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Home My WebLink About37195-100305 - 37600-101906 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of October, 2005. No. 37195-100305. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a 0.467 acre parcel of City-owned property known as Parcel SA, identified as new Official Tax No. 1010106, 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 development of a downtown parking garage, upon certain terms and conditions; and repealing Ordinance No. 37173-081505, in order to provide for a revised description of the property being conveyed to the Times- World Corporation; and dispensing with the second reading of this ordinance. WHEREAS, .a public hearing was held on October 3, 2005, pursuant to ~~IS.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 0.467 acre parcel of City-owned property known as Parcel SA, identified as new Official Tax No. 1010106, 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 October 3, 2005. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. 3. Ordinance No. 37163-081505, adopted August IS, 2005, is hereby repealed. 2 4.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: A..., Ill.. '"- - Mary F. Parker City Clerk Q.~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of October, 2005. No. 37196-100305. AN ORDINANCE appropriating funds for the Bulletproof Vest Partnership 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 Wearing Apparel 035-640-3422-2064 Revenues Bulletproof Vest Partnership 035-640-3422-3422 Grant $ 10,893.00 10,893.00 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: ~ ~~ !-r~,~- Mary F. Parker City Clerk c.~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of October, 2005. No. 37197-100305. AN ORDINANCE to appropriate additional funding for the Hazard Mitigation 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 Appropriations - State 035-620-3510-9007 $ 3,543.00 Revenues Hazard Mitigation - State 035-620-3510-3511 3,543.00 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: 0 11-., ~ ; r ~,~~ - Mary F. Parker City Clerk c,~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of October, 2005. No. 37198-100305. AN ORDINANCE to appropriate funding received from the Hazard Mitigation Grant Program for the property on 3303 Garst Mill Road, 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 Federal Grant Funds 008-530-9846-9002 Appropriated from General Revenue 008-530-9846-9003 Appropriated from State Grant Funds 008-530-9846-9007 Appropriated from General Revenue 008-530-9734-9003 Revenues FEMA - Hazard Mitigation 3303 Garst Mill Road 008-530-9846-9834 VDEM - Hazard Mitigation 3303 Garst Mill Road 008-530-9846-9835 $ 65,315.00 4,354.00 17,418.00 (4,354.00) 65,315.00 17,418.00 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: ;Z<d c. ~~ Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of October, 2005. No. 37199-100305. AN ORDINANCE authorizing the acquisition and demolition of certain property located at 3303 Garst Mill Road, S.w., which is subjective to repetitive flooding, under the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program and the Commonwealth of Virginia Department of Emergency Management's (VDEM) through its Hazard Mitigation Grant Program, upon certain terms and conditions; authorizing the closing of the Garst Mill Road Hazard Mitigation Grant Program; 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 is authorized to execute the necessary documents, upon form approved by the City Attorney, to acquire the real property located at 3303 Garst Mill Road, S.W., bearing Official Tax No. 5030214, owned by Mr. Jeffrey Rogers, subject to a satisfactory environmental site inspection, under the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program and the Commonwealth of Virginia Department of Emergency Management's (VDEM) through its Hazard Mitigation Grant Program, and to demolish the structure located thereon, upon the terms and conditions contained in the City Manager's October 3, 2005, letter to City Council. 6 2. Upon completion of the demolition of the structure located on this property, the Garst Mill Road Hazard Mitigation Grant Program is to be closed in accordance with the requirements of the Federal Emergency Management Agency. 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: /J ~~ .J. r4J.<<~ Mary F. Parker City Clerk C.-wk~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of October, 2005. No. 37200-100305. AN ORDINANCE to appropriate funding awarded by the Virginia Department of Transportation Commonwealth Transportation Board for the Walnut Avenue Bridge Improvements, Aviation Drive & Towne Square Boulevard Improvements and Sidewalk Maintenance City-Wide Projects, 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 008-530-9511-9007 Appropriated from State Grant Funds 008-530-9830-9007 Appropriated from State Grant Funds 008-530-9793-9007 Revenues VDOT -Walnut Avenue Bridge Improvements 008-530-9511-9831 VDOT -Aviation Drive & Towne Square Boulevard Improvements 008-530-9830-9832 VDOT -Sidewalk Maintenance City-Wide 008-530-9793-9833 7 $ 242,099.00 335,214.00 167,607.00 242,099.00 35,214.00 167,607.00 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: n,... .J. R- 1-- Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of October, 2005. No. 37201-100305. ~, ~qk~ C. Nelson Harris Mayor A RESOLUTION authorizing the City Manager to enter into an Agreement with the Roanoke Regional Airport Commission (Commission) providing for the Commission's participation in the process of designing a realignment of the intersection area of Aviation Drive and Towne Square Boulevard in return for a contribution by the Commission to the City for a portion of the costs of that process; and authorizing the City Manager to take such further action and execute such additional documents as may be necessary to implement and administer such Agreement. 8 BE IT RESOLVED by the Council of the City Of Roanoke as follows: 1. The City Manager is hereby authorized to execute, on behalf of the City, an Agreement substantially similar to the Letter Agreement dated August 3, 2005, attached to the City Manager's letter to Council dated October 3, 2005, the form of such Agreement to be approved by the City Attorney. 2. The City Manager is further authorized to take such further actions and execute such additional documents as may be necessary to implement and administer such Agreement. APPROVED ATTEST: 0 I\~ J. r~v- Mary F. Parker City Clerk ~~l~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of October, 2005. No. 37202-100305. AN ORDINANCE to appropriate additional funding for the Aviation Drive and Towne Square Boulevard 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. 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 008-530-9830-9003 $ 30,000.00 Revenues Aviation Drive & Towne Square Boulevard 008-530-9830-9832 30,000.00 9 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: /J ~~ J.r~<. Mary F. Parker City Clerk c C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of October, 2005. No. 37203-100305. A RESOLUTION authorizing the City Manager to enter into an Agreement with the Roanoke Regional Airport Commission (Commission) providing for the Commission's participation in the process of designing a realignment of the intersection area of Aviation Drive and Towne Square Boulevard in return for a contribution by the Commission to the City for a portion of the costs of that process; and authorizing the City Manager to take such further action and execute such additional documents as may be necessary to implement and administer such Agreement. BE IT RESOLVED by the Council of the City Of Roanoke as follows: 1. The City Manager is hereby authorized to execute, on behalf of the City, an Agreement substantially similar to the Letter Agreement dated August 3, 2005, attached to the City Manager's letter to Council dated October 3, 2005, the form of such Agreement to be approved by the City Attorney. 10 2. The City Manager is further authorized to take such further actions and execute such additional documents as may be necessary to implement and administer such Agreement. APPROVED ATTEST: ;~ c:t{~~~ 12.,~ Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of October, 2005. No. 37204-100305. AN ORDINANCE to appropriate funding to be provided by the Series 2005 Bonds to various capital projects, amending and reordaining certain sections of the 2005-2006 Civic Facilities and 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 Civic Facilities and Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Civic Facilities Fund Appropriations Appropriated from 2005 Bond Funds 005-550-8616-9170 Civic Facilities Expansion/Renovation 005-550-8630-9198 $ 6,405,000.00 (6,405,000.00) Caoital Proiects Fund Appropriations Appropriated from 2005 Bond Funds 008-310-9739-9170 Art Museum of Western Virginia 008-310-9740-9171 2,500,000.00 (2,500,000.00) 11 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: /J 1\ ~ J. r /).A..J<- -' Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of October, 2005. No. 37205-100305. AN ORDINANCE to appropriate funding for various capital projects, 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 Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Revenues Lines Adjustment Study Reimbursement Center In The Square-Market Building Fire/EMS Facility Improvement Program Stadium Amphitheater Project 008-530-9818-9003 008-530-9767-9003 008-530-9678-9003 008-530-9758-9003 008-530-9818-9810 008-530-9767-9805 008-530-9678-9802 008-530-9758-9812 $ 11,200.00 4,500.00 2,097.00 1,088.00 11,200.00 4,500.00 2,097.00 1,088.00 12 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: /J ~~ ; r~I'< - Mary F. Parker City Clerk Q.4ul-~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of October, 2005. No. 37206-100305. A RESOLUTION authorizing the City Manager to donate up to twenty (20) surplus vehicles to the chambers of commerce for localities affected by hurricanes Katrina and Rita. WHEREAS, a number of localities along the gulf coast have been devastated by the effects of hurricanes Katrina and Rita; WHEREAS, these localities as a result of the damage caused by hurricanes Katrina and Rita have lost a large portion of their municipal fleet of vehicles; and WHEREAS, the City of Roanoke has up to twenty (20) surplus vehicles currently available to donate to the chambers of commerce of these Gulf Coast localities in need. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it hereby authorizes the City Manager to take the following action on its behalf: 13 1. The City Manager is authorized and directed to donate up to twenty (20) surplus vehicles to the chambers of commerce for localities that have been affected by hurricanes Katrina and Rita. 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 documents to donate the surplus vehicles to the chambers of commerce for localities affected by hurricanes Katrina and Rita, such agreements to be in such form as are approved by the City Attorney. APPROVED ~T~ !. ~ Mary F. Parker City Clerk c\~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of October, 2005. No. 37207-100305. 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 S. Deborah Oyler, a Director of the Industrial Development Authority of the City of Roanoke, Virginia, will expire October 20,2005; and WHEREAS, ~IS.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; 14 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that S. Deborah Oyler 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 October 21, 2005, and expiring October 20, 2009, to fill a vacancy created by the expiration of her term of office occurring October 20, 2005. APPROVED n:T~ }. ~ Mary F. Parker City Clerk C ,UA~~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of October, 2005. No. 37208-100305. 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 Stuart H. Revercomb, a Director of the Industrial Development Authority of the City of Roanoke, Virginia, will expire October 20, 2005; and 15 WHEREAS, ~IS.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; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Stuart H. Revercomb 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 October 21, 2005, and expiring October 20, 2009, to fill a vacancy created by the expiration of his term of office occurring October 20, 2005. APPROVED ATTEST: ;1/ A~ J7tv-1.<-. Mary F. Parker City Clerk e.W~,*~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'h day of October, 2005. No. 37209-101705. A RESOLUTION memorializing the late F. Wiley Hubbell, a long-time resident of the City of Roanoke and Citizen of the Year in 1996. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Hubbell on Monday, September 5, 2005; WHEREAS, Mr. Hubbell was born in Bridgeport, Connecticut, and graduated from Dartmouth College in 1935; WHEREAS, Mr. Hubbell moved to Roanoke in 1956 to work with General Electric, where he worked as a financial manager before retiring in 1968; WHEREAS, Mr. Hubbell served for 22 years as a trustee with the City's municipal employees' pension fund, 21 of those as chairman, during which time he watched the fund grow from $29 million to $260 million in a little over a decade; 16 WHEREAS, Mr. Hubbell spent more than 17 years with United Way of Roanoke Valley, serving as a Board member, budget chairman, and president of the Board; WHEREAS, Mr. Hubbell was active at St. John's Episcopal Church as a member, vestry person, and treasurer; and also served in the Episcopal Diocese of Southwestern Virginia as treasurer for 20 years; WHEREAS, Mr. Hubbell was active in Big Brothers and Big Sisters of Roanoke Valley; WHEREAS, was a Board member and Treasurer of Habitat for Humanity in the Roanoke Valley for 16 years, and was also active with endeavors for Greenvale Nursery and Help; WHEREAS, Mr. Hubbell was an active member of Roanoke Country Club, and an avid golfer and tennis player; WHEREAS, Mr. Hubbell was voted Roanoke's Citizen of the Year for 1996; WHEREAS, co-workers and relatives describe Mr. Hubbell as a generous, charismatic and endlessly energetic person who had spent decades working to make Roanoke a better place. 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 F. Wiley Hubbell and extends to his family its sincerest condolences. 2. The City Clerk is directed to transmit an attested copy of this resolution to Mr. Hubbell's daughter, Cynthia Hubbell, and sons, Stewart Hubbell and Christopher Hubbell, all of Roanoke. APPROVED ATTEST: ;J Y\Mg I(~A< Mary F. Parker City Clerk Q.~~ c. Nelson Harris Mayor 17 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2005. No. 37210-101705. AN ORDINANCE appropriating funds for the Forfeited Criminal Assets 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 Telephone-Cellular Administrative Supplies Expendable Equipment<$ 5000.00 Training and Development DOT Billings Revenues Forfeited Criminal Assets Grant Forfeited Criminal Assets Interest 035-150-5140-2021 035-150-5140-2030 035-150-5140-2035 035-150-5140-2044 035-150-5140-7005 035-150-5140-7107 035-150-5140-7275 $ 4,000.00 4,499.00 6,911.00 3,000.00 6,500.00 22,999.00 1,911.00 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: /J /'h ~ .J t'~~ Mary F. Parker City Clerk c-t<~~ C. Nelson Harris Mayor 18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2005. No. 37211-101705. A Resolution of the City Council of the City of Roanoke, Virginia authorizing, among other things, the issuance of not to exceed $450,000,000.00 aggregate principal amount of Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group) to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. WHEREAS, the City of Roanoke, Virginia (the "City") is a political subdivision of the Commonwealth of Virginia exercising public and essential governmental functions pursuant to the Constitution and laws of the Commonwealth of Virginia; and WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Roanoke Authority") is a political subdivision of the Commonwealth of Virginia and is authorized under Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), to issue revenue bonds for the purpose of facilitating the financing or refinancing of certain projects required or useful for health care purposes; and WHEREAS, Carilion Medical Center ("CMC") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates Carilion Roanoke Memorial Hospital located in the City of Roanoke, Virginia; and WHEREAS, CMC also owns and operates Carilion Roanoke Community Hospital in the City of Roanoke, Virginia; and WHEREAS, Carilion Giles Memorial Hospital ("CGMH") is a private nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the Town of Pearisburg, Giles County, Virginia; and WHEREAS, Bedford Memorial Hospital ("BMH") is a private, non stock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Bedford, Virginia; and WHEREAS, Carilion Franklin Memorial Hospital ("CFMH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the Town of Rocky Mount, Franklin County, Virginia; and 19 WHEREAS, Carilion New River Valley Medical Center ("CNRV") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates Carilion New River Valley Medical Center in Montgomery County, Virginia; and WHEREAS, the Roanoke Authority has by resolution adopted October 5, 2005 (the "Roanoke Authority Resolution") approved a plan of financing and refinancing (the "Plan of Financing") and authorized the issuance of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group) (the "Bonds") in an aggregate principal amount not to exceed $450,000,000.00 for the purpose of providing funds to undertake all or a portion of the following: (I) paying, or reimbursing CMC for paying, a portion of the costs of (i) renovating and/or expanding certain portions of Carilion Roanoke Memorial Hospital and/or (ij) acquiring certain capital equipment for use in or in connection with Carilion Roanoke Memorial Hospital (the "Project"); (II) refunding all or a portion of (A) the Authority's Hospital Revenue Bonds (Carilion Health System Obligated Group), Series 2002A and (B) the Authority's Hospital Revenue Refunding Bonds (Carilion Health System Obligated Group), Series 2002B, Series 2002C, Series 2002D and Series 2002E (collectively, the "Bonds To Be Refunded"), the proceeds of which were loaned to CMC, CGMH, BMH, CFMH and CNRV; (III) paying a portion of the interest accruing on the Bonds during the acquisition, construction, renovation and equipping of the Project; and (IV) paying certain expenses incurred in connection with the issuance of the Bonds; and WHEREAS, CMC owns and operates Carilion Roanoke Memorial Hospital, located at Jefferson Street and Belleview Avenue, S. E., Roanoke, Virginia; CMC also owns and operates Carilion Roanoke Community Hospital, located at 101 Elm Avenue, S.E., Roanoke, Virginia; CGMH owns and operates Carilion Giles Memorial Hospital, located at 1 Taylor Avenue, Pearisburg, Virginia; and CFMH owns and operates Carilion Franklin Memorial Hospital, located at 124 Floyd Avenue, Rocky Mount, Franklin County, Virginia; and WHEREAS, the City Council of the City of Roanoke, Virginia (the "Roanoke City Council") must first approve the Plan of Financing and the issuance of the Bonds before the Roanoke Authority can proceed with the Plan of Financing and the issuance of the Bonds; and WHEREAS, the Roanoke Authority has delivered or caused to be delivered to the Roanoke City Council the following: (i) a reasonably detailed summary of the comments expressed at the public hearing held by the Roanoke Authority in connection with the Plan of Financing and the issuance of the Bonds, (ii) a fiscal impact statement in the form specified in Section 15.2-4907 of the Act, and (iij) a copy of the Roanoke Authority Resolution, which constitutes the recommendation of the Roanoke Authority that the Roanoke City Council approve the Plan of Financing and the issuance of the Bonds; and 20 WHEREAS, the Roanoke City Council has determined that it is necessary at this time to approve the Plan of Financing and issuance by the Roanoke Authority of not to exceed $450,000,000.00 aggregate principal amount of the Bonds to promote the improvement of the health and living conditions of the people of the City of Roanoke and the Commonwealth of Virginia, increase opportunities for gainful employment, improve health care and otherwise aid in improving the prosperity and welfare of said City and Commonwealth and its inhabitants by improving the hospital facilities of CMC, CFMH and CGMH, respectively; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Roanoke, Virginia: SECTION 1. The Roanoke City Council hereby approves the Plan of Financing and authorizes the issuance by the Roanoke Authority of the Bonds an aggregate principal amount not to exceed $450,000,000.00 for the purpose of (i) paying, or reimbursing CMC for paying, a portion of the costs of the Project; (ij) refunding all or a portion of the Bonds To Be Refunded; (iij) paying a portion of the interest accruing on the Bonds during the acquisition, construction, renovation and equipping of the Project; and (iv) paying certain expenses incurred in connection with the issuance of the Bonds. SECTION 2. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk to the Roanoke City Council are hereby authorized and directed, on behalf of the City, to take any and all action necessary, including the execution of any documents, to consummate the issuance and sale of the Bonds in conformity with the provisions of this resolution. SECTION 3. The approval of the Plan of Financing and the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and the Act, does not constitute an endorsement to any prospective purchaser of the Bonds or the creditworthiness of CMC, CGMH, BMH, CFMH or CNRV and, as required by the Act, the Bonds shall provide that neither the Commonwealth of Virginia, the City nor the Roanoke Authority shall be obligated to pay the principal of, the redemption premium, if any, or the interest on the Bonds or other costs incident thereto except from the revenues and funds pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City nor the Roanoke Authority shall be pledged thereto. 21 SECTION 4. This Resolution shall take effect immediately upon its passage. ATTEST: .0 ^~d -J(~ Mary F. Parker City Clerk APPROVED c*~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'h day of October, 2005. No. 37212-101705. AN ORDINANCE appropriating funds for the Runaway and Homeless Youth 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. 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 Temporary Employee Wages City Retirement ICMA Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Telephone Cellular Administrative Supplies Dues and Memberships Training and Development Local Mileage Program Activities Revenues Runaway and Homeless Grant FY06 035-630-5142-1002 035-630-5142-1004 035-630-5142-1105 035-630-5142-1116 035-630-5142-1120 035-630-5142-1125 035-630-5142-1126 035-630-5142-1130 035-630-5142-1131 035-630-5142-2021 035-630-5142-2030 035-630-5142-2042 035-630-5142-2044 035-630-5142-2046 035-630-5142-2066 035-630-5142-5242 $63,939.00 3,053.00 8,227.00 1,300.00 5,225.00 7,080.00 474.00 729.00 166.00 1,920.00 1,850.00 700.00 6,529.00 740.00 32,449.00 134,381.00 22 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~~j~ Mary F. Parker City Clerk C)~~(M) C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2005. No. 37213-101705. 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. 03CY04S9/1), in the amount of $134,381.00 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 October 17, 2005, 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 A'A-.