISSTA 001-630-5318-1002 001-630-5318-1105 001-630-5318-1120 001-630-5318-1125 001-630-5318-1130 001-630-5318-1131 001-630-5318-2020 001-630-5318-2066 001-630-5318-2075 001-630-5318-2160 001-110-1234-0671 $ 25,363.00 2,283.00 1,940.00 3,300.00 289.00 84.00 2,000.00 18,932.00 2,000.00 1,500.00 57,691.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor 102 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'h day of September, 2004. No. 36836-090704. A RESOLUTION authorizing the City Manager to execute a subaward agreement with Virginia Commonwealth University for local supervision and operation of the Virginia Institute for Social Service Training Activities ("VlSSTA") Piedmont Area Training Center, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The subaward agreement with Virginia Commonwealth University for local supervision and operation of the VlSSTA Piedmont Area Training Center, in the amount of $401,691.00, as set forth in the City Manager's letter, dated September 7, 2004, to this Council is hereby ACCEPTED. 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these grant funds, and to furnish such additional information as may be required in connection with the City's acceptance of these subgrant funds. All documents shall be approved as to form by the City Attorney. APPROVED Mary F. Parker City Clerk C. Nelson Parker Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7'h day of September, 2004. No. 36837-090704. A RESOLUTION regarding the adoption of a Solid Waste Management Plan for the City of Roanoke. WHEREAS, Section 10.1-1402 of the Code of Virginia (1950), as amended ("Virginia Code"), authorizes the Virginia Waste Management Board ("Board") to promulgate and enforce such regulations as may be necessary to carry out its duties and powers under the Virginia Waste Management Act and related federal acts; 103 WHEREAS, the Board requires each city, county, and town to develop a comprehensive and integrated Solid Waste Management Plan ("Plan") that, at a minimum, considers all components of the following hierarchy: (].) source reduction, (2) reuse, (3) recycling, (4) resource recovery (waste-to-energy), (5) incineration, (6) landfilling, and (7) plan implementation; WHEREAS, after public participation, City Council adopted a Plan for the City of Roanoke, Virginia, on July 8, 1991, by the adoption of Resolution No. 306].9-70891; WHEREAS, because the goals of the Plan adopted in 1991 have, to a large degree, been met, the City Administration has proposed a new Plan; and WHEREAS, pursuant to 9 VAC 20-130-].30 of Chapter 130, Regulations for the Development of Solid Waste Management Plans, of the Virginia Administrative Code (2004), as amended, City Council held a public hearing on August ].6, 2004, to receive public comments on the proposed Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke: 1. That this Council hereby approves the Plan as more particularly described in the City Manager's letter dated September 7, 2004, to City Council; and 2. That the City Manager is authorized to submit the Plan to the Virginia Department of Environmental Quality for approval and to take such actions and execute such documents as are required to implement the Plan which is more particularly described in the City Manager's letter dated September 7, 2004, to City Council. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 104 IN THE COUNCIL FOR THE cI-rY OF ROANOKE, VIRGINIA, The 7'h day of September. 2004. No. 36838-090704. A RESOLUTION authorizing the appropriate City officials to execute the 2004-2005 Community Development Block Grant and HOME Investment Partnership Program Agreement with Roanoke Redevelopment and Housing Authority to conduct the housing activities approved in the Consolidated Plan, upon certain terms and conditions. WHEREAS, Resolution No. 36695-051304, adopted May 13, 2004, approved and authorized the City Manager to submit the Fiscal Year 2004-2005 Annual Update to the Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD) and to execute the appropriate documents for acceptance of such funding; and WHEREAS, in order for Roanoke Redevelopment and Housing Authority (RRHA) to conduct the housing activities approved in the Consolidated Plan, City Council's authorization is required. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or Assistant City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, the 2004-2005 Community Development Block Grant and HOME Investment Partnership Program Agreement with Roanoke Redevelopment and Housing Authority to conduct the housing activities approved in the Consolidated Plan, and to indemnify the Roanoke Redevelopment and Housing Authority, as required to accept the grant in the amount of $721,930.00, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated September 7, 2004, to this Council. APPROVED ATTEST: Mary F. Parker Cit¥ Clerk C. Nelson Harris Mayor 105 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'" day of September, 2004. No. 36839-090704. AN ORDINANCE authorizing the City Manager to enter into an agreement between the City of Roanoke and Norfolk Southern Railway Company ("Railway") to provide for relocation of a portion of the Railway's signal system attached to the First Street Bridge, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, an agreement with the Railway to provide for relocation of a portion of the Railway's signal system attached to the First Street Bridge, upon such terms and conditions as are more particularly described in the City Manager's letter dated September 7, 2004, to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. City Clerk C. Nelson Harris Mayor 106 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'h day of September, 2004. No. 36840-090704. AN ORDINANCE amending §2-297, Established; repealing §2-301, Human services committee, of Article XlV, Boards, Authorities, Commissions and Committees, and amending §17-20, Functions, powers and duties, of Article II, Advisory of Board of Human Resources, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, abolishing the Human Services Committee; consolidating the functions, powers and duties of the former Committee with those of the Advisory Board; changing the name of the Advisory Board; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 2. Section 2-297, Established, Article II, Authorities, Boards, Commissions and Committees, Chapter 2, Administration, of the Code of the City of Roanoke, 1979, as amended, is hereby amended by the elimination of the Human Services Committee, a permanent committee of City Council, and shall read and provide as follows: §2-297. Established. There are hereby established the following permanent committees of the council: (1) Audit committee. (3) Water '"' (2]Personnel committee. (3) kegislatiYe committee. 1. Section 2-301, Human services committee, of Article II, Authorities, Boards, Commissions and Committees, of Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, is hereby repealed in its entirety. 107 3. Section 17-20, Functions, powers and duties, of Article II, Advisory Board of Human Resources, of Chapter 2, Administration, is hereby amended by consolidation of the former Human Services Committee along with its powers and duties with those of the Human Resources Advisory Board; changing the name of the Advisory Board, and shall read and provide as follows: ARTICLE II. ^'"""'-'"" ""'*"" ""- '""'^" R[SOURCE5 HUMAN SER VICES AD VISOR Y BOARD §17-20. Functions, powers and duties. (a) The board shall serve in an advisory capacity to the director of human services with respect to the duties and functions imposed upon the director as the local board of social services. (b) The powers and duties of the board shall be as follows: (1) To interest itself in all matters pertaining to the social welfare of the people of the city. (2) To monitor the formulation and implementation of social welfare programs in the city. 108 (3) To meet with the director of human services at least four 4) times a year for the purpose of making recommendations on policy matters concerning the department of human services. To review applications or requests for funding made to the city by private social services agencies; to advise the council as to the merits of funding the programs of such agencies; to recommend an a/location of funding to such agencies; and to monitor and evaluate the programs of such agencies. (4) ($)To make an annual report to the city council, concurrent with the budget presentation of the department of human services, concerning the administration of the public welfare program. (5)(6) To submit to the city council, from time to time, other reports that the board deems appropriate. Pursuant to Chapter 12 of the Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'I-rEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 109 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7'h day of September, 2004. No. 36841-090704. AN ORDINANCE to appropriate funding for equipment from the Capital Maintenance and Equipment Replacement Program (CMERP), amending and reordaining certain sections of the 2004-2005 General and School Funds 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 2004-2005 General and School Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to School Funds - CMERP Fund Balance Reserved for CMERP- School School Fund Appropriations Books and Subscriptions Replacement-Data Processing Equipment Additional - Machinery and Equipment Additional - Furniture and Fixtures Additional - Other Capital Outlays Replacement- Other Capital Outlays Revenues Transfer from General Fund-CMERP Fund Balance Reserved for CMERP - Schools 001-250-9310-9532 001-3324 030-065-6006-6100-0613 030-065-6006-6302-0806 030-065-6006-6315-0821 030-065-6006-6681-0822 030-065-6006-6896-0829 030-065-6006-6896-0809 030-060-6000-1356 O30-3324 $ 435,460.00 (435,460.00) 612,125.00 1,687.00 168,423.00 1,042.00 31,235.00 325,302.00 435,460.00 (704,354.00) 110 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'h day of September, 2004. No. 36842-090704. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Business Session of the Virginia Municipal League to be held during the League's 2004 Annual Conference scheduled for October 3 - 5, 2004, in Alexandria, Virginia, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, The Honorable M. Rupert Cutler, Council Member, is hereby designated Voting Delegate, and The Honorable Sherman P. Lea, Council Member, is hereby designated Alternate Voting Delegate. 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 2004 Annual Conference, Darlene L. Burcham, City Manager, shall be designated Staff Assistant. 3. Mary F. Parker, City Clerk, is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate, Alternate Voting Delegate and Staff Assistant and to forward such forms to the League. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor 111 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7t~ day of September, 2004. No. 36843-090704. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the National League of Cities Conference to be held on Saturday, December 4, 2004, in Indianapolis, Indiana, and any Business Meetings in connection with such Conference, The Honorable Sherman P. Lea, Council Member, is hereby designated Voting Delegate, and The Honorable Brian J. Wishneff, Council Member, is hereby designated Alternate Voting Delegate on behalf of the City of Roanoke, Virginia. 2. Mary F. Parker, City Clerk, is directed to take any action required by the National League of Cities with respect to certification of the City's official Voting Delegate and Alternate Voting Delegate. Mary F. Parger City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2004. No. 36844-092004. A RESOLUTION paying tribute to the Patrick Henry High School Boys Tennis Team as the undefeated Western Valley District Champions for 2004. WHEREAS, the Patrick Henry High School Boys Tennis Team for 2004 is comprised of Robert "Bo" Edwards, Chris Hincker, Joseph Salamoun, Ryan Luckay, Alex Hincker, Tyler Early, Sandy Huff, Brock Newton, Tom Raney and Giles Roberts; WHEREAS, this year the team defended the Northwest Regional Title; WHEREAS, the team also won the first tennis team state title in school history, with an overall record of 20-1; 112 WHEREAS, during the 2004 boys tennis season, several of the team's members have won district and regional competitions, including the following: Brock Newton defended his Northwest Regional single's title; Brock Newton and Tyler Early were four-time district and regional doubles champions; Brock Newton and Tyler Early won the state doubles title; Bo Edwards and Chris Hincker reached state quarterfinals in doubles; and Tyler Early reach state quarterfinals in singles; WHEREAS, under the leadership of Assistant Coach Chris Newton and Head Coach Joel Higham, the team has been named the undefeated Western Valley District Champions for 2004, never losing a match point. THEREFORE, BE IT RESOLVED by Council of the City of Roanoke that: 1. Council adopts this resolution proclaiming September 20 as Patrick Henry High School 8oys Tennis Team Day, recognizing and commending the team as the undefeated Western Valley District Champions for 2004. 2. The City Clerk is directed to forward an attested copy of this resolution to the team's head coach, Joel Higham. ATTEST: Ma/~ F. p'~arker APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of September, 2004. No. 36845-092004. AN ORDINANCE to appropriate funds for the Runaway and Homeless Youth Act Program, amending and reordaining certain sections of the 2004- 2005 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of sections of the 2004-2005 Grant Fund hereby, amended and reordained to read the City of Roanoke that the following Appropriations be, and the same are and provide as follows: Appropriations Regular Employee Salaries Temporary Employee Wages ICMA RC Retirement ICMA Match 035-630-5140-1002 035-630-5140-1004 035-630-5140-1115 035-630-5140-1116 57,024.00 5,721.00 5,249.00 1,300.00 113 FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Fees for Professional Services Telephone - Cellular Administrative Supplies Dues and Memberships Training and Development Local Mileage Program Activities Revenues Runaway & Homeless 9/04-9/05 035-630-5140-1120 035-630-5140-1125 035-630-5140-1126 035-630-5140-1130 035-630-5140-1131 035-630-5140-2010 035-630-5140-2021 035-630-5140-2030 035-630-5140-2042 035-630-5140-2044 035-630-5140-2046 035-630-5140-2066 035-630-5140-5240 4,900.00 5,496.00 404.00 571.00 163.00 1,125.00 1,200.00 4,850.00 700.00 6,575.00 2,340.00 29,057.00 126,675.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'" day of September, 2004. No. 36846-092004. A RESOLUTION authorizing the acceptance of a grant from the United States Department of Health and Human Services to be used for salary and fringe benefits of counselors and related activities in the Sanctuary Outreach Program; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the United States Department of Health and Human Services' Runaway and Homeless Youth Program Grant (No. 03CY0433/3), in the amount of $126,675.00 to be used for salary and fringe benefits of counselors and related activities in the Sanctuary Outreach Program, and as more particularly set forth in the September 20, 2004, letter of the City Manager to this Council. 114 2. The City Manager ks hereby authorized to execute any and all requisite documents, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20'h day of September, 2004. No. 36847-092004. AN ORDINANCE to appropriate funding for the Temporary Assistance For the Needy Families Hard-To-Serve Grant, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees For Professional Services Revenues TANF - Hard To Serve FY05 035-630-8854-2010 035-630-8854-8854 $76,4O0.0O 76,400.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 115 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of September, 2004. No. 36848-092004. A RESOLUTION authorizing acceptance of a grant award under the Temporary Assistance for Needy Families (TANF) Hard-to-Serve Project from the Virginia Department of Social Services, for the purpose of providing job search, job coaching and job retention services for eligible TANF recipients who must obtain employment, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant award under the Temporary Assistance for Needy Families (TANF) Hard-to-Serve Project from the Virginia Department of Social Services, for the purpose of providing job search, job coaching and job retention services for hard-to-serve TANF recipients, in the amount of $76,400.00, as set forth in the City Manager's letter to Council dated September 20, 2004, is hereby ACCEPTED. 2. The City Manager is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these funds and to furnish such additional information as may be required in connection with the City's acceptance of these grant funds. All documents shall be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20'h day of September, 2004. No. 36849-092004. AN ORDINANCE to appropriate funding for the Temporary Assistance For Needy Families Grant for job retention and wage advancement, amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 116 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees For Professional Services Revenues TANF - MedVlEW FY05 035-630-8855-2010 035-630-8855-8855 $68,057.00 68,057.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of September, 2004. No. 36850-092004. A RESOLUTION authorizing acceptance of a grant award from the Federal Temporary Assistance for Needy Families (TANF) funding allocated by the Virginia Department of Social Services in the amount of $68,057.00 for the purpose of providing job retention and wage advancement of TANF recipients or for former TANF recipients in the period of ineligibility, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant award under the Federal Temporary Assistance for Needy Families (TANF) funding allocated by the Virginia Department of Social Services in the amount of $68,057.00 for the purpose of providing job retention and wage advancement of TANF recipients or for former TANF recipients in the period of ineligibility, as set forth in the City Manager's letter to Council dated September 20, 2004, is hereby ACCEPTED. 117 2. The City Manager is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these funds and to furnish such additional information as may be required in connection with the City's acceptance of these grant funds. All documents shall be approved by the City Attorney. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20'h day of September, 2004. No. 36851-092004. AN ORDINANCE to appropriate funding for the Staying Connected Grant, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Other Equipment Revenues Staying Connected (Gates Foundation) 035-650-9752-9015 035-650-9752-9755 $13,850.00 13,850.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 118 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2004. No. 36852-092004. A RESOLUTION authorizing the acceptance of the Staying Connected Grant from the Bill and Melinda Gates Foundation in the amount of $13,850 to purchase ten new public computer work stations for the Roanoke Public Library System; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Staying Connected Grant from the Bill and Melinda Gates Foundation in the amount of $13,850 to purchase ten new public computer work stations for the Roanoke Public Library System, as more particularly set forth in the September 20, 2004, letter of the City Manager to this Council. 2. The City Manager is hereby authorized to execute any and all requisite documents, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of September, 2004. No. 36853-092004. AN ORDINANCE authorizing the City Manager to execute an amendment to the Lease Agreement dated June 5, 2001, between the City of Roanoke and the Commonwealth of Virginia, by the Department of Health ("VDH"), to extend the term of the current lease agreement by one year, with an expiration date of June 30, 2005, for office space located at 515 and 530 8'h Street for the VDH, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 119 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, an amendment to the Lease Agreement dated June 5, 2001, between the City of Roanoke and the Commonwealth of Virginia, by the VDH, to extend the term of the current lease agreement by one year, with an expiration date of June 30, 2005, for office space located at 515 and 530 8th Street for the VDH, at a lease fee of $38,950.00 per quarter, as more particularly set forth in the City Manager's letter dated September 20, 2004, to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20'h day of September, 2004. No. 36854-092004. AN ORDINANCE amending §30-1, Violations of chapter, of Article I, In General, amending Article III, Street Excavations; and amending §30-88, Security, of Division 2, Construction of Sidewalks by Property Owners, of Article IV, Construction of Sidewalks, Curbs and Sidewalk Crossings, of Chapter 30, Streets and sidewalks, Code of the City of Roanoke (1979), as amended, by amending, adding or repealing certain sections of Chapter 30 in order to promulgate standards for right-of-way excavation and restoration; authorizing the City Manager to promulgate such standards and any modifications thereto, and take such other action as required to implement such standards; permitting the use of a letter of credit as an additional form of security; providing for an effective date; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 30-1, Violations of chapter, Article I, In General, of Chapter 30, Streets and Sidewalks, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §30-1. Violations of chapter. Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class -~ 3 misdemeanor. 120 2. Article Ill, Street Excavations, of Chapter 30, Streets and Sidewalks, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: ARTICLE III. STREET EXCAVATIONS DIVISION 1. GENERALLY - . va,,,~a~* .,,u ...,,,,,,~. area protection. It shall be the responsibility of each person obtaining a permit under this article to erect and maintain, at and around the excavation, barricades and warnings in accordance with tt~ ~ such standards as may be promulgated by the city manager and any appficab/e Virginia Department of Transportation regulations. §30-46. Work to be diliqently prosecuted; leavinq excavation uncovered at niqht. All work pursuant to a permit ~ issued pursuant this article shall be prosecuted with diligence and it shall be the responsibility of the permit holder to avoid unnecessary delays in completion of the work. Unless in case of absolute necessity, no excavation shall be left uncovered during the nighttime. §30-48. Restoration of street, a//eY, or l~ub/ic waywhen work completed. When excavations pursuant to a permit issued under this article have been completed, the person doing such work or being responsible therefore shall immediately cause the street, alley or ......... u: .... in accordance public way to be restored to with such standards as may be promulgated by the city rnanager. The work of, or connected with, restoring of the surface or pavement of the street, alley or public way, after such opening and the backfilling have been made, shall be done under the supervision and control of the city manager. Such restoration shall include all work necessary to restore the street, alley or public way ......... in accordance with the above referenced standards. §30-49. Standards, rules, and/or requ/ations for the issuance of permits and the restoration of the streets, alleys or pubfic ways. 121 The city manager is author/zed to promulgate and implement standards, rules, and/or regulations, including modifications thereto, for the issuance of permits for excavations or work in the streets, alleys, or public ways and for the restoration of the streets, alleys, and public ways. DIVISION 2. PERMIT §30-60. Required; exceptions. ,-^,-~,, as ,,u,~,~ ,,~,~,,,, ,, It shall be unlawful for any person to make any excavation or opening in the surface or pavement of any street, alley or public way of the city, unless a permit so to do has been obtained from the city manager. Provided, however, This this section shall not apply to say uu,y c~uu,u, ,~--~u ~-,,y laT, =,-,,,,,m. routine maintenance and repair of street surfaces or manho/e adjustments performed by or on beha/f of the city. (b) In an emergency, when the necessities of the public require, an excavation or opening may be made without a permit; provided, however, that in such cases a permit shall be obtained as soon as possible after such excavation or opening has been made. §30-61. Application procedures. Any person desiring a permit required by this article shall file, with the city manager, on a form provided therefore, an ppli h ""-:-'- ---' ........ '--" ...... '-~ a cation for suc permit~, ,,,,,,.,, ,~,,,,.,,,,,,, ,,,,~,, o,,,,~ ~,,~ Gam~ LIIqC~ ~ACI.~.L al~.~C~I I~;~II~JLII CI. III~I II~'I"~'CI. LI~/II U.ll LIlT sa,'~, contents such appfication form shah be in accordance with such standards as may be promu/gated by the city manager. The city manager shall prepare and keep on hand ~ such forms for the application provided for in this section. §30-62. Fee. Al~rns-pectio~ A permit fee or charge, in such amount as is prescribed by the city council, shall be charged and collected for each permit issued under this ,~,,,,,un article, unless otherwise provided for by law. Such fees shall be paid (a) in full prior to the issuance of the permit, or (b) pursuant to the deferred payment program set forth in section 2-178.2 of this Code. The city, any public utility company, or its any other entity, or their contractor, conducting work requiring a permit in connection with a city or Virginia Department of Transportation project shall be exempt from such fee. 122 §30-63. Applicant's insurance and bor~ performance security. No permit shall be granted under this ~ article unless the applicant shall have furnished to the city manager evidence of ptrbtie liability insurance v.,L,, ,,,,,,Lo ,~, ,,,~. ,~.. ,,,,~,, ,~,,~ ,,u,,,~,~,~ ~ti~ated of ..... :-- any ;pen;n~ in ~,,y ...==~, ..,=y ~, .~,,~ ..~y. and a performance security as may be required by such standards as may be promulgated by the city manager. §30-64. Issuance or denial. raj'-' The city manager shall ~ssu~ a parm;t to ,,,a~,~ ,,,~ Op~i'ii~ u~:.~.ilu~:u ,,, ~,,~ ~lJl~,,,.~u,.~,, ,,,~;~ u,,~, t,,,~ u,v,~,~',,, ViO', - -- : U,,,~ ti,~- Op~i~ii~ vv,..,u,',.* uT ii~ atiO~ u, c~ ~,~y' u,u,,,~,,~, op:,nlon of-L.- -: .......... Op6~;;~, - I'-'~'"'"' "'~Y '"~ ,.:,:,.~:u ~.,v',::,,,,,-,_.j .~,..--.,, ~,,~:.~ '-" uV~:,'"'~ . approve, conditionally approve, or deny the application. The process and time period for such approval or denial of an application shaft be in accordance with such standards as may be promulgated by the city manager. 3. Section 30-65, Multiple street oDenin~ permit, of Article III, Street Excavations, of Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 123 4. Section 30-88, Security, of Division 2, Construction of Sidewalks by Property Owners, of Article IV, Construction of Sidewalks, Curbs and Sidewalk Crossings, of Chapter 30, Streets and sidewalks, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §30-88. Security. No improvement authorized by this division shall be constructed by any person, unless such person shall have filed security ~ of one thousand dollars ($1,000.00) with the city c/er/g conditioned upon the faithful performance of the work and the use of proper workmanship and materials. The security may be by a /etter of credit, a certified or cashiers check, or a surety bond in a form approved by the city attorney, with some a guaranty surety company authorized to do business in this state, as surety. 5. The City Manager is authorized to take such action as may be necessary to implement and administer such standards, rules and/or regulations. 2004. This ordinance shall be in full force and effect on December 1, 7. Pursuant to the provisions of §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 124 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2004. No. 36855-092004. A RESOLUTION amending the City's Fee Compendium to provide revised fees for Right of Way Excavation Permits, formerly Street Opening Permits; increasing the fee from $36.00 to $50.00 in order to promote uniformity of the City's fees with other comparable jurisdictions; and providing for an effective date of December 1, 2004. BE IT RESOLVED by the Council of the City of Roanoke that: services: The following fees shall be charged for the following permits and Fee charged for permits in accordance with the Right of Way Excavation and Restoration Standards, effective December 1, 2004: EXCAVATION PERMIT FEES: Permit Fee (30 days) $ 50.00 Permit Fee (60 days) $100.00 IF ANY EXCAVATION IS STARTED WITHOUT A REQUIRED PERMIT, IN ORDER FOR THE PERSON TO BE ALLOWED TO CONTINUE WITH SUCH EXCAVATION, THE PERSON MUST OBTAIN A PERMIT, AND THE COST OF SUCH PERMIT FEE SHALL BE TWICE THE APPLICABLE AMOUN I SET FORTH ABOVE (I.E., 30 DAY PERMIT FEE - $100.00, 60 DAY PERMIT FEE - $200.00) 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new and amended fees. 3. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 4. The fees established by this Resolution shall remain in effect until amended by this Council. 2004. o 125 This Resolution shall be in full force and effect on December 1, APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20'h Day of September, 2004. No. 36856-092004. A RESOLUTION renaming the Roanoke Civic Center Auditorium as the Roanoke Performing Arts Theatre. WHEREAS, the Civic Center opened in 1971 as a multi-function venue that included the Coliseum, Exhibit Hall, Parlors and Auditorium; however, the quality and types of events have changed the image of public assembly facilities, and the Civic Center Commission has consequently approved the proposed renaming of the Auditorium. THEREFORE, BE iT RESOLVED by the Council of the City of Roanoke that the Roanoke Civic Center Auditorium is hereby renamed the Roanoke Performing Arts Theatre. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th Day of September, 2004. No. 36857-092004. A RESOLUTION designating and renaming the First Street Bridge as the Dr. Martin Luther King, Jr., Memorial Bridge. 126 WHEREAS, the Council of the City of Roanoke desires to rename the First Street Bridge as the Dr. Martin Luther King, Jr., Memorial Bridge, in order that the bridge can serve as a history walk to highlight the life of Dr. King and his role in the Civil Rights movement, can serve as a teaching tool for the community in general, and it can serve as a symbol to bridge the community. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That certain bridge known as First Street Bridge is hereby designated and renamed the Dr. Martin Luther King, Jr., Memorial Bridge, contingent upon receiving the required approval from the Martin Luther King, Jr., Center for Nonviolent Social Change, for such use of Dr. King's name. 2. Once the Martin Luther King, Jr., Center for Nonviolent Social Change approves the name change, the City Engineer is directed to cause the above bridge name to be noted appropriately on all maps and plats lodged in his care and the City Manager is hereby authorized to cause the placement of appropriate name signs on the bridge. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'hday of September, 2004. No. 36858-092004. AN ORDINANCE amending and reordaining §14.1-1, Definitions, of Article I, In General, by adding the definition of roll-off container, and amending and reordaining Division 2, Private Collection of Bulk Containers, of Article II, Collection by an Authorized Person, by the addition of new section 14.1-46, Removal and emptvin(I of bulk containers and roll-off containers, of Chapter 14.1, Solid Waste Manaqement, Code of the City of Roanoke (1979), as amended, by specifying the time roll-off containers may be removed and solid waste may be emptied from bulk containers; and dispensing with the second reading by title of this ordinance. 127 BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 14.1-1, Definitions, of Article I, in General, of Chapter 14.1, Solid Waste Manaqement, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: Sec. 14.1-1. Definitions. The fo//owing words and phrases, as used in this chapter, shall have the fo//owing meanings: Roil-off container shall mean a container which is constructed so that it may be mechanica//y rifted onto a motor vehic/e for transportation and disposa/ of the container's contents. 2. Division 2, Private Collection of Bulk Containers, of Article II, Collection by an Authorized Person, of Chapter 14.1, Solid Waste Manaqement, of the Code of the City of Roanoke (1979) as amended, is amended, to read and provide as follows: 5¢14.1-46. Remova/ and empty/nq of bulk containers and to/i-off containers. No bu/k container or to/i-off container may be emptied or removed between the hours of midnight and 6:00 a.m. on any day. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ Mary F. Parker C. Nelson Harris City Clerk Mayor 128 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'hday of September, 2004. No. 36859-092004. A RESOLUTION accepting the donation of a work of sculpture to be known as the Unity Sculpture, upon certain terms and conditions, approving the location for the Unity sculpture in EImwood Park and authorizing the City Manager's execution of an agreement with JDR ART, Inc., in connection with fabrication and installation of the sculpture. WHEREAS, JDR ART, Inc., has offered to donate to the City a work of sculpture by artist Judith Damon to be called the "Unity" sculpture, and to install it on City property at no cost to the City; and City Council wishes to accept this donation, upon certain terms and conditions; and WHEREAS, the Site Selection Committee of the Arts Commission was charged with the task of finding a suitable location for the Unity Sculpture and the Chair of the Arts Commission presented the proposed location to the City Council at its meeting on May 3, 2004. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: City Council hereby accepts the donation of the Unity sculpture, upon certain terms and conditions, approves the proposed location of the same, and the City Manager and the City Clerk are hereby authorized to execute and attest, respectively, an agreement with JDR ART, Inc., relating to the fabrication, installation, and any site preparation required for the Unity sculpture proposed to be located in Elmwood Park, all as more particularly described in the City Manager's letter to this Council dated September 20, 2004. The form of the agreement shall be substantially as set forth in the attachments to the City Manager's letter, and shall be approved as to form by the City Attorney. APPROVED A'I-rEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 129 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of September, 2004. No. 36860-092004. A RESOLUTION reappointing a Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on the Board of Directors. WHEREAS, the Council is advised that the term of office of Charles E. Hunter, III, a Director of the Industrial Development Authority of the City of Roanoke, Virginia, will expire on October 20, 2004; WHEREAS, §15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years, except appointments to fill vacancies which shall be for the unexpired terms; and THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Charles E. Hunter, III, is hereby reappointed as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four (4) years commencing on October 21, 2004, and expiring on October 20, 2008, to fill a vacancy created by the expiration of his term of office occurring on October 20, 2004. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of September, 2004. No. 36861-092004. A RESOLUTION changing the time of commencement of the regular meeting of City Council scheduled to be held at 9:00 a.m., on Thursday, October 7, 2004. BE IT RESOLVED by the Council of the City of Roanoke that: 130 1. The time of commencement of the meeting of City Council scheduled to be held at 9:00 a.m., on Thursday, October 7, 2004, in Room 159 of the Noel C. Taylor Municipal Building, at 215 Church Avenue, S. W., in the City of Roanoke, is hereby changed to commence at 12:00 Noon on that date. 2. Resolution No. 36762-070604, adopted July 6, 2004, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to October 7, 2004. ATTEST: Mary F. Pa City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of September, 2004. No. 36862-092004. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 115, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, The Branch Family, LLC has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on September 20, 2004, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and 131 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 115 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: That certain property located at 2203 Franklin Road, S.W., Official Tax No. 1150104, and two additional parcels on Franklin Road, identified as Official Tax Nos. 1150102 and 1150112, and designated on Sheet No. 115 of the Sectional 1976 Zone Map, City of Roanoke, be, and are hereby rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on July 28, 2004, and that Sheet No. 115 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of September, 2004. No. 36863-092004. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, Joe Macione and Annette Macione have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; 132 WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on September 20, 2004, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 127 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: That property located at 677 Brandon Avenue, S.W., Official Tax No. 1270801, and designated on Sheet No. 127 of the Sectional 1976 Zone Map, City of Roanoke, be, and is hereby rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on July 27, 2004, and that Sheet No. 127 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 133 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of September, 2004. No. 36864-092004. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 411, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, Paul and Sharon Crawford have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to RM-1, Residential Multifamily, Low Density District, subject to certain conditions proffered by the applicant; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on September 20, 2004, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 411 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: 134 Those certain tracts of land lying on Church Avenue, S.E., between 11'h and 12th Street, S.E., and designated as Official Tax Nos. 4111409 through 4111417, inclusive, and designated on Sheet No. 411 of the Sectional 1976 Zone Map, City of Roanoke, be, and are hereby rezoned from I_M, I,ight Manufacturing District, to RM-1, Residential Multifamily, Low Density District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on September 2, 2004, and that Sheet No. 411 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of September, 2004. No. 36865-092004. AN ORDINANCE authorizing the vacation of an ingress/egress easement and the vacation of certain water and sanitary sewer easements across Tax Map No. 4060301, located at 1906 Belleview Avenue, S.E., in exchange for new water and sanitary sewer easements which will be dedicated to the Western Virginia Water Authority, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, appropriate documentation providing for the vacation of certain ingress/egress, water and sanitary sewer easements across Tax Map No. 4060301, located at 1906 Belleview Avenue, S.E., as more particularly described in the City Manager's letter to this Council dated September 20, 2004. 2. Vacation of the aforementioned easements is made expressly contingent on the property owner dedicating the new easements to the Western Virginia Water Authority. 135 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20'h day of September, 2004. No. 36866-092004. AN ORDINANCE to appropriate funding from the Capital Maintenance and Equipment Replacement Program (CMERP) and to make other funding appropriations and transfers, amending and reordaining certain sections of the 2004-2005 General, Civic Facilities, Capital Projects, Fleet Management and Risk Management Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2004-2005 General, Civic Facilities, Capital Projects, Fleet Management and Risk Management Funds Appropriations be, and the same are hereby, amended as follows: General Fund Appropriations Center in the Square Jefferson Center Mill Mountain Theater Homeland Defense Project Lifesaver Sporting Events Special Projects CMERP - Equipment Purchases CMERP - Equipment Purchases CMERP - Equipment Purchases Transfer to Capital Projects Fund Transfer to Fleet Management Fund Transfer to Risk Management Fund 001-300-7220-3706 001-300-7220-3893 001-300-7220-3749 001-640-3114-2164 001-640-3114-2169 001-640-3114-2081 001-620-8170-2034 001-530-4160-9132 001-640-3113-9132 001-520-3213-9132 001-250-9310-9508 001-250-9310-9517 001-250-9310-9529 $ 80,000.00 40,500.00 50,000.00 391.00 8,132.00 1,157.00 100,000.00 28,500.00 16,560.00 32,000.00 1,330,000.00 100,000.00 250,000.00 136 Fund Balance Reserved for CMERP - City Reserved for Self-Insured Claims Revenues Recordation Tax Alcoholic Beverage Control Tax Wine Tax Commonwealth's Attorney Sheriff Commissioner of the Revenue Treasurer Street Maintenance City Jail Block Grant Law Enforcement (HB 599) Civic Facilities Fund Appropriations Appropriated from General Revenue Retained Earnings Retained Earnings Available for Appropriation Capital Proiects Fund Appropriations CMERP - Equipment Purchases CMERP - Equipment Purchases CMERP - CMERP - CMERP - CMERP - Equipment Purchases Equipment Purchases Equipment Purchases Equipment Purchases CMERP - Equipment Purchases Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Revenues Transfer from General Fund Fund Balance Residual Equity Transfer 001-3323 001-3327 001-110-1234-0600 001-110-1234-0601 001-110-1234-0602 001-110-1234-0610 001-110-1234-0611 001-110-1234-0612 001-110-1234-0613 001-110-1234-0650 001-110-1234-0651 001-110-1234-0650 005-550-8624-9003 005-3348 008-310-9737-9132 008-310-9799-9132 008-440-9854-9132 008-530-9781-9132 008-530-9782-9132 008-620-9758-9132 008-620-9759-9132 008-530-9678-9003 008-530-9567-9003 008-530-9821-9003 008-530-9798-9003 008-530-9736-9003 008-110-1234-1037 008-3337 (1,351,240.00) 250,000.00) 30,000.00) 41,000.00) 6,000.00) 21,000.00 150,000.00 6,000.00 6,000.00 113,000.00 287,000.00 70,000.00) 187,000.00 (187,000.00) 80,000.00 100,000.00 814,000.00 100,000.00 100,000.00 121,000.00 15,000.00 95,022.00 ( 95,022.00) 1,100,000.00 145,000.00 ( 145,000.00) 1,330,000.00 (1,100,000.00) 137 Fleet Management Fund Appropriations CMERP - Equipment Purchases Revenues Transfer from General Fund 017-440-2642-9132 017-110-1234-1037 100,000.00 100,000.00 Risk Manaqement Fund Revenues Transfer from General Fund Retained Earnings Reserve for Self-Insured Claims 019-110-1234-1037 019-3327 250,000.00 250,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 7'h day of October, 2004. No. 36867-100704. A RESOLUTION authorizing the appropriate City officials to execute the subgrant Agreement with the Blue Ridge Housing Development Corporation to conduct 2004-2005 housing activities using Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program funds in the amount of $513,147.00, upon certain terms and conditions. WHEREAS, by Resolution No. 36695-051304, adopted May 13, 2004, City Council approved the City's 2004-2005 Annual Update to the Consolidated Plan for submission to the United States Department of Housing and Urban Development ("HUD"); WHEREAS, by Resolution 36720-062104, adopted June 21, 2004, City Council accepted the 2004-2005 CDBG and HOME funds, pending approval from HUD; WHEREAS, the grant agreements with HUD have been signed; and 138 WHEREAS, in order for BRHDC to conduct 2004-2005 housing activities approved in the Consolidated Plan, City Council action is needed. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or Assistant City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, the subgrant Agreement with the Blue Ridge Housing Development Corporation to conduct 2004-2005 housing activities using Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program funds in the amount of $513,147.00, approved as to form by the City Attorney, as is more particularly set forth in the City Manager's letter dated October 7, 2004, to this Council. APPROVED Mary F. Parker Beverly T. Fitzpatrick, Jr. City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7'h day of October, 2004. No. 36868-100704. AN ORDINANCE to appropriate funding for the Eligibility Worker position, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement ICMA Match FICA Health Insurance Dental Insurance Disability Insurance 035-630-5181-1102 035-630-5181-1105 035-630-5181-1115 035-630-5181-1120 035-630-5181-1125 035-630-5181-1126 035-630-5181-1131 $ 28,874.00 2,823.00 650.00 2,104.00 3,300.00 221.00 78.00 Eligibility Worker FY05 - State Eligibility Worker FY05 - Federal 035-630-5181-5183 035-630-5181-5184 139 19,025.00 19,025.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'h day of October, 2004. No. 36869-100704. A RESOLUTION authorizing the City Manager to continue the services of the Eligibility Worker stationed at the Health Department in accordance with the original Agreement between the Roanoke City Department of Social Services, the State Health Department and the Virginia Department of Social Services, upon certain terms and conditions. WHEREAS, Roanoke City Department of Social Services, the State Health Department, and the Virginia Department of Social Services entered into an agreement in 1994 to establish an Eligibility Worker position through the Department of Social Services to be placed at the Roanoke City Health Department to ensure that all citizens have an opportunity to apply for Medicaid; WHEREAS, the services of the Eligibility Worker are beneficial to both citizens and the Health Department in that it allows citizens requesting services from the Health Department to apply for Medicaid at the same time, thereby making the application process more accessible and efficient, while enabling the Health Department to maximize Medicaid revenue; and WHEREAS, this program is also beneficial to the Department of Social Services in that it is provided an eligibility worker at no cost for salary and benefits. 140 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to continue the services of the Eligibility Worker stationed at the Health Department in accordance with the original agreement between Roanoke City Department of Social Services, the State Health Department, and the Virginia Department of Social Services, upon such terms and conditions as more fully set forth in the City Manager's letter dated October 7, 2004, to this Council. APPROVED ATTEST: Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7'h day of October, 2004. No. 36870-100704. AN ORDINANCE to appropriate funding for the Driver/Occupant Awareness Grant, the Flare Flasher DUI Checkpoint Trailer Grant and the Enhanced Speed Enforcement Grant, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Salaries FICA Expendable Equipment (<$5,000.00) Expendable Equipment (<$5,000.00) Revenues Driver/Occupant Awareness Grant FY05 Flare Flasher DUI Checkpoint Trailer Grant FY05 Enhanced Speed Enforcement Grant FY05 035-640-3430-1003 $ 9,289.00 035-640-3430-1120 711.00 035-640-3431-2035 5,000.00 035-640-3432-2035 5,000.00 035-640-3430-3430 035-640-3431-3431 035-640-3432-3432 10,000.00 5,000.00 5,000.00 141 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7'h day of October, 2004. No. 36871-100704. A RESOLUTION accepting the Driver/Occupant Awareness grant offer made to the City by the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation approved as to form by the City Attorney. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Driver/Occupant Awareness grant offered by the Virginia Department of Motor Vehicles in the amount of $20,000.00, such grant being more particularly described in the letter of the City Manager dated October 7, 2004, upon all terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk, are hereby authorized to execute, and attest, respectively, the grant agreement and all necessary documents required to accept this grant, 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 may be required by the Virginia Department of Motor Vehicles in connection with the City's acceptance of this grant. ATTEST: Mary F. Parker City Clerk APPROVED Beverly T. Fitzpatrick, Jr. Vice-Mayor 142 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'h day of October, 2004. No. 36872-100704. A RESOLUTION confirming the declaration of a local flooding emergency; conferring emergency powers in the City Manager as Director of Emergency Management; authorizing the City Manager to make application for Federal and State public assistance to deal with such emergency; designating a fiscal agent and an agent for submission of financial information for the City; and calling upon the Federal and State governments for assistance. WHEREAS, the Council of the City of Roanoke finds that the City has sustained a disaster because of flooding which began September 28, 2004, and which resulted in substantial property damage and significant costs to the City in dealing with the effects of this disaster; WHEREAS, pursuant to the provisions of §44-146.21, Code of Virginia, on September 28, 2004, the City Manager declared a local emergency commencing on September 28, 2004, which Council must confirm at its next regularly scheduled meeting, or at a special meeting within fourteen days of such declaration; and WHEREAS, a condition of extreme peril to life and property existed which necessitated the declaration of the existence of an emergency. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council confirms that an emergency existed throughout the City commencing September 28, 2004. 2. The Council hereby ratifies and confirms that, during the period of the emergency confirmed by this resolution, the City Manager, as Director of Emergency Management, possessed and held those powers, functions and duties prescribed by the Code of Virginia (1950), as amended, the City of Roanoke Charter of 1952, the Code of the City of Roanoke (1979), as amended, and the Emergency Operations Plan approved by this Council, in order to further the public health, safety and welfare, address the needs of the people of the City of Roanoke, and mitigate the effects of such emergency. 3. The City Manager is hereby authorized for and on behalf of the City to execute applications for Federal and State public assistance as is necessary and property to meet this emergency and to provide to Federal and State agencies for all matters relating to Federal and State disaster assistance the assurances and agreements required by the Federal Emergency Management Agency and other agencies of the State and Federal government. 143 4. Jesse A. Hall, the City's Director of Finance, is hereby designated as the City's fiscal agent to receive, deposit and account for Federal and State funds made available to the City to meet the emergency declared by this resolution, and is hereby designated as the City agent for executing and submitting appropriate documentation and information regarding Federal and State reimbursement for this emergency. 5. The Council calls upon the Federal and State governments to take steps to afford to the City of Roanoke and to the persons and business concerns and other organizations and agencies suffering injury and damage from this disaster such public aid and assistance as is necessary and proper to meet this emergency. 6. The City Clerk is directed to forward an attested copy of this resolution to the State Coordinator of Emergency Management. APPROVED ATTEST: Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of October, 2004. No. 36873-100704. A RESOLUTION authorizing the issuance of not to exceed $1,300,000.00 General Obligation School Bonds of the City of Roanoke, Virginia, Series 2004-A, to be sold to the Virginia Public School Authority and providing for the form and details thereof. WHEREAS, on June 25, 2003, the Commonwealth of Virginia Board of Education (the "Board of Education") placed the application (the "Application") of the School Board of the City of Roanoke, Virginia (the "School Board"), for a loan of $1,300,000.00 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the City of Roanoke, Virginia (the "City"), on the First Priority Waiting List; 144 WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the "Commitment") within one (1) year of placement of the Application on the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of the Application and the approval, by the Board of Education, of the Application as having met all conditions for a loan from the Literary Fund; WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the "Temporary Notes") for the amounts so advanced; WHEREAS, after the completion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligation of the School Board to repay the Literary Fund Loan; WHEREAS, the Literary Fund Obligation was to have borne interest at three percent (3%) per annum and mature in annual installments for a period of twenty (20) years; WHEREAS, in connection with the 2004 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the City, and the Board of Education has offered to pay, to the City, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date on which the VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the City will bear upon sale to theVPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the City (the "Issuance Expense Allowance"); WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the "City"), has determined that it is necessary and expedient to borrow not to exceed $1,300,000.00 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the City held a public hearing, duly noticed, on September 7, 2004, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board has, by resolution, requested the Council to authorize the issuance of the Bonds (as hereinafter defined) and, consented to the issuance of the Bonds; 145 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $1,300,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes described in Exhibit B. The Council hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the City, and to sell to the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the Mayor and the City Manager. The Mayor, the City Manager, and such officer or officers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as of September 29, 2004 with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Council at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2004-A"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2005 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I to Exhibit A attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The City Manager is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed five and sixty one-hundredths percent (5.60 %) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The City Manager is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 146 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Pavine Aeent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at, or before 11:OO a.m. on the applicable Interest Payment Date or Principal Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:O0 a.m. on the business day next preceding such Interest Payment Date or Principal Payment Date. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) SunTrust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. No Redemption or Prepayment. The Principal Installments of the Bonds shall not be subject to redemption or prepayment. Furthermore, the Council covenants, on behalf of the City, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the registered owner of the Bonds. 8. Execution of the Bonds. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk of the City are authorized and directed to execute and deliver the Bonds and to affix the seal of the City thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. 147 10. Use of Proceeds Certificate and Certificate as to ArbitraGe. The Mayor of the City, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds except as provided below. The City covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the City shall comply with the other covenants and representations contained therein and (ii) the City shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The City hereby determines that it is in the best interests of the City to authorize and direct the City Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Council at this meeting, which form is hereby approved. 12. Continuinq Disclosure Aqreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix E to the Bond Sale Agreement, setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale Agreement should the City be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filinq of Resolution. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 148 14. Further Actions. The Mayor and members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on October 7, 2004, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. C. Nelson Harris, Mayor Beverly T. Fitzpatrick, Jr., Vice Mayor M. Rupert Cutler Alfred T. Dowe, Jr. Sherman P. Lea Brenda L. McDaniel Brian J. Wishneff Present Absent Aye Nay Abstain WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this ___ day of October, 2004. Clerk, City of Roanoke, Virginia [SEAL] 149 EXHIBIT A [Subsidy] (FORM OF TEMPORARY BOND) NO. TS-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OFROANOKE General Obligation School Bond Series 2004-A The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of ............. DOLLARS ($ .......... ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2005 and annually on July 15 thereafter to and including July 15, 2024 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi- annually on January 15 and July 15 of each year, commencing on July 15, 2005 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, SunTrust Bank, as bond registrar (the "Bond Registrar"), shall make all payments of principal, premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. 150 The full faith and credit of the City are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the City Council authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the City Council of the City and the School Board of the City to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for two or more temporary bonds or definitive bonds in fully registered form in denominations of $5,000 and whole multiples thereof, and; in any case, having an equal aggregate principal amount having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond are not subject to redemption or prepayment. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. 151 IN WITNESS WHEREOF, the City Council of the City of Roanoke has caused this Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice-Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated ............. 2004. CITY OF ROANOKE, VIRGINIA (SEAL) Al-rEST: Clerk, City of Roanoke, Virginia Mayor, City of Roanoke, Virginia 152 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: ................................ the within Bond and irrevocably constitutes and appoints .................................................. attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of. substitution in the premises. Date: Registered Owner Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) Pdn¢ilml Rate 59,092.00 2.100% 58,643.00 2.100~ 0.000~ 57,962.00 2.600~ O.(XX~ 57,513.00 2.60(~ 0.000~ 57,124.00 2.650~ 0.(X30% 58,870.00 3.1(X)~ 58,969.00 4.100~ - 0.000~ 57,363.0O 4.100~ - 0.000~ 57,773.OO 4.10094, 0.000% 58.201.00 4.1(X)~ 0.000~ 58,571.00 3.650~ 0.000% 59,612.00 3;950~ 0.000~ 69,642.00 4.100~ 0.000~ 59,836.00 4.100~ 0.000~ 60,396.00 4.250~ 0.00~ 61,041.00 4.300% 0.000~ 61,763.00 4.400*~ - -'0.00~ 62,576.00 4.500~ 63,498.00 4.600~ O.O(X~ 94,492.00 4.600~ 0.000~ Int~mlt 30,208.01 21,673.18 21,573.18 2o,95a.48 20,204.97 20,204.97 19,457.3o 15,457;3o 18,643.29 18,643.29 17,761.8o 17,761.8o 16,593.94 15,693.94 15,418.oo 15,418.oo 14,233.65 14,233.65 13,o4o.53 13,o4o.63 11,913.04 11,913.04 lO,749.53 lO,749.63 9,633.o2 9,633.02 8,3o6.38 8,306.38 7,022.97 7,o22.97 5,71o.59 5,71o.59 4,351.80 4,351 2,943.77 2,943.77 1,483.32 1,483.32 o.oo Total 2'i.573:18 80,116.18 78,g20.48 20,204.97 77,717.97 19,457.30 73,581.30 18,94~.29 75,513.29 · 17,761.80 74,730.80 16,593.94 16,416.00 73,191.00 14,233.66 13,040.63 71,611.63 11,913.04 70,62,%04 10,746.63 70,061.53 69,369.02 8,300.38 68,702.38 7,022.97 65,065.97 5,710.59 67,473.69 4,351.80 2,943.77 65,441.77 1,483.32 65,976.32 0.00 $ 1T187,840.00 $ $10r007.05 $1T667T647.05 154 EXHIBIT B The proceeds of the Bond will be used to finance certain capital improvements to the existing school building at Lincoln Terrace Elementary School, including replacement of the roof, skylights, exterior windows and doors and the heating system. Any Bond proceeds remaining upon completion of the capital improvements to Lincoln Terrace Elementary School will be spent on other capital projects for school purposes. APPROVED Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of October, 2004. No. 36874-101804. A RESOLUTION paying tribute to Mary F. Parker for 30 years of dedicated service to the Mayor and Members of City Council and its citizens as City Clerk of the City of Roanoke. WHEREAS, Mary F. Parker joined the City in 1965 as a Clerk Typist in the City Clerk's Office, and during the first decade, she was promoted to various positions; WHEREAS, on September 16, 1974, she was appointed as the City Clerk of the City of Roanoke to fill the unexpired term of Virginia L. Shaw, former City Clerk for a term ending September 30, 1974; WHEREAS, effective October 1, 1974, she was appointed as the City Clerk of the City of Roanoke, and has served as the City Clerk for three decades performing all duties of her office in a professional and competent manner; WHEREAS, Ms. Parker is a charter member of the Virginia Municipal Clerks Association, which was formed in 1977; and she is one of 97 active Municipal Clerks from Virginia who currently hold the designation of "Certified Municipal Clerk." 155 WHEREAS, Ms. Parker continues to strive to increase the efficiency of the Office of City Clerk by encouraging continued professional educational training and networking opportunities through the International Institute of Municipal Clerks and the Virginia Municipal Clerks Association. THEREFORE, BE IT RESOLVED by Council of the City of Roanoke that: 1. Council adopts this resolution proclaiming October 18, 2004 as Mary F. Parker Day, recognizing and commending her for thirty years of service as City Clerk of the City of Roanoke. 2. The Deputy City Clerk is directed to forward an attested copy of this resolution to the City Clerk, Mary F. Parker, the Virginia Municipal Clerks Association and the International Institute of Municipal Clerks. APPROVED ATTEST: Stephanie M. Moon Deputy City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18'h day of October, 2004. No. 36875-101804. AN ORDINANCE to appropriate funds for the Bulletproof Vest Partnership Grant, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Wearing Apparel Expendable Equipment (<$5,000.00) Revenues Bulletproof Vest Grant FY05 035-640-3416-2064 $ 27,978.00 035-640-3416-2035 9,900.00 035-640-3416-3616 37,878.00 156 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Par'~ker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October, 2004. No. 36876-101804. A RESOLUTION accepting the Bulletproof Vest Partnership Grant made to the City by the Department of Justice, Office of Justice Programs, and authorizing execution of any required documentation approved as to form by the City Attorney. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the multi-year Bulletproof Vest Partnership Grant offered by the Department of Justice, Office of Justice Programs in the amount of $37,878, for bulletproof vests to be purchased jointly by the Roanoke Police Department and the Roanoke Sheriff's Office during fiscal years 2004-05, 2005-06, 2006-07, 2007-08, such grant being more particularly described in the letter of the City Manager dated October 18, 2004, upon all terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk, are hereby authorized to execute, and attest, respectively, the grant agreement and all necessary documents required to accept this grant, all such documents to be approved as to form by the City Attorney. 157 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Justice, Office of Justice Programs in connection with the City's acceptance of this grant. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of October, 2004. No. 36877-101804. AN ORDINANCE authorizing the City Manager to execute an amendment to the Lease Agreement dated July 1, 1985, which term expires June 30, 2005, between the City of Roanoke and the Commonwealth of Virginia Department of General Services, to extend the term of the current lease agreement by one year, with an expiration date of June 30, 2006, for office space in the Commonwealth Building, located at 210 Church Avenue, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, an amendment to the Lease Agreement dated July 1, 1985, which term expires June 30, 2005, between the City of Roanoke and the Commonwealth of Virginia Department of General Services, to extend the term of the current lease agreement by one year, with an expiration date of June 30, 2006, for office space in the Commonwealth Building, located at 210 Church Avenue, at a base rent of $3.96 per square foot plus operating expenses, which are adjusted annually based on actual operating expenses, as more particularly set forth in the City Manager's letter dated October 18, 2004, to this Council. 158 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ Mary F. Parker C. Nelson City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of October, 2004. No. 36878-101804. A RESOLUTION authorizing the City Manager's issuance and execution of Amendment No. 3 to the City's Three Year Bridge Inspection contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services to include the inspection of the Church Avenue and Williamson Road parking garages. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute Amendment No. 3 to the City's Three Year Bridge Inspection contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services to include the inspection of the Church Avenue and Williamson Road parking garages, all as more fully set forth in the City Manager's letter to Council dated October 18, 2004. 2. The form of the Amendment shall be approved by the City Attorney. 3. Such Amendment No. 3 will provide authorization for additions to the work, with an increase in the amount of the contract of an additional $15,850.00, all as set forth in the above letter. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 159 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of October, 2004. No. 36879-101804. A RESOLUTION authorizing the City Manager's issuance and execution of Amendment No. 3 to the City's Three Year Bridge Inspection contract with Mattern & Craig, Inc., for additional engineering services to include the inspection of the Tower and Market Square parking garages. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute Amendment No. 3 to the City's Three Year Bridge Inspection contract with Mattern & Craig, Inc., for additional engineering services to include the inspection of the Tower and Market Square parking garages, all as more fully set forth in the City Manager's letter to Council dated October 18, 2004. 2. The form of the Amendment to shall be approved by the City Attorney. 3. Such Amendment No. 3 will provide authorization for additions to the work, with an increase in the amount of the contract of an additional $8,600.00, all as set forth in the above letter. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18'h day of October, 2004. No. 36880-101804. AN ORDINANCE to appropriate funding for various grants and donations, amending and reordaining certain sections of the 2004-2005 School Fund Appropriations and dispensing with the second reading by title of this ordinance. 160 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Compensation of Teachers Compensation of Supervisors Supplements Compensation of Teacher Aides Retirement-HIC-VRS Social Security Retirement-VRS Health Insurance Professional Health Services Parent Involvement Other Miscellaneous Payments Food Education and Recreational Supplies Additional - Machinery & Equipment Compensation of Teachers Supplements Compensation of Other Professional Compensation of Teacher Aides Compensation of Clerical Retirement-HIC-VRS Social Security Retirement-VRS Health Insurance Indirect Costs Maintenance Service Contracts Mileage Field Trips Testing/Evaluation Parent Involvement Other Miscellaneous Payments Inservice Workshops Food Additional - Machinery & Equipment 030-061-6120-6000-0121 030-061-6120-6000-0124 030-061-6120-6000-0129 030-061-6120-6000-0141 030-061-6120-6000-0200 030-061-6120-6000-0201 030-061-6120-6000-0202 030-061-6120-6000-0204 030-061-6120-6000-0311 030-061-6120-6000-0585 030-061-6120-6000-0586 030-061-6120-6000-0602 030-061-6120-6000-0614 030-061-6120-6000-0821 030-061-6120-6200-0121 030-061-6120-6200-0129 030-061-6120-6200-0138 030-061-6120-6200-0141 030-061-6120-6200-0151 030-061-6120-6200-0200 030-061-6120-6200-0201 030-061-6120-6200-0202 030-061-6120-6200-0204 030-061-6120-6200-0212 030-061-6120-6200-0332 030-061-6120-6200-0551 030-061-6120-6200-0583 030-061-6120-6200-0584 030-061-6120-6200-0585 030-061-6120-6200-0586 030-061-6120-6200-0587 030-061-6120-6200-0602 030-061-6120-6200-0821 $ 186,917.00 70,483.00 75,877.00 138,806.00 (39,591.00) 20,924.00 113,804.00 181,001.00 (214,758.00) (59,500.00) 14,799.00 (1,000.00) (37,716.00) 10,000.00 (53,148.00) (21,758.00) 6,911.00 (5,375.00) 4,536.00 (5,579.00) (28,274.00) (3,734.00) (3,760.00) 10,709.00 (7,600.00) 4,000.00 423,127.00 (1,500.00) 7,245.00 (3,410.00) (750.00) 26,125.00 (12,000.00) Compensation of Teachers Supplements Compensation of Teachers Social Security Field Trips Compensation of Teachers Compensation of Teacher Aides Retirement-HIC-VRS Social Security Retirement-VRS Health Insurance Professional Health Services Other Professional Services Supplements Social Security Other Professional Services Field Trips Food Education and Recreational Supplies Compensation of Teachers Compensation of Substitute Teachers Supplements Retirement-HIC-VRS Social Security Retirement-VRS Health Insurance Other Professional Services Conventions/Education Food Education and Recreational Supplies Additional - Machinery & Equipment Compensation of Teachers Retirement-HIC-VRS Social Security Retirement-VRS Health Insurance Compensation of Teachers Retirement-HIC-VRS Social Security Retirement-VRS Health Insurance 030-061-6120-6449-0121 030-061-6120-6449-0129 030-061-6120-6449-0121 030-061-6120-6449-0201 030-061-6120-6449-0583 030-061-6121-6000-0121 030-061-6121-6000-0141 030-061-6121-6000-0200 030-061-6121-6000-0201 030-061-6121-6000-0202 030-061-6121-6000-0204 030-061-6121-6000-0311 030-061-6121-6000-0313 030-061-6129-6000-0129 030-061-6129-6000-0201 030-061-6129-6000-0313 030-061-6129-6000-0583 030-061-6129-6000-0602 030-061-6129-6000-0614 030-061-6267-6000-0121 030-061-6267-6000-0021 030-061-6267-6000-0129 030-061-6267-6000-0200 030-061-6267-6000-0201 030-061-6267-6000-0202 030-061-6267-6000-0204 030-061-6267-6000-0313 030-061-6267-6000-0554 030-061-6267-6000-0602 030-061-6267-6000-0614 030-061-6267-6000-0821 030-061-6267-6104-0121 030-061-6267-6104-0200 030-061-6267-6104-0201 030-061-6267-6104-0202 030-061-6267-6104-0204 030-061-6267-6108-0121 030-061-6267-6108-0200 030-061-6267-6108-0201 030-061-6267-6108-0202 030-061-6267-6108-0204 161 (32,577.00) (2,316.00) (28,536.00) (4,852.00) (3,000.00) (7,265.00) 8,023.00 415.00 (163.00) 663.00 8,327.00 (1,000.00) 3,500.00 36,000.00 2,760.00 4,300.00 18,000.00 2,250.00 12,990.00 (126,057.00) 5,000.00 (42,727.00) 2,950.00 (12,529.00) (3,371.00) (52,776.00) 1,120.00 30,000.00 2,100.00 16,500.00 36,000.00 77,646.00 427.00 5,940.00 8,564.00 7,320.00 40,224.00 221.00 3,077.00 4,437.00 4,880.00 162 Compensation of Teachers Supplements Social Security Health Insurance Other Professional Services Conventions/Education Field Trips Education and Recreational Supplies Additional - Machinery & Equipment Compensation of Teachers Supplements Social Security Health Insurance Other Professional Services Conventions/Education Field Trips Education and Recreational Supplies Additional - Machinery & Equipment Compensation of Teachers Compensation of Counselors Compensation of Substitute Teachers Supplements Retirement-HIC-VRS Social Security Retirement-VRS Health Insurance Conventions/Education Field Trips Books & Subscriptions Education and Recreational Supplies Other Operation Supplies Compensation of Principals Compensation of Clerical Retirement-HIC-VRS Social Security Retirement-VRS Health Insurance Conventions/Education Office Supplies Compensation of Clerical 030-062-6268-6005-0121 030-062-6268-6005-0129 030-062-6268-6005-0201 030-062-6268-6005-0204 030-062-6268-6005-0313 030-062-6268-6005-0554 030-062-6268-6005-0583 030-062-6268-6005-0614 030-062-6268-6005-0821 030-062-6268-6105-0121 030-062-6268-6105-0129 030-062-6268-6105-0201 030-062-6268-6105-0204 030-062-6268-6105-0313 030-062-6268-6105-0554 030-062-6268-6105-0583 030-062-6268-6105-0614 030-062-6268-6105-0821 030-062-6336-6146-0121 030-062-6336-6146-0123 030-062-6336-6146-0021 030-062-6336-6146-0129 030-062-6336-6146-0200 030-062-6336-6146-0201 030-062-6336-6146-0202 030-062-6336-6146-0204 030-062-6336-6146-0554 030-062-6336-6146-0583 030-062-6336-6146-0613 030-062-6336-6146-0614 030-062-6336-6146-0615 030-062-6336-6319-0126 030-062-6336-6319-0151 030-062-6336-6319-0200 030-062-6336-6319-0201 030-062-6336-6319-0202 030-062-6336-6319-0204 030-062-6336-6319-0554 030-062-6336-6319-0601 030-062-6336-6146-0151 (558.00) 7,245.00 511.00 692.00 7,280.00 140.00 898.00 (7,389.00) 5,457.00 (3,362.00) 3,255.00 (257.00) 762.00 2,720.00 (1,390.00) (147.00) 1,545.00 2,452.00 14,224.00 1,428.00 (1,590.00) 11,500.00 3,505.00 3,469.00 11,610.00 7,000.00 775.00 (800.00) 20,054.00 8,600.00 2,252.00 4,884.00 4,469.00 683.00 715.00 2,859.00 500.00 700.00 (1,500.00) 305.00 163 Temporary Help Service Fees Maintenance Service Contracts Purchased Services Books & Subscriptions Education and Recreational Supplies Additional - Machinery & Equipment Compensation of Custodians Social Security Retirement - Other Health Insurance Electrical Service Heating Services Telecommunications Repair & Maintenance Supplies I nte re st Compensation of Counselors Compensation of Nurses Compensation of Clerical Retirement-HIC-VRS Social Security Retirement-VRS Health Insurance Group Life Insurance Compensation of Teachers Retirement-HIC-VRS Social Security Retirement-VRS Health Insurance Additional - Data Process Equipment Additional - Data Process Equipment Education and Recreational Supplies Revenues Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts State Grant Receipts Local Match 030-062-6336-6146-0321 030-062-6336-6146-0332 030-062-6336-6146-0381 030-062-6336-6146-0613 030-062-6336-6146-0614 030-062-6336-6146-0821 030-062-6336-6681-0192 030-062-6336-6681-0201 030-062-6336-6681-0203 030-062-6336-6681-0204 030-062-6336-6681-0511 030-062-6336-6681-0512 030-062-6336-6681-0523 030-062-6336-6681-0608 030-062-6336-6998-0902 030-064-6867-6672-0123 030-064-6867-6672-0131 030-064-6867-6672-0151 030-064-6867-6672-0200 030-064-6867-6672-0201 030-064-6867-6672-0202 030-064-6867-6672-0204 030-064-6867-6672-0205 030-062-6869-6100-0121 030-062-6869-6100-0200 030-062-6869-6100-0201 030-062-6869-6100-0202 030-062-6869-6100-0204 030-062-6870-6140-0826 030-062-6870-6140-0826 030-062-6874-6108-0614 030-061-6120-1102 030-061-6121-1102 030-061-6129-1102 030-061-6267-1102 030-062-6268-1102 030-062-6336-1100 030-062-6336-1101 (495.00) 2,000.00 (2,630.00) (63.00) 30,120.00 25,065.00 1,803.00 138.00 719.00 500.00 11,750.00 10,699.00 (1,000.00) (4,OOO.OO) (9,445.00) 4,085.00 3,007.00 (6,822.00) 669.00 (1,990.00) 1,378.00 7,220.00 (972.00) 3,004.00 178.00 1.00 514.00 2,803.00 26,000.00 26,000.00 39,988.00 724,530.00 12,500.00 76,300.00 8,946.00 19,854.00 (5,481.00) 146,774.00 164 Fees Fees Federal Grant Receipts State Grant Receipts Federal Grant Receipts 030-062-6336-1103 030-060-6867-1103 030-062-6869-1102 030-062-6870-1100 030-062-6873-1102 19,510.00 6,575.00 6,500.00 52,000.00 39,988.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of October, 2004. No. 36881-101804. A RESOLUTION thanking the employees of the City of Roanoke and expressing gratitude to the citizens of Roanoke for their outstanding response to alleviate the devastation caused by flooding in the aftermath of Hurricane Jeanne. WHEREAS, on Sept. 28, 2004, storms from Hurricane Jeanne swept over the City of Roanoke leaving more than seven inches of rain; WHEREAS, flood waters from these storms damaged approximately 100 homes and approximately 43 businesses in the City, and made a number of City roads impassable; WHEREAS, Transportation Division employees worked to keep storm drains clear and responded to more than 150 calls for flooded streets and needs for barricade services; and also removed and transported approximately 25 truck loads of debris to the Transfer Station, and placed approximately 100 tons of stone for stabilization purposes; WHEREAS, staff from Real Estate Valuation and Code Enforcement conducted the damage assessments of both residences and businesses experiencing flood-related damage; 165 WHEREAS, Engineering Division employees worked on administration of contracts and coordinated efforts for right-of-way repairs; WHEREAS, Solid Waste crews cleaned up bulk debris from the areas most impacted by flooding; WHEREAS, Parks & Recreation staff cleaned up debris from greenways, removed mud from the tennis courts at River's Edge, worked with Civic Center personnel to clean up Victory Stadium, and scraped debris from ball fields at City parks; WHEREAS, The Office of Environmental and Emergency Management initiated neighborhood evacuations, provided weather and river information to all departments, coordinated local damage assessment and reporting, and worked with the Fire Department and State Department of Emergency Management to mitigate flood related hazardous materials issues; WHEREAS, the Fire-EMS department responded to numerous calls throughout the City and the Roanoke Valley, including several rescues by the newly formed Swift Water Rescue Team; WHEREAS, the 911 Center fielded numerous calls and while reassuring and calming citizens, directed such calls to the appropriate departments for response; WHEREAS, City Council wishes to express its gratitude to the citizens of Roanoke for their individual and collective efforts and for cooperating with the various City departments in the clean up operations; and WHEREAS, the City received praise from Chuck Murray, an adjuster with the National Flood Insurance Program assigned to Roanoke's "Jeanne" claims, that of the hundreds or thousands of flood claims he has worked, he has never seen one cleaned up so well in under two weeks as in Roanoke. THEREFORE, BE IT RESOLVED by Council of the City of Roanoke that: 1. City Council adopts this resolution as a means of recognizing and commending the employees of the above mentioned departments, as well as others in other departments who participated in clean up operations, for their teamwork and outstanding efforts in responding to the devastation caused by the flooding from Hurricane Jeanne, and who assisted in helping our citizens and businesses thorough this difficult time. 2. City Council further expresses its appreciation and gratitude to the citizens of Roanoke for their individual and collective efforts and work in connection with the clean up operations. 166 3. The City Clerk is directed to forward an attested copy of this resolution to Darlene L. Burcham, City Manager. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of October, 2004. No. 36882-101804. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 306, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading of this ordinance. WHEREAS, Diana Aesy has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to CN, Neighborhood Commercial District; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on October 18, 2004, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 167 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 306 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: Those four tracts of land located on Hollins Road and Georgia Avenue, N.E., and designated on Sheet No. 306 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3061113, 3061114, 3061301 and 3061302 be, and are hereby rezoned from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, as set forth in the Petition filed in the Office of the City Clerk on July 29, 2004, and that Sheet No. 306 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'~ day of October, 2004. No. 36883-101804. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 546, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-1, Office District, and dispensing with the second reading of this ordinance. WHEREAS, Pheasant Ridge Real Estate Holdings, LLC filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located on Pheasant Ridge Road, S.W., designated as Official Tax No. 5460124, which property is one of seven parcels subdivided from a 49.23 acre parent tract, previously identified as Official Tax No. 5460101 and conditionally rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District, C-1, Office and Institutional District, and RG-1, General Residential District, by the adoption of Ordinance No. 24898, on December 3, 1979; 168 WHEREAS, the subject property was rezoned to RM-2, Residential Multi- family, Medium Density District, pursuant to a comprehensive rezoning by the adoption of Ordinance No. 28611, on April 27, 1987; WHEREAS, the subject property was rezoned from RM-2, Residential Multi-family, Medium Density District, to C-1, Office District, with proffers, by the adoption of Ordinance No. 32815-020596, on February 5, 1996; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on October 18, 2004, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding on that certain tract of land located on Pheasant Ridge Road, S.W., and designated as Official Tax No. 5460124, and the matters presented at the public hearing, should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that {}§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 546 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the document entitled "Second Amended Petition to Amend Proffered Conditions," filed in the City Clerk's Office on September 15, 2004, and as set forth in the report of the Planning Commission dated October 18, 2004. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 169 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'~ day of October, 2004. No. 36884-101804. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance. WHEREAS, CHS, Inc. filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the 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 the City Council on October 18, 2004, after due and timely notice thereof as required by {}30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A 4,992 square foot unimproved portion of 22"d Street, S.E., and Yellow Mountain Road, S.E., adjacent to property bearing Official Tax No. 4060601 170 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke 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, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of fourteen thousand nine hundred seventy-six dollars and no cents ($14,976.00) as consideration for this action taken by City Council. 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 Petitioner, 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. 171 BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of October, 2004. No. 36885-101804. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 104, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading of this ordinance. WHEREAS, CHS, Inc. has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-l, Office District, to INPUD, Institutional Planned Unit Development District; 172 WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on October 18, 2004, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 104 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: Those two parcels of land, designated on Sheet No. 104 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1040902 and 1040905 be, and are hereby rezoned from C-1, Office District, to INPUD, Institutional Planned Unit Development District, as set forth in the Second Amended Petition filed in the Office of the City Clerk on September 21, 2004, and that Sheet No. 104 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 173 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of October, 2004. No. 36886-101804. A RESOLUTION requesting that the Commonwealth Transportation Board establish an enhancement project for the Roanoke River Greenway. WHEREAS, in accordance with the Commonwealth Transportation Board's construction allocation procedures, it is necessary that a request by resolution be received from the local government in order that the Virginia Department of Transportation program an enhancement project in the City of Roanoke; and WHEREAS, the Council of the City of Roanoke supports the completion of the construction of a bridge across the Roanoke River for the Roanoke River Greenway from the Waste Water Treatment Plant connecting to the Tinker Creek Greenway. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby endorses and requests that the Commonwealth Transportation Board establish a project for the completion of the construction of a bridge across the Roanoke River for the Roanoke River Greenway from the Waste Water Treatment Plant connecting to the Tinker Creek Greenway, such project being more particularly described in the City Manager's letter dated October 18, 2004, to City Council. 2. Pursuant to the Transportation Equity Act for the 21" Century, the City hereby agrees to pay a minimum of twenty percent (20%) of the total cost for completion of the construction of this project, and that if the City subsequently elects to cancel this project, the City hereby agrees to reimburse the Virginia Department of Transportation (the "Department") for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation, all of which is set forth in the City Manager's letter dated October 18, 2004, to City Council. 174 3. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements with the Department providing for the programming of such project, such agreements to be in such form as is approved by the City Attorney. 4. The City Clerk is directed to forward a copy of this resolution to the appropriate officials at the Commonwealth Transportation Board. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of October, 2004. No. 36887-101804. A RESOLUTION requesting that the Commonwealth Transportation Board establish an enhancement project for the Dr. Martin Luther King, Jr., Memorial Bridge. WHEREAS, in accordance with the Commonwealth Transportation Board's construction allocation procedures, it is necessary that a request by resolution be received from the local government in order that the Virginia Department of Transportation program an enhancement project in the City of Roanoke; and WHEREAS, the Council of the City of Roanoke supports the memorial, educational, and scenic enhancements to the Dr. Martin Luther King, Jr., Memorial Bridge. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 175 1. The City hereby endorses and requests that the Commonwealth Transportation Board establish a project for enhancements to the Dr. Martin Luther King, Jr., Memorial Bridge, such project being more particularly described in the City Manager's letter dated October 18, 2004, to City Council. 2. Pursuant to the Transportation Equity Act for the 21" Century, the City hereby agrees to pay a minimum of twenty percent (20%) of the total cost to provide memorial, educational, and scenic enhancements for this project, and that if the City subsequently elects to cancel this project, the City hereby agrees to reimburse the Virginia Department of Transportation (the "Department") for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation, all of which is set forth in the City Manager's letter dated October 18, 2004, to City Council. 3. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements with the Department providing for the programming of such project, such agreements to be in such form as is approved by the City Attorney. 4. The City Clerk is directed to forward a copy of this resolution to the appropriate officials at the Commonwealth Transportation Board. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'~ day of October, 2004. No. 36888-101804. AN ORDINANCE approving the Williamson Road Area Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Williamson Road Area Plan; and dispensing with the second reading of this ordinance by title. 176 WHEREAS, the Williamson Road Area Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on July 15, 2004, and recommended adoption of the Plan and amending Vision 2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing on the proposed Plan was held before this Council on Monday, August 16, 2004, which proposed Plan was tabled for consideration until October 18, 2004, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Williamson Road Area Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Williamson Road Area Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 177 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1" day of November, 2004. No. 36889-110104. AN ORDINANCE to transfer Community Development Block Grant funds for the Cradle to Cradle (C2C) Home Program, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Multi-Unit Affordable Rental Housing Cradle to Cradle Home Program 035-G03-0320-5416 035-G03-0320-5426 (100,000.00) 100,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 1" day of November, 2004. No. 36890-110104. A RESOLUTION authorizing the appropriate City officials to execute an amendment to the Consolidated Plan for FY 2004-2005, providing for the use of Community Development Block Grant funds to reimburse the Council of Community Services (CCS) for its planning activity and land acquisition costs related to Roanoke's "C2C (Cradle to Cradle) Housing Competition," and allowing funds to be used to sponsor a Valley-wide conference for developing regional approaches toward human service needs in the Valley, and authorizing the City Manager to execute a 2004-2005 Community Development Block Grant Subgrant Agreement with the Council of Community Services, upon certain terms and conditions. 178 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an amendment to the Consolidated Plan for FY 2004-2005, providing for the use of Community Development Block Grant funds to reimburse the Council of Community Services (CCS) for its planning activity and land acquisition costs related to Roanoke's "C2C (Cradle to Cradle) Housing Competition," and allowing funds to be used to sponsor a Valley-wide conference for developing regional approaches toward human service needs in the Valley, and authorizing the City Manager to execute a 2004-2005 Community Development Block Grant Subgrant Agreement with the Council of Community Services, and any additional necessary documents related to such an amendment, approved as to form by the City Attorney, as is more particularly set forth in the City Manager's letter dated November 1, 2004, to this Council. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a Community Development Block Grant Subgrant Agreement with the Council of Community Services similar in form to the Agreement attached to the City Manager's letter dated November 1, 2004, to accomplish the C2C Housing Competition and the Valley-wide conference, such Agreement to be approved as to form by the City Attorney, as is more particularly set forth in the City Manager's letter dated November 1, 2004, to this Council. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1" day of November, 2004. No. 36891-110104. A RESOLUTION authorizing the City Manager's issuance and execution of Amendment No. 4 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional professional services for the Downtown North Parking Garage (Gainsboro) and First Street Bridge Project. 179 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute Amendment No. 4 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional professional services for the Downtown North Parking Garage (Gainsboro) and First Street Bridge Project, all as more fully set forth in the City Manager's letter to this Council dated November 1, 2004. 2. The form of the Amendment shall be approved by the City Attorney. 3. Such Amendment No. 4 will provide authorization for additions to the work, with an increase in the amount of the contract of an additional $166,570.00, all as set forth in the above letter. APPROVED Mary F. Parker C. Nelson Harris City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1" day of November, 2004. No. 36892-110104. AN ORDINANCE amending and reordaining Division 5. Exemption of Certain Rehabilitated Property, consisting of §§32-93, through 32-101, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, by amending the eligibility requirements for tax exemption pursuant to this Division; modifying the restrictions on square footage on commercial and industrial real property; increasing the application fee when a change in use will result in additional tax parcel numbers being created; making certain other changes to the City's tax exemption program for rehabilitated real property; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke, as follows: 180 1. Division 5. Exemption of Certain Rehabilitated Prooertv, consisting of §§32-93, through 32-101, of Chapter 32, Taxation, Code of the City of Roanoke (1979), is hereby amended and reordained to read and provide as follows: DIVISION 5. EXEMPTION OF CERTAIN REHABILITATED REAL PROPERTY §32-93. Generally; termination of exemption proqram. (a) The director of real estate valuation shall, upon application made and within the limits as hereinafter provided, order exemption of real property tax on real property substantially rehabilitated for residential use and on real property substantially rehabilitated for commercial or industrial use. (b) This division shall terminate and no new applications for exemption shall be accepted on and after July 1, 2005 2010, unless reenacted. This provision shall not affect applications filed before that date, or the continued eligibility for exemption of properties approved before that date. (c) As used in this Division, the term "substantial rehabilitation" shah include the substantial rehabilitation, renovation, or replacement of rea/property. §32-95. Eliqibility of residential real oroDertv. (d) Residential use shall include single-family dwellings, duplexes, multifamily dwellings units, ~ and town houses. Any property, the use of which is partially residential and partially c/al /nd strial _L_,, L ....... ~ ..... ,~ ..... ,. commer or u , .,,~,, ~ ,,~.,.~ a. ,~.,,.~,,.,,., ;~, - :- must the eligibility standards for each such applicable use. The d/rector of rea/estate valuation shah determine the respective value of each such use prior to commencement of the substantial renovation. §32-96. Eligibility of commercial or industrial real oroDertv. (a) In order to qualify for the exemption from real property taxation for real property substantially rehabilitated for commercial or industrial use, a structure shall meet all of the following criteria: 181 (1) Be no less than twenty-five (25) years of age; (2) Be improved so as to increase the assessed value of the structure by no less than sixty (60) per cent; and (3) Be improved without increasing the total square footage of such structure by more than t~ .... ,~ ~, ,ilL==,, ~ ~F C~t one hundred (100~62 per cent, and (4) Be designed for and suitable for commercial or industrial use after completion of such improvement. (b) if an exempt/on is granted for commercial or industrial properties pursuant to this D/v/s/on, no other exemption, including one pursuant to Division 5A and 5B, pertaining to enterprise zones, w/ii be granted, even if the use of the property changes. §32-97. Amount of exemption. The amount of the exemption from real property taxation provided for by this division shall be an amount equal to the difference in the appraised value of the qualifying structure immediately before substantial rehabilitation and immediately after substantial rehabilitation, as determined by the director of real estate valuation. This amount only, on a fixed basis, shall constitute the exemption, notwithstanding subsequent assessment or reassessment. The exemption resulting from substantial rehabilitation of a qualifying structure shall commence on July 1st of the tax year following completion of the rehabilitation and shall run with the real estate for a period of five (5) years, and only one (1) exemption under this division may be applicable to any structure at any point in time. If the qualifying structure has been designated with either H-l, Historic District, or H-2, Neighborhood Preservation District, zoning overlay designations, or is located within an area designated as a conservation area or a rehabilitation district by the city, then the exemption shall run with real estate for a period of ten (10) years. An additional five-year period shall apply to any residential structure that will have at least a fifty (50) per cent net reduction in the number of dwelling units after rehabilitation. 182 §32-98. Application. (a) Application for exemption of substantially rehabilitated real property from taxation under this division shall be filed by the owner of such property with the director of real estate valuation prior to commencement of any rehabilitation work for which exemption is sought. Each application for such exemption shall be accompanied by a processing fee in the amount of fifty dollars ($50.00). If a property is being converted, and new and additional tax parcels wi//be created, the application fee shall be fifty dollars ($$0.00) for each tax parcel. No property shall be eligible for such exemption unless all appropriate building permits have been acquired and the director of real estate valuation has verified that the rehabilitation indicated on the application has been completed. Furthermore, no property shall be eligible for such exemption if the director of real estate valuation has been denied access to the entire premises either before or after the rehabilitation work for which exemption has been applied, for purposes of determining whether the required rehabilitation has been completed and for appraising the property. (b) The burden of proof shall be on the applicant to show that the property for which exemption has been filed complies with all the eligibility criteria established by this division. The director of real estate valuation may require documentary proof of eligibility, and, in such cases, documentation satisfactory to the director shall be presented. 2. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 183 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1~t day of November, 2004. No. 36893-110104. A RESOLUTION fixing the compensation that may be received by certain members of the Boards of the Western Virginia Water Authority and the Roanoke Valley Resource Authority; and establishing an effective date. WHEREAS, pursuant to the provisions of §15.2-5113.C, Code of Virginia, the governing bodies who appoint members of the Boards of the Western Virginia Water Authority and the Roanoke Valley Resource Authority are authorized to fix by resolution compensation for the members of such Boards; and WHEREAS, Council desires to fix the compensation for the Board members of the Western Virginia Water Authority and the Roanoke Valley Resource Authority, but to limit such compensation to members who are not employees or elected officials of such jurisdictions. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. A monthly sum of $250.00 is hereby fixed as the amount of compensation that may be received by members of the Boards of the Western Virginia Water Authority and the Roanoke Valley Resource Authority, provided that such members are not employees or elected officials of the City of Roanoke or the County of Roanoke, or, in the case of the Resource Authority, of the Town of Vinton. 2. This resolution shall be in full force and effect on and after January 1, 2005. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 184 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'" day of November, 2004. No. 36894-111504. A RESOLUTION memorializing the late Charles Ray Hill, Sr., a former Town Councilman and Mayor of the Town'of Vinton. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Hill on November 8, 2004; WHEREAS, Mr. Hill was a graduate of Jefferson Senior High School and served with the 322nd Signal Battalion, V Corps, U. S. Army, Frankfurt, Germany; WHEREAS, Mr. Hill worked for Colonial American. National Bank for 39 years, and retired as Regional Branch Administrator; WHEREAS, Mr. Hill was a member of the Vinton Host Lions Club for 29 years, and served for one term as president and 10 years as treasurer; WHEREAS, Mr. Hill served on the Fifth District Planning Commission, 15 years on the Executive Committee with one term as chairman; on the Board of Virginia Recreational Facilities Authority; the Board of Regional Partnership; the Board of the Vinton Chamber of Commerce, including a term as President; and the Board of the Dogwood Festival, including one term as president; WHEREAS, Mr. Hill was one of the founders of the Vinton Christmas Parade; WHEREAS, Mr. Hill was a member of the Grand Squares Dance Club and the Thrasher Dancers; WHEREAS, Mr. Hill was a member of Thrasher Memorial United Methodist Church, where he was a member of the finance committee and treasurer for 10 years, and member and president of the Pedigo Bible Class; WHEREAS, Mr. Hill served four years as Town Councilman and 20 years as Mayor of the Town of Vinton. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Charles Ray Hill, Sr., and extends to his family its sincerest condolences. 185 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Hill's wife, Ellen Gross Hill, of Vinton, Virginia. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'h day of November, 2004. No. 36895-111504. AN ORDINANCE authorizing the City Manager to execute the necessary documents consenting to the conveyance of New Tract F, Tax Map Number 7230105, located at the Roanoke Centre for Industry and Technology, from SEMCO Incorporated of Virginia to SEMCO Duct and Acoustical Products, Inc., upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. WHEREAS, on November 11, 2003, the City of Roanoke sold New Tract F, Tax Map Number 7230105, to SEMCO Incorporated of Virginia ("SEMCO Inc."), contingent upon SEMCO Inc., complying with certain terms and conditions set forth in the deed and attachment to the deed; and WHEREAS, SEMCO, Inc., wishes to convey New Tract F, Tax Map Number 7230105, to a subsidiary named SEMCO Duct and Acoustical Products, Inc., with the same terms and conditions set forth in the original deed and attachment to the deed. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, upon form approved by the City Attorney, the necessary documents consenting to the conveyance of New Tract F, Tax Map Number 7230105, located at the Roanoke Centre for Industry and Technology ("RCIT"), from SEMCO Incorporated of Virginia to SEMCO Duct and Acoustical Products, Inc., upon certain terms and conditions, and as more particularly stated in the City Manager's letter to City Council dated November 15, 2004. 186 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15`h day of November, 2004. No. 36896-111504. AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City), the Industrial Development Authority of the City of Roanoke, Virginia, (IDA), and IMD Investment Group, LLC, (IMD) that provides for certain undertakings by the parties in connection with the development of certain property located at the northwest corner of Franklin Road and Wonju Street, S. W., in the City of Roanoke; and dispensing with the second reading by title of this ordinance. WHEREAS, IMD has proposed the development of certain property located at the northwest corner of Franklin Road and Wonju Street, S. W.; WHEREAS, the development of the site will require significant infrastructure cost for the site development as well as structured parking in order to attract high quality retail activity; WHEREAS, IMD has requested an annual economic development grant through the IDA to assist in the unusual expense for development of the Project; WHEREAS, City staff has advised Council that such project will benefit economic development within the City and the Roanoke Valley; and WHEREAS, the City and the IDA wish to encourage IMD in connection with the development of the Project in order to enhance and promote economic development within the City and the Roanoke Valley. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 187 1. City Council hereby approves the terms of the Performance Agreement among the City, IDA, and IMD, as set forth in the attachment to the City Manager's letter to Council dated November 15, 2004, which provides for certain undertakings and obligations by IMD, as well as certain undertakings by the City and the IDA. City Council further finds that the annual economic development grant provided for by the Performance Agreement will promote economic development within the City and the Roanoke Valley and will be of economic benefit to the City and its citizens. 2. The City Manager and the City Clerk are authorized on behalf of the City to execute and attest, respectively, a Performance Agreement among the City, the IDA, and IMD, upon certain terms and conditions as set forth in the City Manager's letter to Council dated November 15, 2004. The Performance Agreement shall be substantially similar to the one attached to such letter and in form approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation and administration of such Performance Agreement. 4. Pursuant to the provisions of §12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'h day of November, 2004. No. 36897-111504. AN ORDINANCE amending and reordaining Ordinance No. 36462- 081803; and dispensing with the second reading by title of this ordinance. WHEREAS, by adopting Ordinance No. 36462-081803, on August 18, 2003, City Council intended to permanently vacate, discontinue and close a fifteen foot public right-of-way, extending in a northeasterly direction from the northerly boundary of Densmore Road, N.W., between Official Tax Nos. 2670906 and 2671005; 188 WHEREAS, Ordinance No. 36462-081303 provided that it would be null and void, with no further action by City Council being necessary, if a plat of subdivision implementing the ordinance were not recorded within twelve months of the date of adoption of the ordinance; WHEREAS, Ordinance No. 36462-081803, became null and void, by its terms, when a plat of subdivision was not recorded within twelve months after the adoption of the ordinance; and WHEREAS, an extension of the time in which the plat of subdivision can be recorded after adoption of the ordinance to twenty-four months, will effectuate the purpose of Ordinance No. 36462-081803. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the next to last paragraph of Ordinance No. 36462-081803 be amended to read and provide as follows, and that such ordinance be reordained as amended: BE IT FURTHER ORDAINED that if the above conditions have not been met within twenty-four (24) months 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. BE IT FURTHER ORDAINED that the applicant shall record a certified copy of this ordinance along with the copy of Ordinance No. 36462-081803 that is to be recorded with the Clerk of the Circuit Court. BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker C. Nelson Harris City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'h day of November, 2004. No. 36898-111504. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2005 Session of the General Assembly. 189 WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated November 15, 2004, recommended to Council a Legislative Program to be presented at the 2005 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Legislative Program transmitted by report of the Legislative Committee, dated November 15, 2004, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2005 Session of the General Assembly. 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2005 Session of the General Assembly to attend Council's meeting relating to legislative matters, to be held at 12:00 noon, on December 6, 2004. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'h day of November, 2004. No. 36899-111504. AN ORDINANCE to appropriate 2004B General Obligation Bond Proceeds to the Patrick Henry and William Fleming High School construction projects, amending and reordaining certain sections of the 2004-2005 School Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. 190 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 School Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated From 20048 Bond Funds Appropriated From 2004B 8ond Funds Schools 031-065-6066-6896-9138 031-065-6070-6896-9138 031-060-9707-6896-9182 $ 3,000,000.00 400,000.00 (3,400,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Pa~ City Clerk C. Nelson Harris Mayor IN THE COUNCIL IN THE CITY OF ROANOKE, VIRGINIA, The 15'h day of November, 2004. No. 36900-111504. RESOLUTION (il authorizing the School Board for the City of Roanoke to repair, rehabilitate or equip Fallon Park Elementary School, including without limitation the installation of heating, air conditioning and lighting (the "Project"); and (ii) authorizing and directing the City Manager to file an application with the Virginia Department of Education seeking an allocation of authority to issue the City's general obligation qualified zone academy bonds in an amount not to exceed $1,600,000.00 to finance the Project. WHEREAS, the School Board (the "School Board") for the City of Roanoke, Virginia (the "City") has determined that it is necessary to undertake the Project and has requested the City to issue its general obligation qualified zone academy bonds in an amount not to exceed $1,600,000.00 to finance the Project; and WHEREAS, in order to finance the Project, the City reasonably expects to issue debt obligations; and WHEREAS, the City intends to issue debt obligations for the Project as "qualified zone academy bonds" within the meaning of Section 1397E of the Internal Revenue Code (the "Code"). BE IT 1. 191 RESOLVED by the Council of the City of Roanoke that: The School Board is authorized to undertake the Project, and is authorized to expand out of the City's capital improvement fund up to $1,600,000.00 for the cost of the Project. In accordance with U. S. Treasury Regulations §l.1397E-l(h) and §1.150-2, it is hereby declared that the City reasonably expects to reimburse expenditures for the Project with proceeds of debt to be incurred by the City. The maximum principal amount of debt expected to be issued for the Project is $1,600,000.00. This is a declaration of official intent under U. S. Treasury Regulations §1.1397E-l(h) and §1.150-2. The City Manager or an Assistant City Manager is hereby authorized and directed to file an application with the Virginia Department of Education seeking an allocation of authority to issue the City's general obligation qualified zone academy bonds pursuant to the Public Finance Act and Section 1397E of the Code in an amount not to exceed $1,600,000.00 (the "QZA Bonds") to finance the cost of the project. The City Clerk is hereby authorized and directed to publish in accordance with applicable law a notice of public hearing in connection with the proposed QZA Bonds to be held on December 6, 2004. This resolution shall take effect immediately. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on November 15, 2004, and of he whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. C. Nelson Harris, Mayor Beverly T. Fitzpatrick, Jr., Vice-Mayor M. Rupert Cutler Alfred T. Dowe, Jr. Sherman P. Lea Brenda L. McDaniel Brian J. Wishneff Present Absent Aye Nay Abstain 192 WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this ...... day of November, 2004. Clerk, City of Roanoke, Virginia [SEAL] APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'h day of November, 2004. No. 36901-111504. AN ORDINANCE to appropriate funding to various technology projects, amending and reordaining certain sections of the 2004-2005 General and Department of Technology Funds 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 2004-2005 General and Department of Technology Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Department of Technology Fund Fund Balance Reserved for CMERP - City Department of Technoloqy Fund Appropriations Appropriated Appropriated Appropriated Appropriated Appropriated Appropriated from General Revenue Appropriated from General Revenue from General Revenue from General Revenue from General Revenue from General Revenue from General Revenue 001-250-9310-9513 001-3323 013-430-9866-9003 013-430-9850-9003 013-430-9896-9003 013-430-9897-9003 013-430-9854-9003 013-430-9845-9003 013-430-9888-9003 $ 150,000.00 (150,000.00) 52,780.00 25,000.00 57,000.00 27,500.00 50,000.00 156,000.00 20,000.00 193 Appropriated Appropriated Appropriated Appropriated Appropriated Appropriated Revenues from General from General from General from General from General from General Revenue Revenue Revenue Revenue Revenue Revenue Transfer from General Fund Transfer from School Fund Retained Earnings Retained Earnings Available Appropriation 013-430-9894-9003 013-430-9885-9003 013-430-9883-9003 013-430-9898-9003 013-430-9890-9003 013-430-9865-9003 013-110-1234-1037 013-110-1234-1127 for 013-3348 10,500.00 134,000.00 10,900.00 10,300.00 12,290.00 150,000.00 150,000.00 150,000.00 (416,270.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ary F. ParEer City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of December, 2004. No. 36902-120604. A RESOLUTION memorializing the late Hugh Ennis, Jr., son of Doris N. Ennis, Acting Superintendent of Roanoke Public Schools. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Ennis on Saturday, November 20, 2004; WHEREAS, Mr. Ennis was born October 14, 1961, the only child of Hugh and Doris Ennis, Sr., and was affectionately called "Little Hugh" by those who loved him dearly; WHEREAS, Mr. Ennis joined church at the age of six, was a member of Fifth Avenue Presbyterian Church, and attended Unity of the Roanoke Valley; WHEREAS, Mr. Ennis graduated from William Fleming High School and attended North Carolina A&T State University; WHEREAS, Mr. Ennis served his country in the U.S. Army for three years; 194 WHEREAS, Mr. Ennis was a member of the Shieks Athletic Club and also served as President of the Alumni Chapter of his alma mater; WHEREAS, before becoming ill, Mr. Ennis was employed for 16 years at Carillon Roanoke Community Hospital. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Hugh Ennis, Jr., and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Ennis's parents, Hugh and Doris Ennis, of Roanoke, Virginia. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'" day of December, 2004. No. 36903-120604. A RESOLUTION naming Claudia Alexander Whitworth as Roanoke's Citizen of the Year for the year 2004. WHEREAS, Ms. Whitworth, a native of Fayetteville, West Virginia, began working in the summer of 1945 on The Roanoke Tribune, a weekly newspaper started by her father in 1939, and she gained additional experience working on newspapers in New York City, Cleveland and Columbus, Ohio, Fayetteville, West Virginia, Vinton and Roanoke, Virginia; WHEREAS, Ms. Whitworth purchased The Roanoke Tribune upon the retirement of her father in 1971, and has published it continuously ever since in spite of a fire bombing in 1979 and later demolition of the building in 1983, and the loss of her husband and business partner, Clifton B. Whitworth, in the same year; 195 WHEREAS, over the years, in addition to fulfilling the difficult demands of running a newspaper, Ms. Whitworth assumed the responsibility of caring for ailing family members, as well as opening her residence and making it "home" for extended periods of time to persons of different ages, races, nationalities' and backgrounds, including a foster home for at-risk teenagers; WHEREAS, in 1991 with the assistance of her son, Ms. Whitworth remodeled and opened a community center which was open daily for the purpose of instilling a sense of worth and mutual respect in neighborhood youth, many of whom have played a vital role in the weekly mailing of Tribunes to its subscribers; WHEREAS, Ms. Whitworth was selected in 1973 to accompany Governor Linwood Holton to SAC Headquarters, at Offutt Air Force Base, Nebraska; was listed in Who's Who Among Black Americans in 1985; was the only person from Southwest Virginia to be inducted into the Virginia Women's Hall of Fame in 1992; was one of three National Council of Criminal Justice Brotherhood/Sisterhood Award recipients in 1993; was one of five honorees at "A Tribute to Women of Colour" by local U.S. Postal Workers in 1997; served on the President's Roundtable and Board of Visitors, Norfolk State University (i989-1995); and chaired the Employee Relations Committee, Welfare Reform Commission during the Governor Wilder's administration; WHEREAS, Ms. Whitworth has served as a member of the Boards of Directors of LOA Agency on Aging, Bradley Free Clinic, Salvation Army and its Battered Women's Shelter, Fine Arts Museum, and Mill Mountain Theatre, Conflict Resolution Center, Habitat for Humanity, chaired the Roanoke Neighborhood Development Corporation, and at present is involved with the Local Spiritual Assembly, Roanoke City Baha'i Community, and serves as president of Community Housing Corporation, and is also a Meals on Wheels volunteer; and WHEREAS, Ms. Whitworth's long service to the community demonstrates her primary objectives and activities that have been to promote self-esteem, to encourage respect for differences in others, and to be instrumental in providing a vehicle through which diverse people may unite on some common basis; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Claudia Alexander Whitworth be named Citizen of the Year for the year 2004 in the City of Roanoke, Virginia. Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor 196 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of December, 2004. No. 36904-120604. AN ORDINANCE granting a revocable license to permit the encroachment of an overhead awning at a height above the sidewalk of eight (8) feet, with the overhead awning extending thirty-nine (39) inches, in the public right-of-way of 105 Wall Street, S.E., from property bearing Official Tax No. 4010319, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted the applicant, Jay Aneja, on behalf of Smither's Jewelers, Inc., ("Licensee") tenant of the property bearing Official Tax No. 4010319, otherwise known as 105 Wall Street, S.E., within the City of Roanoke, to permit the encroachment of an overhead awning at a height above the sidewalk of eight (8) feet, with the overhead awning extending thirty-nine (39) inches, in the public right-of-way of 105 Wall Street, S.E., as more fully described in a letter of the City Manager to City Council dated December 6, 2004. 2. Such license, granted pursuant to §15.2-2010, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the limitations contained in §15.2-2010. 3. It shall be agreed by the Licensee that, in maintaining such encroachment, the Licensee and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment in the public right-of-way. 4. Licensee, its grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than $1,000,000.00. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. The certificate shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 197 5. The City Clerk shall transmit an attested copy of this ordinance to Jay Aneja, 2726 White Pelican Lane, Roanoke, Virginia 24016. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the Licensee, is on file in the Office of the City Clerk, and shall remain in effect only so long as a valid, current certificate eviden£ing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk. 7. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ACCEPTED and ............... , 2004. EXECUTED by the undersigned this ...... day of JAY ANEJA by: (SEAL) COMMONWEALTH OF VIRGINIA § §To-Wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this ...... day of .............. ,2004, by Jay Aneja. My Commission expires: .......................... Notary Public APPROVED ATTEST: City Clerk C. Nelson Harris Mayor 198 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 2004. No. 36905-120604. AN ORDINANCE directing amendment of the Fee Compendium to establish the application and square footage fee for outdoor dining permits; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412- 032795, adopted March 27, 1995, effective as of that date, as amended, shall be amended to waive the outdoor dining permit application fee if the content of the prior year's application is unaltered and to establish the outdoor dining fee at $3.25 per square foot of space for calendar year 2005 and all future years, with a minimum three-month commitment from the applicant, as set forth in the letter dated December 6, 2004, from the City Manager to this Council. 2. Pursuant to §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of December, 2004. No. 36906-120604. AN ORDINANCE to appropriate funds for the Virginia Western Community College Partnership, amending and reordaining certain sections of the 2004- 2005 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. 199 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Employee Tuition Revenues Donations - VWCC Tuition Program 001-520-3212-2105 $ 50,000.00 001-110-1234-1768 50,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of December, 2004. No. 36907-120604. AN ORDINANCE to appropriate funding from the Series 2004B General Obligation Bonds to various capital projects, amending and reordaining certain sections of the 2004-2005 Civic Facilities, Parking, Capital Projects and School Capital Projects Funds 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 2004-2005 Civic Facilities, Parking, Capital Projects and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Civic Facilities Fund Appropriations Civic Center Renovation Appropriated Bond Funds Expansion & from 2004B 005-550-8620-9198 005-550-8616-9169 $ 2,300,000.00 5,595,000.00 2OO Parkinq Fund Appropriations Downtown West Parking Garage Appropriated from 2004B Bond Funds 007-540-8254-9197 007-540-8252-9169 600,000.00 1,400,000.00 Capital Proiects Fund Appropriations Police Building Phase II Fire-EMS Facilities Appropriated from 2004B Bond Funds Revenues Proceeds from Issuance of 2004B Bonds 008-530-9820-9825 008-530-9820-9830 008-530-9678-9169 008-110-1234-1042 6,670,000.00 600,000.00 3,835,000.00 11,105,000,00 School Capital Projects Fund Appropriations Schools Appropriated from 2004B Bond Funds Revenues 031-060-9707-9182 031-065-6066-9138 19,500,000.00 5,500,000.00 Proceeds from Issuance of 2004B Bonds 031-110-1234-1142 25,000,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor 201 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2004. No. 36908-122004. A RESOLUTION congratulating the football team of the Virginia Polytechnic Institute and State University for winning the 2004 Atlantic Coast Conference Championship Title. WHEREAS, Virginia Tech's football team moved from the Big East Conference to the ACC in 2004; WHEREAS, Virginia Tech was unranked at the start of the 2004 football season and picked to finish as Iow as eighth in the ACC this year; WHEREAS, Virginia Tech put together a hard-nosed defense, big-play special teams and an efficient offense to wear down their opponents; WHEREAS, after losing to USC and North Carolina State, the Virginia Tech Hokies went on to win a total of 10 games during the regular season; WHEREAS, the Virginia Tech Hokies finished the 2004 football season with a ranking as number 9 in the ESPN and AP polls; and with a 10-2 overall record and a 7-1 mark in the ACC that won them the ACC Championship Title; WHEREAS, Virginia Tech Head Coach Frank Beamer was named ACC Coach of the Year for 2004; WHEREAS, Virginia Tech Quarterback Bryan Randall was named ACC Player and Offensive Player of the Year, and received the 15th annual Dudley Award, given each year to the state's top collegiate football player; and WHEREAS, four Hokies football players--Bryan Randall, Darryl Tapp, Jimmy Williams, and Brandon Pace--were named to the Ali-ACC first team. THEREFORE, BE IT RESOLVED by Council of the City of Roanoke that: 1. Council adopts this resolution as a means of recognizing and commending the Virginia Tech football team for winning the ACC Championship Title and for its other achievements, and supporting them as they play against Auburn University in the Nokia Sugar Bowl Game, to be held in New Orleans, Louisiana, on January 3, 2005. 202 2. The City Clerk is directed to forward resolution to the Hokies' head coach, Frank Beamer. APPROVED ATTEST: Mary F. Parker City Clerk an attested copy of this C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of December, 2004. No. 36909-122004. A RESOLUTION adopting a policy relative to the City of Roanoke procuring art from the City Art Show, and the Roanoke Arts Commission's role in the selection of such art work. WHEREAS, art, both visual and performing, is a vital component of the City's health and vibrancy, and adoption of this policy will add to Council's support of the arts in the City and send a positive message about its appreciation of local art in particular; and WHEREAS, by letter dated December 20, 2004, the Mayor has recommended that Council adopt a policy with regard to the City's procuring art from the City Art Show. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council of the City of Roanoke hereby adopts the following policy relative to the City's acquisition and of art from the City Art Show: (a) The City of Roanoke will annually acquire the winner of the "Best in Show" award in the City Art Show to be included in the City's public art collection; (b) If the "Best in Show" is not for sale or deemed unsuitable as public art by the Roanoke Arts Commission, the Roanoke Arts Commission shall select another piece from the show for acquisition; 203 (c) Funds for the purchase shall come from the Percent for the Arts Program; and (d) The Roanoke Arts Commission shall advise the City as to the most appropriate placement for the art. 2. The City Clerk is directed to forward a copy of this resolution to Mark C. McConnel, Chair of the Roanoke Arts Commission. APPROVED A'I-rEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of December, 2004. No. 36910-122004. AN ORDINANCE to appropriate funds for the E-911 State Wireless Board Funding, amending and reordaining certain sections of the 2004-2005 General and Department of Technology Funds 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 2004-2005 General and Department of Technology Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Training and Development Regular Employee Salaries City Retirement ICMA Match FICA Hospitalization Insurance Dental Insurance Life Insurance Disability Insurance Transfer to Department Technology of 001-430-4130-2044 001-430-4131-1002 001-430-4131-1105 001-430-4131-1116 001-430-4131-1120 001-430-4131-1125 001-430-4131-1126 001-430-4131-1130 001-430-4131-1131 001-250-9310-9513 12,500.00 44,754.00 4,372.00 975.00 3,498.00 4,950.00 332.00 439.00 125.00 68,203.00 204 Revenues E-911 Wireless Department of Technology Fund Appropriations Appropriated From State Grant Funds Revenues Transfer From General Fund 001-110-1234-0654 013-430-9870-9007 013-110-1234-1037 $140,148.00 68,203.00 68,203.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'FrEST: Mary F. Parl~er City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th Day of December, 2004. No. 36911-122004. AN ORDINANCE to appropriate funding for the FY05 Workforce Investment Act Grant, amending and reordaining certain sections of the 2004- 2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Wages Telephone Leases Travel Supplies Marketing Contractual Services Equipment Insurance Fees For Professional Services Wages 035-633-2310-8050 035-633-2310-8090 035-633-2310-8058 035-633-2310-8052 035-633-2310-8055 035-633-2310-8053 035-633-2310-8057 035-633-2310-8059 035-633-2310-8056 035-633-2310-2010 035-633-2311-8050 $ 13,682.00 199.00 1,118.00 499.00 333.00 609.00 2,772.00 222.00 388.00 56.00 4,642.00 205 Telephone Leases Travel Supplies Marketing Contractual Services Equipment Insurance Fees For Professional Services Wages Telephone Leases Travel Supplies Marketing Contractual Services Equipment Insurance Fees For Professional Services Revenues Workforce Investment Act Grant FY05 035-633-2311-8090 $ 66.00 035-633-2311-8058 372.00 035-633-2311-8052 165.00 035-633-2311-8055 111.00 035-633-2311-8053 203.00 035-633-2311-8057 92,590.00 035-633-2311-8059 73.00 035-633-2311-8056 129.00 035-633-2311-2010 19.00 035-633-2312-8050 3,499.00 035-633-2312-8090 49.00 035-633-2312-8058 279.00 035-633-2312-8052 125.00 035-633-2312-8055 83.00 035-633-2312-8053 152.00 035-633-2312-8057 76,179.00 035-633-2312-8059 55.00 035-633-2312-8056 97.00 035-633-2312-2010 14.00 035-633-2311-2311 198,780.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h of December, 2004. No. 36912-122004. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act funding of $198,780.00 and authorizing the City Manager to execute the requisite documents necessary to accept the funding. BE IT RESOLVED by the Council of the City of Roanoke as follows: 206 1. The Western Virginia Workforce Development Board Workforce Investment Act funding of $198,780 is hereby ACCEPTED. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite documents necessary to accept funding, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set out in the City Manager's letter dated December 20, 2004, to City Council. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of December, 2004. No. 36913-122004. AN ORDINANCE to appropriate funding for the Employment Advancement for TANF Participants Grant, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees For Professional Services Revenues Employment Advancement TANF Participants for 035-630-8856-2010 035-630-8856-8856 $592,107.00 592,107.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Pa~r er City Clerk C. Nelson Harris Mayor 207 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of December, 2004. No. 36914-122004. A RESOLUTION authorizing acceptance of a grant award under the Temporary Assistance to Needy Families (TANF) Project from the Virginia Department of Social Services, for the purpose of maintaining and improving existing services to eligible TANF recipients which will enable them to obtain employment or, where appropriate, an alternate disability income, authorizing the City of Roanoke to serve as fiscal agent for the distribution of such funds to the Southwest Virginia Regional Employment Coalition, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant award under the Temporary Assistance for Needy Families (TANF) Project from the Virginia Department of Social Services, for the purpose of maintaining and improving existing services to eligible TANF recipients which will enable them to obtain employment or, where appropriate, an alternate disability income, in the amount of $592,:L07.00, as set forth in the City Manager's letter to Council dated December 20, 2004, is hereby ACCEPTED. 2. The City of Roanoke shall be authorized to be the fiscal agent for this grant and shall be responsible for distributing the grant proceeds to the Southwest Virginia Regional Employment Coalition on behalf of City of Roanoke, Roanoke County, Franklin County, Craig County and Botetourt County. 3. The City Manager is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these funds and to furnish such additional information as may be required in connection with the City's acceptance of these grant funds. All documents shall be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 2O8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2004. No. 36915-122004. A RESOLUTION authorizing the City Manager to execute an agreement between the City of Roanoke School Board and the City of Roanoke, allowing the City to operate a fitness center at Lucy Addison Middle School for use by the general public, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement between the City of Roanoke School Board and the City of Roanoke, approved as to form by the City Attorney, allowing the City of Roanoke to operate a fitness center in specified areas at Lucy Addison Middle School for use by the general public, as more fully set forth in the City Manager's letter dated December 20, 2004, to this Council. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of December, 2004. No. 36916-122004. A RESOLUTION accepting the donation to the City by Norfolk Southern Railway Company of a SOU 51836 Flatcar, expressing the City's appreciation for this donation and authorizing the execution of a Letter Agreement, dated November 29, 2004, evidencing the City's agreement to certain terms and conditions relating to the donation of the Flatcar. WHEREAS, the City has proposed that a flatcar be made available for display in a public area of the City, and Norfolk Southern Railway Company has agreed to donate a former Southern Railway Company Car Number SOU 51836 ("Flatcar"), and the City wishes to accept the donation. 209 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized for and on behalf of the City to execute the Letter Agreement, dated November 29, 2004, accepting the donation of the SOU 51836 Flatcar by Norfolk Southern Railway Company, and agreeing to certain terms and conditions relating to the donation. 2. The Council hereby expresses its appreciation to Norfolk Southern Railway Company for its generous donation of the Flatcar to the City for display in various public areas of the City. 3. The Clerk is directed to forward a copy of this resolution to Katherine B. McQuade, Executive Vice President Planning & Chief Information Officer, at Norfolk Southern Corporation, 3 Commercial Place, Norfolk, Virginia 23510-2191. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of December, 2004. No. 36917-122004. A RESOLUTION endorsing the participation by the City of Roanoke's E-91! Center in a National Accreditation Program through the Commission on Accreditation for Law Enforcement Agencies. WHEREAS, the City of Roanoke's police, fire and sheriff's departments currently maintain national accreditation certificates; WHEREAS, as part of the continuing effort to improve public safety within the City of Roanoke, it is the desire of the administration to recommend that the E-9:~1 Center attempt to become certified and accredited by the Commission on Accreditation for Law Enforcement Agencies; and 210 WHEREAS, City Council acknowledges its support of the administration's efforts to have the E-911 Center nationally accredited. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council acknowledges its support for the administrations efforts to have the City's E-911 Center nationally accredited by the Commission on Accreditation for Law Enforcement Agencies. 2. The Council requests that the Mayor send a letter to the Commission on Accreditation for Law Enforcement Agencies memorializing the City of Roanoke's support to have its E-911 Center nationally accredited. 3. The Mayor and/or the City Manager is hereby authorized to execute any necessary documents required by the Commission on Accreditation for Law Enforcement Agencies to further the accreditation process of the E-911 Center after such documents are reviewed and approved as to form by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2004. No. 36918-122004. A RESOLUTION concurring with the adoption by the Western Virginia Water Authority of certain water and sewer connection policies pursuant to Virginia Code §15.2-5137. WHEREAS, on July 1, 2004, the Western Virginia Water Authority assumed all water and sewer utility functions from the City of Roanoke, Virginia; WHEREAS, the Western Virginia Water Authority adopted on November 18, 2004, certain policies relating to mandatory water and sewer connections, pursuant to Virginia Code §15.2-5137; and 211 WHEREAS, the Western Virginia Water Authority has asked the City of Roanoke for a resolution pursuant to Virginia Code §15.2-5137(A) concurring in the water and sewer connection policies adopted by the Authority. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City hereby concurs with the mandatory water and sewer connection policies adopted by the Western Virginia Water Authority on November 18, 2004, pursuant to Virginia Code §15.2-5137. 2. The City Clerk is directed to forward a copy of this resolution to the appropriate officials of the Western Virginia Water Authority. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of December, 2004. No. 36919-122004. AN ORDINANCE amending and reordaining Chapter 35, Water, Article I, In General, of the Code of the City of Roanoke (1979), as amended, by adding Sections 35-1 through 35-3, as requested by the Western Virginia Water Authority (WVWA); providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, the WVWA has requested the City of Roanoke to add certain provisions to the City Code in order to enable the WVWA to be able to better carry out its function of providing water services to the residents of the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 35, Water, Article I, In General, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 212 ARTICLE h IN GENERAL Sec 35-1. Violations of chapter. Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a c/ass 2 misdemeanor. Sec. 35-2. Authorization for the Western Virginia Water Authority to enforce provisions oft his chapter. The Western Virginia Water Authority (WVWA) is hereby authorized, to the extent permitted by law, to enforce all applicable provisions of Chapter 35 of the Code of the City of Roanoke (1979), as amended, in order to carry out the WVWA purposes of providin9 water and water services to the residents of the city. Sec. 35-3. Mandatory water connections. The owner or person constructing a house or building on property abutting in any manner upon a street, alley, public right-of-way or public easement through which runs a public water main or water system, shah be required to connect such house or building with such water main in accordance with the provisions of this chapter and the rules and regulations of the WVWA. Any person who shall fall to make such connection, after sixty (60) days notice from the VVVWA, shah be guilty of a violation of this section. If a pub/lc water main is not abutting such property, an off-site extension of the existing public water system shah be made in accordance with the provisions of this chapter and the rules and regulations of the WI44/A. 1,2005. This ordinance shall be in full force and effect on and after January 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. APPROVED City Clerk C. Nelson Harris Mayor 213 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of December, 2004. No. 36920-122004. A RESOLUTION authorizing the filing of a petition to rezone property which is owned by the City of Roanoke and which is designated as Official Tax No. 1570101, subject to certain proffers. WHEREAS, the City of Roanoke owns certain property designated as Official Tax No. 1570101; WHEREAS, such property is currently zoned RS-2, Single Family Residential District; and WHEREAS, it is the desire of City Council to consider the rezoning of such property from RS-2, Single Family Residential District, to RPUD, Residential Planned Unit Development District, subject to a proffered condition, which will permit the physical development of the site in a manner consistent with the provisions of the City's Request for Proposals for the creation of a mixed density traditional neighborhood design and layout. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That public necessity, convenience, general welfare and good zoning practice require the filing of a petition to rezone the subject property from RS-2, Single Family Residential District, to RPUD, Residential Planned Unit Development District, subject to a proffered condition, in order to ensure the use of housing clusters to promote neighborhood revitalization and to provide a sustainable range of housing choices that encourages social and economic diversity throughout the City on vacant or underutilized land. 2. That the City Manager is authorized to file a petition, similar in form and content to the petition attached to the letter dated December 20, 2004, to this Council, approved as to form by the City Attorney, to rezone the subject property from RS-2, Single Family Residential District, to RPUD, Residential Planned Unit Development District, subject to proffered conditions. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor 214 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of December, 2004. No. 36921-122004. AN ORDINANCE to appropriate funding for Flow Through Grant for handicapped students, amending and reordaining certain sections of the 2004- 2005 School 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 2004-2005 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Revenue Federal Grant Receipts Appropriations Compensation of Teachers Compensation of Supervisors Compensation of Psychologists Compensation of Teachers Aides Retirement-HIC VRS Social Security Retirement-VRS Health Insurance Compensation of Bus Aides Social Security Health Insurance Alternative Fringes Professional Health Services 030-062-6597-1102 030-062-6597-6453-0121 030-062-6597-6453-0124 030-062-6597-6453-0132 030-062-6597-6453-0141 030-062-6597-6453-0200 030-062-6597-6453-0201 030-062-6597-6453-0202 030-062-6597-6453-0204 030-062-6597-6553-0142 030-062-6597-6553-0201 030-062-6597-6553-0204 030-062-6597-6553-0214 030-062-6597-6553-0311 $494,136.00 263,282.00 23,218.00 4,578.00 16,862.00 10,382.00 14,277.00 17,639.00 6,149.00 22,226.00 1,700.00 7,248.00 780.00 105,795.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 215 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of December, 2004. No. 36922-122004. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for adding to and modernizing Westside Elementary School. WHEREAS, the School Board for the City of Roanoke, on the 20th day of December, 2004, presented to this Council an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $3.85 million, for improving the present school building at the Westside Elementary School, to be paid in twenty (20) annual installments, and the interest thereon at three percent (3%) paid annually. BE IT RESOLVED that the application of the City School Board to the State Board of Education of Virginia for a loan of $3.85 million from the Literary Fund is hereby APPROVED, and authority is hereby granted the said City School Board to borrow the said amount for the purpose set out in said application. The Council of the City of Roanoke will each year during the life of this loan, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for appropriation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of December, 2004. No. 36923-122004. A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for improving the present school building at Westside Elementary School and declaring the City's intent to borrow to fund or reimburse such expenditures. 216 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Board of the City of Roanoke is authorized to expend out of the City's capital improvement fund up to $3.85 million for the cost of improving the present school building at Westside Elementary School ("the Project"). 2. In accordance with U. S. Treasury Regulations §1.150-2, it is hereby declared that the City reasonably expects to reimburse capital expenditures and bond issuance costs for the Project with proceeds of an obligation or obligations to be incurred by the School Board and/or the City. The maximum principal amount of debt expected to be issued for the Project is $3.85 million. 3. This is a declaration of official intent under Treasury Regulation §1.150-2. APPROVED ATrEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of December, 2004. No. 36924-122004. RESOLUTION AUTHORIZING THE ISSUANCE OF A $439,100.00 GENERAL OBLIGATION QUALIFIED ZONE ACADEMY BOND (FALLON PARK ELEMENTARY SCHOOL), SERIES 2004, OF THE CITY OF ROANOKE, VIRGINIA, TO BE SOLD TO BANK OF AMERICA, N. A. AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the "City"), has determined that it is necessary and expedient to borrow an amount equal to $439,100.00 and to issue its general obligation "qualified zone academy bond," within the meaning of Section 1397E of the Internal Revenue Code of 1986, as amended (the "Code"), for the purpose of financing certain rehabilitations, repairs and/or or equipment for the Fallon Park Elementary School ("FPES"); and 217 WHEREAS, the City held a public hearing, duly noticed, on December 6, 2004, on the issuance of the Bond (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the City has by resolution approved, and has requested the Council to authorize, the issuance of the Bond; and WHEREAS, pursuant to a commitment letter dated December 9, 2004 (the "Commitment Letter"), Bank of America, N. A. (the "Bank") has offered to purchase the Bond on the terms and conditions provided therein; and WHEREAS, there have been presented to the Council the form of the Commitment Letter and the forms of the following instruments: (a) Funding Agreement, (the "Funding Agreement"), between the City and Bank of America, N. A. (the "Bank") providing for the sale of the Bond to the Bank; and (b) Time Deposit Agreement (the "Time Deposit Agreement"), between the City and the Bank, providing for the investment of certain sinking fund payments to be made in connection with the Bond. (c) The Bond. NOW, THEREFORE, be it resolved by the Council of the City of Roanoke, Virginia: 1. Authorization of Bond and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation qualified zone academy bond in an aggregate principal amount of $439,100.00 (the "Bond") for the purpose of financing certain rehabilitations, repairs and/or capital equipment for FPES. The Council hereby authorizes the issuance and sale of the Bond in the form and upon the terms established pursuant to this Resolution. 218 2. Sale of the Bond. It is determined to be in the best interest of the City to accept, and the City hereby accepts, the offer of the Bank to purchase from the City, and to sell to the Bank, the Bond at a price of par upon the terms established pursuant to this Resolution, the Funding Agreement and the Commitment Letter. The Mayor, the City Manager, and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver to the Bank the Commitment Letter, the Funding Agreement and the Time Deposit Agreement, each in substantially the form submitted to the Council at this meeting, which form is hereby approved. 3. Details of the Bond. The Bond shall be issued in fully registered form; shall be dated the date of issuance and delivery of the Bond (the "Closing Date"); shall be designated "General Obligation Qualified Zone Academy Bond (Fallon Park Elementary School), Series 2004; shall mature on the sixteenth anniversary of the Closing Date, subject to the provision of Section 4 of this Resolution, and shall have such other terms and conditions as contained in the form of the Bond attached as Exhibit A to the Funding Agreement. The Director of Finance of the City is hereby appointed as the Bond Registrar and Paying Agent for the Bond. 4. Maturity Date; Other Provisions. The City Manager is hereby authorized and directed (a) to extend the final maturity date of the Bond, at the request of the Bank, to reflect the longest maturity permitted under applicable law on the Closing Date for "qualified zone academy bonds" within the meaning of Section 1397E of the Code, and (b) to approve changes to the provisions of the Funding Agreement and the Time Deposit Agreement regarding the amount and timing of the Qualified Annual Deposits into the Sinking Fund pursuant to the Funding Agreement and the investment of such Qualified Annual Deposits pursuant to the Time Deposit Agreement. In such event, the execution and delivery of the Bond as described in Section 8 hereof and of the Funding Agreement and the Time Deposit Agreement as described in Section 2 hereof shall conclusively evidence such maturity date as having been so extended, and such changes to the Funding Agreement and Time Deposit Agreement as having been approved, all as authorized by this Resolution. 5. Desiclnation as Qualified Zone Academy Bond. On behalf of the City, the Council hereby designates the Bond as a "qualified zone academy bond" for the purposes of Section 1397E of the Code. 6. Form of the Bond. The Bond shall be initially in the form of a single typewritten bond substantially in the form attached as Exhibit A to the Funding Agreement. 219 7. Prepayment. The Bond is not subject to prepayment at the option of the City. 8. Execution and Delivery of the Bond. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk of the Council are authorized and directed to execute and deliver the Bond and to affix the seal of the City thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of the Bond and all payments under the Funding Agreement as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while the Bond shall be outstanding there shall be levied and collected annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City subject to local taxation over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of, premium, if any, and interest, if any, on the Bond and all other payments due under the Funding Agreement (including each Qualified Annual Deposit) to the extent other funds of the City are not lawfully available and appropriated for such purpose. 10. Tax Compliance Certificate, The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Tax Compliance Agreement setting forth the expected use and investment of the proceeds of the Bond and containing such covenants as may be necessary in order to show compliance with the provisions of the Code and applicable regulations relating to the status of the Bond as a "qualified zone academy bond" within the meaning of Section 1397E of the Code (a "QZAB"). The Council covenants on behalf of the City that (a) the proceeds from the issuance and sale of the Bond, including any investment earnings thereon, will be invested and expended as set forth in such Tax Compliance Certificate and that the City shall comply with the other covenants and representations contained therein, and (b) the City will comply with the provisions of the Code to the extent necessary to ensure that the Bond continues to qualify as a QZAB. 11. Filing 'of Resolution. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 12. Further Actions. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bond and any such action previously taken is hereby ratified and confirmed. 220 13. Election Under Public Finance Act. The Council hereby elects pursuant to Section !5.2-260! of the Virginia Code to issue the Bond under the Public Finance Act of 199!, as amended, without regard to the requirements, restrictions or other provisions contained in the Charter of the City or local or special act applicable to the City. !4. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on December 20, 2004, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting on the foregoing resolution was as follows: Present C. Nelson Harris, Mayor X Beverly T. Fitzpatrick, Vice Mayor X M. Rupert Cutler X Alfred T. Dowe, Jr. X Sherman P. Lea X Brenda L. McDaniel X Brian J. Wishneff X Absent Aye Nay Abstain X X X X X X X WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this 20th day of December, 2004. S/Mary F. Parker Clerk, City of Roanoke, Virginia APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 221 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of December, 2004. No. 36925-122004. AN ORDINANCE to amend {}36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 115 and 127, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, on December 5, 2002, Bland A. Painter, III, BettyJ. Painter, and FR-1 Investments, LLC filed an application to the Council of the City of Roanoke to rezone 7.92 acres, more or less, identified as Official Tax Nos. 1272504, 1272505, 1150103, and a portion of 1150106, from LM, Light Manufacturing District, to C-2, General Commercial District, with proffers, which property was rezoned by the adoption of Ordinance No. 36184-121602, adopted December 16, 2002; WHEREAS, on July 28, 2004, The Branch Family, LLC filed an application to the Council of the City of Roanoke to rezone certain property located at 2203 Franklin Road, S.W., identified as Official Tax No. 1150104, and two additional parcels on Franklin Road, identified as Official Tax Nos. 1150102 and 1150112, from LM, Light Manufacturing District, to C-2, General Commercial District, with proffers, which property was rezoned by the adoption of Ordinance No. 36862-092004; and WHEREAS, Bland A. Painter, III, BettyJ. Painter, and FR-1 Investments, LLC have made application to the Council of the City of Roanoke to have twelve (12) tracts of land and rights-of- ways lying and being in the City of Roanoke, Virginia, at the intersection of Wonju Street and Franklin Road, S.W., consisting of 10.706 acres, more or less, identified as Official Tax Map Nos. 1272507, 1150108, 1272504, 1272505, 1150103, 1150102, 1150104, 1150112, 1150106, and 1150109, a .31 acre portion of right-of-way owned by Norfolk Southern Corporation, and a .30 acre portion of right-of-way owned by the Commonwealth of Virginia, rezoned from C-2, General Commercial District, C-2, General Commercial District, with conditions, and LM, Light Manufacturing District, to INPUD, Institutional Planned Unit Development District, subject to certain conditions proffered by the applicant. WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; 222 WHEREAS, a public hearing was held by City Council on such application at its meeting on December 20, 2004, after due and timely notice thereof as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 115 and 127 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: Those certain twelve (12) tracts of land and rights-of way lying and being in the City of Roanoke, Virginia, at the intersection of Wonju Street and Franklin Road, S.W., consisting of 10.706 acres, more or less, a .31 acre portion of right-of-way owned by Norfolk Southern Corporation, and a .30 acre portion of right-of-way owned by the Commonwealth of Virginia and designated on Sheet Nos. 11S and 127 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1272507, 1150108, 1272504, 1272505, 1150103, 1150102, 1150104, 1150112, 1150106, and 1150109, be, and are hereby rezoned from C-2, General Commercial District, C-2, General Commercial District, with conditions, and LM, Light Manufacturing District, to INPUD, Institutional Planned Unit Development District, subject to the proffers contained in the Fourth Amended Petition filed in the Office of the City Clerk on November 23, 2004, and that Sheet Nos. 115 and 127 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 223 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of December, 2004. No. 36926-122004. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 103, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to the Institutional Development Plan, entitled Riverside Corporate Centre, dated October 5, 2004, revised November 11 and November 24, 2004, and certain conditions proffered by the applicants; and dispensing with the second reading by title of this ordinance. WHEREAS, Carillon Medical Center, CHS, Inc., and B & B Holdings, LLC have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, and C-l, Office District, to INPUD, Institutional Planned Unit Development District, subject to the Institutional Development Plan, entitled Riverside Corporate Centre, dated October 5, 2004, revised November 11 and November 24, 2004, and subject to certain conditions proffered by the applicants; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on December 20, 2004, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 103 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: 224 Those sixteen parcels of land located on Reserve Avenue, S.W., Franklin Road, S.W., and Jefferson Street, S.W., and designated on Sheet No. 103 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1032203, 1032209, 1032208, 1032207, 1032106, 1032105, 1032104, 1032103, 1032102, 1032101, 1032006, 1032005, 1032002, 1032001, 1032201 and 1031902, be, and are hereby rezoned from HM, Heavy Manufacturing District, and C-1, Office District, to INPUD, Institutional Planned Unit Development District, subject to the Institutional Development Plan, entitled Riverside Corporate Centre, dated October 5, 2004, revised November 11 and November 24, 2004, and certain conditions proffered by the applicant, contained in the Third Amended Petition filed in the Office of the City Clerk on December 7, 2004, and that Sheet No. 103 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of December, 2004. No. 36927-122004. AN ORDINANCE authorizing the City Manager to enter into a land disposition and development agreement between the City of Roanoke and Colonial Green L.C., to provide for the conveyance, in phases, of approximately 23 acres of City property on Colonial Avenue, S. W., to Colonial Green, L.C., the developer, in exchange for the development and creation of a mixed density traditional neighborhood community design and layout consistent with the City's Vision 2001 - 2020 Comprehensive Plan, and furnishing all required site development infrastructure for the project, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 225 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, an agreement with Colonial Green, L.C., to provide for conveyance of City property on Colonial Avenue, S. W., to Colonial Green, L. C., in exchange for the development and creation of a mixed density traditional neighborhood community design layout consistent with the City's Vision 2001 - 2020 Comprehensive Plan, and furnishing all required site development infrastructure, upon such terms and conditions as are more particularly described in the City Manager's letter and attachments, dated December 20, 2004, to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'" day of December, 2004. No. 36928-122004. AN ORDINANCE authorizing the City Manager to execute an amendment to the Lease Agreement between the City of Roanoke and the United States General Services Administration for office space in the Commonwealth Building, located at 210 Church Avenue, to extend the expiration date of the current lease agreement from October 31, 2004, to December 31, 2004, with an option to lease such space on a month-to-month basis not to exceed ninety (90) days, upon expiration of the lease agreement, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. Whereas, a public hearing was held on December 20, 2004, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said lease extension. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 226 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, an amendment to the Lease Agreement between the City of Roanoke and the United States General Services Administration for office space in the Commonwealth Building, located at 210 Church Avenue, to extend the expiration date of the current lease agreement from October 31, 2004, to December 31, 2004, with an option to lease such space on a month-to-month basis not to exceed ninety (90) days, upon expiration of the lease agreement, as more particularly set forth in the City Manager's letter dated December 20, 2004, to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'd day of January, 2005. No. 36929-010305. AN ORDINANCE to appropriate funding for the FY05 Fifth Planning District Regional Disability Services Board Grant, amending and reordaining certain sections of the 2004-2005 General and Grant Funds 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 2004-2005 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Fees For Professional Services Transfer To Grant Fund 001-630-1270-2010 001-250-9310-9535 $(1,518.00) 1,518.00 227 Grant Fund Appropriations Fees For Professional Services Revenues Fifth District Disability Services Board- Other Local Fifth District Disability Services Board- Local Fifth District Disability Services Board- State 035-630-5171-2010 035-630-5171-5209 035-630-5171-5210 035-630-5171-5211 $19,301.00 2,783.00 1,518.00 15,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3~ day of January, 2005. No. 36930-010305. AN ORDINANCE to appropriate funding for the Western Virginia Workforce Development Board to administer the Marketing Communications Outreach Pilot program, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Marketing Revenues WlA Outreach Pilot Program FY05 035-633-2315-8053 035-633-2315-2315 $10,000.00 10,000.00 228 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A~-I'EST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3~ day of January, 2005. No. 36931-010305. A RESOLUTION authorizing acceptance of a grant award for the Western Virginia Workforce Development Board Marketing Communications Outreach Pilot Program, for the development and deployment of a strategic marketing implementation plan by selected Local Workforce Investment Boards that promotes awareness of the Virginia Workforce Network, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant award for the Western Virginia Workforce Development Board Marketing Communications Outreach Pilot Program, for the development and deployment of a strategic marketing implementation plan by selected Local Workforce Investment Boards that promotes awareness of the Virginia Workforce Network, in the amount of $].0,000.00, as more particularly described in the City Manager's letter to Council dated January 3, 2005, is hereby ACCEPTED. 2. The City Manager is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these funds and to furnish such additional information as may be required in connection with the City's acceptance of these grant funds. All documents shall be on form approved by the City Attorney. APPROVED ~a~ESFiPa~rker ~. ~ City Clerk C. Nelson Harris Mayor 229 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'd day of January, 2005. No. 36932-010305. AN ORDINANCE to appropriate funding for the Western Virginia Workforce Development Board Programs, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Wages Telephone Leases Travel Supplies Marketing Contractual Services Equipment Insurance Fees For Professional Services Wages Telephone Leases Travel Supplies Marketing Contractual Services Equipment Insurance Fees For Professional Services Wages Telephone Leases Travel Supplies Marketing Contractual Services Equipment Insurance Fees For Professional Services 035-633-2310-8050 035-633-2310-8090 035-633-2310-8058 035-633-2310-8052 035-633-2310-8055 035-633-2310-8053 035-633-2310-8057 035-633-2310-8059 035-633-2310-8056 035-633-2310-2010 035-633-2311-8050 035-633-2311-8090 035-633-2311-8058 035-633-2311-8052 035-633-2311-8055 035-633-2311-8053 035-633-2311-8057 035-633-2311-8059 035-633-2311-8056 035-633-2311-2010 035-633-2312-8050 035-633-2312-8090 035-633-2312-8058 035-633-2312-8052 035-633-2312-8055 035-633-2312-8053 035-633-2312-8057 035-633-2312-8059 035-633-2312-8056 035-633-2312-2010 $ 40,O95.00 585.00 3,278.00 1,463.00 975.00 1,788.00 8,125.00 650.00 1,138.00 162.00 7,952.00 114.00 634.00 284.00 189.00 346.00 158,546.00 126.00 220.00 31.00 7,950.00 114.00 636.00 283.00 189.00 347.00 173,130.00 126.00 221.00 32.00 23O Wages Telephone Leases Travel Supplies Marketing Contractual Services Equipment Insurance Fees For Professional Services Wages Telephone Leases Travel Supplies Marketing Contractual Services Equipment Insurance Fees For Professional Services Revenues Workforce Investment Act Grant FY05 035-633-2313-8050 $ 4,195.00 035-633-2313-8090 61.00 035-633-2313-8058 336.00 035-633-2313-8052 149.00 035-633-2313-8055 100.00 035-633-2313-8053 183.00 035-633-2313-8057 115,781.00 035-633-2313-8059 66.00 035-633-2313-8056 117.00 035-633-2313-2010 16.00 035-633-2314-8050 1,989.00 035-633-2314-8090 28.00 035-633-2314-8058 159.00 035-633-2314-8052 71.00 035-633-2314-8055 47.00 035-633-2314-8053 86.00 035-633-2314-8057 49,384.00 035-633-2314-8059 31.00 035-633-2314-8056 55.00 035-633-2314-2010 8.00 035-633-2311-2311 582,591.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3~ day of January, 2005. No. 36933-010305. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act funding of $582,591.00 and authorizing the City Manager to execute the requisite documents necessary to accept the funding. 231 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Western Virginia Workforce Development Board Workforce Investment Act funding of $582,591.00 is hereby ACCEPTED. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite documents necessary to accept funding, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set out in the City Manager's letter dated January 3, 2005, to City Council. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'd day of January, 2005. No. 36934-010305. A RESOLUTION authorizing payment of supplementary compensation and restoration of certain benefits to certain employees called to active military duty. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City shall pay, upon request, to any City employee who is a military reservist and who, between October 1, 2004, and September 30, 2005, is called to and serves in active duty related to our country's war on terrorism, subsequent to that employee's employment with the City, a supplement equal to the difference between that employee's regular City salary and military base pay plus any other compensation received for military service. This supplement shall not be paid for any days that regular City salary must be paid to such employees. Employees shall provide the Department of Human Resources with the necessary documentation to establish their eligibility for the supplement. 2. Each such employee shall be deemed to have earned City vacation, paid and extended illness leave for the period of such active duty in the same manner as if such employee had remained in service with the City. 232 3. For each such employee who returns to service with the City within seven (7) working days of the conclusion of such active military duty, the City shall pay the City portion of the health and dental benefit premiums necessary to provide coverage for the employee effective upon the date of return to service with the City. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3~ day of January, 2005. No. 36935-010305. AN ORDINANCE amending Ordinance No. 36693-051304, adopted May 13, 2004, adopting and establishing, among other things, a Pay Plan for officers and employees of the City effective July 1, 2004, by amending Paragraph 14 which provides for a pay stipend for members of the Architectural Review Board upon attainment of certification through the Virginia Certified Architectural Review Program, by suspending the requirement for certification until the Virginia Certified Architectural Review Program is fully developed and made operational by the Virginia Department of Historic Resources (VHDR); and dispensing with the second reading by title paragraph of this ordinance. WHEREAS, the VHDR is in the process of developing a certification program for members of local Architectural Review Boards, however, the program is neither fully developed nor operational at this time; and WHEREAS, Ordinance No. 36693-051304, generally referred to as the Pay Plan Ordinance, is adopted annually by City Council, and it is desirable that the provision in Paragraph 14, requiring certification of members of the Architectural Review Board under the Virginia Certified Architectural Review Program prior to receiving the monthly stipend provided for their services, be suspended until the certification Program is fully developed and made operational by the Virginia Department of Historic Resources; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 233 1. Paragraph 14 of Ordinance No. 36639-051304, adopted May 13, 2004, is hereby amended and shall read and provide as follows: 14. A pay stipend of $100.00 per month, or $1,200.00 annually, paid monthly, shall be awarded to members of the Architectural Review Board. The requirement for certification of members by the Virginia Certified Architectural Review Program, adopted by Council effective July 1, 2004, is hereby suspended until the Program has been fully developed and made operational by the Virginia Department of Historic Resources (VHDR). 2. All other provisions of Ordinance No. 36693-051304, adopted on May 13, 2004, shall remain in full force and effect. 3. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of January, 2005. No. 36936-011805. A RESOLUTION discontinuing the limited access feature along a portion of Wonju Street as part of Route 220, pursuant to §33.1-58, Code of Virginia (1950), as amended. WHEREAS, Route 220 and a portion of Relocated 23'd Street (present Wonju Street), as a part of such Route 220, State Highway Projects 0220-128-102, RW-202 and 6220-128-105, RW-201, in the City of Roanoke, were designated as Limited Access Highways by the State Highway Commission, predecessor of the Commonwealth Transportation Board ("Board"), on March 7, 1968, and May 19, 1972; 234 WHEREAS, in connection with the above-referenced projects, the Commonwealth acquired certain lands and limited access rights; WHEREAS, the Board has stated by resolution that the Commonwealth Transportation Commissioner ("Commissioner") has certified in writing that a certain 13,373 square feet, more or less, of the land referenced above and lying east of and adjacent to present Wonju Street does not constitute a section of the public road and was deemed by the Commissioner as no longer necessary for the uses of the State Highway System; and WHEREAS, by Resolution dated November 18, 2004, the Board approved a change in the limited access feature along a portion of Wonju Street, such change and the affected portion of Wonju Street described in more detail in the Resolution dated November 18, 2004. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby discontinues the limited access feature along a portion of Wonju Street as part of Route 220, pursuant to §33.1-58, Code of Virginia (1950), as amended, such portion more particularly described in the Resolution of the Commonwealth Transportation Board dated November 18, 2004, all of which is more particularly described in the attachment to the City Manager's letter dated January 18, 2005, to this Council. 2. The City Clerk is directed to transmit an attested copy of this resolution to the Commonwealth Transportation Commissioner. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of January, 2005. No. 36937-011805. AN ORDINANCE to appropriate funds for the Fire Program Grant, amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 235 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment <$5,000 Training and Development Wearing Apparel Recruiting Regional Fire Training Academy Revenues Fire Program FY05 035-520-3235-2035 035-520-3235-2044 035-520-3235-2064 035-520-3235-2065 035-520-3235-9073 035-520-3235-3235 $ 61,915.00 10,000.00 50,000.00 5,000.00 60,000.00 186,915.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'" day of January, 2005. No. 36938-011805. A RESOLUTION authorizing the acceptance of the FY2005 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs and authorizing the execution and filing by the City Manager of any documents required by the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made by the Virginia Department of Fire Programs of the FY2005 Fire Programs Funds Grant in the amount of $186,914.76. 236 2. The City Manager or the Assistant City Manager for Operations is hereby authorized to accept, execute, deliver and file on behalf of the City, after approval by the City Attorney, any documents required by the FY2005 Fire Programs Funds Grant. 3. The City Manager or the Assistant City Manager for Operations is further directed to furnish such additional information as may be required by the Virginia Department of Fire Programs in connection with the City's acceptance of the foregoing grant or with such project. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of January, 2005. No. 36939-011805. AN ORDINANCE to transfer funding for Aviation Drive, Towne Square Boulevard and Huff Lane Streetscape Improvements Projects, amending and reordaining certain sections of the 2004-2005 Capital Projects 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 2004-2005 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated Appropriated Appropriated Funds Appropriated Appropriated Funds Appropriated from General Revenue from General Revenue from 1999 Bond from General Revenue from 1999 Bond from General Revenue 008-530-9830-9003 008-530-9831-9003 008-530-9831-9001 008-530-9803-9003 008-530-9803-9001 008-052-9606-9003 $ 250,000.00 60,000.00 90,000.00 (310,000.00) (90,000.00) (100,000.00) 237 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of January, 2005. No. 36940-011805. A RESOLUTION authorizing the City Manager to submit a street inventory for State maintenance payment eligibility to the Virginia Department of Transportation ("VDOT"), upon forms prescribed by VDOT for approval by the Commonwealth Transportation Board, in order to ensure the City's eligibility for State maintenance funds. WHEREAS, Section 33.:~-41.1 of the Code of Virginia (1950), as amended, established eligibility criteria for localities for receiving funds from VDOT for street maintenance purposes; and WHEREAS, inventory additions and deletions must be submitted to VDOT in order to be eligible for payment. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to submit inventory additions and deletions to VDOT for approval by the Commonwealth Transportation Board in order to enable the City's eligibility for State street maintenance funds, as set forth in the City Manager's letter dated January 18, 2005, to this Council. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor 238 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'" day of January, 2005. No. 36941-011805. AN ORDINANCE to appropriate TEA-21 Enhancement Grant funding to be provided by VDOT for the Roanoke River Greenway Project, amending and reordaining certain sections of the 2004-2005 Capital Projects 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 2004-2005 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds Revenues Roanoke River Greenway - TEA21 008-620-9753-9007 008-620-9753-9912 $200,000.00 200,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of January, 2005. No. 36942-011805. A RESOLUTION requesting that the Commonwealth Transportation Board establish an enhancement project for the Roanoke River Greenway. WHEREAS, in accordance with the Commonwealth Transportation Board's construction allocation procedures, it is necessary that a request by resolution be received from the local government in order that the Virginia Department of Transportation program an enhancement project in the City of Roanoke; and 239 WHEREAS, the Council of the City of Roanoke supports the development of Phase 2 of the Roanoke River Greenway Project (Wasena Park to City of Salem). THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby endorses and requests that the Commonwealth Transportation Board establish a project for the development of Phase 2 of the Roanoke River Greenway Project (Wasena Park to City of Salem), such project being more particularly described in the City Manager's letter dated January 18, 2005, to City Council. 2. Pursuant to the Transportation Equity Act for the 21s' Century, the City hereby agrees to be responsible for the match requirement of $50,000.00 for the development of Phase 2 of the Roanoke River Greenway Project (Wasena Park to City of Salem) and that if the City subsequently elects to cancel this project, the City hereby agrees to reimburse the Virginia Department of Transportation (the "Department") for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 3. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements with the Department providing for the programming of such project, such agreements to be in such form as is approved by the City Attorney. 4. The City Clerk is directed to forward a copy of this resolution to the appropriate officials at the Commonwealth Transportation Board. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 240 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'~ day of January, 2005. No. 36943-011805. AN ORDINANCE amending Article II, Procedure for Election of School Trustees, of Chapter 9, Education, Code of the City of Roanoke (1979), as amended, by repealing §§9-16, through 9-23, relating to the election of school trustees, and by adding a new §9-24, Filling of vacancies on school board, in order to simplify the process of filling such vacancies; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Article II, Procedure for Election of School Trustees, of Chapter 9, Education, Code of the City of Roanoke (1979), as amended, is hereby amended by repealing §§9-16 through 9-23, relating to the election of school trustees, and by adding a new §9-24, Filling of vacancies on school board, and such Article shall read and provide as follows: ARTICLE II. PROCEDURE FOR ELECTION OF SCHOOL BOA/?DTRUSTEES At 1~&st Oced;;i'6~ ..... =_-u L....,- ....... 241 "---- "'- -- many cand:,datas 242 243 ~9-24. Fillinq of vacancies on School Board. City council shall, at /east seven (Z) days pr/or to the appointment of any school board trustee, hold one or more pub/lc hearings to receive the views of citizens. At /east ten (10) days prior to any such hearing, public notice shall be given by publication in a newspaper of genera/circulation in the city. Before any person is appointed to the school board, the individual's name shall be considered at a pub/lc hearing. 2. Pursuant to §12 of the Roanoke Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of January, 2005 No. 36944-011805. AN ORDINANCE to appropriate funding for the Chess Program, Autism Spectrum Disorders Program, Blue Ridge Training Academy, Fallon Park Elementary School and Westside Elementary School Renovations, and heating and air system upgrades for Raleigh Court and Monterey Elementary Schools, amending and reordaining certain sections of the 2004-2005 School and School Capital Projects Funds 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 bf the 2004-2005 School and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 244 School Fund Appropriations Inservice Supplies Supplements Compensation of Teachers Aides Retirement-HIC VRA Social Security Retirement-VRS Health Insurance Professional Health Services Field Trips Other Miscellaneous Payments Education and Recreation Supplies Additions-Machinery and Equipment Supplements Social Security Maintenance Service Contracts Conventions Education Compensation of Teachers Compensation of Supervisors Compensation of Other Professionals Compensation of Clerical Retirement-HIC VRA Social Security Retirement-VRS Health Insurance Compensation of Teachers Retirement-HIC VRA Social Security Retirement-VRS Health Insurance Revenues Federal Grant Receipts Federal Grant Receipts Fees State Grant Receipts Local Match Federal Grant Receipts 030-062-6504-6029-0617 030-062-6505-6553-0129 030-062-6505-6553-0141 030-062-6505-6553-0200 030-062-6505-6553-0201 030-062-6505-6553-0202 030-062-6505-6553-0204 030-062-6505-6553-0311 030-062-6505-6553-0583 030-062-6505-6553-0586 030-062-6505-6553-0614 030-062-6505-6553-0821 030-062-6615-6102-0129 030-062-6615-6102-0201 030-062-6615-6102-0332 030-062-6615-6102-0554 030-063-6864-6100-0121 030-063-6864-6100-0124 030-063-6864-6100-0138 030-063-6864-6100-0151 030-063-6864-6100-0200 030-063-6864-6100-0201 030-063-6864-6100-0202 030-063-6864-6100-0204 030-063-6864-6140-0121 030-063-6864-6140-0200 030-063-6864-6140-0201 030-063-6864-6140-0202 030-063-6864-6140-0204 030-062-6504-1102 030-062-6505-1102 030-062-6615-1103 030-063-6864-1100 030-063-6864-1101 030-063-6864-1102 1,000.00 22,500.00 31,100.00 200.00 4,100.00 3,735.00 2,965.00 21,100.00 2,300.00 2,000.00 17,000.00 23,500.00 5,000.00 200.00 1,800.00 8,000.00 12,516.00 42,620.00 (22,517.00) (17,633.00) (251.00) 8,768.00 32,382.00 37,520.00 42,726.00 658.00 3,269.00 5,936.00 6,549.00 1,000.00 130,500.00 15,000.00 (96,795.00) 397,982.00 (138,644.00) 245 School Capital Proiects Fund Appropriations Appropriated from Literary Loan/VPSA Bonds Appropriated from QZAB Appropriated from Literary Loan/VPSA Bonds Appropriated from General Revenue Appropriated from General Revenue Revenues QZAB Fallon Park Fallon Park Literary Loan Westside Literary Loan 031-065-6067-6896-9006 031-065-6067-6896-9109 031-065-6068-6896-9006 031-065-6071-6896-9003 031-065-6999-6896-9003 031-065-6067-1334 031-065-6067-1454 031-065-6068-1455 $1,160,900.00 439,100.00 3,850,000.00 186,000.00 (186,000.00) 439,100.00 1,160,900.00 3,850,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of January, 2005. No. 36945-011805. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Carilion Medical Center and CHS, Inc. filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; 246 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 the City Council on January 18, 2005, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That 15' alley running between Whitmore Avenue, S.W., and Reserve Avenue, S.W., and parallel to Jefferson St., S.W. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, 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 encroachr~ents on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. 247 BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that 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 Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~t,~.~,,~ Mary F. er City Clerk C. Nelson Harris Mayor 248 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of January, 2005. No. 36946-011805. AN ORDINANCE approving the Fairland and Villa Heights Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Fairland and Villa Heights Neighborhood Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the Fairland and Villa Heights Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on December 16, 2004, and recommended adoption of the Plan and amending Vision 2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Tuesday, January 18, 2005, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Fairland and Villa Heights Neighborhood Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Fairland and Villa Heights Neighborhood Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A~-rEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 249 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'~ day of January, 2005. No. 36947-011805. AN ORDINANCE approving the Grandin Court Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Grandin Court Neighborhood Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the Grandin Court Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on December 16, 2004, and recommended adoption of the Plan and amending Vision 2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Tuesday, January 18, 2005, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Grandin Court Neighborhood Plan and amends Vision 2001 - 2020, the City's Comprehensive Plan, to include the Grandin Court Neighborhood Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~.~ Mary F. Parker City Clerk C. Nelson Harris Mayor 250 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of January, 2005. No. 36948-011805. AN ORDINANCE granting a revocable permit for air rights across a portion of City owned property to allow the construction of a pedestrian bridge to connect the building identified by Official Tax Map No. 4010801, commonly known as 204 Jefferson Street, to the City's Market Square Parking Garage, and to permit the installation of lighting and security cameras in the City's Market Square Parking Garage, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on January 18, 2005, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on this proposed conveyance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute a revocable permit, approved as to form by the City Attorney, granting Colonial Partners, L.L.C., the use of air rights across City owned property to allow the construction of a pedestrian bridge to connect the property located at 204 Jefferson Street, identified as Official Tax Map No. 4010801 to the City's Market Square Parking Garage, identified as Official Tax Map No. 4010805, and to further allow the installation of lig_hting and security cameras in the City's Marking Square Parking Garage, as set forth in the City Manager's letter to Council dated January 18, 2005. 2. Such revocable permit shall be for an initial period of five years and renewable upon the mutual agreement of both parties for additional terms of five years each. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 251 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2005. No. 36949-020705. A RESOLUTION memorializing the late Hunter Booker Andrews, who served as a Senator in the Virginia State Senate for 32 years. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Andrews on Thursday, January 13, 2005; WHEREAS, Mr. Andrews was a native and life-long resident of Hampton; WHEREAS, School in 1938, and earned his 1948; Mr. Andrews received a diploma from Hampton High was a 1942 graduate of The College of William and Mary, law degree at the University of Virginia School of Law in WHEREAS, for four years Mr. Andrews was a United States Naval Officer serving in the Pacific Theater during World War II; WHEREAS, Mr. Andrews maintained a law practice in Hampton until retiring in 2003; WHEREAS, Mr. Andrews led the effort to desegregate schools in the early 1960s, both while a member of the Hampton School Board from 1957 to 1962, and as a State senator in the years that followed, pushing abolition of the poll tax and other measures that erased segregation efforts; WHEREAS, Mr. Andrews served as a State senator for 32 years (1964- 1996), where he established himself as a leader on election law, education and transportation, and pushed to expand Virginia's public colleges and universities; WHEREAS, Mr. Andrews once said his proudest accomplishment in the General Assembly was authoring legislation in the 1960s requiring compulsory school attendance to age 17; WHEREAS, Mr. Andrews was instrumental in passing a bill that required all school systems to offer kindergarten; WHEREAS, during his tenure, Mr. Andrews dominated the Senate, serving for a time as both the Majority Leader (1980-1995) and as Chairman of the Finance Committee, and effecting changes in the dynamics of State budgeting still felt today; 252 WHEREAS, Mr. Andrews was always caring about all of Virginia, notably Roanoke and Western Virginia's interests, and he exemplified the qualities of a true statesman in his understanding that the General Assembly was responsible for all the people of the Commonwealth no matter where they lived in the Commonwealth; and WHEREAS, at the end of his service as Senator, Mr. Andrews re- emerged on Capitol Square as an elder statesman, serving on boards and commissions dealing with cost-effective government and reining in fiscal crises that arrived with the 21st century. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Hunter Booker Andrews, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Andrews' wife, Cynthia Bentley Robinson Andrews, of Hampton, Virginia. APPROVED Aq-I'EST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2005. No. 36950-020705. A RESOLUTION memorializing the late Eunice R. Poindexter, a Roanoke native and former school teacher, church historian, and civil rights activist. WHEREAS, the members of Council learned with sorrow of the passing of Ms. Poindexter on Thursday, January 13, 2005; WHEREAS, Ms. Poindexter was a native and life-long resident of Roanoke; 253 WHEREAS, Ms. Poindexter taught drama and music at the former Lucy Addison High School for ! 7 years and later at the Booker T. Washington Junior High School and Breckinridge Junior High School, totaling more than 40 years; WHEREAS, students of Ms. Poindexter, who was known as "Lady P.," have described her as a person who could bring learning alive; WHEREAS, throughout her life, Ms. Poindexter was a member of First Baptist Church in Gainsboro where she served in many areas including as a member of the Sunday School Orchestra, a Sunday School teacher, Daily Vacation Bible School Counselor, director of the Young People's Choir (for 13 years), the founder and director of the First Baptist Church Drama Guild, and Vice President of the Trustee Board; and assisted in directing the Church Choir; WHEREAS, after serving as church historian for a number of years, Ms. Poindexter wrote a book titled Journey of Faith: A History of First Baptist Church; and WHEREAS, Ms. Poindexter served on a number of boards and committees dealing with race and was active in her community through organizations such as Beta Chi Omega Chapter of Alpha Kappa Alpha Sorority (founder and president), Les Joyeuses Amies (founder and president), the Moles magazine (national editor), the Roanoke Chapter of the Moles (founder and president), the Burrell Memorial Hospital Association (president), the Mental Health Association (secretary and vice president), and YWCA of Roanoke Valley. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Eunice R. Poindexter, and extends to her family its sincerest condolences. resolution Virginia. The City Clerk is directed to forward an attested copy of this to Ms. Poindexter's sister, Odelle P. Mebane, of Roanoke, ATTEST: Mary F. City Clerk APPROVED C. Nelson Harris Mayor 254 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2005. No. 36951-020705. A RESOLUTION memorializing the late William Armand Sowers, a long-time Roanoke resident, well-known architectural engineer, and member of the Planning Commission for sixteen years. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Sowers on Thursday, January 20, 2005; WHEREAS, Mr. Sowers was a native of Willis, Virginia; WHEREAS, Mr. Sowers graduated from Willis High School in 1940 and attended Roanoke College; WHEREAS, Mr. Sowers graduated from Virginia Polytechnic Institute and State University in 1946 with a B. S. in civil engineering and a B. S. in architectural engineering; WHEREAS, Mr. Sowers served his country in the United States military during World War II; WHEREAS, Mr. Sowers moved to Roanoke in 1948 and began his career as an engineer; WHEREAS, over his 50-year career, Mr. Sowers designed engineering features for building projects throughout the City of Roanoke, including the Roanoke Civic Center, Roanoke Memorial Hospital, and projects in many other cities; WHEREAS, Mr. Sowers was a member of the Roanoke Planning Commission for 16 years, from 1977 until 1992, serving as chair for four years; WHEREAS, Mr. Sowers was very active on the American Consulting Engineering Council and served as national secretary-treasurer and national president; WHEREAS, Mr. Sowers served on the Roanoke Chamber of Commerce Board of Directors and was a long-time member of the Roanoke Kiwanis Club; WHEREAS, after undergoing chemotherapy for his cancer, Mr. Sowers was a regular volunteer at the Carilion Cancer Center of Western Virginia for five years; 255 WHEREAS, Mr. Sowers was a member of Saint John Lutheran Church. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of William Armand Sowers, and extends to his family its sincerest condolences. resolution Virginia. The City Clerk is directed to forward an attested copy of this to Mr. Sowers' widow, Gale Johnson Sowers, of Roanoke, APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2005. No. 36952~020705. A RESOLUTION urging the Governor and the General Assembly to make transportation a primary focus of the 2005 Session of the General Assembly. WHEREAS, the Council of the City of Roanoke has long supported the use of dedicated State funds for stable and long term solutions for transportation funding problems; WHEREAS, the Commonwealth Transportation Board has documented that more than $200 billion is needed to meet Virginia's transportation needs over the next 20 years; WHEREAS, Virginia's Transportation Trust Fund (TTF) supports funding of the transportation modes of highways, rail and public transportation, aviation, and ports; WHEREAS, the TTF has not had a significant infusion of dedicated funds since its establishment in 1986; 256 WHEREAS, the TTF consists of a dedicated portion of the State sales and use tax, the dedicated portions of the State tax on fuels, and other transportation related fees, includin9 the DMV registration fee and the motor vehicle sales and use tax; WHEREAS, the Council of the City of Roanoke recognizes that a healthy transportation program supported with dedicated funds protects core government services, including K-12 education and public safety, that rely on State general funds; WHEREAS, as the State demonstrated with the enactment of the Virginia Transportation Act (VTA) in 2000, relying on State general funds to support transportation funding is akin to mortgaging a new home solely on high interest credit cards: the capital is costly, and the debt ultimately must be paid in another fashion; WHEREAS, in the case of the VTA, the debt was transferred back to the TTF, thus increasing current transportation debt to fourteen per cent of total transportation spending (as opposed to approximately one per cent in 1989), and reducing the amount of funding available for construction; WHEREAS, the Virginia Department of Transportation (VDOT) estimates that total transportation revenue growth will average only two per cent for the next six years; WHEREAS, State transportation revenue flowing to the primary, secondary, and urban systems will continue to decline to a critical point without an infusion of new dedicated funds; WHEREAS, in fiscal year 2005, only 35 per cent of VDOT's construction funding is allocated to the interstate, primary, secondary and urban systems, commonly referred to as systems construction, as compared to the 58 per cent allocated to systems construction in 1989; WHEREAS, systems construction will decrease on average by 6.7 per cent during each of the next five years, with VDOT expected to spend $792 million on systems construction in Fiscal Year 2005, but only $560.3 million in Fiscal Year 2010; WHEREAS, the reason for the precipitous drop-off in transportation dollars for construction since the early 1990s is due to several factors, including the increased cost of maintenance of an aging infrastructure, an increase in the number of highway users, and an increase in the funds required to pay off debt that was issued in the 1990s; WHEREAS, the construction dollars that are available do not go as far as they once did because of the rise in construction costs; 257 WHEREAS, local officials across Virginia generally agree that additional state funding is required for transportation, including new and increased dedicated funds; WHEREAS, local officials support funding solutions that are systemic and sustainable on a long term basis, as opposed to one-time transfers and short term infusions that only mask the funding problems; WHEREAS, the Commonwealth is experiencing disinvestment in its transportation infrastructure. Absent a major infusion of new and sustained investment in transportation, Virginia faces a transportation crisis that will hinder economic growth and profoundly and negatively affect the quality of life of all residents; and WHEREAS, the Metropolitan Planning Organization's Long-Range Transportation Plan for the City of Roanoke identifies transportation needs of nearly $100 million over the next 20 years, and VDOT's current Six-Year Improvement Plan includes projects to improve lOth Street, improve Wonju Street, and to provide a connection between Hollins Road and 13th Street as well as to provide a number of projects such as signal and ITS Improvements, intersection and miscellaneous spot improvements, mobility and accessibility improvements and transit improvements that will provide significant localized benefits; all of which require a sustainable source of funding over an extended period of time. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke, Virginia, as follows: 1. The Council of the City of Roanoke calls upon the Governor and the General Assembly to make transportation a primary focus of the 2005 Session of the General Assembly, and strongly urges them to aggressively promote and fund public transit alternatives and to strive for equity in fundraising for transportation. 2. The City Clerk is directed to send attested copies of this resolution to the Honorable Mark Warner, Governor, the Honorable Whittington W. Clement, Chairman of the Commonwealth Transportation Board, the Honorable John S. Edwards, Member, Senate of Virginia, the Honorable Onzlee Ware, Member, House of Delegates, and to the Honorable William Fralin, Member, House of Delegates. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor 258 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2005. No. 36953-020705. AN ORDINANCE amending Article II, Real Estate Taxes Generally, Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by the addition of a new Division 8, Tax Exemption for Solar Energy Equipment, Facilities and Devices, consisting of §§32-103.5 through 32-103.17, in order to provide a tax exemption for equipment, facilities and devices designed and used primarily for the collection and use of incident solar energy for water heating, space heating, cooling or other application which would otherwise require a conventional source of energy; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. Article II, Real Estate Taxes Generally, Chapter 32, Taxation, of the Code of the City of Roanoke (1979), is hereby amended by the addition of a new Division 8, Tax Exemption for Solar Energy Equipment, Facilities, and Devices, consisting of §§32-103.5 through 32-103.17 which shall read and provide as follows: ARTICLE II. REAL ESTATE TAXES GENERALLY DIVISION 8. TAX EXEMPTION FOR SOLAR ENERGY EQUIPMENT, FACILITIES AND DEVICES. §32-103. S. Definitions. The following words, terms and phrases, when used in this division shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Certified solar enerqy equipment, facilities or devices means any property, including real or personal property, equipment, facilities or devices, certified by the department of planning, building and development to be designed and used primarily for the purpose of providing for the collection and use of incident solar energy for water heating, space heating or cooling or other application which would otherwise require a conventional source of energy such as petroleum products, natural gas or electricity. 259 §32-103.6. Granted. Certified solar equipment, facilities and devices are hereby declared to be a separate class of property and constitute a classification for city taxation separate from other classifications of real or personal property. Owners of real estate in the city to which is attached certified solar energy equipment, facilities or devices or owners of such equipment, facilities, or devices that are taxable as machinery are hereby granted an exemption from taxation on such certified solar energy equipment, facilities or devices, subject to the limitations and conditions prescribed by this division and by state law. §32-103. 7. Administration. The exemption provided by this division shall be administered by the director of the department of planning, building and development, the director of real estate valuation, commissioner of revenue, and the treasurer. Such officials are hereby authorized and directed to adopt and enforce such reasonable rules and regulations, not in conflict with the provisions of this division, as may be reasonably necessary to determine the value of qualifying solar energy equipment, facilities or devices including, without limitation, requiring the production of documents and the furnishing of answers under oath. §32-103.8. Requirements. The exemption provided by this division shall be granted to applicants meeting the following requirements: (I) The title to the property for which exemption is claimed is held, or partially held, by the person claiming the exemption. (2) The department of planning, building and development has determined, after such solar energy equipment, facilities or devices have been installed and upon inspection thereof, that the subject property performs at least one of the functions set forth in §32-103. S and that it has been installed in conformity with the Virginia Uniform Statewide Building Code and conforms to the requirements set by the regulations of the State Board of Housing and Community Development. 260 §32-I03.9 Application generally. (a) The person claiming an exemption under this division for solar energy equipment, facilities or devices must file an application with the department of planning, building and development on forms provided for that purpose. (b) The application must be accompanied by a complete set of plans and specifications of the solar energy equipment, facilities or devices for which exemption is claimed. The application must also be accompanied by sworn statements of contractors or suppliers attesting to the cost of the purchase and installation of the solar energy equipment, facilities or devices for which exemption is sought. §32-I03.10. Appeals from decisions of the department of planning, building and development. Any person aggrieved by a decision of the department of planning, building and development under this division may appeal such decision to the building code board of appeals, which may affirm or reverse such decision. §32-103. I I. Approval and certification of application. If after receipt of a completed application under this division and an inspection of the subject solar energy equipment, facilities or devices, the department of planning, building and development determines that the requirements for exemption have been met, it shall approve and certify the application and transmit the same to the local assessing officer. §32-I03. 12. Determination of value by local assessing officer. Upon receipt of a certificate from the department of planning building and development pursuant to this division, the local assessing officer shall proceed to establish the value of qualifying solar energy equipment, facilities or devices to be exempted from taxation. The exemption provided by this section shall be determined by applying the local tax rate to the value of such equipment, facilities or devices and subtracting that amount either (i) from the total real property tax due on the real property to which such equipment, facilities or devices are attached or (ii) if such equipment, facilities or devices are taxable as machinery and tools under §$8.1-3507, from the total machinery and tool tax due on such equipment, facilities or devices, at the election of the taxpayer. 261 §32-103. 13. Presumption as to value. For purposes of the administration of this division, and for no other purposes, the value of certified solar equipment, facilities or devices qualifying for exemption shall be presumed to be not less than the normal cost of purchasing and installing such equipment, facilities or devices. §32-103. 14. Effective date and duration of exemption. The exemption determined by the local assessing officer as provided in this division shall be effective beginning the first day of the tax year next succeeding the certification of the department of planning building and development and shall remain in effect for such tax year and the following four (4) tax years. §32-I03.15. Treasurer to be furnished annual list of exemptions; contents of list. Annually on or before August fifteenth in each tax year, the local assessing officer shall furnish to the treasurer a list of all exemptions under this division effective as of the beginning of such tax year. Such list shall show the value of each applicable exemption, multiplied by the tax rate established for the year in question and extended to show the amount of real estate tax on each such property or machinery and tool tax to be exempted each year. §32-103. 16. Exemption to be credited against real estate taxes or against machinery and tool tax. The treasurer shall be entitled to credit the amounts certified by the local assessing officer under §32-103.15 against the total taxes for the tax year in question and shall indicate the amount of each such exemption as a credit on the tax tickets of each qualifying property. §32-103. 17. False claims for exemption. (a) It shall be unlawful for any person falsely to claim an exemption under this division or knowingly make a false statement in connection with any application for such an exemption (b) A violation of this section shall constitute a Class I misdemeanor. 262 2. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2005. No. 36954-020705. AN ORDINANCE amending and reordaining §32-95, Eliqibility of residential real property, and §32-100. Demolition, Division 5, Exemption of Certain Rehabilitated Real Property, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, by amending the eligibility requirements for tax exemption; establishing a limitation on number of years certain exemptions can exist, and by adding an exception to the applicability of exemptions for real property on which demolition of structures have occurred; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. Section 32-95, Eliqibility of residential real orooertv. Division 5, Exemption of Certain Rehabilitated Real Property, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, is hereby amended by changing the eligibility requirements for residential real property, and such section is hereby reordained to read and provide as follows: §32-95. Eliqibility of residential real property. (a) In order to qualify for the exemption from real property taxation for real property substantially rehabilitated for residential use, a structure shall meet all of the following criteria: (1) Be no less than twenty-five (25) years of age; (2) Be improved so as to increase the assessed value of the structure by no less than forty (40) per cent; 263 (4)(3) Be designed for and suitable for residential use, at least in part, after completion of such improvement; and (5)(4) Be improved without increasing the current number of dwelling units. (c) For any residential structure which is assessed, prior to rehabilitation, at $300,000.00 or more, the exemption shall commence July I of the tax year following completion of the rehabilitation, renovation, or replacement of the structure, and shall be limited to three years regardless of any other provision in this Division. 2. Section 32-100, Demolition, Division 5, Exemption of Certain Rehabilitated Real Property, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, is hereby amended by adding an exception to the applicability of exemptions for real property on which demolition of structures has occurred, and shall read and provide as follows: §32-100. Demolition. The exemption provided in this division shall not apply when any existing structure is demolished or razed and a replacement structure is constructed, unless the assessed value of the existing structure is less than $I0,000.00. The replacement structure must be in a single-family residence, and it must have an assessed value of at least 120% of the median value of other dwelling units in the neighborhood, as determined by the director of real estate valuation. Such exemption shall not apply when the structure to be demolished is a Virginia registered landmark, or is determined by the Division of Historic Resources to contribute to the significance of a registered historic district. 3. Pursuant to §12 of the Roanoke Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor 264 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2005. No. 36955-020705. AN ORDINANCE to appropriate funding for the Rescue Squad Assistance Fund Grant, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment (<$5,000.00) Program Activities Revenues Rescue Squad Assistance Fund EKG FYO5-State Rescue Squad Assistance Fund EKG FYO5-Other 035-520-3561-2035 035-520-3561-2066 035-520-3561-3560 035-520-3561-3563 $ 20,000.00 18,000.00 25,000.00 13,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Pa~rker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2005. No. 36956-020705. A RESOLUTION authorizing the acceptance of the Rescue Squad Assistance Fund ("RSAF") Grant made to the City of Roanoke by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents approved as to form by the City Attorney. 265 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Virginia Department of Health, Office of Emergency Medical Services, of the Rescue Squad Assistance Fund Grant in the amount of $25,000.00 2. The City Manager or the Assistant City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of Virginia Department of Health, Office of Emergency Medical Services, RSAF Grant approved as to form by the City Attorney. 3. The City Manager or the Assistant City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Health, Office of Emergency Medical Services, in connection with the City's acceptance of the foregoing grant or with such project. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2005. No. 36957-020705. AN ORDINANCE to appropriate funding for the Police Department Domestic Violence Program Grant, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salary City Retirement FICA Medical Insurance Dental Insurance Life Insurance 035-640-3327-1002 $ 29,358.00 035-640-3327-1105 3,702.00 035-640-3327-1120 2,246.00 035-640-3327-1125 3,540.00 035-640-3327-1126 235.00 035-640-3327-1130 334.00 266 Revenues VSTOP Grant - Local - CY2005 VSTOP Grant - State - CY2005 035-640-3327-3320 $ 4,712.00 035-640-3327-3327 34,703.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2005. No. 36958-020705. A RESOLUTION accepting the Virginia Services, Training, Officers, Prosecution (VSTOP) Violence Against Women Grant offer made to the City by the Virginia Department of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Virginia Services, Training, Officers, Prosecution (VSTOP) Violence Against Women grant offered by the Virginia Department of Criminal Justice Services in the amount of $34,703.00 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires an $11,567.00 in-kind match by the City, is more particularly described in the letter of the City Manager to Council, dated February 7, 2005. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, that may be required for the City's acceptance of this grant, all such documents to be approved as to form by the City Attorney. 267 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED. Mary F. Parker City Clerk Mayor C. Nelson Harris IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2005. No. 36959-020705. AN ORDINANCE to appropriate funding from the Commonwealth for increased staffing in the Department of Social Services, amending and reordaining certain sections of the 2004-2005 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement ICMA Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Purchased Services Regular Employee Sala'ries City Retirement ICMA Match FICA Medical Insurance 001-630-5314-1002 001-630-5314-1105 001-630-5314-1116 001-630-5314-1120 001-630-5314-1125 001-630-5314-1126 001-630-5314-1130 001-630-5314-1131 001-630-5314-3160 001-630-5316-1002 001-630-5316-1105 001-630-5316-1116 001-630-5316-1120 001-630-5316-1125 $ 5,000.00 488.00 225.00 391.00 590.00 39.00 57.00 13.00 (6,803.00) 10,001.00 977.00 225.00 782.00 1,180.00 268 Dental Insurance Life Insurance Disability Insurance Telephone Expendable Equipment Purchased Services Revenues Employment Services 001-630-5316-1126 $ 78.00 001-630-5316-1130 114.00 001-630-5316-1131 26.00 001-630-5316-2020 120.00 001-630-5316-2035 12,450.00 001-630-5316-3160 43,222.00 001-110-1234-0681 9,175.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2005. No. 36960-020705. A RESOLUTION approving a Memorandum of Understanding (MOU) between the Virginia Department of Transportation (VDOT) and the City of Roanoke for the temporary use of non-limited access rights-of-way along 1-581 in connection with the Lick Run Greenway; authorizing the City Manager to execute such MOU; and authorizing the City Manager to take such further action as may be necessary to implement and comply with such MOU. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby requests VDOT's permission to place temporarily a portion of the Lick Run Greenway on VDOT's non-limited access 1-581 right-of-way and agrees that the City will be responsible for all costs associated with removing such Greenway along the area identified in the MOU at such time as future roadway corridor modifications may necessitate the removal of that portion of the Greenway from such temporary location. 269 2. City Council hereby approves the terms of the MOU dated January 20, 2005, attached to the City Manager's letter to Council dated February 7, 2005, and hereby authorizes the City Manager to execute such MOU on behalf of the City, such MOU to be approved as to form by the City Attorney. 3. The City Manager is authorized to take such further action as may be necessary to implement and comply with the MOU, including the removal of the portion of the Greenway referred to in the MOU if such becomes necessary and requested by VDOT. APPROVED ATTEST: City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2005. No. 36961-020705. A RESOLUTION supporting the application or other documents to be filed with the Virginia Department of Rail and Public Transportation by FreightCar Roanoke, Inc., for up to :$450,000.00 in Industrial Access Railroad Track Funds and to state the City's support for FreightCar Roanoke, Inc., receiving such funds. WHEREAS, FreightCar Roanoke, Inc., has expressed its intent and desire to the City of Roanoke to locate its industrial operations in the City of Roanoke; WHEREAS, FreightCar Roanoke, Inc., and its operations will require rail access for such operations; WHEREAS, the officials of FreightCar Roanoke, Inc., have reported to the City their intent to apply for Industrial Access Railroad Track Funds from the Commonwealth of Virginia's Department of Rail and Public Transportation in an amount up to $450,000.00; WHEREAS, the City has been advised that the locality within which the industry is locating must provide a resolution supporting such application; and 270 WHEREAS, FreightCar Roanoke, Inc. (FreightCar), has advised the City of Roanoke that FreightCar will file an application to receive Industrial Access Railroad Track Funds from the Commonwealth of Virginia's Department of Rail and Public Transportation in an amount of up to $450,000.00, and the City wishes to indicate the City's support for such application. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby endorses and supports the application to be filed by FreightCar Roanoke, Inc., for up to $450,000.00 in Industrial Access Railroad Track Funds and makes known the City's desire and intent to assist and cooperate with the Commonwealth of Virginia's Department of Rail and Public Transportation and the Commonwealth Transportation Board so the Department and/or Board can provide the maximum financial assistance to FreightCar Roanoke, Inc., for the purpose of locating FreightCar Roanoke, Inc.'s facility in the City of Roanoke. 2. The City Manager is hereby authorized to execute and file on behalf of the City of Roanoke any and all appropriate documents required in connection with supporting the application to be filed by FreightCar Roanoke, Inc., for FreightCar to receive Industrial Access Railroad Track Funds from the Commonwealth of Virginia in an amount up to $450,000.00, and to take such further action and furnish such additional information as may be required by the Commonwealth regarding such application, all as more fully set forth in the City Manager's letter to Council dated February 7, 2005. APPROVED City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2005. No. 36962-020705. AN ORDINANCE authorizing execution of a Consent to Assignment and endorsement of an Assignment and Assumption Agreement whereby the City of Roanoke approves the assignment and assumption by Cooper Industries, Inc., of its right title and interest in, to and under a certain Lease and Option to Purchase to Cooper Crouse-Hinds, LLC; and dispensing with the second reading by title paragraph of this ordinance 271 WHEREAS, the City and Cooper Industries, Inc., entered into a Lease and Option to Purchase, dated July 7, 1983, for a term of forty years, relating to Parcels 2 and 6 located on Blue Hills Drive, in the Roanoke Centre for Industry and Technology, and Cooper Industries, Inc., has requested the consent of the City to the assignment and assumption from Cooper Industries, Inc., to Cooper Crouse-Hinds, LLC, a Delaware corporation, and requested the endorsement of the City of an Assignment and Assumption Agreement evidencing the City's consent to such assignment; and WHEREAS, it is the desire of the Council of the City of Roanoke to consent to the assignment of the rights, title and interest in, to and under the Lease and Option to Purchase, all as more particularly recommended in the letter of the City Attorney to Council, dated February 7, 2005. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute, and to seal and attest, respectively, a Consent to Assignment, to endorse an Assignment and Assumption Agreement between Cooper Industries, Inc., and Cooper Crouse-Hinds, LLC, each evidencing the consent of the City to the proposed assignment and assumption. 2. Pursuant to §12 of the Roanoke Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED A'i-I'EST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2005. No. 36963-020705. A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of Valley View Mall for Citizen Appreciation Day, and authorizing execution of an agreement with Valley View Mall, LLC, through its agent, CBL Associates Management, Inc., in connection with such use of Valley View Mall. 272 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby waives its sovereign immunity with regard to the City's use of Valley View Mall on April 30, 2005, in connection with its Citizen Appreciation Day activities. 2. The City Manager is hereby authorized to execute, for and on behalf of the City, upon form approved by the City Attorney, an Agreement relating to the City's use of Valley View Mall, on April 30, 2005, for its Citizen Appreciation Day activities. A'I-I'EST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2005. No. 36964-022205. A RESOLUTION memorializing the late Irvin (Earl) Cannaday, Jr., a Roanoke native and former Assistant Principal at Woodrow Wilson Middle School. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Cannady on Monday, February 7, 2005; WHEREAS, Mr. Cannady was a native and life-long resident of Roanoke; WHEREAS, Mr. Cannady was educated at Harrison Elementary and graduated from Addison High School; WHEREAS, before college, Mr. Cannady was a machinist and laborer for Norfolk Western Railroad; WHEREAS, Mr. Cannady received a B.A. from West Virginia State College and an M.A. from Columbia University, and studied at the University of Virginia, Virginia State University, Randolph Macon and Radford University; 273 WHEREAS, Mr. Cannady was a World War II veteran, serving in the 25th Infantry of the 93rd Blue Helmet Division, and was honorably discharged as first sergeant; WHEREAS, Mr. Cannady began his teaching and coaching career at Carver High School in Salem, Virginia, where he started the first football team, coached football for 18 years and basketball for 20 years, and led his teams to win many district titles; WHEREAS, Mr. Cannady coached and taught at his alma mater, Addison High School for 14 years, and left coaching and teaching in 1970 to be the Assistant Principal at Woodrow Wilson Middle School, a position in which he remained until his retirement; WHEREAS, Mr. Cannady received many awards during his 45 years as an educator, including five school annual yearbook dedications, Outstanding Secondary Educator's Award for nine consecutive years, top producer for the YMCA membership drive, the key to the City of Roanoke for meritorious service, and Father of the Year for Roanoke Valley in 1978 for Youth Leadership; WHEREAS, Mr. Cannady was named Father of the Year at First Baptist Church in 1996 where he was a lifetime member and former Trustee; WHEREAS, Mr. Cannady directed former Congressman M. Caldwell Butler's Summer Intern Selection Committee, and received many honors including Anchor of Hope High Street Baptist Church Volunteer Award, The Martin Luther King Humanitarian Award, and NAACP Lifetime Achievement Award; and was inducted into West Virginia State College Coaches Hall of Fame for his outstanding coaching career; WHEREAS, Mr. Cannady retired as an educator in 1995 after 45 years of dedicated service, and loved working with children, always referring to them as "Blessings from God," and tried to make every child feel special. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Irvin (Earl) Cannaday, Jr., and extends to his family its sincerest condolences. 274 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Cannady's widow, Rheba Cannady, of Roanoke, Virginia. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"a day of February, 2005. No. 36965-022205. AN ORDINANCE to appropriate funding for the Fire Programs Heavy and Tactical Rescue Team Grant, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment (<$5,000.00) Revenues Fire Programs Heavy and Tactical Rescue Team Grant FY05-State 035-520-3562-2035 035-520-3562-3564 $42,857.00.00 42,857.00.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor 275 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"d day of February, 2005. No. 36966-022205. A RESOLUTION authorizing the acceptance of the Heavy and Tactical Rescue Team Grant made to the City of Roanoke by the Virginia Department of Fire Programs and authorizing the execution and filing by the City Manager of the conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Virginia Department of Fire Programs of a Heavy and Tactical Rescue Team Grant in the amount of $42,857.00. 2. The City Manager or the Assistant City Manager for Operations is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of the Heavy and Tactical Rescue Team Grant as approved as to form by the City Attorney. 3. The City Manager or the Assistant City Manager for Operations is further directed to furnish such additional information as may be required by the Virginia Department of Fire Programs in connection with the City's acceptance of the foregoing grant or with such project. APPROVED A'I lEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22d Day of February. 2005. No. 36967~022205. RESOLUTION repealing Resolution No. 31012-051892, which adopted a Minority and Women-Owned Business Enterprise Plan; and adopting and endorsing a Plan for Participation in Procurement Transactions of Small Businesses and Businesses Owned by Women and Minorities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 276 1. Resolution No. 31012-051892, which adopted a Minority and Women-Owned Business Enterprise Plan, be and is hereby REPEALED. 2. Council hereby adopts and endorses a Plan for Participation in Procurement Transactions of Small Businesses and Businesses Owned by Women and Minorities, which is attached to the City Manager's letter to Council dated February 22, 2005. 3. Council hereby authorizes the City Manager to take appropriate measures to implement the Plan immediately. APPROVED A'I-FEST: Mary F. Park~e City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"d day of February, 2005. No. 36968-022205. A RESOLUTION expressing the support of the Council of the City of Roanoke to the Virginia Department of Transportation for the improvement of the First Street Bridge. WHEREAS, in accordance with Virginia Department of Transportation ("VDOT") requirements, City Council must document the City's support, by resolution, of a project before an award of federal funds can be made available for the project. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City hereby endorses the improvement of the First Street Bridge, such improvements being more particularly described in the City Manager's letter dated February 22, 2005, to City Council. 2. The City agrees to pay a twenty per cent (20%) match to the federal funds. 277 3. If the City subsequently elects to cancel this project, the City shall reimburse VDOT for the total amount of the costs expended by VDOT through the date VDOT is notified of such cancellation. 4. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements providing for the improvement of the First Street Bridge, such agreements to be in such form as is approved by the City Attorney. 5. The City Clerk is directed to transmit an attested copy of this resolution to VDOT. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"d day of February, 2005. No. 36969-022205. A RESOLUTION abolishing the City of Roanoke Transportation Safety Commission. WHEREAS, the City of Roanoke Highway Safety Commission was established October 21, 1968, by Resolution No. 18389, pursuant to Chapter 562 of the 1968 Acts of the General Assembly of Virginia; WHEREAS, the City of Roanoke Highway Safety Commission was redesignated January 8, 1979, as the City of Roanoke Transportation Safety Commission by Resolution No. 24484; WHEREAS, the Commonwealth of Virginia eliminated the requirement for local jurisdictions to have an active Transportation Safety Commission in order to be eligible for certain federal highway safety funds several years ago; and WHEREAS, the Council of the City of Roanoke wishes to abolish the City of Roanoke Transportation Safety Commission. 278 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke Transportation Safety Commission is hereby abolished. 2. The City Clerk shall transmit to each of the present members of the City of Roanoke Transportation Safety Commission an attested copy of this resolution and express to each member the City's appreciation of their service to the City. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"d Day of February, 2005. No. 36970-022205. A RESOLUTION approving certain amendments to the 2004/2005 and 2002/2003 Annual Updates to the City of Roanoke Five Year Consolidated Plan. WHEREAS, each year, the City receives Community Development Block Grant ("CDBG"), Home Investment Partnership Program ("HOME"), and Emergency Shelter Grant ("ESG") funding from the United States Department of Housing and Urban Development ("HUD") for certain programs and activities; WHEREAS, to receive such CDBG, HOME and ESG funding, the City must submit a Five Year Consolidated Plan ("Plan") and Annual Updates to HUD; WHEREAS, substantial amendments to the Plan must undergo a 30- day public review and comment period and be approved by City Council; WHEREAS, the City has unexpended funds available in several previously planned activities, which funds present an opportunity to assist a number of programs and activities of importance to the community; and 279 WHEREAS, in order to implement new programs and activities and to fund existing programs and activities from the excess income, the 2004/2005 and 2002/2003 Annual Updates to the City of Roanoke Five Year Consolidated Plan must be amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the amendments to the 2004/2005 and 2002/2003 Annual Updates to the City of Roanoke Five Year Consolidated Plan as described in the City Manager's letter dated February 22, 2005, to this Council are approved. A'I-FEST: APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"d day of February, 2005. No. 36971-022205. AN ORDINANCE to appropriate funding to be provided by the VDOT Six-Year Improvement Program for the Riverland Road, Mt. Pleasant Boulevard Intersection, Bennington Street, 10'h Street Crossing Improvements and Signal & ITS Improvements Projects, amending and reordaining certain sections of the 2004-2005 Capital ProJects 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 2004-2005 Capital ProJects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds Appropriated from State Grant Funds Appropriated from State Grant Funds Revenues Riverland Rd./Mt. Pleasant/Bennington St. 10'h Street Crossing Improvements Signal & ITS Improvements 008-530-9512-9007 008-530-9832-9007 008-530-9833-9007 008-530-9512-9913 008-530-9832-9914 008-530-9833-9915 $ 220,000.00 75,000.00 543,000.00 220,000.00 75,000.00 543,000.00 280 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"d day of February, 2005. No. 36972-022205. A RESOLUTION authorizing the City Manager to enter into any and all necessary and appropriate agreements to complete certain projects in the City of Roanoke which are in the Virginia Department of Transportation's Six-Year Improvement Projects. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements to complete certain projects in the City of Roanoke which are in the Virginia Department of Transportation's Six-Year Improvement Projects, such projects being more particularly described in the City Manager's letter dated February 22, 2005, to City Council, such agreements to be in such form as are approved by the City Attorney. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor 281 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"~ day of February, 2005. No. 36973-022205. A RESOLUTION authorizing the City Manager to enter into a 2005 Community Development Block Grant (CDBG) Subgrant Agreement with the Blue Ridge Housing Development Corporation, Inc., regarding the World Changers project, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, a 2005 CDBG Subgrant Agreement with the Blue Ridge Housing Development Corporation, Inc., regarding the World Changers project, as more particularly set forth in the City Manager's letter dated February 22, 2005, to Council, such agreement to be approved as to form by the City Attorney. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"d day of February, 2005. No. 36974-022205. AN ORDINANCE to transfer funds for snow removal, amending and reordaining certain sections of the 2004-2005 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Contingency Chemicals 001-300-9410-2199 001-530-4140-2045 $(130,000.00) 130,000.00 282 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker C. Nelson Harris City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"~ day of February, 2005. No. 36975-022205. AN ORDINANCE to appropriate funding for the GED Fast Track Program and GED Preparation Classes, amending and reordaining certain sections of the 2004-2005 School Funds 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 2004-2005 School Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Compensation of Teachers Social Security Advertising Compensation of Teachers Social Security Educational & Recreational Supplies Revenues Fees Fees 030-062-6780-6550-0121 030-062-6780-6550-0201 030-062-6780-6550-0361 030-062-6776-6550-0121 030-062-6776-6550-0201 030-062-6776-6550-0614 030-062-6780-1103 030-062-6776-1103 $ 5,574.00 426.00 9,000.00 5,109.00 391.00 2,500.00 15,000.00 8,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Pa~ker City Clerk C. Nelson Harris Mayor 283 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"a day of February, 2005. No. 36976-022205. A Resolution supporting the designation of the Blue Ridge Parkway for the Scenic Byway/All American Road Program. WHEREAS, the designation of the Blue Ridge Parkway for the National Scenic Byway/All American Road Program by the Federal Highway Administration would further enhance the importance of this scenic highway, both nationally and internationally; WHEREAS, the Parkway has been in existence for almost 70 years and its significance as a local, state, and national resource has continued to grow; WHEREAS, with approximately 18 million recreational annually, the Blue Ridge Parkway represents a cultural and attraction for the City of Roanoke and the Roanoke Valley; and visitors tourism WHEREAS, with Roanoke being the largest City located adjacent to the Parkway, the future of Roanoke is directly linked to the continued protection, marketing, and enhancement of this important cultural, scenic, and historic resource. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke, Virginia that: 1. City Council supports and endorses the Blue Ridge Parkway's nomination to the Federal Highway Administration for the National Scenic Byway/All American Road program. 2. City Council encourages all other localities adjacent to the Blue Ridge Parkway to endorse the Blue Ridge Parkway's nomination. 3. The City Clerk is authorized to forward a resolution to the National Park Service for inclusion in package to the Federal Highway Administration. copy of this its nomination ATTEST: //~ A P P R O V E D Mary F. Parker City Clerk C. Nelson Harris Mayor 284 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"d day of February, 2005. No. 36977-022205. AN ORDINANCE authorizing the alteration and closing by barricade of certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, The Scott Robertson Memorial Fund filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to alter and close by barricade the public right-of- way described hereinafter; WHEREAS, the City Planning Commission, which 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 the City Council on February 22, 2005, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closure by barricade of the subject public right- of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no substantial inconvenience will result to any individual or to the public from altering and closing by barricade such public right-of-way, and that such alteration will promote the safety and welfare of those using the subject public right-of-way in the vicinity of the right-of-way to be closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: The easternmost 250' of Densmore Road, N.W. be, and hereby is, altered and closed by way of a barricade, as described in such application. 285 BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "Altered and Closed by Barricade" on such right-of-way on all maps and plats on file in this office on which such rights-of-way are shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, an attested copy of this ordinance in order that such Clerk may make proper notations, if any, of the alteration and closing by barricade as described above on all maps and plats recorded in that office on which Densmore Road, N.W., appears. BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"~ day of February, 2005. No. 36978-022205. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, the Western Virginia Water Authority filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public rights-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; 286 WHEREAS, a public hearing was held on such application by the City Council on February 22, 2005, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public rights-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: Those portions of Bennington Street between Official Tax Map Nos. 4340101 and 4330301, 4330615, 4330616, 4330601, 4340201, and Brownlee Avenue; Brownlee Avenue from Bennington Street to a point on the southern side of Official Tax Map No. 4330707, then with a chord bearing N. 82' 28' 57" W., 110.76 feet with a radius of 290° to a point on the northern side of Official Tax Map No. 4340305; Kindred Street from Carlisle Avenue to Underhill Avenue; Underhill Avenue from its westernmost terminus at Kindred Street to the northeastern corner of Official Tax Map No. 4330721; approximately 930 linear feet of included alleys between above street closures; an alley from Kindred Street to the southeastern corner of Official Tax Map No. 4330721 and the northeastern corner of Official Tax Map No. 4330708; an alley from Bennington Street to Kindred Street between Carlisle and Brownlee Avenues; a portion of an alley from Kindred Street to a point on the southern side of Official Tax Map No. 4340304 and a point on the northeastern edge of Official Tax Map No. 4340315, as set forth in the plat dated June 11, 2004, prepared for the Roanoke Regional Wastewater Treatment Plant and attached to the Application for vacating, discontinuing and closing various rights-of-way dated November 18, 2004 287 be, and are hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby are, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portions of the rights-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public rights-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the rights- of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the rights-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 Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 288 BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"d day of February, 2005. No. 36979-022205. AN ORDINANCE approving the amendment of the Southern Hills Neighborhood Plan, and amending Vision 2001 2020, the City's Comprehensive Plan, to reflect the amendment of the Southern Hills Neighborhood Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, by Resolution No. 36110-101502, City Council adopted the Southern Hills Neighborhood Plan (the "Plan") and amended Vision 2001 - 2020, the City's Comprehensive Plan, to include such Plan; WHEREAS, in an application filed with City Council on December 2, 2004, Rockydale Quarries Corporation requested that the Plan be amended; WHEREAS, the request to amend the Plan was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on January 20, 2005, and recommended that the Plan be amended; and WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Tuesday, February 22, 2005, on the proposed amendment of the Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. 289 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby Southern Hills Neighborhood Plan Neighborhood Plan accordingly. approves the amendment of the and amends the Southern Hills 2. That this Council hereby approves the amendment of Vision 2001 - 2020 and amends Vision 2001 - 2020 accordingly. 3. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE cI'rY OF ROANOKE, VIRGINIA, The 22"d day of February, 2005. 36980-022205. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 538, 539, and 453, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, Rockydale Quarries Corporation has made application to the Council of the City of Roanoke to have Official Tax Nos. 5380106, 5380107, 5380108, 5380123, and 5380110, zoned C-1, Office District; Official Tax No. 5380125, zoned RS-l, Residential Single Family District; and Official Tax Nos. 5390110, 5390117, 5390109, 5390108, 5390106, and 5390105, zoned RS-3, Residential Single Family District, be rezoned to HM, Heavy Manufacturing District; and Official Tax Nos. 4530202, 4530203, 4530205, zoned HM, Heavy Manufacturing District, be rezoned to RA, Residential Agricultural District, subject to certain conditions proffered by the applicant; 290 WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on February 22, 2005, after due and timely notice · thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 538, 539, and 453 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: Those properties located on Franklin Road, S.W., Old Rocky Mount Road, S.W., Welcome Valley Road, S.W. and Van Winkle Road, S.W. and designated on Sheet Nos. 538, 539 and 453 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 5380106, 5380107, 5380108, 5380123, and 5380110, zoned C-1, Office District; Official Tax No. 5380125, zoned RS-l, Residential Single Family District; and Official Tax Nos. 5390110, 5390117, 5390109, 5390108, 5390106, and 5390105, zoned RS-3, Residential Single Family 'District, be rezoned to HM, Heavy Manufacturing District; and Official Tax Nos. 4530202, 4530203, 4530205, zoned HM, Heavy Manufacturing District, be rezoned to RA, Residential Agricultural District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on January 31, 2005 and that Sheet Nos. 538, 539 and 453 of the 1976 Zone Map be changed in this respect. 291 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"d day of February, 2005. No. 36981-022205. AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Rockydale Quarries Corporation filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public rights- 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 the City Council on February 22, 2005, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public rights-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public rights-of-way. 292 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of Draper Road from its intersection with U.S. 220 North (Franklin Road) to its terminus at Old Rocky Mount Road; that portion of Old Rocky Mount Road from its terminus on the westerly side of tax parcel number 5370109 traveling north a distance of 1032.66 feet to tax parcel number 5370106; and that portion of Welcome Valley Road from its intersection with Old Rocky Mount Road traveling east an approximate distance of 130.00 feet along tax parcel number 5390110 be, and are hereby permanently vacated, discontinued and closed, upon the meeting of all of the conditions set forth in this ordinance, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the rights-of-way as of the effective date of closure, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public rights-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 th.e right to remove, without the payment of compensatmon or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public rights-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that closure of the subject rights-of-way shall be subject to the following three (3) conditions: i. Applicant shall, at its sole expense, realign the intersection of Welcome Valley Road with Old Rocky Mount Road as approximately shown on the plat labeled Exhibit B-3, attached to the petition filed in the Office of the City Clerk on December 2, 2004, subject to review and approval by the City of Roanoke; 293 2. Applicant shall, at its sole expense, signalize the intersection of Old Rocky Mount Road with U. S. 220 (Franklin Road), subject to those requirements as may be imposed by the Virginia Department of Transportation and/or the City of Roanoke; and 3. Applicant shall, at its sole expense, relocate public utilities within the vacated portions of Old Rocky Mount Road, Draper Road and Welcome Valley Road as required by the City of Roanoke and the affected utilities and Authority. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the rights- of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, and showing the realignment of Welcome Valley Road, referenced above. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all of the conditions in this ordinance, 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 Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if all of the above conditions, including the various filing requirements, are met, the closure shall be effective upon the filing of the subdivision plat identified above. BE IT FURTHER ORDAINED that if the above conditions have not been met by February 22, 2010, then this ordinance shall be null and void with no further action by City Council being necessary. 294 BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"d day of February, 2005. No. 36982-022205. A RESOLUTION authorizing the proper City officials to make a boundary amendment to Roanoke's Enterprise Zone One A that will add certain areas not currently in Enterprise Zone One A; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development for approval of such boundary amendment and to take such further action as may be necessary to obtain and implement such boundary amendment. WHEREAS, there are certain areas currently located outside Roanoke's Enterprise Zone One A that are contiguous to Enterprise Zone One A that are not currently a part of Enterprise Zone One A, but that can be added to Enterprise Zone One A and that will benefit from the designation of those additional areas as part of Enterprise Zone One A, as set forth in a letter from the City Manager to Council dated February 22, 2005; WHEREAS, the Virginia Enterprise Zone Act of 1982, as amended, authorizes the amendment of an existing Enterprise Zone, thereby making qualified business firms which locate or expand within such amended Zone eligible for significant Enterprise Zone benefits as referred to in the above letter; WHEREAS, the addition of certain areas of the City as part of Roanoke's Enterprise Zone One A as set forth above has a potential to stimulate significant private sector investment within the City in areas where such business and industrial growth could result in much needed growth and revitalization; and 295 WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a Public Hearing on the proposed boundary amendment, at which Public Hearing citizens and parties in interest were afforded an opportunity to be heard on the proposed boundary amendment to Enterprise Zone One A. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is hereby applying for an amendment to Roanoke's Enterprise Zone One A, which amendment will add additional areas which are currently outside Enterprise Zone One A. This boundary amendment is more fully shown on the maps attached to the letter to Council dated February 22, 2005, and more fully described in such letter. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the Virginia Department of Housing and Community Development for a boundary amendment to Roanoke's existing Enterprise Zone One A pursuant to the applicable provisions of the Virginia Enterprise Zone Act of 1982, as amended, which boundary amendment will add to Enterprise Zone One A certain areas not currently in Roanoke's Enterprise Zone One A, all as more fully set forth in the above mentioned letter. 3. Council hereby certifies that it held a held a Public Hearing as required by the Virginia Enterprise Zone Program Regulations. 4. The City Manager is authorized to submit to the Virginia Department of Housing and Community Development all information necessary for the application for the boundary amendment to Roanoke's Enterprise Zone One A for the Department's review and consideration and to take such further action as may be necessary to meet other program requirements or to establish the boundary amendment as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. 5. This Resolution shall be effective on and after the date of its adoption. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 296 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"d day of February, 2005. No. 36983-022205. AN ORDINANCE amending Ordinance No. 36782-071904, adopted by City Council on July 19, 2004, by modifying certain local incentives contained therein for Enterprise Zone One A; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for the approval of the above amendment and/or to take such further action as may be necessary to obtain or confirm such amendment; establishing an effective date; and dispensing with the second reading by title of this ordinance; WHEREAS, City's Enterprise Zone One expired on December 31, 2003, but the City received a designation in June 2004 from the Governor of Virginia of a new Enterprise Zone One A retroactive to January 1,2004; WHEREAS, on July 19, 2004, City Council adopted Ordinance No. 36782-071904, which adopted certain local incentives for Enterprise Zone One A, which included grants from the Industrial Development Authority of the City of Roanoke, Virginia (IDA) for water, fire, and sewer hookup fees under certain conditions; and WHEREAS, on July 1, 2004, the Western Virginia Water Authority (WVWA) assumed ownership of the City of Roanoke and Roanoke County water and sewer assets and this has necessitated a change in certain local incentives for water, fire, and sewer hookup fees for Enterprise Zone One A so that the amount of such grants be limited as hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Ordinance No. 36782-071904, adopted by City Council on July 19, 2004, is hereby amended as follows: Paragraph number 6 is deleted effective April 1, 2005, and is hereby replaced by the following paragraph number 6: 297 Subject to the maximum amounts set forth herein, any business firm, property owner, or leaseholder authorized to make improvements, undertaking new building construction and/or rehabilitation work within the City's Enterprise Zone One A shall be entitled to receive a grant from the Industrial Development Authority of the City of Roanoke, Virginia (IDA) equal to an amount up to 100% of water, fire, and sewer hookup fees based on appropriate and approved documentation of the amount of new building construction and/or rehabilitation investment of One Hundred Twenty-Five Thousand Dollars ($125,000) or more undertaken by such business firm, property owner, or leaseholder authorized to make improvements within Enterprise Zone One A. The City will provide funds to the IDA for grants for this local incentive in order to enhance economic development in the area. The uses for such building are to be for profit commercial, mixed-use commercial, or industrial. All water, fire, and sewer hookup fees shall initially be paid in full by the business firm, property owner, or leaseholder authorized to make improvements. Upon completion of the new building construction and/or rehabilitation work and upon proper documentation of the issuance of a permanent certificate of occupancy for the new building and/or proper documentation of completion of the rehabilitation work, the business firm, property owner, or leaseholder authorized to make improvements may then apply for a grant from the IDA under this local incentive. Upon the approval of the application, the business firm, property owner, or leaseholder authorized to make improvements will receive a grant from the IDA of an amount equal to the following percentage of water, fire, and sewer hookup fees the property owner or leaseholder authorized to make such improvements previously paid (without interest), subject to the maximum amount, for such new building construction and/or rehabilitation work: Amount invested Grant Percentage Subject to Maximum Amount $1,000,000.00 or more $900 $800 $700 $600 $500 $400 $300 000.00-$999,999.99 000.00-$899,999.99 000.00-$799,999.99 000.00-$699,999.99 000.00-$599,999.99 000.00-$499,999.99 000.00-$399,999.99 100% 90% 80% 70% 60% 50% 40% 30% 298 $250,000.00-$299,999.99 $125,000.00-$249,999.99 $ 0.00-$124,999.99 2O% 10% O% The maximum amount of the grants referred to above shall be based on the size of the hookup and will be as set forth below: Maximum Water Hookup Grants based on Size of Hookup 5/8" $1,500.00 3" %" $ 1,515.00 4" 1" $1,600.00 6" 1 ½" $2,300.00 8" 2" $2,500.00 10-12" $ 3,960.00 $12,300.00 $ 14,010.00 actual cost up to, but not to exceed $20,043.00 actual cost up to, but not to exceed $22,079.00 Maximum Sewer Hookup Grants based on Size of Hookup 5/8 - 6" 8" 12" $1,5O0.OO actual cost up to, but not to exceed $3,750.00 actual cost up to, but not to exceed $7,500.00 Maximum Fire Hookup Grants based on Size of Hookup 4" $10,300.00 10" 6" $10,800.00 12" 8" $13,300.00 $15,000.00 actual cost up to, but not to exceed $22,250.00 The effective date of the availability of this amended local incentive is April 1, 2005. This amended local incentive shall be available only for water, fire, and sewer hookup fees paid between the period of April 1, 2005, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 2. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Program Regulations. 299 3. The local incentive amendment set forth above and in the City Manager's letter dated February 22, 2005, is supported by Council, but Council notes it is subject to approval by the VDHCD and should it not be approved, such amendment will not become effective so that any prior measures, if any, on the particular matter, will stay in effect. 4. Any funding required for any such local incentives is subject to the appropriation of such funds by Council. 5. As amended, Ordinance No. 36782-071904, adopted July 19, 2004, is hereby affirmed and remains in full force and effect. 6. The City Manager is authorized to submit to the VDHCD all information necessary for approval or confirmation of the above amendment regarding local incentives and to take such further action or to execute such further documents as may be necessary to meet other program requirements or to establish and administer the local incentives as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the purposes as set forth above. 7. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"a day of February, 2005. No. 36984-022205. AN ORDINANCE amending Ordinance No. 35820-041502, adopted by City Council on April 15, 2002, by modifying certain local incentives contained therein; by extending the availability of such local incentives for Enterprise Zone Two and its Subzone through December 31, 2015; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for the approval of the above amendments and/or to take such further action as may be necessary to obtain or confirm those amendments; establishing an effective date; and dispensing with the second reading by title of this ordinance. 300 WHEREAS, on July 1, 1996, City Council adopted Ordinance No. 33019- 070196 approving, adopting, and establishing certain local incentives for the area designated as Enterprise Zone Two in the City of Roanoke, and which applied to a Subzone that was created by a boundary amendment authorized by Resolution No. 34024-092198, adopted by Council on September 21, 1998; WHEREAS, on July 19, 1999, City Council adopted Ordinance No. 34412-071999, for the purpose of providing that the local incentives established for the area designated as Enterprise Zone Two, including the Subzone of Two, shall also apply to the City's Enterprise Zone One as of July 19, 1999, and that the incentives in Enterprise Zone One would likewise apply to Enterprise Zone Two as of that date, except to the extent a local incentive was unique to a particular Enterprise Zone, and such ordinance will remain in effect for such purpose; WHEREAS, Ordinance No. 35414-061801, adopted by City Council on June 18, 2001, provided that the local incentives made applicable to the City's Enterprise Zones would end on December 31, 2003, unless otherwise modified by Council; WHEREAS, on April 15, 2002, City Council adopted Ordinance No. 35820-041502, amending the prior measurers in certain respects, which included extending the local incentives through June 30, 2007, provided that if Enterprise Zone One was not extended by the VDHCD, the local incentives for Enterprise Zone One would terminate on December 31, 2003, when Enterprise Zone One expired; WHEREAS, Enterprise Zone One expired on December 31, 2003, but the City received a designation in June 2004 from the Governor of Virginia of a new Enterprise Zone One A retroactive to January 1, 2004; WHEREAS, on July 19, 2004, City Council adopted Ordinance No. 36782-071904, which adopted certain local incentives for Enterprise Zone One A, which included grants from the Industrial Development Authority of the City of Roanoke, Virginia (IDA) for water, fire, and sewer hookup fees under certain conditions; WHEREAS, on July 1, 2004, the Western Virginia Water Authority (WVWA) assumed ownership of the City of Roanoke and Roanoke County water and sewer assets and this has necessitated a change in the local incentives for Enterprise Zone Two and its Subzone in order to provide that the former rebates for water, fire, and sewer hookup fees now be made by grants from the IDA and that the amount of such grants be limited as hereinafter set forth; and 301 WHEREAS, City Council now wishes to also extend the applicable time period for all local incentives, as amended, for Enterprise Zone Two and its Subzone, from June 30, 2007, through December 31,2015. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Ordinance No. 35820-041502, adopted by City Council on April 15, 2002, is hereby amended as follows: Paragraph number 4 referred to in paragraph I(A) is deleted effective April 1,2005, and is hereby replaced by the following paragraph number 4: (4) Subject to the maximum amounts set forth herein, any business firm undertaking new building construction and/or rehabilitation work within the City's Enterprise Zone Two or its Subzone shall be entitled to receive a grant from the Industrial Development Authority of the City of Roanoke, Virginia (IDA) equal to an amount up to 100% of water, fire, and sewer hookup fees based on appropriate and approved documentation of the amount of new building construction and/or rehabilitation investment of $125,000.00 or more undertaken by such business firm within such Enterprise Zone. The City will provide funds to the IDA for grants for this local incentive in order to enhance economic development in the area. All water, fire, and sewer hookup fees shall initially be paid in full by the business firm. Upon completion of the new building construction and/or rehabilitation work and upon proper documentation of the issuance of a permanent certificate of occupancy for the new building and/or proper documentation of completion of the rehabilitation work, the business firm may then apply for a grant from the IDA under this local incentive. Upon the approval of the application, the business firm will receive a grant from the IDA of an amount equal to the following percentage of water, fire, and sewer hookup fees the business firm previously paid (without interest), subject to the maximum amount, for such new building construction and/or rehabilitation work: Amount invested $1,000,000.00 or more 900,000.00 - 999,999.99 800,000.00 - 899,999.99 700,000.00- 799,999.99 600,000.00 - 699,999.99 Grant Percentaqe Subject to Maximum Amount 100% 90% 8O% 70% 60% 302 500,000.00 - 599,999.99 400,000.00 - 499,999.99 300,000.00 - 399,999.99 250,000.00 - 299,999.99 125,000.00 - 249,999.99 0.00 - 124,999.99 5O% 40% 30% 20% 10% 0% The maximum amount of the grants referred to above shall be based on the size of the hookup and will be as set forth below: Maximum Water Hookup Grants based on Size of Hookup 5/8" $1,500.00 3" ~" $1,515.00 4" 1" $1,600.00 6" 1 ½" $2,300.00 8" 2" $2,500.00 10-12" $ 3,960.00 $12,300.00 $14,010.00 actual cost up to, but not to exceed $20,043.00 actual cost up to, but not to exceed $22,079.00 Maximum Sewer Hookup Grants based on Size of Hookup 5/8 - 6" $1,500 8" actual cost up to, but not to exceed $3,750.00 12" actual cost up to, but not to exceed $7,500.00 Maximum Fire Hookup Grants based on Size of Hookup 4" $10,300.00 10" 6" $10,800.00 12" 8" $13,300.00 $15,000.00 actual cost upto, but notto exceed $22,250.00 The effective date of the availability of this amended local incentive is April 1, 2005. This amended local incentive shall be available only for water, fire, and sewer hookup fees paid between the period of April 1, 2005, through December 31, 2015, at which time such local incentive will end, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. It is the intent of this Ordinance that effective April 1, 2005, all grants for this amended local incentive shall be controlled by this paragraph unless otherwise modified by Council. 303 2. Ordinance No. 35820-041502, adopted by Council on April 15, 2002, is hereby amended so that all references in paragraph 2 of the Ordinance to June 20, 2007, are hereby deemed to be amended and changed to read December 31, 2015, and reference in paragraph 2 to "...the City's Enterprise Zones..." is hereby changed to read "...the City's Enterprise Zone Two and its Subzone." 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Program Regulations. 4. The local incentive amendments set forth above and in the City Manager's letter dated February 22, 2005, are supported by Council, but Council notes they are subject to approval by the VDHCD and should any of them not be approved, those not approved will not become effective so that any prior measures, if any, on the particular matter, will stay in effect. 5. Any funding required for any such local incentives is subject to the appropriation of such funds by Council. 6. As amended, Ordinance No. 35820-041502, adopted April 15, 2002, is hereby affirmed and remains in full force and effect. 7. The City Manager is authorized to submit to.the VDHCD all information necessary for approval or confirmation of the above amendments regarding local incentives and to take such further action or to execute such further documents as may be necessary to meet other program requirements or to establish and administer the-local incentives as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the purposes as set forth above. 8. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A~i-i-EST: Mary F. Parker City Clerk C. Nelson Harris Mayor 304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"* dayof February, 2005. No. 36985-022205. AN ORDINANCE authorizing the conveyance of a variable width easement on City-owned property known as the Roanoke Civic Center, identified by Official Tax Nos. 3024004 and 3014003, to Appalachian Power Company, to extend an existing power line at the Roanoke Civic Center to provide electric service to that facility, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on February 22, 2005, pursuant to §§15.2-1800(B) and 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 that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents donating and conveying a variable width easement on City-owned property known as the Roanoke Civic Center, identified as Official Tax Nos. 3024004 and 3014003, to Appalachian Power Company for the extension of an existing power line to provide electric service to that facility, upon certain terms and conditions, as more particularly set forth in the February 22, 2005, letter of the City Manager to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'I-I'EST: Mary F. Parker City Clerk C. Nelson Harris Mayor 3O5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 2005. No. 36986-030705. A RESOLUTION authorizing execution of an agreement with Roanoke County for Fire and Rescue Automatic Aid in Station 11 and Station 13 service areas of the City of Roanoke. WHEREAS, §§ 27-2, 27-4, and 27-23.9, of the Code of Virginia (1950), as amended, authorize local governments to cooperate in the furnishing of fire and emergency medical response and related rescue issues; WHEREAS, the City of Roanoke and the County of Roanoke have demonstrated a pattern of successful cooperation through the joint operation of the Fire and Rescue Training Center and in the co-staffing arrangement of the County's Clearbrook station; WHEREAS, the City and the County have determined that their regional cooperation efforts can be expanded to provide automatic aid for fire and rescue services in each jurisdiction, specifically in the Hollins and Mount Pleasant areas of the County and the North Williamson Road and Garden City areas of the City, by automatically dispatching the closest fire or rescue equipment to an E-911 call, regardless of the location; and WHEREAS, this cooperative concept of automatic aid to both County and City will improve public safety and service to their citizens by improving response times on both fire and rescue calls in the targeted areas and eliminating the occurrence of emergency equipment actually passing other fire stations on route to an emergency response. BE IT RESOLVED by the City Council of the City of Roanoke, Virginia, as follows: 1. Council hereby approves the Fire and Rescue Automatic Aid Agreement to provide these services in the North Williamson Road and Garden City areas of Roanoke City and the Hollins and Mount Pleasant areas of Roanoke County, substantially in the form attached to the City Manager's letter dated March 7, 2005, and authorizes the City Manager, or her designee, to execute this Agreement on behalf of the City of Roanoke, in such form as approved by the City Attorney. 2. That the City and the County agree to develop and adopt operational, communication, dispatch, safety and medical protocols that meet professional standards for the effective implementation of this Agreement. All operational protocols are to be mutually agreed upon in writing by the Fire Chiefs of the City and the County. 306 3. That the services performed and expenditures made under this Agreement shall be deemed to be for legitimate public and governmental purposes and all immunities from liability enjoyed by the City and its fire/emergency medical services and resource personnel within its boundaries shall extend to its personnel wherever located during their participation under this Agreement. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'h day of March, 2005. No. 36987-030705. A RESOLUTION memorializing the late Edward R. Dudley, a native Virginian and former Roanoke resident, civil rights advocate and retired judge. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Dudley on Tuesday, February 8, 2005; WHEREAS, Mr. Dudley was born in South Boston, Virginia, and grew up in the 400 block of Roanoke's Gilmer Avenue; WHEREAS, Mr. Dudley graduated from Johnson C. Smith College in North Carolina with a B.S. in 1932; WHEREAS, after graduation, Mr. Dudley taught black children in a one- room school in Staunton, Virginia, and drove a school bus to supplement his income because he earned much less than white teachers; WHEREAS, after a year at Howard University on a scholarship in dentistry, Mr. Dudley moved north and became close to his politically connected uncle, a real estate developer; 307 WHEREAS, in New York, Mr. Dudley worked odd jobs and signed on with a public works theater project, serving as stage manager for its unit director, the young Orson Welles; WHEREAS, after the theater project ended in 1938, Mr. Dudley enrolled in law school at St. John's University where he received an LL.B. in 1941, and then went into private practice for a brief time; WHEREAS, Mr. Dudley became active in the community, joining the Carver Democratic Club in Harlem; WHEREAS, Mr. Dudley became an assistant state attorney general -- a job that lasted until Thomas E. Dewey was elected governor in 1942; WHEREAS, for a time, Mr. Dudley worked for the growing Pepsi-Cola Company, drumming up sales at Army camps; WHEREAS, in 1943, Thurgood Marshall, who later became a Supreme Court justice, persuaded Mr. Dudley to join the legal staff of the NAACP, fighting for blacks to be admitted to universities in the South, for equal pay for black teachers, and to end discrimination in public transportation; WHEREAS, despite living in New York and abroad, Mr. Dudley argued civil rights cases throughout the South; WHEREAS, Mr. Dudley was executive assistant to the governor of the Virgin Islands from 1945 to 1947; WHEREAS, beginning in 1948, Mr. Dudley spent five years as President Harry S. Truman's ambassador to Liberia, a key diplomatic post in Africa; and helped oversee Truman's Point Four program of economic assistance for third world countries; WHEREAS, Mr. Dudley used political tact to advance other black diplomats at a time when they were assigned strictly to the "Negro Circuit" - posts in Liberia, Madagascar, and the Azores, his efforts resulting in these diplomats taking positions in Europe; WHEREAS, upon his return to New York in 1953, Mr. Dudley practiced law and directed the NAACP's Freedom Fund; WHEREAS, in 1955, Mayor Robert F. Wagner appointed Mr. Dudley as a justice on the Domestic Relations Court; WHEREAS, Mr. Dudley resigned in 1961 when he was elected by the City Council to serve as Manhattan borough president, after a fellow Harlemite, Hulan E. Jack, quit the position, serving the remainder of Mr. Jack's term and winning election to the post later that year; 3O8 WHEREAS, Mr. Dudley left the borough presidency at the end of 1964 after winning election to a vacancy on the State Supreme Court, and was re-elected in 1978, serving past the usual retirement age, until 1985; WHEREAS, Mr. Dudley was known as a man with his feet on the ground--even though he had gone places, and was regarded by friends and family as a cunning opponent at the card table. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Edward R. Dudley, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Dudley's widow, Rae Oley Dudley, of New York, New York. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 2005. , No. 36988-030705. AN ORDINANCE authorizing the City Manager to execute Amendment No. 1 to the Agreement dated December 24, 2002, between the City of Roanoke and the YMCA of Roanoke Valley, Inc. ("YMCA"), to extend the date by which the YMCA must transfer to the City of Roanoke a portion of the property on which the former YMCA facility is located to April 29, 2005; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 309 I. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, Amendment No. 1 to the Agreement dated December 24, 2002, between the City of Roanoke and the YMCA, to extend the date by which the YMCA must transfer to the City of Roanoke a portion of the property on which the former YMCA facility is located to April 29, 2005. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 2005. No. 36889-030705. A RESOLUTION ratifying the amendments to the bylaws of Blue Ridge Behavioral Healthcare. WHEREAS, the Board of Blue Ridge Behavioral Healthcare has unanimously recommended Amended and Restated Bylaws (the "Amended Bylaws") and has requested the governing body of each political subdivision participating in Blue Ridge Behavioral Healthcare ratify the Amended Bylaws which are more particularly described in the attachment to the City Attorney's letter dated March 7, 2005, to this Council; and WHEREAS, the City of Roanoke is a participating political subdivision in Blue Ridge Behavioral Healthcare, and this Council desires to grant the requested ratification. 310 THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke hereby ratifies the Amended Bylaws of Blue Ridge Behavioral Healthcare. APPROVED ATTEST: Mary F. Parker C. Nelson Harris City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'h day of March, 2005. No. 36990-030705. AN ORDINANCE amending the title of Chapter 27.1, SIGNS, AWNINGS, MARQUEES, CANOPIES, CLOCKS AND THERMOMETERS; amending and reordaining §27.1-1, Requirements, and subsections (1)(a), (1)(c) (1)(d), (4), (5) and (6), of §27.1-2, Projections over sidewalks, streets, alleys or other public property, deleting subsection (1)(b) and adding subsection (7) and of §27.1-2, Projections over sidewalks, streets, alleys or other public property, and amending and reordaining §27.1-6, Signs on public property, of Article I, In General, of Chapter 27.1, SIGNS, AWNINGS, MARQUEES, CANOPIES, CLOCKS AND THERMOMETERS, of the Code of the City of Roanoke (1979), as amended, by identifying additional projections which can be authorized by permit, providing for authorization by the City Manager; and dispensing with the second reading by title of this ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 27.1, SIGNS, AWNINGS, MARQUEES, CANOPIES, CLOCKS AND THERMOMETERS, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read as follows: Chapter 27.1. SIGNS, SIMILAR PRO. IECTIONS OVER CITY RIGHTS-OF-WAY OR PROPERTY. 2. Section 27.1-1, Requirements, of the Code of the City of Roanoke (1979), as amended, is hereby amended by identifying additional projections which can be authorized by a permit, and shall read and provide as follows: 311 Section 27.1-1. Requirements. (a) No sign, marquee, awning, canopy, fire escape, cornice, bay window, clock, or thermometer or other appendage to a building, shall be attached to, or erected on or over, a public sidewalk, right-of- way or over public property, and no permit shall be issued for the attachment or erection of the same, except in conformance with the zoning regulations of the city and the provisions of the Virginia Uniform Statewide Building Code c~f V:--"-:- ,, ~l,,,,a, as amended. (b) No such permit shall be issued unless authorized and approved by the City Manager. 3. Section 27.1-2, Projections over sidewalks, streets, alleys or other public property, of the Code of the City of Roanoke (1979), as amended, is hereby amended by amending subsections (1)(a), (1)(b), (1)(d), (4), (5) and (6), and by adding subsection (7) to read and provide as follows: Section 27.1-2. Projections over sidewalks, streets, alleys or other public property. No sign, marquee, awning, canopy, fire escape, cornice, bay window, clock, or thermometer or other appendage attached to a building shall be attached to, or placed on or project over, any sidewalk, street, alley or other public property, except in conformance with the provisions of the Virginia Uniform Statewide Building Code ~f ":--:-"- -,,u,,,,,~, as amended, and the following provisions: (1) Signs. (a) No sign projecting over any sidewalk, street, alley or other public property shall project more than forty-eight (48) inches from the property line in the area of ten (10) to thirty (30) feet above ground level; sixty (60) inches in the area of thirty (30) to forty (40) feet above ground level; and seventy-two (72) inches in the area above forty (40) feet above ground level; provided, however, that small signs, not exceeding two and one-half (2 1/2) square feet of display surface and not extending over thirty (30) inches from the building line, may be erected with not less than ninety (90) inches clearance above the ground. 312 Within the area of the city zoned C-3, Central Business District, all signs projecting over any sidewalk, street, alley or other public property shall be rigidly secured to the building or structure, and swinging signs are prohibited. Within the dowfftow~ area of the city zoned C- 3, Central Business District, with an overlay zoning of H-l, Historic District, the City Manager may issue permits for moveable A- frame or "sandwich board" signs to be placed on city sidewalks in locations approved by the City Manager, and for such periods of time as are approved by the City Manager, after a certificate of appropriateness for the same has been granted by the architectural review board in compliance with the provisions of section 36.1-327. Such signs shall comply with the city's zoning regulations. Such signs shall not be greater than seven (7) feet in height or two and one-half (2 1/2) feet in width, shall be of durable construction, and when displayed shall be anchored in a manner approved by the City Manager. Fees for such signs shall be as prescribed by city council in the city's fee compendium for permanent signs. Signs for which permits are issued pursuant to this section are not subject to the provisions of Article II of this chapter. Such signs shall not project over any portion of a street used by vehicles nor shall they obstruct the sidewalk to less than six (6) feet in width. (4) 313 Liability insurance. Any person owning any sign, marquee, awning, canopy, fire escape, cornice, bay window, clock, or thermometer or other appendage to building, erected in whole or in part on or over any sidewalk, street, alley or public property and for the erection of which a permit is required pursuant to the provisions of the Virginia Uniform Statewide Building Code or this chapter, shall acquire and maintain in effect a commercial general liability insurance policy which serves to insure the city and its officers, employees and agents, against liability resulting from the erection, · , existence, maintenance, inspection and removal of such sign, marquee, awning, canopy, fire escape, cornice, bay window, clock, or thermometer or other appendage to a building· Such policy shall be one (i) issued by an insurance company authorized to do business in this state and shall provide at a minimum in the amount of one five hundred thousand dollars ~.~,,,,;,~,,;,,.,,,,~ ($$00,000.00) per occurrence for bodily injury, including death, property damage and personal d d tising injury ..... certificate of such insurance shall be filed with and be approved by the building official prior to the issuance of any required permit. Said certificate and policy shall contain a provision binding upon the issuing company agreeing to give the building official at least thirty (30) days prior notice in writing of any cancellation, alteration or termination of such policy or of any intent to do so. In the event that such policy is cancelled, altered or terminated and the policyholder fails to obtain a similar policy, the building official shall refer such noncompliance to the city attorney for appropriate legal action to ensure compliance with this section, including having the sign, marquee, awning, canopy, fire escape, cornice, bay window, clock, or thermometer or other appendage to a building in question removed, if necessary. Those persons having paid an annual fee in order to be covered by the blanket public liability insurance policy authorized by the former section 27.1-2 of this chapter shall comply with the above provisions at the end of the annual period of coverage in effect at the time this chapter is enacted. The City Manager may terminate said blanket liability policy at such time as the last of the annual periods of coverage authorized by former section 27-3 27. 1-2 of this chapter has expired. 314 (S) Indemnification and hold harmless agreement. Prior to the granting of a permit for the erection of any sign, marquee, awning, canopy, fire escape, cornice, bay window, clock, or thermometer or other appendage to a building, on or over any sidewalk, street, alley or public property, the permittee shall execute an agreement that it, its officers, agents, assigns or successors in interest shall indemnify and hold harmless the City of Roanoke and its officers, agents and employees from any and all claims, legal actions, and judgments advanced against the city and for any expense the city may incur in this regard, arising out of the encroachment permitted thereby. (6) Discontinuance of encroachments. : ........ :' · .,,y ~v,,,,~,, The City Manager reserves the right under section ~.~ .~7,5 15.2- 2010, Code of Virginia (1950), as amended, to cause any encroachment on or over public property by any sign, marquee, awning, canopy, fire escape, cornice, bay window, clock, or thermometer or other appendage to be discontinued at any time for good cause and at the expense of the then owner of the encroaching projection. (7) Within the area of the city zoned C-3, Central Business District, with an overlay zoning of H-l, Historic District, all appendages to buildings which are attached to, placed on or project over, any sidewalk, street, alley or other public property, shall be the subject of a certificate of appropriateness issued in compliance with Chapter 36. 1 of the Code of the City of Roanoke (I 979), as amended. 4. Section 27.1-6, Siqns on public property, of the Code of the City of Roanoke (1979), as amended, is hereby amended by providing for authorization by the City Manager, and shall read and provide as follows: Sec. 27.1-6. Siqns on public property. No directional signs, ornamental standards, floodlights, or supports for decorative lighting, other than those owned and maintained by the city, the state or the United States, shall be allowed on any sidewalk, street, avenue, alley or other public way, unless authorized by,,,---':u,,,,,,,,.~ ..... of~,,y-: ......... ~,~u,,~,,:' the City Manager. 315 5. Pursuant to the provisions Of §! 2 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 2005. No. 36991-030705. A RESOLUTION appointing a Director of the Industrial Development Authority of the City of Roanoke, to fill the remaining portion of a four (4) year term on its Board of Directors. WHEREAS, the Council is advised that William L. Bova, a Director of the Industrial Development Authority of the City of Roanoke, Virginia, resigned effective January 9, 2004, and the vacancy has not been filled; WHEREAS, §15.1-1377 of the Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Stuart H. Rivercomb is hereby appointed as a Director on the Board of Directors of the industrial Development Authority of the City of Roanoke, Virginia, to fill the remaining portion of the four (4) year term of William L. Bova which commenced on October 20, 2001, and will expire on October 19, 2005. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 316 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of March, 2005. No. 36992-032105. A RESOLUTION continuing a program providing for free parking for certain downtown residents in certain City owned or controlled parking garages, as recommended by the City Manager. WHEREAS, this Council seeks to encourage persons to live downtown; and WHEREAS, the provision of adequate parking in the downtown area is critical to the success of City Council's goal of encouraging downtown housing. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I. City Council approves and hereby continues the program to provide certain downtown residents free parking in certain City owned or controlled parking garages, the details of which are set forth in the City Manager's letter and attachment dated March 21, 2005. 2. This program shall be effective from April 1, 2005, through March 31,2008, unless modified or terminated by City Council. 3. The City Manager is authorized to take such actions as may be needed to implement and administer such program. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of March, 2005. No. 36993-032105. AN ORDINANCE to appropriate funds for the Interoperability Grant, amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 317 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004~2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Systems Development Revenue Security Interoperable Communication 035-430-3460-9067 035-430-3460-3460 $65,000.00 65,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. P~ark~er City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21s' day of March, 2005. No. 36994-032105. A RESOLUTION authorizing the acceptance of the U. S. Department of Homeland Security Local Interoperability Communications Grant made to the City of Roanoke by the Office for Domestic Preparedness and authorizing the execution and filing by the City Manager of the conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Office for Domestic Preparedness of a U. S. Department of Homeland Security Local Interoperability Communications Grant in the amount of $65,000.00. 2. The City Manager or the Assistant City Manager for Operations is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of the U. S. Department of Homeland Security Local Interoperability Communications Grant as approved as to form by the City Attorney. 318 3. The City Manager or the Assistant City Manager for Operations is further directed to furnish such additional information as may be required by the Office for Domestic Preparedness in connection with the City's acceptance of the foregoing grant or with such project. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of March, 2005. No. 36995-032105. A RESOLUTION authorizing a Fourth Amendment to the Roanoke Valley Resource Authority Members Use Agreement. WHEREAS, the City of Roanoke, County of Roanoke, Town of Vinton and the Roanoke Valley Resource Authority (Authority) entered into the Roanoke Valley Resource Authority Members Use Agreement dated October 23, 1991 (the "Members Use Agreement"), as amended by the First Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated June 1, 1992, the Second Amendment to the Roanoke Valley Resource Authority Members Use Agreement, dated December 2, 1996, and the Third Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated February 1, 1999, pursuant to which the Authority agreed to acquire, construct and equip a regional waste disposal system (System) consisting of a landfill and transfer station and related structures and equipment, and to provide financing therefore in order to dispose of all nonhazardous solid waste delivered to the System by or on behalf of the County, the City, and the Town (collectively, the "Charter Members"); and WHEREAS, the Charter Members desire to amend further the Members Use Agreement to allow the Authority to sponsor Household Hazardous Waste Collection Day Events or to issue permits to entities to sponsor and conduct a Household Hazardous Waste Collection Day event at the Hollins Road Transfer Station site up to 3 times per calendar year and otherwise in compliance with applicable law. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 319 1. City Council hereby approves the Fourth Amendment in substantially the form attached to the City Manager's letter dated March 21, 2005, as Attachment A. The City Manager and such officers and agents as she may designate are authorized and directed to execute and deliver the Fourth Amendment and the Clerk to the City Council is authorized to seal and attest the Fourth Amendment with such changes as such officers deem appropriate to carry out the purposes expressed therein. The form of such Fourth Amendment shall be approved by the City Attorney. 2. This Resolution shall take effect immediately. 3. The City Manager is authorized to take such actions and execute additional documents as may be needed to implement and administer such Fourth Amendment, such additional documents to be approved as to form by the City Attorney. APPROVED A-I-rEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 s~ day of March, 2005. No. 36996-032105. A RESOLUTION expressing the Council's opposition to a proposal by the FAA to close the Air Traffic Control Tower located at Roanoke Regional Airport between the hours of midnight and 5:00 a.m. WHEREAS, Roanoke's Air Traffic Control Tower ("Roanoke Tower") was operated at the Roanoke Regional Airport on a 24-hour basis for many years until its hours were limited by the Federal Aviation Administration ("FAA") after the air traffic controllers' strike in the early 1980s; WHEREAS, in order to protect the public and promote economic development in the air service area served by the Roanoke Regional Airport, which area consists of 19 counties and contains more than three-quarters of a million people, the Roanoke Regional Airport Commission, the City of Roanoke, the County of Roanoke, and federal legislative representatives worked tirelessly for more than fifteen years to restore 24-hour tower operations; 32O WHEREAS, the 24-hour local coverage was finally re-established at the Roanoke Regional Airport in July 1999; WHEREAS, the FAA has recently proposed that the Roanoke Tower again be closed between the hours of midnight and 5 a.m. as a way to cut costs; WHEREAS, the safety and terrain issues present in 1999 remain today; and WHEREAS, closing the Roanoke Tower during early morning hours would jeopardize unnecessarily public safety and harm economic development in the Roanoke Valley and in the region in the following ways: 1. The Roanoke Regional Airport is the largest airport and the Roanoke Tower is the only 24-hour tower in western and southwestern Virginia; the Roanoke Tower also is responsible for handling late night and early morning air traffic for the Lynchburg Regional Airport; 2. In order to provide for the well-being of pilots, passengers, and the citizens of the Roanoke Regional Airport air service area, it is most desirable and safer to have controllers in the Roanoke Tower at all times who can hear pilots and see the airfield in order to assist aircraft in difficulty and respond to emergency situations; 3. The same level of safety and response to aviation users of Roanoke Regional Airport and Lynchburg Regional Airport cannot be provided by controllers located at the FAA's Washington Center, which is over 200 miles from Roanoke, available only by radio and already serving many other air service areas and hundreds of aircraft; 4. The Roanoke Regional Airport has cargo carriers operating large aircraft, general aviation aircraft, and occasional large jet charters, including, among others, aircraft carrying Virginia Tech athletic teams, which operate between the hours of midnight and 5:00 a.m. in reliance on the Roanoke Tower being in operation; 5. Although passenger aircraft frequently need to and do land at the Roanoke Regional Airport after midnight due to schedules, or weather and mechanical delays, passenger carriers will refuse to land at such times if the Roanoke Tower is closed; 6. Having the Roanoke Tower open and available to handle passenger and cargo aircraft on a 24-hour basis is vital to economic development and the growth of the Roanoke Valley; and 321 7. Due to visibility problems and the applicable FAA regulations, if the hours of the Roanoke Tower are limited, land between the Roanoke Tower and the intersection .of the runways that is critical for future airport growth cannot be developed. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council adopts this means of expressing its strongest possible opposition to the FAA's proposal to close the Air Traffic Control Tower located at Roanoke Regional Airport between the hours of midnight and 5:00 a.m. 2. The City Clerk is directed to forward an attested copy of this resolution to The Honorable John Warner, The Honorable George Allen, The Honorable Robert W. Goodlatte, The Honorable Rick Boucher, The Honorable Virgil Goode, FAA Administrator Marion C. Blakey, The Honorable Chairman and Members of Roanoke County Board of Supervisors, The Honorable Mayor and Members of Lynchburg City Council, and the governing bodies of the jurisdictions served by the Roanoke Regional Airport. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of March, 2005. No. 36997-032105. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 406 of the Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading by title of this ordinance, WHEREAS, Westwin of Roanoke, LLC, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from conditional C-1, Office District, to INPUD, Institutional Planned Unit Development District; 322 WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on March 21, 2005, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 406 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: That tract of land located at the southwesterly corner of Jefferson Street and Yellow Mountain Road, containing 2.055 acres, more or less, and designated on Sheet No. 406 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 4060601, be, and is hereby rezoned from conditional C-1, Office District, to INPUD, Institutional Planned Unit Development District, as set forth in the Second Amended Petition filed in the Office of the City Clerk on March 2, 2005, and that Sheet No. 406 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 323 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 ~' day of March, 2005. No. 36998-032105. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 157, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-2, Residential Single Family District, to RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the applicant; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on March 21, 2005, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 157 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: That tract of land containing 23.742 acres, more or less, located at 3379 Colonial Avenue, identified as Official Tax No. 1570101, and designated on Sheet No. 157 of the Sectional 1976 Zone Map, City of Roanoke, be, and is hereby rezoned from RS-2, Residential Single Family District, to RPUD, Residential Planned Unit Development District, subject to the proffers contained in the Petition filed in the Office of the City Clerk on March 3, 2005, and that Sheet No. 157 of the 1976 Zone Map be changed in this respect. 324 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21'~ day of March, 2005. No. 36999-032105. AN ORDINANCE authorizing the proper City officials to extend the lease agreement between the City and Old Southwest, Inc., for a period of five years, with an option to extend the lease for an additional five year term upon mutual agreement of both parties, for the use of a certain City-owned structure known as the Alexander-Gish House, located in Highland Park, together with the outbuilding and parking lot, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. Whereas, a public hearing was held on March 21, 2005, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said lease extension. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, the appropriate lease agreement with Old Southwest, Inc., for the use of a certain City-owned structure known as the Alexander-Gish House, located in Highland Park, together with the outbuilding and parking lot, for an additional term of five (5) years, effective beginning January 1,200S and ending December 31, 2009, with an option to extend the lease for an additional five year term upon mutual agreement of both parties, at an annual lease fee of $1.00 over the five-year period, upon such terms and conditions as more particularly set forth in the City Manager's letter dated March 21, 2005. 325 2. Pursuant to the provisions of §1 2 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 '' day of March, 2005. No. 37000-032105. AN ORDINANCE amending and reordaining §36.1-690, General authority and procedure, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, by deleting subsections (g) and (h) of §36.1-690, General authority and procedure, to provide for greater flexibility in considering certain rezonings in which a minimum area can be rezoned to certain commercial and industrial districts, and dispensing with the second reading by title of this ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 36.1-690, General authority and procedure, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, is hereby amended by the deletion of subsections (g) and (h), and shall read and provide as follows: Sec. 36.1-690. General authority and procedure. (a) Whenever public necessity, convenience, general welfare or good zoning practice require, the city council may amend, supplement, or change this chapter, including the schedule of district regulations and the official zoning map. Any such amendment may be initiated by resolution of the city council, by motion of the planning commission, or by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent, of the property which is the subject of the proposed zoning map amendment. (b) When such amendment is proposed by petition of a property owner, such petition shall be in writing, addressed to the council, and shall be filed in the office of the city clerk, accompanied by payment of all fees and charges established by the council. 326 (c) When such petition is for the rezoning of property, it shall include the following: (1) A description of the purpose for the zoning and the proposed use of the property; (2) A concept plan outlining features of the proposed use of the property including buildings, parking, access and similar features; (3) A map or maps of the area requested for rezoning; (4) Names, signatures, and addresses of the owner or owners of the lots or property included in the proposed change; and (s) Names, addresses and official tax numbers of owners of the lots or property immediately adjacent and to or those directly opposite thereto; provided, however, that inaccuracy or inadequacy of any such list of adjacent owners shall not in any manner affect the validity of any proceedings had or taken by the city council with respect to the matters contained in such petition. (d) Prior to the filing of said petition the petitioner shall meet with the staff of the office of community planning to determine that all filing requirements have been met and that all information is correct. The office of community planning shall determine the required fees. (e) Upon the filing of such petition, and the payment of the fees and charges aforesaid, the city clerk shall note the filing of the same and shall immediately transmit the petition, together with the list of property owners hereinafter mentioned, to the planning commission for study, report and recommendation to the council, with a copy of such petition mailed or delivered to the mayor and members of the city council and to the zoning administrator. (f) No change in zoning classification to a CN category shall be considered which involves an area of less than five thousand (5,000) square feet. ...L:--L ..... , ........... t' .... L ....... ,~, ....... ~ .......... C1 C2 C3 327 6~(g) Once city council has considered a petition, the petitioner may not request reconsideration of substantially the same petition for one (1) year. Nothing in this section shall be construed to limit city council's ability to reconsider a petition under rule 10 of section 2-15, rules of procedure. 2. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4'h day of April, 2005. No. 37001-040405. A RESOLUTION expressing appreciation to The Honorable John S. Edwards, Member, Senate of Virginia, the Honorable Onzlee Ware, and the Honorable William H. Fralin, Jr., Members, House of Delegates, for their leadership and support during the 2005 General Assembly Session. WHEREAS, Senator Edwards and Delegates Fralin and Ware assisted this City during the 2005 Session by displaying commitment to all of the City's interests; WHEREAS, Senator Edwards and Delegates Fralin and Ware strongly encouraged the budget conferees to support the City's request to include funds for the Roanoke City Health Department; and WHEREAS, the efforts and support of Senator Edwards and Delegates Fralin and Ware resulted in several of the area cultural agencies receiving funding, including, but not limited to, the Art Museum of Western Virginia ($2,250,000.00), Blue Ridge Zoological Society of Virginia ($87,500.00), Center in the Square ($200,000.00), History Museum and Historical Society of Western Virginia ($37,500.00), Roanoke Symphony ($5,000.00.00), and the Virginia Museum of Transportation ($225,000.00). 328 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I Council adopts this means of recognizing and commending the services rendered to the City of Roanoke and its people by Senator John S. Edwards and Delegates William H. Fralin Jr., and Onzlee Ware. 2. The City Clerk is directed to forward an attested copy of this resolution to Senator Edwards and Delegates Fralin and Ware. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4~h day of April, 2005. No. 37002-040405. A RESOLUTION memorializing the late Emma Ruth Brooks, mother of Assistant City Manager Rolanda Russell. WHEREAS, the members of Council learned with sorrow of the passing of Ms. Brooks on Sunday, March 20, 2005; WHEREAS, Ms. Brooks was the daughter of John and Edna Wynne Nesbitt, and was born in Dyersburg, Tennessee on May 2, 1923; WHEREAS, during her youth, Ms. Brooks was proud of winning a beauty contest while living in Tennessee; WHEREAS, Ms. Brooks married Logan Brooks in St. Louis, Missouri in ! 947; and for most of her life, Ms. Brooks was a stay-at-home mother; WHEREAS, Ms. Brooks was a member of New Salem Missionary Baptist Church, where she sang in the choir, served as past secretary and was a member of the missionary society; WHEREAS, Ms. Brooks was a loving mother whose wishes were that her children cherish their fond memories of her. 329 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Emma Ruth Brooks, and extends to her family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Ms. Brooks' children: Rolanda Russell, of Roanoke, Virginia; Shirley Davis, Louis Clark Davis, Jean Tyson, Betty Ann Brooks, and Andre Brooks of Decatur, Illinois; and Edna Brooks and Jacqueline Brooks of Chicago, Illinois. APPROVED A~-FEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4'h day of April, 2005. No. 37003-040405. A RESOLUTION approving the Roanoke Regional Airport Commission's 2005-2006 proposed operating and capital budget upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that in accordance with the requirements of the Roanoke Regional Airport Commission Act, as amended by the General Assembly of Virginia, Chapter 385, 1996 Acts of Assembly, and the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended by First Amendment, dated December 6, 1996, the City of Roanoke hereby approves the Airport Commission's 2005-2006 proposed operating and capital budget, as well as a separate listing of certain proposed capital expenditures, as more particularly set forth in a report from the Commission to this Council, dated March 16, 2005. APPROVED A-i-rEST: Mary F. City Clerk C. Nelson Harris Mayor 330 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 2005. No. 37004-040405. A RESOLUTION memorializing the late Roy Nelson Stroop of Roanoke. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Stroop on Friday, March 11,2005; WHEREAS, Mr. Stroop served his country honorably in the U.S. Army Air Corps during World War II; WHEREAS, Mr. Stroop was an active member of Mineral Spring Baptist Church; WHEREAS, Mr. Stroop retired from the Exxon Company USA; WHEREAS, Mr. Stroop was active in community and church activities including serving as the property chairman for the Baptist Mission Centers and president of the Wildwood Civic League. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Roy Nelson Stroop, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Stroop's widow, Betty Stroop, of Roanoke. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor 331 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4'h day of April, 2005. No. 37005-040405. A RESOLUTION congratulating the Roanoke Catholic Celtics Basketball Team for its winning the Virginia Independent State, Division II, Basketball Tournament. WHEREAS, the Roanoke Catholic Celtics had an 18-10 record in their 2004 basketball season; WHEREAS, the Celtics defeated the number two seeded Walsingham Academy on Friday, March 4, and won the opportunity to play in the Virginia Independent State, Division II, Basketball Tournament; WHEREAS, under the leadership of Coach Joe Gaither and Assistant Coaches Tony Joyce and Dennis Blanchard, the team played Miller School in the Tournament on Saturday, March 5, at Richard Bland Community College in Petersburg; WHEREAS, the team members represented Roanoke with the highest level of performance, sportsmanship, and pride against a worthy opponent and played to the best of their abilities to win the title with a score of 75-67. WHEREAS, the Roanoke Catholic Celtics Basketball Team has won a total of four state titles in the past six years. THEREFORE, BE IT RESOLVED by Council of the City of Roanoke that: 1. Council adopts this resolution as a means of recognizing and congratulating the Roanoke Cathoiic Celtics for winning the Virginia Independent State, Division II, Basketball Tournament. 2. The City Clerk is directed to forward an attested copy of this resolution to the Celtics' coach, Joe Gaither. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 332 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4'h day of April, 2005. No. 37006-040405. AN ORDINANCE to appropriate funding from the Juvenile Accountability Block Grant Program and local match for juvenile education programs, amending and reordaining certain sections of the 2004-2005 General and Grant Funds 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 2004-2005 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Grant Fund Fees For Professional Services Grant Fund Appropriations Fees For Professional Services Fees For Professional Services Revenues State Grant Receipts - City Local Match - City State Grant Receipts - County Local Match - County 001-250-9310-9535 $ 3,149.00 001-630-1270-2010 (3,149.00) 035-630-5063-2010 035-630-5064-2010 035-630-5063-5068 035-630-5063-5069 035-630-S064-5070 035-630-5064-5071 31,488.00 13,602.00 28,339.00 3,149.00 12,242.00 1,360.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Aq-~EST: Mary F. Parker City Clerk C. Nelson Harris Mayor 333 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 2005. No. 37007-04040S. A RESOLUTION authorizing acceptance of a Juvenile Accountability Block Grant from the Virginia Department of Criminal Justice Services on behalf of the City, authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Juvenile Accountability Block Grant funds from the Virginia Department of Criminal Justice Services, in the amount of $40,581.00, as set forth in the City Manager's letter, dated April 4, 2005, to this Council are hereby ACCEPTED. 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these grant funds, and to furnish such additional information as may be required in connection with the City's acceptance of these grant funds. All documents shall be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4'h day of April, 2005. No. 37008-040405. AN ORDINANCE to appropriate flood insurance proceeds to various departments, amending and reordaining certain sections of the 2004-2005 General, Civic Facilities and Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. 334 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General, Civic Facilities and Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Flood Damage Repairs Flood Damage Repairs Flood Damage Repairs Revenues Flood Damage Reimbursements Civic Facilities Fund Appropriations Flood Damage Repairs Revenues Flood Damage Reimbursements Capital Proiects Fund Appropriations Appropriated from General Revenue Revenues Flood Damage Reimbursements 001-440-4330-2300 $ 44,000.00 001-620-4340-2300 30,000.00 001-530-4110-2300 8,800.00 001-110-1234-0664 005-550-7410-2300 005-110-1234-0664 008-440-9854-9003 008-110-1234-0664 82,800.00 42,000.00 42,000.00 67,271.00 67,271.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4* day of April, 2005. No. 37009-040405. A RESOLUTION authorizing the City Manager to submit on an annual basis a street inventory for State maintenance payment eligibility to the Virginia Department of Transportation (VDOT), upon forms prescribed by VDOT, for approval by the Commonwealth Transportation Board, in order to ensure the City's eligibility for State maintenance funds. 335 WHEREAS, Section 33.1-41.1 of the Code of Virginia (1950), as amended, establishes eligibility criteria for localities for receiving funds from VDOT for street maintenance purposes; and WHEREAS, inventory additions and deletions are required to be submitted to VDOT on an annual basis in order to be eligible for payment. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to submit on an annual basis inventory additions and deletions to VDOT for approval by the Commonwealth Transportation Board in order to ensure the City's eligibility for State street maintenance funds, as set forth in the City Manager's letter dated April 4, 2005, to City Council. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 2005. No. 37010-040405. AN ORDINANCE providing for the acquisition of property rights needed by the City for certain street and drainage improvements in connection with the Southern Hills Drive - Street and Drainage Improvements Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 336 1. For certain street and drainage improvements in connection with the Southern Hills Drive - Street and Drainage Improvements Project, the City wants and needs certain fee simple interests, temporary construction easements, permanent easements, and rights of ingress and egress, licenses or permits, as more specifically set forth in the City Manager's letter dated April 4, 2005, to City Council. The owners of the property as identified by the attachments are based on the best information available to the City at this time. The City may acquire the identified interest from the legal owner of the property as determined by a title search. The proper City officials are authorized to acquire for the City from the respective owners the necessary interests and appropriate ancillary rights with respect to the parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforementioned parcels, such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including closing costs, title search fees, appraisal costs, and recordation fees, design and construction costs, shall not exceed $40,000.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate in which an interest in property is required or should any owner be a person under a disability and lacking capacity to convey such interest or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to §25.1-200, et seq, or §33.1-120, et seq, Code of Virginia (1950), as amended, granting to the City the right to enter upon the property for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 337 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4'h day of April, 2005. No. 37011-040405. AN ORDINANCE to appropriate funding for the Fire/EMS Facility Improvement Program, amending and reordaining certain sections of the 2004- 2005 Capital Projects 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 2004-2005 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from General Revenue 008-530-9678-9003 008-056-9620-9003 $489,740.00 (489,740.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 338 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4'h day of April, 2005. No. 37012-040405. AN ORDINANCE authorizing the execution of a deed of easement granting to the Roanoke Higher Education Authority a temporary construction easement across City property to be used as a construction staging and storage area and for the placement of an office trailer; upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, the Roanoke Higher Education Authority intends to renovate property located at 109 First Street SW, and desires to use certain City property as a construction staging area in connection with such renovation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia as follows: 1. The City Manager is hereby authorized to execute the necessary documents, in such form as approved by the City Attorney, granting a temporary construction easement to the Roanoke Higher Education Authority across the entirety of City property designated as Roanoke Tax Map No. 2013001 located near the intersection of Wells Avenue, N.W. and First Street, N.W., to be used as a construction staging and storage area and for the placement of a construction office trailer in connection with the Roanoke Higher Education Authority's renovation of structures on adjacent property located at 109 First Street, N.W., for a term to commence on April 4, 2005, and expire on June 30, 2006; all as more particularly stated in the City Manager's letter to Council dated April 4, 2005. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A~-rEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 339 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4'h day of April, 2005. No. 37013-040405. A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of Valley View Mall for a Fair Housing Expo, and authorizing execution of an agreement with Valley View Mall, LLC, through its agent, CBL Associates Management, Inc., in connection with such use of Valley View Mall. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby waives its sovereign immunity with regard to the City's use of Valley View Mall on April 16, 2005, in connection with the Fair Housing Expo activities. 2. The City Manager is hereby authorized to execute for and on behalf of the City, upon form approved by the City Attorney, an Agreement, a copy of which is attached to the City Attorney's letter to Council of April 4, 2005, relating to the City's use of Valley View Mall, on April 16, 2005, for a Fair Housing Expo. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of April, 2005. No. 37014-041805. A RESOLUTION memorializing the late Arthur Edward Smith, a long-time Roanoke resident and former attorney. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Smith on Tuesday, March 22, 2005; 340 WHEREAS, the son of the late Benjamin S. Smith and Virginia Lanter Smith, Mr. Smith was born in Red Jacket, West Virginia and moved to Roanoke with his family when he was four years old; WHEREAS, Mr. Smith graduated from Jefferson High School in 1930, where he was captain of the track team, and a member of the football and basketball teams; WHEREAS, Mr. Smith earned a Bachelor of Arts degree in English from Roanoke College in 1934, and was a member of Pi Kappa Phi Fraternity; WHEREAS, during his summers while attending Roanoke College, Mr. Smith worked as a counselor at Camp Roanoke (then called Camp Johnson) in Salem, and was a proofreader at the Times World Corp.; WHEREAS, Mr. Smith attended the University of Virginia Law School, where he was on the Law Review and earned his L.L.B. in 1937; WHEREAS, Mr. Smith was selected to write the Class Poem for his graduating class at UVA and had many requests over the years for a copy of that poem, along with many other poems he wrote; WHEREAS, after passing the Bar Exam, Mr. Smith began his practice of law in downtown Roanoke on Franklin Road in 1937; WHEREAS, World War il interrupted Mr. Smith's practice, and in 1940 he began work with the Office of Price Administration (OPA), where he held the position of District Enforcement Attorney for Durable Goods and Fuel and later became the Chief Investigator for the Roanoke District; WHEREAS, in 1946 the OPA was disbanded and after turning down an invitation to work in their Richmond office, Mr. Smith took up his law practice again in Roanoke's Shenandoah Building, where he practiced criminal law, later with an emphasis on divorce and family law; WHEREAS, Mr. Smith was a member of the American Bar Association, the Virginia Bar Association, the Virginia State Bar, the Virginia Trial Lawyers Association, and the Roanoke Bar Association (president, 1960); and was very active in the area of family law throughout Virginia for many years; WHEREAS, Mr. Smith was a member of the Board of Governors of the Family Law Section of the Virginia State Bar, serving from the late 1970's through June 1984, and was the Chairman of the Board of Governors from 1981 to 1982; WHEREAS, while serving on the Board of Governors, Mr. Smith was instrumental in bringing about the passage of Virginia's equitable distribution law, frequently being called upon to testify before the Virginia Legislature; 341 WHEREAS, Mr. Smith was involved in more than 6,000 divorce cases throughout his career, was co-author of the Equitable Distribution Statute, and was generally acknowledged as "the granddaddy of divorce law in Virginia"; WHEREAS, Mr. Smith was a mentor to many young attorneys who now have successful practices of their own in Roanoke and throughout the State of Virginia; WHEREAS, Mr. Smith was chosen as the initial recipient of the Virginia State Bar Family Law Award in 1993, which honors persons who have made outstanding contributions to the area of family law in Virginia; WHEREAS, Mr. Smith was a charter member of Windsor Hills United Methodist Church, where he served as a Sunday School teacher for many years; WHEREAS, Mr. Smith was a charter member of the Hidden Valley Country Club, where he spent most of his leisure time enjoying golf; WHEREAS, Mr. Smith was an accomplished pool player and motorcyclist, and rode his motorcycle until he was in his 70s. WHEREAS, Mr. Smith practiced law in Roanoke for more than 50 years until his retirement in December 1998; WHEREAS, Mr. Smith was a wonderful teacher, mentor, a captivating storyteller, and a good friend to many people in the Roanoke Valley, throughout the State of Virginia, and beyond. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Arthur Edward Smith, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Smith's children: Susan Allison Smith, David Ring Smith, and Deborah Spencer, all of Roanoke, Virginia. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 342 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of April, 2005. No. 37015-041805. A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2005-2006 for the operation of the regional government and educational access station, Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. WHEREAS, the Roanoke Valley Regional Cable Television Committee (Committee) has reviewed and approved the annual budget for the Fiscal Year 2005-2006 for the operation of RVTV and has requested that the City of Roanoke approve that budget; WHEREAS, the Committee is comprised of representatives from the City of Roanoke, Roanoke County, and the Town of Vinton and these jurisdictions have agreed to provide funding for the purposes for which the Committee was created, including the support of the operation of a regional government and educational access station, RVTV; WHEREAS, such jurisdictions have agreed to provide funding as provided for in the agreement creating the Committee and the Committee has recommended that the City of Roanoke provide partial funding to Rv'rv in the amount of $164,545.00, which is within the limits provided for in the agreement; and WHEREAS this Council desires to approve the recommendation of the Committee and provide partial funding as requested by the Committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The annual budget of $304,713.00 for Fiscal Year 2005-2006 for the operation of the regional government and regional educational access station, RVTV, as set forth in a letter to this Council dated April 18, 2005, is hereby approved. 343 2. The amount of $164,545.00 will be provided by the City of Roanoke as its prorata share for the annual operational budget for RVTV for the Fiscal Year 2005-2006 as requested in the letter to this Council dated April 18, 2005. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of April, 2005. No. 37016-041805. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2005-2006, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for the Roanoke Valley Resource Authority for Fiscal Year 2005-2006, in the amount of $8,606,670.00 is hereby approved, all as more particularly set forth in a letter to the City Manager, dated March 30, 2005, from Bittle W. Porterfield, III, Chairman, Board of Directors of Roanoke Valley Resource Authority, copies of which have been provided to Council. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 344 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of April, 2005. No. 37017-041805. AN ORDINANCE to appropriate funds for the Assistance to Firefighters Grant, amending and reordaining certain sections of the 2004-2005 General and Grant Funds 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 2004-2005 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations REMS Operation and Maintenance Transfer to Grant Fund Grant Fund Appropriations Training and Development Revenue Assistance to Fire Fighters FY05 Assistance to Fire Fighters-Local Match FY05 001-520-3521-3698 001-250-9310-9535 $(7,129.00) 7,129.00 035-520-3343-2044 23,766.00 035-520-3343-3544 035-520-3343-3545 16,637.00 7,129.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A~-rEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 345 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of April, 2005. No. 37018~041805. A RESOLUTION authorizing the acceptance of an Assistance to Firefighters Grant from the Federal Emergency Management Agency, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Federal Emergency Management Agency the Assistance to Firefighters Grant in the amount of $16,637.00, with the City providing an additional $7,129.00 in local matching funds. Such grant being more particularly described in the letter of the City Manager, dated April 18, 2005. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the Assistance to Firefighters Grant, approved as to form by the City Attorney, required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Federal Emergency Management Agency. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of April, 2005. No. 37019-041805. AN ORDINANCE authorizing the City Manager to execute Renewal No. 1 to the September 1, 1998, Parking Agreement between the City of Roanoke and Carillon Health System; authorizing the City Manager to take such further action and execute additional documents to implement and administer such Parking Agreement; and dispensing with the second reading by title of this ordinance. 346 WHEREAS, the City and Carillon entered into a Parking Agreement dated September 1, 1998, giving Carillon the right to purchase a minimum of 310 and up to a maximum of 440 parking permits for use in certain Parking Garages during normal business days and hours (hereafter -"Parking Agreement"); WHEREAS, Carillon purchased the maximum amount of 440 parking permits, but needed additional parking permits and thereafter entered into an Amendment 1, dated November 19, 2001, (Amendment 1) to the Parking Agreement to allow Carillon to obtain up to an additional 60 supplemental parking permits upon certain terms and conditions as set forth in Amendment 1; WHEREAS, Section 4 of the Parking Agreement established the term of such Parking Agreement to be from September 1, 1998, through August 31, 2003, but was subject to being renewed upon mutual agreement of the parties for up to two additional 5 year periods; and WHEREAS, Carillon has requested a renewal of the Parking Agreement, including Amendment 1, for an additional period of 5 years, retroactive from September 1, 2003, through August 31, 2008, upon substantially the same terms and conditions as the original Parking Agreement and Amendment 1, except for certain modifications to both the original Parking Agreement and Amendment 1 as set forth in the City Manager's letter to Council dated April 18, 2005. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized on behalf the City to execute and attest, respectively, Renewal No. 1 to the Parking Agreement with Carillon dated September 1, 1998, for a term of five years, to run retroactively from September 1,2003, through August 31,2008, which may be renewed for up to one additional five year period upon mutual agreement of the parties, that will provide for a minimum number of 310 parking permits to Carillon and a maximum of 440 parking permits, and up to 120 additional supplemental permits as provided for by a modification to Amendment 1 (such modification to be effective on April 18, 2005), all as more particularly set forth in the City Manager's letter, with attachment, to Council dated April 18, 2005. 2. The monthly charge for the parking permits will be at the rates as set forth in the above referenced City Manager's letter and attachment, and Renewal No. 1 will continue the Parking Agreement and Amendment 1 upon basically the same terms and conditions as the original documents, except for the modifications mentioned in such letter and attachment. 3. Renewal No. 1 with Carillon shall be substantially similar to the Renewal No. 1 attached to the above referenced City Manager's letter to this Council and be approved as to form by the City Attorney. 347 4. The City Manager is further authorized to take such action and execute such documents as may be reasonably necessary to provide for the implementation, administration, and enforcement of such renewed Parking Agreement, including renewing such Parking Agreement for one additional five year period as referenced above and as may be in the best interest of the City. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of April, 2005. No. 37020-041805. AN ORDINANCE to appropriate funding for food service equipment and School instructional site-based requests from the Capital Maintenance and Equipment Replacement Program (CMERP) and the School Food Service Fund fund balance, and to appropriate funding for the GED Testing Fast Track program, the William Fleming Community Learning Center, the Governor's Project Graduation Academy Grant, and the Advanced Placement Fee Program, amending and reordaining certain sections of the 2004-2005 General, School and School Food Service Funds 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 2004-2005 General, School and School Food Service Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer To School CMERP Fund - 001-250-9310-9532 $ 350,893.00 348 Fund Balance Reserve for CMERP- School 001-3324 $(350,893.00) School Fund Appropriations Compensation of Teachers Social Security Tuition - In State Educational & Recreational Supplies Supplements Social Security Heating Services Office Supplies Educational & Recreational Supplies Other Operation Supplies Inservice Supplies Maintenance Service Contracts Additional Machinery and Equipment Compensation of Teachers Aides Retirement - HIC VRS Social Security Retirement - VRS Health Insurance Other Professional Services Conventions Education Field Trips Educational & Recreational Supplies 030-062-6782-6550-0121 030-062-6782-6550-0201 030-062-6782-6550-0382 030-062-6782-6550-0614 030-062-6875-6100-0129 030-062-6875-6100-0201 030-062-6875-6100-0512 030-062-6875-6100-0601 030-062-6875-6100-0614 030-062-6875-6100-0615 030-062-6875-6100-0617 030-062-6876-6113-0332 030-065-6006-6681-0821 030-065-6338-6100-0141 030-065-6338-6100-0200 030-065-6338-6100-0201 030-065-6338-6100-0202 030-065-6338-6100-0204 030-065-6338-6100-0313 030-065-6338-6100-0554 030-065-6338-6100-0583 030-065-6338-6100-0614 2,400.00 184.00 6,525.00 891.00 15,270.00 1,169.00 3,541.00 1,517.00 1,517.00 1,517.00 759.00 2,340.00 468,512.00 115,280.00 635.00 7,000.00 8,000.00 2,695.00 27,492.00 5,453.00 10,000.00 3,445.00 Revenues Transfer From General Fund-CMERP State Grant Receipts State Grant Receipts Federal Grant Receipts Federal Grant Receipts 030-060-6000-1356 O30-062-6782-1100 030-062-6875-1100 030-062-6876-1102 030-065-6338-1102 350,893.00 10,000.00 25,290.00 2,340.00 180,000.00 Fund Balance Reserve for CMERP- School 030-3324 (117,619.00) 349 School Food Service Fund Appropriations Additional Machinery and Equipment 032-065-6006-6788-0821 $ 144,782.00 Fund Balance Unappropriated 032-3325 (144,782.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of April, 2005. No. 37021-041805. A RESOLUTION ratifying and confirming the appointment of John B. Williamson, III, as a Director of the Western Virginia Water Authority, which appointment was made on March 17, 2005, by the Board of Directors of the Authority. WHEREAS, pursuant to the Articles of Incorporation of the Western Virginia Water Authority, the seventh director shall be appointed by the Board and such appointment shall be ratified and confirmed by the Council of the City of Roanoke and the Board of Supervisors of Roanoke County; WHEREAS, the Council is advised by the Western Virginia Water Authority, by letter dated March 22, 2005, that a vacancy will occur, created by the resignation of George W. Logan to become effective immediately following the Board's meeting to be held on May 19, 2005, and the Board has recommended the appointment of John B. Williamson, III, as the seventh member of the Board to fill the unexpired term, and City Council concurs in the recommendation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 350 1. City Council does hereby ratify and confirm the Board's appointment of John B. Williamson, Ill, as the seventh member of the Board of Directors of the Western Virginia Water Authority to fill the unexpired term of George W. Logan, effective immediately following the May 19, 2005, Board of Directors Meeting. 2. The City Clerk is directed to provide an attested copy of this resolution to the Board of Supervisors of Roanoke County, and to the Western Virginia Water Authority. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of April, 2005. No. 37022-041805. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 273, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District; and dispensing with the second reading by title of this ordinance. WHEREAS, GAPCO Management, LLC has made application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located at 3839 Shenandoah Avenue, N.W., being designated as Official Tax No. 2732201, which property was previously rezoned C-2, General Commercial District, with proffers, by the adoption of Ordinance No. 28666, adopted June 15, 1987; WHEREAS, GAPCO Management, LLC seeks to have the subject property zoned C-2, General Commercial District, with proffers as set forth in the First Amended Petition to Amend Proffers filed in the City Clerk's Office on March 25, 2005. WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; 351 WHEREAS, a public hearing was held by City Council on such application at its meeting on April 18, 2005, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon a tract of land located at 3839 Shenandoah Avenue, N.W., being designated as Official Tax No. 2732201, should be amended as requested, so that the property is zoned C-2, General Commercial District, with proffers as set forth in the First Amended Petition to Amend Proffers filed in the City Clerk's Office on March 25, 2005. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 273 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the First Amended Petition to Amend Proffers filed in the City Clerk's Office on March 25, 2005, and as set forth in the report of the Planning Commission dated April 18, 2005, so that the subject property is zoned C-2, General Commercial District, with proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of April, 2005. No. 37023-041805. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 549, Sectional 1976 Zone Map, City of Roanoke, in order to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. 352 WHEREAS, Mark S. Lucas and Lucas Physical Therapy, Inc., filed an application to the Council of the City of Roanoke to rezone a tract of land located at 739 Townside Road, S.W., being designated as Official Tax No. 5490307, which property was previously conditionally rezoned by the adoption of Ordinance No. 36624-021704, adopted February 17, 2004; WHEREAS, Mark S. Lucas and Lucas Physical Therapy, Inc., seeks to have the subject property zoned C-2, General Commercial District, with proffers; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on April 18, 2005, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the property located at 739 Townside Road, S.W., being designated as Official Tax No. 5490307, should be rezoned from LM, Light Manufacturing District, subject to proffers, to C~2, General Commercial District, subject to proffers. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 549 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: That tract of land located at 739 Townside Road, S.W. and designated on Sheet No. 549 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 5490307, be, and is hereby rezoned from LM, Light Manufacturing District, subject to certain proffers, to C-2, General Commercial District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on March 25, 2005, and that Sheet No. 549 of the 1976 Zone Map be changed in this respect. 353 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of April, 2005. No. 37024-041805. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, the Trustees of Edgewood Holiness Church ("applicant") filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the 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 the City Council on April 18, 2005, after due and timely notice thereof as required by §30~14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. 354 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of a ten foot alley beginning at its intersection with the southern side of Springfield Avenue, N.W., and running in a southerly direction for approximately 124 feet until the alley meets the southern boundary of Official Tax No. 6090411 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke 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, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the rig ht-of-way. BE IT FURTHER ORDAINED that closure of the subject right-of-way is conditioned upon the applicant dedicating an approximate 225' x 10' right-of- way to the City of Roanoke and the City of Roanoke accepting such right-of-way, such right-of-way to run along the entire southern side of Official Tax Map Number 6090712 and connecting Ward Street, N.W., with an existing unimproved alley along the western border of Official Tax Map Number 6090413, as requested in the applicant's petition filed with the City Clerk on February 1, 2005, such dedication to be effected and memorialized in the above-referenced subdivision plat. 355 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 Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18~h day of April, 2005. No. 37025-041805. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 652, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned LM, Light Manufacturing District; and dispensing with the second reading by title of this ordinance. 356 WHEREAS, Crawford Development Co., LLC, has made application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located at 3806 Thirlane Road, N.W., being designated as Official Tax No. 6520105, which property was previously rezoned LM, Light Manufacturing District, with proffers, by the adoption of Ordinance No. 35071- 100200, adopted October 2, 2000; WHEREAS, Crawford Development Co., LLC, seeks to have the subject property zoned LM, Light Manufacturing District, with proffers amended from those accepted by City Council in Ordinance No. 35071J100200, adopted October 2, 2000; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on April 18, 2005, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon a tract of land located at 3806 Thirlane Road, N.W., being designated as Official Tax No. 6520105, pursuant to the adoption of Ordinance No. 35071-100200, adopted October 2, 2000, should be amended, and that such property be zoned LM, Light Manufacturing District, with proffers as set forth in the Petition to Amend Proffers filed in the City Clerk's Office on February 3, 2005. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 652 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Petition to Amend Proffers filed in the City Clerk's Office on February 3, 2005, and as set forth in the report of the Planning Commission dated April 18, 2005, so that the subject property is zoned LM, Light Manufacturing District, with such proffers. 357 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ]8t" day of April, 2005. No. 37026-041805. AN ORDINANCE authorizing the City Manager to execute the necessary documents to convey City-owned property housing a water metering station, located on Plantation Road in Roanoke County, containing 0.37 acres and identified as Roanoke County Tax No. 027.11-02-05.01-0000, to the Western Virginia Water Authority, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on April 18, 2005, pursuant to §§15.2-1800(B) and 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. BE IT ORDAINED by the Council of the City of Roanoke, Virginia that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, upon form approved by the City Attorney, the necessary documents to convey City-owned property housing a water metering station, located on Plantation Road in Roanoke County, containing 0.37 acres and identified as Roanoke County Tax No. 027.11-02-05.01-0000, to the Western Virginia Water Authority, upon certain terms and conditions, and as more particularly stated in the City Manager's letter to City Council dated April 18, 2005. 358 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of April, 2005. No. 37027-041805. AN ORDINANCE authorizing the exchange of certain City-owned property containing approximately 0.460 acres, located in the Roanoke Centre for Industry and Technology, bearing Official Tax Map No. 7230101, to Edwin and June Wilson in exchange for the vacation and abandonment of a 50' perpetual road right-of-way easement across City property owned by Edwin and June Wilson, authorizing the City Manager to sign the necessary documents to effect this exchange, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on April 18, 2005, at which all persons were afforded a full and fair opportunity to comment with respect to the proposed conveyance of certain City-owned property containing approximately 0.460 acres, bearing Official Tax Map No. 7230101. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, the appropriate documents to provide for the conveyance of a portion of City-owned property containing approximately 0.460 acres, located in the Roanoke Centre for Industry and Technology, identified by Official Tax Map No. 7230101, to Edwin and June Wilson in exchange for the vacation and abandonment of a 50' perpetual road right-of-way easement across City property held by Edwin and June Wilson, upon such terms and conditions as more particularly set forth in the City Manager's letter dated April 18, 2005. 359 2. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of April, 2005. NO. 37028-041805. AN ORDINANCE authorizing the City Manager to execute the necessary documents to convey City-owned property housing a water metering station, located on Plantation Road in Roanoke County, containing 0.37 acres and identified as Roanoke County Tax No. 027.11-02-05.01-0000, to the Western Virginia Water Authority, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on April 18, 2005, pursuant to §§15.2-1800(B) and 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. BE IT ORDAINED by the Council of the City of Roanoke, Virginia that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, upon form approved by the City Attorney, the necessary documents to convey City-owned property housing a water metering station, located on Plantation Road in Roanoke County, containing 0.37 acres and identified as Roanoke County Tax No. 027.11-02-05.01-0000, to the Western Virginia Water Authority, upon certain terms and conditions, and as more particularly stated in the City Manager's letter to City Council dated April 15, 2005. 360 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"* day of May, 2005. No. 37029-050205. A RESOLUTION memorializing the late Julian F. Hirst of Norfolk, Virginia, a former City Manager of Roanoke. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Hirst on Sunday, February 27, 2005; WHEREAS, Mr. Hirst was born in Purcellville, Virginia in 1921, the son of the late J. Terry Hirst and Katherine Fox Hirst; WHEREAS, Mr. Hirst graduated from Virginia Military Institute in 1941 and served in the U.S. Army Air Corps during World War II; WHEREAS, Mr. Hirst was married to the late Margaret Jane Fagan Hirst for 54 years; WHEREAS, Mr. Hirst came to this community as an experienced former chief executive officer, and at all times displayed a bold and progressive leadership in the administration of this City's affairs; WHEREAS, during his tenure as City Manager, both the Roanoke Civic Center and the Municipal Annex, now known as the Noel C. Taylor Municipal Building, were built; WHEREAS, Mr. Hirst came to Roanoke after serving as City Manager of Martinsville, and served as City Manager of Roanoke from October 15, 1965 to December 31, 1972; 361 WHEREAS, Mr. Hirst had also served as City Manager of Pearisburg and Pulaski, and after leaving Roanoke to become Executive Director of the Virginia Municipal League in Richmond, Virginia, he then went on to serve as City Manager of Norfolk, Virginia; WHEREAS, Mr. Hirst served as Executive Director of the Virginia Municipal League from 1973 through 1975, and was Chairman of the Board of Directors ofJ. T. Hirst and Company in Leesburg; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Julian F. Hirst, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Hirst's children, J. Terry Hirst of New York, David T. Hirst of Virginia Beach, Virginia, and Jane Hirst Green of Altavista, Virginia. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of May, 2005. No. 37030-050205. A RESOLUTION paying tribute to Dr. Belinda Childress Anderson, the first female president of Virginia Union University, one of the nation's oldest historically black colleges. WHEREAS, Dr. Anderson is a native of Roanoke, and attended William Fleming High School; WHEREAS, Dr. Anderson earned an Ed.D. in higher education administration from Virginia Tech, and holds an M. S. in history and a B. S. from Radford University; 362 WHEREAS, Dr. Anderson began her career as a classroom teacher in the Portsmouth and Norfolk, Virginia, public school systems; WHEREAS, Dr. Anderson has served in senior academic and student affairs positions with the Virginia State Council of Higher Education; WHEREAS, Dr. Anderson served as dean and professor of the School of General and Continuing Education at Norfolk State University; WHEREAS, Dr. Anderson was the director of academic advising services at Radford University in Radford, Virginia; WHEREAS, Dr. Anderson joined Virginia Union University's administrative staff in August 2000 as Vice-president of Academic Affairs, with responsibility for the University's academic policy and procedures, budget administration, and faculty and curriculum development; WHEREAS, in 2001, Dr. Anderson was named Radford University's outstanding alumnus of the year; WHEREAS, Dr. Anderson was named Virginia Union University's interim president in August 2003; and WHEREAS, effective May 25, 2004, Dr. Anderson was named the eleventh president of Virginia Union University, and was officially installed to that office on April 15, 2005; THEREFORE, BE IT RESOLVED by Council of the City of Roanoke that: 1. Council adopts this resolution recognizing and commending Dr. Belinda Childress Anderson for her significant achievement of being named the first female president of Virginia Union University. 2. The City Clerk is directed to forward an attested copy of this resolution to Dr. Anderson. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 363 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"~ day of May, 2005. No. 37031-050205. AN ORDINANCE to transfer CDBG and HOME funds from the Fifth Street Gateway project to the Park Street Square project, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations NNEO Fifth St Gateway Project NNEO Fifth St Gateway Project NNEO Fifth St Gateway Project NNEO Fifth St Gateway Project RRHA Park Street Square RRHA Park Street Square RRHA Park Street Square RRHA Park Street Square 035-G04-0420-5309 035-G05-0537-5309 035-090-5312-5309 035-090-5325-5309 035-G04-0420~5428 035-G05-0520-5428 035-090-5312-5428 035-090-5325-5428 $(200,000.00) (250,000.00) (241,388.00) (8,612.00) 200,000.00 250,000.00 241,388.00 8,612.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 2"~ day of May, 2005. No. 37032-050205. A RESOLUTION authorizing the appropriate City officials to execute an amendment to the Consolidated Plan for FY 2000-2005, providing for the redesignation of Community Development Block Grant and HOME Investment Partnerships funds to the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. 364 BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an amendment to the Consolidated Plan for FY 2000-2005, providing for the redesignation of $900,000.00 of Community Development Block Grant and HOME Investment Partnership funds to the Roanoke Redevelopment and Housing Authority, and any additional necessary documents related to such an amendment, such documents to be approved as to form by the City Attorney, as is more particularly set forth in the City Manager's letter dated May 2, 2005, to this Council. APPROVED Mary F. Park~e City Clerk C. Nelson Harris Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 2"d day of May, 2005. No. 37033-050205. A RESOLUTION authorizing the appropriate City officials to execute the 2004-2005 Community Development Block Grant and Home Investment Partnership Program Agreement with the Roanoke Redevelopment and Housing Authority to provide access by the Roanoke Redevelopment and Housing Authority to funds for the "Park Street Square" project, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or Assistant City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, the 2004-2005 Community Development Block Grant and Home Investment Partnership Program Agreement with the Roanoke Redevelopment and Housing Authority to provide access by the Roanoke Redevelopment and Housing Authority to funds for the "Park Street Square" project, and any additional necessary documents related to such Agreement, such documents to be approved as to form by the City Attorney, as more particularly set out in the City Manager--s letter dated May 2, 2005, to City Council. City Clerk APPROVED C. Nelson Harris Mayor 365 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"d day of May, 2005. No. 37034-050205. AN ORDINANCE to appropriate funding from the Workforce Investment Act Grant for the Governor's Career Readiness Certificate, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Contractual Services Revenues WlA Governor's Career Certificate FY05 Readiness 035-633-2318-8057 035-633-2318-2318 $ 2,500.00 2,500.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"d day of May, 2005. No. 37035-050205. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act funding of $2,500.00 in connection with the implementation of the Governor's Career Readiness Certification Program and authorizing the City Manager to execute the Memorandum of Understanding among the Virginia Employment Commission, City of Roanoke and Western Virginia Workforce Development Board required accepting the funding. BE IT RESOLVED by the Council of the City of Roanoke as follows: 366 1. The Western Virginia Workforce Development Investment Act funding of $2,500.00 is hereby ACCEPTED. Board Workforce 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the Memorandum of Understanding among the Virginia Employment Commission, City of Roanoke and Western Virginia Workforce Development Board required to accept the funding of $2,500.00 in connection with the implementation of the Governor's Career Readiness Certification Program, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set out in the City Manager's letter dated May 2, 2005, to City Council. APPROVED Mary F. Pa~ City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"d day of May, 2005. No. 37036-050205. AN ORDINANCE to transfer Workforce Investment Act Grant funding from the Dislocated Worker Program to the Adult Program, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Contractual Services Contractual Services 035-633-2302-8057 035-633-2305-8057 $ 100,000.00 (100,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk APPROVED C. Nelson Harris Mayor 367 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"d day of May, 2005. No. 37037-050205. AN ORDINANCE to appropriate funding for an option to acquire Countryside Golf Course, amending and reordaining certain sections of the 2004-2005 Capital Projects 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 2004-2005 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Fund Balance Unappropriated 008-310-9840-9003 008-3325 $140,000.00 (140,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Aq-I-EST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"d day of May, 2005. No. 37038-050205. AN ORDINANCE authorizing execution of an Option Agreement by which the City of Roanoke is granted an option by Fairways Group, LP, formerly U. S. Golf Properties, LP, to purchase certain property known as Tax Parcels Nos. 6471801 through and including 6471806, 6431501, 6431502, 6431613, 6431614, and 6472302, known as Countryside Golf Course; and dispensing with the second reading of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 368 1. The City Manager and the City Clerk are authorized, for and on behalf of the City, to execute and attest, respectively, an Option Agreement to purchase certain property known as Tax Parcels Nos. 6471801 through and including 6471806, 6431501, 6431502, 6431613, 6431614, and 6472302, known as Countryside Golf Course, for the sum of $4,100,000.00, with a deposit of $125,000.00 (creditable to the sale price) upon form approved by the City Attorney, and substantially in the same form as set forth in the City Manager's letter to this Council dated May 2, 2005. 2. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by the title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"~ day of May, 2005. No. 37039-050205. AN ORDINANCE authorizing the proper City officials to extend the lease agreement between the City and Crown Roanoke, LLC, for lease of office space within the Franklin Plaza Building, located at 111 Franklin Road, for the Department of Economic Development, for a period of three years, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, the appropriate amendment to the lease agreement with Crown Roanoke, LLC, to extend the lease of office space within the Franklin Plaza Building, located at 111 Franklin Road, for the Department of Economic Development, for an additional term of three (3) years, beginning June 1, 2005 and expiring May 31, 2008, at an annual lease fee of $16.75 per square foot with an increase of 1.55% each year thereafter, over the three:year period, upon such terms and conditions as more particularly set forth in the City Manager's letter dated May 2, 2005. 369 2. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"~ day of May, 2005. No. 37040-050205. A RESOLUTION appointing William H. Lindsey as School Board Trustee on the Roanoke City School Board for a term commencing July 1,2005, and ending June 30, 2008. WHEREAS, pursuant to §9-24, Code of the City of Roanoke (1979), as amended, a public hearing was held April 18, 2005, relating to the appointment of a School Board Trustee; and WHEREAS, this Council is desirous of appointing William H. Lindsey to fill a vacancy on the Roanoke City School Board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. William H. Lindsey is hereby appointed as School Board Trustee on the Roanoke City School Board for a term commencing July 1, 2005, and ending June 30, 2008. 2. The City Clerk is directed to transmit an attested copy of this resolution to Kathy G. Stockburger, Chair of the Roanoke City School Board, to Dons N. Ennis, Acting Superintendent of Schools, and to William H. Lindsey. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 370 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"d day of May, 2005. No. 37041-050205. A RESOLUTION appointing David B. Carson as a School Board Trustee on the Roanoke City School Board for a term commencing July 1,2005, and ending June 30, 2008. WHEREAS, pursuant to §9-24, Code of the City of Roanoke (1979), as amended, a public hearing was held April 18, 2005, relating to appointment of a School Board Trustee; and WHEREAS, this Council is desirous of appointing David B. Carson to fill a vacancy on the Roanoke City School Board; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. David B. Carson is hereby appointed as a School Board Trustee on the Roanoke City School Board for a term commencing July 1, 2005, and ending June 30, 2008. 2. The City Clerk is directed to transmit an attested copy of this resolution to Kathy G. Stockburger, Chair of the Roanoke City School Board, to Doris N. Ennis, Acting Superintendent of Schools, and to David B. Carson. A~-~EST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4'h day of May, 2005. No. 37042-050405. A RESOLUTION canceling the portion of the regular meeting of City Council used for the conduct of public hearings which is scheduled to be held at 7:00 p.m. on Monday, May 16, 2005, and amending Resolution No. 36762- 070704, which established the meeting schedule for the Fiscal Year commencing July 1,2004, and terminating June 30, 200S. 371 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The portion of the Council meeting normally used for the conduct of public hearings scheduled to be held at 7:00 p.m., on Monday, May 16, 2005, is hereby CANCELLED. 2. Resolution No. 36762-070604, adopted July 6, 2004, establishing the meeting schedule of City Council for FY 2004-2005 is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chamber and inserted in a newspaper having general circulation in the City at least seven days prior to May 16, 2005. APPROVED ATTEST: City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10'h day of May, 2005. No. 37043-051005. A RESOLUTION amending the City's Fee Compendium to provide for revised fees for use of City park facilities and services and for new and revised inspection fees in order to update current fees and promote uniformity with fees charged by the City and surrounding localities; and providing an effective date. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The following fees shall be charged for the use of City park facilities and services: 372 Facility or Service Fee Elmwood Park Amphitheatre Fee $250.00 per day Mobile Stage for use at 501(c) sponsored events and events not charging admission $900.00 per day Mobile Stage for use at all other events $1,200.00 per day Outdoor Swimming Pool entrance Children Under 5 - free fee: Youth (ages 5 to 15) - $2.00 Adults (ages 16 and up) - $3.00 Residents Non-Residents Fitness Centers - Monthly Fee $18.00 $2S.00 Fitness Centers - Daily Fee $5.00 $ 6.00 2. The following fees shall be charged for the following inspections: Ca) Rental Inspection: (Initial and Periodic) (Follow-Up Inspection) $ 25.00 $ 5O.OO Cb) Asbestos Removal: $ 45.00 (c) Manufactured Homes and Modular Single Wide Double Wide Triple Wide Buildings: $ 75.00 $ 100.00 $ 125.00 (d) Tent and Membrane Structures: Over 900 square feet $ 50.00 Ce) Temporary Certificate of Occupancy Renewal: First Renewal $ 75.00 Subsequent Renewal $ 125.00 3. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new and amended fees. 4. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 5. The fees established by this Resolution shall remain in effect until amended by this Council. 373 6. This Resolution shall be in full force and effect on July 1,2005. ATTEST: MasSiF. Partaker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10'h day of May, 2005. No. 37044-051005. A RESOLUTION amending certain fees and charges with regard to photocopy fees for the City's Libraries; amending the Fee Compendium, and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Photocopy fees shall be amended as follows: City Libraries Black and white copy Fee per copy $ 0.15 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the amended fees for photocopies in the City's Libraries and the Law Library. 3. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 4. The fees established by this Resolution shall remain in effect until amended by this Council. 5. This Resolution shall be in full force and effect on July 1,2005. APPROVED Mary F. Parke~ City Clerk C. Nelson Harris Mayor 374 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10'h day of May, 2005. No. 37045-051005. AN ORDINANCE amending §32-284, Levy of tax; amount, Article XlV, Tax on Prepared Food and Beverage, Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by increasing the tax rate on prepared food and beverages from four percent (4%) to five percent (5%), providing for an effective date; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-284, Levy of tax; amount, Article XlV, Tax on Prepared Food and Beveraqe, Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: §32-284. Levy of tax; amount. In addition to all other taxes and fees of any kind now or hereafter imposed by law, a tax is hereby levied and imposed on the purchaser of all food sold in the city in or from a restaurant, whether prepared in such restaurant or not and whether consumed on the premises or not, or by a caterer regardless of place of delivery or consumption. The rate of this tax shall be t,~,,,, .... ~-,J'A~ five (5) percent of the amount paid for such food. In the computation of this tax, any fraction of one-half cent ($0.005) or more shall be treated as one cent ($0.01). 2. Pursuant to §12 of the Roanoke City Charter the second reading by title paragraph is hereby dispensed with. 3. This ordinance shall be in full force and effect on July 1,2005. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 375 COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10'h day of May, 2005. No. 37046-051005. AN ORDINANCE adopting the annual General, Civic Facilities, Parking, Market Building, Department of Technology, Fleet Management, Risk Management, School, School Food Services and Grant Funds Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2005, and ending June 30, 2006; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the General, Civic Facilities, Parking, Market Building, Department of Technology, Fleet Management, Risk Management, School, School Food Services and Grant Funds in the fiscal year beginning July 1, 2005, and ending June 30, 2006, shall constitute General, Civic Facilities, Parking, Market Building, Department of Technology, Fleet Management, Risk Management, School, School Food Services, and Grant Funds and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: General Fund Revenues General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Current Services Miscellaneous Total Revenues Appropriations 93,243,000.00 65,801,000.00 1,069,000.00 1,354,000.00 722,000.00 49,770,000.00 38,000.00 11,418,000.00 384~000.00 $ 223,799,000.00 Treasurer Clerk of Circuit Court Juvenile and Domestic Relations Court Services 893,774.00 376 Juvenile and Domestic Relations Court Clerk Magistrate General District Court Circuit Court Commissioner of the Revenue Sheriff Jail $ 2,176,319.00 12,962~027.00 Commonwealth's Attorney Cost Collections Unit $1,319,516.00 70,428.00 City Council City Attorney City Clerk Municipal Auditing Department of Finance Office of Billings and Collections Real Estate Valuation Board of Equalization $ 1,806,641.00 649,609.00 955,332.00 20,944.00 Residual Fringe Benefits Miscellaneous Transfers to School Fund Transfers to Greater Roanoke Transit Company Transfers to Debt Service Fund Transfer to Other Funds Electoral Board Office of Communications City Manager Memberships and Affiliations Personnel Lapse Contingency Environmental and Emergency Management Roanoke Arts Commission Economic Development Department of Management and Budget $ 15,138,346.00 1,389,944.00 3,432,526.00 287,944.00 (2,122,406.00) 2,118,056.00 257,438.00 335,512.00 1,047,234.00 572,951.00 Human Resources $ 1,141,432.00 Occupational Health Clinic 490,934.00 1,632,366.00 E911 Center E911 Wireless Telecommunications Director of General Services Management Services Purchasing Building Maintenance Custodial Services Fire Administration Fire Support Fire Operations Fire Airport Rescue Emergency Medical Services Director of Public Works Solid Waste Management Transportation - Streets and Traffic Transportation - Paving Transportation - Snow Removal Transportation - Street Lighting Transportation - Engineering & Operations Engineering Planning and Development Building Inspections Neighborhood Partnership Citizens Service Center Housing and Neighborhood Services Parks Parks & Recreation Administration Youth Services Recreation Director of Human Services/Social Services Income Maintenance $ 2,153,780.00 31 7,905.00 606,941.00 $ 168,869.00 106,599.00 295,470.00 $ 3,627,288.00 1,161,651.00 $ 779,609.00 752,325.00 13,272,748.00 656,987.OO 2,123,768.00 $ 230,356.00 6,305,809.00 4,530,129.00 2,428,952.00 253,869.00 916,614.00 1,508,593.00 1,723,428.00 $ 1,088,524.00 769,741.00 $ 144,622.00 24,625.00 1,453,868.00 $ 3,281,367.00 1,380,027.00 300,360.00 1,420,826.00 $ 1,589,997.00 5,041,676.00 377 3,078,626.00 570,938.00 4,788,939.00 17,585,437.00 17,897,750.00 1,858,265.00 1,623,115.00 6,382,580.00 378 Social Services - Services Revenue Maximization Employment Services Foster Parent Training Human Services Support Virginia Institute for Social Services Training Activities Hospitalization Youth Haven Outreach Detention Crisis Intervention Health Department Mental Health Human Services Committee Comprehensive Services Act (CSA) CSA - Administration Virginia Cooperative Extension Service Police Administration Police Investigation Police Patrol Police Services Police Training Police Animal Control Libraries Law Library Total Appropriations Civic Facilities Fund Revenues Operating Non-Operating Total Revenues $10,257,729.00 54,267.00 1,393,351.00 110,844.00 145,796.00 590,427.00 239,348.00 556,768.00 505,262.00 3,158,027.00 11,535,630.00 3,118,611.00 735,620.00 838,751.00 $ 2,716,006.00 148,435.00 $ 18,593,660.00 373,357.00 78,335.00 1,386,543.00 1,251,477.00 434,481.00 561,982.00 9,152,256.00 67,047.00 61,903.00 19,891,901.00 2,864,441.00 $ 223~799,000.00 $ 3,801,000.00 1,998,374.00 $ 5,799~374.00 Appropriations Operating Expenses Promotional Expenses Concessions Catering Victory Stadium Capital Outlay Debt SerVice Total Appropriations Parkinq Fund Revenues Operating Total Revenues Appropriations Parking COordination Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Gainsboro Parking Garage Church Avenue Surface Lot Bullitt Avenue Surface Lot Salem Avenue Surface Lot Gainsboro Surface Lot Williamson Road Surface Lot Debt Service Total Appropriations Market Buildinq Fund Revenues Operating Non-Operating Total Revenues 379 $ 3,282 083.00 525 420.00 632 866.00 190 265.00 252 147.00 75 000.00 841 593.00 $ 5,799,374.00 $ 2,720,000.00 $ 2,720,000.00 $ 56,886.00 153,485.00 217,654.00 226,525.00 361,918.00 243,917.00 88,182.00 5,585.00 .39,828.00 10,789.00 26,213.00 33,444,00 1,255,574.00 $ 2,720,000.00 $ 276,855.0O 35,000.00 $ 311,855.00 38O Appropriations Operating Expenses Total Appropriations Department of Technology Fund Revenues Operating Non-Operating Total Revenues Appropriations Operating Expenses Capital Outlay Total Appropriations Fleet Management Fund Revenues Operating Non-Operating Total Revenues Appropriations Operating Expenses Capital Outlay Debt Service Total Appropriations Risk Manaqement Fund Revenues Operating Non-Operating Total Revenues $ 311,855.00 $ 311,855.00 $ 6,321,472.00 50,000.00 $ 6,371,472.00 $ 5,091,323.00 1,280,149.00 $ 6,371,472.00 $ 5,495,415.00 100,000.00 $ 5,595,415.00 $ 3,160,279.00 1,877,539.00 557,597.00 $ 5,595,415.00 $ 12,561,500.00 160,000.00 $ 12,721 ~500.00 Appropriations Risk Management Administration Risk Management - Other Expenses Total Appropriations SchoolFund Revenues Grants-in-Aid Commonwealth State Sales Tax (ADM) Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Interest on Investments Total Revenues Appropriations Instruction Administrative Services Attendance and Health Services Transportation Operation/Maintenance of Plant Facilities Other Uses of Funds Total Appropriations School Food Services Fund Revenues Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Total Revenues Appropriations Food Services Total Appropriations 381 $ 1,147,000.00 13~240,750.00 $ 14,387,750.00 $ 53,072,458.00 12,050,078.00 125,000.00 2,720,100.00 54,327,299.00 25,000.00 $ 122,319,935.00 $ 91,438,949.00 2,934,420.00 1,921,113.00 5,119,916.00 12,577,074.00 1,083,215.00 7,245,248,00 $ 122,319~935.00 $ 81,789.00 3,265,224.00 1,649,927.00 $ 4,996,940.00 $ 4,996,940.00 $ 4,996,940.00 382 Grant Fund Revenues Virginia Juvenile Community Crime Control Act Total Revenues $ 94,854.00 $ 94,854.00 Appropriations Substance Abuse Services - Court Services Unit Enhanced Community Services - Court Services Unit Total Appropriations $ 43,006.00 51 ~848.00 $ 94,854.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That the Director of Finance be, and he is hereby authorized and directed to transfer between accounts such appropriations for salaries and wages for th'e labor force as may be necessary to cover cost of labor performed by one department for another. 4. That funding for all outstanding encumbrances, at June 30, 2005, are re-appropriated to the 2005-06 fiscal year to the same department and account for which they are encumbered in the 2004-05 fiscal year. 5. That this ordinance shall be known and cited as the 2005-06 General, Civic Facilities, Parking, Market Building, Department of Technology, Fleet Management, Risk Management, School, School Food Services and Grant Funds Appropriation Ordinance; and 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby disPensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 383 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10'h day of May, 2005. No. 37047-051005. AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City effective July ], 2005; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are members of the Regional Hazardous Materials Response Team; providing for continuation of a police career enhancement program; providing for continuation of a Firefighter/Emergency Medical Technician merit pay program; providing for a Community Policing Specialist program; providing for payment of a monthly stipend to certain board and commission members; providing for an increase in base annual salary for any employee of the Sheriffwho meets the qualifications for and has been appointed Master Deputy Sheriff; repealing, to the extent of any inconsistency, Ordinance No. 36693-05]304, adopted May 13, 2004, as amended by Ordinance No. 36935-010305, adopted on January 3, 2005, except for Paragraph 17 thereof, relative to the annual salaries of the Mayor, Vice-Mayor, and Council members; providing for the salaries of the City's Constitutional Officers; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Pursuant to §2-69, Code of the City of Roanoke (1979), as amended, there is hereby adopted by the Council and made applicable to all classified officers and employees of the City on July 1, 2005, the Pay Plan hereinafter set out in its entirety, which shall read and provide as follows: CITY OF ROANOKE, VIRGINIA PAY PLAN July 1, 2005 Minimum Pay Grade Annual Salary Maximum Annual Salary 04 $17,342.26 $ 26,880.62 05 18,209.62 28,224.82 06 19,574.88 30,340.96 07 21,086.52 32,684.08 08 23,297.56 36,111.14 09 25,743.38 39,902.20 384 10 28,448.42 $ 44,094.96 11 30,452.24 47,200.92 12 33,953.92 52,628.68 13 37,859.64 58,682.52 14 42,212.30 65,429.00 15 47,067.02 72,953.92 16 53,165.84 82,407.00 17 59,279.48 91,883.22 18 66,096.68 102,449.88 19 74,612.72 115,649.82 20 83,192.98 128,949.08 21 92,760.20 143,778.44 In addition, effective January 1, 2006, non-probationary sworn officers of the Sheriff's Department and uniformed members of the City's Fire-Emergency Medical Services Department, not including the chief of the Department, shall receive an addition of four percent (4%) to their base pay. 2. The Pay Plan adopted by this Ordinance shall remain in effect until amended by Council. 3. Pursuant to §2-68, Code of the City of Roanoke (1979), as amended, effective July 1, 2005, the City Manager shall promulgate and cause to be distributed among the officers and employees of the City a Classification Plan, consisting of a plan of classification assigning a pay grade and pay range in accordance with this Ordinance and class code to each position in the classified service of this City. 4. Performance increases, up to three and one-half percent (3.5%) of the employees' current base salary, may be awarded officers and employees according to their performance scores. Effective July 1, 2005, for officers and employees appointed or hired after July 1,2004, performance increases shall be prorated based on number of pay periods served pursuant to policies and procedures promulgated by the City Manager. 5. If, after any applicable salary increases provided for in this Ordinance, any officer's or employee's salary is below the applicable minimum for his or her pay range, such officer's or employee's annual base salary shall be adjusted to the applicable minimum. 6. Annual salary increments payable on a bi-weekly basis are provided for the hereinafter set out job classifications which require the incumbent to privately own or lease a motor vehicle routinely used in 'the course of conducting City business as follows: 385 POSITION TITLE Appraiser I Appraiser II Assistant City Managers (unless City Manager has assigned a City vehicle to the individual Assistant) ANNUAL SALARY INCREMENT $ 1,620.00 $ 1,620.00 $ 2,000.00 City Attorney $ 2,000.00 City Clerk $ 2,000.00 Deputy Director of Real Estate Valuation $ 1,620.00 Director of Civic Facilities $ 2,000.00 Director of Finance Director of Real Estate Valuation Municipal Auditor Supervising Appraiser Senior Tax Compliance Administrator $ 2,000.00 $ 1,620.00 $ 2,000.00 $ 1,620.00 $ 1,620.00 If the requirement that any of the foregoing officers or employees own or lease a motor vehicle for routine use in the conduct of City business should be eliminated, then the salary increment established by this Ordinance shall be terminated as of the date of elimination of such requirement. 7. In order equitably to compensate sworn police officers assigned to the Criminal Investigation Division and in lieu of provision by the Police Department of uniforms and accessories, each such officer shall be accorded an annual salary increment of $600.00 payable on a.bi-weekly basis asa uniform allowance. 8; Each employee of the Fire*Emergency Medical Services Department hired by the City as a Firefighter prior to April 18, 1991, who has received Emergency Medical Technician certification and actively participates in the City's First Responder Program shall be accorded an annual salary increment of $1,200.00 payable on a bi-weekly basis. 9. Each employee of the Fire-Emergency Medical Services Department who has been certified to either the Specialist or Technician level for the handling of hazardous materials and who is a member of the Regional Hazardous Materials Response Team shall be accorded an annual salary increment of $1,200.00 payable on a bi-weekly basis. 386 10. The City Manager is authorized to continue a police career enhancement program to provide pay incentives to police officers below the supervisory level. Such program may include consideration for training, formal education, experience, and specialized assignments. The annual pay supplement shall range from $938.00 to $4,182.00 payable on a bi-weekly basis. 11. The City Manager is authorized to continue a Community Policing Specialist program to provide pay incentives to police officers. Such program may include consideration for training and community participation.. The annual pay supplement is two percent (2%) of base salary. 12. The City Manager is authorized to continue a merit pay program for Firefighter/Emergency Medical Technicians who attain a cardiac technician certificate. The annual pay supplement shall be in the amount of $1,769.00 payable on a bi-weekly basis. If a qualified employee is receiving an EMT stipend, pursuant to the provisions of Paragraph 8, above, then the employee shall, in addition to the EIVIT stipend, receive the difference between such stipend and the merit pay authorized hereby. 13. A pay stipend of $100.00 per month, or $1,200.00 annually, paid monthly, shall continue to be awarded to members of the City Planning Commission and the Board of Zoning Appeals upon attainment of certification through the Virginia Certified Planning Commissioner Program and the Virginia Certified Board of Zoning Appeals Program, respectively. New appointees will be required to attain certification within one year of the date of appointment 14. A pay stipend of $100.00 per month, or $1,200.00 annually, paid monthly, shall be awarded to members of the Architectural Review Board. The requirement for certification of members by the Virginia Certified Architectural Review Program, adopted by Council effective July 1,2004, is hereby suspended until the Program has been fully developed and made operational by the Virginia Department of Historic Resources (VHDR). 15. When any salary increase provided in paragraphs 4, 10, 11 or 12 of this Ordinance would cause an officer or employee to exceed the maximum annual pay range applicable to such officer's or employee's position, such officer or employee shall receive a salary increase only in such amount as will not exceed the maximum pay range for such officer's or employee's position. 16. Each employee of the Sheriff's office who meets qualifications for Master Deputy Sheriff and has been appointed such by the Sheriff shall receive a five percent (5%) increase to base annual salary. This increase shall be capped al no more than five percent (5%) above the pay range maximum for a Deputy Sheriff. Any Master Deputy Sheriff who fails to meet required qualifications and is removed from appointment by the Sheriff shall have the base annual salary reduced by five percent (5%). 387 17. To the extent of any inconsistency, Ordinance No. 36693-051304, adopted May 13, 2004, as amended by Ordinance No. 36791-011904, adopted on January 3, 2005, except for Paragraph 17 thereof, which shall remain in force and effect until amended in accordance with the provisions of State law, relative to the annual salaries of the Mayor, Vice-Mayor and Council members, is hereby REPEALED. 18. Until July 1, 2005, the salaries of the Clerk of Circuit Court, Commonwealth's Attorney, Commissioner of Revenue, City Sheriff, and City Treasurer, the City's Constitutional Officers, shall be as set by Council by Ordinance No. 36791-080204, adopted August 2, 2004. Effective July 1, 2005, the salaries shall be their then current salary increased by three percent (3%), unless modified by ordinance duly adopted by Council. 19. Any increase in compensation due to any officer or employee due under this ordinance shall be first paid beginning with the paycheck of July 13, 200S. 20. The provisions of this ordinance shall be in full force and effect on and after July 1,2005. 21. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10'h day of May, 2005. No. 37048-051005. AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 388 1. The retirement allowance payable on account of certain members of the City of Roanoke Pension Plan being defined in Paragraph 2 infra who retired on or before July 1, 2004, shall effective July 1, 2005, be increased by two and one-quarter percent (2.25%) of itself, not including any incentive payments made under the Voluntary Retirement Incentive Program established by Ordinance No. 30473-41591, adopted April 15, 1991, and not including any Retirement Supplement, as provided for in §22.2-61, Retirement Supplement, of the Code of the City of Roanoke (1979), as amended hereinafter "City Code"), calculated as of July 1,2005. 2. The increase in benefits provided for in Paragraph 1 of this ordinance shall apply to the following categories of persons entitled to receive benefits under the City of Roanoke Pension Plan only: Any member of the Employees' Supplemental Retirement System (hereinafter "ESRS") or of the Employees' Retirement System (hereinafter "ERS") retired under §22.2-43, Normal Service Retirement, or under §22.2-47, Retirement and Service Retirement Allowance Generally, respectively, of the City Code. Any member of ESRS or ERS retired under §22.2-50, Nonoccupational Disability Retirement Allowance, of the City Code; or Any member of ESRS or ERS retired under §22.2-51, Occupational Disability Retirement Allowance, of the City Code; or Any member of the ESRS retired under §22.2-44, Early Service Retirement Allowance, or §22.2-45, Vested Allowance, or any member of ERS retired under §22.2-48, Early Service Retirement Allowance, or §22.2-49, Vested Allowance, of the City Code; or Any surviving spouse of a member, provided such surviving spouse is entitled to benefits under Article IX, Payment of Benefits, of Chapter 22.2, Pensions and Retirement, of the City Code, and further provided that the deceased member through whom the surviving spouse is entitled to benefits would qualify, if alive, under paragraph 2.a., 2.b., 2.c., or 2.d. of this ordinance; or Any member retired under §22.2-75, Pensions for Members of Police and Fire Departments as of December 31, 1945, of Chapter 22.2, Pensions and Retirement, of the City Code, or the surviving spouse of any such member. 389 3. This ordinance shall be in full force and effect on July 1,2005. 4. Pursuant to the provisions of Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10'h day of May, 2005. No. 37049-051005. AN ORDINANCE to appropriate funding from the General and Capital Projects Funds for various capital improvement projects, amending and reordaining certain sections of the 2005-2006 Capital Projects, Department of Technology, and Fleet Management Funds 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 2005-2006 Capital Projects, Department of Technology, and Fleet Management Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Pr~ ects Fund Appropriations Appropriated Appropriated Appropriated Appropriated Appropriated Appropriated Appropriated Appropriated Appropriated From General Revenue 008-530-9552-9003 $ 150,000.00 From General Revenue 008-530-9823-9003 40,000.00 From General Revenue 008-530-9736-9003 199,274.00 From General Revenue 008-510-9620-9003 217,184.00 From General Revenue 008-530-9845-9003 250,000.00 From General Revenue 008-530-9799-9003 250,000.00 From General Revenue 008-440-9860-9003 150,000.00 From General Revenue 008-615-8114-9003 235,000.00 From General Revenue 008-620-9825-9003 90,000.00 008-S30-9575-9003 1,823,018.00 Appropriated From General Revenue Transfer to Department of Technology Fund 008-530-9712-9513 450,000.00 390 Transfer to Fleet Management Fund Revenues Transfer from General Fund Fund Balance Residual Equity Transfer 008-530-9712-9517 008-110-1234-1037 008-3337 $ 450,000.00 3,204,476.00 (1,100,000.00) Department of Technoloq¥ Fund Appropriations Appropriated From General Revenue Revenues Transfer from Capital Projects Fund 013-430-1602-9300 013-110-1234-0959 450,000.00 450,000.00 Fleet Manaqement Fund Appropriations Appropriated from General Revenue Revenues Transfer from Capital Projects Fund 017-440-2642-9003 017-110-1234-0959 450,000.00 450,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. C Nelson Harris City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10'" day of May, 2005. No. 37050-051005. A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by letter of May 10, 2005. WHEREAS, by letter of May 10, 2005, and the attachment to such letter, the City Manager has presented an update to the City's Five-Year Capital Improvement Program for Fiscal Years 2006-2010 in the recommended Resource Allocation Plan totaling $257,922,677.00; 391 WHEREAS, the program will require a public hearing on the authorization for the issuance of general obligation bonds for the Art Museum ($3,700,000.00), the Downtown West Parking Garage ($2,600,000.00), Financial Application Integration ($2,600,000.00), and Countryside Golf Course ($3,975,000.00); WHEREAS, the Capital Improvement Program and the funding recommendation for projects is affordable and consistent with previous discussions by City Council and actions taken by City Council; and WHEREAS, this Council is desirous of endorsing the recommended update to the Capital Improvement Program; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council endorses and concurs in the recommendations of the City Manager for a certain update to the Five-year Capital Improvement Program for the City of Roanoke for Fiscal Years 2006-2010, the related funding recommendations, as set out in the letter of the City Manager dated May 10, 2005, and the attachments to such letter, and authorizes the holding of a public hearing on June 20, 2005, on the issuance the of bonds described above. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10'h day of May, 2005. No. 37051-051005. A RESOLUTION approving the 2005 - 2010 Consolidated Plan and authorizing the City Manager, or the City Manager's designee, to sUbmit the approved Consolidated Plan to the United States Department of Housing and Urban Development (HUD) for final review and approval, and authorizing the execution of all necessary documents pertaining to such Consolidated Plan. WHEREAS, in order to receive Community Development Block Grant ("CDBG"), HOME Investment Partnership ("HOME"), and Emergency Shelter Grant funding, HUD requires that entitlement localities such as the City of Roanoke submit a 5-year Consolidated Plan and Annual Updates; 392 WHEREAS, the current 5-Year Consolidated Plan for the City of Roanoke will expire on June 30, 2005; WHEREAS, opportunities for community input regarding the Consolidated Plan were provided at public meetings held September 23, and November 4, 2004, and March 31, and April 28, 2005; by a 30-day public review and comment period beginning April 4, and ending May 3, 2005; by dissemination of information to members of the Roanoke Neighborhood Advocates; and by publishing information on the City of Roanoke website; and WHEREAS, the Consolidated Plan must be approved by this Council and received by HUD by May 16, 2005, to ensure timely receipt of new entitlement funds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the 2005 - 2010 Consolidated Plan is hereby approved; and BE IT FURTHER RESOLVED that the City Manager, or the City Manager's designee, is hereby authorized, for and on behalf of the City, to submit the approved 5-Year Consolidated Plan to HUD for final review and approval, and to execute all necessary documents pertaining to such Consolidated Plan, such documents to be approved as to form by the City Attorney, as more particularly set forth in the City Manager's letter dated May !0, 2005, to this Council. APPROVED ATTEST: City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10'h day of May, 2005. No. 37052-051005. AN ORDINANCE amending Chapter 2, Administration., Article VIII, Finance Generally, of the Code of the City of Roanoke (1979), as amended, by repealing §2-189, Reserve for capital improvements and capital maintenance and equipment; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 393 ]. Chapter 2, Administration, Article VIII, Finance Generally, of the Code of the City of Roanoke (1979), as amended, is hereby amended by the repeal of §2-189, Reserve for capital improvements and capital maintenance and equipment. 2. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10'" day of May, 2005. No. 37053-051005. A RESOLUTION approving and adopting a policy entitled "City of Roanoke Virginia' Budget Stabilization Reserve Policy" for the City. WHEREAS, the Government Finance Officers Association (GFOA) and other organizations recommend that local governments develop and adopt financial management policies as part of their financial management systems, and in the interest of continuing and promoting sound financial decisions, this Council is desirous of adopting such policy; 394 WHEREAS, the Director of Finance has developed a proposed Budget Stabilization Reserve Policy for the City and transmitted it to the Council for its consideration by a report dated May 10, 2005; and WHEREAS, the Council believes that the proposed Budget Stabilization Reserve Policy will establish suitable parameters for the making of sound financial decisions for this City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the policy entitled "City of Roanoke Virginia Budget Stabilization Reserve Policy" which has been transmitted to Council by a report of the Director of Finance dated May 10, 2005, be and it is hereby approved and adopted as the Budget Stabilization Reserve Policy for the City of Roanoke. APPROVED Mary F. Parker C. Nelson Harris City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10'h day of May, 2005. No. 37054-051005. A RESOLUTION approving and adopting a Debt Policy Ar the City of Roanoke. WHEREAS, the Government Finance Officers Association and other organizations recommend that local governments develop and adopt debt policies as part of their financial management systems and this Council last did so on April 7, 2003, by the adoption of Resolution No. 36280-040703; WHEREAS, the Director of Finance has developed a proposed Debt Policy for the City and transmitted it to the Council for its consideration by a report dated May 10, 2005; and WHEREAS, the Council believes that the proposed Debt Policy will establish suitable parameters for the issuance of debt by the City and for the management of the City's debt portfolio. 395 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Debt Policy which has been transmitted to Council by a report of the Director of Finance dated May 10, 2005, be and it is hereby approved and adopted as the Debt Policy of the City of Roanoke. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10'h day of May, 2005. No. 37055-051005. AN ORDINANCE to transfer funding establishing the Budget Stabilization Reserve, amending and reordaining certain sections of the 2004-2005 General and Debt Service Funds 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 2004-2005 General and Debt Service Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Revenues Transfer from Debt Service Fund Fund Balance Budget Stabilization Reserve Debt Service Fund Appropriations Transfer to General Fund Fund Balance Unappropriated 001-110-1234-1551 001-3353 012-250-8710-9509 012-3325 $ 15,5OO,000.OO 15,5OO,000.OO 15,500,000.00 (15,500,000.00 396 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10'" day of May, 2005. No. 37056-051005. A RESOLUTION approving an Economic and Community Development Reserve Policy dedicating Capital Projects Fund interest earnings and proceeds from the sale of real property for economic and community development initiatives. WHEREAS, currently there is not a dedicated funding source for economic community development initiatives, and the City Manager has recommended by letter dated May 10, 2005, that it would be beneficial to establish a dedicated funding source for these initiatives; and WHEREAS, the Council believes that a dedicated funding source for economic and community development initiatives would be beneficial. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Economic and Community Development Reserve Policy recommended in the City Manager's letter to Council dated May 10, 2005, regarding dedication of Capital Projects Fund interest earnings and proceeds from the sale of real property to funding economic and community development initiatives is hereby approved. Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor 397 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10'h day of May, 2005. No. 37057-051005. AN ORDINANCE amending and reordaining §2-121, Authority to transfer funds, of Article V, City Manager, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, to provide for the authorization of the City Manager to transfer funds; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 2-121, Authority to transfer funds, of Article V, City Manager, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §2-121. Authority to transfer funds. The City Manager may make or cause to be made transfers up to $75,000.00 within or between the several departments and divisions set forth by fund in the annual appropriation ordinance, except during the period from April 1 through June 30 annually, the City Manager may make transfers in excess of 75,000 within or between the several departments and divisions set forth by fund in the annual appropriation ordinance. The Director of Finance shall report alt such transfers to City Council on a quarterly basis. 2. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: Mary F. ParEer City Clerk C. Nelson Harris Mayor 398 IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA, The 16'h day of May, 2005. No. 37058-051605. AN ORDINANCE to appropriate funds for the Compensation Board Technology Trust Fund Grant, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Maintenance Contracts Revenues Compensation Board Technology Trust Fund 035-120-5144-2005 035-120-5144-5344 $36,590.00 36,590.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'h day of May, 2005. No. 37059-051605. A RESOLUTION authorizing the acceptance of funding from the Compensation Board of the Commonwealth of Virginia through the Technology '[rust Fund and authorizing the acceptance, execution and filing of appropriate documents to obtain such funds. 399 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the funding for technology upgrades for the office of the Clerk of Circuit Court in the total amount of $34,190 from the Compensation Board of the Commonwealth of Virginia. 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. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding for the Clerk of Circuit Court's office. APPROVED ATTEST: Mary F. Parker C. Nelson Harris City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'h day of May, 2005. No. 37060-051605. AN ORDINANCE to appropriate flood insurance proceeds to various departments, amending and reordaining certain sections of the 2004-2005 General and Civic Facilities Funds 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 2004-2005 General and Civic Facilities Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Flood Damage Repairs Flood Damage Repairs Revenues Flood Damage Reimbursements 001-620-4340-2300 001-530-4110-2300 001-110-1234-0664 $ 25,935.00 3,102.00 29,037.00 400 Civic Facilities Fund Appropriations Flood Damage Repairs Revenues Flood Damage Reimbursements 005-550-7410-2300 $135,238.00 135,238.00 005-110-1234-0664 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'h day of May, 2005. No. 37061-051605. A RESOLUTION expanding the Melrose Rehabilitation District and establishing a new rehabilitation district, the Washington Park/Williamson Road Rehabilitation District. WHEREAS, on September 12, 1982, City Council established the Melrose Rehabilitation District in the vicinity of the Melrose-Rugby Neighborhood by adopting Resolution No. 26217, and on September 16, 2002, City Council expanded such district by adopting Resolution No. 36057-091602; WHEREAS, the Melrose Rehabilitation District is adjacent to an area embraced in the Harrison Conservation Plan which City Council approved on November 10, 1980, by adopting Resolution No. 25373; WHEREAS, City Council wishes to establish a new rehabilitation district, the Washington Park/Williamson Rehabilitation District; WHEREAS, the Washington Park/Williamson Road Rehabilitation District is also adjacent to an area embraced in the Harrison Conservation Plan; 40l WHEREAS, the Melrose Rehabilitation District, the Washington Park/Williamson Road Rehabilitation District and the Harrison Conservation Area, are delineated on maps attached to the City Manager's letter dated May 16, 2005, to this Council and filed in the Office of the City Clerk for the City of Roanoke; and WHEREAS, pursuant to the provisions of §36-52.3, Code of Virginia (1950), as amended, City Council finds that the portions of the City described below are deteriorating and that if such portions are not rehabilitated, such portions of the City of Roanoke are likely to deteriorate to a condition similar to that which existed in the conservation area embraced in the Harrison Conservation Plan. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Melrose Rehabilitation District be, and is, hereby expanded to include the following area: Beginning at a point located at the intersection of the eastern right-of-way line of Lafayette Boulevard, N.W., and the northern right-of-way line of Melrose Avenue, N.W., and proceeding west along the northern right-of- way line of Melrose Avenue to the southwestern corner of tax parcel 2660515; Then proceeding north along the western property lines of tax parcels 2660515, 2660514, 2660513, 2660512, 2660511, 2660510, and 2660516, across the western right-of-way line of Olivet Street, N.W., and continuing along the western property line of tax parcel 2660506, to the northwestern corner of tax parcel 2660506; Then proceeding east along the northern property lines of tax parcels 2660506 and 2660507; Then proceeding north along the western property line of tax parcel 2660602 to the northwestern corner of said parcel; Then proceeding east along the northern property lines of tax parcels 2660602, 2660601, 2660701, 2540102, and 2540101, to the southeastern corner of tax parcel 2550101; Then proceeding north along the western right-of-way line of Golfside Avenue, N.W., to its intersection with the southern right-of-way line of Forest Park Boulevard, N.W.; Then proceeding south along the southern right-of-way line of Forest Park Boulevard, N.W., to the southeast corner of tax parcel 2440116; 402 Then proceeding east to the northern corner of tax parcel 2440501, and continuing east to the southern corner of tax parcel 2460351; Then proceeding northeast along the northwestern boundaries of tax parcels 2460308, 2460350, 2460349, 2460348, 2460353, 2460307, 2460306, and 2460304, across the right-of-way of Florida Avenue, and continuing northeast along the northwestern property lines of tax parcels 2460234, 2460232, 2460231, 2460226, 2460222, and 2460204, to the southern right-of-way line of Cove Road, N.W.; Then proceeding east along the southern right-of-way line of Cove Road, N.W., to the point where it intersects with the eastern right-of-way line of Lafayette Boulevard, N.W.; Then proceeding south along the eastern right-of-way line of Lafayette Boulevard, N.W., to its intersection with the northern right-of- way line of Melrose Avenue, N.W., the point of beginning. 2. The Washington Park/Williamson Road Rehabilitation District be, and hereby is, established to include the following area: Beginning at a point at the intersection of the southern right-of-way line of Orange Avenue, N.W., and western right-of-way line of Gainsboro Road, N.W., and proceeding west along the southern right-of-way line of Orange Avenue, N.W., to its intersection with the western right-of-way line of Tenth Street, N.W.; Then proceeding north along the western right-of-way line of Tenth Street, N.W., to the southern right-of-way line of Andrews Road, N.W.; Then proceeding west along the southern right-of-way line of Andrews Road, N.W., and continuing north along the western right-of-way line of Andrews Road, N.W., and continuing north across Rockland Avenue, N.W., and continuing north along the western right-of-way line of Court Street, N.W., to the southern right-of-way line of Interstate 581; Then proceeding east along the southern right-of-way line of Interstate 581, to the western right-of-way line of Tenth Street, N.W.; Then proceeding north along the western right-of-way of Tenth Street, N.W., to the southeast corner of tax parcel 2140902; Then proceeding west along the southern property line of tax parcel 2140902, proceeding north along its western property line, then east along its northern property line to the southwest corner of tax parcel 2140925; 403 Then proceeding north along the western property lines of tax parcels 2140925, and 2140901, across Greenhurst Avenue, N.W., and continuing along the western property lines of tax parcels 2440810, 2440811, 2440812, 2440821, and 2440822, across Valley View Avenue, N.W., and continuing along the western property lines of tax parcels 2140609, 2140610, 2140611, and 2140612, across Courtland Road, N.W., and continuing along the western property lines of tax parcels 2140314, 2140315, 2140316, and 2140317, across Greenland Road, N.W., and continuing along the western property lines of tax parcels 2150933, 2150932, 2150931, 2150930, and 2150929, across Forest Hill Avenue, N.W., and continuing along the western property lines of tax parcels 2150729, 2150728, 2150727, 2150726, and 2150725, across Hillcrest Avenue, N.W., and continuing along the western property lines of tax parcels 2150320, 2150319, 2150318, 2150321x, 2150324, and 2150325, to the north corner of tax parcel 2150325; Then proceeding east to the west corner of tax parcel 2150322; Then proceeding along the western property lines of tax parcels 2150322, 2081108 through 2081114, inclusive, across Round Hill Avenue, N.W., and continuing along the western property line of tax parcels 2081008 through 2081012, inclusive, and 2081002, to the west right-of-way line of Williamson Road, N.W.; Then proceeding south along the west right-of-way line of Williamson Road, N.W., to the south right-of-way line of Fugate Road, N.E.; Then proceeding east along the south right-of-way line of Fugate Road, N.E., to the west right-of-way line of Plantation Road, N.E.; Then proceeding south along the west right-of-way line of Plantation Road, N.E., to the northeastern corner of tax parcel 3120601; Then proceeding east across Plantation Road, N.E., to the northwestern corner of tax parcel 3121124, and continuing along the northern property line of said parcel to its northeast corner; Then proceeding south along the eastern property lines of tax parcels 3121124, 3121123, 3121122, 3121121, 3121120, 3121119, 3121118, 3121117, 3121116, 3121115, 3121114, and 3121113, to the northern right-of way line of Forest Hill Avenue, N.E.; Then proceeding west along the northern right-of-way line of Forest Hill Avenue, N.E., and continuing across Plantation Road, N.E., to the southwest corner of tax parcel 3120612; 404 Then proceeding south across Forest Hill Avenue to northeast corner of tax parcel 3120713, and continuing south along the east property lines of tax parcels 3120713-3120718, inclusive, to the southeast corner of 3120718; Then proceeding west along the south property line of 3120718 to the western right-of-way line of Byrd Avenue, N.E. (undeveloped); Then proceeding south along the western right-of-way line of Byrd Avenue, N.E., to the southeastern corner of tax parcel 3120307; Then proceeding west along the southern property lines of tax parcels 3120307 and 3120314, across Larchwood Street (undeveloped), and continuing west along the southern property line of 3120217 to the parcel's northwest corner; Then proceeding south along the eastern property lines of tax parcels 3081319, 3081321 through 3081331, 3110707, 3110706, 3110705, 3110704, 3110703, 3110702, and 3110701, to the northern right-of-way line of Thurston Avenue, N.E.; Then proceeding west along the northern right-of-way of Thurston Avenue, N.E., to the western right-of-way line of Colgate Street, N.E.; Then proceeding south along the western right-of-way line of Colgate Street, N.E., across Lone Oak Avenue, N.E., to the northwest corner of tax parcel 3071021, and continuing south along the eastern property lines of tax parcels 3071021, 3071016, 3071015, 3071014, 3071013, 3071012, 3071011, 3071010, 3071009, 3071008, 3071005, 3071003, and 3071001, to the southeastern corner of tax parcel 3071001; Then proceeding west along the southern property line of tax parcel 3071001 to its southwest corner, and continuing west to the southeast corner of tax parcel 3070708, continuing west along the southern property line of tax parcel 3070708 to its southwest corner; Then proceeding north along the western property lines of tax parcels 3070708 through 3070716, inclusive, across Wayne Street, N.E., to the southwest corner of tax parcel 3110111, and continuing north along the western property lines of tax parcels 3110111 and 3110114 through 3110122, inclusive, across Thurston Avenue, N.E., and continuing along the western property lines of tax parcels 3110210 through 3110217, inclusive, to the northern right-of-way line of Noble Avenue, N.E.; Then proceeding west along the northern right-of-way line of Noble Avenue, N.E., across Williamson Road, and continuing west along the northern right-of-way line of Noble Avenue, N.W., to the western right-of- way line of interstate 581; 405 Then proceeding south along the western right-of-way line of Interstate 581 to the northern right-of-way line of Douglass Avenue, N.W.; Then proceeding west along the northern right-of-way line of Douglass Avenue, N.W., to the western right-of-way line of Burrell Street, N.W.; Then proceeding south along the western right-of-way line of Burrell Street, N.W., to the southern right-of-way line of Orange Avenue, N.W., where it intersects the western right-of-way line of Gainsboro Road, N.W., the point of beginning. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'h day of May, 2005. No. 37062-051605. AN ORDINANCE to appropriate funding from the Western Virginia Water Authority for the Carvins Cove Planning and Development Project, amending and reordaining certain sections of the 2004-2005 Capital Projects 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 2004-2005 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Proiects Fund Appropriations Appropriated from General Revenue Revenues WVWA - Carvins Cove Development 008-620-9825-9003 008-620-9825-9811 $40,335.00 40,335.00 406 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: '~,q~v~--~'~ Mary F. ParEer C Nelson Harris City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'" day of May, 2005. No. 37063-051605. AN ORDINANCE amending and reordaining §14.1-19, Collection in central business district, of Chapter 14.1, Solid Waste Manaqement, of the Code of the City of Roanoke (1979), as amended, by deleting requirements pertaining to set-out time for trash and recyclables within the central business district; and dispensing with the second reading by title of this ordinance~ BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 14.1-19, Collection in central business district, of Chapter 14.1, Solid Waste Manaqement, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by deleting requirements pertaining to set-out time for trash and recyclables within the central business district, to read and provide as follows: §14.1-19. Collection in central business district. 4.0,, p.m. and ~.,~,~ p.m. ,~,, ,,,~ day of-eottec-tiof~. 407 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: APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'h day of May, 2005. No. 37064-051605. AN ORDINANCE to appropriate funding for State Asset Sharing and Federal Forfeited Property Sharing, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages Investigations and Rewards Revenues Police Asset Forfeiture-Interest Asset Forfeiture - State Federal Forfeiture Subsidy Federal Asset Forfeiture-Interest 035-640-3302-1003 $ 43,573.00 035-640-3304-2150. 107,402.00 035-640-3302-3299 035-640-3302-3300 035-640-3304-3305 035-640-3304-3306 2,197.00 41,376.00 105,450.00 1,952.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker £ity Clerk Mayor 408 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of May, 2005. No. 37065-051605. A RESOLUTION supporting the City of Roanoke!s application for an allocation of $800,800.00 through the Virginia Department of Transportation Local Partnership Fund. WHEREAS, the City of Roanoke desires to submit an application for an allocation of funds up to $800,800.00 through the Virginia Department of Transportation Fiscal Year 2005-2006 Local Partnership Fund; WHEREAS, the Council of the City of Roanoke has identified a qualifying project and agrees to manage and administer this project; WHEREAS, $800,800.00 of these funds are requested to replace federal funds on the City of Roanoke - Signal Improvements and ITS, project number U000-128-131; and WHEREAS, $800,800.00 of the replaced funds are to be transferred to the Wonju Street Extension, project number U000-128-127. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council hereby supports this application for an allocation of $800,800.00 through the Virginia Department of Transportation Local Partnership Fund, all of which is described in greater detail in the City Manager's letter dated May 16, 2005, to this Council. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 409 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'h Day of May, 2005. No. 37066-051605. AN ORDINANCE amending Article IV, Parks, Chapter 24, Public Buildinqs and Property Generally, Code of the City of Roanoke (1979), as amended, by adding a new §24-103, Definition; purpose; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. Article IV, Parks, Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of a new §24-103, Definition; purpose, which shall read and provide as follows: §24-103. Definition; purpose. (a) The term "park," as used in this Article, shall mean any land, water, right-of-way, or way owned or managed by the City that is designated in the City's comprehensive plan as a park, or which is administered by the City as such, including,, but not limited to, the Carvins Cove Natural Reserve (as defined in §35-14), and all of the City-owned lands contiguous to and along the Roanoke River, Mill Mountain, and the Fishburn Parkway and Blue Ridge Parkway. (b) The purposes of the City's parks include enhancing the health, enjoyment, and quality of life of citizens by preserving and protecting open spaces and the natural environment, the native flora and fauna therein, and historic structures and areas; providing for sustainable active and passive recreational facilities and areas for public use; and contributing to the attractiveness of the community with landscaped and ornamented areas, buffers, and open spaces. 410 2. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'h day of May, 2005. No. 37067-051605. AN ORDINANCE to transfer funding to cover staffing and administrative costs of additional school instructional personnel, funding of fuel costs and to appropriate funding for the Title I D At-Risk Juvenile Detention Center Reading Teacher program, the Calculator Grant, the Western Virginia Regional Science Fair, and the Learn and Serve K-12 Virginia program, amending ,and reordaining certain sections of the 2004-2005 School 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 2004-2005 School Fund Appropriations be; and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teacher Stipends Inservice Social Security Every Day Math Materials Purchased Services Contracted Services Travel Expenses Membership Fees Instructional Supplies Security Guards Social Security Substitute Part-Time Guidance Part-Time Clerical Retiree Health Credit 030-062-6131-6104-0121 .$ 4,664.00 030-062-6131-6104-0129 500.00 030-062-6131-6104-0201 357.00 030-062-6131-6104-0614 3,000.00 030-062-6874-6108-0614 9,650.00 030-062-6877-6311-0313 2,615.00 030-062-6877-6311-0554 4,225.00 030-062-6877-6311-0581 500.00 030-062-6877-6311-0614 540.00 030-062-6877-6685-0195 349.00 030-062-6877-6685-0201 21.00 030-065-6878-6315-0021 100.00 030-065-6878-6315-0123 4,000.00 030-065-6878-6315-0151 8,000.00 030-065-6878-6315-0200 25.00 411 Social Security Retirement Health Insurance Purchased Services Printing Services Travel Expenses Supplies Compensation of Teachers Educational and Recreational Supplies Educational and Recreational Supplies Inservice Workshops Educational and Recreational Supplies Educational and Recreational Supplies Compensation of Directors Other Professional Services Compensation of Clerical Vehicle and Equipment Fuel Additional - Machinery and Equipment Interest Revenues Federal Grant Receipts Federal Revenue Local Match Fees Federal Grant Receipts 030-065-6878-6315-0201 030-065-6878-6315-0202 030-065-6878-6315-0204 030-065-6878-6315-0332 030-065-6878-6315-0351 030-065-6878-6315-0554 030-065-6878-6315-0614 030-062-6001-6100-0121 030-062-6001-6106-0614 030-062-6001-6112-0614 030-062-6001-6314-0587 030-062-6001-6143-0614 030~062-6002-6674-0614 030-064-6002-6200-0114 030-064-6002-6200-0313 030-065-6003-6676-0151 030-065-6003-6676-0609 030-065-6006-6681-0821 030-065-6007-6998-0902 030-062-6131-1102 030-062-6874-1102 030-062-6877-1101 030-062-6877-1103 030-065-6878-1102 $ 926.00 625.00 550.00 26,160.00 450.00 187.00 255,00 874,000.00 18,000.00 550.00 3,750.00 3,700.00 2,100.00 150,000.00 97,900.00 500,000.00 250,000.00 (500,000.00) (1,400,000.00) 8,521.00 9,650.00 2,000.00 6,250.00 41,278.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor 412 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'h day of May, 2005. No. 37068-051605. A RESOLUTION authorizing the Mayor to enter into a Memorandum of Understanding dated August 6, 2004, between the Roanoke Redevelopment and Housing Authority and the City of Roanoke. WHEREAS, in January, 2003, Councilman Rupert Cutler asked that the City of Roanoke ("City") and the Roanoke Redevelopment and Housing Authority ("RRHA") put in writing the expectations of each organization to strengthen their working relationship; WHEREAS, in October, 2003, at a joint meeting of City Council and the RRHA Board, Councilman Nelson Harris moved that the City and RRHA define the roles and expectations in a policy statement; WHEREAS, City Council appointed two members and the RRHA Board appointed two members to a committee to finalize the policy statement; WHEREAS, the Memorandum of Understanding has been finalized after receiving the comments of the members of City Council and the RRHA Board; and WHEREAS, it is in the best interest of the citizens of the City of Roanoke to strengthen the relationship between the City and RRHA. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Mayor be and he is hereby authorized to execute, for and on behalf of the City of Roanoke, the Memorandum of Understanding, dated August 6, 2004, between the Roanoke Redevelopment and Housing Authority and the City of Roanoke, which shall be approved as to form by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 413 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of June, 2005. No:37069-060605. A RESOLUTION paying tribute to George Carpenter "Chip" Snead, Assistant City Manager for Operations for the City of Roanoke, and expressing to him the appreciation of this City and its people for his exemplary public service. WHEREAS, Mr. Snead was born in Richmond, Virginia, and raised in Clifton Forge, Virginia; WHEREAS, Mr. Snead holds a Bachelor of Science degree in chemistry from the Citadel in Charleston, South Carolina (1967) and a Master of Arts Degree in teaching from the University of North Carolina at Chapel Hill (1969); WHEREAS, before practicing public administration, Mr. Snead served as an instructor at the Citadel from 1968 until 1969, and as a member of the teaching faculty at Virginia Polytechnic Institute and State University from 1969 until 1974; WHEREAS, Mr. Snead served as County Administrator for Craig County, Virginia from 1975 until 1982; WHEREAS, Mr. Snead began his employment with the City in 1982 as Director of Administration and Public Safety, and served as Director of Public Safety from 1994 to 2000; WHEREAS, Mr. Snead served as Assistant City Manager for Community Development from April 2000 until May 2001; WHEREAS, Mr. Snead has served as Assistant City Manager for Operations since May 2001, managing several City departments including Technology, General Services, Civic Facilities, Fire-EMS, Public Works, Human Resources, Environmental and Emergency Management, and Management and Budget; WHEREAS, Mr. Snead has served this City under four city managers: H. Bern Ewert, W. Robert Herbert, James D. Ritchie (Acting), and Darlene L. Burcham; WHEREAS, Mr. Snead is a 2003 Graduate of the Senior Executive Institute at the University of Virginia Weldon Cooper Center for Public Service, and a member of the International City Management Association (ICMA), where in May 2003, Mr. Snead achieved the designation as an ICMA Credentialed Manager; 414 WHEREAS, Mr. Snead has given his time to serve the Roanoke community during his tenure with the City, serving as a board member of the Children's Health Investment Program (CHIP), as president of the board for the National Conference for Community and Justice from 1996 to 1998, and through his involvement with the Regional Chamber of Commerce and the New Century Council; WHEREAS, Mr. Snead has announced his retirement as Assistant City Manager for Operations effective June 10, 2005; and WHEREAS, Mr. Snead has faithfully served the City of Roanoke and its citizens for 24 years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this means of recognizing and commending the many years of service rendered to the City of Roanoke and its people by George Carpenter "Chip" Snead. 2. The City Clerk is directed to transmit an attested copy of this resolution to Mr. Snead. APPROVED ATTEST: Ma~ .~er~' ~ City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of June, 2005. No. 37070-060605. AN ORDINANCE to appropriate funding for the Department of Social Services and Comprehensive Services Act, amending and reordaining certain sections of the 2004-2005 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. 415 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Residential Detention Services Salary Lapse Contingency Natural Gas Temporary Employee Wages Auxiliary Grant Program Indo-Chineses Program Telephone Business Meals and Travel ADC Foster Care Special Needs Adoption Adoption Incentive Funds Respite Services Emergency Relief Subsidized Adoption IV-E Child Day Care Quality Initiative Day Care Services Food Stamp Employee Training/Transportation Foster Care IV-E Residential Foster Care IV-E Children Special Education Residential Foster Care Family Other Revenues Aged, Blind, Disabled Foster Care General Administration Refugee Program Emergency Assistance 001-121-2130-2008 001-300-9410-1090 001-300-9410-2199 001-630-5311-2024 001-630-5313-1004 001-630-5313-3120 001-630-5313-3150 001-630-5314-2020 001-630-5314-2144 001-630-5314-3115 001-630-5314-3130 001-630-5314-3131 001-630-5314-3132 001-630-5314-3145 001-630-5314-3155 001-630-5314-3156 001-630-5314-3159 001-630-5316-3166 001-630-5410-3180 001-630-5410-3182 001-630-5410-3185 001-630-5410-3191 001-110-1234-0670 001-110-1234-0675 001-110-1234-0676 001-110-1234-0679 001-110-1234-0680 $ (130,000.00) (380,000.00) (87,659.00) 10,000.00 44,629;00 10,000.00 13,000.00 10,000.00 10,000.00 287,959.00 600,554.00 3,834.00 16,497.00 (10,000.00) 151,503.00 8,709.00 800,000.00 9,325.00 200,000.00 5O0,OOO.00 700,000.00 238,221.00 8,000.00 1,043,850.00 5,000.00 13,000.00 25,629.00 Employment Services Director of Social Services- Administration Day Care CSA-State Supplemental Child Day Care Quality Initiative Reasonable and Necessary 001-110-1234-0681 001-110-1234-0685 001-110-1234-0686 001-110-1234-0692 001-110-1234-0700 001-110-1234-0796 9,325.00 10,000.00 738,328.00 1,134,960.00 8,709.00 9,771.00 416 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of June, 2005. No. 37071-060605. AN ORDINANCE to appropriate funds for the Fifth District Disability Service Board Grant, amending and reordaining certain sections of the 2004- 2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Fifth District Disability Service Board FY06 Revenues Fifth District Disability Service Board FY06 035-630-5172-2010 035-630-5172-5277 $14,800.00 14,800.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: //~ ~ker Mary F. Par City Clerk C. Nelson Harris Mayor 417 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of June, 2005. No. 37072-060605. A RESOLUTION authorizing the City Manager to enter into a contract with the Fifth Planning District Commission Disability Services Board ("DSB") staff to provide continuing local administrative staff support, upon certain terms and conditions. WHEREAS, the DSB is responsible to local governments and serves as a critical resource for needs assessment, information sharing and service opportunities for citizens with disabilities, their families and the community; and WHEREAS, funds in the amount of $14,800.00 to continue local staff support in support of the DSB administration for a one (1) year period have been allocated to the DSB by the State Department of Rehabilitative Services. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a contract with existing DSB staff to provide continuing local administrative staff support for the Fifth District Disability Services Board, as recommended in the City Manager's letter to this Council dated June 6, 2005. 2. The form of the contract, and any necessary amendments, shall be in form approved by the City Attorney. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor 418 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of June, 2005. No. 37073-060605. AN ORDINANCE to appropriate funding to the Human Services Committee, amending and reordaining certain sections of the 2005-2006 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows, in part: Appropriations Subsidies Contingency Bradley Free Clinic League of Older Americans - Meals on Wheels Roanoke Area Ministries Unified Human Services Transportation (RADAR) Bethany Hall Council of Community Services - Information & Referral Northwest Child Development Center Roanoke Valley Speech & Hearing Center TRUST - Emergency Shelter & Transitional Housing Inner City Athletic Association West End Center for Youth Adult Care Center - Adult Day Care Conflict Resolution Center Roanoke Adolescent Health Partnership Roanoke Valley CASA Greenvale School Blue Ridge Independent Living Center Mental Health Association of Roanoke Valley Southwestern VA Second Harvest Food Bank 001-630-5220-3700 001-300-9410-2199 001-630-5220-3721 001-630-5220-3722 001-630-5220-3723 001-630-5220-3725 001-630-5220-3728 001-630-5220-3732 001-630-5220-3734 001-630-5220-3738 001-630-5220-3740 001-630-5220-3744 001-630-5220-3745 001-630-5220-3746 001-630-5220-3748 001-630-5220-3767 001-630-5220-3775 001-630-5220-3780 001-630-5220-3781 001-630-5220-3784 001-630-5220-3788 $(561,982.00) (5,000.00) 30,000.00 30,000.00 30,000.00 22,000.00 10,000.00 13,650.00 20,000.00 3,500.00 10,000.00 5,000.00 40,000.00 7,000.00 6,000.00 20,000.00 3,000.00 11,000.00 9,000.00 2,800.00 15,000.00 Planned Parenthood of the Blue Ridge St. John's Community Youth Program VA Skyline Girl Scouts Council Presbyterian Community Center - Pathways Program Children's Advocacy Center - Family Support Brain Injury Services of SW Virginia Apple Ridge Farm - Summer Academic Camp & Reading Adventure Family Service of Roanoke Valley - ACTION Family Service of Roanoke Valley - Home Care Aide Family Service of Roanoke Valley - Family & Individual Counseling Family Service of Roanoke Valley - Adults Plus Blue Ridge Legal Services Downtown Music Lab - Partners in Music Big Brothers - Big Sisters - Community Based Mentoring Roanoke Valley Interfaith Hospitality Network Salvation Army - Turning Point Salvation Army - Emergency Shelter Child Health Investment Partnership - Helpful Opportunities for Parents to Excel Child Health Investment Partnership - Family Strengthening Program Child Health Investment Partnership - Care Coordination Program YMCA of Roanoke Valley - Magic Place Child Care Program YMCA of Roanoke Valley - Homework Success & Drop-In Summer Outreach YWCA of Roanoke Valley - Therapeutic Aquatics YWCA of Roanoke Valley - School Age Childcare YWCA of Roanoke Valley- Youth Club YWCA of Roanoke Valley - Resident Prog ram 001-630-5220-3795 001-630-5220-3797 001-630-5220-3798 001-630-5220-3801 001-630-5220-3915 001-630-5220-3916 001-630-5220-3917 001-630-5220-3919 001-630-5220-3920 001-630-5220-3921 001-630-5220-3922 001-630-5220-3923 001-630-5220-3924 001-630-5220-3925 001-630-5220-3927 001-630-5220-3929 001-630-5220-3930 001-630-5220-3931 001-630-5220-3932 001-630-5220-3933 001-630-5220-3934 001-630-5220-3935 001-630-5220-3936 001-630-5220-3937 001-630-5220-3938 001-630-5220-3939 419 $ 5,000.00 5,000.00 5,000.00 2,500.00 7,500.00 2,500.00 10,000.00 15,000.00 15,000.00 10,000.00 14,500.00 6,000.00 4,000.00 3,000.00 8,000.00 14,000.00 14,000.00 5,000.00 25,000.00 25,000.00 9,000.00 10,000.00 5,000.00 7,000.00 10,000.00 3,532.00 420 Council of Community Services - Monitoring Services Council of Community Services - Non- Profit Resource Child Health Investment Project-FAMIS TAP - Fatherhood and Families 001-630-S220-3940 001-630-5220-3946 001-630-5220-3947 001-630-5220-3948 $ 11,000.00 15,000.00 5,000.00 7,500.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A~-rEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of June, 2005. No. 37074-060605. A RESOLUTION concurring in the recommendations of the Human Services Advisory Board ("Board") for allocation of City funds to various nonprofit agencies and performance audits for Fiscal Year 2005-2006; authorizing the City Manager or her designee to execute any required contracts with the qualified agencies for provision of services, and to execute a contract with the Council of Community Services to perform the necessary audits to evaluate the effectiveness and efficiency of all funded programs. WHEREAS, the Fiscal Year 2005-2006 budget approved by City Council for the Human Services Advisory Board provides for funding in the amount of $561,982.00; WHEREAS, in order to obtain an allocation for such funds, it was necessary for agencies to file applications with the Human Services Advisory Board; WHEREAS, requests for City funding in the total amount of $1,002,302.00 were received by the Human Services Advisory Board from forty (40) agencies; 421 WHEREAS, after studying each application and holding allocation meeting hearings, the Board has recommended allocation of funding to certain applicant agencies for Fiscal Year 2005-2006; and WHEREAS, performance audits'are to be conducted for each agency receiving funds through the Committee to evaluate the effectiveness and efficiency of funded programs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council concurs in the recommendations of the Human Services Advisory Board as to the allocations for funding of various nonprofit agencies and performance audits for'Fiscal Year 2005-2006 as more particularly set forth in the City Manager's letter, dated June 6, 2005, to this Council, and the attachment to that report. 2. The City Manager or her designee is authorized to execute a contract with the qualified agencies for provision of services, and to execute a contract with the Council of Community Services to perform the necessary audits to evaluate the effectiveness and efficiency of all funded programs. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of June, 2005. No. 37075-060605. AN ORDINANCE to transfer funding to specific Art Commission agencies, amending and reordaining certain sections of the 2005-2006 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE iT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 422 Appropriations Virginia Museum of Transportation Roanoke Symphony Society Mill Mountain Theatre Explore Park Opera Roanoke Science Museum of Western Virginia Roanoke Valley History Museum Roanoke Ballet Theatre Southwest Virginia Ballet Young Audiences of Virginia Arts Council of the Blue Ridge Art Museum of Western Virginia Blue Ridge Zoological Society Downtown Music Lab Harrison Museum/African American Culture Monitoring O. Winston Link Museum The Dumas Drama Guild, Inc. Jefferson Center Foundation LTD Subsidies 001-310-5221-3714 001-310-5221-3736 001-310-5221-3749 001-310-5221-3758 001-310-5221-3762 001-310-5221-3774 001-310-5221-3776 001-310-5221-3779 001-310-5221-3794 001-310-5221-3802 001-310-5221-3909 001-310-5221-3910 001-310-5221-3911 001-310-5221-3912 001-310-5221-9313 001-310-5221-3914 001-310-5221-3941 00]-3]0-522]-3943 00]-310-522]-3944 00]-3]0-522]-3700 $ 55,590.00 29,500.00 13,830.00 35,385.00 9,300.00 55,340.00 8,520.00 6,380.00 2,700.00 4,665.00 14,880.00 16,800.00 25,352.00 8,850.00 22,990.00 5,950.00 4,365.00 2,985.00 12,130.00 (335,512.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary ~.P~ar er City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of June, 2005. No. 37076-060605. A RESOLUTION authorizing the City Manager's issuance and execution of Amendment No. 7 to the City's contract with Rosser International, Inc., for a~lditional professional services during the construction phase of the Roanoke £ivic Center Expansion and Renovation Project - Phase II Improvements. 423 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute Amendment No.7 to the City's contract with Rosser International, Inc., for additional professional services during the construction phase of the above Project, as more fully set forth in the City Manager's letter to Council dated June 6, 2005. 2. The form of the Amendment shall be approved by the City Attorney. 3. Such Amendment No. 7 will provide authorization for additions to the work, with an increase in the amount of the contract of an additional $322,806.00 for such additional professional services as set forth in the above letter. APPROVED ATTEST: Mary Ir. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of June, 2005. No. 37077-060605. AN ORDINANCE to appropriate funding from the Compensation Board for equipment replacement for the Commonwealth's Attorney, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment Administrative Supplies Revenues Comp Board Equipment Replacement 035-150-5141-2035 $30,600.00 035-150-5140-2030 ( 3,782.00) 035-150-5141-5241 26,818.00 424 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A~-~EST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of June, 2005. No. 37078-060605. AN ORDINANCE to appropriate funding for Street Paving, amending and reordaining certain sections of the 2004-2005 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Revenues Street Maintenance (Commonwealth) Street Maintenance Billings Billings to WVWA - Paving 001-530-4120-2010 001-110-1234-0650 001-110-1234-0876 001-110-1234-1514 $295,380.00 109,000.00 (87,000.00) 273,380.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 425 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of June, 2005. No. 37079-060605. AN ORDINANCE to appropriate funding for the Outreach Detention/Electronic Monitoring Program, amending and reordaining certain sections of the 2004-2005 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Employee Wages Telephone-Cellular Administrative Supplies Program Activities Drug Testing Revenues Housing Juveniles-Outreach 001-631-3330-1004 $ 11,800.00 001-631-3330-2021 2,135.00 001-631-3330-2030 1,26S.00 001-631-3330-2066 500.00 001-631-3330-2111 300.00 001-110-1234-1310 16,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Ma~ F. Parer~' ~-~'~ City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of June, 2005. No. 37080-060605. AN ORDINANCE to appropriate Governor's Opportunity and local match funding for the FreightCar Roanoke Development Project, amending and reordaining certain sections of the 2004-2005 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. 426 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from State Grant Funds Fund Balance Economic and Community Development Reserve - Unappropriated Revenues 008-310-9827-9003 $200,000.00 008-310-9827-9007 200,000.00 008-3325 (200,000.00) FreightCar Roanoke Development 008-310-9827-9917 200,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of June, 2005. No. 37081-060605. AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City)~ the Industrial Development Authority of the City of Roanoke, Virginia (IDA), and FreightCar Roanoke, Inc. (FCR), that provides for certain undertakings by the parties in connection with certain investments and job creation by FCR and/or its affiliates to take place in the City of Roanoke at the former Norfolk Southern East End Shops; authorizing the proper City officials to obtain and accept a grant or donation from the Governor's Opportunity Fund (GOF) in an amount up to $200,000.00 to be used for an IDA grant to FCR; to provide for the appropriation of up to $200,000.00 by the City to the IDA for grants to FCR for the purposes of economic development, as further set forth below; and dispensing with the second reading by title of this Ordinance; 427 WHEREAS, a FCR affiliate has leased certain real property located in the former Norfolk Southern East End Shops, located in the City of Roanoke, in order to expand FCR's operations to produce railroad freight cars and FCR and/or its affiliates intend to make substantial investments and create substantial jobs in connection with those operations (FCR Project); WHEREAS, the City has received notice from the GOF that the City will receive a grant of $200,000.00 from the GOF to be used for the FCR Project, subject to certain terms and conditions; and WHEREAS, the City and the IDA wish to encourage FCR to undertake and complete the Project in order to enhance and promote economic development within the City and the Roanoke Valley. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the substance of the terms of the Performance Agreement among the City, the IDA, and FCR, as set forth in the attachment to the City Manager's letter to Council dated June 6, 2005, which provides for certain investments to be made by FCR and/or its affiliates and the creation by FCR of certain jobs within the City, as Well as certain undertakings by the City and the IDA. 2. The City Manager and the City Clerk are authorized on behalf of the City to execute and attest, respectively, a Performance Agreement among the City, the IDA, and FCR, upon certain terms and conditions as set forth in the City Manager's letter to Council dated June 6, 2005. The Performance Agreement, which is dated May 1, 2005, is to be substantially similar to the one attached to such letter, and in a form approved by the City Attorney. 3. The City Manager is hereby authorized to execute and provide on behalf of the City any documentation necessary for obtaining and accepting a grant or donation from the GOF of an amount up to $200,000.00 for the purposes of providing that amount to the IDA for economic development in the City and the Roanoke Valley in order to fund the grant that the IDA intends to make to FCR upon certain terms and conditions, all as more fully set forth in the above referenced City Manager's letter. 4. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Performance Agreement. 428 5. The City will appropriate an amount up to $200,000.00 (which will be in addition to any funds the City receives from the GOF) to the IDA for the purposes of promoting economic development in the City and the Roanoke Valley in order to fund the grants that the IDA intends to make to FCR upon certain terms and conditions, which includes up to $65,000.00 to be used for jeb grants as referred to in the Performance Agreement, all as more fully set forth in the above referenced City Manager's letter. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of June, 2005. No. 37082-060605. AN ORDINANCE authorizing the City Manager to execute an Amended Agreement for the Development of Colonial Green, to be entered into by the City and Colonial Green, L. C., the developer, which provides for conveyance, in phases, of approximately 23 acres of property on Colonial Avenue in exchange for certain proposed development activities, in order to conform an Agreement heretofore entered into on December 27, 2004, to certain changes made in the development plan during the conditional rezoning process; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, an Amended Agreement for the Development of Colonial Green in order to conform the Agreement between the parties to certain changes made in the development plan during the conditional rezoning process, as more particularly described and recommended in the City Manager's letter to Council dated June 6, 2005. 429 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: APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of June, 2005. No. 37083-060605. AN ORDINANCE' amending §21-25, Willful damaqe or defacement of public 'or private facilities, Article 1, Ir~ General, Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended, by the amendment of §21-25 in order to conform it to §15.2-1812.2 of the State Code, by imposing a mandatory minimum fine for certaia types of graffiti, and reducing certain time requirements for notices; providing for an effective date; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 21-25, Willful damaqe or defacement of public or private facilities, Article I, In General, Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended, is hereby amended in order to conform provisions in the CitY Code to §15.2-1812.2 of the State Code, by imposing a mandatory minimum fine for certain types of graffiti, and reducing. certain time requirements for notices; and shall read and provide as follows: §21-25. Willful damaqe to or defacement of public or private facilities. (a) Graffiti defined. Graffiti means the unauthorized application of any writing, painting, drawing, etching, scratching or marking of an inscription, work, figure or design of any type on any public buildings, facilities and personal property or any private buildings, facilities and personal property. 430 (b) Violation and penalty. It shall be unlawful and a Class 1 misdemeanor for.any person to willfully and maliciously damage or deface, by application of graffiti or otherwise, any public buildings, facilities and personal property or any private buildings, facilities and personal property if th~ ~ ........ LA ----' ..... ~,,~,~,,y ,o ,~** ,,,,,, ~,,'~'~'~.V" · e punis ment r any such violation in which the defacement is (i) more than 20 feet off the ground, (ii) on a railroad or highway overpass, or (iii) committed for the benefit of, at the direction of, or in association with any criminal street gang, as that term is defined by § 18.2-46. I, Code of Virginia, shall include a mandatory minimum fine of $500.00. (c) Community service. (1) Upon a finding of guilt in any case tried before the court without a jury, if the violation of this section constitutes a first offense which results in property damage or loss, the court, without entering a judgment of guilt, upon motion of the defendant, may defer further proceedings and place the defendant on probation pending completion of a plan of community service work. If the defendant fails or refuses to complete the community service as ordered by the court, the court may make final disposition of the case and proceed as otherwise provided. If the community service work is completed as the court prescribes, the court may discharge the defendant and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings. (2) Any community service ordered or directed for a violation of subsection (b) shall, to the extent feasible, include the repair, restoration or replacement of any damage or defacement to property within the city and may include clean-up, beautification, landscaping or other appropriate community service within the city. A designee of the city manager shall supervise the performance of any community service work required and shall report thereon to the court imposing such requirement. At or before the time of sentencing, the court shall receive and consider any plan for making restitution or performing community service submitted by the defendant. The court shall also receive and consider the recommendations of the supervisor of community service in the city concerning the plan. 431 (3) Notwithstanding any other provision of law, no person convicted of a violation of this section shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or is compelled to perform community services, or both, as is more particularly set forth in Code of Virginia §19.2-305.1. (d) Authority of city to remove or repair. (1) The city manager is authorized to undertake or contract for the removal or repair of the defacement, including but not limited to defacement by application of graffiti, of any public building, wall, fence or other structure or any private building, wall, fence or other structure where such defacement is visible from any public right-of-way. (2) Prior to such removal, the city manager shall employees, give notice to the owner and lessee, if any, of any private building or facility that has been defaced that, within fifteen (15) days of receipt of such notice, if the owner or lessee does not clean or cover the defacement or object to the removal of the defacements, the city many clean or cover the defacement. (3) All such removal or repair, unless undertaken by the property owner, shall be at the expense of the city; provided however, that the removal or repair work may be undertaken by volunteers or individuals required to perform community service by order of any court, under appropriate city supervision. 2. The provisions of this ordinance shall be in full force and effect on July 1,2005. 432 3. Pursuant to §1 2 of the City Charter, the second r, eading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of June, 2005. No. 37084-060605. AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by'title of this ordinance. WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council adopted and enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke (1979) (hereinafter sometimes referred to as the "City Code"); WHEREAS, such Code, as amended, contains certain provisions which incorporate by reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code"); WHEREAS, from time to time, certain of these State Code sections which are incorporated by reference in the City Code have been amended by the General Assembly; WHEREAS, such amendments are a matter of public record which are set forth in the Acts of Assembly and supplements and replacement volumes of the State Code; and WHEREAS, it is the desire of this Council that those provisions of the City Code which adopt by reference State Code provisions shall be fully consistent with enactments of the most recent Session of the General Assembly; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 433 1. The Code of the City of Roanoke (1979), as amended, a copy of wl~'i~h is on file in the City Clerk's Office, consisting of Chapters 1 through 36.1, each inclusive, is hereby readopted and reenacted. Such Code amendments heretofore and hereafter adopted shall continue to be known as the Code of the City of Roanoke (1979), as amended. 2. With respect to sections or provisions of the State Code incorporated by reference in the City Code, Council recognizes any amendments made to such sections or provisions of the State Code by t'he most recent Session of the General Assembly and hereby expresses the intent and ordains that such amendments to sections or provisions of the State Code incorporated by reference in the City Code shall be included in the City Code verbatim as enacted by the most recent Session of the General Assembly. 3. Any reference in the City Code to any section, article or chapter from former Titles of the State Code shall be deemed and construed to apply to the successor section, article or chapter of the State Code, comparable sections being set out in Tables of Comparable Sections for certain Repealed and Revised Titles published in Volume 10. 4. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker C. Nelson Harris City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 6'h day of June, 2005. No. 37085-060605. A RESOLUTION authorizing the appropriate City officials to execute an amendment to the Consolidated Plan for FY 2000~2005, providing for the redesignation of certain Community Development Block Grant and HOME Investment Partnerships funds, upon certain terms and conditions; and repealing Resolution No. 37032-050205, adopted on May 2, 2005. BE IT RESOLVED by the Council of the City of Roanoke as follows: 434 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an amendment to the Consolidated Plan for FY 2000-2005, providing for the redesignation of $700,000.00 of Community Development Block Grant and HOME Investment Partnership funds to the Roanoke Redevelopment and Housing Authority, and $200,000.00 of Community Development Block Grant funds for other designated housing activities, and any additional necessary documents related to such an amendment, such documents to be approved as to form by the City Attorney, as is more particularly set forth in the City Manager's letter dated May 2, 2005, to this Council, and the City Attorney's letter of June 6, 200,5, to Council. 2. BE IT FURTHER RESOLVED that Resolution No. 37032-050205, adopted May 2, 2005, be and it is hereby REPEALED. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2005. No. 37086-062005. AN ORDINANCE to appropriate funding for the Community Development Block Grant, HOME Investment Partnerships Program and Emergency Shelter Grant Program, amending and reordaining certain sections of the 2005-2006 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 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations BRHDC Project GOLD (Project Funds) BRHDC Project GOLD (Admin Funds) BRHDC Project GOLD (Project Funds) CHPC Homeownership Program 8RHDC Hanover Project (CHDO Operating Funds) 35~90-5312-5449 35-090-5313-5446 35-090-5313-5449 35-090-5313-S450 35-090-5313-5480 $ 25,655.00 31,147.00 320,982.00 200,000.00 10,853.00 435 8RHDC Hanover Project (CHDO Project Funds) Unprogrammed Funds BRHDC Project GOLD (Project Funds) Unprogrammed Program Income - 03 BRHDC Project GOLD (Project Funds) Unprogrammed Program Income - 04 Emergency Shelter Grant - TRUST ESG - TAP Transitional Living Center ESG - Roanoke Valley Interfaith Hospitality Network Hotel Roanoke 108 Unprogrammed CDBG - Carryover Independent Housing for Special Needs Hotel Roanoke 108 Unprogrammed CDBG - Carryover Unprogrammed - 108 Cherry Hilt Property Acquisition Hotel Roanoke 108 Empowering Individuals with Disabilities Demolition CHPC Homeownership Program Cradle to Cradle Home Program Project GOLD - BRHDC - Support Project GOLD - RRHA - Support BRHDC Project GOLD (Admin Funds) BRHDC Project GOLD (Project Funds) RRHA Project GOLD (Admin Funds) RRHA Project GOLD (Project Funds) Lead Based Paint Match Cherry Hill Property Acquisition Emergency Home Repair - TAP Operation Paintbrush - TAP SRO Critical Repair Fair Housing Study Historic Review Services HUD Admin Funds Ten Year Plan to Eliminate Homelessness Gainsboro / Gilmer Fa(;ade Grants Old Southwest, Inc. - NDG Loudon / Melrose - NDG Hurt Park - NDG 35-090-5313-5481 35-090-5313-5482 35-090-5325-5449 35-090-5325-5458 35-090-5326-5449 35-090-5326-5459 35-E06-5176-5251 35-E06-5176-5253 35-E06-5176-5254 35-G03-0330-5135 35-G03-0340-5184 35-G04-0420-5396 35-G04-0430-5t35 35-G04-0440-5184 35-G04-0440-5188 35-G05-0520-5469 35-G05-0530-5135 35-G06-0620-5057 35-G06-0620-5108 35-G06-0620-5419 35-G06-0620-5426 35-G06-0620-5427 35-G06-0620-5430 35-G06-0620-5446 35-G06-0620-5449 35-G06-0620-5453 35-G06-0620-5454 35-G06-0620-5461 35-G06-0620-5469 35-G06-0620-5470 35-G06-0620-5471 35-G06-0620-5472 35-G06-0621-5284 35-G06-0621-5403 35-G06-0621-5436 35-G06-0621-5473 35-G06-0630-5439 35-G06-O637-5028 35-G06-0637-5245 35-G06-0637-5371 $ 108,529.00 77,015.00 33,218~00 (33,218.00) 23,407.00 (18,142.00) 43,487.00 22,117.00 15,118.00 89,846.00 (89,846.00) (200,000.00) 229,271.00 (10,154.00) (5,097.00) 266,786.00 120,346.00 60,O00.00 135,000.00 15,000.00 100,000.00 135,000.00 278,988.00 25,000.00 24,031.00 74,520.00 333,691.00 57,500.00 341,714.00 IO0,O00.00 50,000.00 50,000.00 10,000.00 10,000.00 2,500.00 15,845.00 54,000.00 5,000.00 15,000.00 2,500.00 436 Melrose / Rugby Neighborhood ~.Forum - NDG Neighborhood Devel Grant Reserve Target Neighborhood Infrastructure Belmont Health Care Center Kuumba - Facility Wasena Neighborhood - NDG Apple Ridge Farms West End Center YMCA Magic Place at blorningside Presbyterian Family Services / Pathways Individual Development Account Summer Camp Scholarship - B & G Club RESOURCE-ful Elder Care School-Age After School Therapeutic Women's Resource Center- TAP Greenvale School - Educa & Outreach Conflict Resolution - Restorative Justice Gainsboro Culinary Arts Scholarships Revenues HOME Program Income - FY05 HOME Entitlement - 05-06 HOME Program Income - FY06 HOME Program Income - FY04 ESG Entitlement FY06 Hotel Roanoke Section 108 Repayment Hotel Roanoke Section 108 Repayment CDBG Entitlement Other Program Income - RRHA Lease Payment - Cooper Industries Sands Woody Loan Repayment TAP-SRO Loan Repayments Home Ownership Assistance - Atlantic Lagniappe Loan Repayment Downtown Associates Hotel Roanoke Section 108 Repayment Rental Rehab Repayment 35-G06-0637-5410 35-G06-0637- 5441 35-G06-0637-5442 35-G06-0637-5474 35-G06-0637-5475 35-G06-0637-5476 35-G06-0638-5084 35-G06-0638-5160 35-G06-0638-5169 35-G06-0638-5372 35-G06-0638-5412 35-G06-0638-5414 35-G06-0638-5443 35-G06-0638-5444 35-G06-0638-5445 35-G06-0638-5477 35-G06-0638-5478 35-G06-0638-5479 35-090-5312-5313 35-090-5313-5314 35-090-5313-531 S 35-090-5326-5326 35-E06-5176-5196 35-G04-0400-2434 35-G05-0500-2534 35-G06-0600-2601 35-G06-0600-2603 35-G06-0600-2606 35-G06-0600-2617 35-G06-0600-2620 35-G06-0600-2622 35-G06-0600-2631 35-G06-0600-2633 35-G06-0600-2634 35-G06-0600-2640 $ 4,200.00 875.00 175,000.00 42,000.00 125,000.00 7,425.00 35,000.00 40,000.00 15,604.00 20,100.00 11,036.00 10,050.00 27,975.00 26,635.00 26,449.00 25,000.00 45,218.00 30,000.00 25,655.00 723,526.00 25,000.00 5,265.00 80,722.00 14,020.00 387,132.00 2,104,805.00 5,000.00 13,333.00 6,722.00 5,618.00 15,000.00 7,620.00 1,758.00 400,000.00 3,000.00 437 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Beverly T. Fitz Vice-Mayor )atrick, Jr. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2005. No. 37087-062005. A RESOLUTION accepting the Fiscal Year 2005-2006 funds for the Community Development Block Grant (CDBG) program, the HOME Investment Partnerships program (HOME) and the Emergency Shelter Grant (ESG) program and authorizing the City Manager to execute the requisite Grant Agreements with the United States Department of Housing and Urban Development (HUD). BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fiscal Year 2005-2006 funds for the CDBG, HOME and ESG programs are hereby ACCEPTED, upon receipt of approval letters from HUD. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreements with the United States Department of Housing and Urban Development for such funds, the Funding Approvals, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set out in the City Manager's letter dated June 20, 2005, to City Council. Mary F. Parker City Clerk APPROVED Beverly T. Fitzpatrick, Jr. Vice-Mayor 438 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2005. 37088-062005. AN ORDINANCE to appropriate funding for the Virginia Opportunity Region Grant, amending and reordaining certain sections of the 2004-2005 General and Grant Funds 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 2004-2005 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Advertising Transfer to Grant Fund Grant Fund Appropriations Advertising Revenues Virginia Opportunity Region Grant-State Virginia Opportunity Region Grant-Local 001-310-8120-2015 001-250-9310-9535 035-310-8121-2015 035-310-8121-5022 035-310-8121-5023 $(3,031.00) 3,031.00 9,092.00 6,061.00 3,031.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Pa~ker City Clerk APPROVED Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2005. No. 37089-062005. A RESOLUTION authorizing the acceptance of a Virginia Opportunity Region Grant from the Virginia Economic Development Partnership; ratifying the execution of grant documents; and authorizing execution of any other required documentation on behalf of the City. 439 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Economic Development Partnership a Virginia Opportunity Region Grant in an amount up to $10,000.00, with the City providing an additional 50% in local matching funds. Such grant being more particularly described in the letter of the City Manager, dated June 20, 2005. 2. The City Manager's execution of grant documents is hereby approved and ratified. acceptance of such documents as may Partnership. 3. The City Manager is also authorized to execute and file, on behalf of the City, any other documents required for the Virginia Opportunity Region Grant, approved as to form by the City Attorney, in connection with the grant and to furnish such additional information or be required by the Virginia Economic Development ATTEST: City Clerk APPROVED Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2005. No. 37090-062005. AN ORDINANCE providing for the acquisition of certain property needed by the City for development of a jointly operated Fire - EMS station by the City and Roanoke County, located on Williamson Road, bearing Roanoke City Tax No. 2170128, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. To provide for the acquisition of certain property needed by the City for development of a jointly operated Fire - EMS station by the City and Roanoke County, the City wants and needs certain property located on Williamson Road, bearing Roanoke City Tax No. 2170128, as more fully described in a letter of the City Manager to City Council dated June 20, 2005. All requisite documents shall be upon form approved by the City Attorney. 440 2. The City's purchase of the property bearing Official Tax No. 21~Z0128 is subject to the City obtaining an acceptable title report and an acceptable environmental site inspection. 3. The City Manager is directed on behalf of the City to offer the landowners such consideration for the property rights as deemed appropriate; provided, however, the total consideration offered or expended and any and all necessary closing costs shall not exceed $225,000.00, which consideration shall not include appraisals, title reports, preparation of necessary documents, grantor's tax and recordation costs, without further authorization of Council. Upon the acceptance of an offer and upon delivery to the City of deeds, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owners of the interests conveyed, certified by the City Attorney to be entitled to the same. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A3-rEST: Mary F. Parker City Clerk APPROVED Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2005. 37091-062005. AN ORDINANCE to appropriate funding received from the Governor's Opportunity Fund for the Maple Leaf Development Project, amending and reordaining certain sections of the 2004-2005 Capital Projects 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 2004-2005 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds Revenues Governor's Opportunity Fund - Maple Leaf Development 008-310-9635-9007 008-310-9635-9830 $90,000.00 90,000.00 441 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker , City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20'h day of June, 2005. No. 37092-062005. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the YMCA Aquatic Center and the Greenway Development Projects, amending and reordaining Certain sections of the 2004-2005 Capital Projects 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 2004-2005 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Genera Revenue Appropriated from Genera Revenue Fund Balance Economic and Community Development Reserve- Unappropriated 008-620-9757-9003 008-620-9753-9003 008-3325 $200,000.00 200,000.00 (400,000.00) Pursuant to the prowsions of Section 12 of the City Charter, the second reading o{this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED Beverly T Fitzpatrick, Jr. Vice-Mayor 442 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20~h day of June, 2005. No. 37093-062005. AN ORDINANCE to appropriate additional funding for certain internal service and Occupational Health Clinic charges, amending and reordaining certain sections of the 2004-2005 General and Risk Management 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 2004-2005 General and Risk Management Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows, in part: General Fund Appropriations Medical 001-340-1263-2062 $ 20,000.00 Employee Physicals 001-340-1263-2110 20,000.00 Family ExpenSes 001-340-1263-2163 11,000.00 Contingency 001-300-9410-2199 136,000.00 Fleet Management 001-140-2140-7025 2,359.00 Fleet Management 001-140-3310-7025 2,893.00 Fleet Management 001-250-1232-7025 21.00 Fleet Management 001-300-1211-7025 232.00 Fleet Management 001-310-8120-7025 42.00 Fleet Management 001-430-4170-7025 421.00 Fleet Management 001-440-1617-7025 567.00 Fleet Management 001-440-4220-7025 154.00 Fleet Management 001-440-4330-7025 3,050.00 Fleet Management 001-520-3211-7025 125.00 Fleet Management 001-520-3212-7025 2,554.00 Fleet Management 001-520-3213-7025 40,291.00 Fleet Management 001-520-3521-7025 557.O0 Fleet Management 001-530-1280-7025 345.00 Fleet Management 001-530-4110-7025 38,694.00 Fleet Management 001-530-4160-7025 5,458:00 Fleet Management 001-530-4210-7025 79,794.00 Fleet Management 001-530-4310-7025 1,508.00 Fleet Management 001-610-3410-7025 1,421.00 Fleet Management 001-610-8110-7025 92.00 Fleet Management "'Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Revenues Recordation Tax Occupational Health Services 001-615-8113-7025 001-620-4340-7025 001-620-7110-7025 001-620-7111-7025 001-630-1270-7025 001-630-5314-7025 001-630-5318-7025 001-631-3350-7025 001-631-3360-7025 001-640-3111-7025 001-640-3112-7025 001-640-3113-7025 001-640-3114-7025 001-640-3115-7025 001-640-3530-7025 001-650-7310-7025 001-660-1214-7025 001'-110-1234-0216 001-110-1234-0884 443 $ 2,025.00 22,377.00 918.00 24.00 38.00 1,394.00 243.00 238.00 248.00 276.00 3,094.00 35,951.00 107.00 815.00 821.00 271.00 582.00 386,000.00 51,000.00 Risk Manaqement Fund Appropriations Occupational Health Services Fund Balance Reserve For Health Insurance 019-340-1265-7016 019-3355 51,000.00 (51,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED Beverly T. Fitzpatrick, jr. Vice-Mayor 444 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2005. No. 37094-062005. A RESOLUTION authorizing execution of an amendment to an Agreement with the Art Museum of Western Virginia ("Art Museum"), dated October 4, 2000, relating to the development of an art museum, and execution of an Assignment Agreement by which the Western Virginia Foundation for the Arts and Sciences ("Foundation") will assign to the Art Museum its rights and obligations pursuant to an agreement with the City dated April 16, 2002. WHEREAS, pursuant to the authority contained in Resolution No. 35091- 100200, adopted by City Council October 2, 2000, the City and the Art Museum entered into an Agreement dated October 4, 2000, in connection with the City's providing certain funding in relation to the Art Museum's proposal to design, develop and construct a new building or complex located in the City of Roanoke to house an Art Museum, and possibly other entities, which Agreement required the performance of certain actions by a particular date; and on April 16, 2002, the City and the Foundation agreed that the City would convey certain property to the Foundation upon certain terms and conditions for the site of a new art museum; and WHEREAS, the parties mutually desire that the time of performance as set forth in the Agreement with the Art Museum dated October 4, 2000, be extended, and that the Foundation's Agreement of April 16, 2002, be assigned to the Art Museum, and amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, an amendment to the Agreement with the Art Museum dated October 4, 2000, in order to extend the time of performance of certain actions required to be taken by the Agreement, all in accordance with the recommendations set forth in the report of the City Manager dated June 20, 2005; such amendment to be approved as to form by the City Attorney. 445 2. The City Manager and City Clerk are authorized to execute and attest, respectively, an Assignment of Agreement, assigning the April 16, 2002, agreement between the City and the Foundation to the Art Mu.seum, and an amendment to such Agreement, all in accordance with the recommendations set forth in the report of the City Manager dated June 20, 2005; such assignment and amendment to be approved as to form by the City Attorney ATTEST: Mary F. Parker City Clerk APPROVED Beverly T. Fit~ Vice-Mayor )atrick, Jr. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2005. No. 37095-062005 A RESOLUTION authorizing an agreement with the Roanoke Valley Convention and Visitor's Bureau for the purpose of increasing tourism in the Roanoke Valley. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and to attest, respectively, an agreement .with the Roanoke Valley Convention and Visitor's Bureau for a term 'of one year, from July 1, 2005, through June 30, 2006, unless sooner terminated in accordance with the provisions of the agreement, for the purpose of increasing tourism and marketing the Roanoke Valley as a regional destination for convention, conference, leisure and business travel, all as more fully set forth in the City Manager's letter to this Council dated June 20, 2005. 2. The contract amount authorized by this resolution shall not exceed $847,440.00 without further Council authorization, except for the adjustment which the Director of Finance is authorized to make in accordance with the agreement. 446 3. Such agreement shall be in such form as is approved by the City Attorney, and shall be subsequently similar to the one attached to the above mentioned letter. ATTEST: Mary F. Parker City Clerk APPROVED Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2005. No. 37096-062005. AN ORDINANCE authorizing the City Manager to enter into a lease agreement with First Campbell Square, LLC, for the lease of space at 210 First Street, and amendments to the May 7, 1998, lease and the May 1, 2001, lease, for use by the City of Roanoke to operate the Virginia Institute for Social Service Training Activities ("VISSTA") Piedmont Area Training Center, upon certain terms and conditions; and dispensing with the second reading of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate lease agreement with First Campbell Square, LLC, for the lease of 3,300 square feet of space on the first floor of First Campbell Square located at 210 First Street, S. W., to operate the VlSSTA Piedmont Area Training Center; such lease shall be for a term beginning July 1, 2005, until June 30, 2010, at a rate of $47,025.00 annually; and shall be upon the terms and conditions as more particularly set forth in the City Manager's letter dated June 20, 2005. 2. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, amendments to the May 7, 1998, lease and the May 1, 2001, lease with First Campbell, LLC, for the lease of 4,450 square feet of space on the fourth floor of First Campbell Square located at 210 First Street, S.W., extending the term of such leases to provide that both leases shall terminate on June 30, 2010, at a rate of $63,412.50 annually for the total area covered in the two leases, as more particularly set forth in the City Manager's letter dated June 20, 2005. 447 3. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary . City Clerk APPROVED. Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2005. No. 37097-062005. A RESOLUTION consenting to the transfer and assignment of a Temporary Nonexclusive Revocable License Agreement dated January 7, 1997, between the City of Roanoke and KMC Telecom of Virginia, Inc., (KMC Virginia) to TeICove of Virginia, LLC and/or TelCove, Inc.; and authorizing the City Manager to execute an Agreement to accomplish such transfer and assignment and to take such actions and execute such documents as may be necessary to administer and enforce the License Agreement. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby consents to the transfer and assignment of the Temporary Nonexclusive Revocable License Agreement dated January 7, 1997, between the City of Roanoke and KMC Telecom of Virginia, Inc., to TelCove of Virginia, LLC and/or TeICove, Inc., upon such terms and conditions as the City Manager deems appropriate. Council further authorizes the City Manager to execute an Agreement to accomplish such transfer and assignment, with the form of the Agreement to be approved by the City Attorney, all as further set forth in the City Manager's letter dated June 20, 2005. 2. The City Manager is further authorized to take such actions and execute such documents as may be necessary to accomplish such transfer and assignment and to administer and enforce the License Agreement. APPROVED Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor 448 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2005. No. 37098-062005. AN ORDINANCE to transfer funding from various capital projects to the Southern Hills Drive Street and Drainage Improvements Project, amending and reordaining certain sections of the 2004-2005 General and Capital Projects Funds Appropriations, and dispensing with the second reading by title of, this ordinance. BE IT ORDAINED by th'e Council of the City of Roanoke that the following sections of the 2004-2005 General and Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as f~llows: General Fund Appropriations Transfer to Capital Projects Fund Fund Balance Reserved for CMERP - City 001-250-9310-9508 001-3323 $ 407,756.00 (407,756.00) Capital Proiects Fund Appropriations Appropriated from General Revenue Economic Development Appropriated Appropriated Appropriated Appropriated Appropriated from General Revenue from 1996 Bond Funds from 1999 Bond Funds from General Revenue from General Revenue Appropriated from 2002 Bond Funds Revenues Transfer from General Fund 008-530-9835-9003 008-530-9575-9178 008-310-9688-9003 008-056-9656-9088 008-002-9700-9001 008-002-9700-9003 008-530-9736-9003 008-530-9806-9076 008-110-1234-1037 1,586,918.00 (576,006.00) (225 000.00) (140 064.0O) (49 703.00) (54 248.00) (65 800.00) (68 341.00) 407,756.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor 449 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2005. No. 37099-062005. AN ORDINANCE to transfer funding from Transportation - Street Paving Project to the Southern Hills Drive Street and Drainage Improvements Project, amen~ding and reordaining certain sections of the 2005-2006 General and Capital Projects Funds 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 20'05-2006 General and Capital ProjeCts Funds Appropriations be, and the same are hereby, amended and reordained to read.and provide as follows: General Fund Appropriations Transfer to Capital Projects Fund Fees for Professional Services 001-250-9310~9508 001-530.4120-2010 $ 153,082.00 (153,082.00) Capital Projects Fund Appropriations Appropriated from General Revenue Revenues Transfer from General Fund 008-530-9835-9003 008-110-1234-1037 153,082.00 153,082.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed With. ATTEST: MarY ,F. Parker City Clerk APPROVED Beverly T. Fitzpatrick,'Jr. Vice-Mayor 450 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2005. No. 37100-062005. AN ORDINANCE to appropriate Federal funding for School Food Services, amending and reordaining certain sections of the 2004-2005 School Food Services 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 2004-2005 School Food Services Fund Appropriations be, and the same are hereby, amended and reordained to read and'provide as follows: Appropriations Food 032-065-6005-6788-0602 $ 300,000.00 Revenues Federal Cafeteria Receipts 032-060-6000-17] 2 300,000.00 Pursuant to the provisions of Section 12 of the City charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2005. No. 37101-062005. AN ORDINANCE permanently vacating, discontinuing' and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. 451 WHEREAS, East Gate Church of the Nazarene filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the 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 the City Council on June 20, 2005, after due and timely notice thereof as required by §30,14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right,of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the Public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of 21~' Street, N.E., comprising approximately 1,742 square feet, adjacent to parcel bearing Official Tax No. 3340306, as further described on the plat entitled, "Plat Made for East Gate Church of the Nazarene, showing 598 sq. ft. portion of Lot lA to be conveyed to the City of Roanoke, also showing a 1,742 sq. ft. part of 21s' Street to be conveyed to the East Gate Church of the Nazarene," dated April 5, 2005, prepared by ACS Design, as set forth in the Planning Commission report to this Council dated June 20, 2005, be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke 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, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, 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, 452 such right to include the right to remove, without the payment of compensation or. damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant, and its successors and assigns, shall plant and maintain five (5) deciduous trees of the type and quality required by §36.1-585 of the Code of the City of Roanoke (1979), as amended, on property along 2t2' Street, N. E., and Kessler Road, N. E., such trees to be in addition to those required by the Code of the City of Roanoke (1979), as amended. BE IT FURTHER ORDAINED that closure of the subject right-of-way is conditioned upon the applicant dedicating an approximate 598 square foot portion of Official Tax Map Number 3340306 to the City of Roanoke and the City of Roanoke accepting such portion, such portion to become part of the right-of-way, moving the petitioner's property line off the pavement, and potentially improving the line of sight at the intersection of 21't Street and Kessler Road, N. E., as requested in the applicant's petition filed with the City Clerk on April 5, 2005, such dedication to be effected and memorialized in the above-referenced subdivision plat. 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 Petitioner, 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. 453 BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of.-this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one (1) year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2005. No. 37102-062005. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading by title of this ordinance. WHEREAS, Warehouse 315 LLC, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to C-3, Central Business District; WHEREAS, the City Planning Commission, which after giving proper notice · to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; 454 WHEREAS, a public hearing was held by City Council on such application at its meeting on June 20, 2005, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and. WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that; 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: The property located at 315 Albemarle Avenue, S.E., and designated on Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 4022101 and 4022104, be, and is hereby rezoned from HM, Heavy Manufacturing District, to C-3, Central Business District, as set forth in the Petition filed in the Office of the City Clerk on April 6, 2005, and that Sheet No. 402 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2005. No. 37103-062005. AN ORDINANCE approving the Hollins/Wildwood Neighborhood Plan, and amending Vision 2001 ~ 2020, the City's Comprehensive Plan, to include the H®llins/Wildwood Neighborhood Plan; and dispensing with the second reading of this ordinance by title. 455 WHEREAS, the Hollins/Wildwood Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on May 19, 2005, and recommended adoption of the Plan and amending Vision 2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing on the proposed Plan was, held before this Council on Monday, June 20, 2005, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Hollins/Wildwood Neighborhood Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Hollins/ Wildwood Neighborhood Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F: Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor 456 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2005. No. 37104-062005. A RESOLUTION AUTHORIZING THE ISSUANCE OF TWELVE MILLION EIGHT HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($12,875,000.00) PRINCIPAL AMOUNT OF GENERAL OBLIGATIONS .OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, EXTENSION, ENLARGEMENT AND EQUIPPING OF VARIOUS CAPITAL IMPROVEMENT PROJECTS (INCLUDING THE ACQUISITION OF LAND THEREFORE) AND THE ACQUISITION AND INSTALLATION OF VARIOUS CAPITAL EQUIPMENT PROJECTS OF AND FOR SUCH CITY; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS AND THE DISTRIBUTION THEREOF AND THE EXECUTION OF A CERTIFICATE RELATING TO SUCH OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF UP TO THE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS; DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT TO THE SALE AND DETERMINATION OF THE DETAILS OF SUCH BONDS AND NOTES; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND NOTES WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt and to authorize the issuance of $12,875,000.00 principal amount of general obligations of the City, in the form of General Obligation Public Improvement Bonds of the City, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various capital improvement projects and the acquisition and installation of various capital equipment projects of and for the City and to authorize the issuance of up to the principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 457 SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, the same being the Public Finance Act of 1991 (the "Public Finance Act o[ 1991"), for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various capital improvement projects (including the acquisition of land therefore) and the. acquisition and installation of various capital equipment projects of and for the City set forth in Section 7, the City is authorized to contract a debt and to issue $12,875,000.00 principal amount of general obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds"). (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part .in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000.00 each or any whole multiple thereof. The Bonds of a given series shall be numbered from No. R-1 upwards 'in order of issuance. The Bonds shall bear interest from their date payable on s'uch date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section l'(a)); and shall mature on such dates and in such years (but in no event exceeding .forty (40) years from their date or dates), and in the principal amount in each such year, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) daY months. (c) to redemption at the option of the City prior to their stated maturities, in whole or m part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000.00 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued' thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisi.ons of Section 8 hereof. 458 (d) (i) If .any Bond (or any portion of the principal amount thereof in in~.tallments of $5,000.00) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equaling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its successor or nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, the Council shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and City Treasurer and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). 459 (c) The Director of Finance shall direct the Registrar to authenticate the .Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which suchl Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (1 5th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of this Section 3(c) with regard to the authentication of such Bonds and of Section 9 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be. necessary or appropriate. (d) The execution and authentiCation of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (a) The principal of and premium, if any, on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books 'of registry kept pursuant to this Section 4; provided, however, that so long as the Bonds are in book-entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. 460 (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except Ks otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made. in book- entry form only, in the principal amount of $5,000.00 .or any whole multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal, premium, 'if any, and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. 461 (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or. persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 5. (a) CUSIP identification numbers may be Printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof 'made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder-or purchaser to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for or purchaser of the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6. The City covenants and agrees tO comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 7. The proceeds of the sale of the Bonds shall be applied to the payment of the cost of the following capital improvement projects of and for the City in substantially the following respective amounts: Purpose Amount Art Museum Project Public Parking Facilities Financial Information System Project Acquisition of Land for Redevelopment $ 3,700,000.00 2,600,000.00 2,600,000..00 3,975,000.00 $12,875,000.00 If any project set forth above shall require less than the entire respective amount so set forth, the difference may be applied to any of the other projects so set forth. 462 SECTION 8. (a) The Bonds shall be sold at negotiated or competitive sale on~.such date or dates and at such price or prices as shall be determined by the City Manager and the Director of Finance. In the event it is determined that the Bonds shall be sold at competitive sale, the Director of Finance is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The Bond Buyer, a financial journal published in the City of New York, New York, and to prepare or cause to be prepared and distributed a Preliminary Official Statement and a Detailed Notice of Sale relating to the Bonds. In preparing the Detailed Notice of Sale relating to the Bonds, the Director of Finance is hereby authorized to provide that bids for the purchase of the Bonds may be received by electronic bidding. The City Manager and the Director of Finance (i) are hereby authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of each series and the principal amount of the Bonds of each series maturing in each year and (ii), in the event it is determined that the Bonds shall be sold at competitive sale, are hereby further authorized to receive bids for the purchase of the Bonds of each series and, without further action of this Council, to accept the bid offering to purchase the Bonds of each series at the lowest true interest cost to the City; provided, however, in no event shall the true interest cost with respect to the Bonds of any series exceed seven percent (7.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Bonds of each maturity of each series as specified in the bid accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Bonds upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2:00%). (b) The Mayor is hereby authorized and directed to execute and deliver to the purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the Bonds, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisors and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule ! 5c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12")..The City Manager and the Director of Finance are hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially the form to be included in the Official Statement under the caption "Certificate Concerning Official Statement". 463 (c) The City Manager and the Director of Finance are hereby a~thorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the CityManager and the Director of Finance upon advice of counsel (including the City Attorney and Bond Counsel), such approval to be conclusively evidenced by their execution thereof. (d) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 9. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be in substantially the forms set forth in Exhibit A attached hereto. SECTION 10. General obligation public improvement bond anticipation notes (the "Notes") are authorized for issuance and sale by the City Manager and the Director of Finance in anticipation of the issuance of the general obligation bonds authorized for issuance herein: Such Notes shall be sold at competitive or negotiated sale at such price or prices and on such other terms and conditions as shall be determined by the City Manager and the Director of Finance. The City Manager and the Director of Finance (i) are hereby authorized to determine the dated date of the Notes of each series, the dates the Notes of each series shall mature, the dates on which interest on the Notes shall be payable, the aggregate principal amount of the Notes of each series and the principal amount of the Notes of each series maturing in each year and (ii) are hereby further authorized to receive bids for the purchase of the Notes of each series if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at negotiated sale and, without further action of this Council, to accept the bid or proposal offering to purchase the Notes of each series at the lowest true interest cost to the City; provided, however, in no event shall the true interest cost with respect to the Notes of any series exceed six percent (6.00%). The City. Manager and the Director of Finance are further authorized to fix the rates of interest to be :borne by the Notes of each maturity of each series as specified in the bid or proposal accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Notes hereof upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00%). If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared, published and distributed in accordance with the requirements of Section 8. If such Notes are publicly offered, there may also be prepared and 464 distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall be approved by the Director of Finance. The issuance and details of such Notes shall be governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of Virginia, 1950~ The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or from any other available funds. Bonds in anticipation of which such Notes are issued pursuant to this Section 10 may be issued and sold in accordance with the provisions of this Resolution at any time within, five (5) years of the date of issuance of the 'first Notes issued in anticipation of such Bonds. SECTION 11. The Council hereby authorizes the City to make expenditures for the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The adoption of this Resolution shall be considered an "official intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986. SECTION 12. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2 2607 of the Code of Virginia, 1950. SECTION 13. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES REGISTERED No. R- MATURITY INTEREST DATE: RATE: DATE OF BOND: REGISTERED $ CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS 465 KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the C(~rnmonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered. Owner (named above), or registered assigns, On the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the SiXteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date such interest to be paid until the maturity or redemption hereof at the 'Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose na~ne this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest p~yment date; provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & (~o., as nominee of The Depository Trust Company ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by w~re transfer. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of , as the Registrar and Paying Agent, in the City of Principa of. and premium, if any, and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shal be legal tender for publi,c and private debts. This Bond is one of an issue of Bonds of like date, denomination .and tenor except as to number, interest rate and maturity, which is issued for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement proJects (including the acquisition of land 'therefore) and the acquisition and installation of various capital equipment projects of and for the City, under and pursuant to and in ful compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991 466 The Bonds of the issue of which this Bond is one (or p(?tions thereof in installments of $5,000.00) maturing on and after are subject to redemption at the option of the City prior to their stated maturities, on or after in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,O00.00 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof: Redemption Dates (Both Dates Inclusive) Redemption Prices (Percentages of Principal Amount) to % to and thereafter If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000.00) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equaling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in 467 writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, issue, interest rate and-maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the ~unctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to be dated as of the day of , 20 CITY OF ROANOKE, VIRGINIA [SEAL] Mayor Attest: City Clerk City Treasurer 468 This Bond proceedings. CERTIFICATE OF AUTHENTICATION is one of the Bonds delivered pursuant to the within-mentioned .], as Registrar By: Authorized Signatory unto Date of Authentication: ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) (Please print or type name and address, including postal zip code of Transferee) the within appointing such Bond on the books substitution in the premises. PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: Bond and all rights kept thereunder, hereby irrevocably constituting and , Attorney, to transfer for the registration thereof, with full power of · Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock ExChange, Inc. or a commercial bank or trust company. £ity Clerk APPROVED (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. Beverly T. Fitzpatrick, Jr. Vice-Mayor 469 IN TIlE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2005. No. 37105-062005. AN ORDINANCE amending and reordaining §7-34, Purpose and intent, by amending subsections (a) and (b), and adding subsections (c) and (d); §7-35, Definitions.; §7-36, Applicability, by amending subsection (a), and adding subsection (b); §7-37, Inspection and certificate of compliance required; §7-38, Exemptions; §7-39, Certificate of exemption, by amending subsections (a), (b), (c), and (d), and adding subsections (e) and (f); §7-40, Issuance of certificate of compliance; §7-41, Temporary waiver of compliance; §7-42, Display of proof of compliance, by amending subsections (a) and (b); §7-43, Alteration of proof of compliance; §7-44, Fees; and §7-45, Appeals, by amending subsection (b); of Article III, Rental Certificate of Compliance, of Chapter 7, Building Regulations, Code of the City of Roanoke (1979), as amended, in order to comply with state code regulations; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 7-34, Purpose and intent, of the Code of the City of Roanoke (1979), as amended, is hereby amended by amending subsections (a) and (b), and adding subsections (c) and (d), to read and provide as follows: Sec 734 " ......... ~ ~- -- inspection districts. Findinqs, desiqnation of rental (a) The city council finds that certain residential rental ,gou$6~g dwelling units, when not the subject of an initial inspection or eithef-r~gu~ periodic inspections or ~nsp~ct6~ns upon a chang~ ~n ~ to ensure compliance with applicable building maintenance regulations, may become unsafe, a public nuisance, and unfit for human habitation. (b) The city council further finds that within certain residential housing areas within the city, designated as ~ rental inspection districts, or ,~o,u,,~,~,~ '. ~here is a need ~o pro~ec~ ~he public health, safety and wel[are o~ ~he occupants o~ residential rental dwellin~ units; ~ha~ such residential ren~ol dwellin~ units are either ~li~ed or in the process o[ deteriorating, or (ii) in n~d o[ 470 inspection by the city to prevent deterioration, taking into account the number, age and condition of the residential dwelling rental units; and that the inspection of residential rental dwelling units is necessary to maintain safe, decent and sanitary living conditions for tenants and other residents living in the rental inspection districts. (c) There are hereby created rental inspection districts pursuant to section 36-105.1:1 of the Code of Virginia (1950), as amended. Such districts are as delineated in a map entitled, Rental Inspection Districts, dated February 23, 2005, and filed with the city clerk for the city of Roanoke. A copy of such map shall be available for public inspection in the department of housing and neighborhood services for the city of Roanoke. (d) The boundaries of the rental residential districts are as set forth below. Where a street forms any edge of the inspection district, those properties on the outer edge of the street will not be subject to inspection, unless otherwise noted. No property owned by Norfolk Southern will be included in the districts, and references to railroad tracks are included for convenience of description. (i) Southwest Rental Inspection District: Beginning at the center of Elm Avenue and Jefferson Street, south with center line of Jefferson Street to Route 220 overpass, follow Route 220 northerly R/W line to where it passes over Norfolk Southern railroad tracks, from previous point follow railroad tracks northwest to southeast corner of tax parcel 1220907, northeast along property line of 1220907 to center line of Cleveland Avenue, southeast along center line of Cleveland Avenue to the center line of 13th Street, northeast along center line of 13~ Street to center line of Campbell Avenue; thence along center line of Campbell Avenue in a westerly direction to the center line of a 20 ft. alley, with said alley center line in a southerly and westerly direction to southwest corner of tax parcel 1320906, north along boundary of parcel 1320906 to the center line of Campbell Avenue, west along the center line of Campbell Avenue to the center line of 18'~ Street, north along 18'~ Street center line to intersection of Chapman Avenue, west along Chapman Avenue center line to the center line of Patterson Avenue, east along Patterson Avenue center line to the intersection of 20'~ Street, north along 20th Street center line to the center line of the Norfolk Southern railroad tracks, east along railroad tracks to its intersection with 9½ Street; thence with center line of 9~ Street to its intersection with Norfolk Avenue, east along center line of Norfolk Avenue to its intersection with 8'~ Street, south along the center line of 8'~ Street to its intersection with Salem Avenue, to the northeast corner of tax parcel I 111703; 471 along the east boundary crossing Rorer Avenue to the center line of an alley to the northeast corner of tax parcel I I 12310 and thence along the east boundary of tax parcel I I 12310 to the center line of Patterson Avenue, east along Patterson Avenue to its intersection with Campbell Avenue, east along center line of Campbell Avenue to its intersection with 5'h Street, south along the center line of 5'~ Street to its intersection with Marshall Avenue, east along the center line of Marshall Avenue to its intersection with 4'~ Street; thence with the center line of 4'h Street in a southerly direction to the center line of an alley; thence with said alley in an easterly, direction to its intersection with a 40 ft. alley; thence with the center line of said alley in a southerly direction to its intersection with Day Avenue; thence with the center line of Day Avenue in an easterly direction to its intersection with 1~' Street; thence in a southerly direction with the center line of 1~ street to its intersection with Elm Avenue; thence easterly with the center line of Elm Avenue to the place of beginning. (ii) Northwest Rental Inspection District: Beginning at the intersection of Wells Avenue and Commonwealth Avenue, north along center line of Commonwealth Avenue, which becomes 2"~ Street to intersection of 2"~ Street and Patton Avenue, west with the center line of Patton Avenue to its intersection with Gainsboro Road, north with the center line of Gainsboro Road to its intersection with Orange Avenue, west with the center line of Orange Avenue to its intersection with 3% Street, north with the center line of 3% Street to its intersection with Carver Avenue, west with the center line of Carver Avenue to its intersection with 5'~ Street, south with the center line of 5'~ Street to its intersection with Orange Avenue, west with the center line of Orang. e Avenue to the west property line of Lucy Addison Middle School; thence north with the property line to the center line of an alley between Staunton Avenue and Carroll Avenue; thence west with said alley to its intersection with Eighth Street, north with the center line of Eighth Street to a common corner between Tax No. 2030729 and 2030710; thence west through the block to a common east corner of Tax No. 2232213 and 2232214; thence south with the rear property line of Tax No. 2232214; thence west approximately 36 feet to the common corner of 2232221 and 2232227; thence south approximately 150 ft. to a common east corner of tax parcel 2232227 and 2232220 thence west through the block to its intersection with 10'~ Street; then northerly with the center line of 10'~ Street to its intersection with Andrews Road; thence,westerly with the center line of Andrews Road to its intersection with Court Street; thence in southwesterly direction to an intersection with a 10' alley; thence in a southwesterly direction to the southeasterly corner of the property line of 2240103 approximately 280 ft.; 472 thence with the southerly property line of Tax No. 2240103 approximately 1350 ft. to a point; thence in a northeasterly direction to its intersection with Andrews Road; thence with the center line of Andrews Road to its intersection with 19,h Street; thence in a southerly direction with the center line of 19~ Street to its intersection with Carroll Avenue; thence west with the center line of Carroll Avenue to its intersection with 21s' Street; thence with the center line of 21" Street in a northeasterly direction crossing Delaware Avenue to a point being the easterly boundary Block 3, Rosemont Subdivision; thence north with the easterly boundary of Rosemont Subdivision to its intersection with Andrews Road; thence with center line of Andrev~s Road in a westerly direction to its intersection with Cove Road; thence in a westerly direction with center line of Cove Road to its intersection with Lafayette Boulevard; thence with the ,center line of Lafayette Boulevard in a southwesterly direction approximately 260 feet to a common corner of Tax No. 2450102 and 2450105; thence in a northwesterly direction 400 ft. to a point; thence in a southwesterly direction approximately 450 feet to Florida Avenue; thence crossing Florida Avenue approximately 910 ft. to the center line of Massachusetts Avenue; thence in a southeasterly direction with the center line of Massachusetts Avenue to its intersection with an alley; thence with the alley center line in a southerly direction approximately 750 ft. to its intersection with Clifton Street; thence along the center line Of Clifton Street approximately 70 feet to an alley; thence along the alley center line in a southerly direction approximately 350 ft. to its intersection New York Avenue; thence crossing New York Avenue to a closed alley; thence along said closed alley approximately 160 ft. to an alley; thence southwesterly with alley center line approximately 650 ft. to its intersection with Crescent Street; thence with center line of Crescent Street south to its intersection with Melrose Avenue; thence with the center line of Melrose Avenue in a southeasterly direction to its intersection with 24'~ Street; thence with center line of 24th Street in a southerly direction to its intersection with Salem Turnpike; thence with the center line of Salem Turnpike to its intersection with Essex Avenue; thence with center line Essex Avenue to its intersection with 22"d Street; thence with center line of 22~ Street in a southerly direction to its intersection with Loudon Avenue; thence with center line of Loudon Avenue to its intersection with 18th Street; thence with the center line of 18t~ street in a southerly direction to its intersection with Centre Avenue; thence with center line of Centre Avenue to its intersection with 12t~ Street; thence with center line of 12'~ Street to its intersection with'Shenandoah Avenue; thence with center line of Shenandoah Avenue to its intersection with 6~ Street; 473 thence with center line of 6'h Street in a northerly direction to its intersection with Centre Avenue; thence with ~enter line of Centre Avenue in an easterly direction to its intersection with 5~ Street, north with ce'nter line of 5~ Street to an alley; thence in a easterly direction with the alley center line to the nortl~eastly corner of Tax No. 2013938; thence in a southerly direction approximately 120 ft. to its intersection w~th. Wells Avenue; thence with the center line of Wells Avenue to its intersection with Gainsb~ro Road; thence with the center line of Gainsboro Road in a northeasterly direction to its intersection with Gilmer Avenue, thence east with the center line of Gilmer Avenue to its intersection with Jefferson Street; south with the center line of Jefferson Street to its i.~tersection with Wells Avenue, east with the center line of Wells ;4venue to the point of beginning. · (iii) Southeast Rental Inspection District: Beginning at the intersection of Albemarle Avenue and 4t~ Street, north with the center line of 4~ Street to its intersection with Bullitt Avenue, wes~ wi. th the center line of Bullitt Av~'nue to it intersection with Interstate .581; thence north with the center line of Interstate 581 to its intersection with an alley; thence east with the alley center line to its intersection with 4'h Street; thence, north with center line of 4'~ Street to its intersection ~vifh Tazewell Avenue; thence west with the center line of Ta~ewell Avenue. to its intersection of Interstate 581; thence north With the center line of 581 to its intersection with Church Avenue; thence east with center line of Church Avenue to its intersection with 8~' Street; thence north.v~ith the. cen'ter line' of 8'~ Street to i~ ii~tersecti6n with Campbell Avenue; thence east with the ce~fcr line of Campbell Avenue to its~ intersection with 12~ Street; thence north with center line of 12'~ Street to its intersection with Wi$e Avenue; thence east with the center line of Wise Avenue to its intersections with 14~ Street; t~ence north with the center line"o,f 14'~ Street to its intersection 'with Norfolk Avenue and Norfolk Southern Railway, · follow railway east to intersection with wise A'venue; thence west w~th the center line of Wise Avenue to Fallon Park; then~:e following Fa#on Park boundary south and west to ~orner, then south and east to the center line of 19~ Street; thence so. uth with the center line of 19'~ Street to its intersection of Dale .Avenue; thence east with the center line of Dale Avenue to northweJt corner of Tax No. 4311204: thence in a southerly and westerly, direction around said Tax No. 4311204; thence with western..boundary of parcel 4311201 to the intersection of Montclair Avenue; thence east along southern boundary of Tax No. 4311201, crossing Vernon Street and east along southern boundary of parcel 4311306 to its intersection with Norfolk Southern Railroad; thence south with the center line of the railroad to parcel 4321021 (Hooker Furniture), 474 follow boundary of parcel 4321021 west along its northern boundary to its westernmost corner at the intersection of Norfolk Southern Railway; thence west with center line of railroad to eastern intersection of Tayloe Avenue; thence west with center line of Tayloe Avenue to its intersection with Miami Street; thence south with the center line of Miami Street to its intersection with a 10 ft. alley; thence with alley center line to its intersection with Penrod Avenue (undeveloped); thence in a easterly direction with the center line of Penrod Avenue to its intersections with Buena Vista Boulevard (undeveloped); thence with the center line of Buena Vista Boulevard in a southerly direction to its intersection with Morgan Avenue; thence in a westerly direction with the center line of Morgan Avenue to its intersection with 9'h Street; thence south with the center line of 9'~ Street to its intersection with Norfolk Southern Railroad; thence with the center line of the railroad west and northwest to southeast corner of parcel 4022223; thence north along eastern boundary of 4022213 to its intersection with Albemarle Avenue; thence west with the center line of Albemarle Avenue to its intersection with 4'~ Street being the place of beginning. (iv) Westside Boulevard Rental Inspection District: Official Tax Map Nos: ~2720113 (105 Westside Boulevard, N. W.), 2720105 (114 Westside Boulevard), 2720112 (213 Westside Boulevard, N. W.), and 2720801 (226 Westside Boulevard, N. W.). (v) Tinker Drive, N.E., Rental Inspection District: Official Tax Map No. 7170401 (2001 Tinker Drive, N. E.). (vi)Williamson Road, N.E. Rental Inspection District: Official Tax Map Nos. 3091003 (2205 Wiltiamson Road, N. E.) and 3091004 (2205 Williamson Road, N. E.). 2. Section 7-35, Definitions, of the Code of the City of Roanoke (1979) as amended, is amended, to read and provide as follows: Sec. 7 - 35. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Buildinq maintenance code official means the person charged with enforcing the building code as that term is defined in this article. 475 Chan,~ =,n occ;~ ,,-~a,~s '~ ....... =-- of a ~'"-"=-- ~'"-":-- est ..... Dwellinq unit means a o,,,~,~ u,,,, ~,.,.,~,,,~ ~,.,,,~.,~.~, ,,,u~t.~,,.,~,,~ un:,t CG~t&i~ .,~..,.. ~ ~.~,,,,,~ .,,.~,~ 15 ~,, ~,.~,,..,~,,~ vv,,,~,, -~-= -~:~" '~ ............ ~ .... b ildi g part thereof that is used for a home or residence by one or more persons who maintain a household. The term dwelling unit includes, but is not limited to condominiums, efficiencies, townhomes, manufactured or mobile homes, single-family homes, two-family homes, mu/t/family homes or mu/t/familY apanments. The term dwelling unit shall not include hospitals, nursing homes, convalescent homes or similar facilities providing medical care to the aged, infirm or disabled, or hotels, motels, inns and other establishments held out for transients, unless such establishments rent primarily to occupants for more than thirty. (30) continuous days. Inspection or inspected means an inspection conducted bythe city manager. Manaqinq aqent means any person having the authority, singly or in combination with another, to enter into an agreement for the occupancy of property subject to this article. 476 Multiple-family ~ development means any building or any ~ series of buildings, ~ consisting of ~ more than ten (10) dwelling units, occupied for valuable consideration, on a single lot or adjacent lots under common ownership. The term "multiple-family fef~col~f~ developmenf' shall not include mobile homes under common ownership in a mobile home park or subdivision, and such teFm shall not include single-family homes, two-family homes, or townhouses under common ownership. Owner means a person shown on the current real estate assessment books or current real estate assessment records as a any person holding title to real property in the city. ,~v~,,u~, ~,,y treasurer or ~,,y ~,~,~. The word "owner" shall not include any person who merely holds a deed of trust on real property. Property means ~ dwelling units which are leased or rented, in whole or in part, to tenants. Buildinq Pi'c.,p,~rty ,~,a]nt~nanc~ code means that portion of the building code entitled, the ICC International Property Maintenance Code, as referred to and adopted by reference in section 7-5 of this Code, and any .amendments to, or subsequent editions of, the ICC International Property Maintenance Code., or subsequent ~,,,,,,,,,o. Rental inspection district means a district established by city council which is subject to this article.. Residential rental dwellinq unit means a dwelling unit that is leased or rented to one or more tenants. However, a dwelling unit occupied in part by the owner thereof shall not be construed to be a residential rental dwelling unit, unless a tenant occupies a part of the dwelling unit which has its own cooking and sleeping areas, and a bathroom. Tenant means any person who is not an owner of the e~Htit~j;-of dwelling unit or residential rental dwelling unit which he occupies. 