- -! ~ Mary F. Parker City Clerk c..VeQw~~ C. Nelson Harris Mayor 23 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2005. No. 37214-101705. A RESOLUTION adopting a Regional Predisaster Mitigation Plan for communities that are members of the Roanoke Valley-Alleghany Regional Commission; and authorizing the City Manager to take such action as may be needed to implement and administer such Plan. WHEREAS, the Disaster Mitigation Act of 2000, as amended, requires that local governments develop and adopt predisaster mitigation plans in order to receive certain federal assistance; WHEREAS, a Mitigation Advisory Committee ("MAC") comprised of representatives from the counties of Alleghany, Botetourt, Craig and Roanoke; the cities of Roanoke and Salem; and the towns of Buchanan, Clifton Forge, Fincastle, Iron Gate, New Castle, Troutville and Vinton was convened in order to study the Roanoke Valley-Alleghany Region's risks from, and vulnerabilities to, natural hazards, and to make recommendations on mitigating the effects of such hazards on the Roanoke Valley-Alleghany Region; and WHEREAS, the efforts of the MAC members and the Roanoke Valley- Alleghany Regional Commission, in consultation with members of the public, private and non-profit sectors, have resulted in the development of a Regional Predisaster Mitigation Plan for the communities that are members of the Roanoke Valley-Alleghany Regional Commission, including the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City Of Roanoke as follows: 1. The City of Roanoke hereby approves and adopts the Regional Predisaster Mitigation Plan, dated September 2005, referred to above and in the City Manager's letter to Council dated October 17, 2005, including the City of Roanoke's part of such Plan. 24 2. The City Manager is hereby authorized to take such further actions as may be needed to implement and administer such Plan. APPROVED A/\ AM-, J. ~ Mary F. Parker City Clerk t~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2005. No. 37215-101705. A RESOLUTION adopting a policy pertaining to funding for non-profit organizations in future budget cycles, and authorizing the City Manager to disseminate information about such policy. WHEREAS, after several months of discussion with public and private organizations that fund non-profit agencies, the City developed criteria for non-profit organizations which receive funding from the City; and WHEREAS, Carilion Foundation, Roanoke County, and Funders Circle will use the criteria in connection with their funding of non-profit organizations. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City hereby adopts the policy as more particularly described in the City Manager's letter dated October 17, 2005, to City Council, containing certain criteria to be adhered to when reviewing and approving funding for non-profit organizations in future budget cycles and authorizing the City Manager to disseminate information about such policy. APPROVED ~T~ -J~ Mary F. Parker City Clerk ~. UtOL- +r~ c. Nelson Harris Mayor 25 IN THE COUNCIL OF THE CITY OF ROANOKE; VIRGINIA, The 17th day of October, 2005. No. 37216-101705. AN ORDINANCE amending Section 2-70, Veteran's Preference. Article IV, Personnel Manaqement and Practices, of Chapter 2, Administration. Code of the City of Roanoke (1979), as amended, to conform with Section 2.2-2903 of the Code of Virginia (1950), as amended; 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 Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending Section 2-70, Veteran's Preference. Article IV, Personnel Manaqement and Practices, of Chapter 2, Administration. to read and provide as follows: See. 2-70. Veteran's oreference. The City of Roanoke shall take into consideration or give preference to an individuals status as an honorably discharged veteran of the armed forces of the United States in its employment hiring policies and practices, provided that such veteran meets all of the knowledge, skills and eligibility requirements for the available position. Additional consideration shall also be given to veterans who have a service connected disability rating fixed by the United States Veterans Administration. "Veterans" as used in this section refers to the same class as included in 92.2-2903 of the Code of Virginia with regard to the state service. Any persolo ..ho nas served in time of ..ar in the army, navy, air f-orce, marine corps or coast gl:Jard of the United States and has been nonorabl'Y discnarged therefron, shall be entitled to ha.e added to his rating in any exan,ination held for original appointments in tne classified service l:JIoder tne pro.isions of this article ten (10) points on a scale of one hl:Jl,dred (100) if he is eligible for disability compel'satic)I1 or pension from the United States tnrougn the veterans adl"inistration, or five (S) points on a scale of one 1,l:Jndred (100), if he is not sO eligible, prOvided that he shall be ..itl,in tne age limit specified for appointl11el1t to tl,e pOsitiolo or class of pOsitiol' for ..I,ich the examination is held, is physically capable of perforn1ing the duties of such pOsition and attail's, in tne examinatiol' ..ithout such added points, the l11inil11u,,, rating prescribed for the passage of such examination. The 151 eference herein established 26 shall be available to al'y pelson eligible to receive same for a period of eight (8) years follovving the date of such person's induction into a branch of the armed sel"vices as hel einllbove set Ot:tt: 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. APPROVED /AT~ ;. fL-- Mary F. Parker City Clerk c - vtJ IV ~lV\ty\) C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2005. No. 37217-101705. A RESOLUTION expressing the support of the Council of the City of Roanoke to the Virginia Department of Transportation ("VDOT") of Alternative 3, a Transportation Systems Management (TSM) Alternative, for the extension of Wonju Street between Colonial Avenue and Brandon Avenue. WHEREAS, an extension of Wonju Street between Colonial Avenue and Brandon Avenue was added to VDOT's Six Year Improvement Plan in 1999; WHEREAS, two conceptual alternatives had been considered since project initiation, but as right-of-way impacts and cost estimates increased, a third alternative, a TSM Alternative, was suggested; WHEREAS, Alternative 3 makes use of existing capacity on Brandon and Colonial Avenues, requires minimal acquisition of right-of-way, minimizes construction cost, provides an immediate safety improvement through reducing the queue of vehicles on southbound Route 220; and 27 WHEREAS, at a Citizen Information Meeting held on October 3, 2005, the majority of citizens present preferred Alternative 3. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City hereby expresses its support of Alternative 3, the TSM alternative, being more particularly described in the City Manager's letter dated October 17, 2005, to City Council. 2. The City requests that VDOT advance this project to the construction phase. 3. The City Clerk is directed to transmit an attested copy of this resolution to VDOT. APPROVED /h"'7 -J L Mary F. Parker City Clerk Ol C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2005. No. 37218-101705. AN ORDINANCE to appropriate funding to be provided by the Series 2005 Bonds to purchase Countryside Golf Course, amending and reordaining certain sections of the 2005-2006 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance.. 28 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 2005 Bond Funds Countryside Golf Course 008-310-9840-9170 008-310-9740-9172 $ 3,975,000.00 (3,975,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~....., 1. ~ L.1M ~ON(\ Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'" day of October, 2005. No. 37219-101705. AN ORDINANCE authorizing execution of an Operating Agreement for Countryside Golf Course ("Operating Agreement"), between the City of Roanoke and Meadowbrook Golf Group, Inc., upon certain terms and conditions, as contemplated in the Operating Agreement; and dispensing with the second reading by title paragraph of this ordinance. WHEREAS, the City of Roanoke intends to purchase Countryside Golf Course and desires to continue operating it as a golf facility for at least one year after its acquisition; and' WHEREAS, Meadowbrook Golf Group, Inc., is engaged in the business of marketing, maintaining, operating and managing golf facilities. 29 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, an Operating Agreement between the City and Meadowbrook Golf Group, Inc., such agreement to be in substantially the same form as that which is attached to the City Manager's letter of October 17, 2005, to Council, and shall be approved as to form by the City Attorney. 2. The City Manager is authorized to take appropriate measures to implement the terms and conditions of the Operating Agreement, as provided in the Operating Agreement. 3. Pursuant to ~ 12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED A~;~ (2, \.{&?~~Wb Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2005. No. 37220-101705. AN ORDINANCE to amend ~~36.1-3 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 the conditions presently binding upon certain property previously conditionally zoned LM, Light Manufacturing District; repealing Ordinance No. 37157-081505; and dispensing with the second reading by title of this ordinance. 30 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 District, with proffers, by the adoption of Ordinance No. 29906-11690, adopted January 16, 1990; WHEREAS, Roanoke Investments Associated, Inc., seeks to have the subject property zoned LM, Light Manufacturing 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; 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, and that such property be zoned LM, Light Manufacturing 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. 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 LM, Light Manufacturing District, with such proffers. 31 2. Ordinance No. 37157-081505, adopted August 15, 2005, is hereby REPEALED. 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 ~., -JL Mary F. Parker City Clerk ~~lL~~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'h day of October, 2005. No. 37221-101705. AN ORDINANCE to provide for the implementation of the 2004-2005 changes to the Personal Property Tax Relief Act of 1998;. and dispensing with the second reading by title of this ordinance. WHEREAS, the Personal Property Tax Relief Act of 1998, ~~S8.1-3S23, etsea., Code of Virginia ("PPTRA"), has been substantially modified by the enactment of Chapter 1 of the Acts of Assembly, 2004 Special Session I (Senate Bill 5005), and the provisions of Item 503 of Chapter 95 of the 2005 Acts of Assembly (the 2005 revisions to the 2004-06 Appropriations Act, hereinafter cited as the "2005 Appropriations Act"); WHEREAS, these legislative enactments require the City to take affirmative steps to implement these changes, and to provide for the computation and allocation of reliefprovided pursuant to the PPTRA as revised; and WHEREAS, these legislative enactments provide for the appropriation to the City, commencing in 2006, of a fixed sum to be used exclusively for the provision of tax relief to owners of qualifying personal use vehicles that are subject to the personal property tax on such vehicles, and provide the opportunity for the City to fashion a program of tax relief that serves the best interests of its citizenry. 32 NOW THEREFORE BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Purpose: Definitions: Relation to other Ordinances. (a) The purpose of this Ordinance is to provide for the implementation of the changes to PPTRA effected by legislation adopted during the 2004 Special Session I and the 2005 Regular Session of the General Assembly of Virginia. (b) Terms used in this Ordinance that have defined meanings set forth in PPTRA shall have the same meanings as set forth in Va. Code ~S8.1-3S23, Code of Virginia, as amended. (c) To the extent that the provisions of this Ordinance conflict with any prior Ordinance or provision of the City Code, this Ordinance shall control. 2. Method of Comoutinq and Reflectinq Tax Relief. (a) For tax years commencing in 2006, the City adopts the provisions of Item S03.E of the 2005 Appropriations Act, providing for the computation of tax relief as a specific dollar amount to be offset against the total taxes that would otherwise be due but for PPTRA and the reporting of such specific dollar relief on the tax bill. (b) The Council shall, as part of the annual budget adopted pursuant to Chapter 25 of Title 15.2 of the Code of Virginia and ~33 of the City Charter, set the percentage of tax relief at such a level that it is anticipated fully to exhaust PPTRA relief funds provided to the City by the Commonwealth. (c) Personal property tax bills shall set forth on their face the specific dollar amount of relief credited with respect to each qualifying vehicle, together with an explanation of the general manner in which relief is allocated. 3. Allocation of Relief amonq Taxoavers. (a) Allocation of PPTRA relief shall be provided in accordance with the general provisions of this section, as implemented by the specific provisions of the City's annual budget relating to PPTRA relief. (b) Relief shall be allocated in such as manner as to eliminate personal property taxation of each qualifying vehicle with an assessed value of $1,000.00 or less. (c) Relief with respect to qualifying vehicles with assessed values of more than $1,000.00 shall be provided at a percentage, annually fixed in the City budget and applied to the first $20,000.00 in value of each such qualifying vehicle, that is estimated fully to use all available state PPTRA relief. The percentage shall be established annually as a part of the adopted budget for the City. 33 4. Transitional Provisions. (a) Pursuant to authority conferred in Item S03.D of the 2005 Appropriations Act, the City Treasurer is authorized to issue a supplemental personal property tax bill, in the amount of 100 per cent of tax due without regard to any former entitlement to state PPTRA relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such date as state funds for reimbursement of the state share of such bill have become unavailable, whichever earlier occurs. (b) Penalty and interest with respect to bills issued pursuant to subsection (a) of this section shall be computed on the entire amount of tax owed. Interest shall be computed at the rate provided in ~32-106 of the City Code from the original due date of the tax S. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~T~ -! ~ Mary F. Parker City Clerk (LUiUfAl c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of Octobl;!r, 2005. No. 37222-101705. AN ORDINANCE to appropriate funding for the 2005 Supplementary Technology Grant, 2005-06 Capital Maintenance and Equipment Replacement Program, and Westside Renovation Project, amending and reordaining certain sections of the 2005-2006 General, School, and School Capital Fund Appropriations and dispensing with the second reading by title of this orcl i nance. 34 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 General, School, and School Capital Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to School Fund - CMERP 001-250-9310-9532 Fund Balance Reserve for CMERP - Schools 001-3324 School Fund Appropriations Assessment Assistive Technology New Textbook Adoptions Instructional Technology Vehicle Replacement Facility Maintenance Equipment Replacement of Roofs Revenues Federal Revenue Transfer from General Fund Fund Balance Reserve for CMERP - Schools School Caoital Fund Appropriations 1999 Bond Fund General Fund Schools From General Revenue 030-062-6889-6100-0583 030-062-6889-6100-0614 030-065-7600-6100-0613 030-065-7600-6302-0826 030-065-7600-6676-0808 030-065-7600-6681-0821 030-065-7600-6896-0809 030-062-6889-1102 030-060-6000-1037 030-3324 031-065-6068-6896-9001 031-065-6068-6896-9003 031-060-9709-6896-9182 031-065-6999-6896-9003 $ 892,855.00 892,855.00 15,041.00 74,084.00 300,000.00 150,000.00 200,000.00 200,000.00 450,000.00 89,125.00 892,855.00 407,145.00 56,271.00 56,365.00 (356,271.00) (56,365.00) 35 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ?J:~ 1 ~ Mary F. Parker City Clerk Q~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2005. No. 37223-101705. A RESOLUTION renaming the O. Winston Link Railwalk as the David R. and Susan S. Goode Railwalk. WHEREAS, David R. and Susan S.. Goode have contributed significant energies to many cultural and governmental organizations in the City, including service by David as president of the Art Museum, and as a member of the History Museum board, and service by Susan as a member and chair of the City Planning Commission and as a member of the Architectural Review Board; WHEREAS, in his capacities at various times as Chairman, President, Chief Executive Officer, and Director of the Norfolk Southern Corporation, David Goode has been instrumental in supporting the City, the Transportation Museum, and the O. Winston Link Museum, among other local organizations; and WHEREAS, Council wishes to honor David R. Goode upon his retirement from the Norfolk Southern Corporation after an outstanding career. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The name of the O. Winston Link Railwalk is hereby changed to the David R. and Susan S. Goode Railwalk. 36 2. The City Manager is requested to cause this renaming to be noted with the installation of appropriate signs to indicate the change in the name of the O. Winston Link Railwalk to the David R. and Susan F. Goode Railwalk. APPROVED ATTEST: /J ~~ J(~- Mary F. Parker City Clerk C. ~rtII {1~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2005. No. 37224-101705. AN ORDINANCE approving the Peters Creek South Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Peters Creek South Neighborhood Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the Peters Creek South Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on September 15, 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 ~IS.2-2204, Code of Virginia (1950), as amended, a public hearing on the proposed Plan was held before this Council on Monday, October 17, 2005, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. 37 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Peters Creek South Neighborhood Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Peters Creek South 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 ~.~ i.~ Mary F. Parker City Clerk Q.l{~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2005. No. 37225-101705. AN ORDINANCE authorizing the donation and conveyance of a ten foot by eighty foot easement and a forty foot by eighty foot temporary easement on City-owned property identified by Official Tax No. 1012103, on the Luck Avenue side of the Commonwealth Building, to Roanoke Gas Company, to install a new regulator station to replace an existing vault that is often flooded with runoff, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on October 17, 2005, pursuant to ~~IS.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. 38 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 eighty foot easement and a forty foot by eighty foot temporary easement on City-owned property identified by Official Tax No. 1012103, on the Luck Avenue side of the Commonwealth Building, to Roanoke Gas Company, to install a new regulator station to replace an existing vault that is often flooded with runoff, upon certain terms and conditions, and as more fully described in a letter of the City Manager to City Council dated October 17, 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: /) ~&ApJr~ J Mary F. Parker City Clerk e,U~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2005. No. 37226-101705. A RESOLUTION requesting that the Commonwealth Transportation Board establish an enhancement project for a greenway connection from the Lick Run Greenway to the Roanoke Civic Center, via Walker Avenue. WHEREAS, the City of Roanoke ("City") is requesting Transportation Enhancement funds in the amount of $480,000.00 for a greenway connection from the Lick Run Greenway to the Roanoke Civic Center, via Walker Avenue; WHEREAS, a greenway link from the Lick Run Greenway to the Roanoke Civic Center, via Walker Avenue, will provide for off road pedestrian and bicycle accommodation from the Hotel Roanoke and Greater Downtown Roanoke to the Roanoke Civic Center; 39 WHEREAS, the Link Run Greenway provides an off road connection northerly to the Valley View Mall and Roanoke Regional Airport area; and WHEREAS, City Council and the Metropolitan Planning Organization must endorse an application. prior to submittal to the Virginia Department of Transportation ("the Department") by the applicant by November 1, 2005. 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 a greenway connection from the Lick Run Greenway to the Roanoke Civic Center, via Walker Avenue, such project being more particularly described in the City Manager's letter dated October 17, 2005, to City Council. 2. Pursuant to the Transportation Equity Act for the 21" Century, the City hereby agrees to pay a minimum of twenty per cent (20%) of the total amount of. costs associated for a greenway connection from the Lick Run Greenway to the Roanoke Civic Center, via Walker Avenue, and that if the City subsequently elects to cancel this project, the City hereby agrees to reimburse 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, and such agreements requiring the City to be fully responsible for its matching funds as well as other obligations undertaken by the City by virtue of such agreements. 4. The City Clerk is directed to forward a copy of this resolution to the appropriate officials at the Commonwealth Transportation Board. APPROVED /{T"-'7 }. p ~ Mary F. Parker City Clerk c.~~ C. Nelson Harris Mayor 40 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2005. No. 37227-101705. A RESOLUTION requesting that the Commonwealth Transportation Board establish an enhancement project for completion of an open storage system for the O. Winston Link Museum, the newest operating division of the Historical Society of Western Virginia. WHEREAS, the Historical Society of Western Virginia ("Society") is requesting Transportation Enhancement funds in the amount of $172,000.00 to develop and create a customized display system, capable of safely storing more than 100 original photographs, for its newest operating division, the O. Winston Link Museum; WHEREAS, the open storage unit will provide the institution with the ability to appropriately house and display the balance of the collection's 275 photographic works, all documenting the waning days of the N & W steam locomotive program; WHEREAS, the open storage unit will allow patrons interested in photography and in regional and railway history to view all of the collection; and WHEREAS, City Council and the Metropolitan Planning Organization must endorse an application prior to submittal to the Virginia Department of Transportation ("the Department") by the applicant by November 1, 2005. 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 completion of an open storage system for the O. Winston Link Museum, such project being more particularly described in the City Manager's letter dated October 17, 2005, to City Council. 2. Pursuant to the Transportation Equity Act for the 21" Century, the City hereby agrees to pay a minimum of twenty per cent (20%) of the total amount of costs associated with the completion of an open storage system for the O. Winston Link Museum, and that if the City subsequently elects to cancel this project, the City hereby agrees to reimburse the Department for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 41 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, and such agreements requiring the City to be fUlly responsible for its matching funds as well as other obligations undertaken by the City by virtue of such agreements. 4. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a legally binding agreement with the project applicant, the Society, subject to the application being approved by the Department, requiring the applicant to be fully responsible for its matching funds as well as all other obligations undertaken by the City by virtue of the City/State Agreement, such agreement to be in such form as is approved by the City Attorney. S. The City Clerk is directed to forward a copy of this resolution to the appropriate officials at the Commonwealth Transportation Board. APPROVED ATTEST: 0 /) ~ if WJ.~ Ma~}. Parker City Clerk c..~1f~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'h day of November, 2005. No. 37228-110705. A RESOLUTION memorializing the late Jack Ronald '10hn" Marlles, former director of the Department of Planning and Community Development for the City of Roanoke. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Marlles on Tuesday, September 20, 2005; WHEREAS, Mr. Marlles was born in Albuquerque, New Mexico on June 27, 1953; 42 WHEREAS, although Mr. Marlles grew up in places as diverse as Germany and Hawaii, he considered New Jersey to be his home state; WHEREAS, Mr. Marlles graduated from Rutgers University and Virginia Commonwealth University; WHEREAS, Mr. Marlles went to work for the Virginia Department of Housing and Community Development in Richmond, Virginia, in 1979, where he was responsible for the introduction into the Commonwealth of Virginia Main Street Program and the Virginia Urban Enterprise Zone Program; WHEREAS, in 1987 Mr. Marlles became the head of the Department of Planning and Community Development in Roanoke, where he helped shape such projects as the reopening of Hotel Roanoke; WHEREAS, Mr. Marlles returned with his family to the Richmond area in 1998 to serve as director of the Planning Office for Henrico County and, in 2004, became Henrico's first director of Community Revitalization, heading a department he was responsible for creating; WHEREAS, in addition to his work, Mr. Marlles was a great supporter of the Boy Scouts of America and an avid Civil War buff; and WHEREAS, Mr. Marlles was a dedicated public servant who was known for his humility and generosity of community. 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 Jack Ronald "John" Marlles, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Marlles's widow, Robin M. Marlles, of Henrico County, Virginia. APPROVED ATTEST: a A~d. ~ Mary F. Parker City Clerk Q..1Aa.p~~ C. Nelson Harris Mayor 43 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2005. No. 37229-110705. AN ORDINANCE appropriating funds for the Get Alarmed, Virginia! 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 Wages FICA Advertising Supplies Revenues Get Alarmed Virginia Grant 035-520-3200-1002 035-520-3200-1120 035-520-3200-2015 035-520-3200-2066 $ 11,612.00 888.00 500.00 2,000.00 15,000.00 035-520-3200-3200 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: /J AMp .; MJ- Mary F. Parker City Clerk c. .'1AcJ...... ~ C. Nelson Harris Mayor 44 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7lh day of November, 2005. No. 37230-110705. A RESOLUTION authorizing the acceptance of the Get Alarmed, Virginia! Grant from the U.S. Centers for Disease Control and Prevention and the Virginia Department of Health, 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. Centers for Disease Control and Prevention and the Virginia Department of Health the Get Alarmed, Virginia! Grant in the amount of $15,000.00, no local matching funds are required. Such grant being more particularly described in the letter of the City Manager to Council, dated November 7, 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 Get Alarmed, Virginia! 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. Centers for Disease Control and Prevention and the Virginia Department of Health. APPROVED A.... 1.-P~ Mary F. Parker City Clerk c..~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2005. No. 37231-110705. A RESOLUTION concurring in the programming of new projects in the City of Roanoke's Six-Year Improvement Program FY 2007 - 2012 ("SYIP"). 45 WHEREAS, state and local agencies must continually develop long range transportation plans as required by the Federal Highway Act of 1962; WHEREAS, current projects in the SYIP are now fully funded or will be fully funded in FY 2007 and projected funding available to the City of Roanoke over the next six year period is $23,694,000; WHEREAS, the SYIP requires a local match representing two percent of local project costs over the six year period and these matching funds are budgeted; and WHEREAS, the Virginia Department of Transportation is seeking the City's concurrence in the programming of new projects in the City of Roanoke's SYIP. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council concurs in the programming of new projects in the City of Roanoke's Six-Year Improvement Program FY 2007 - 2012 (USYIP") for consideration by the Virginia Department of Transportation (UVDOT") and recommendation to the Commonwealth Transportation Board, as set forth in the City Manager's letter dated November 7, 2005, to City Council, and its attachments. 2. The City Clerk is directed to transmit an attested copy of this resolution to VDOT. APPROVED ~..... l.-P- Mary F. Parker City Clerk L.....t _ c.. r C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2005. No. 37232-110705. AN ORDINANCE amending Section 16-152, Exceotions from article, of Division 1, Generallv, of Article III, Fair Housinq Administration, of Chapter 16, Human Riqhts, of the Code of the City of Roanoke (1979), as amended, by the addition of subsection (8), to clarify that housing specifically for older persons is permitted in the City, in accordance with state and federal laws; and dispensing with the second reading by title of this ordinance. 46 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 16-152, Exceotions from article, of Division 1, Generallv, of Article III, Fair Housina Administration, of Chapter 16, Human Riahts, of the Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of subsection (8): See. 16-152. Exceotions from article Nothing contained in this article shall: * * * (8) Prohibit, limit, or in any way abridge the rights and remedies afforded housing for older persons, as defined herein and in accordance with the Federal Fair Housing Act of 1968, as amended, and the Virginia Fair Housing Law, as amended. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED nT"-I 1. f ~ Mary F. Parker City Clerk ~.WM- U'~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2005. No. 37233-110705. A RESOLUTION amending and adding certain fees and charges with regard to building inspections division permit fees, amending the Fee Compendium, and providing for an effective date. 47 BE IT RESOLVED by the Council of the City of Roanoke that pursuant to Section 110 of the Virginia Uniform Statewide Building Code (2000 edition), as amended, and Section 7-5 of the Code of the City of Roanoke (1979), as amended, adopting the Virginia Uniform Statewide Building Code (2000 edition), as amended, the following fees are hereby established: 1. Permit Fees. Type Permit Total Valuation Fee Combination, $0.01 to $1000.00 $45.00 Building, Electrical, $1000.01 to $50,000.00 $45.00 for the first Plumbing, $1000.00 plus $5.00 for Mechanical, Cas, each additional Elevator, Tanks, Fire thousand or fraction Suppression thereof, to and including Systems, Alarm $50,000.00. Systems, Demolition, $50,000.01 to $290.00 for the first Utility Commercial $100,000.00 $50,000.00 plus $4.00 for each additional thousand or fraction thereof, to and including $100 000.00. $100,000.01 to $490.00 for the first $250,000.00 $100,000.00 plus $3.50 for each additional thousand or fraction thereof, to and including $250,000.00. $250,000.01 to $1,015.00 for the first $500,000.00 $250,000.00 plus $3.25 for each additional thousand, to and includinQ $500,000.00. $500,000.01 and up $1,827.50 for the first $500,000.00 plus $3.00 for each additional thousand. 48 2. Plan Review. When the details of proposed construction requires a plan to be submitted to the Building Commissioner, a Plan Review Fee shall be paid to the Inspections Division at the time of submission of the plans and specifications for review. The Plan Review Fee shall be equal to one-tenth (10%) of the building permit fee as shown in this schedule. The Plan Review Fee may be revised during the technical review process and the Plan Review Fee is in addition to the permit fee. Site plan review fees as required by applicable Zoning Ordinance regulations may also apply to some projects. 3. Permit Cancellation Fee. In the case of a revocation of a permit or abandonment or discontinuance of a building project, refunds for the portion of the work that was not completed will be made after written application to the Building Commissioner. An inspection of the site may be required to determine the status of the work. Calculations for the percentage of work complete and amount of refund will be made by the Building Commissioner. A minimum fee of $90.00 will be retained by the City from each permit to cover the administrative costs for issuance and cancellation of the permit and inspection of the site. For total permit fees less than $90.00, no refund will be made. 4. Building Moving Fee. $ 100.00.00 S. Commencing Construction without Permit Fee. Any person who commences any work for which a permit is required, prior to obtaining the permit, shall pay a sum equal to twice the normal permit fee up to a maximum of $250.00 and payment thereof shall not relieve such person from prosecution as described in Title 36, Chapter 6, Section 106 of the Code of Virginia for violating the building code by commencing work without the permit. Emergency repairs are not subject to this fee, if guidelines in the Virginia Uniform Statewide Building Code are followed. 6. 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 and new fees. 7. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 49 8. The fees established by this Resolution shall remain in effect until amended by this Council. 9. 2005. This Resolution shall be in full force and effect on November 16, APPROVED ATTEST: A~ le~ r;~~~ C. Nelson Harris Mayor Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'h day of November, 2005. No. 37234-110705. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by adding a new Article IV, Horse-Drawn Vehicles, to Chapter 34, Vehicles for Hire; 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 Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to add a new Article IV, Horse-Drawn Vehicles, to Chapter 34, Vehicles for Hire. to read and provide as follows: ARTICLE Ill. HORSE-DRAWN VEHICLES Sec.34-13S.Authoritv for and OUrDose of article. This article is adopted under the general police powers granted to the city by its charter and general law. It is not intended hereby to grant or offer any franchise, but it is intended to regulate the operation of horse-drawn vehicles in the city. 50 See. 34-136. Comoliance with article aenerallv. The operation of horse-drawn vehicles within the city shall be subject to the conditions, regulations and restrictions set forth in this article, and it shall be unlawful to operate or cause to be operated in the city for hire any horse-drawn vehicle, unless the conditions, regulations and restrictions prescribed in this article are complied with. See. 34-137. Rules and reaulations of citv manaaer. The city manager is authorized and directed to make and enforce such rules and regulations, not in conflict with the provisions of this article, as the city manager may deem proper to regulate the operation of horse-drawn vehicles in the city; provided, that no such regulation shall be made or enforced in conflict with this code. Such regulations shall address the following, but are not limited to: (1) Routes, and when and where and under what conditions horse drawn vehicles shall be allowed to operate in the city. (2) Types, conditions, equipping, and required safety equipment for horse-drawn vehicle. (3) Regulations regarding the horses which may be used and their care, health, safety, and welfare. See. 34-138. License reauired. No person shall engage in the business of operating horse-drawn vehicles for hire on any street in the city without having obtained from the city manager a permit to operate such business. No business license for such a business shall be issued unless and until such permit has been issued. See. 34-139. Filina and contents of aoolication. Application for a permit required by this article shall be filed with the city manager and shall set forth: (1) The name and address of the applicant. (2) The trade name under which the applicant does or proposes to do business. (3) Where the horse-drawn vehicles will be kept when not in use. (4) The number of horse-drawn vehicles the applicant desires to operate. (5) Whether the applicant has been convicted of a violation of any federal, state or municipal law. (6) An agreement or stipulation that the applicant will operate and continue to operate during the period of time the permit shall remain in effect in accordance with applicable laws and regulations, as the same may, from time to time, be amended. (7) Any other information required by the city manager. See. 34-140. Licensina orocedure. Upon presentation of a permit issued pursuant to this article, within thirty (30) days of its issuance, and satisfactory evidence that all license fees have been paid to the city treasurer and that the insurance policy or bond required by section 34-141 has been duly filed, the commissioner of revenue shall issue to the applicant a license for each and every horse-drawn vehicle specified in such permit; provided, however, that any such permit shall be effective until cancelled, and no additional permit shall be required for the purpose of obtaining licenses, so long as the original permit remains in effect. 51 52 See. 34-141. Liabilitv insurance or bond. (a) No horse-drawn vehicle shall be operated or license issued therefore unless the owner has filed with the city manager a liability insurance policy issued by an insurance company authorized to do business in the state, providing for liability insurance with a combined single limit which shall equal or exceed the sum of one hundred twenty-five thousand dollars ($125,000.00). (b) In lieu of the insurance policy referred to in subsection (a) above, the owner of a horse-drawn vehicle may deposit its bond on which a surety company authorized to do business in the state is obligated, naming the city as obligee and insuring persons who may be injured or whose property may be damaged by the operation of such horse-drawn vehicle, in the same amount, and conditioned that action may be brought thereon by any person so damaged against the surety company for the amount of such damage, up to the amount named therein. (c) The insurance policy or bond provided for in this section shall be subject to the approval of the city manager. (d) The policy of insurance or bond deposited pursuant to this section shall contain a clause obligating the company issuing the same to give twenty (20) days' notice in writing to the city manager before cancellation thereof. The license for the operation of such horse-drawn vehicle shall expire upon the lapse or termination of such policy or bond, subject to reinstatement upon compliance with the provisions hereinabove contained, but such cancellation shall not relieve the insurance or surety company of liability for any injury happening before such cancellation becomes effective. See. 34-142. Investioation of and hearino on aoolication: determination of citv manaoer: issuance: aooeals. (a) The city manager shall make or cause to be made an investigation, including any hearing deemed desirable, as to each application for permit, and shall determine whether or not the applicant is a person of suitable character and qualifications to conduct such business. In determining this latter question, the city manager may investigate the fitness of the officers and stockholders of any corporation making such application. If the city manager determines that the applicant has met all applicable requirements of this article and that the applicant is fit to provide such horse-drawn vehicle service, the city manager shall issue a permit indicating the maximum number of such vehicles which may be placed into operation by the owner. (b) Any applicant who is denied a permit or any person whose permit has been suspended or revoked may appeal such denial by filing a written notice of appeal pursuant to the provisions of 934-99. See. 34-143. Susoension or Revocation. (a) A permit issued under the provisions of this article may be revoked or suspended for a specified period of time by the city manager if the holder thereof has violated any of the provisions of this article or any ordinance of the city or any federal or state law, the violation of which reflects unfavorably on the fitness of the holder of the permit to offer service. (b) Prior to suspension or revocation, the holder shall be given reasonable notice of the proposed action to be taken and shall have an opportunity to present to the city manager evidence as to why the permit should not be revoked or suspended. 53 54 See. 34-144. Stoooino in street: interferino with traffie. No driver of any horse-drawn vehicle shall stop, load, or unload any passengers in the intersection of any streets or on any crosswalk. No such vehicle shall in any way impede or interfere with the orderly flow of traffic on the streets. See. 34-145. Diaoerino aooaratus re~uired. It shall be unlawful for any person, firm, corporation or other entity to utilize any horse for the purpose of pulling any vehicle on city streets unless such horse is equipped with diapering apparatus that prevents the droppings of such horse from being deposited or otherwise left on city streets. It shall be the responsibility of the person, firm, corporation or other entity utilizing any horse for the purpose of pulling a vehicle to see that the diapering apparatus is maintained in working order. See. 34-146. Vehicle stands. The city manager may cause to be designated stands for horse-drawn vehicles at such places within the city as, in the city manager's judgment, will best serve the convenience and necessity of the publie. See. 34-147. Records of trios. Accurate records of all calls or trips made by horse-drawn vehicles, the time of beginning and ending of such trips and the fares collected therefore shall be kept and such records shall be available for the inspection and use of the police department for official purposes only, and for the inspection of the director of finance for official purposes only. See. 34-148. Driver's license. No person shall operate a horse-drawn vehicle on the streets of the city unless and until they have obtained from the city manager a special license to be known as a "horse-drawn vehicle operator's license': The procedure and requirements for obtaining such a license shall be as set out in 934-110, et seo. of this code. 55 5ee. 34-149. Fees. The fee for a permit to operate a horse-drawn vehicle business in the city shall be $45.00. The fee for a horse- drawn vehicle operator's license shall be $20.00. 5ee. 34-150. Violations of article Qenerallv. Any violation of any of the provisions of this article shall constitute a Class 3 misdemeanor. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. APPROVED AT... 1. L t .1\,,&t\. ~ Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2005. No. 37235-110705. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's contract with Cederquist Rodriguez Ripley, P.c., d/b/a Rodriguez Ripley Maddux Motley for additional professional services for the Police Building, Phase II Project. 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 such additional Amendments as may be necessary to the City's contract with Cederquist Rodriguez Ripley, P.c., d/b/a Rodriguez Ripley Maddux Motley, for additional professional services for the Police Building, Phase II Project, all as more fully set forth in the City Manager's letter to this Council dated November 7, 2005. 56 2. The form of such Amendments shall be approved by the City Attorney. 3. Such Amendments will provide authorization for additions to the work, with an increase in the amount of the contract and provided the total amount of such Amendments will not exceed an additional $40,000.00, all as set forth in the above letter. APPROVED 7\--, :J~ Mary F. Parker City Clerk c. W"'" ~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2005. No. 37236-110705. AN ORDINANCE appropriating funds for the Local Law Enforcement Block 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 Overtime Wages Overtime Wages FICA Revenues LLEBG FY 2003-05 LLEBG FY 2004-06 035-640-3550-1003 035-640-3552-1003 035-640-3552-1120 035-640-3550-3552 035-640-3552-3556 $ 400.00 1,393.00 107.00 400.00 1,500.00 57 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED /r,~ -JP~ Mary F. Parker City Clerk c... 'Y\~.... ~ ~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'h day of November, 2005. No. 37237-110705. A RESOLUTION authorizing the filing of a. petition to amend the conditions attaching to the zoning of property which is owned by the City of Roanoke and which is designated as Official Tax No. 1460101. WHEREAS, the City of Roanoke owns certain property designated as Official Tax No. 1460101; WHEREAS, such property is currently zoned INPUD, Institutional Planned Unit Development District; and WHEREAS, it is the desire of City Council to consider an amendment of the conditions of the zoning of such property for the purpose of permitting the development of a school sports stadium on such property. 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 support the filing of a petition to amend the conditions attaching to the zoning of the subject property for the purpose of permitting the development of a school sports stadium, in the location generally designated on the plan attached hereto as Exhibit A. 58 2. That the City Manager is authorized to file a petition to amend the conditions attaching to the zoning of the subject property for the purpose of permitting the development of a school sports stadium, in the location generally designated on the plan attached hereto as Exhibit A. APPROVED AT...., !.L Mary F. Parker City Clerk c.~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2005. No. 37238-110705. A RESOLUTION changing the time of commencement and the place of the regular meeting of City Council scheduled to be held at 2:00 p.m. on Monday, November 21, 2005. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The time of commencement and the place of the regular meeting of City Council scheduled to begin at 2:00 p.m. on Monday, November 21, 2005, in the City Council Chambers of the Noel C. Taylor Municipal Building, is changed to commence at 12:00 noon on that date in Room 159 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. 59 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 November 21,2005. APPROVED ATTEST: /'J ~~ .J. (~I<~ Mary F. Parker City Clerk c ~~c6t~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37239-112105. A RESOLUTION memorializing the late George F. Pollash, a longtime resident of the Roanoke Valley and Citizen of the Year in 1989. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Pollash on November 6, 2005; WHEREAS, Mr. Pollash was born March 2, 1926 in Shamokin, Pennsylvania; WHEREAS, Mr. Pollash was a Navy Veteran of World War II; WHEREAS, Mr. Pollash was retired from the Reading Railroad; WHEREAS, Mr. Pollash served as director of the Presbyterian Community Center from 1976 to 1991; WHEREAS, in 1989 Mr. Pollash was recognized as Roanoke's Citizen of the Year for his work at the Center; and WHEREAS, Mr. Pollash was a member of Raleigh Court Presbyterian Church for 38 years, where he served as a deacon and an elder. 60 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 George F. Pollash, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Pollash's widow, Lois M. Pollash, of Salem, Virginia. APPROVED ~.~ J. fL.- Mary F. Parker City Clerk c.~4~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37240-112105. A RESOLUTION naming Nicholas F. Taubman as Roanoke's Citizen of the Year for the year 2005. WHEREAS, Mr. Taubman is a graduate of Mercersburg Academy in Mercersburg, Pennsylvania; WHEREAS, Mr. Taubman received his Bachelor of Science in Economics from the Wharton School of Finance & Commerce and the University of Pennsylvania; WHEREAS, Mr. Taubman, is a lifelong Roanoker; WHEREAS, Mr. Taubman has contributed significant energies to many cultural, educational and governmental organizations in the City and has a long history of political and charitable involvement in the Roanoke Valley; 61 WHEREAS, over the years, in addition to fulfilling the difficult demands of running a Fortune 500 company based in the Roanoke Valley, Mr. Taubman has been instrumental in supporting the City and served as a member of City Council from November 26, 1975 to June 30, 1978; WHEREAS, Mr. Taubman has served as a member of the Board of Directors of the Roanoke Central YMCA, Junior Achievement, Virginia College Fund, Blue Ridge Mountains Council - American Boy Scouts, Greenvale Nursery, Dominion Bankshares, Roanoke Valley Industries, Roanoke Merchants Association, Roanoke Symphony Orchestra and at present serves as a member of the Board of Directors of Advance Auto Parts and Shenandoah Life Insurance Company. He serves on the Board of Regents of the Mercersburg Academy, Mercersburg, Pennsylvania. He is a member of the Temple Emanuel and World President's Organization and is a Trustee of the Virginia Historical Society; and WHEREAS, Mr. Taubman has been nominated to be the next U. S. ambassador to Romania and if confirmed by the Senate, Mr. Taubman will move to Bucharest and serve for approximately three years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Nicholas F. Taubman be named Citizen of the Year for the year 2005 in the City of Roanoke, Virginia. APPROVED ATTEST: /J ~~ -l r~l, Mary F. Parker City Clerk \ ~.~'^"v ~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37241-112105. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2006 Session of the General Assembly. 62 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 21, 2005, recommended to Council a Legislative Program to be presented at the 2006 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 21, 2005, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2006 Session of the General Assembly. 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2006 Session of the General Assembly to attend Council's meeting relating to legislative matters, to be held at 12:00 noon, on December 5, 2005. APPROVED ATTEST: /J /l ~. .Jr~ , f"\. , C2,VU-v~~ Mary F. Parker City Clerk C. Nelson Harris Mayor 63 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37242-112105. AN ORDINANCE appropriating funding from the Commonwealth of Virginia for the Virginia Circuit Court Records Preservation 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 Fees for Professional Services 035-120-5145-2010 Revenues Records Preservation Program 035-120-5145-5145 $26,980.00 26,980.00 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: R A4A~. /.J ~ () Mary F. Parl<er City Clerk c.,WM~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37243-112105. A RESOLUTION authorizing acceptance of funds from the Library of Virginia through the Virginia Circuit Court Records Preservation Program to the Clerk of the Circuit Court to provide for converting certain original paper Court records to both digital images and preservation microfilm, and authorizing the Clerk of the Circuit Court to execute any and all necessary documents to comply with the terms and conditions of such grant. 64 BE IT RESOLVED by the Council of the City of Roanoke that: 1. Funds from the Library of Virginia through the Virginia Circuit Court Records Preservation Program to the Clerk of the Circuit Court to provide for converting certain original paper Court records to both digital images and preservation microfilm, in the amount of $26,980.00, as set forth in the Clerk of the Circuit Court's letter to Council dated November 21, 2005, are hereby ACCEPTED. 2. The Clerk of the Circuit Court is authorized to execute any and all requisite documents pertaining to the acceptance of these funds and to furnish such additional information as may be required in connection with the acceptance of these funds. All documents shall be approved by the City Attorney. APPROVED ATTEST: 0 /\ ~ .jr tv-A- Mary F. Parker City Clerk t~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37244-112105. AN ORDINANCE appropriating funding from the Commonwealth of Virginia and Federal governments for the Community Oriented Policing Services (COPS) Interoperable Communications Technology 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 Fees for Professional Services Expendable Equipment Training & Development Furniture & Equipment Other Equipment Revenues COPS Interoperable Communications - Federal COPS Interoperable Communications - State 035-430-3461-2010 035-430-3461-2035 035-430-3461-2044 035-430-3461-9005 035-430-3461-9015 035-430-3461-3461 035-430-3461-3462 65 $ 276,604.00 54,994.00 33,750.00 254,889.00 535,190.00 866,570.00 288,857.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: /J A~ .jr~~...~- Mary F. Parker City Clerk APPROVED c. UtLcf:{~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37245-112105. A RESOLUTION authorizing the acceptance of a COPS Interoperable Communications Technology 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: 66 1. The City Manager is hereby authorized on behalf of the City to accept from the U. S. Department of Justice a COPS Interoperable Communications Technology Grant in the amount of $866,570.00, with the Virginia State Police providing an additional $288,857.00 in local matching funds. Such grant being more particularly described in the letter of the City Manager to Council dated November 21,2005. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the COPS Interoperable Communications Technology 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 Justice. APPROVED ATTEST: /J ~ 4V 6 } rtAAb-- Mary F. Parker City Clerk L Wl.-.#~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37246-112105. AN ORDINANCE appropriating funding from the Commonwealth of Virginia for the Occupant Protection/Safety Restraint and Enhanced Impaired Driving Enforcement Grants, amending and reordaining certain sections of the 2005-2006 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 67 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 Wages FICA Expendable Equipment Overtime Wages FICA Revenues Enhanced Impaired Driving Enforcement Occupant Protection 035-640-3433-1003 035-640-3433-1120 035-640-3433-2035 035-640-3434-1003 035-640-3434-1120 035-640-3433-3433 035-640-3434-3434 $11,148.00 852.00.00 3,000.00 9,290.00 710.00 15,000.00 10,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ~T~ Jfw-- Mary F. Parker City Clerk APPROVED ell~Lt c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37247-112105. A RESOLUTION accepting the Occupant Protection/Safety Restraint and Enhanced Impaired Driving Enforcement Grant offer made to the City by the U.S. Department of Transportation and authorizing execution of any required documentation on behalf of the City. 68 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the U.S. Department of Transportation of the Occupant Protection/Safety Restraint and Enhanced Impaired Driving Enforcement Grant in the amount of $10,000, such grant being more particularly described in the letter of the City Manager, dated November 21,2005. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the Occupant Protection/Safety Restraint and Enhanced Impaired Driving Enforcement 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 Transportation. APPROVED ATTEST: /) ~~ .J r~l." Mary F. Parker City Clerk C'U~~wW. C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37248-112105. 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. 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: 69 Appropriations Administrative - Wages Adult - Contractual services Dislocated Worker - Contractual services Revenues Workforce Investment Act Grant FY06 035-633-2320-8050 035-633-2321-8057 035-633-2322-8057 $ 9,458.00 96,200.00 78,919.00 035-633-2320-2320 194,577.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~T~ lP~ ~~ Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37249-112105. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act funding of $194,577 for Program Year 2005 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: 1. Investment ACCEPTED. The Western Virginia Workforce Development Board Workforce Act funding of $194,577 for Program Year 2005 is hereby 70 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 November 21, 2005, to City Council. APPROVED ?\~l~ Mary F. Parker City Clerk c~~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37250-112105. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by adding a new Article IX, Abatina Bawdv Places to Chapter 21, Offenses - Miscellaneous. 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 Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by adding a new Article IX, Abatina Bawdv Places, to Chapter 21, Offenses - Miscellaneous to read and provide as follows: ARTICLE IX Abatino Bawdv Places. 5ee. 21-215. Definitions. As used in this article: Affidavit means the affidavit prepared by a locality in accordance with section 21-216 hereof. 71 Bawdv place means the same as that term is defined in section 18.2-347 of the Code of Virginia. Corrective action means the taking of steps which are reasonably expected to be effective to abate a bawdy place on real property, such as removal, repair or securing of any building, wall or other structure. Owner means the record owner of real property. Prooertv means real property. See. 21-216. Affidavit and notice reouirements. In addition to enforcement procedures established elsewhere, the city manager is authorized to undertake corrective action with respect to a bawdy place on real property in accordance with the procedures described herein. (a) The city manager or the city manager's designee shall execute an affidavit, citing section 15.2-908.1 of the Code of Virginia and this article, and affirming that a bawdy place exists on certain property in the manner described therein; that the city has used due diligence without effect to abate the bawdy place; and that the bawdy place constitutes a present threat to the publiCS health, safety or welfare. A present threat to the publics health, safety and welfare is defined as the regular presence on the property of persons who engage in aid or give any information or direction to any person with the intent to enable such person to commit acts of lewdness, assignation or prostitution. (b) The city manger shall submit the affidavit to the city attorney requesting that the last known owner of the property be notified by regular mail sent to the last known address as it appears in the assessment records of the city. The notice and a copy of the affidavit shall advise the owner that the owner has up to thirty (30) days from the date thereof to undertake corrective action to abate the bawdy place described in the affidavit and, that if requested to do so, the city will assist the owner in determining and coordinating the appropriate corrective action to abate the bawdy place described in the affidavit. See. 21-217. Failure to take corrective action. 72 If no corrective action is undertaken by the owner of the property within thirty (30) days from receipt of notice from the city as provided for in section 21-216, the city attorney shall send by regular mail an additional notice to the owner of the property, at the address stated in the assessment records of the city. This final notice shall state that within fifteen (15) days from the mailing of the notice, the city will commence to abate the bawdy place taking such corrective action as is described in the notice which may include, but is not limited to, the removal of the building or other structure so as to abate the bawdy place on the property. Upon receipt of this final notice, the owner shall have the right, upon reasonable notice to the city, to seek equitable relief, and the city shall initiate no corrective action while a proper petition is pending before a court of competent jurisdiction. 5ee. 21-218. Assessment of costs. If the city undertakes the corrective action with respect to the property after complying with the notice provisions found herein, the costs and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the city in the same manner as taxes and levies are collected. Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property with the same priority as liens for unpaid local real estate taxes and enforceable in the same manner as provided in articles 3 (section 58.1-3940 et seq.) and 4 (section 58.1-3965 et seq.) of chapter 39, title 58.1 of the Code of Virginia (1950), as amended. 5ee. 21-219. Corrective action bv owner. If the owner of such property takes timely corrective action pursuant to this article, the city shall deem the bawdy place abated and shall close the proceeding without any charge or costs to the owner and shall promptly provide written notice to the owner that the proceeding has been terminated satisfactorily. The closing of a proceeding shall not bar the city from initiating a subsequent proceeding if the bawdy place recurs. 73 See. 21-220. Abridoement of riohts. Nothing in this section shall be construed to abridge or waive any rights or remedies of an owner of property at law or in equity. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. APPROVED ?/;:, j L Mary F. Parker City Clerk Q.~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37251-112105. AN ORDINANCE to appropriate TEA-21 Enhancement Grant funding to be provided by VDOT for the O. Winston Link Museum, 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 008-530-9848-9007 $55,000.00 Revenues O. Winston Link Museum T-21 Grant 008-530-9848-9836 55,000.00 74 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~.... -J p~ Mary F. Parker City Clerk C~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37252-112105. AN ORDINANCE to appropriate additional TEA-21 Enhancement Grant funding to be provided by VDOT for the Dumas Artistic and Cultural Center Prctject, 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 008-530-9825-9007 $40,000.00 Revenues Dumas Center Enhancement T -21 Grant 008-530-9825-9806 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 ~~dP~ Mary F. Parker City Clerk c,~~ C. Nelson Harris Mayor 75 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37253-112105. AN ORDINANCE appropriating funding for the State Asset Sharing Program and Federal Forfeited Property 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 Wages FICA Fees for Professional Services Investigations and Rewards Other Equipment Revenues State Asset Forfeiture-Interest 035-640-3302-3299 824.00 State Asset Forfeiture 035-640-3302-3300 37,983.00 Federal Forfeiture Program 035-640-3304-3305 952,621.00 Federal Forfeiture Program-Interest 035-640-3304-3306 3,688.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 035-640-3302-1003 035-640-3302-1120 035-640-3304-2010 035-640-3304-2150 035-640-3304-9015 $36,050.00 2,757.00 75,000.00 783,696.00 97,613.00 APPROVED A,T--o J. P ~ Mary F. Parker City Clerk c/w~ C. Nelson Harris Mayor 76 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37254-112105. A RESOLUTION authorizing payment of supplementary compensation and restoration of certain benefits to employees who are called to active military duty and serve between October 1, 2005 and September 30, 2006. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City shall pay, upon request, to any City employee who, between October 1, 2005, and September 30, 2006, is called to 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 regular City salary and military base pay plus any other compensation received for such 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. Any City vacation or paid leave used by such employees during active duty related to our country's war on terrorism shall be restored. 3. 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. 4. 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 ';ES~ J. L Mary F. Parker City Clerk ~.~~ C. Nelson Harris Mayor 77 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37255-112105. A RESOLUTION authorizing the City Manager to donate a 1998 Ford pickup truck equipped as an animal control vehicle to the Roanoke Valley Society for the Prevention of Cruelty to Animals, Inc. (RVSPCA). WHEREAS, the City of Roanoke, through its normal vehicle replacement program has a surplus animal control vehicle available; and WHEREAS, the donation of such surplus vehicle to the RVSPCA will benefit the City of Roanoke and the surrounding areas. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized and directed to donate to the Roanoke Valley Society for the Prevention of Cruelty to Animals, Inc., a 1998 Ford pickup truck equipped as an animal control vehicle, City shop number 1265. 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 documents to donate the surplus vehicle to the RVSPCA, such agreement to be in a form approved by the City Attorney. APPROVED r\~J~ Mary F. Parker City Clerk e. I l\Qt.v 4~ -; C. Nelson Harris Mayor 78 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37256-112105. A RESOLUTION authorizing the City Manager to execute Amendment No.1 to an agreement dated January 9, 2001, between the Roanoke City School Board and the City of Roanoke, allowing the City to operate a fitness center at Jackson 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, Amendment No. 1 to an agreement dated January 9, 2001, between the Roanoke City 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 Jackson Middle School for use by the general public, as more fully set forth in the City Manager's letter dated November 21, 2005, to this Council. APPROVED ATTEST: /) ~~ -1 raJ.-," - Mary F. Parker City Clerk c~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37257-112105. AN ORDINANCE to appropriate funding for the 2005-2006 Title II, Part A Program, Teaching American History Grant, and 2005-2006 Race to GED Program, amending and reordaining certain sections of the 2005-2006 School Fund Appropriations and dispensing with the second reading by title of this ordinance. 79 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 Teachers 030-061-6270-6000-0121 $ 28,096.00 Field Coordinator 030-062-6341-6312-0121 54,000.00 Teacher Workshops 030-062-6341-6312-0129 184,000.00 Social Security 030-062-6341-6312-0201 4,131.00 Indirect Costs 030-062-6341-6312-0212 1,053.00 Contracted Services 030-062-6341-6312-0313 76,500.00 Travel 030-062-6341-6312-0551 30,000.00 Conference Expenses 030-062-6341-6312-0554 47,585.00 Memberships 030-062-6341-6312-0581 6,504.00 Research Funds 030-062-6341-6312-0587 20,000.00 Administrative Costs 030-062-6341-6312-0601 30,000.00 Contracted Services - State Agencies 030-062-6341-6312-0385 539,287.00 GED Examiners 030-062-6792-6550-0121 4,400.00 Social Security 030-062-6792-6550-0201 334.00 Testing Fee Tuition 030-062-6792-6550-0382 6,525.00 Supplies 030-062-6792-6550-0614 891.00 Revenues Federal Grant Receipts 030-061-6270-1102 28,096.00 Federal Grant Receipts 030-062-6341-1102 993,060.00 State Grant Receipts 030-062-6792-1100 12,150.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ;;'ES~ 1. L Mary F. Parker City Clerk ~. ~4--.: C. Nelson Harris Mayor 80 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37258-112105. AN ORDINANCE exempting from real estate taxation certain property of the Kuumba Community Health & Wellness Center, 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 Kuumba Community Health & Wellness Center, 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 November 21,2005; 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; 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. 2762101, commonly known as 3716 Melrose Avenue, N.W., (the Property"), and owned by the Applicant, and providing that the 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: 81 1. Council classifies and designates the Kuumba Community Health & Wellness Center, 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. 2762101, commonly known as 3716 Melrose Avenue, N.W., and 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 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 Eileen G. Lepre, Executive Director of the Kuumba Community Development & Wellness Center. S. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ ~ ~ .j (CvJ.< Mary F. Parker City Clerk ~IUaQ~ C. Nelson Harris Mayor 82 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2005. No. 37259-112105. AN ORDINANCE approving the Garden City Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Garden City Neighborhood Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the Garden City Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on October 20, 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 ~IS.2-2204, Code of Virginia (1950), as amended, a public hearing on the proposed Plan was held before this Council on Monday, November 21, 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 Garden City Neighborhood Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Garden City 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. 83 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 7\.., :1.-L Mary F. Parker City Clerk Q. 4e~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of December, 2005. No. 37260-120505. AN ORDINANCE appropriating additional funding for the Summer Food 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 Temporary Employee Wages 035-630-5189-1004 Revenues Summer Food Program Grant FYOS 035-630-5189-5289 $ 12,464.00 12,464.00 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~;'~ Mary F. Parker City Clerk Q. ~4\~ C. Nelson Harris Mayor 84 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The S'h day of December, 2005. No. 37261-120505. A RESOLUTION authorizing acceptance of additional allowable reimbursements from the USDA Food and Nutrition Service in the amount of $12,464.00 on behalf of the City to provide for the nutritional needs of 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. Additional funding from the USDA Food and Nutrition Service in the amount of $12,464.00 to provide for the nutritional needs of children and youth during the summer months, as set forth in the City Manager's letter dated December 5, 2005, to City Council, is hereby ACCEPTED. 2. The City Manager, or the City Manager's designee, is authorized to execute, and the City Clerk is authorized to attest, for and on behalf of the City, any and all requisite documents pertaining to the City's acceptance of the additional funding from the USDA Food and Nutrition Service and to furnish such additional information as may be required in connection with the City's acceptance of the foregoing funds. All documents to be executed on behalf of the City shall be approved as to form by the City Attorney. APPROVED ATTEST: /J A~ -Jr~.~ Mary F. Parker City Clerk (.l\J,,--,4~ c. Nelson Harris Mayor 85 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of December, 2005. No. 37262-120505. AN ORDINANCE amending ~7-S, Adooted: where cooies filed, and V-3S, Definitions, of Article II, Buildina Code, of Chapter 7, Buildina Reaulations, of the Code of the City of Roanoke (1979), as amended, to update code enforcement regulations; 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 Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending ~7-S, Adooted: where cooies filed, and V-3S, Definitions, of Article II, Buildina Code, of Chapter 7, Buildina Reaulations. to read and provide as follows: See. 7-5. Adooted: where cooies filed. The provisions, requirements and regulations contained in the Virginia Uniform Statewide Building Code (2003 reoo edition), and each of the component parts, including, but not limited to, the International Building Code (2003 reoo edition), the International Property Maintenance Code (2003 reoo edition), the International Plumbing Code (2003 reoo edition), the International Mechanical Code (2003 reoo edition), the National Electrical Code (2002 T999 edition), the International Fuel Gas Code (2003 reoo edition), the International Energy Conservation Code (2003 reoo edition), the International Residential Code for One and Two-Family Dwellings (2003 reoo edition), and the International Existing Building Code (2003 edition), including all supplements to such component parts, as the same may from time to time be amended by the State Board of Housing and Community Development, are hereby adopted by the city and incorporated herein by reference as if set out at length herein. The Virginia Uniform Statewide Building Code (2003 reoo edition), and its component parts, shall be controlling in the construction, reconstruction, alteration, enlargement, repair, maintenance, conversion or demolition of buildings and other structures contained within the corporate limits of the city. Such code, or any of its components, shall be referred to in this chapter as the building code. Copies of the building code shall be kept on file in the office of the building commissioner and in the office of the city clerk. 