477 3. Section 7-36, Applicability, of the Code of the City of Roanoke (1979), as amended, is hereby amended by amending subsection (a), and adding subsections (b) and (c), to read and provide as follows: Sec. 7-36. Applicability. (a) The provisions of this article shall apply to all ~ or ,,~,~,,,.,~ residential rental dwelling units ,,,.,,,.,,_,_u~,,~u:--~ b~" any ~ which are located in '~- L ..... ~___ L .... ~__ ~,,~, ,~,, a rental inspection district or ia ~th~r ~,~, ~--' ..... ~ -- ~, ~, a~ ~ any residential rental d~,llin~ units located outside such districts and declare~ ~y city council to be subject to ~his article pursuant to sec,ion 36-105. 1:1 o~ ~he Cod~ o[ Virginia (1950), as amended. Any residen~iol rental d~ellin~ uni~ located outside such districts ~ut declared ~y city council ~o ~e subject ~o the provilions o~ this article ,hall ~e id,n~i[i~d on the map en~itl, d, Rental Inspection Distric,, da~ed February 23, 2005, and filed ~irh ~he city clerk [or ~he city o[ Roanoke. A ,map ~,5¢wl,n~ the dtg's (b) Subsection (a) of this section notwithstanding, the provisions of this article shall not apply to any residential rental dwelling unit unless and until the city manager has complied with the notice requirements set forth in subsection C of section 36-I05.1:1 of the Code of Virginia (I 950), as amended. 4. Section 7-37, Inspection and certificate of compliance required, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: (+)- a-chaaga ia occuF, aacy -~ .... '~ .... ":-- -'--'-":-- 478 The consent vf ~,,y ,~,,,,~,, r-,,ana ng agent or ,=,,,,,,,, o,,a,, Section 7-37. Notification bi/owners of residential rental dwellinq units. Ca) Any owner of a residential rental dwelling unit shall notify the building maintenance code official, on a form prepared by the city manager, if a dwelling unit is a residential rental dwelling unit. Cb) The notification requirements of this section shall be met by the owner or owners of any residential rental dwelling unit not more than seventy-five (75) days after the adoption of this ordinance. The notification requirement of this section for any residential rental dwelling unit created over sixty (60) days after the date of the adoption of this ordinance shall be met within thirty (30) days after the creation of the residential rental dwelling unit or the issuance of a certificate of occupancy under the building code pertaining to the residential rental dwelling unit, whichever is the first to occur. 479 (c) The penalty for the willful failure of an owner of a residential rental dwelling unit to comply with the provisions of this section shall be a civil penalty of fifty dollars and no cents ($50.00). 5. Section 7-38, Exemptions, of the Code of the City of ROanoke (1979), as amended, is hereby amended to read and provide as follows: Section 7-38. Initial inspection ora residential rental dwellinq unit. (a) Upon complying with the notification requirements set forth in section 36-105. 1:1 of the Code of Virginia (1950), as amended, the city manager may proceed to inspect any residential rental dwelling unit to determine if the dwelling unit complies with the provisions of the building code that affect the safer decent and sanitary living conditions for the tenants of such dwelling unit. (b) Subsection . (a) of this section notwithstanding, if a multifamily development has more than ten (I0) dwelling units, the city manager may inspect not less than two (2) and not more than ten percent (10%) of such dwelling units in the multifamily. development. If the city manager determines upon conducting such 480 inspections that there are violations of the building code which affect the safe, decent and sanitary living conditions for the tenants of such multifamily development, the city manager may inspect as many dwelling units as necessary within the multifamily development to enforce the building code. 6. Section 7-39, Certificate of exemption, of the Code of the City of Reanoke (1979), as amended, is hereby amended by amending subsections (a), (b), (c), and (d), and adding subsections (e) and (f), to read and provide as follows: 481 Sec. 7-39. 'Exemptions. (a) Upon the initial or periodic inspection of a residential rental dwelling unit subject to this article, and provided that there are no violations of the buil~ling code that a)~fect the safe~ decent and sanitary living conditions for the tenants of such residential rental dwelling unit, the city' manager shall issue to the owner of such residential rental dwelling unit a certificate of exemption from the inspection requirements of this article. The iss'~ance of a certificate of exemption shall exempt the owner or managing agent from the requirements of inspections within this article. The certificate shall be valid for four (4) years from the 'date on which the certifica, te is issued~ (b) If a residential rental dwelling unit has been issued a ce, rtifica~e of occupancy for compliance with the .building code within the last four (4) years,' the city manager shall issue a certificate of exemption for four (4) years from the date of the issuance of the certificate of occupancy by the building official. (c) If a residential ~ental dwelling unit which is exemPt from this article pursuant to this section becomes in violation of the building code during the exemption period, the city manager may revoke the exemption previously granted under this section. Prior to any such revocation, the city manger shall send by first class mail written notice to the owner or managing agent of such residential rental dwelling unit, specifying the nature of the v!olati~ns found and the date upon which the revocation of the certification of exemption will take effect.. P, roof of mailing of the I~st known address of the owner or managing agent of the 'property, by affidavi! or otherwise, shall be sufficient evidence that the notice was received. (d) A certificate of exemption shall be issued upon the building commissioner's written, determination that a residential rental dwelling unit has been the subject of a building Permit for substantial rehabilitation or repair, if such rehabilitation or repair meets the requirements of the building code, and if the extent of the rehabilitation or repair of the entire building or structure in which the residential r~ntal dwelling uni! is located is the equivalent of new construction of such building or structure with respect to the general public health, safety and welfare. (e) The exemptions contained in this section notwithstanding, upon the sale ora residential rental dwelling unit, the city manager may perform an initial inspection as provided in section 7-38 of the Code of the City of Roanoke (1979), as amended, subsequent to such sale. 482 (f) In no event does the issuance of a. certificate of exemption serve to exempt the owner, managing agent or tenant from compliance with all applicable statutes, laws, and ordinances, including the building code. 7. Section 7-40, Issuance of certificate of compliance, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: L4IJUI I I I I .~ ],./~; '~. 1. I ~,,/I II LII~. ~J ¥¥qC; I I I I I ~1! UVV~.IIII I~J I,,41 IlL; A.II I ~./UI III I I~,J 1,41111. prc, p~y ---: ....... '~ Section 7-40. Follow-up inspections. Upon the initial or periodic inspection of a residential rental dwelling unit subject to this article, the city manager may require the owner of the dwelling unit to submit to such follow-up inspections of the dwelling unit as the city manager deems necessary, until such time as the dwelling unit is brought into compliance with the provisions of the building code that affect the safe, decent and sanitary living conditions for the tenants: 8. Section 7-41, Temporary waiver of compliance, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: 483 Sec. 7-4 I. Periodic inspections. Except as provided in sections 7-40 and 7-39(e) of the Oty Code, following the initial inspection of a residential rental dwelling unit subject to this article, the city manager may inspect a residential rental dwelling unit subject to this article, which is not otherwise exempt from this article, no more than once each calendar year. 484 9. Section 7-42, Display of proof, of compliance, of the Code of the City of Roanoke (1979), as amended, is hereby amended by amending subsections (a) and (b), to read and provide as follows: Sec. 7-42. Display of l~o~ol~H+aw¢~ certificate of exemption. ~,,,,~,,,a,,~ ~, L,,,~,,,~, or certificate of exemption may be adhered tO the ~'"-"=-- ~'"-": ..... ,~,,~,,,,,~, ,~,,~,,,,,~ u,,,,, c,r ,,~,~,,,,,,~ residential rental dwelling unit to which it applies. No such ~ certificate may be adhered to any d'"-'"--,,~,,,,,~, u,,~,,,,,~'"-"= ..... u,,,L,=' or ,v,~,,,,,,~ residential rental dwelling unit for which the s~-Eef certificate was not intended, or issued, and certificate shall not be mandatory. (b) No s-t-it-kef certificate referenced in subsection (a) of this section may be displayed upon the receipt of the city manager's notice of revocation of a certificate of exemption, and no stic-ke~ fe~-if~*o--a certificate of cc~,,phanc~ ,~, ~,,,~,v,a,~ ,,~,,~, ~, ~,~,,,~,,,~,,~ ~,,,,,~,~ .exemption which has expired shall be displayed. 10. Section 7-43, Alteration of proof.of compliance, o[ the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: Sec. 7-43. Alteration of ~o~o~¢o1~l~'~ certificate of exemption. No person may deface or alter a ~,,,,,~=,~ ,~, ~,,,,,~,,o,,~, ,~,,,~,~,,~,~ ......... certificate of exemption or sticker issued in .... : .... of ~ ~-~,-~ ~ connection therewith, in whole or in part, without the written permission of the cty manager, 11 Section 7-44, Fees, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: Section 7-44. Fees. The fees for initial, follow-up and periodic inspections shall be as set forth in the fee compendium as amended from time to time by the city council. 12. Section 7-45. Appeals, of the Code of the City of Roanoke (1979), as amended, is hereby amended by amending subsection (b), to read and pi®vide as follows: Section 7-45. Appeals. 485 (b) Any person aggrieved by any determination or decision of the building maintenance code official made pursuant to this article shall have the right to appeal such determination or decision in accordance with the provisions of the ~,,,,~,~,,y ,,,a,,,,~,,a,,~ building code. 13. This ordinance shall be in full force and effect on and after July 1, 2005. 14. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED Beverly T. Fitzpatrick, Jr.. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2005. No. 37106-062005. AN ORDINANCE authorizing the City Manager to execute the necessary documents to convey City-owned property, which houses Fire Station #10 located at S268 Aviation Drive, bearing Tax No. 6S60101, containing approximately 2.67 acres, to the Roanoke Regional Airport Commission; authorizing the City Manager to execute a letter dated May 27, 2005, agreeing to certain terms and conditions for the continued operation of the Station; and authorizing the City Manager to execute an amendment to the t'987 contract with the Roanoke Regional Airport Commission, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. 486 WHEREAS, a public hearing was held on June 20, 2005, pursuant to §§.1.5.2-1800(B) and 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 conveyance. BE IT ORDAINED by the Council of the City of Roanoke, Virginia that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, upon form approved by the City Attorney, the necessary documents to convey City-owned property which houses Fire Station #10 located at 5268 Aviation Drive, bearing Tax No. 6560101, containing approximately 2.67 acres, to the Roanoke Regional Airport Commission, upon certain terms and conditions, as more particularly described in the City Manager's letter to City Council datedJune 20, 2005. 2. The City Manager is authorized to execute, upon form approved by the City Attorney, the letter dated May 27, 2005, from the Executive Director of the Roanoke Regional Airport, agreeing to certain terms and conditions for the continued operation of the Station. 3. The City Manager and City Clerk are authorized to execute and attest, respectively, upon form approved by the City Attorney, an amendment to paragraphs 5 and 21(b)of the 1987 contract with the Roanoke Regional Airport Commission to make it consistent with the terms of the letter dated May 27, 2005, from the Executive Director of the Roanoke Regional Airport, as more particularly described in the City Manager's letter to City-Council dated June 20, 2005. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor 487 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2005. 37107-062005. AN ORDINANCE to establish a revenue estimate from the sale of property on Aviation Drive and to appropriate funding for the new construction of the Fire-EMS Stations ~3 and #5, amending and reordaining certain sections of the 2004-2005 Capita Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke thal the following sections of the 2004~2005 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from General Revenue Revenues Sale of Prope.rty on Aviation Drive 008-530-9680-9003 $ 485,862.00 008-530-9681-9003 008-530-9680-9820 285,801.00 771,663.00 Pursuant to the prowsions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Beverly T. Fitzpatrick, Jr. Vice-Mayor 488 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of June, 2.005. No. 37108-062005. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a .2661 acre parcel of City-owned property known as Tract B-l, bearing Official Tax No. 1012407, together with a 24 foot access easement across City-owned property known as Tract B-2, to the American National Red Cross, in exchange for three parcels bearing Official Tax Nos. 1113512, 1113513, and 1113514, located at the corner of Fifth Street and Luck Avenue, S. W., for future development of a downtown parking garage, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held' on June 20, 2005, pursuant to §§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 said conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of a .2661 acre parcel of City-owned property known as Tract B-l, bearing Official Tax No. 1012407, together with a 24 foot access easement across City-owned property known as Tract B-2, to the American National Red Cross, in exchange for three parcels located at the corner of Fifth Street and Luck Avenue, S. W., bearing Official Tax Nos. 1113512, 1113513, and 1113514, for future development of a downtown parking garage, upon certain terms and conditions and as more particularly shown on the plat attached to the City Manager's letter to this Council dated June 20, 2005. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker Beverly T. Fitzpatrick, Jr. City Clerk Vice-Mayor 489 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5'h day of July, 2005. No. 37109~70505. A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2005, and terminating June 30, 2006, and changing the time of commencement of regular meetings to be held on the third Monday in August, 2005, and the third Monday in September, 2005. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This resolution establishes a schedule of regular meetings for City Council for the Fiscal Year commencing July 1, 2005, and terminating June 30, 2006. 2. For such fiscal year, City Council shall hold regular meetings on the first and third Mondays of each month, at the following times of commencement: (a) Unless otherwise provided by resolution of Council, each regular meeting on the first Monday in each month shall commence at 9:00 a.m. for the conduct of informal meetings, work sessions, or closed meetings. Thereafter, Council shall take up the regular agenda at 2:00 p.m. Council may recess between the 9:00 a.m. session and the 2:00 p.m. session. (b) Unless otherwise provided by resolution of Council, each regular meeting on the third Monday in each month shall commence at 2:00 p.m. for the conduct of regular business. The second meeting of each month shall be recessed upon the completion of all business except the conduct of public hearings, and such meeting shall be reconvened at 7:00 p.m. on the same day for the conduct of public hearings. 3. With regard to the regular meetings scheduled to be held at 2:00 pm. on August ].5, 2005, and September 19, 2005, the third Monday in each month, the time of commencement is changed in order that both of these meetings commence at 12:00 Noon on those dates. 4. When any regularly scheduled Monday meeting shall fail on a holiday of the City, such meeting shall be held on Tuesday next following. 5. All meetings of City Council shall be automatically adjourned at 1~.:00 p.m., unless a motion setting a new time for adjournment be made, seconded, and unanimously carried. 490 6. Except for the 9:00 a.m. session of the regular meeting on the first Monday in each month, which shall be held in Room 159 of the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., in this City, all regular meetings of City Council shall be held in the Council Chambers, Room 450, of the Municipal Building, unless otherwise provided by resolution of Council. 7. City Council may prescribe a day or time other than that established by this resolution or a meeting place other than that established by this resolution by adoption of a resolution establishing a new meeting day, place or time. City Council shall cause a copy of such resolution to be posted adjacent to the ,door of the Council Chambers and inserted in a newspaper having general circulation 'in the City at least seven days prior to the date of the meeting at such amended day, time or place 8. This Resolution shall have no application to special meetings of City Council called pursuant to §10 of the City Charter. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5'h day of July, 2005. No. 37110~70505. AN ORDINANCE providing for the acquisition of certain property needed by the City for the development of a new Fire - EMS station, located on Melrose Avenue, bearing Roanoke City Tax No. 2322001, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. To provide for the acquisition of certain property needed by the City for the development of a new Fire - EMS station, the City wants and needs certain property located on Melrose Avenue, bearing Roanoke City Tax No. 2322001, as more fully described in a letter of the City Manager to City Council dated July 5, 2005. 491 2. The City's purchase of the property bearing Official Tax No. 2322001 is subject to the City obtaining an acceptable title report and an acceptable environmental site inspection. 3. The City Manager is directed on behalf of the City to offer the landowners such consideration for the property as deemed appropriate; provided, however, the total consideration offered or expended and any and all necessary closing costs shall not exceed $332,500.00i which consideration shall not include appraisals, title reports, preparation of necessary documents, and recordation costs, without further authorization of Council. Upon the acceptance of an offer and upon delivery to the City of deeds, approved as to 'form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owners of the interests conveyed, certified by the City Attorney to be entitled to the same. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5'h day of July, 2005. No. 37111..070505. A RESOLUTION supporting the City of Roanoke's participation in the Virginia Department of Transportation's Revenue Sharing Program. WHEREAS, the Virginia Department of Transportation's Revenue Sharing Program has been available to Virginia counties for many years; WHEREAS, as part of a new initiative, the Virginia Department of Transportation's Revenue Sharing Program is now available to Virginia cities and towns up to a maximum of $! million; 492 WHEREAS, the Virginia Department of Transportation's Revenue Sharing Program requires matching funds on a one to one basis; and WHEREAS, the City has identified three projects for which funds from the Virginia Department of Transportation's Revenue Sharing Program may be used and matching City funds for the projects. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council supports the City's participation in the Virginia Department of Transportation's Revenue Sharing Program, as more fully set forth in the City Manager's letter dated July 5, 2005, to Council. APPROVED A'I-I'EST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5'h day of July, 2005. No. 37112~70505. AN ORDINANCE to appropriate TEA-2]. Enhancement Grant funding to be provided by VDOT for the Roanoke Passenger Station Renovation Project, amending and reordaining certain sections of the 2005-2006 Capital Projects 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 2005-2006 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds Revenues Roanoke River Greenway - TEA21 FY06 08-530-9900-9007 08-530-9900-9925 $100,000.00 100,000.00 493 Pursuant tO the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5'h day of July, 2005. 37113~70505. AN ORDINANCE to transfer funding and provide approval of an additional position for computer support for the new Budget Preparation System, amending and reordaining certain sections of the 2005-2006 Department of Technology 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 2005-2006 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement ICMA Match FICA Life Insurance Reserve-Future Capital Outlay 13-430-16014002 13-430-16014105 13-430-16014116 13-43046014120 13-430-1601-1130 13-4304602-3028 $ 37,859.00 4,774.00 650.00 2,896.00 432.00 (46,611.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A'I-rEST: Mary F. Parker City Clerk j ~/?~,~,~.~,~_A P P R O V E D C. Nelson Harris Mayor 494 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5'h day of July, 2005. No. 37114~70505. AN ORDINANCE to appropriate funding for the Department of Social Services and to provide approval of five additional positions for child welfare, amending and reordaining certain sections of the 2005-2006 General Fund Appropriations, and dispensing with the second reading by title of, this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement FICA Life Insurance Telephone Expendable Equipment Training and Development Contingency Revenues VDSS - Child Welfare 01-630-5 314-1002 01-630-5314-1105 01-630-5314-1120 01-630-5314-1130 01-630-5314-2020 01-630-5314-2035 01-630-5314-2044 01-300-9410-2199 01410-1234-0728 146,363.00 18,456.00 12,215.00 1,820.00 2,000.00 11,000.00 3,277.00 (39,026.00) 156,105.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor 495 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5'h day of July, 2005. No. 37115-070505. A RESOLUTION discontinuing and abolishing the Flood Plain Committee which was first appointed by a former Mayor on April 30, 1973, and expressing this Council's appreciation to the members for their services to the City. WHEREAS, on April 30, 1973, former Mayor Roy L. Webber appointed a 'Flood Plain Committee for the purpose of contacting other affected governing bodies to get a consensus of opinion as to measures that may be taken to prevent flooding and further coordinate relief from flooding along the Roanoke River and its tributaries; and WHEREAS, this Committee has served its purpose, and it is no longer necessary to continue as a Council-~ppointed committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Flood Plain Committee is hereby discontinued and abolished. 2. This Council takes this opportunity to express its appreciation to the members of this Committee for their services to the City of Roanoke. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of July, 2005. No. 37116-070505. AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Municipal Auditor, and City Clerk, for the fiscal year beginning July 1, 2005; and dispensing with the second reading by title of this ordinance. 496 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. For the fiscal year beginning July 1, 2005, and ending June 30, 2006, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of Council-appointed officers shall be the salary received by each during the fiscal year July 1, 2004, ending June 30, 2005, increased by three percent (3.0%). 2. Any increase in compensation due to any officer or employee under this Ordinance shall be first paid with the first paycheck in July, 2005. 3. The,Director of Finance shall continue to pay on an installment basis the sum of $$.000.00 per calendar year to ICMA as deferred compensation on behalf of the five incumbent Council-~ppointed officers. The sum shall be paid in equal quarterly installments. 4. In no calendar year shall amounts of deferred compensation contributed by the City to ICMA on behalf of the Council-~ppointed officers exceed the maximum amount permitted by the Internal Revenue Code and IRS regulations to be deferred on a tax-free basis annually. 5. The Director of Finance shall be authorized, for and on behalf of the City, to execute any documents required by ICMA to implement this ordinance. 6. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 7. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor 497 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of July, 2005. No. 37117-071805. AN ORDINANCE to establish the Local Government Challenge Grant, amending and reordaining certain sections of the 2005-2006 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 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Arts Council Of The Blue Ridge Mill Mountain Theatre Opera Roanoke Roanoke Symphony Orchestra Young Audiences of Virginia Roanoke Ballet Theatre, Inc. Revenues Challenge Grant FY06 035-410-8740-3737 $ 833.00 035-410-8740-3749 833.00 035-410-8740-3762 833.00 035-410-8740-3736 833.00 035-410-8740~3802 834.00 035-410-8740-3779 834.00 035-410-8740-8740 5,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with, APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of July, 2005. No. 37118-071805. A RESOLUTION authorizing the acceptance of Local Government Challenge Grant No. 06-0322 from the Virginia Commission for the Arts, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 498 1. The City of Roanoke accepts Local Government Challenge Grant Number 06-0322 from the .Virginia Commission for the Arts in the amount of $5,000.00, to be used for those purposes and under the terms and conditions as more particularly stated in the City Manager's letterto this Council dated July 18, 2005. 2. The City Manager is hereby authorized to execute any and all requisite decuments as are required for the City's acceptance of this grant, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City!s acceptanc~ of this grant. APPROVED Mary F. Parker City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'~' day of July, 2005. No. 37119-071805. AN ORDINANCE to appropriate funding for the Project Safe Neighborhoods Grant, amending and reordaining certain sections of the 2005-2006 Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by 1~he Council of the City of Roanoke that the following sections of the 2005-2006 Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant FUnd Appropriations · Overtime' FICA Professional Services Administrative Supplies Expendable Equipment Revenues Project Safe Neighborhoods Grant 035-640-3558-1003 035-640-3558-1120 035-640-3558-2010 035-640-3558-2030 035-640-3558-2035 035-640-3558-3558 $ 46,445.00 3,555.00 16,000.00 1,000.00 33,000.OO 100,000.00 499 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~1~ Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of July, 2005. No. 37120-071805. A RESOLUTION authorizing the acceptance of a Project Safe Neighborhoods Grant from the U. S. Department of Justice, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the U. S. Department of Justice a Project Safe Neighborhoods Grant in the amount of $100,000.00, with the City providing an additional $100,000.00 in local matching funds. Such grant being more particularly described in the letter of the City Manager dated July 18, 2005. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the Project Safe Neighborhoods Grant, approved as to form by the City Attorney, required in connection with the acceptance of such grant and to furnish such additional information as may be required by the U. S. Department of Justice. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 500 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'" day of July, 2005. No. 37121-071805. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for Facade Grants in the Enterprise Zone One A Project, amending and reordaining certain sections of the 2005-2006 Capital Projects 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 2005-2006 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Fund Balance Economic and Community Development Reserve -Unappropriated 008-310-9736-9003 00.8-3325 $ 100,000.00 (100,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of July, 2005. No. 37122-071805. A RESOLUTION authorizing the City Manager to execute a CDBG-funded Agreement, and any necessary amendments thereto, with Kuumba Community Health & Wellness Center, Inc., providing $125,000.00 of Community Development Block Grant (CDBG) funds to assist with the acquisition of, and costs associated with, the purchase of property located at 3716 Melrose Avenue, N. W., Roanoke, ..... --~__.V_~rginia. 501 WHEREAS, on May 10, 2005, City Council approved the submission of the Five Year Consolidated Plan for 2005-2010, including the Fiscal Year 2005-2006 One Year Action Plan, to the U. S. Department of Housing and Urban Development (HUD); and WHEREAS, on June 20, 2005, City Council accepted the 2005-2006 CDBG funds and appropriated $125,000.00 of CDBG funds to Kuumba Community Health & Wellness Center, Inc., for acquisition of property. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk, are hereby authorized, for and on behalf of the City, to execute and attest, respectively, on behalf of the City, the Subgrant Agreement between the City and Kuumba Community Health & Wellness Center, Inc., providing $125,000.00 of CDBG funds for acquisition of, and costs associated with, the purchase of property located at 3716 Melrose Avenue, N. W., Roanoke, Virginia, upon the terms and conditions set forth in the City Manager's letter, dated July 18, 2005, to this Council. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'" day of July, 2005. No. 37123-071805. AN ORDINANCE authorizing the City Manager to execute a Declaration of Restrictive Covenants and Certification of Satisfactory Completion of Remediation and any documentation required by the Virginia Department of Environmental Quality(VDEQ) and take such further action as may be needed to obtain the VDEQ approval for a Certification of Satisfactory Completion of Remediation for certain City owned property located at 704 Franklin Road, S. W., containing approximately 0.77 acres, and being Official Tax Map No. 1020310; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 5O2 1. The City Manager and the City Clerk are hereby authorized to execute and to attest, respectively, a Declaration of Restrictive Covenants and CertificatiOn of Satisfactory Completion of Remediation and any related and necessary documents, in a form approved by the City Attorney, in connection with certain City owned property located at 704 Franklin Road, S. W., containing approximately 0.77 acres and being Official Tax Map No. 1020310, upon certain terms and co'nditions as may be required by the VDEQ and as set forth in the City Manager's letter to Council dated July 18, 2005. 2. The City Manager is authorized to take such further action, to include the recording of documents, and execute such other documents as may be necessary to obtain the VDEQ approval for the City's successful completion of remediation of the above property under VDEQ's Voluntary Remediation Program. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of July, 2005. No. 37124-071805. A RESOLUTION authorizing the Mayor to execute an 1~73 Programmatic Agreement with the Federal Highway Administration (FHWA), the Advisory Council on Historic Preservation, the Virginia State Historic Preservation Officer, the Virginia Department of Transportation, the National Park Service, and Roanoke County, regarding the Interstate 73 Corridor proposed to run through the City of Roanoke, such agreement containing provisions seeking to resolve any adverse effects this undertaking may have on the Blue Ridge Parkway or other .historic properties. 503 WHEREAS, the Virginia Department of Transportation (VDOT) proposes to construct Interstate 73 (VDOT Project No. 0073-962-FO 1, PE 101; PPMS 16596; VDHR File No. 94-0572) extending south from Interstate 81 in Roanoke to the Virginia-North Carolina state line, hereinafter referred to as the Project; WHEREAS, the VDOT anticipates receiving Federal financial assistance for the Project from the Federal Highway Administration (FHWA), and the FHWA has determined that the provision of financial assistance for the Project is an appropriate undertaking; WHEREAS, pursuant to the Rivers and Harbors Act of 1899 and the Clean 'Water Act of 1973, a Department of the Army permit will likely be required from the Corps of Engineers, and the Corps has designated FHWA as the lead federal agency to fulfill federal responsibilities under the National Historic Preservation Act; WHEREAS, the final alignment of the proposed Interstate 73 crossing of the Blue Ridge Parkway was approved by the Commonwealth Transportation Board on July 15, 2004, and will be located in the vicinity of the existing crossing of Route 220 at the Blue Ridge Parkway; WHEREAS, the FHWA, in cooperation with VDOT, and in consultation with the Virginia State Historic Preservation Officer (SHPO), has determined that the Project will have an adverse effect on the Blue Ridge Parkway, a property considered eligible for the National Register of Historic Places; WHEREAS, the FHWA, with the assistance of VDOT, has consulted with the Advisory Council on Historic Preservation and the SHPO, to address the potential effects of the Project on historic properties in accordance with the National Historic Preservation Act and its implementing regulations; and WHEREAS, the City of Roanoke and the County of Roanoke, and Virginians for Appropriate Roads (VAR) have participated as consulting parties during the consultation process and have been invited by the FHWA to concur in this Programmatic Agreement. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Mayor is hereby authorized to execute the 1-73 Programmatic Agreement in order to ensure that the 1-73 Corridor project shall be implemented in accordance with proper measures to resolve any adverse effects it may have on the Blue Ridge Parkway or other historic properties. 504 2. The .City Clerk is directed to transmit attested copies of this Re~5olution to the Federal Highway Administration, the Chair of the Advisory Council on Historic Preservation, the State Historic Preservation Officer, the National Park Service, Mr. Bruce Penner at the Virginia Department of Transportation, and to the County of Roanoke. APPROVED Mary F. Parker City Clerk C, Nelson H~rris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of July, 2005. No. 37125-071805. AN ORDINANCE to transfer funding from Capital Improvement Reserve for the Mill Mountain Theater, amending and reordaining certain sections of the 2005- 2006 Capital Projects 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 2005-2006 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Economic Development 008-310-9843-9132 008-530-9575-9178 $ 125,000.00 (125,000.00) Pursuant to the .provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 505 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 18'h day of July, 2005. No. 37126-071805, A RESOLUTION amending and restating the Articles of Incorporation for the Western Virginia Water Authority (the "Authority"). WHEREAS, the Board of Supervisors of Roanoke County, Virginia ( the "County") and the City Council of the City of Roanoke, Virginia (the "City") have 'jointly determined that it is in the best interests of the Authority to amend and restate the Authority's Articles of Incorporation pursuant to the applicable provisions of the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended (the "Act"), and desire to do so by the adoption of concurrent resolutions; and WHEREAS, a public hearing has been held in accordance with the requirements of §15.2-5104 of the Act. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, as follows: 1. The Articles of Incorporation of the Authority are hereby amended and restated as follows: AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE WESTERN VIRGINIA WATER AUTHORITY The Board of Supervisors of Roanoke County and the Council of the City of Roanoke have by cOncurrent resolution adopted the. following Articles of Incorporation of.the Western virginia Water Authority, pursuant to the Virginia Water and Waste Authorities Act (CHapter 51, Title 15.2 of the 1950 Code of Virginia, as amended) ("Act"), ARTICLE I The name of the Authority shall be the Western Virginia Water Authority and the address of its principal office is 600 South Jefferson Street, Suite 200, Roan'oke, Virginia 24011. 506 ARTICLE II The names of the incorporating political subdivisions are the County of Roanoke, Virginia and the City of Roanoke, Virginia. The County of Roanoke and the City of Roanoke, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that these Articles of Incorporation shall not be further amended or changed without the express agreement of each of the governing bodies of each of the incorporating political subdivisions. None of the following actions shall be taken or permitted to occur by the Board of the Authority without the affirmative vote of a majority of the members from each incorporating political subdivision of the Board of the Authority: (1) The inclusion of additional political subdivisions on the Authority; (2) Additional agreement with other political subdivisions, entities, or persons, for the bulk sale of surplus water or the acceptance and treatment of waste water. (3) The recommendation to the governing bodies for the appointment of the seventh member of the Board of the Authority. ARTICLE III The Board of the Authority shall consist of seven members. The names, addresses, and terms of office of the initial members of the Board of the Western Virginia Water Authority ("Authority") are as follows: Elmer C. Hodge, County Administrator - 3 year term Roanoke County Administration Center 5204 Bernard Drive P. O. Box 29800 Roanoke, VA 24018 Michael W. Altizer, Board of Supervisors - 2 year term 3108 Valley Stream Drive Roanoke, VA 24014 H. Odell "Fuzzy" Minnix, Citizen - 4 year term 3314 Kenwick Trail, S. W. Roanoke, VA 24018 Darlene L. Burcham, City Manager - 3 year term Noel C. Taylor Municipal Building City Manager's Office 215 Church Avenue, S. W., Room 364 Roanoke, VA 24011 509 CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA By_ Darlene L. Burcham, City Manager and Incorporator 2. This resolution shall take effect immediately upon its adoption. .APPROVED ' ATFEST: Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of July, 2005. No. 37127-071805. AN ORDINANCE authorizing the City Manager to execute the necessary documents to convey City-owned property housing a water storage tank, located on Carroll Avenue, consisting of 1.2508 acres and identified as Official Tax No. 2340106, to the Western Virginia Water Authority, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on July 18, 2005, pursuant to §§15.2- 1800(B) and 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. BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, upon form approved by the City Attorney, the necessary documents to convey for nominal consideration City-owned property housing a water storage tank, located on Carroll Avenue, consisting of 1.2508 acres and identified as Official Tax No. 2340106, to the Western Virginia Water Authority, upon certain terms and conditions, and as more particularly stated in the City Manager's letter to City Council dated July 18, 2005. 510 se. cond reading of this ordinance by title is hereby dispensed with. Pursuant to the provisions of Section 12 of the City Charter, the A-I-J-EST: //~ A P P R O V E D City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of July, 2005. No. 37128-071805. AN ORDINANCE authorizing the City Manager to enter into a License Agreement between the City of Roanoke and Roanoke Sports Group, LLC, for an initial term of three years, with an additional two year term upon mutual agreement of the parties, which will provide for use of the Civic Center Coliseum and certain related facilities by Roanoke Sports Group, LLC, to provide a certain number of United Hockey League ("UHL") games in the coliseum and to provide certain office space and other space to Roanoke Sports Group, LLC for use during the term of the License Agreement; authorizing the City Manager to take such further action and execute such documents as may be reasonably necessary to provide for the implementation and administration of the License Agreement upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, the Council of the City of Roanoke has held a public hearing on this matter after proper advertisement of such hearing, all as required by §§15.2- 1800, et seq., of the Code of Virginia (I 950) as amended. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: . 1. The City Manager and City Clerk are authorized to execute and attest respectively, a License Agreement between the City and Roanoke Sports Group, LLC, for an initial term of three years, with an additional two year term upon mutual agreement of the parties, which will provide for use of the Civic Center Coliseum and certain related facilities by Roanoke Sports Group, LLC, to provide a certain number of UHL games in the coliseum and to provide for the use of 736 square feet of office space at the Roanoke Civic Center upon certain terms and conditions as set forth in the attachment to the City Manager's letter to this Council dated July 18, 2005. The License Agreement is to be in a form substantially similar to the one attached to such letter. All necessary documents shall be upon form approved by the City Attorney. 5O7 M. Rupert Cutler, City Council -2 year term 8 North Jefferson Street, #503 Roanoke, VA 24016 Robert C. Lawson, Jr., ~:itizen - 4 year term Suntrust Bank, Suntrust Plaza 10 Franklin Road, S. E., 9'h Floor Roanoke, VA 24001 P. O. Box 2867 Roanoke, VA 24001 George W. Logan, Citizen - 4 year term 2217 Crystal Spring Ave., S. W., Suite 200 Roanoke, VA 24014 P.O. Box 1190 Salem, VA 24153 Mr. Logan resigned from the Board effective May 19, 2005 and the following director has been appointed to fulfill the unexpired portion of his term: John B. Williamson, III Roanoke Gas Company 519 Kimball Ave, N. E. Roanoke, Virginia 24016 The terms of office of each of the initial members shall begin on the date of issuance of a certificate of incorporation or charter for the Authority by the State Corporation Commission. The governing body of each participating political subdivision shall appoint the number of members, who may be members of the governing body, set forth opposite its name below: County of Roanoke - three City of Roanoke - three A seventh member shall be appointed jointly by the City of Roanoke and County of Roanoke. The six members of the Authority Board shall recommend to the City and the County the appointment of the seventh member. The City and the County shall ratify and confirm the appointment of the seventh member. If the City and the County fail to act or are unable to act within 60 days of the receipt of this recommendation, then the appointment of the seventh member shall be made by the judges of the Circuit Court for the 23rd Judicial Circuit. Initially, the governing body of the County of Roanoke shall appoint one member for a four-year term, one member forathree-year term, and one member for a two-year term. Initially, the governing body of the City of Roanoke shall appoint one member for a four-year term, one member for athree-year term, and one member for a two-year term. 5O8 After the initial terms, each member shall be appointed for a four-year term or until a successor is appointed and qualified, which four-year term shall begin on July 1 oftheyear in which the previous, initial term expires. The governing body of each political subdivision shall be empowered to remove at any time, without cause, any member appointed by it and appoint a successor member to fill the unexpired portion of the removed member's term. Each member shall be reimbursed by the Authority for the amount of actual expenses incurred in the performance of Authority duties. ARTICLE IV The purposes for which the Authority is to be formed are to exercise all the powers granted to the Authority to acquire, finance, construct, operate, manage and maintain a water, waste water, sewage disposal and storm water control system and related facilities pursuant to the Virginia Water and Waste Authorities Act, Chapter 51,Title 15.2 of the 1950 Code of Virginia, as amended ("Act"). The Authority shall have all of the rights, powers, and duties of an authority under the Act. It is not practicable to set forth herein information regarding preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial rates for the proposed projects. ARTICLE V The Authority shall serve the County of Roanoke, the City of Roanoke, and to the extent permitted by the Act and by the terms of these Articles and the Western Virginia Water Authority Operating Agreement, such other public or private entities as the Authority may determine upon the terms and conditions established pursuant to such contracts. ARTICLE VI The Authority shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the political subdivisions. BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By. Elmer C. Hodge, County Administrator and Incorporator 509 CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA By Darlene L. Burcham, City Manager and Incorporator 2. This resolution shall take effect immediately upon its adoption. A'I-rEST: Mary F. City Clerk APPROVED Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'" day of July, 2005. No. 37127-071805. AN ORDINANCE authorizing the City Manager to execute the necessary documents to convey City-owned property housing a water storage tank, located on Carroll Avenue, consisting of 1.2508 acres and identified as Official Tax No. 2340106, to the Western Virginia Water Authority, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on July 18, 2005, pursuant to §§15.2- 1800(B) and 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. BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, upon form approved by the City Attorney, the necessary documents to convey for nominal consideration City-owned property housing a water storage tank, located on Carroll Avenue, consisting of 1.2508 acres and identified as Official Tax No. 2340106, to the Western Virginia Water Authority, upon certain terms and conditions, and as more particularly stated in the City Manager's letter to City Council dated July 18, 2005. 510 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. ParR'er City Clerk APPROVED Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of July, 2005. No. 37128-071805. AN ORDINANCE authorizing the City Manager to enter into a License Agreement between the City of Roanoke and Roanoke Sports Group, LLC, for an initial term of three years, with an additional two year term upon mutual agreement of the parties, which will provide for use of the Civic Center Coliseum and certain related facilities by Roanoke Sports Group, LLC, to provide a certain number of United Hockey League ("UHL") games in the coliseum and to provide certain office space and other space to Roanoke Sports Group, LLC for use during the term of the License Agreement; authorizing the City Manager to take such further action and execute such documents as may be reasonably necessary to provide for the implementation and administration of the License Agreement upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, the Council of the City of Roanoke has held a public hearing on this matter after proper advertisement of such hearing, all as required by §§15.2- 1800, et seq., of the Code of Virginia (1950) as amended. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are authorized to execute and attest respectively, a License Agreement between the City and Roanoke Sports Group, LLC, for an initial term of three years, with an additional two year term upon mutual agreement of the parties, which will provide for use of the Civic Center Coliseum and certain related facilities by Roanoke Sports Group, LLC, to provide a certain number of UHL games in the coliseum and to provide for the use of 736 square feet of office space at the Roanoke Civic Center upon certain terms and conditions as set forth in the attachment to the City Manager's letter to this Council dated July 18, 2005. The License Agreement is to be in a form substantially similar to the one attached to such letter. All necessary documents shall be upon form approved by the City Attorney. 511 2. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance is hereby dispensed with by title. APPROVED Al-rEST: Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of July, 2005. No. 37129-071805. A RESOLUTION authorizing the City Manager to execute the Grant Agreement with the Virginia Employment Commission for Program Year 2006 in order for the City to continue as the grant recipient of funding for theWorkforce Investment Act for Area 3. WHEREAS, the City of Roanoke is the grant recipient for Workforce Investment Act ("WlA") funding and City Council must appropriate funding for all grants and other monies received in order for the Western Virginia Workforce Development Board to administer WlA programs; WHEREAS, the Western Virginia Workforce Development Board administers the federally funded Workforce Investment Act for Area 3, which encompasses the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke, and the cities of Covington, Roanoke, and Salem; and WHEREAS, the Virginia Employment Commission is the recipient of such funding from the U. S. Department of Labor and has submitted a WlA agreement for the City of Roanoke to continue to be the grant recipient for WlA Area 3 for Program Year 2006, to be operated by the Western Virginia Workforce Development Board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the Grant Agreement with the Virginia Employment Commission for Program Year 2006. 512 2. The form of said agreement, and any necessary amendments thereto, shall be approved by the City Attorney. A-I-rEST: Mary F. City Clerk APPROVED Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1" day of August, 2005. No. 37130-080105. AN ORDINANCE appropriating funds for the 8yrne Memorial Grant, amending and reordaining certain sections of the 2005-2006 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 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Publications & Subscriptions Revenues Byrne Grant FY06 Byrne Grant Local Match FY06 035-640-3456-2040 $ 38,287.00 035-640-3456-3456 28,715.00 035-640-3456-3457 9,572.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 513 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ist day of August, 2005. No. 37131-080105. A RESOLUTION authorizing the acceptance of a Crime Analysis Grant from the Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Department of Criminal Justice a Crime Analysis Grant in the amount of $28,715.00, with the City providing an additional $9,572.00 in local matching funds. Such grant being more particularly described in the letter of the City Manager to Council dated August 1, 2005. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the Crime Analysis Grant, approved as to form by the City Attorney, required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Department of Criminal Justice. APPROVED Al-rEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The Is' day of August, 2005. No. 37132-080105. AN ORDINANCE appropriating funds for the Urban and Community Forestry Grant, amending and reordaining certain sections of the 2005-2006 General and Grant Funds 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 2005-2006 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 514 General Fund Appropriations Temporary Wages Transfer to Crant Fund Crant Fund Appropriations Regular Employee Salaries FICA Medical Insurance Dental Insurance Disability Insurance Revenues Urban and Community Forestry Grant FY06 Urban and Community Forestry Grant Local Match FY06 001-620-4340-1004 001-250-9310-9535 035-620-4346-1002 035-620-4346-1120 035-620-4346-1125 035-620-4346-1126 035-620-4346-1131 035-620-4346-4347 035-620-4346-4348 $ (4,294.00) 4,294.00 14,559.00 1,296.00 1,770.00 117.00 52.00 13,500.00 4,294.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1" day of August, 2005. No. 37133-080105. A RESOLUTION accepting the Urban and Community Forestry Grant from the Virginia Department of Forestry, and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby accepts the Urban and Community Forestry Grant from the Virginia Department of Forestry in the amount of $13,500.00. 515 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements with the Virginia Department of Forestry, or any other party, for the City's acceptance of this grant, upon form approved by the City Attorney, as more particularly set forth in the City Manager's letter dated August 1, 2005, to this Council. City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1" day of August, 2005. No. 37134-080105. A RESOLUTION authorizing the acceptance of a subaward in the amount of $258,505.00 from Virginia Commonwealth University and authorizing the City Manager to execute a subaward agreement with Virginia Commonwealth University for such funds for local supervision and operation of the Virginia Institute for Social Service Training Activities ("VlSSTA") Piedmont Area Training Center, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The subaward from Virginia Commonwealth University for local supervision and operation of the VlSSTA Piedmont Area Training Center, in the amount of $258,505.00, as set forth in the City Manager's letter, dated August 1, 2005, to this Council is hereby ACCEPTED. 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these grant funds, and to furnish such additional information as may be required in connection with the City's acceptance of these subgrant funds. All documents shall be approved as to form by the City Attorney. APPROVED City Clerk C. Nelson Harris Mayor 516 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 1'' day of August, 2005. No. 37135-080105. A RESOLUTION authorizing the appropriate City officials to execute an Amendment No. I to the 2004-2005 Agreement with Community Housing Partners Corporation, Inc. ("CHPC") to conduct housing activities using Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") funds, upon certain terms and conditions. WHEREAS, by Resolution No. 36764-070604, adopted July 6, 2004, the Council of the City of Roanoke, Virginia, ("Council") authorized appropriate City Officials to enter into the 2004-2005 Agreement with CHPC to conduct certain housing activities using CDBG and HOME funds; and WHEREAS, by Resolution No. 37051-051005, adopted May 10, 2005, Council approved, among other purposes, additional funding for CHPC's activities. THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, an Amendment No. 1 to the 2004-2005 agreement with CHPC, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated August Z, 2005. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 1~' day of August, 2005. No. 37Z36-080105. A RESOLUTION authorizing the appropriate City officials to execute an Amendment No. i to the 2004-2005 Agreement with Blue Ridge Housing Development Corporation ("BRHDC") to conduct housing activities using Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") funds, upon certain terms and conditions. 517 WHEREAS, by Resolution No. 36867-100704, adopted October 7, 2004, the Council of the City of Roanoke, Virginia, ("Council") authorized appropriate City Officials to enter into the 2004-2005 Agreement with BRHDC to conduct certain housing activities using CDBG and HOME funds; and WHEREAS, by Resolution No. 36970-022205, adopted February 22, 2005, and by Resolution No. 37051-051005, adopted May 10, 2005, Council approved, among other purposes, additional funding for BRHDC's activities. THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, an Amendment No. 1 to the 2004-2005 agreement with BRHDC, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated August 1, 2005. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 1st day of August, 2005. No. 37137-080105. A RESOLUTION authorizing the appropriate City officials to execute an Amendment No. 1 to the 2004-2005 Agreement with the City of Roanoke Redevelopment and Housing Authority ("RRHA") to conduct housing activities using Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") funds, upon certain terms and conditions. WHEREAS, by Resolution No. 36838-090704, adopted September 7, 2004, the Council of the City of Roanoke, Virginia, ("Council") authorized appropriate City Officials to enter into the 2004-2005 Agreement with the RRHA to conduct certain housing activities using CDBG and HOME funds; and WHEREAS, by Resolution No. 37051-051005, adopted May 10, 2005, Council approved, among other purposes, additional funding for the RRHA's activities. 518 THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, an Amendment No. 1to the 2004-2005 agreement with the RRHA, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated August 1, 2005. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1s' day of August, 2005. No. 37138-080105. A RESOLUTION authorizing the City Manager to enter into the 2005-2006 Community Development Block Grant (CDBG) subgrant Agreement with the C2C Home, LLC, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that the City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, the 2005-2006 Agreement with C2C Home, LLC, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated August 1, 2005, to this Council. APPROVED ATTEST: Mary F. Pal'ker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The l'' day of August, 2005. No. 37139-080105. A RESOLUTION authorizing the City Manager to enter into the 2005-2006 Community Development Block Grant ("CDBG") subgrant Agreement with Total Action Against Poverty ("TAP"), upon certain terms and conditions. 519 BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk, are hereby authorized, for and on behalf of the City, to execute and attest, respectively, on behalf of the City, the 2005-2006 Community Development Block Grant (CDBG) subgrant Agreement with TAP, approved as to form by the City Attorney, within the limits of funds and for the purposes as more particularly set forth in the City Manager's letter dated August 1, 2005, to this Council. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1" day of August, 2005. No. 37140-080105. A RESOLUTION approving and authorizing the execution of the Blue Ridge Behavioral Healthcare FY 2006 Performance Contract, upon certain terms and conditions. WHEREAS, Section 37.1-194 of the Code of Virginia, 1950, as amended, requires every locality to establish a community service board to oversee the delivery of mental health, mental retardation and substance abuse services, and it is further required that the local governing body of a locality approve the Performance Contract; and WHEREAS, the City of Roanoke has established the Blue Ridge Behavioral Healthcare Board pursuant to this statutory provision. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The 2006 Performance Contract proposed to be entered into with the Blue Ridge Behavioral Healthcare Board, as more particularly set forth in the City Manager's letter dated August 1, 2005, to this Council, is hereby approved. 52O 2. The City Manager is hereby authorized to execute any and all requisite documents to enter into the Performance Contract with the Blue Ridge Behavioral Healthcare Board, subject to approval as to form by the City Attorney. APPROVED A'I-FEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The is' day of August, 2005. No. 37141-080105. AN ORDINANCE amending and reordaining §20-125, Definitions, and §20- 126, Restriction on keeping of inoperable motor vehicles, of Article VI, Keeping of Inoperable Motor Vehicles, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, in order to conform with state law, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 20-125, Definitions, of Article VI, Keepinq of Inoperable Motor Vehicles, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 20-125. Definitions. The following terms shall, for the purposes of this article, have the meanings set forth below: 521 Shielded or screened from view means not visible by someone standing at ground/eve/from outside of the property on which a subject vehicle is located. .... Racing ~ an inoperab/evehicle within an area completely enclosed ~ e/thera solid, rigid, opaque fence composed of standard fencing materials or t~y a landscaped arrangement of non-dedduous trees, sufficient in height, spacing, density and circumference to ensure precluding visibility of the subject vehicle by someone standing at ground level from outside of the property on wA/ch the subject vehicle is located shaH constitute shielding or screening from view the inoperable motor yeA/de in compliance with the f this t/de requirements o Ar . f,,~,,, all c~uja~.¢l,, ,u~¢,,, ~Zlm~:y=~zlmu ~. The placing, draping or securing of a tarpaulin or other nonrigid cover over or around an inoperable vehicle shall not be sufficient to comply with the requirements of this Article. 2. Section 20-126, Restriction on keepinq of inoperable motor vehicles, of Article VI, Keeping of Inoperable Motor Vehicles, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 20-126. Restriction on keeping of inoperable motor vehicles. (a) No person shah keep, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned or used for residential purposes, or on any property zoned for commercial or agricultural purposes, any motor vehicle, trailer or semitrailer which is inoperable; however, ¢tof-tttott~th~ one such vehicle may be kept outside a fully enclosed building or structure, provided that it is shielded or screened from view. (c) Notwithstanding any other provisions of this Art/c/e, if the owner of an inoperable motor vehicle can demonstrate that the owner is actively restoring or repairing the vehicle, and if it is shielded or screened from view, the vehicle and one additional inoperable motor vehicle which is a/so shielded or screened from view and which is being used for the restoration or repair may remain on the property. 522 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1,' day of August, 2005. No. 37142-080105. A RESOLUTION changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:00 Noon, on August 15, 2005. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The place of commencement of the meeting of CityCouncil scheduled to begin at 12:00 Noon on August 15, 2005, shall be in the Cafetorium, at the Roanoke Academy for Mathematics and Science (RAMS), located at 1616 19'h Street, N. W., with the 2:00 p.m. session on the same date to be held in City Council Chamber of the Noel C. Taylor Municipal Building, at 215 Church Avenue, S. W., in the City. 2. Resolution No. 37109-070505, adopted July 5, 2005, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and that it be advertised in a newspaper having general circulation in the City at least seven days prior to August 15, 2005. A'I-fEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor 523 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1" day of August, 2005. NO. 37143-080105. A RESOLUTION authorizing the City Manager to execute the Grant Agreement with the Virginia Employment Commission for Program Year 2005 in order for the City to continue as the grant recipient of funding for the Workforce Investment Act for Area 3; and repealing Resolution No. 37129-071805, adopted July 18, 2005. WHEREAS, the City of Roanoke is the grant recipient for Workforce Investment Act ("WlA") funding and City Council must appropriate funding for all grants and other monies received in order for the Western Virginia Workforce Development Board to administer WlA programs; WHEREAS, the Western Virginia Workforce Development Board administers the federally funded Workforce Investment Act for Area 3, which encompasses the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke, and the cities of Covington, Roanoke, and Salem; and WHEREAS, the Virginia Employment Commission is the recipient of such funding from the U. S. Department of Labor and has submitted a WlA agreement for the City of Roanoke to continue to be the grant recipient for WlA Area 3 for Program Year 2005, to be operated by the Western Virginia Workforce Development Board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the Grant Agreement with the Virginia Employment Commission for Program Year 2005. 2. The form of said agreement, and any necessary amendments thereto, shall be approved by the City Attorney. repealed. Resolution No. 37129-071805, adopted July 18, 2005, is hereby APPROVED A~-I-EST: Mary F. Parker City Clerk Mayor 524 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2005. No. 37144-081505. AN ORDINANCE to appropriate funding for the Scanning Project for the Clerk of the Circuit Court, amending and reordaining certain sections of the 2005-2006 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 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Employee Wages FICA Revenues Scanning Project-Clerk of Circuit Court 035-410-9620-1004 035-410-9620-1120 035-410-9620-9620 16,000.00 1,224.00 17,224.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15'h day of August, 2005. No. 37145-081505. AN ORDINANCE to appropriate funding for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the 2005-2006 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 525 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Regular Employee Salaries ICMA- Retirement ICMA Match FICA Medical Insurance Dental Insurance Disability Insurance Telephone Administrative Supplies Dues and Memberships Postage Training and Development Other Rental Revenues Regional Drug Prosecutor FYO6- Comp Board Regional Drug Prosecutor FY06- Local Match 035-150-5138-1002 035-150-5138-1105 035-150-5138-1115 035-150-5138-1120 035-150-5138-1125 035-150-5138-1126 035-150-5138-1131 035-150-5138-2020 035-150-5138-2030 035-150-5138-2042 035-150-5138-2160 035-150-5138-2044 035-150-5138-3075 035-150-5138-5113 035-150-5138-5114 78,251.00 10,031.00 1,300.00 6,086.00 7,080.00 469.00 20.00 2,000.00 3,257.00 400.00 500.00 1,000.00 9,000.00 91,494.00 27,900.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor 526 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2005. No. 37146-081505. A RESOLUTION authorizing the acceptance of funding for 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. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the funding for the regional drug prosecutor's office in the total amount of $91,494.00 from the Compensation Board of the Commonwealth of Virginia for the period of June 22, 2005 through June 30, 2006. 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 local share for Fiscal Year 2005-2006 shall be in the amount of $27,900.00. 4. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. Mary F. Parker City Clerk APPROVED Beverly T. Fitzpatrick, Jr. Vice-Mayor 527 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'h day of August, 2005. No. 37147-081505. AN ORDINANCE to establish the State Homeland Security Grant, amending and reordaining certain sections of the 2005-2006 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 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Supplies- Grant - Fire EMS Supplies- Grant - Police Revenues State Homeland Security FY06 035-520-3527-3032 035-520-3527-3033 035-520-3527-3528 $32,000.00 65,667.00 97,667.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITYOF ROANOKE, VIRGINIA, The 15'h day of August, 2005. No. 37148-0815. A RESOLUTION authorizing the acceptance of the 2005 U. S. Department of Homeland Security Grant from the Virginia Department of Emergency Management to obtain federal funds under the State Homeland Security Grant Program administered by the Office of Domestic Preparedness and authorizing the execution of any required documentation on behalf of the City. 528 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke, a public entity established under the laws of the Commonwealth of Virginia, does hereby authorize its City Manager to execute an application and file it in the appropriate state office for the purpose of obtaining certain federal financial assistance from the Virginia Department of Emergency Management, such grant being more particularly described in the letter of the City Manager dated August 15, 2005, upon all the terms, provisions and conditions relating to such application. 2. Following application and any award of the Grant, the City of Roanoke authorizes its City Manager to accept the Grant from the Virginia Department of Emergency Management in the amount of $97,667.00, upon all the terms, provisions and conditions relating to the receipt of such funds. 3. The City Manager and the City Clerk, are hereby authorized to execute, and attest, respectively, the grant application, the grant agreement, and any other necessary documents and to provide all documents or information to the appropriate agencies with regard to all matters pertaining to such Federal financial assistance and any and all information pertaining to this Grant as may be requested. All such documents to be approved as to form by the City Attorney. APPROVED Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'h day of August, 2005. No. 37149-081505. AN ORDINANCE appropriating funds for the DFP Computer Service Grant, amending and reordaining certain sections of the 2005-2006 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 529 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Program Supplies Revenues DFP Computer Service FY06 Grant 035-520-3250-2066 $ 5,772.00 035-520-3250-3250 5,772.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'" day of August, 2005. No. 37150-081505. A RESOLUTION authorizing the acceptance of a DFP Computer Services Grant from the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Fire Programs the DFP Computer Services Grant in the amount of $5,772.00, no local matching funds are required. Such grant being more particularly described in the letter of the City Manager, dated August 15, 2005. 53O 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the DFP Computer Services Grant, approved as to form by the City Attorney, required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Virginia Department of Fire Programs. ATTEST: Mary F. Parker City Clerk APPROVED Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2005. No. 37151-081505. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by adding a new Chapter 11.3, Stormwater Discharoe Requirements, providing requirements for the discharge of stormwater to the City of Roanoke's storm sewer system, prohibiting the discharge of non-stormwater to the City's storm sewer system, with certain exceptions, prohibiting the connection of any sanitary sewer line to the City's storm sewer system, and providing penalties for violation of this chapter; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, §10.1-603.3, Code of Virginia (1950), as amended, authorizes the City of Roanoke to adopt a local stormwater management program consistent with applicable regulations; the City's stormwater sewer system permit administered by the Virginia Department of Conservation and Recreation requires the adoption of provisions prohibiting certain discharges to a Iocality's storm sewer system and providing for enforcement of such prohibitions and of state law relating to such discharges; and the Charter of the City of Roanoke, Section 2 (31), authorizes the City to do those things necessary to promote or maintain the general welfare, comfort, and health of the City and its inhabitants; and 531 WHEREAS, City Council finds that it is necessary to provide for the health, safety, and general welfare of the inhabitants of the City of Roanoke through the regulation of non-stormwater discharges to the City's storm sewer system, as required by federal and state law and to provide for monitoring, inspection, and enforcement thereof. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to add a new Chapter 11.3, Stormwater Discharge Requirements, to read and provide as follows: CHAPTER 11.3 5TORMWA TER DISCHARGE REQUIREMENTS Secll.3-1. In General The City of Roanoke finds that the uncontrolled discharge of pollutants to the City's storm sewer system has an adverse impact on the water quality of the receiving waters. I/licit discharges of substances other than stormwater could result in a sign/f/cant source of pollutants to the City's storm sewer system. Amendments to the Federal Water Po#ut/on Control Act, commonly known as the Clean Water Act, established the National Pollutant Discharge Elimination System (NPDE$) Program, which requires permits for discharges from municipal storm sewer systems into the waters of the United States. The United States Environmental Protection Agency (EPA) has promulgated regulations implementing the NPDES program. Moreover, the EPA has authorized the Commonwealth of Virginia to issue NPDE5 permits under the Virginia Pollutant Discharge and Elimination System (VPDE$) permit system. The VPDES regulations for stormwater discharges requires certain municipalities, including the City of Roanoke, to control the contribution of pollutants to its storm sewer system, to prohibit illicit discharges to its storm sewer system, and to inspect, monitor, and enforce the prohibitions of illicit discharges to its storm sewer system. 532 5ec. 11.$-2. Intent and Purpose. The intent and purpose of this chapter is to promote the public health, safety, and welfare of persons in the City through the regulation of stormwater discharges to the City's storm sewer system and to prohibit the illicit discharge of non-stormwater to the City's storm sewer system, subject to certain exceptions. This chapter is a/so intended to prohibit illicit connections and illicit discharges to the City's storm sewer system, and to establish inspections and monitoring procedures to ensure compliance with this chapter. 5ec 11.3-3 Definitions. The following words and terms as used in this chapter shall have the following meanings, un/ess the context dearly indicates otherwise: Best Manaqement Practices (BMPs) means the schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce pollutants from entering the storm sewer system or being improperly discharged from the storm sewer system. BMPs include, but are not limited to, treatment methods and practices to control the discharge of pollutants. Clean Water Act (CWA) means the federal Clean Water Act (33 USC §1251, et seq.), formerly referred to as the Federal Water Pollution Control Act. D/rector means the City of Roanoke D/rector of Public Works or his/her designee. Discharqe means to dispose, deposit, spill, pour, inject, dump, pump, leak, or p/ace by any means, or that which is disposed, deposited, spilled, poured, injected, dumped, pumped, leaked, or placed by any means. Illicit Connection means any connections to the City's storm sewer system which are not authorized by the City, by a va/id NPDE$ or VPDE$ permit, or as may otherwise be authorized by law. 533 l/licit Oischarqe means any discharge to the storm sewer system or to the waters of the United States that is not composed entirely of stormwater, except discharges which are exempt pursuant to Section 11.3-4(b) of this chapter. Any discharge in violation of an iVPDES or VPDES or other stormwater discharge permit shaH constitute an i/licit discharge. industrial Wastes means any Hquid or wastes resulting from any process of industry, manufacture, trade or business, or from the development of any natural resource. Inspection shah mean and include, but is not limited to, any on- site physical examination oral/facilities and grounds which may discharge to a storm sewer system, a review of all records on the operation and maintenance of facilities and the results of any monitoring performed for compliance with state, federal, and local regulations or permit requirements. Landscapinq Chemicals means chemicals for maintaining lawns and landscapes including fertilizers, Hme, and pesticides which include herb/c/des, insecticides and fungicides, when used in accordance w/th the manufacturer's recommendations. NationaI Pollutant Discharqe Elimination System (NPDES) means the federa/ program for issuing, modifying, revoking, reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements under the CWA. Other Wastes means wastes that can adversely affect waters of the Un/ted States when discharged into those waters, including, but not Hmited to, sewage, garbage, refuse, i/me, fertilizer, ashes, offal, tar, paint, solvents, petroleum products, ant/freeze, pesticides, and chemicals. Person means any individual, firm, organization, partnership, association, organization or other entity, including governmental entities, or any combination thereof, or any agent or employee of any such entity. 534 Sanitary 5ewer means a system of pipes, conduits, or other devices that collect and/or convey sanitary wastewater to a wastewater treatment or pumping facility. Storm Sewer System means aH facilities, conveyances, structures, and other items located within the City of Roanoke and owned and/or operated by the City which are designed or used for collecting, storing, treating, or conveying stormwater or through which stormwater is collected, stored, treated, or conveyed, including, but not limited to, roads, streets, catch basins, drop inlets, curbs, gutters, ditches, pipes, lakes, ponds, man-made channels, storm drains, outfalls, retention, detention and infiltration basins and other facilities. Stormwater means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage. Virqinia PoHutant.Oischarqe Elimination System (VPDES) means the program issued by the Commonwealth of Virginia for imposing and enforcing pretreatment requirements pursuant to the CWA. Sec. 11.3-4 Prohibited Discharqes or Connections to the Storm Sewer System. (a) It shah be un/awful and a violation of this chapter to do any of the following, except as may be provided in subsection (b) be/ow: Cause or allow any illicit discharges, including but not limited to the discharge of sewage, industrial wastes or other wastes, into the storm sewer system, or any component thereof, or onto driveways, sidewalks, parking lots, or any other areas draining to the storm sewer system. 535 Connect, or cause or a/iow to be connected, any sanitary sewer to the storm sewer system, including any unauthorized sanitary sewer connected to the storm sewer system as of the date of the adoption of this chapter. Connect, or cause or a/iow to be connected, to the storm sewer system, without a va/id VPDES or NPDE$ perm/t, or un/ess otherwise author/zed by /aw, any structure that conveys any i/quid or/terns other than stormwater or those discharges/istedin subsection (b) be/ow. $uch i/licit connections include, but are not //m/ted to, pipes, drains, sanitary sewer lines, washing machine drains, or floor drains. Discharge any materials or items other than stormwater to the storm sewer system by spill, dumping, or disposal of any type without a va/id federal and/or state permit or un/ess otherwise author/zed by/aw. Throw, p/ace, or deposit or cause to be thrown, p/aced, or deposited in the storm sewer system anything that impedes or interferes with the free f/ow of stormwater therein. Failure by any property owner to notify the City of Roanoke Director of Public Works of an i/licit connection on or from such owner's property to the City's storm sewer system. V/o/ate any condition or provision of this chapter or any permit granted for stormwater discharges. To enter or swim in any storrnwater retention pond, storm sewer or drain, except that this shall not apply to any City personnel or others author/zed to perform work in such areas. 536 Subject to the provisions of subsection (c), the following activities shall not be un/awful or a violation of this chapter: (1) Water fine flushing; (2) Landscape irrigation; (3) Diverted stream flows or rising groundwater; (4) Infiltration of uncontaminated groundwater; (5) Pumping of uncontaminated groundwater; (6) Discharges from potable water sources, foundation drains, irrigation water, springs, water from crawl spaces or footing drains; (7) Air conditioning condensation; (8) Lawn watering and maintenance with landscaping chemicals in accordance with the manufacturer's recommendations; (g) Residential car washing; (10) Dechlorinated swimming pool discharge; (11) Street, right-of-way, and storm system construct/on/maintenance activities employing BMPs. (12) Discharges or flows from emergency fire fighting activities and emergency response activities employing BMPs; or (13) Any activity authorized by a valid Virginia 5tormwater Management Program permit (VSMP), a valid VPDES or NPDES permit or a va/id Virginia Pollution Abatement (VPA) permit, or as may otherwise be permitted by/aw. In the event any of the activities listed in subsection (b) above are found to cause pollutants to be discharged into the storm sewer system, the director shall so notify the person performing such activities, and shall order that such activities cease or be conducted in such a manner as to avoid the discharge of pollutants into the storm sewer system. The failure to comply with any such order shall constitute a violation of the provisions of this chapter. 