86 * * * See. 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: * * * Building code means that portion of the building code entitled, "tEE 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 tEE International Property Maintenance Code. * * * 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 AT~ j~ Mary F. Parker City Clerk (. UtQf-#~. C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The S'h day of December, 2005. No. 37263-120505. A RESOLUTION providing for an amendment to the fees charged for the use of market spaces at the Roanoke City Market, with such changes to be effective January 1, 2006; and directing amendment of the Fee Compendium. BE IT RESOLVED by the Council of the City of Roanoke as follows: 87 1. As set out in the City Manager's letter to Council dated December 5, 2005, the market space fees for the use of spaces at the Roanoke City Market shall be, and hereby are, amended in accordance with the following fee schedule, which shall be effective on January 1, 2006: DAILY PERMIT: · Monday through Thursday - $10.00 per space per day. · Friday and Saturday - $15.00 per space per day. PRIMARY /SHARED PERMIT: · SIX MONTH PERMIT: Six month permits at $35.00 per space per month. · SINGLE MONTH PERMIT: Monthly permits at $40.00 per space per month only during the months of January through October. · SATURDAY ONLY PERMIT: Six month minimum at $40.00 per space per month. · HOLIDAY SEASON PERMIT: (November 1 through December 31). Two month minimum at $75.00 per space per month. · SPREADING FEE: $5.00 per space per day. . CLEANUP FEE: Actual cost of cleanup per Section VIII (C) of the Market Handbook. 2. 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 reflect the new market space fees for the Roanoke City Market as set forth above. APPROVED ATTEST: ^~ Mary F. Parker City Clerk J~ c..lkQ~4t~ C. Nelson Harris Mayor 88 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of December, 2005. No. 37264-120505. AN ORDINANCE to appropriate funding from the Commonwealth for various Department of Social Services programs, 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 Refugee Resettlement ADC Foster Care Special Needs Adoption Adoption Incentive Funds Subsidized Adoption IV-E Revenues Foster Care Refugee Program 001-630-5313-3150 001-630-5314-3115 001-630-5314-3130 001-630-5314-3131 001-630-5314-3155 $ 9,000.00 232,000.00 81,000.00 1,000.00 142,000.00 001-110-1234-0675 001-110-1234-0679 456,000.00 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. APPROVED /,\..., ;~ Mary F. Parker City Clerk (.~,-cl{~ C. Nelson Harris Mayor 89 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of December, 2005. No. 37265-120505. 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 Faison- Southern Lane, LLC (FSL) that provides for certain undertakings by the parties in connection with the development of certain property located along U.S. Route 220/Franklin Road, in the City of Roanoke; and dispensing with the second reading by title of this Ordinance. WHEREAS, FSL has proposed the development of certain property located along U.S. Route 220jFranklin Road; WHEREAS, the development of the site will require significant infrastructure cost for the site development in order to provide for retail activity; WHEREAS, FSL has requested an economic development grant through the IDA to assist in the unusual expense for development of the site; 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 FSL 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: 1. City Council hereby approves the terms of the Performance Agreement among the City, the IDA, and FSL, as set forth in the attachment to the City Manager's letter to Council dated December 5, 2005, which provides for certain undertakings and obligations by FSL, as well as certain undertakings by the City and the IDA. City Council further finds that the economic development grant provided for by the Performance Agreement will promote economic development within the City and the Roanoke Valley. 90 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 FSL, upon certain terms and conditions as set forth in the City Manager's letter to Council dated December 5, 2005. The Performance Agreement shall be substantially similar to the one attached to such letter and in a 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 Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED 7\.~JL Mary F. Parker City Clerk (.l,{~~*Ar . C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The S'h day of December, 2005. No. 37266-120505. 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 (UVDH"), to extend the term of the current lease agreement by one year, with an expiration date of June 30, 2006, and the option to renew on a month-to-month basis for an additional one year period, for office space located at 515 and 530 8th 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: 91 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, 2006, and the option to renew on a month-to-month basis for an additional one year period, for office space located at 515 and 530 8th Street for the VDH, at a lease fee of $38,950.00 per quarter, and if the lease is extended past the one year period on a month-to-month basis rent will be paid monthly in the amount of $12,983.33, as more particularly set forth in the City Manager's letter dated December 5, 2005, 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~J~ Mary F. Parker City Clerk (.1ke~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The S'h day of December, 2005. No. 37267-120505. A RESOLUTION AUTHORIZING THE SALE OF NOT TO EXCEED THREE MILLION NINE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($3,975,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, TAXABLE SERIES 2005, OF SUCH CITY, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF THE ACQUISITION OF LAND FOR REDEVELOPMENT; DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT TO THE SALE AND THE DETERMINATION OF THE DETAILS OF SUCH BONDS; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS. 92 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. The Council (the "Council") of the City of Roanoke, Virginia (the "City"), hereby finds and determines: (a) On June 20, 2005, the Council adopted Resolution No. 37104- 062005 (the "Authorizing Resolution"), authorizing the issuance of general obligations of the City, in the form of General Obligation Public Improvement Bonds of the City, including not to exceed $3,975,000.00 principal amount of General Obligation Public Improvement Bonds for the purpose of providing funds to pay the costs of the acquisition of land for redevelopment. (b) The Council has determined to authorize the sale of not to exceed $3,975,000.00 principal amount of its General Obligation Public Improvement Bonds, Taxable Series 2005 (the "Bonds"), pursuant to and in accordance with the provisions of the Authorizing Resolution, and to delegate to the City Manager and the Director of Finance certain powers with respect to the sale and the determination of the details of the Bonds. SECTION 2. (a) The Bonds shall be sold at negotiated sale on such date and at such price as shall be determined by the City Manager and the Director of Finance. The City Manager and the Director of Finance, without further action of this Council, (i) are hereby authorized to determine the dated date of the Bonds, the date the Bonds shall mature, the dates on which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds and the principal amount of the Bonds maturing in each year, and (ii) are hereby further authorized to sell the Bonds at negotiated sale to such purchaser or purchasers as shall be selected by the City Manager and the Director of Finance and to fix the rates of interest to be borne by the Bonds of each maturity; provided, however, in no event shall the trOe interest cost with respect to the Bonds exceed seven percent (7.00%). 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 Bonds shall be issued in accordance with the provisions of the Authorizing Resolution and this Resolution; provided that the provisions of Section 6 of the Authorizing Resolution shall not apply to the Bonds. 93 (c) 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 3. 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 4. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. APPROVED A... JP~ Mary F. Parker City Clerk (.t{eQ~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of December, 2005. No. 37268-120505. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by repealing Chapter 36.1, Zoning, consisting of ~~36.1-1 through 36.1-730, and enacting Chapter 36.2, Zonina, consisting of ~~36.2-1 through 36.2-840, and accompanying Appendices A, Band C, such Chapter 36.2 being a comprehensive revision of the zoning regulations of the City; and dispensing with the second reading by title of this ordinance. 94 WHEREAS, on August 20, 2001, City Council adopted Vision 2001-2020 ("Comprehensive Plan"), a new Comprehensive Plan for the City, which plan has necessitated a comprehensive revision of the City's zoning regulations; WHEREAS, the City conducted ten (10) stakeholder focus group sessions on June 25, June 26, and August 1, 2002, with sign industry representatives, neighborhood group leaders, land use attorneys, regional development leaders, business leaders, design and development professionals, and governmental boards and commissions, to identify opportunities and issues relating to growth and development in the City and to identify regulations which needed to be amended or adopted; WHEREAS, the City conducted a housing issues roundtable on July 31, 2002, to which representatives of various groups interested in, and knowledgeable about, housing issues in the City were invited, and a public forum on August 1, 2002, to which the general public was invited, to identify additional opportunities and issues relating to growth and development in the City and to identify zoning regulations which needed to be amended or adopted; WHEREAS, in July 2002, the City Manager appointed a Steering Committee consisting of representatives from the stakeholder groups, City Council, the Planning Commission for the City of Roanoke ("Planning Commission"), the Board of Zoning Appeals for the City of Roanoke, the Architectural Review Board for the City of Roanoke, and City staff, to provide direction for the development of the new zoning ordinance, to review and revise draft zoning regulations, and to provide on-going feedback during the process; WHEREAS, from September 2002 until December 2003, the Steering Committee conducted twenty-five (25) sessions to review and revise the draft zoning regulations; WHEREAS, in February 2004, the Steering Committee released for public discussion a draft of the new zoning ordinance; WHEREAS, on March 8, March 12, March 16, March 17, March 18, March 22, March 23, March 25, March 29, March 30, April 1, AprilS, April 6, April 13, April 28 and April 29, 2004, City staff conducted six (6) public open houses and eleven (11) stakeholder focus group sessions with sign industry representatives, neighborhood group leaders, land use attorneys, business leaders, home builders, design and development professionals, and real estate industry representatives, to elicit public comment pertaining to the draft of the new zoning ordinance; 95 WHEREAS, to provide for public awareness of the open houses and the stakeholder focus group sessions, the City (1) placed two (2) easels and flyers with calendars, indicating the dates, times and locations of the open houses and sessions, in the lobby area of the Municipal Building and in the Departments of Housing and Neighborhood Services and Planning, Building and Economic Development, (2) posted open house schedules on the RVTV Message Board, (3) published two (2) block advertisements in the Roanoke Times, advertising the open house schedules, (4) placed drafts of the zoning ordinance in all branches of the City of Roanoke public library, (5) mailed a copy of the draft ordinance, with an explanation of the public comment process and how to participate in such process and provide input, to all neighborhood group leaders, (6) set up and staffed an information and comment table on Citizen Appreciation Day on April 17, 2004, at Valley View Mall, (7) conducted meetings with, and gave presentations to, neighborhood and civic organizations, including the Roanoke Neighborhood Advocates, Downtown Roanoke, Inc., Williamson Road Area Business Association, the Roanoke Regional Chamber of Commerce, the Roanoke Regional Homebuilders Association, Neighbors in South Roanoke, Old Southwest, Inc., the Gilmer Neighborhood Steering Committee, and the Gainsboro Steering Committee, and (8) posted on the City's web site a copy of the draft zoning ordinance, which posting was viewed 1,117 times during the February 2004 to May 2004 period; WHEREAS, from February 2, 2004 until May 31, 2004, the City documented more than 1,100 comments, including those on the draft zoning ordinance; WHEREAS, beginning in June 2004, the Steering Committee met fourteen (14) times to consider all of those documented comments on the draft zoning ordinance and to recommend changes to the draft zoning ordinance; WHEREAS, in December 2004, the Steering Committee completed its assigned task and presented to the Planning Commission a draft zoning ordinance for the City; WHEREAS, between December 2004, and July 2005, City staff continued to meet with various civic and neighborhood organizations, including Old Southwest, Inc., Riverland Alert Neighbors, Gilmer Neighborhood, the Greater Raleigh Court Civic League and the Williamson Road Area Business Association, as well as individual property owners by request, regarding the draft zoning ordinance, to oversee questions and to elicit additional public comment; 96 WHEREAS, public news releases, newspaper articles, status reports and communications were disseminated by the City throughout the process to advise interested persons of the status of the process; WHEREAS, after due and timely public notice, including a legal advertisement consisting of a special insert published on two dates, one week apart, in a newspaper of general circulation in the City of Roanoke in which all interested persons were advised of the City's intent to repeal Chapter 36.1, Zonina, and to adopt a new Chapter 36.2, Zonina, a descriptive summary of the terms of which was contained in the insert, the Planning Commission held a public hearing on July 28, 2005, on the draft zoning ordinance; WHEREAS, in addition to the published legal advertisement described in the preceding paragraph, the City sent by first-class mail to all owners of the approximately 44,000 parcels of real estate in the City of Roanoke notice of (1) the City's intent to repeal Chapter 36.1, Zonina; (2) the City's intent to adopt a new Chapter 36.2, Zonina; (3) a descriptive summary of the terms of the new Chapter 36.2, Zonina; and (4) the date, time and place, of the Planning Commission's public hearing at which the new Chapter 36.2, Zonina, would be considered; WHEREAS, following the Planning Commission's public hearing on July 28, 2005, the Planning Commission held fifteen (15) work sessions during which it considered the new Chapter 36.2, Zonina, and all comments received pertaining to it; WHEREAS, the City Clerk for the City of Roanoke placed a notice on the public calendar in her office for all Steering Committee meetings, all Planning Commission work sessions and the public hearing held on July 28, 2005; WHEREAS, on September 29, 2005, the unanimously recommended to City Council Chapter November 4, 2005, the Planning Commission Chapter 36.2, Zonina, to City Council; Planning Commission 36.2, Zonina, and on unanimously certified WHEREAS, a public hearing was held on the new zoning ordinance by City Council at its meeting on November 21, 2005, after due and timely publiC notice thereof, including a legal advertisement consisting of a special insert published on two dates, one week apart, in a newspaper of general circulation in the City of Roanoke in which all interested persons were advised of the City's intent to repeal Chapter 36.1, Zonina, and to adopt Chapter 36.2, Zonina, a descriptive summary of the text of which as recommended by the Planning Commission was contained in the insert, at which hearing all parties in interest and citizens were given an opportunity to be heard; 97 WHEREAS, after such public hearing, City Council revised Chapter 36.2, Zonino, as the same was recommended by the Planning Commission, to address comments and concerns stated at the public hearing; WHEREAS, this Council, after considering the proposed zoning ordinance, as revised, is of the opinion that the proposed zoning ordinance, as revised, helps promote and provide for adequate light, air, convenience of access; safety from flood, fire, crime and other dangers; reduce or prevent congestion in the public streets; facilitate the creation of a convenient, attractive and harmonious community; facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements; protect against destruction of, or encroachment upon, historic areas; protect against overcrowding of land, undue denSity of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, and loss of life, health, or property from fire, flood, panic or other dangers; encourage economic development activities that provide desirable employment and enlarge the tax base; provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment, approach slopes and other safety areas of licensed airports; and promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the City, as well as a reasonable proportion of the current and future needs of the planning district within which the City is situated; and WHEREAS, this Council, after considering the proposed zoning ordinance, as revised, is of the opinion that the proposed zoning ordinance, as revised, is consistent with Vision 2001- 2020, the City's Comprehensive Plan, is required by the public necessity, convenience, general welfare, is good zoning practice, and ought to be adopted in order to implement the Comprehensive Plan. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 36.1, Zoning, consisting of ~~36.1-1 through 36.1-730 of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 2. The Code of the City of Roanoke (1979), as am~nded, is amended and reordained by the addition of a new Chapter 36.2, Zonino, consisting of ~~36.2-1 through 36.2-840, and accompanying Appendices A, Band C, to read and provide as set out in the copy of such Chapter 36.2 attached to the City Manager's letter dated December 5, 2005, to City Council, and filed with the City Clerk. 98 3. A landowner's rights shall be deemed vested in a land use and such vesting shall not be affected by the adoption of Chapter 36.2, Zonina, of the Code of the City of Roanoke (1979), as amended, if the landowner (i) obtains or is the beneficiary of a significant affirmative governmental act which remains in effect, allowing development of a specific project, (ii) relies in good faith on the significant affirmative governmental act, and (iii) incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act prior to the effective date of this ordinance. 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 ~T~J-f~ Mary F. Parker City Clerk Q.~*~' C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The S'h day of December, 2005. No. 37269-120505. AN ORDINANCE adopting a new zoning map entitled, "Official Zoning Map, City of Roanoke, Virginia," dated December 5, 2005, as amended, as the official zoning map for the City of Roanoke; and dispensing with the second reading by title of this ordinance. WHEREAS, on August 20, 2001, City Council adopted Vision 2001-2020 ("Comprehensive Plan"), a new Comprehensive Plan for the City, which plan has necessitated a replacement of the Official 1976 Zoning Map, City of Roanoke, Virginia, dated October 11, 1976, as the map and boundaries have been amended from time to time, and a comprehensive revision of the City's zoning regulations; 99 WHEREAS, the City conducted ten (10) stakeholder focus group sessions on June 25, June 26, and August 1, 2002, with sign industry representatives, neighborhood group leaders, land use attorneys, regional development leaders, business leaders, design and development professionals, and governmental boards and commissions, to identify opportunities and issues relating to growth and development in the City and to identify zoning regulations which needed to be amended or adopted; WHEREAS, the City conducted a housing issues roundtable on July 31, 2002, to which representatives of various groups interested in, and knowledgeable about, housing issues in the City were invited, and a publiC forum on August 1, 2002, to which the general public was invited, to identify additional opportunities and issues relating to growth and development in the City and to identify zoning regulations which needed to be amended or adopted; WHEREAS, in July 2002, the City Manager appointed a Steering Committee consisting of representatives from the stakeholder groups, City Council, the Planning Commission for the City of Roanoke ("Planning Commission"), the Board of Zoning Appeals for the City of Roanoke, the Architectural Review Board for the City of Roanoke, and City staff, to provide direction for the development of the new zoning ordinance, to review and revise draft zoning regulations, and to provide on-going feedback during the process; WHEREAS, in February 2004, City staff released for public discussion a zoning map to accompany the Steering Committee's draft zoning ordinance; WHEREAS, on March 8, March 12, March 16, March 17, March 18, March 22, March 23, March 25, March 29, March 30, April 1, AprilS, April 6, April 13, April 28 and April 29, 2004, City staff conducted six (6) public open houses and eleven (11) stakeholder focus group sessions with sign industry representatives, neighborhood group leaders, land use attorneys, business leaders, home builders, design and development professionals, and real estate industry representatives, to elicit public comment pertaining to the proposed zoning map; WHEREAS, to provide for public awareness of the open houses and the stakeholder focus group sessions, the City (1) placed two (2) easels and flyers with calendars, indicating the dates, times and locations of the open houses and sessions, in the lobby area of the Municipal Building and in the Departments of Housing and Neighborhood Services and Planning, Building and Economic Development, (2) posted open house schedules on the RVTV Message Board, (3) published two (2) block advertisements in the Roanoke Times, advertising the open house schedules, (4) mailed an explanation of the public comment process and how to participate in such process and provide 100 input to all neighborhood group leaders, (5) set up and staffed an information and comment table on Citizen Appreciation Day on April 17, 2004, at Valley View Mall, (6) conducted meetings with, and gave presentations to, neighborhood and civic organizations, including the Roanoke Neighborhood Advocates, Downtown Roanoke, Inc., Williamson Road Area Business Association, the Roanoke Regional Chamber of Commerce, the Roanoke Regional Homebuilders Association, Neighbors in South Roanoke, Old Southwest, Inc., the Gilmer Neighborhood Steering Committee, and the Gainsboro Steering Committee, and (7) posted on the City's web site a copy of the proposed zoning map, which posting was viewed 1,117 times during the February 2004 to May 2004 period; WHEREAS, from February 2, 2004 until May 31, 2004, the City documented more than 1,100 comments, including those on the proposed zoning map; WHEREAS, in May 2005, City staff released and posted on the City's web site a revised proposed zoning map; WHEREAS, between December 2004, and July 2005, City staff continued to meet with various civic and neighborhood organizations, including Old Southwest, Inc., Riverland Alert Neighbors, Gilmer Neighborhood, the Greater Raleigh Court Civic League and the Williamson Road Area Business Association, as well as individual property owners by request, regarding the proposed zoning map, to oversee questions and to elicit additional public comment; WHEREAS, public news releases, newspaper articles, status reports and communications were disseminated by the City throughout the process to advise interested persons of the status of the process; WHEREAS, after due and timely public notice, including a legal advertisement consisting of a special insert published on two dates, one week apart, in a newspaper of general circulation in the City of Roanoke in which all interested persons were advised of the City's intent to adopt a new zoning map, a copy of which was contained in the insert, the Planning Commission held a publiC hearing on July 28, 2005, on the proposed zoning map; WHEREAS, in addition to the published legal advertisement described in the preceding paragraph, the City sent by first-class mail to all owners of the approximately 44,000 parcels of real estate in the City of Roanoke notice of (1) the City's intent to adopt a new zoning map; (2) the proposed zoning of the owner's property under the proposed zoning map; and (3) the date, time and place, of the Planning Commission's publiC hearing at which the proposed zoning map would be considered; 101 WHEREAS, following the Planning Commission public hearing, the Planning Commission held fifteen (15) work sessions during which it considered all comments received pertaining to the proposed zoning map; WHEREAS, the City Clerk for the City of Roanoke placed a notice on the public calendar in her office for all Steering Committee meetings, all Planning Commission work sessions, and the public hearing held on July 28, 2005; WHEREAS, on September 29, 2005, the Planning Commission unanimously recommended to City Council the proposed zoning map; WHEREAS, a public hearing was held on the proposed zoning map by City Council at its meeting on November 21, 2005, after due and timely public notice thereof, which public notice included a legal advertisement published on two dates, one week apart, by a newspaper of general circulation in the City of Roanoke in which all interested persons were advised of the City's intent to adopt a new zoning map as recommended by the Planning Commission, a copy of which was contained in the insert, at which hearing all parties in interest and citizens were given an opportunity to be heard; WHEREAS, after such public hearing, City Council revised the zoning map as the same was recommended by the Planning Commission; WHEREAS, this Council, after considering the proposed zoning map, as revised, is of the opinion that the proposed zoning map, as revised, helps promote and provide for adequate light, air, convenience of access; safety from flood, fire, crime and other dangers; reduce or prevent congestion in the public streets; facilitate the creation of a convenient, attractive and harmonious community; facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements; protect against destruction of, or encroachment upon, historic areas; protect against overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, and loss of life, health, or property from fire, flood, panic or other dangers; encourage economic development activities that provide desirable employment and enlarge the tax base; provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment, approach slopes and other safety areas of licensed airports; and promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the City, as well as a reasonable proportion of the current and future needs of the planning district within which the City is situated; and 102 WHEREAS, this Council, after considering the proposed zoning map, as revised, is of the opinion that the proposed zoning map, as revised, is consistent with Vision 2001- 2020, the City's Comprehensive Plan, is required by the public necessity, convenience, general welfare, is good zoning practice, and ought to be adopted in order to implement the Comprehensive Plan. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The zoning map entitled, "Official Zoning Map, City of Roanoke, Virginia," dated December 5, 2005, as amended, and attached to a letter dated December 5, 2005, to City Council from the City Manager, and filed with the City Clerk, is hereby adopted as the official zoning map for the City of Roanoke. 2. Pursuant to section 15.2-2234 of the Code of Virginia (1950), as amended, the City Clerk is requested to file a copy of the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, in the Office of the Clerk of the Circuit Court within thirty (30) days of the adoption of the zoning map. 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'-. J L Mary F. Parker City Clerk Q. ~"-~. C. Nelson Harris Mayor 103 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of December, 2005. No. 37270-121905. 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. 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 - Fees for Professional Services 035-633-2320-2010 $ 500.00 Administrative - Dues & Subscriptions 035-633-2320-2042 845.00 Administrative - Training & Development 035-633-2320-2044 3,022.00 Administrative - Equipment Rental/Lease 035-633-2320-3070 1,813.00 Administrative - Other Rental 035-633-2320-3075 1,613.00 Administrative - Wages 035-633-2320-8050 40,799.00 Administrative - Travel 035-633-2320-8052 1,978.00 Administrative - Marketing 035-633-2320-8053 1,813.00 Administrative - Supplies 035-633-2320-8055 1,813.00 Administrative - Insurance 035-633-2320-8056 1,767.00 Administrative - Contractual Services 035-633-2320-8057 408.00 Administrative - Equipment 035-633-2320-8059 930.00 Administrative - Telephone 035-633-2320-8090 892.00 Adult - Training & Development 035-633-2321-2044 648.00 Adult - Equipment Rental/Lease 035-633-2321-3070 389.00 Adult - Marketing 035-633-2321-8053 389.00 Adult - Supplies 035-633-2321-8055 389.00 Adult - Contractual 035-633-2321-8057 160,899.00 104 services Adult - Leases 035-633-2321-8058 $ 648.00 Adult - Telephone' 035-633-2321-8090 191.00 Dislocated Worker - Training & Development 035-633-2322-2044 683.00 Dislocated Worker - Equipment Rental/Lease 035-633-2322-3070 410.00 Dislocated Worker -. Marketing 035-633-2322-8053 410.00 Dislocated Worker - Supplies 035-633-2322-8055 410.00 Dislocated Worker - Contractual services 035-633-2322-8057 184,521.00 Dislocated Worker - Leases 035-633-2322-8058 683.00 Dislocated Worker - Telephone 035-633-2322-8090 201.00 Youth In-School - Equipment Rentat/Lease 035-633-2323-3070 179.00 Y.outh In-School - . Marketing 035-633-2323-8053 179.00 Youth In-School - Supplies 035-633-2323-8055 179.00 Youth In-School - Contractual services 035-633-2323-8057 120,383.00 Youth In-School - Telephone 035-633-2323-8090 88.00 Youth Out-of-School - Equipment Rental/Lease 035-633-2324-3070 74.00 Youth Out-of-School - Wages 035-633-2324-8050 1,920.00 Youth Out-of-School - Marketing 035-633-2324-8053 74.00 Youth Out-of-School - Supplies 035-633-2324-8055 74.00 Youth Out-of-School - Contractual services 035-633-2324-8057 4~;682.00 Youth Out-of-School - Telephone 035-633-2324-8090 . 37.00 Revenues Workforce Investment Act Grant FY06 035-633-2320-2320 581,933.00 105 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: // A~ I (/~/... Mary F. Parker City Clerk Q.~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2005. No. 37271-121905. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act funding of $581,933.00 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: 1. The Western Virginia Workforce Development Board Workforce Investment Act funding of $581,933.00 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 December 19, 2005, to City Council. APPROVED ATTEST: 0 ~~4 (fJV 4. Mary F. Parker City Clerk ~. L~ktq\~ c. Nelson Harris Mayor 106 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of December, 2005. No. 37272-121905. AN ORDINANCE amending Section 20-89, Penalties for Unlawful Parkina. Article IV, Stoooina. Standina and Parkina, and adding a new Section 20-90, Immobilization of Motor Vehicles Aaainst Which There Are Outstandina parkina Violations, of Chapter 20, Motor Vehicles and Traffic. Code of the City of Roanoke (1979), as amended, 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. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending Section 20-89, Penalties for Unlawful Parkina. Article IV, Stoooina. Standina and Parkina, of Chapter 20, Motor Vehicles and Traffic, to read and provide as follows: * * * Sec. 20-89. Penalties for unlawful oarkina. (b) Written notice from a police officer for violation of division 1 of this article and penalties. (1) Every person receiving written notice from a police officer that he has violated any of the sections of division 1 of this article may waive his right to appear and be formally tried for the violation set forth in the notice upon the voluntary payment, as penalty and in full satisfaction of such violation, of the penalty set forth below. Such penalty shall be paid to the city treasurer during the regular working hours of his office or through any other method established by city council for the routine payment of such penalties. For purposes of this subsection, penalties shall be deemed to have been "paid" when full payment therefore has been received by the city treasurer, regardless of whether such penalty is paid in person or is mailed. The city treasurer shall be authorized to accept partial payment of penalties due. Penalties for parking violations shall be as follows: 107 Table Inset: Column 1 Column 2 Column 3 . Section Violation Penalty Penalty If paid within 15 If paid after 15 days days of the issuance of the issuance by an by an officer of a officer of a notice of notice of violation violation 20-65(3); 20-65(6); $ 10.00 $ 25.00 20-65(7); 20- 65(10); 20-65(12); 20-65(13); 20-70; 20-72; 20-73 or 20-75 20-65(14) or 20-68 $ 15.00 $ 30.00 First violation Warning Ticket N/A 20-6S(14) or 20-68 $ lS.00 $ 30.00 - Second violation, but the first violation on that calendar dav 20-6S(14) or 20-68 $ 30.00 $ 4S.00 - Second violation on the same calendar dav 20-6S(4) or 20-68 $ 4S.00 $ 60.00 for the third or more violation on that calendar day 20-69 (except $ 20.00 $ 20.00 subsection (i)) 20-65(1); 20-65(2); $ 20.00 $ 35.00 20-65(5); 20-65(8); 20-65(9); 20-66; 20-67; or 20-71 20-65(15) $ 25.00 $ 40.00 20-65(4) or 20-74 $ 33.00 $ 48.00 20-69(i) or 20-76 $ 125.00 $ 140.00 108 (2) If the applicable penalty listed in Column 2 is not paid within fifteen (15) days of the issuance by an officer of a notice of violation, then the applicable penalty listed in Column 3 shall apply. A late notice shall be sent by the city's department of billings and collections to the violator. Any violator to whom such late notice is sent may pay the applicable penalty listed in Column 3 above within fifteen (15) days of the date of such late notice. If the violator does not pay the penalty pursuant to such late notice and if the city elects to pursue enforcement of the unsettled parking violation notices through the courts, a law enforcement notice pursuant to section 46.2-941 of the Code of Virginia (1950), as amended, shall be sent by the city's department of billings and collections to the violator. (c) Once the city has elected to pursue enforcement of the unsettled parking vio/qtion notices through the courts and has sent a law enforcement notice pursuant to section 46.2-941, Code of Virginia (19S0), as amended, If a violator must doe5 not pay the penalty provided for in Column 3 above within fifteen (15) days of receipt of a the law enforcement notice sel1t ptlrstlal1t to section 4G.2 941, Code of Virginia (1950), a5 amended, orthe clerk of the general district court and the officer responsible for issuing parking summons shall be notified of the failure to pay such penalty, in order that a summons be issued. 2. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by adding a new. Section 20-90, Immobilization of Motor Vehicles Aaainst Which There Are Outstandina Parkina Violations, Article IV, Stoooina. Standina and Parkina, of Chapter 20, Motor Vehicles and Traffic, to read and provide as follows: Sec. 20-90. Immobilization of motor vehicles aoainst which there are outstandino oarkino violations. (a) Any motor vehicle parked on a public highway or public ground against which there are five (S) or more unpaid or otherwise unsettled parking violation notices may be immobilized in a manner which will prevent its removal or operation except by authorized law-enforcement personnel. 109 (b) The immobilization of the vehicle pursuant to this section shall be by or under the direction of an officer or employee of the police department. (c) The law-enforcement officer or employee immobilizing the motor vehicle, or directing the immobilization, shall inform as soon as practicable the owner of the immobilized vehicle of the nature and circumstances of the unsettled parking violation notices for which the vehicle was immobilized. (d) Once the vehicle is immobilized, there shall be placed on the vehicle, in a conspicuous manner, a notice warning that the vehicle has been immobilized and that any attempt to move the vehicle might damage it. (e) The owner of an immobilized vehicle, or other person acting on his behalf, shall be allowed at least twenty-four (24) hours from the time of immobilization to repossess or secure the release of the vehicle. Failure to repossess or secure the release of the vehicle within that time period may result in the removal of the vehicle to a storage area for safekeeping under the direction of law- enforcement personnel. (I) The owner of a removed or immobilized motor vehicle, or other person acting on his behalf, shall be permitted to repossess or to secure the release of the vehicle by payment of the outstanding parking violation notices for which the vehicle was immobilized and by payment of all costs incidental to the immobilization, and storage of the vehicle, and the efforts to locate the owner of the vehicle. (g) If the owner fails or refuses to pay the fines and costs identified in (f) above, or should the identity or whereabouts of the owner be unknown and unascertainable, the motor vehicle may be sold in accordance with the procedures set forth in 5ection 46.2- 1213 of the Code of Virginia (1950), as amended, after giving notice to the owner at his last known address and to the holder of any lien of record with the office of the Virginia Department of Motor Vehicles. 110 3. This Ordinance shall be in full force and effect on and after February 1, 2006. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. APPROVED ?\~J~ Mary F. Parker City Clerk c.1{M~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of December, 2005. No. 37273-121905. A RESOLUTION AUTHORIZING THE SALE OF NOT TO EXCEED FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS ($5,500,000.00) PRINCIPAL AMOUNT GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF GENERAL OBLIGATION BOND ANTICIPATION NOTES, SERIES 2005, OF SUCH CITY, THE PROCEEDS OF WHICH ARE TO BE GRANTED BY THE CITY TO THE ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY FOR THE PURPOSE OF ASSISTING SUCH AUTHORITY IN PAYING A PORTION OF THE COSTS OF A REDEVELOPMENT PROJECT IN THE CITY KNOWN AS THE SOUTH JEFFERSON REDEVELOPMENT AREA PROJECT; DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT TO THE SALE AND THE DETERMINATION OF THE DETAILS OF SUCH NOTES AND THE BONDS IN ANTICIPATION OF WHICH SUCH NOTES ARE BEING ISSUED, SOLD AND DELIVERED, AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH NOTES AND BONDS 111 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. The Council (the "Council") of the City of Roanoke, Virginia (the "City"), hereby finds and determines as follows: (a) On March 15, 2004, the Council adopted Resolution No. 36643-031504 (the "Authorizing Resolution"), authorizing the issuance of $5,500,000.00 principal amount of general obligations of the City, in the form of General Obligation Public Improvement Bonds of the City, the proceeds of which are to. be granted by the City to the Roanoke Redevelopment and Housing Authority (the "Authority") for the purpose of assisting the Authority in paying a portion of the costs of a redevelopment project in the City (the "Project") in an area known as the South Jefferson Redevelopment Project (the "Project Area"), and authorizing the issuance of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Bonds. . (b) The Council has determined to authorize the sale of not to exceed $ 5,500,000.00 principal amount of the General Obligation Public Improvement Bond Anticipation Notes, Series 2005 (the "Notes"), pursuant to and in accordance with the provisions of the Authorizing Resolution, and to delegate to the City Manager and the Director of Finance certain powers with respect to the sale and the determination of the details of the Notes. (c) The Council has further determined to authorize the sale of not to exceed $5,500,000.00 principal amount of the General Obligation Public Improvement Bonds (the "Bonds"), in anticipation of which the Notes are being issued, pursuant to and in accordance with the provisions of the Authorizing Res01ution, and to delegate to the City Manager and the Director of Finance certain powers with respect to the sale and the determination of the details of the Bonds. SECTION 2. (a) The Notes shall be sold at negotiated sale on such date and at such price as shall be determined by the City Manager and the Director of Finance. The City Manager and the Director of Finance, without further action of this Council, (i) are hereby authorized to determine the dated date of the Notes, the date the Notes shall mature, the dates on which interest on the Notes shall be payable, the aggregate 112 principal amount of the Notes and the principal amount of the Notes maturing in each year, and (ii) are hereby further authorized to sell the Notes at negotiated sale to such purchaser or purchasers as shall be selected by the City Manager and the Director of Finance and to fix the rates of interest to be borne by the Notes of each maturity; provided, however, in no event shall the true interest cost with respect to the Notes exceed seven percent (7.00%). 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 Notes shall be issued in accordance with the provisions of the Authorizing Resolution and this Resolution. (c) 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 Notes are hereby ratified and confirmed. SECTION 3. (a) The Bonds shall be sold at competitive or negotiated sale on such date and at such price as shall be determined by the City Manager and the Director of Finance. The City Manager and the Director of Finance, without further action of this Council, (i) are hereby authorized to determine the dated date of the Bonds, the date the Bonds shall mature, the dates on which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds and the principal amount of the Bonds maturing in each year, and (ii) are hereby further authorized to sell the Bonds at negotiated sale to such purchaser or purchasers as shall be selected by the City Manager and the Director of Finance and to fix the rates of interest to be borne by the Bonds of each maturity; provided, however, in no event shall the true interest cost with respect to the Bonds exceed seven percent (7.00%). 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%). 113 (b) The Bonds shall be issued in accordance with the provisions of the Authorizing Resolution and this Resolution. (c) 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 4. (a) In the case of Notes and the Bonds issued hereunder the interest on which is contemplated to be excluded from gross income for purposes of federal income taxation, the City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 (the "Code") and the applicable Treasury Regulations promulgated thereunder throughout the term of the Notes and the Bonds. (b) (i) On March 19, 2001, the Council adopted Resolution No. 35248-031901 approving the Redevelopment Plan, dated February 5, 2001 (the "Redevelopment Plan"), prepared by the Authority. (ii) The Notes and the Bonds may be issued as "qualified redevelopment bonds" pursuant to the provisions of Section 144(c) of the Code and the Treasury Regulations promulgated thereunder. (iii) Under the provisions of the Code, in particular Section 147(f) of the Code, the issuance of the Notes and the Bonds as qualified redevelopment bonds must be approved by an "applicable elected representative" of the City after a public hearing following reasonable public notice. (iv) In accordance with the provisions of Section 147(f) of the Code and the Treasury Regulations promulgated thereunder, a notice of public hearing was published in "The Roanoke Times' on March 1, 2004 and on March 8, 2004 giving notice that a public hearing on the proposed issuance of the Bonds would be held by the Council on March 15, 2004 at 7:00 P.M., local time, in the Council Chamber, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. (v) The public hearing on the proposed issuance of the Notes and the Bonds was held by the Council at the time and place set forth in the notice of public hearing referred to in clause (iv). 114 (vi) The Council as an "applicable elected representative" of the City desires to approve the issuance of the Notes and the Bonds for purposes of Section 147(f) of the Code. (c) In accordance with the provisions of Section 144(c) of the Code, the Council hereby ratifies its approval and adoption of the Redevelopment Plan and hereby designates the Project Area as a "designated blighted area" of the City. (d) In accordance with the provisions of Section 147(f) of the Code, the Council as an "applicable elected representative" of the City hereby approves the issuance of the Notes and the Bonds. SECTION 5. 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 6. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. APPROVED ATTEST: /J A~ 1. r()Jot-~ Mary F. Parker City Clerk c.%~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of December, 2005. No. 37274-121905. AN ORDINANCE to appropriate funding for the Hurt Park Community Learning Center, 2006 Roanoke Care Connection Clinic program, and 2006 Western Virginia Regional Science Fair, amending and reordaining certain sections of the 2005-2006 School Fund Appropriations and dispensing with the second reading by title of this ordinance. 115 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 Program Director Activity Assistants Media Assistant Retiree Health Credit Social Security Virginia Retirement Health Insurance Indirect Costs Contracted Services Conference Travel Supplies Educational Coordinators Retiree Health Credit Social Security Virginia Retirement Health Insurance Indirect Costs Security Guards Social Security Contracted Services Travel Membership Fees Instructional Supplies Revenues Federal Grant Receipts Federal Grant Receipts Local Match Fees 030-062-6342-6000-0124 030-062-6342-6000-0141 030-062-6342-6000-0151 030-062-6342-6000-0200 030-062-6342-6000-0201 030-062-6342-6000-0202 030-062-6342-6000-0204 030-062-6342-6000-0212 030-062-6342-6000-0313 030-062-6342-6000-0554 030-062-6342-6000-0614 030-062-6511-6554-0138 030-062-6511-6554-0200 030-062-6511-6554-0201 030-062-6511-6554-0202 030-062-6511-6554-0204 030-062-6511-6554-0212 030-062-6890-6311-0195 030-062-6890-6311-0201 030-062-6890-6311-0313 030-062-6890-6311-0554 030-062-6890-6311-0S81 030-062-6890-6311-0614 030-062-6342-1102 030-062-6511-1102 030-062-6890-1101 030-062-6890-1103 $42,000.00 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 11,238.00 35,991.00 198.00 2,753.00 4,182.00 5,363.00 1,800.00 279.00 21.00 2,685.00 4,225.00 500.00 540.00 173,343.00 50,287.00 2,000.00 6,250.00 116 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~..,1L Mary F. Parker City Clerk ~'w~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2005. No. 37275-121905. 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, Fielden and Mary Bayne filed an application to the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City 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 City Council on December 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; 117 WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of- way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: An approximate 50' x 240' portion of Laura Road, N. W., adjacent to parcels bearing Official Tax Nos. 6150604, 6150608, 6150801 and 6150804 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, 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 in a manner which divides the vacated right-of-way evenly between the four (4) aforereferenced adjacent parcels, and combines such vacated right- of-way with such four adjacent parcels, such resulting parcels not to be 118 further subdivided or combined, 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 ?f.T~ -J ~ Mary F. Parker City Clerk e,UeQ~~~ C. Nelson Harris Mayor 119 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2005. No. 37276-121905. AN ORDINANCE approving the Roanoke Library Comprehensive Study, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Roanoke Library Comprehensive Study; and dispensing with the second reading of this ordinance by title. WHEREAS, the Roanoke Library Comprehensive Study (the "Study") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on November 17, 2005, and recommended adoption of the Study and amending Vision 2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Study; and WHEREAS, in accordance with the provisions of ~15.2-2204, Code of Virginia (1950), as amended, a public hearing on the proposed Study was held before this Council on Monday, December 19, 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 Roanoke Library Comprehensive Study and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Roanoke. Library Comprehensive Study as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 120 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: /J /\ ~ -J. r ~...(- Mary F. Parker City Clerk Q.:~~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of December, 2005. No. 37277-121905. A RESOLUTION requesting the 2006 Session of the General Assembly to add a Section 19.1 to the Roanoke Charter of 1952 in order to authorize advisory referenda in the City on any proposed question or group of questions relating to the affairs of the City. WHEREAS, pursuant to the provisions of 915.2-202, Code of Virginia (1950), as amended, at least ten days' notice and an informative summary of the amendment desired has been published in a newspaper of general circulation in the City, of the time and place of a public hearing for citizens to be heard to determine if they desire that City Council request the 2006 Session of the General Assembly to amend the Roanoke Charter of 1952; WHEREAS, the required public hearing was conducted on December 19, 2005; and WHEREAS, after considering the matter and the comments made during the public hearing, Council desires to request the General Assembly to amend its Roanoke Charter of 1952. 121 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council hereby requests that the 2006 Session of the General Assembly add a Section 19.1 to the Roanoke Charter of 1952 in order to authorize advisory referenda in the City on any proposed question or group of questions relating to the affairs of the City, such Section to read and provide as follows: ~19.1. Advisory referenda. The council shall have authority to order, by resolution directed to the Circuit Court of the City of Roanoke, the submission to the registered voters of the city for an advisory referendum on any proposed question or group of questions relating to the affairs of the city. Upon receipt of such resolution, the Court shall order an election to be held at the next general election. The election shall be conducted and the result thereof ascertained and determined in the manner provided by general law of the Commonwealth for the conduct of referendum elections, and by the regular election officials of the city. Following certification of the election results by the Electoral Board to the Circuit Court, the Court shall enter an order proclaiming the results of the election, and shall transmit a duly certified copy of the order to the council. If a petition requesting the submission of a question or group of questions relating to the affairs of the city, set forth in such petition, signed by registered voters equal in number to twenty-five percent, or 5,000, whichever number is the greater, of the largest number of votes cast in any general or primary election held in the city during the five years immediately preceding, each signature to which has been witnessed by a person whose affidavit to that effect is attached to the petition, and the address of each signator having been given along with the signature, is filed with the clerk of the Circuit Court of the City of Roanoke, the clerk 122 shall forthwith certify that fact to the Court after the city's registrar has verified that the requisite number of persons registered to vote in the city have signed the petition. Upon certification the Court shall order an election to be held at the next general election after the receipt of such resolution, in which such proposed question or questions shall be submitted as a resolution to the registered voters of the city for their approval or disapproval. Such election shall be conducted and the result thereof ascertained and determined in the manner provided by general law of the Commonwealth for the conduct of referendum elections, and by the regular election officials of the city. If a majority of those voting approve the proposed referendum, then the clerk of the Court shall communicate such result to the council for its consideration as an advisory resolution. 2. The City Clerk is directed to send two attested copies of this resolution, a copy of the requested amendments to the Roanoke Charter of 1952, a publisher's affidavit showing that the public hearing on this request was advertised, and a certified copy of Council's minutes showing the action taken at the advertised public hearing to the Honorable John S. Edwards, Member, Senate of Virginia, the Honorable Onzlee Ware, Member, House of Delegates, and the Honorable William H. Fralin, Jr., Member, House of Delegates, with the request that they introduce a bill in the 2006 Session of the General Assembly to amend the Roanoke Charter of 1952. ATTEST: 1\ ~ -]. Mary F. Parker City Clerk APPROVED /1/-< Q.W~#~ c. Nelson Harris Mayor 123 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of January, 2006. No. 37278-010306. AN ORDINANCE authorizing the lease of approximately 418 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three (3) years beginning January 3, 2006, and expiring January 2, 2009, with a base rent rate of $23.50 per square foot, authorizing the appropriate City officials to execute a Lease Agreement therefore; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on January 3, 2006, 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 Elias Azar, the owner and operator of Azar Jewelry, Inc., for the lease of approximately 418 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three (3) years beginning January 3, 2006, and expiring January 2, 2009, with a base rent rate of $23.50 per square foot, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated January 3, 2006. 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: j) ~M-,Ir~.. Mary F. Parker City Clerk t 1.{~~ C. Nelson Harris Mayor 124 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of January, 2006. No. 37279-010306. AN ORDINANCE appropriating funding for the Fire 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 Expendable Equipment <$5,000.00 Training and Development Wearing Apparel Recruiting Regional Fire Training Academy Revenues Fire Program FY06 035-520-3335-2035 035-520-3335-2044 035-520-3335-2064 035-520-3335-2065 035-520-3335-9073 $ 70,029.00 10,000.00 70,000.00 5,000.00 60,000.00 035-520-3335-3365 215,029.00 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: 0 f\ '"D -J-r ~~~ - Mary F. Parker City Clerk Q..lJeQ,,- ~ C. Nelson Harris Mayor 125 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of January, 2006. No. 37280-010306. A RESOLUTION authorizing the acceptance of the FY2006 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 FY2006 Fire Programs Funds Grant in the amount of $215,029.00. 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 FY2006 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 ~.Mg J L Mary F. Parker City Clerk e.l{~~( . C. Nelson Harris Mayor 126 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of January, 2006. No. 37281-010306. A RESOLUTION adopting a revised policy pertaining to funding for non- profit organizations that request $25,000.00 or more in future budget cycles, and repealing Resolution No. 37215-101705, adopted October 17, 2005. WHEREAS, after several months of discussion with public and private organizations that fund non-profit agencies, the City developed guidelines for non-profit organizations that request $25,000.00 or more in funding from the City which were adopted October 17, 2005, by the adoption of Resolution No. 37215-101705; and WHEREAS, certain revisions to the guidelines have been proposed by the City Manager in a letter to Council dated January 3, 2006. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby adopts the revised policy as more particularly described in the City Manager's letter dated January 3, 2006, to City Council, containing certain guidelines to be adhered to when reviewing and approving funding for non-profit organizations that request $25,000.00 or more in future budget cycles. 2. Resolution No. 37215-101705, adopted October 17, 2005, is hereby repealed. APPROVED A~j~ Q..~*~ Mary F. Parker City Clerk C. Nelson Harris Mayor 127 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 2006. No. 37282-011706. AN ORDINANCE to appropriate funding for the Domestic Violence Victim Fund 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 FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Revenues VA Domestic Violence Victim FY06 035-150-5149-1002 035-150-5149-1120 035-150-5149-1125 035-150-5149-1126 035-150-5149-1130 035-150-5149-1131 $ 86,001.00 6,579.00 5,310.00 352.00 980.00 224.00 035-150-5149-5149 99,446.00 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, f2. ~.~::?f ~ City Clerk ~l~~ C. Nelson Harris Mayor 128 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 2006. No. 37283-011706. A RESOLUTION accepting the Virginia Domestic Violence Victim Fund 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 Domestic Violence Victim Fund grant offered by the Virginia Department of Criminal Justice Services in the amount of $99,446.00 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant is more particularly described in the letter of the City Manager to Council, dated January 17, 2006. 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. 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 A~j,f~ Mary F. Parker City Clerk c1Ate~~ c. Nelson Harris Mayor 129 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'h day of January, 2006. No. 37284-011706. AN ORDINANCE to appropriate funding for the Juvenile Justice and Delinquency Prevention Title II - One-Time System Improvement 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 Professional Services Administrative Supplies Travel and Meals Revenues Juvenile Justice Delinquency One Time FY06 035-630-5001-2010 035-630-5001-2030 035-630-5001-2144 $ 14,400.00 3,112.00 7,488.00 035-630-5001-5001 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 ATTEST: /J A~ l~Iv_~ Mary F. Parker City Clerk ~~~ C. Nelson Harris Mayor 130 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 2006. No. 37285-011706. A RESOLUTION authorizing acceptance of Juvenile Justice and Delinquency Prevention Title 1I-0ne- Time System Improvement Grant 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 Justice and Delinquency Prevention Title 1I-0ne- Time System Improvement Grant funds from the Virginia Department of Criminal Justice Services, in the amount of $25,000.00, as set forth in the City Manager's letter, dated January 17, 2006, 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. APPROVED A~jL Mary F. Parker City Clerk ~~ C. Nelson Harris Mayor 131 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'h day of January, 2006. No. 37286-011706. AN ORDINANCE to appropriate funding for the Title I Winter Program, FY06 Chess Program, and FY06 GED Expanded Testing Program, 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 Tournament Attendance Social Security Tournament Fees Tournament Travel GED Examiners Social Security Supplies Revenues Federal Grant Receipts Donations State Grant Receipts 030-061-6132-6000-0121 030-062-6616-6108-0129 030-062-6616-6108-0201 030-062-6616-6108-0332 030-062-6616-6108-0554 030-062-6793-6550-0121 030-062-6793-6550-0201 030-062-6793-6550-0614 030-061-6132-1102 030-062-6616-1103 030-062-6793-1100 $ 640,027.00 5,000.00 200.00 1,800.00 8,000.00 4,180.00 320.00 500.00 640,027.00 15,000.00 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. 7\S~ j, ~ Mary F. Parker City Clerk t..J APPROVED eU1~ c. Nelson Harris Mayor 132 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2006. No. 37287-020606. , AN ORDINANCE authorizing the lease of approximately 462 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three (3) years beginning March 1, 2006, through February 28, 2009; authorizing the appropriate City officials to execute a lease agreement therefore; and dispensing with the second reading of this ordinance by title. . WHEREAS, a public hearing was held on February 6, 2006, pursuant to 9915.2-1800(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 Louis and Anita Wilson, owners and operators of Burger in the Square, for the lease of approximately 462 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three (3) years beginning March 1, 2006, through February 28, 2009, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated February 6, 2006. 2. Pursuant to the provisions of Section 12 of tpe City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~ e. ~aJ~ I\A,o ,-1 Mary F. Parker City Clerk C. Nelson Harris Mayor 133 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2006. No. 37288-020606. , AN ORDINANCE authorizing the lease of approximately 210 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three (3) years beginning March 1, 2006, through February 28, 2009; authorizing the appropriate City officials to execute a lease agreement therefore; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on February 6, 2006, 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 Adel Eltawansy, owner and operator of Zorba, for the lease of approximately 210 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three (3) years beginning March 1, 2006, through February 28, 2009, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated February 6, 2006. 2. Pursuant to the provisions of Section 12 of tpe City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: -J~ C~'h~ C. Nelson Harris Mayor I\~ Mary F. Parker City Clerk 134 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2006. No. 37289-020606. AN ORDINANCE authorizing the lease of approximately 680.5 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three (3) years beginning March 1, 2006, through February 28, 2009; authorizing the appropriate City officials to execute a lease agreement therefore; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on February 6, 2006, 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 David Z. Estrada, owner and operator of Chico's Big Lick Pizza, for the lease of approximately 680.5 square feet of space located within City- owned property known as the City Market Building, located at 32 Market Square, for a term of three (3) years beginning March 1, 2006, through February 28, 2009, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated February 6, 2006. 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: () f\ tA.-O -1. (~ t ~ Mary F. Parker City Clerk L.W~ C. Nelson Harris Mayor 135 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2006. No. 37290-020606. AN ORDINANCE authorizing the lease of approximately 290 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three (3) years beginning March 1, 2006, through February 28, 2009; authorizing the appropriate City officials to execute a lease agreement therefore; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on February 6, 2006, 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 Georgia Raines, the owner and operator of Crump d/b/a/ Nuts n Sweet Things/Lickety Split, for the lease of approximately 290 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three (3) years beginning March 1, 2006, through February 28, 2009, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated February 6, 2006. 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 ~:,;; L ~j14J~6f~ Mary F. Parker City Clerk C. Nelson Harris Mayor 136 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2006. No. 37291-020606. , AN ORDINANCE authorizing the lease of an approximate 7.41 acre tract of City-owned land in Botetourt County, located northwest of the former City Nursing Home at Coyner Springs, for agricultural purposes, for a term of one (1) year beginning March 1, 2006, and expiring February 28, 2007, with four mutually agreed upon one year renewal options under the same terms, at an annual rental of $10.00 per acre per year; authorizing the appropriate City officials to execute a lease agreement therefore; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on February 6, 2006 pursuant to ss15.2-1800(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. 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 a form approved by the City Attorney, a lease with Ned B. Jeter for the lease of a 7.41-acre tract of land located near the former City Nursing Home at Coyner Springs for agricultural purposes, for a one (1) year period, beginning March 1, 2006, and expiring February 28, 2007, with four mutually agreed upon one year renewal options under the same terms, at an annual rental of $10.00 per acre per year, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated February 6, 2006. ' 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: /J n~ -J r ~.J~ Mary F. Parker City Clerk C'~*7~ c. Nelson Harris Mayor 137 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of February, 2006. No. 37292-020606. ,AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Department of Fire Programs Training Mini-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 Program Supplies 035-520-3565-3005 Revenues DFP Training Mini Grant FY06 035-520-3565-3565 $ 7,500.00 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 ?\.~ JL Mary F. Parker City Clerk C ,11ePo/jcfl~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2006. No. 37293-020606. A RESOLUTION accepting a mini-grant offer made to the City by the Virginia Fire Services Board and authorizing execution of any required documentation on behalf of the City. 138 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the mini-grant offered by the Virginia Fire Services Board in the amount of $7,500.00 upon all the terms, provisions and conditions relating to the receipt of such funds for the purchase of a forcible entry simulator for the Roanoke Valley Regional Training Center. The grant is more particularly described in the letter of the City Manager to Council dated February 6, 2006. 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, 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 in connection with the City's acceptance of this grant. APPROVED ~~ l-P~ Mary F. Parker City Clerk e vW~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2006. No. 37294-020606. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant, amending and reordaining certain sections of the 2005-2006 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 139 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 Vehicular Equipment Expendable Equipment Revenues RSAF - Ambulance - State FY06 RSAF - Ambulance - Local FY06 RSAF - Equipment - State FY06 RSAF - Equipment - Local FY06 035-520-3566-9010 035-520-3568-2035 035-520-3566-3566 035-520-3566~3567 035-520-3568-3568 035-520-3568-3569 Fleet Manacement Fund Appropriations Vehicular Equipment Transfer to Grant Fund 017-440-2642-9010 017-440-2643-9535 $ 89,794.00 39,000.00 42,235.00 47,559.00 19,500.00 19,500.00 (47,559.00) 47,559.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~T~ ,j~ Mary F. Parker City Clerk c~~ C. Nelson Harris . Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2006. No. 37295-020606. A RESOLUTION accepting the Rescue Squad Assistance Fund grant offer made to the City by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing execution of any required documentation on behalf of the City. 140 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Rescue Squad Assistance Fund grant offered by the Virginia Department of Health, Office of Emergency Medical Services, in the amount of $42,235.00 with a local match of $47,559.00, upon all the terms, provisions and conditions relating to the receipt of such funds for the purchase of an ambulance. The grant is more particularly described in the letter of the City Manager to Council dated February 6, 2006. 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, 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 in connection with the City's acceptance of this grant. APPROVED 7\T~ ; ~ Jr. - (2, Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2006. No. 37296-020606. AN ORDINANCE to appropriate Community Development Block Grant funding for the World Changers Program, amending and reordaining certain sections of the 2005-2006 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 141 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 World Changers Project 2006 035-G06-0620-5468 Revenues Hotel Roanoke Section 108 Loan Repayment 035-G06-0600-2634 $ 80,000.00 80,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED 7\..... J PwJ-.- Mary F. Parker City Clerk CJ~~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of February, 2006. No. 37297-020606. A RESOLUTION authorizing the appropriate City officials to execute an amendment to the Consolidated Plan for FY 2005-2010, providing for the addition of the 2006 World Changers project and the revision of the Belmont Community Healthcare Center project, and to execute and submit necessary documents to the U.S. Department of Housing and Urban Development (UHUDU), including a subgrant agreement, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to amend the Consolidated Plan for FY 2005-2010, providing for the addition of the 2006 World Changers project and the revision of the Belmont Community Healthcare Center project, and to execute and submit to HUD any additional necessary documents related to such addition and revision, 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 February 6, 2006, to this Council. 142 BE IT FURTHER 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, a Community Development Block Grant ("CDBG") Subgrant Agreement with the Blue Ridge Housing Development Corporation, Inc., such document to be similar in form and content to the attachment to the City Manager's letter dated February 6, 2006, to City Council and approved as to form by the City Attorney, all of which is more particularly set forth in the City Manager's letter dated February 6, 2006, to this Council. APPROVED A~ J p~ Mary F. Parker City Clerk e /VUI'hU~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of February, 2006. No. 37298-020606. A RESOLUTION authorizing the appropriate City officials to execute an amendment to the Consolidated Plan for FY 2005-2010, providing for the addition of the 2006 World Changers project and the revi.sion of the Belmont Community Healthcare Center project, and to execute and submit necessary documents to the U.S. Department of Housing and Urban Development ("HUD"), including a subgrant agreement, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to amend the Consolidated Plan for FY 2005-2010, providing for the addition of the 2006 World Changers project and the revision of the Belmont Community Healthcare Center project, and to execute and submit to HUD any additional necessary documents related to such addition and revision, 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 February 6, 2006, to this Council. 143 BE IT FURTHER 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, a Community Development Block Grant ("CDBG") Subgrant Agreement with the Blue Ridge Housing Development Corporation, Inc., such document to be similar in form and content to the attachment to the City Manager's letter dated February 6, 2006, to City Council and approved as to form by the City Attorney, all of which is more particularly set forth in the City Manager's letter dated February 6, 2006, to this Council. APPROVED 7\. ~ r;. .IL.- Mary F. Parker City Clerk c,14Vn ~#wf c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2006. No. 37299-020606. AN ORDINANCE to appropriate funding from the Commonwealth for E-911 Wireless Service, amending and reordaining certain sections of the 2005-2006 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 2005-2006 General and Department of Technology Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 144 General Fund Appropriations Transfer to Department of Technology 001-250-9310-9513 Revenues E-911 Wireless 001-110-1234-0654 Deoartment of Technolocv Fund Appropriations Appropriated from State Grant Funds 013-430-9870-9007 Revenues Transfer from General Fund 013-110-1234-1037 $144,808.00 144,808.00 144,808.00 144,808.00 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~--, -J ~ Mary F. Parker City Clerk ~. UeP~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2006. No. 37300-020606. A RESOLUTION authorizing the City Manager to receive, on behalf of the City of Roanoke and the Roanoke City Police Department, out-of-service cellular phones, and unclaimed cellular phones in the possession of the Police Department that are not evidence and are in no way subject to any claims or legal holds, such phones to be delivered to the Office of the Attorney General of the Commonwealth of Virginia for the Verizon HopeLine Program (Hope Line). 145 WHEREAS, HopeLine is a nationwide program to support domestic violence victims; and WHEREAS, HopeLine accepts no-longer used wireless phones and accessories from any service provider and turns tem into help and support for victims of domestic violence and the non-profit agencies and shelters critical to this cause. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized and directed to receive on behalf of the City of Roanoke and the Roanoke City Police Department, out-of-service cellular phones and unclaimed cellular phones in possession of the Police Department that are not evidence and are in no way subject to any claims or legal holds, and deliver such phones to the Office of the Attorney General of the Commonwealth of Virginia for the Verizon HopeLine Program. 2. The City Manager is hereby authorized on behalf of the City to execute all necessary and appropriate documents that are required to participate in the Verizon HopeLine Program, any such documents to be in a form approved by the City Attorney. APPROVED ~~-J~ Mary F. Parker City Clerk e~ Lt/l~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2006. No. 37301-020606. AN ORDINANCE to appropriate funding from the Capital Projects Fund and General Fund Undesignated Fund Balance for the Claytor Settlement and Motor Fuel Contingency, reordaining certain sections of the 2005-2006 General, Capital Projects and Risk Management Funds, and dispensing with the second reading by title of this ordinance. 146 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 General, Capital Projects and Risk Management Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Risk Management Fund Motor Fuel Contingency Fund Balance Undesignated Fund Balance Caoital Proiects Fund Appropriations Roanoke Neighborhood Development Corporation Crew Suites Transfer to Risk Management Fund Risk Manacement Fund Appropriations Miscellaneous Claims Revenues Transfer from General Fund Transfer from Capital Projects Fund 001-250-9310-9529 $204,127.00 001-300-9410-3012 168,611.00 001-3323 (372,738.00) 008-002-9651-9003 008-530-9712-9529 (300,000.00) 300,000.00 019-340-1262-2173 $ 504, 127.00 019-110-1234-0951 019-110-1234-1309 204,127.00 300,000.00 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: j) ~ ~ .j -r o.-t~<-- Mary F. Parker City Clerk ~.~~ C. Nelson Harris Mayor 147 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of February, 2006. No. 37302-020606. A RESOLUTION expressing City Council's intent that the City participate in a regional effort to develop a regional water supply plan in accordance with Virginia's local and regional water supply planning regulations. WHEREAS, improved coordination of drought response and water resources management activities at the local, regional, and state levels is essential to guaranteeing the adequacy of Virginia's water supplies to meet the current and future needs of Virginia's citizens in an environmentally sound manner; WHEREAS, Sec. 62.1-44.38:1, Code of Virginia, requires the development ()f a comprehensive statewide water supply planning process to: (1) ensure that adequate and safe drinking water is available to all citizens of the Commonwealth, (2) encourage, promote, and protect all other beneficial uses of the Commonwealth's water resources, and (3) encourage, promote, and develop incentives for alternative water sources; WHEREAS, Virginia's Local and Regional Water Supply Planning Regulations (9 VAC 25-780) ("Regulations") require that "all counties, cities and towns in the Commonwealth of Virginia shall develop a local water supply plan or shall participate in a regional planning unit in the submittal of a regional water supply plan to the Board"; WHEREAS, the Regulations define a "regional planning unit" as a collection of local governments who have voluntarily elected to develop and submit a regional water plan, and local governments electing to participate in the submittal of regional water supply plans must notify the Virginia Department of Environmental Quality of the intent to participate in a regional plan by November 2008; WHEREAS, the Counties of Bedford, Botetourt, Franklin, and Roanoke, the Cities of Roanoke and Salem, and the Towns of Boones Mill, Rocky Mount, and Vinton desire to participate in a cooperative regional effort to develop and submit a regional water plan, as a "regional planning unit", where the plan will result in the proposed development of future water supply projects that accommodate the long-range water supply needs of the participating local governments; and 148 WHEREAS, the Roanoke Valley-Alleghany Regional Commission has agreed to assist participating localities in applying for and coordinating a regional water supply planning grant from the Virginia Department of Environmental Quality to assist in development of a regional water supply plan that meets the criteria and conditions established in the Regulations. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that the City will participate, as part of a regional planning unit, in a water supply planning effort to develop a regional water supply plan in accordance with the Regulations. APPROVED ATTEST: 11"'01 ~ C.l{ef~~ Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2006. No. 37303-020606. AN ORDINANCE to amend ~36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by amending the condition presently binding upon the development of Patrick Henry High School previously conditionally zoned INPUD, Institutional Planned Unit Development District, by deleting the proffered condition presently binding on the subject property and applying new proffered conditions to the subject property; 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, Virginia ("City Council"), to amend the condition presently binding upon a tract of land located at 2102 Grandin Road, S.W., being designated as Official Tax No. 1460101, which property was previously rezoned INPUD, Institutional Planned Unit Development District, with a proffer, by the adoption of Ordinance No. 36795-071904, adopted July 19, 2004; 149 WHEREAS, the City of Roanoke seeks to have the subject property zoned INPUD, Institutional Planned Unit Development District, with proffers to be set forth in the Third Amended Petition to Amend Proffered Conditions; , WHEREAS, the City of Roanoke Public School Administration held four (4) community engagement meetings on November 17, November 22, December 1, and December 12, 2005, on the campus of Patrick Henry High School to solicit input from the community on the design of a school sports stadium on the subject property; WHEREAS, at its public meeting held on December 19, 2005, the School Board of the City of Roanoke voted to approve the proffers as set forth in the First Amended Petition to Amend Proffered Condition filed in the City Clerk's Office on December 9, 2005; WHEREAS, a Second Amended Petition to Amend Proffered Condition, addressing comments received by the City Planning Commission on December 21, 2005, was filed in the City Clerk's Office on December 23,2005, with the concurrence of the administration of the School Division; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a Third Amended Petition to Amend Proffered Conditions, reflecting the two (2) additional proffers made by the City at the public hearing conducted on February 6, 2006, will be filed in the City Clerk's Office, the school administration of the School Division concurring with the two (2) additional proffers at the public hearing; WHEREAS, a public hearing was held by City Council on such application at its meeting on February 6, 2006, after due and timely notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; 150 WHEREAS, this Council is of the opinion that the proposed amendment of proffers promotes adequate convenience of access and safety from fire and crime; reduces or prevents congestion in the public streets; facilitates the creation of a convenient, attractive and harmonious community; allows a neighborhood school to serve better the needs of the citizens who live in the area of the school; encourages high school students who attend Patrick Henry High School to take part in interscholastic sports and engage in other athletic activities; ensures that the athletic facilities will be more compatible with the surrounding neighborhood; facilitates the provision of adequate police and fire protection, schools, parks, recreational facilities, and other public requirements; protects against danger and congestion in travel and transportation; and encourages economic development activities that provide desirable employment and enlarge the tax base; 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, finds that the public necessity, convenience, general welfare and good zoning practice require the amending of the proffers pertaining to the subject property, and that the amending of the proffers is consistent with Vision 2001 - 2020, the City's Comprehensive Plan, and for those reasons, this Council is of the opinion that the condition now binding upon a tract of land located at 2102 Grandin Road, S.w., being designated as Official Tax No. 1460101, should be amended as requested, and that such property be zoned INPUD, Institutional Planned Unit Development District, with proffers as set forth in the Third Amended Petition to Amend Proffered Conditions to be filed in the City Clerk's Office. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the changes in proffered conditions as shown in the Third Amended Petition to Amend Proffered Conditions to be filed in the City Clerk's Office, so that the subject property is zoned INPUD, Institutional Planned Unit Development District, with such proffers. 151 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: /J I\~ J r~t~ Mary F. Parker City Clerk C2.U~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of February, 2006. No. 37304-022106. A RESOLUTION memorializing the late Evelyn Bruce Snead, mother of former Assistant City Manager Chip Snead. WHEREAS, the members of Council learned with sorrow of the passing of Mrs. Snead on Friday, January 20, 2006; WHEREAS, Mrs. Snead was born on May 23, 1911, in Sewell, West Virginia, the daughter of the late Elliot Tazewell and Katherine St. Clair Nichols Bruce; WHEREAS, Mrs. Snead was a 1927 graduate of Clifton Forge High School and a 1931 graduate of the College of William and Mary; WHEREAS, Mrs. Snead was a longtime business woman, and was the owner and president of E.A. Snead Furniture Company, Inc.; WHEREAS, Mrs. Snead was a dedicated member of the Clifton Forge Presbyterian Church and an active citizen and civic leader in Clifton Forge; WHEREAS, Mrs. Snead was an avid sportswoman who loved the outdoors and enjoyed swimming, field hockey, horseback riding, and especially her dogs, birds, and flowers; and 152 WHEREAS, Mrs. Snead was a Scotswoman that loved her Scottish heritage, which is traced in a direct line back to Robert the Bruce and will be remembered and loved by so many. 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 Evelyn Bruce Snead, and extends to her family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mrs. Snead's sons, George Carpenter "Chip" Snead, Jr., of New Castle, Virginia, and Edwin Archer "Ned" Snead II, of Ashland, Virginia. APPROVED ATTEST: ~~ -J K-I.. Mary F. Parker City Clerk c.~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of February, 2006. No. 37305-022106. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia through the Technology Trust Fund for the improvement of operations in the Office of Circuit Court Clerk, 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: 153 Appropriations Maintenance Contracts 035-120-5150-2005 $ 29,964.00 Revenues Comp Board Tech Trust Fund FY06 035-120-5150-5150 29,964.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED AS~ 1. L Mary F. Parker City Clerk c.~tl~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of February, 2006. No. 37306-022106. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act Grant Capacity Building Activity FY06, 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 WIA Capacity Building - Professional Services WIA Capacity Building - Meeting Room Rent WIA Capacity Building - Wages WIA Capacity Building - Supplies Revenues WIA Capacity Building Grant FY06 035-633-2327-2010 035-633-2327-3075 035-633-2327-8050 035-633-2327-8055 $ 8,000.00 850.00 3,000 .00 250.00 035-633-2327-2327 12,100.00 154 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 7\~-JL Mary F. Parker City Clerk APPROVED Cl{~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of February, 2006. No. 37307-022106. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Virginia Institute for Social Service Training Activities (VISSTA) , 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 Overtime Wages ICMA Match Disability Insurance Professional Services Telephone Administrative Supplies Expendable Equipment Program Activities Other Rental Fleet Parts/Sublet Billings Revenues VISSTA 001-630-5318-1003 001-630-5318-1116 001-630-5318-1131 001-630-5318-2010 001-630-5318-2020 001-630-5318-2030 001-630-5318-2035 001-630-5318-2066 001-630-5318-3075 001-630-5318-7026 001-110-1234-0671 $ 2,000.00 500.00 50.00 10,000.00 2,500.00 6,500.00 10,000.00 43,160.00 40,000.00 300.00 115,010.00 155 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED f\AM-y -J, ~ Mary F. Parker City Clerk c..W~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of February, 2006. No. 37308-022106. 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 ("VISSTA") 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 VISSTA Piedmont Area Training Center, in the amount of $258,505, as set forth in the City Manager's letter, dated February 21,2006, 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 7\~1~ Mary F. Parker City Clerk c,l{aQ~<tt~ C. Nelson Harris Mayor 156 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of February, 2006. No. 37309-022106. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Police Department Domestic Violence 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 Salary City Retirement FICA Medical Insurance Dental Insurance Life Insurance Revenues VSTOP Grant - Local - CY2006 VSTOP Grant - State - CY2006 035-640-3328-1002 035-640-3328-1105 035-640-3328-1120 035-640-3328-1125 035-640-3328-1126 035-640-3328-1130 035-640-3328-3321 035-640-3328-3328 $ 30,239.00 4,191.00 2,313.00 4,140.00 247.00 369.00 8,532.00 32,967.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ~T~ 1,o~ Mary F. Parker City Clerk APPROVED (.ltJt.~~ c. Nelson Harris Mayor 157 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of February, 2006. No. 37310-022106. A RESOLUTION accepting the Virginia Services, Training, Officers, Prosecution (VSTOP) Violence Against Women grant to the City from 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 $32,967 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires an $10,989 in-kind match by the City, is more particularly described in the letter of the City Manager to Council, dated February 21, 2006. 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. 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 Af\~ -J-L Mary F. Parker City Clerk Q,U~~l}-~ C. Nelson Harris Mayor 158 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of February, 2006. No. 37311-022106. AN ORDINANCE authorizing the City Manager to execute Amendment No. 3 to the Agreement dated December 24, 2002, between the City of Roanoke and the YMCA of Roanoke Valley, Inc. ("YMCA"), to extend the date to February 28, 2006, 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 address the future removal and disposal of piping and impacted soil from an underground storage tank, to address the removal and disposal of a pedestrian walkway between two buildings which constituted the former YMCA facility, to address survival of such provisions and other provisions after closing, and to include other 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, Amendment No. 3 to the Agreement dated December 24, 2002, between the City of Roanoke and the YMCA, to extend the date to February 28, 2006, 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 address the future removal and disposal of piping and impacted soil from an underground storage tank, to address the removal and disposal of a pedestrian walkway between two buildings which constituted the former YMCA facility, to address survival of such provisions and other provisions after closing, and to include other terms and conditions, and as more particularly described in the City Manager's letter dated February 21, 2006, to this Council, and the copy of Amendment No. 3 attached thereto. 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: 0 A""O -:9. l' a,. ~. C.1A~~ Mary F. Parker City Clerk C. Nelson Harris Mayor 159 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of February, 2006. 37312-022106. A RESOLUTION requesting the Commonwealth Transportation Board to make the multi-modal improvement of the Interstate 81 (1-81) corridor a high priority transportation project within the Commonwealth and to proceed with the necessary work to implement these improvements in a timely manner. WHEREAS, the City of Roanoke recognizes that a safe. efficient, and well- managed 1-81 highway corridor is vital to the Roanoke Valley's current and future economy and quality of life; WHEREAS, the 1-81 corridor is an overburdened primary interstate corridor within the Roanoke Valley, the Commonwealth of Virginia, and the nation; WHEREAS, the 1-81 corridor is increasingly the route of choice for cars and trucks traveling between the Northeast and the South and Southwest because of congestion on 1-95 and expanding shipments generated by the North American Free Trade Act; and WHEREAS, the Virginia Department of Transportation (VDOT) has published a Tier 1 Draft Environmental Impact Statement that identifies needs, develops solutions, and evaluates potential impacts associated with conceptual-level improvements along the entire 325-mile 1-81 corridor in Virginia, as well as improvements to Norfolk Southern's Shenandoah and Piedmont rail lines in Virginia; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City hereby endorses and requests that the Commonwealth Transportation Board continue the advancement of corridor improvements appropriately balancing freight rail, public transportation, and strategic interstate widening in a manner that will maximize the utilization and efficiency of all transportation modes along this corridor while minimizing impacts on the environment, including scenic and cultural resources. Further, the City urges the 160 Commonwealth of Virginia to identify, and make available, the needed resources to improve this vital corridor in a timely manner, and for VDOT to recognize the 1-81 highway improvement segments in the Roanoke and New River Valleys as high priorities to be more closely studied and advanced in the 1-81 Corridor Improvement Tier 2 environmental documents. APPROVED A7\~/L Mary F. Parker City Clerk ~,1\eQ4~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of February, 2006. No. 37313-022106. AN ORDINANCE amending and reordaining Ordinance No. 35619- 101801; and dispensing with the second reading by title of this ordinance. WHEREAS, by adopting Ordinance No. 35619-101801, on October 18, 2001, City Council intended to permanently vacate, discontinue and close a certain unnamed and undeveloped alley way extending between 10)12 Street and 11th Street, S.E., between properties identified as Official Tax Nos. 4111317 and 4111303, for a distance of approximately 130 feet in a westerly direction from l1'h Street; WHEREAS, Ordinance No. 35619-101801 provided that it would be null and void, with no further action by City Council being necessary, if a certified copy of Ordinance No. 35619-101801 were not recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, within twelve months of the date of adoption of the ordinance; 161 WHEREAS, Ordinance No. 35619-101801 became null and void, by its terms, when a certified copy of Ordinance No. 35619-101801 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 sixty months will effectuate the purpose of Ordinance No. 35619-101801; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the next to last paragraph of Ordinance No. 35619-101801 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 sixty (60) 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. 35619-101801 that is to be recorded with the Clerk of the Circuit Court. BE IT FINALLY ORDAINED that pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED AA-r J L Mary F. Parker City Clerk Q.W~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of February, 2006. No. 37314-022106. AN ORDINANCE amending and reordaining Ordinance No. 36226- 020303; and dispensing with the second reading by title of this ordinance. 162 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 5th Street to 6th 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, 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. 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; WHEREAS, on August 15, 2005, City Council adopted Ordinance No. 37152-081505, amending and reordaining Ordinance No. 36226-020303, to extend to thirty-six (36) months after February 3, 2003, the date by which the required plat of subdivision must be prepared and recorded; WHEREAS, as of February 3, 2006, the required plat of subdivision had not yet been filed with the Clerk of the Circuit Court for the City of Roanoke; WHEREAS, Ordinance No. 36226-020303 became null and void, by its terms, when a plat of subdivision was not recorded within thirty-six (36) months after February 3, 2003; and WHEREAS, an extension of time in which the plat of subdivision can be recorded after adoption of the ordinance to forty-eight (48) 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 forty-eight (48) 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. 163 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 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED AT~ -I.f~ Mary F. Parker City Clerk C/1A&~~' C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of February, 2006. No. 37315-022106. AN ORDINANCE to appropriate funding to be provided by the Series 2005 and 2006A and B Bonds to various capital projects, amending and reordaining certain sections of the 2005-2006 Civic Facilities, Parking, Capital Projects, Department of Technology 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 2005-2006 Civic Facilities