537 Sec 11.3-5. Inspections and Monitoring. The director shah have the authority to carry out aH inspections and monitoring procedures necessary to determine compliance and/or noncompliance with this chapter, and to enforce this chapter, including the prohibition of i/licit discharges to the storm sewer system. The director may monitor stormwater outfa//s or other components of the storm sewer system as may be appropriate in the administration and enforcement of this chapter. The d/rector shah have the authority to require a stormwater pollution prevent/on p/an from any person whose discharges cause or may cause a violation of the City's (VSMP) permit or any other permit required of the City relating to stormwater discharges. The director and/or duly authorized employees, agents, or representatives of the City, bearing proper credentials and/dent/f/cation, shaH be authorized to enter any pub/ic or private property at any reasonable time for the purpose of enforcing this chapter, including, but not limited to taking samples of discharges, inspecting monitoring equipment, inspecting and copying documents relevant to the enforcement of this chapter, and such other/terns as may be deemed necessary for the enforcement of this chapter. The d/rector shah have the authority to require any person responsible for a discharge to the storm sewer system to document that such discharge meets and is in compliance with the requirements of this chapter. This includes, but is not limited to, the ability of the director to require such person to provide monitoring reports, test results to show that the discharge meets the requirements of this chapter, and such other matters as maybe deemed necessaryto showthat such discharge is in compliance with the requirements of this chapter. The cost of any required documentation shah be the responsibility of the person responsible for the discharge. 538 The failure of any person to comply with any of the requirements of this sect/on shaH constitute a violation of this chapter. 11.3-6. Enforcement of Chapter and Pena/ties. Any person who violates any of the provisions of this chapter shah be guilty of a Class I misdemeanor and upon conviction is subject to punishment by a fine of not more than two thousand five hundred dollars ($2, 500. 00) per v/o/aNon per day and confinement in jail for not more than twelve (12) months, either or both. Each day during which a v/o/at/on of this chapter occurs or continues shaH be deemed a separate and distinct violation of this chapter. Any person who commits any of the acts prohibited by this chapter or violates any of the provisions of this chapter shaH be i/able to the City for aH costs of testing, containment, cleanup, abatement, removal, disposal, and any other related costs or expenses that the City may incur in connection with the enforcement of this chapter and/or the prohibition and/or correction ora violation of this chapter and/or the abatement of any illicit discharge to the storm sewer system. The d/rector may bring legal action to enjoin a v/o/at/on of this chapter and the existence of any other remedy shaH be no defense to any such action. In addition to any of the remedies set forth above, the d/rector may seek to impose, or have imposed by the appropriate authority, any of the remedies provided for by§10.1-603.14, Code of Virginia (1950), as amended, which are incorporated herein by reference. In any court act/on that may result from enforcement of this chapter, a judge hearing the case may direct the person responsible for the violation or the property owner to correct the v/o/at/on and each day that the violation continues shah constitute a separate violation of this chapter. 539 Any person who knowingly makes any false statements, representations, or certifications in any record, report, or other document, either filed or requested pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required or used by the director under this chapter in monitoring discharges, shah be guilty of a violation of this chapter. The remedies set forth in this section shall be cumulative, not exclusive, and it shah be no defense to any action that one or more of the remedies set forth in .this section has been sought or granted. Sec. 11.3-7. Compliance with other La~)s and Requlations. This chapter supplements the provisions of other federal, state, and City laws, codes, ordinances, rules, and regulations and aH applicable federal, state, and City laws, codes, ordinances, rules, and regulations shah be complied with as well as the provisions of this chapter. 2. This ordinance shall, be in full force and effect on and after September 1, 2005. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of August, 2005. No. 37152-081505. AN ORDINANCE amending and reordaining Ordinance No. 36226-020303; and dispensing with the second reading by title of this ordinance. 540 WHEREAS, by adopting Ordinance No. 36226-020303, on February 3, 2003, City Council intended to permanently vacate, discontinue and close a certain alley running from 5'h Street to 6'h Street, N.W., between Loudon and Centre Avenues, N.W., as well as an alley extending in a southerly direction from Loudon Avenue, N.W., to the aforesaid alley, lying between Official Tax Nos. 2013109 through 2013114, inclusive; WHEREAS, Ordinance No. 36226-020303 provided that it would be null and void, with no further action by City Council being necessary, ifa plat of subdivision implementing the ordinance were not recorded within twelve months of the date of adoption of the ordinance; WHEREAS, Ordinance No. 36226-020303, became null and void, by its terms, when a plat of subdivision was not recorded within twelve months after the adoption of the ordinance; and WHEREAS, an extension of time in which the plat of subdivision can be recorded after adoption of the ordinance to thirty-six months, will effectuate the purpose of Ordinance No. 36226-020303; 'THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the next to last paragraph of Ordinance No. 36226-020303 be amended to read and provide as follows, and that such ordinance be reordained as amended; BE IT FURTHER ORDAINED that if the above conditions have not been met · within thirty-six (36) months 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. BE IT FURTHER ORDAINED that the applicant shall record a certified copy of this ordinance along with the copy of Ordinance No. 36226-020303 that is to be recorded with the Clerk of the Circuit Court. BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Beverly T. Fitzpatrick, Jr. Vice-Mayor 541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15~h day of August, 2005. No. 37153-081505. AN ORDINANCE amending Article IX, City Treasurer, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, by the addition of a new §2-206, Authority to reduce or waive interest and penalty payments, in order to grant to the Treasurer of the City of Roanoke the power to waive certain penalties and interest when, in the Treasurer's discretion it is just and proper; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Article IX, City Treasurer, of Chapter2, Administration, of the Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of a new §2-206, Authority to reduce or waive interest and penalty payments, in order to grant to the Treasurer of the City of Roanoke the power to waive certain penalties and interest with regard to payments owed the City which have not been paid in a timely fashion, when, in the Treasurer's discretion it is just and proper, and such section shall read and provide as follows: 2-206. A uthority to reduce or waive interest and penalty payments. The treasurer, when in the treasurer's discretion it is just and proper, may accept interest or penalty payments at a rate less than that prescribed by this Code or may waive such interest or penalty payments for failure to pay in a timely fashion any of the following obligations: (1) Assessments against owners of abutting property for public irnprovernents. (2) Charges levied against landowners for failure to remove noxious weeds or for removal of buildings, wa/is or other structures which might endanger the pub/lc health and safety. 542 City taxes. (4) Other fees and charges owed the city. In each instance the treasurer waives such penalty and interest, the treasurer sha// document in writing, to be kept on fi/e, the reason for such waiver. 3. Pursuant to Chapter 12 of the Roanoke Charter, the second reading by title paragraph is hereby dispensed with. APPROVED ATTEST: Mary F. ParEer City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15~h day of August, 2005. No. 37154-081505. A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking bond financing in an amount estimated not to exceed $1,200,000.00 to finance certain capital improvements to Fallon Park Elementary School, previously approved pursuant to Resolutions No. 36547-111703 and No. 36548-111703, adopted by the Council at its November 17, 2003, meeting. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized and directed to file an application with the Virginia Public School Authority for bond financing in an amount estimated not to exceed $1,200,000.00 (the "Bonds") to finance capital improvements at Fallon Park Elementary School. 543 2. The City Clerk is hereby authorized and directed to publish in accordance with applicable law a public notice of public hearing in connection with the proposed Bonds to be held on September ].9, 2005. 3.The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on August ].5, 2005, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting on the foregoing resolution was as follows: C. Nelson Harris, Mayor Beverly T. Fitzpatrick, Jr., Vice Mayor M. Rupert Cutler Alfred T. Dowe, Jr. Sherman P. Lea Brenda L. McDaniel Brian J. Wishneff Present Absent X × Aye Nay Abstain X X X X X X X X X X X WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this 1~5 day of August, 2005. Clerk, City of Roanoke, Virginia A-I-I'EST: Mary F. City Clerk APPROVED Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'h day of August, 2005. No. 37155-081505. A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking bond financing in an amount estimated not to exceed $3,850,000.00 to finance certain capital 544 improvements to Westside Elementary School, previously approved pursuant to Resolutions No. 36922-122004 and No. 36923-122004, adopted by the Council at its December 20, 2004, meeting. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized and directed to file an application with the Virginia Public School Authority for bond financing in an amount estimated not to exceed $3,850,000.00 (the "Bonds") to finance capital improvements at Westside Elementary School. 2. The City Clerk is hereby authorized and directed to publish in accordance with applicable law a public notice of public hearing in connection with the proposed Bonds to be held on September 19, 2005. 3. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes ora meeting of the City Council held on August 15, 2005, and ofthe whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting on the foregoing resolution was as follows: C. Nelson Harris, Mayor Beverly T. Fitzpatrick, Jr., Vice Mayor M. Rupert Cutler Alfred T. Dowe, Jr. Sherman P. Lea Brenda L. McDaniel Brian J. Wishneff Present Absent X X Aye Nay Abstain X X X X X X X X X X X WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this 15 day of August, 2005. Clerk, City of Roanoke, Virginia APPROVED Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor 545 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'" day of August, 2005. No. 37156-081505. AN ORDINANCE to appropriate funding for the 2004-05 Title I Winter Program, Regional Adult Education Specialist 2005-06, and Thurman Foundation Homeless Child Mentoring Project, amending and reordaining certain sections of the 2005-2006 School 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 2005-2006 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Elementary Teachers Regional Education Specialist Clerical Social Security Communications Supplies Mentor Social Security Travel Expenses Mentoring Activities Supplies Revenues Federal Grant Receipts State Grant Receipts Donation 030-061-6120-6000-0121 030-062-6786-6351-0124 030-062-6786-6351-0151 030-062-6786-6351-0201 030-062-6786-6351-0523 030-062-6786-6351-0614 030-063-6887-6100-0129 030-063-6887-6100-0201 030-063-6887-6100-0554 030-063-6887-6100-0586 030-063-6887-6100-0614 030-061-6120-1102 030-062-6786-1100 030-063-6887-1103 $ 2,143.00 11,842.00 3,000.00 1,751.00 (693.00) (9OO.OO) 6,225.00 475.00 1,650.00 430.00 220.00 2,143.00 15,000.00 9,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Al-rEST: Mary F. Parker City Clerk APPROVED Beverly T. Fitzpatrick, Jr. Vice-Mayor 546 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'h day of August, 2005. No. 37157-081505. AN ORDINANCE to amend .~a36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone Map, City of Roanoke, by amending certain conditions presently binding upon certain property previously conditionally zoned LM, Light Manufacturing District; and dispensing with the second reading by title of this ordinance. WHEREAS, Roanoke Investments Associated, Inc. has made application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located at 3361 Melrose Avenue, N.W., being designated as Official Tax No. 2660519, which property was previously rezoned LM, Light Manufacturing, with proffers, by the adoption of Ordinance No. 29906, adopted January 16, 1990; WHEREAS, Roanoke Investments Associated, Inc. seeks to have the subject property zoned C-2, General Commercial District, with proffers as set forthjn the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on July 27, 2005. WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 15, 2005, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon a tract of land located at 3361 Melrose Avenue, N.W., being designated as Official Tax No. 2660519, should be amended as requested, so that the property is zoned C-2, General Commercial District, with proffers as set forth in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on July 27, 2005. 547 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 266 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on July 27, 2005, and as set forth in the report of the Planning Commission dated August 15, 2005, so that the subject property is zoned C-2, General Commercial District, with proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'I-rEST: Marg F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'h day of August, 2005. No. 37158-081505. AN ORDINANCE~o amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 129, Sectional 1976 Zone Map, City of Roanoke, by amending certain conditions presently binding upon certain property previously conditionally rezoned RPUD, Residential Planned Unit Development District; and dispensing with the second reading by title of this ordinance. WHEREAS, Boone Homes, Inc., of Roanoke has made application to the Council of the City of Roanoke to amend certain conditions presently binding upon a 10.224 acre tract of land located on Franklin Road, S.W., being designated as Official Tax No. :[290175, which property was previously rezoned by the adoption of Ordinance No. 32777-121895, adopted December 18, 1995, Ordinance No. 34406-080299, adopted August 2, 1999, and Ordinance No. 35152, adopted December 4, 2000; 548 WHEREAS, Boone Homes, Inc., of Roanoke seeks to have the subject property zoned RPUD, Residential Planned Unit Development District, with proffers amended from those accepted by City Council in Ordinance No. 35152, adopted December 4, 2000; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 15, 2005, after due and timely noticethereofas required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon a tract of land located on Franklin Road, S.W., being designated as Official Tax No. 1290175, which property was previously rezoned by the adoption of Ordinance No. 34406-080299, adopted August 2, 1999, Ordinance No. 32777-121895, adopted December :~8, 1995, and Ordinance No. 35152, adopted December 4, 2000, should be amended, and that such property be zoned RPUD, Residential Planned Unit Development District, with proffers as set forth in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on August 1, 2005. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 129 of the Sectional ].976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on August 1, 2005, and as set forth in the report of the Planning Commission dated August 15, 2005, so that the subject property is zoned RPUD, Residential Planned Unit Development District, with such proffers. 549 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Aq-fEST: Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'h day of August, 2005. No. 37159-081505. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 547 and 548, Sectional 1976 Zone Map, City of Roanoke, by amending certain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District, by Ordinance No. 33759-040698, and placing such proffers on certain other property zoned C-2, General Commercial District; and dispensing with the second reading by title of this ordinance. WHEREAS, Faison-Southern Lane, LLC and Save-X 2, LLC have made application to the Council of the City of Roanoke to amend certain conditions presently binding upon Official Tax Nos. 5470115, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109, 5470110, 5480701 and 5480704, which property was previously rezoned by the adoption of Ordinance No. 33759-040698, adopted April 6, 1998; WHEREAS, Faison-Southern Lane, LLC and Save-X 2, LLC seek to have the subject property zoned C-2, General Commercial District, with proffers amended from those accepted by City Council in Ordinance No. 33759-040698, adopted April 6, 1998; 550 WHEREAS, Faison-Southern Lane, LLC and Save-X 2, LLC seek to have the proffered conditions which they seek to have applied to the above-referenced parcels of property apply to Official Tax Nos. 5470104, 5470103, 5470102, 5480717 and 5480718, which are zoned C-2, General Commercial District, WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 15, 2005, after due and timely noticethereofas required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now :binding upon Official 'fax Nos. 5470115, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109, 5470110, 5480701 and 5480704, which property was previously rezoned C-2, General Commercial District, with proffers, by the adoption of Ordinance No.33759-040698, adopted April 6, 1998, should be amended, and Official Tax Nos. 5470104, 5470103, 5470102, 5480717 and 5480718, zoned C-2, General Commercial District, should be rezoned to C-2, General Commercial District, with proffers, as set forth in the Third Amended Petition to Amend Proffers filed in the City Clerk's Office on July 29, 2005. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 547 and 548 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect that Official Tax Nos. 5470115, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109, 5470110, 5480701, 5480704, 5470104, 5470103, 5470102, 5480718 and 5480717 be rezoned C-2, General Commercial District, with proffers as set forth in the Third Amended Petition to Amend Proffers filed in the City Clerk's Office on July 29, 2005, and as set forth in the report of the Planning Commission dated August 15, 2005, so that the subject property is zoned C-2, General Commercial District, with such proffers. 551 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2005. No. 37160-081505. AN ORDINANCE permanently vacating, discontinuing and closing a certain public rights-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance. WHEREAS, Faison-Southern Lane, LLC and Save-X 2, LLC filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public rights-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 the City Council on August 15, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; 552 WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public rights-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public rights-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of Southern Hills Drive, S.W., and Southern Lane, S.W., containing 1.331 acres, as more particularly described on the Subdivision, Vacation, Combination and Dedication Plat for Faison- Southern Lane, LLC and Save-X 2, LLC Showing the Vacation of a Portion of Southern Hills Drive, S.W. and Southern Lane, S.W. Containing 1.331 AC. and Creating Tract A (10.539 Ac.), Tract B (1.778 Ac.) and Tract C (0.593 Ac.) and Dedication 1.256 Ac. to the City of Roanoke for Street Purposes by Mattern & Craig, Inc., dated June 1, 2005, a copy of which is on file in the Office of the City Clerk be, and are hereby permanently vacated, discontinued and closed, and that all rights and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the rights-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public rights-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, shrubbe~, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public rights-of-way of any such municipal installation or other utility or facility by the owner thereof. 553 BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the rights-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the rights-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 Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the portion of the twenty-five (25) foot drainage easement shown on the Subdivision, Vacation, Combination and Dedication Plat dated June 1, 2005, referenced above, is not demonstrated by the applicant to the satisfaction of the Agent to be public, the applicant shall record a deed of release for the vacation of a .032 acre drainage easement as shown on the preliminary plat submitted by the petitioner. This deed of release must be approved by the City of Roanoke, and will be referenced on the final plat when it is recorded with the Clerk of the Circuit Court of the City of Roanoke, Virginia. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. 554 BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'h day of August, 2005. No. 37161-081505. AN ORDINANCE exempting from real estate and personal property taxation certain property located in the City of Roanoke of the Star City Gospel Cafe, Inc., an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, the Star City Gospel Cafe, Inc., (hereinafter "the Applicant"), has petitioned this Council to exempt certain real property and personal property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on August 15, 2005; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; 555 WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 3060505, commonly known as 926 Indiana Avenue, N.E., (the "Property"), and owned by the Applicant, and the Applicant's personal property, shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: :1. Council classifies and designates the Star City Gospel Cafe, Inc., as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 3060505, commonly known as 926 Indiana Avenue, N.E., and owned by the Applicant, and the Applicant's personal property, which property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. This Ordinance shall be in full force and effect on January 1, 2006, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Thomas C. Driver, President of the Star City Gospel Cafe, Inc. 5'56 ordinance by title is hereby dispensed with. Pursuant to Section 12 of the City Charter, the second reading of this this ATTEST: City Clerk. ACCEPTED, AGREED TO AND EXECUTED by the Star City Gospel Cafe, Inc., __ day of ,2005. THE STAR CITY GOSPEL CAFI~, INC. By (SEAL) Thomas C. Driver, President APPROVED A'I-I'EST: Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'h day of August, 2005. No. 37162-081505. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance. WHEREAS, the City of Roanoke filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; 557 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 the City Council on August 15, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (].979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of Salem Avenue, S.W., extending from the western property line of Official Tax No. ].010107 in a westerly direction approximately 61 feet across a portion of Official Tax No. 1010106, for a total area of approximately 768.7 square feet be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke 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, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above- described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. 558 BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that 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 Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified .copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor 559 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2005. No. 37163-081505. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a 0.449 acre parcel of City-owned property known as Parcel l-A, bearing Official Tax No. 1010107, located on Salem Avenue, S.W. to the Times World Corporation in exchange for a 0.422 acre parcel bearing Official Tax No.1010829, located on Campbell Avenue, S.W., for deve.lopment of a downtown parking garage, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on-August 15, 2005, pursuant to §§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 said conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of a 0.449 acre parcel of City-owned property known as Parcel l-A, bearing Official Tax No. 1010107, located on Salem Avenue, S.W., to the Times World Corporation in exchange for a 0.422 acre parcel located on Campbell Avenue, S.W., bearing Official Tax No. 1010829, for development of a downtown parking garage, upon certain terms and conditions and as more particularly described in the City Manager's letter and attachments thereto, to this Council dated August 15, 2005. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'I-fEST: Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor 560 THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'~ day of August, 2005. No. 37164-08150. AN ORDINANCE authorizing the City Manager to enter into an agreement with Carillon Biomedical Institute for the lease of approximately 6,800 square feet of office space located at the Church Avenue Parking Garage, 111-117 Church Avenue, for a period of one year, beginning September 1, 2005, through August 31, 2006, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on August 15, 2005, pursuant to §§15.2-1800(B) and 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: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, an agreement with Carillon Biomedical Institute ("CBI"), for the lease of approximately 6,800 square feet of office space at the Church Avenue Parking Garage, at 111-117 Church Avenue, for a period of one year, beginning September 1, 2005, through August 31, 2006, at rate of $7.50 per square foot, including parking permits in the Church Avenue Parking Garage to be available to CBI employees at the rate of $29.00 per month, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated August 15, 2005. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker Beverly T. Fitzpatrick, Jr. City Clerk Vice-Mayor 561 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15t" day of August, 2005. No. 37165-081505. AN ORDINANCE authorizing the granting of an above-ground forty-foot (40') wide by three hundred ten foot (310') long easement on City-owned property, identified by Official Tax Nos. 4250102R and 4250105R, to Appalachian Power Company d/b/a American Electric Power ("AEP"), for the purpose of relocating existing overhead power lines and related facilities in connection with the Roanoke River Flood Reduction Project, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on August 15, 2005, pursuant to §§15.2-1800(B) and 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 that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary document granting an above-ground forty foot (40') wide by three hundred ten foot (310') long easement on City-owned property, identified by Official Tax Nos. 4250102R and 4250105R, to Appalachian Power Company d/b/a American Electric Power, for the purpose of relocating existing overhead power lines and related facilities in connection with the Roanoke River Flood Reduction Project, upon certain terms and conditions, as more fully described in a letter of the City Manager to City Council dated August 15, 2005. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'I-fEST: Ma~ F. pa~rk~r~'' -~-~- ' City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor 562 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 2005. No. 37166-090605. AN ORDINANCE authorizing the lease of 17,253 usable (19,841 rentable) square feet of office and related space located within City-owned property known as the Commonwealth Building for a term of up to ten years subject to a provision whereby either party may terminate the lease after five years, without cause, upon two years written notice; authorizing the appropriate City officials to execute a Lease Agreement therefore; and dispensing with the second reading of this ordinance by title. WHEREAS, the City has, by advertisement published once a week for two consecutive weeks in a paper of general circulation published in the City, publicly invited bids for the award of a lease agreement for 17,253 usable (19,841 rentable) square feet of office space located inside the Commonwealth Building located at 220 Church Avenue, SW, Roanoke, VA, 24011 ("Property@); WHEREAS, one bid for the lease extension was received and publicly opened at the Council meeting held on September 6, 2005; WHEREAS, the bid of the United States of America - General Services Administration, to be awarded the lease of certain space located in the Property for a term of up to ten years, subject to a provision whereby either party may terminate the lease after five years, without cause, upon two years written notice, was publicly opened at the Council meeting on September 6, 2005; WHEREAS, at such Council meeting, a public hearing was held at which all persons were accorded a full and fair opportunity to comment with respect to the proposed lease of office space; and WHEREAS, Council found the bid of the United States of America - General Services Administration was the highest and most responsive bid made to the City for such office space, and Council is desirous of accepting this bid. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 563 1. The bid of the United States of America - General Services Administration, to lease from the City 17, 253 usable (19,841 rentable) square feet of space located in the Commonwealth Building, lying at 220 Church Avenue, S.W., 24011, for a term of up to ten years subject to a provision whereby either party may terminate the agreement without cause after the first five years and upon two years written notice, for use as office space, commencing on April 1, 2005, or as soon as all legal requirements have been met, for an annual rental fee of $254,280.00 for each of the first five years and $224,289.00 for each of the remaining five years, is hereby ACCEPTED. 2. The City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute a lease agreement between the City and the United States of America - General Services Administration for the Property, and to be in a form approved by the City Attorney. The Lease Agreement shall be for a term of up to ten years, subject to a provision whereby either party may terminate the lease without cause after the first five years and upon two years written notice, commencing on April 1, 2005, or as soon as all legal requirements have been met, for an annual rental fee of $254,280.00 for each of the first five years and $224,289.00 for each of the remaining five years. 3. Any other bids received for this project are hereby REJECTED, and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for such bids. 4. The City Manager is further authorized to file such further action and/or execute such further documents as may be necessary to implement and administer such agreement. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A~-I'EST: Mary F. Parker City Clerk C. Nelson Harris Mayor 564 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 2005. No. 37167-090605. AN ORDINANCE to appropriate funding for the Victim Witness Program Grant, amending and reordaining certain sections of the 2005-2006 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 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement ICMA Retirement ICMA Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Telephone Administrative Supplies Dues and Memberships Training and Development Business Meals and Travel Postage Management Services Revenues Victim Witness FY06 - State Victim Witness FY06 - Local Match 035-150-5129-1002 035-150-5129-1105 035-150-5129-1115 035-150-5129-1116 035-150-5129-1120 035-150-5129-1125 035-150-5129-1126 035-150-5129-1130 035-150-5129-1131 035-150-5129-2020 035-150-5129-2030 035-150-5129-2042 035-150-5129-2044 035-150-5129-2144 035-150-5129-2160 035-150-5129-7015 035-150-5129-5130 035-150-5129-5131 $ 97,177.00 7,019.00 3,020.00 1,950.00 9,155.00 11,754.00 767.00 1,064.00 261.00 1,800.00 1,000.00 75.00 2,763.00 1,018.00 1,620.00 345.00 115,117.00 25,671.00 565 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A-I-rEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of September, 2005. No. 37168-090605. A RESOLUTION authorizing the acceptance of a Victim/Witness Assistance Program grant from the Commonwealth of Virginia Department of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Commonwealth of Virginia Department of Criminal Justice Services the Victim/Witness Assistance Program grant in the amount of $115,117.00 for Fiscal Year 2005-2006. Such grant being more particularly described in the letter of the City Manager to Council dated September 6, 2005. The local cash match for Fiscal Year 2005-2006 shall be in the amount of $25,671.00. 3. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 566 4. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the acceptance of the foregoing grant or with such project. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of September, 2005. No. 37169-090605. AN ORDINANCE to establish the Edward Byrne Memorial Justice Assistance Grant, amending and reordaining certain sections of the 2005-2006 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 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime FICA Fees for Professional Services Expendable Equipment Revenues Justice Assistance FY06 035-640-3620-1003 035-640-3620-1120 035-640-3620-2010 035-640-3620-2035 035-640-3620-3620 $ 92,894.00 7,106.00 1,050.00 9,960.00 111,010.00 567 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'I-I-EST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6'h day of September, 2005. No. 37170-090605. A RESOLUTION authorizing the acceptance of a Edward Byrne Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the U.S. Department of Justice the Edward Byrne Memorial Justice Assistance Grant in the amount of $111,010.00, no local matching funds are required. Such grant being more particularly described in the letter of the City Manager to Council, dated September 6, 2005. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the Edward Byrne Memorial Justice Assistance Grant, approved as to form by the City Attorney, required in connection with the acceptance of such grant and to furnish such additional information as may be required by the U.S. Department of Justice. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 568 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6~" day of September, 2005. No. 37171-090605. AN ORDINANCE to establish the Buffer Zone Protection Grant, amending and reordaining certain sections of the 2005-2006 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 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment Furniture and Equipment Revenues Buffer Zone Protection FY06 035-640-3618-2035 $ 72,152.00 035-640-3618-9015 27,848.00 035-640-3618-3618 100,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'I-rEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 569 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of September, 2005. No. 37172-090605. A RESOLUTION authorizing the acceptance of a Buffer Zone Protection Program Grant from the Department of Homeland Security, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Department of Homeland Security the Buffer Zone Protection Program Grant in the amount of $100,000.00, no local matching funds are required. Such grant being more particularly described in the letter of the City Manager to Council, dated September 6, 2005. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the Buffer Zone Protection Program Grant, approved as to form by the City Attorney, required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Department of Homeland Security. APPROVED A~-I-EST: Mary F. Parker C. Nelson Harris City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of September, 2005. No. 37173-090605. AN ORDINANCE to transfer funding from the Roanoke River Flood Reduction Project and from the Capital Improvement Reserve to the Fire/EMS Administration Facility Improvement Project, amending and reordaining certain sections of the 2005-2006 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. 57O BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Capital Project Contingency Appropriated from General Revenue 008-056-9620-9003 008-530-9575-9220 008-530-9678-9003 (589,235.00) (83,416.00) 672,651.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'I-fEST: City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of September, 2005. No. 37174-090605. A RESOLUTION approving the extension of an agreement between JDR ART, Inc. and the City of Roanoke for acceptance and donation of a work of sculpture to be known as the Unity sculpture, for a period of twelve (12) months. WHEREAS, Resolution No. 36859-092004, adopted September 20, 2004, authorized the execution of an agreement between the parties dated September 17, 2004, which provided that the sculpture was to be completed within twelve months from the date of the Agreement; 571 WHEREAS, this agreement contained a provision that City Council could extend the deadline of this agreement by not more than an additional twelve (12) months; and WHEREAS, JDR ART, Inc., has requested that the time of performance of the agreement be extended by twelve (12) months. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the time of performance of the agreement by and between the City of Roanoke and JDR ART, Inc., dated September 17, 2004, is hereby extended for a period of twelve (12) months, until September 17, 2006. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of September, 2005. No. 37175-090605. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Business Session of the Virginia Municipal League to be held during the League's 2005 Annual Conference scheduled for October 23-25, 2005, in Richmond, Virginia, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, The Honorable Beverly T. Fitzpatrick, Jr., Council Member, is hereby designated Voting Delegate, and The Honorable Sherman P. Lea, Council Member, is hereby designated Alternate Voting Delegate. 572 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 2005 Annual Conference, Darlene L. Burcham, shall be designated Staff Assistant. 3. Mary F. Parker, City Clerk, is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate, Alternate Voting Delegate and Staff Assistant and to forward such forms to the League. APPROVED ATTEST: City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of September, 2005. No. 37176-090605. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the National League of Cities Conference to be held on Saturday, December 10, 2005, in Charlotte, North Carolina, and any Business Meetings in connection with such Conference, The Honorable Sherman Lea, Council Member, is hereby designated Voting Delegate, and The Honorable Alfred Dowe, Council Member, is hereby designated Alternate Voting Delegate on behalf of the City of Roanoke, Virginia. 573 2. Mary F. Parker, City Clerk, is directed to take any action required by the National League of Cities with respect to certification of the City's official Voting Delegate and Alternate Voting Delegate. APPROVED Mary~F.~. p~aParke? City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of September, 2005. No. 37177-090605. A RESOLUTION changing the time of commencement of the regular meeting of City Council scheduled to be held at 12:00 Noon on Monday, September 19, 2005. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The time of commencement of the meeting of City Council scheduled to begin at 12:00 noon on Monday, September 19, 2005, is changed to commence at 2:00 p.m. on that date in the City Council Chambers of the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., in the City. 2. Resolution No. 37109-070505, adopted July 7, 2005, establishing the meeting schedule of City Council for FY 2005-2006, is hereby amended to the extent it is inconsistent with this resolution. 574 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chamber and inserted in a newspaper having general circulation in the City at least seven days prior to September 19, 2005. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2005. No. 37178-09i905. A RESOLUTION memorializing the late Corinne Beasley Gott, a former city Social Worker and Superintendent of Roanoke's Department of Social Services for 30 years. WHEREAS, the members of Council learned with sorrow of the passing of Ms. Gott on Thursday, July 7, 2005; WHEREAS, Ms. Gott grew up in Lynchburg, Virginia, and graduated from Lynchburg College with a degree in social work; WHEREAS, Ms. Gott began her service with the City of Roanoke in 1950 as a Social Worker; WHEREAS, Ms. Gott married Steve Gott in 1956 and was the mother of three girls--Nancy, Lou Ann, and Jayne; WHEREAS, Ms. Gott designed projects to help Iow-income children attend school; WHEREAS, Ms. Gott served on a number of committees aimed at setting guidelines for helping families leave welfare; 575 WHEREAS, Ms. Gott was the chairwoman of the Social Ministry Committee of Christ Evangelical Lutheran Church for 10 years; WHEREAS, Ms. Gott is remembered as someone with compassion, a sense of justice, empathy, and the willingness to say what might not be popular in order to champion the needs of people living in poverty; WHEREAS, during her 30-year tenure as Superintendent, Ms. Gott aided in the growth of the Roanoke Social Services Department and saw it increase in size from 69 staff members to almost 200, with an $18 million budget; WHEREAS, Ms. Gott, upon her retirement in 2000, was the recipient of the Noel C. Taylor Humanitarian Award from Total Action Against Poverty in Roanoke Valley, and received numerous other awards and citations, as she gave her time and talent to many community and civic organizations; WHEREAS, Ms. Gott, who retired in 2000, was the longest-serving member of any Social Services Department in the Commonwealth of Virginia; and WHEREAS, Ms. Gott was an advocate for the disadvantaged, respected the dignity of each person regardless of their socio-economic level, and dedicated her life to trying to make things better for the citizens of Roanoke who needed services. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Corinne Beasley Gott, and extends to her family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Ms. Gott's daughters, Nancy Baugh of Richmond, Virginia; and to Lou Ann Gott and Jayne Harmon, of Roanoke, Virginia. APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor 576 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of September, 2005. No. 37179-091905. A RESOLUTION memorializing the late Warren E. Trent, former Coordinator of Emergency Services for the City of Roanoke. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Trent on Monday, August 1, 2005; WHEREAS, Mr. Trent began working for the City in 1962 and gave 28 years of service to the citizens of Roanoke; WHEREAS, Mr. Trent was a Mason and a Shriner; WHEREAS, during his career as a public servant, Mr. Trent played key roles in designing emergency response systems linking together fire, rescue, police, and hospitals in ways that would provide the fastest, most effective response to any disaster resulting in mass casualties; WHEREAS, at the height of the Cold War, Mr. Trent helped set up fallout shelters and plan evacuation routes for the City of Roanoke in case of nuclear attack; WHEREAS, Mr. Trent was instrumental in designing the Emergency Command Center, located on the first floor of the Roanoke Courthouse, from which the Governor, as well as State and local government officials could continue to function as a working unit should disaster strike; WHEREAS, Mr. Trent, a founding member of the Roanoke Lifesaving Crew, one of the first volunteer rescue squads in the nation, later helped organize the Williamson Road Lifesaving Crew where he served for 25 years, 12 of those as captain; WHEREAS, in August 1990, the Executive Committee of the Virginia Emergency Management Association created "The Warren E. Trent Award for Outstanding Achievement in Emergency Management," recognized by this AssOciation as the highest honor that could be bestowed on a local official; 577 WHEREAS, Mr. Trent was a loving husband to his wife of 56 years, Jean, and a devoted father to his son, Alan; and WHEREAS, Mr. Trent also enjoyed hunting and fishing. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Warren E. Trent, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Trent's widow, Jean Trent of Roanoke, Virginia. APPROVED A-I-rEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2005. No. 37180-091905. AN ORDINANCE to appropriate funding for the Medicaid Eligibility Worker position, amending and reordaining certain sections of the 2005-2006 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 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 578 Appropriations Regular Employee Salaries City Retirement ICMA Match FICA Health Insurance Dental Insurance Disability Insurance Revenues Eligibility Worker FY06 - State Eligibility Worker FY06 - Federal 035-630-5185-1102 $ 29,742.00 035-630-5185-1105 3,833.00 035-630-5185-1115 650.00 035-630-5185-1120 2,280.00 035-630-5185-1125 3,540.00 035-630-5185-1126 235.00 035-630-5185-1131 78.00 035-630-5185-5185 035-630-5185-5186 20,179.00 20,179.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A'I fEST: Mary F. Parker City Clerk APPROVED C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2005. No. 37181-091905. A RESOLUTION authorizing the City Manager to continue the services of the Eligibility Worker stationed at the Health Department in accordance with the original Agreement between the Roanoke City Department of Social Services, the State Health Department and the Virginia Department of Social Services, upon certain terms and conditions. 579 WHEREAS, Roanoke City Department of Social Services, the State Health Department, and the Virginia Department of Social Services entered into an agreement in 1994 to establish an Eligibility Worker position through the Department of Social Services to be placed at the Roanoke City Health Department to ensure that all citizens have an opportunity to apply for Medicaid; WHEREAS, the services of the Eligibility Worker are beneficial to both citizens and the Health Department in that it allows citizens requesting services from the Health Department to apply for Medicaid at the same time, thereby making the application process more accessible and efficient, while enabling the Health Department to maximize Medicaid revenue; and WHEREAS, this program is also beneficial to the Department of Social Services in that it is provided an eligibility worker at no cost for salary and benefits. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to continue the services of the Eligibility Worker · stationed at the Health Department in accordance with the original agreement between Roanoke City Department of Social Services, the State Health Department, and the Virginia Department of Social Services, upon such terms and conditions as more fully set forth in the City Manager's letter dated September 19, 2005, to City Council. APPROVED A'I-I-EST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of September, 2005. No. 37182-091905. AN ORDINANCE to appropriate additional funding for the Hazardous Materials Response Grants, amending and reordaining certain sections of the 2005-2006 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 580 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime FICA Expendable Equipment Motor Fuels Overtime FICA Expendable Equipment Motor Fuels Revenues Haz-Mat Emergency Response FY04 Haz-Mat Emergency Response FY05 035-520-3226-1003 035-520-3226-1120 035-520-3226-2035 035-520-3226-2038 035-520-3227-1003 035-520-3227-1120 035-520-3227-2035 035-520-3227-2038 035-520-3226-3226 035-520-3227-3227 $ 6,500.00 500.00 799.00 400.00 900.00 65.00 325.00 100.00.00 8,199.00 1,390.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A-I-I'EST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of September, 2005. No. 37183-091905. AN ORDINANCE to appropriate funding for the FY06 Workforce Investment Act Grant, amending and reordaining certain sections of the 2005- 2006 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 581 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Administrative - Training & development Administrative - Equipment rental Administrative - Other rental Administrative - Wages Administrative - Travel Administrative - Marketing Administrative - Supplies Administrative - Insurance Administrative-Contractual services Administrative - Leases Administrative - Equipment Administrative - Telephone Adult - Wages Adult - Contractual services Dislocated Worker - Wages Dislocated Worker Contractual services Youth in School - Training & development Youth in School - Wages Youth in School - Contractual services Youth in School - Leases Youth out of School - Training & development Youth out of School - Wages Youth out of School - Contractual services Youth out of School - Leases Revenues Workforce Investment Act Grant FY06 035-633-2320-2044 035-633-2320-3070 035-633-2320-3075 035-633-2320-8050 035-633-2320-8052 035-633-2320-8053 035-633-2320-8055 035-633-2320-8056 035-633-2320-8057 035-633-2320-8058 035-633-2320-8059 035-633-2320-8090 035-633-2321-8050 035-633-2321-8057 035-633-2322-8050 035-633-2322-8057 035-633-2323-2044 035-633-2323-8050 035-633-2323-8057 035-633-2323-8058 035-633-2324-2044 035-633-2324-8050 035-633-2324-8057 035-633-2324-8058 035-633-2320-2320 $ 228.00 137.00 67.00 32,401.00 1,342.00 137.00 137.00 133.00 767.00 3,250.00 70.00 67.00 12,061.00 55,291.00 12,712.00 95,687.00 298.00 5,541.00 114,872.00 298.00 123.00 362.00 51,253.00 123.00 387,357.00 582 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A-I-FEST: Mary F. Parker C. Nelson Harris City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ].9'h day of September, 2005. No. 37184-091905. AN ORDINANCE to appropriate funding for the Carvins Cove Planning and Development Project, amending and reordaining certain sections of the 2005- 2006 Capital Projects 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 2005-2006 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Appropriated from State Grant Funds Revenues Carvins Cove Planning and Development 008-620-9825-9007 008-620-9825-9813 $ 53,600.00 53,600.00 583 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'~ day of September, 2005. No. 37185-091905. AN ORDINANCE authorizing the City Manager to execute Amendment Two to an Intergovernmental Agreement, dated December 17, 1997, with Roanoke County concerning the Regional 800 MHz Trunking Radio System, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke entered into an agreement with Roanoke County on December 17, 1997, for the installation and maintenance of an 800 MHz Regional Trunking Radio System; WHEREAS, the original agreement has been amended once by amendment dated October 1, 2001, for the purpose of providing further details governing the operation of the joint System and the relationship between the City and County; and WHEREAS, the Intergovernmental Agreement needs to be amended to provide legal authority for the City and County to act jointly through the Roanoke County Purchasing Department to obtain a qualified consultant to provide expertise and guidance in the planning of the "rebanding" or migration of frequencies per a Federal Communications Commission (FCC) mandate. 584 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute an amendment to the existing Intergovernmental Agreement with Roanoke County to provide legal authority for the City and County to act jointly through the Roanoke County Purchasing Department to obtain a qualified consultant to provide expertise and guidance in the planning of the "rebanding" or migration of frequencies per a Federal Communications Commission (FCC) mandate, as more particularly stated in the City Manager's letter to City Council dated September 19, 2005, such amendment to be in form as approved by the City Attorney. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2005. No. 37186-091905. A RESOLUTION authorizing execution of the Day Avenue Cooperation Agreement between the City of Roanoke ("City") and the Roanoke Redevelopment and Housing Authority ("RRHA"), providing for the advancement of $370,400.00 in funding to provide for the cost of acquisition, pre- rehabilitation, and maintenance of seventeen parcels of property located in the 400 block of Day Avenue, S.W. BE IT RESOLVED by the Council of the City of Roanoke as follows: 585 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, the Day Avenue Cooperation Agreement with Roanoke Redevelopment and Housing Authority to provide $370,400.00 of funding for the acquisition, pre-rehabilitation and maintenance of seventeen (17) parcels of property on Day Avenue, S.W., from Christian Housing Fellowship, LLC, as more particularly set forth in the report of the City Manager to City Council, dated September 19, 2005. 2. The Day Avenue Cooperation Agreement shall be in substantially the same form as that which is attached to the aforementioned City Manager's report, and shall be approved as to form by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of September, 2005. No. 37187-091905. AN ORDINANCE authorizing the City Manager to execute Amendment No. 2 to the Agreement dated December 24, 2002, between the City of Roanoke and the YMCA of Roanoke Valley, Inc. ("YMCA"), to extend the date by which the YMCA must transfer to the City of Roanoke a portion of the property on which the former YMCA facility is located to December 30, 2005; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, Amendment No. 2 to the Agreement dated December 24, 2002, between the City of Roanoke and the YMCA, to extend the date by which the YMCA must transfer to the City of Roanoke a portion of the property on which the former YMCA facility is located to December 30, 2005. 586 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'I-I'EST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of September, 2005. No. 37188-091905. AN ORDINANCE to appropriate funding for the 2005-06 Title I Even Start Family Literacy Grant, 2005-06 Title I School Improvement Program, 2006 Title I D At-Risk Juvenile Detention Center Reading Program, 2005-06 Governor's School Program, and 2005-06 Patrick Henry Youth Court, amending and reordaining certain sections of the 2005-2006 School 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 2005-2006 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Early Childhood Teachers Early Childhood Aide Retiree Health Credit Social Security State Retirement Health Insurance Teacher Stipends Social Security Contracted Professional Development Printing Expenses Staff/Consultant Travel Transportation of Students Evaluation Services Food 030-061-6133-6000-0121 030-061-6133-6000-0141 030-061-6133-6000-0200 030-061-6133-6000-0201 030-061-6133-6000-0202 030-061-6133-6000-0204 030-061-6138-6000-0129 030-061-6138-6000-0201 030-061-6138-6000-0313 030-061-6138-6000-0351 030-061-6138-6000-0551 030-061-6138-6000-0583 030-061-6138-6000-0584 030-061-6138-6000-0602 $ 6,845.00 17,159.00 175.00 2,501.00 2,748.00 (5,899.00) (17,800.00) (1,360.00) 134,700.00 30,000.00 8,500.00 (18,000.00) 35,000.00 (2,250.00) 587 Instructional Materials Teacher Stipends Social Security Health Insurance Travel Instructional Materials Teachers Counselor Substitute Teachers Intercession/Mentorship Retiree Health Credit Social Security State Retirement Health Insurance Conference Travel Director Clerical Retiree Health Credit Social Security Retirement Health Insurance Conference Travel Administrative Supplies Temporary Clerical Support Social Security Library Materials Instructional Technology Custodian Social Security City Retirement Health Insurance Electrical Service Natural Gas/Water Service Interest on Debt Purchased Services Travel Supplies Revenues Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts State Grant Receipts Fees Federal Revenue 030-061-6138-6000-0614 030-062-6139-6104-0121 030-062-6139-6104-0201 030-062-6139-6104-0204 030-062-6139-6104-0551 030-062-6139-6104-0614 030-062-6339-6146-0121 030-062-6339-6146-0123 030-062-6339-6146-0021 030-062-6339-6146-0129 030-062-6339-6146-0200 030-062-6339-6146-0201 030-062-6339-6146-0202 030-062-6339-6146-0204 030-062-6339-6146-0554 030-062-6339-6319-0126 030-062-6339-6319-0151 030-062-6339-6319,0200 030-062-6339-6319-0201 030-062-6339-6319-0202 030-062-6339-6319-0204 030-062-6339-6319-0554 030-062-6339-6319-0601 030-062-6339-6346-0151 030-062-6339-6346-0201 030-062-6339-6346-0613 030-062-6339-6346-0826 030-062-6339-6681-0192 030-062-6339-6681-0201 030-062-6339-6681-0203 030-062-6339-6681-0204 030-062-6339-6681-0511 030-062-6339-6681-0512 030-062-6339-6998-0902 030-063-6888-6100-0311 030-063-6888-6100-0551 030-063-6888-6100-0614 030-061-6133-1102 030-061-6138-1102 030-062-6139-1102 030-062-6339-1100 030-062-6339-1103 030-063-6888-1102 $ (90.00) 20,200.00 1,545.00 5,363.00 3,000.00 3,000.00 51,559.00 1,543.00 12.00 405.00 95.00 2,456.00 6,055.00 7,000.00 1,500.00 3,344.00 2,502.00 (633.00) 447.00 1,310.00 500.00 SO0.O0 (4,500.00) 62.00 28.00 99.00 (2,OOO.OO) 566.00 43.00 48.00 500.00 990.00 416.00 (9,639.00) 4,500.00 2,500.00 1,000.00 23,529.00 168,700.00 33,108.00 18,774.00 46,434.00 48,000.00 588 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Al-rEST: Mary F. Parker C. Nelson Harris City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of September, 2005. No. 37189-091905. AN ORDINANCE authorizing the execution of a lease agreement between the City of Roanoke and Musselwhite Holdings, EEC., for the lease of certain air space over a portion of Kirk Avenue, S.W., to provide sufficient area and space for the i:onstruction of balconies over property located at the intersection of Jefferson Street and Kirk Avenue, for a term of sixty (60) years; and dispensing with the second reading of this ordinance by title. WHEREAS, the City has, by advertisement published once a week for two consecutive weeks in a paper of general circulation published in the City, publicly invited bids for the lease of air space for balconies over a portion of Kirk Avenue for a term of sixty (60) years; and WHEREAS, one bid for the lease of such air space for balconies were received when bids were publicly opened at the Council meeting held on September 19, 2005; and WHEREAS, the bid of Musselwhite Holdings, EEC., to lease such air space for balconies for a term of sixty (60) years commencing as soon as all legal requirements have been met for a one-time rental payment in the total amount of $2,000.00, and upon such other terms and conditions set out in the lease incorporated by reference in the bid, was publicly opened at the Council meeting on September 19, 2005; and 589 WHEREAS, at such Council meeting, a public hearing was held at which all persons were accorded a full and fair opportunity to comment with respect to the proposed lease of such air rights for balconies; and WHEREAS, Council found the bid of Musselwhite Holdings, L.L.C., was deemed the most responsive bid made to the City for the award of such lease and Council is desirous of accepting this bid. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Musselwhite Holdings, EEC., to lease certain air space for balconies over a portion of Kirk Avenue, SW., such area being more particularly described in the proposed Lease of Air Space for Balconies, on file · in the Office of the City Clerk, for a term of sixty (60) years, commencing as soon as all legal requirements have been met, for a one time rental payment of $2,000.00 to be paid prior to the commencement of construction of the balconies, and upon certain terms and conditions set out in the lease and incorporated by reference, the bid of Musselwhite Holdings, EEC., is hereby ACCEPTED. 2. The City Manager and City Clerk are hereby authorized, for and on beha!f of the City, to execute a written lease agreement between the City and Musselwhite Holdings, EEC., for the lease of such air space for balconies, and to be in a form approved by the City Attorney. .3. Any other bids received for this project are hereby REJECTED, and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation. 4. The City Clerk is directed to forward an attested copy of this ordinance to Musselwhite Holdings, EEC. · 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A~-fEST: Mary F. Parker City Clerk C. Nelson Harris Mayor 59O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of September, 2005. No. 37190-091905. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance by title. WHEREAS, Carillon Medical Center filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the 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 the City Council on September 19, 2005, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: 591 That portion of Whitmore Avenue, S.W., west of Jefferson Street, S.W., be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with Iaw, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that 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 Petitioner, 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. 592 BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of September, 2005. No. 37191-091905. RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $3,850,000 GENERAL OBLIGATION SCHOOL BONDS OF THE CITY OF ROANOKE, VIRGINIA, SERIES 2005-B, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF. WHEREAS, on September 22, 2004, the Commonwealth of Virginia Board of Education (the "Board of Education") placed the application (the "Application") of the School Board of the City of Roanoke, Virginia (the "School Board"), for a loan of $3,100,000 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the City of Roanoke,, Virginia (the "City"), on the First Priority Waiting List; 593 WHEREAS, the School Board has submitted to the Board of Education an amendment to the Application requesting an increase in the Literary Fund Loan amount to $3,850,000 (the "Amended Literary Fund Loan" and the Board of Education is expected to approve such amendment to the Application at its meeting to be held on September 21, 2005; WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the "Commitment") within one (1) year of placement of the Application on the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of the Literary Fund Loan, (or, if approved by the Board of Education, the Amended Literary Fund Loan) and the approval, by the Board of Education, of the Application (or the amended Application, as the case may be) as having met all conditions for a loan from the Literary Fund; WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan (or, if approved, the Amended Literary Fund Loan) to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the "Temporary Notes") for the amounts so advanced; WHEREAS, after the completion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligation of the School Board to repay the Literary Fund Loan or the Amended Literary Fund Loan as the case may be; WHEREAS, the Literary Fund Obligation was to have borne interest at three percent (3%) per annum and mature in annual installments for a period of twenty (20) years; WHEREAS, in connection with the 2005 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the City, and.the Board of Education has offered to pay, to the City, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date on which the VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the City will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the City (the "Issuance Expense Allowance"); 594 WHEREAS, the City Council (the "Council").of the City of Roanoke, Virginia (the "City"), has determined that it is necessary and expedient to borrow an amount .not to exceed $3,850,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the City held a public hearing, duly noticed, on September 19, 2005, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board has, by resolution, requested the Council to authorize the issuance of the Bonds (as hereinafter defined) and consented to the issuance of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $3,850,000 (the "Bonds") for the purpose 'of financing certain capital projects for school purposes described in Exhibit B. The Council hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the City, and to sell to the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the Mayor and the City Manager. The Mayor, the City Manager, and such officer or officers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as of September 28, 2005 with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Council at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2005-B"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2006 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 595 4. Interest Rates and Principal Installments. The City Manager is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed five and thirty five one-hundredths percent (5.35 %) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The City Manager is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date or Principal Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date or Principal Payment Date. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) SunTrust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 596 7. No Redemption or Preoavment. The Principal Installments of the Bonds shall not be subject to redemption or prepayment. Furthermore, the Council covenants, on behalf of the City, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the registered owner of the Bonds. 8. Execution of the Bonds. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk of the Council are authorized and directed to execute and deliver the Bonds and to affix the seal of the City thereto. 9. Pledqe of Full Faith and Credit. For the prompt payment of the principal of, premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Certificate as to Arbitraqe. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds except as provided below. The Council covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the City shall comply with the other covenants and representations contained therein and (ii) the City shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitraqe Proqram; Proceeds Aqreement. The Council hereby determines that it is in the best interests of the City to authorize and direct the City Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Council at this meeting, which form is hereby approved. 597 12. Continuinq Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale Agreement should the City be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the City are hereby aUthorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court o[ the City. 14. Further Actions. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the .Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on September 19,. 2005, and of the' whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present and that the attendance and voting of the members in attendance on the foregoing resolution were as follows: Present Absent Aye Nay Abstain C. Nelson Harris, Mayor X X _ Beverly T. Fitzpatrick, Jr., Vice Mayor X X _ M. Rupert Cutler X _ X _ _ Alfred T. Dowe, Jr. _ X _ _ Sherman P. Lea X _ X _ _ Brenda L. McDaniel X _ X _ _ Brian J. Wishneff X _ X _ _ 598 WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this 19~ day of September, 2005. Clerk, City of Roanoke, Virginia [SEAL] [Subsidy] EXHIBIT A (FORM OF TEMPORARY BOND) NO. TS-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OFROANOKE General Obligation School Bond Series 2005-B The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2006 and annually on July 15 thereafter to and including July 15, 2025 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi- annually on January 15 and July 15 of each year, commencing on July 15, 2006 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto. Both principal of and interest on this Bond are payable in lawful money of the United States of America. 599 For as long as the Virginia Public School Authority is the registered owner of this Bond, SunTrust Bank, as bond registrar (the "Bond Registrar"), shall make all payments of principal, premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the City Council authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance withand pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the City Council of the City and the School Board of the City to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for two or more temporary bonds or definitive bonds in fully registered form in denominations of $5,000 and whole multiples thereof, and; in any case, having an equal aggregate principal amount having maturities and bearing interest at rates corresponding to the maturities of and the 600 interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond are not subject to redemption or prepayment. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City Council of the City of Roanoke, Virginia has caused this Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice-Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated ,2005. CITY OF ROANOKE, VIRGINIA (SEAL) A'I-I-EST: Clerk, City of Roanoke, Virginia Chairman, Mayor, City of Roanoke, Virginia 601 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) 602 To,mi Iqm~ll T~ $ 1 r~l~.O0 ~ 4501087.01 ~11516~120.01 APPROVED Ma~ Parker City Clerk C. Nelson Harris Mayor 603 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of September, 2005. No. 37192-091905. RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $1,200,000 GENERAL OBLIGATION SCHOOL BONDS OF THE CITY OF ROANOKE, VIRGINIA, SERIES 2005-A, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF. WHEREAS, on September 22, 2004, the Commonwealth of Virginia Board Of Education (the "Board of Education") placed the application (the "Application") of the School Board of the City of Roanoke, Virginia (the "School Board"), for a loan of $1,600,000 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the City of Roanoke,, Virginia (the "City"), on the First Priority Waiting List; WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the "Commitment") within one (1) year of placement of the Application on the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of the Application and the approval, by the Board of Education, of the Application as having met all conditions for a loan from the Literary Fund; WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the "Temporary Notes") for the amounts so advanced; WHEREAS, after the completion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligation of the School Board to repay the Literary Fund Loan; WHEREAS, the Literary Fund Obligation was to have borne interest at three percent (3%) per annum and mature in annual installments for a period of twenty (20) years; 604 WHEREAS, in connection with the 2005 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the City, and the Board of Education has offered to pay, to the City, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date on which the VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the City will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the City (the "Issuance Expense Allowance"); WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the "City"), has determined that it is necessary and expedient to borrow not to exceed $1,200,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the City held a public hearing, duly noticed, on September 19, 2005, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board has~ by resolution, requested the Council to authorize the issuance of the Bonds (as hereinafter defined) and consented to the issuance of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRCINIA: 1. Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $1,200,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes described in Exhibit B. The Council hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the City, and to sell to the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the Mayor and the City Manager. The Mayor, ' the City Manager, and such officer or officers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as of September 28, 2005 with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Council at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 605 3. Details of the Bonds. The Bonds shall be issuable in fully registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2005-A"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2006 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The City Manager is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed five and thirty five one-hundredths percent [(5.35 ~)] per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The City Manager is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall' not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Payinq Aqent and Bond Reqistrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to the YPSA at, or before 11:00 a.m. on the applicable Interest Payment Date or Principal Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date or Principal Payment Date. 6O6 (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) SunTrust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. No Redemption or Preoavment. The' Principal Installments of the Bonds shall not be subject to redemption 'or prepayment. Furthermore, the Council covenants, on behalf of the City, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the registered owner of the Bonds. 8. Execution of the Bonds. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk of' the Council are authorized and directed to execute and deliver the Bonds and to affix the seal of the City thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the City are hereby ~irrevocably pledged, and in each · year while any of. the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the City subject to Iocal'taxation sufficient in amount to provide for .the payment of the principal of and .premiUm, if any, and the interest on the Bonds as such principal, premium, if any, .and interest shall become due, which tax shall be without limitation as to rate ~Or·amount and in addition to all other taxes authorized to be levied in the City to'the extent other funds of the City are not lawfully available and appropriated'for such purpose. 10. Use of Proceeds Certificate and Certificate as to Arbitraoe. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds except as provided below. The Council covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the City shall comply with the other covenants and representations contained therein and (ii) the City shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 607 11. State Non-Arbitraqe Program; Proceeds Aqreement. The Council hereby determines that it is in the best interests of the City to authorize and direct the City Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Council at this meeting, which form is hereby approved. 12. Continuinq Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale Agreement should the City be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filinq of Resolution. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 14. Further Actions. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on September 19, 2005, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present and that the attendance and voting of the members in attendance on the foregoing resolution were as follows:. 608 Present Absent C. Nelson Harris, Mayor X Beverly T. Fitzpatrick, Jr., Vice Mayor X M. Rupert Cutler X Alfred T. Dowe, Jr. X Sherman P. Lea X _ Brenda L. McDaniel X _ Brian J. Wishneff X _ WITNESS MY HAND and the 19'h day of September, 2005. Aye Nay Abstain seal of the City of Roanoke, Virginia, this Clerk, City of Roanoke, Virginia [SEAL] [Subsidy] EXHIBIT A (FORM OF TEMPORARY BOND) NO. TS-1. $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE General Obligation School Bond Series 2005-A The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2006 and annually on July 15 thereafter to and including July 1S, 2025 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi- annually on January 15 and July 15 of each year, commencing on July 15, 2006 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto. Both principal of and interest on this Bond are payable in lawful money of the United States of America. 609 For as long as the Virginia Public School Authority is the registered owner of this Bond, SunTrust Bank, as bond registrar (the "Bond Registrar"), shall make all payments of principal, premium, if any, and interest on th!s Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the City Council authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the City Council of the City and the School Board of the City to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for two or more temporary bonds or definitive bonds in fully registered form in denominations of $5,000 and whole multiples thereof, and; in any case, having an equal aggregate principal amount having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond 610 is registered in the name of the Virginia Public School Authority on the books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond are not subject to redemption or prepayment. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City Council of the City of Roanoke, Virginia has caused this Bond to be issued in the name of the City of Roanoke, Virginia, to be si§ned by its Mayor or Vice-Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated ., 2005. CITY OF ROANOKE, VIRGINIA (SEAL) A'I-rEST: Clerk, City of Roanoke, Virginia Chairman, Mayor, City of Roanoke, Virginia ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP COUE, OF ASSIGNEE) 611 PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Registered Owner Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) 612 O.O00'A 61.280.3~ 51.280.33 S.eOO"A. 51.290.33 222,,249.3S Fk..~ TOtM APPROVED ATTEST: MaryF. P~a e City Clerk C. Nelson Harris Mayor 613 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of September, 2005. No. 37~93-091905. AN ORDINANCE authorizing the donation and conveyance of a ten foot by six hundred foot easement on City-owned property identified by Official Tax No. 4250203, the site of Fire Station No. 11 near the intersection of Bennington Street and Mt. Pleasant Boulevard, to Roanoke Gas Company, to connect a new main to a high pressure main on Bennington Street, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on September 19, 2005, pursuant to ~15.2-1800(B) and 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 that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents donating and conveying a ten foot by six hundred foot easement on City-owned property identified by Official Tax No. 4250203, the site of Fire Station No. 11 near. the intersection of Bennington Street and Mt. Pleasant Boulevard, to Roanoke Gas Company to connect a new main to a high pressure main on Bennington Street, upon .certain terms and conditions, and as more fully described in a letter of the City Manager to City Council dated September 19, 2005. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'I-rEST: City Clerk C. Nelson Harris Mayor 614 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19'h day of September, 2005. No. 37194-091905. AN ORDINANCE to appropriate funding from the Capital Maintenance and Equipment Replacement Program (CMERP) and to make other funding appropriations and transfers, amending and reordaining certain sections of the 2005-2006 General, Civic Facilities, Capital ProJects, Department of Technology, Fleet Management and Risk Management Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2005-2006 General, Civic Facilities, Capital Projects, Department of Technology, Fleet Management and Risk Management Fund Appropriations be, and the same are hereby, amended as follows: General Fund Appropriations Center in the Square Virginia Museum of Transportation Blue Ridge Zoological Society Commonwealth Coach & Trolley Museum Salem Roanoke Baseball Hall of Fame CMERP-Equipment Purchases CMERP-Equipment Purchases CMERP-Equipment Purchases CMERP-Equipment Purchases CMERP-Equipment Purchases Youth Scholarships CMERP-Equipment Purchases CMERP-Equipment Purchases CMERP-Equipment Purchases CMERP-Equipment Purchases Homeland Defense ProJect Lifesaver CMERP-Equipment Purchases CMERP-Equipment Purchases Transfer to Capital Projects Fund Transfer to DOT Fund Transfer to Fleet Management Fund 001-300-7220-3706 $ 80,000.00 001-300-7220-3714 001-300-7220-3911 001-300-7220-3942 001-300-7220-3895 001-430-4130-9132 001-530-4110-9132 001-530-4160-9132 001-530-4210-9132 001-620-4340-9132 001-620-7110-2302 001-620-7110-9132 001-630-5311-9132 001-630-5314-9132 001-640-3113-9132 001-640-3114-2164 001-640-3114-2169 001-640-3114-9132 001-650-7310-9132 001-250-9310-9508 001-250-9310-9513 001-250-9310-9517 37,500.00 26,000.00 7,000.00 5,000.00 199,000.00 52,777.00 59,000.00 65,000.00 36,000.00 2,957.00 46,500.00 15,589.00 6,760.00 203,618.00 391.00 18,458.00 18,424.00 32,540.00 309,228.00 400,000.00 412,000.00 Transfer to Risk Management Fund Fund Balance Reserved for CMERP - City Reserved for Self-Insured Claims Civic Facilities Fund Appropriations Appropriated from General Revenue Retained Earnings Retained Earnings Available for Appropriation Caoital Proiects Fund Appropriations CMERP-Equipment Purchases CMERP-Equipment Purchases CMERP-Equipment Purchases CMERP~Equipment Purchases CMERP-Equipment Purchases Contingency CMERP-Equipment Purchases CMERP-Equipment Purchases CMERP-Equipment Purchases CMERP-Equipment Purchases CMERP-Equipment Purchases CMERP-Equipment Purchases CMERP-Equipment Purchases CMERP-Equipment Purchases CMERP-Equipment Purchases Revenues Transfer from General Fund Department of Technoloq¥ Fund Appropriations CMERP-Equipment Purchases Revenues Transfer from General Fund Fleet Manaqement Fund Appropriations CMERP-Equipment Purchases Revenues Transfer from General Fund 001-250-9310-9529 001-3323 001-3327 005-550-8624-9003 005-3348 008-140-9857-9132 008-300-9829-9132 008-310-9737'9132 008-310-9799-9132 008-440-9854-9132 008-530-9575-9220 008-530-9778-9132 008-530-9782-9132 008-530-9798-9132 008-530-9834-9132 008-615-8116-9132 008-620-9747-9132 008-620-9748-9132 008-620-9750-9132 008-620-9759-9132 008-110-1234-1037 013-430-1602-9132 013-110-1234-1037 017-440-2642-9132 017-110-1234-0951 615 $ 166,730.00 (2,033,742.00) (166,730.00) 125,000.00 (125,000.00) 49,000.00 32,000.00 80,000.00 100,000.00 230,000.00 (1,194,602.00) (49 133.00) (100 000.00) 50 000.00 $460 025.00 370 400.00 70 000.00 230 000.00 (3,718.00) (14,744.00) 309,228.00 400,000,00 400,000.00 412,000.00 412,000.00 616 Risk Manaaement Fund Revenues Transfer from General Fund Retained Earnings Reserve for Self-Insured Claims 019-110-1234-1037 019-3327 $ 166,730.00 166,730.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor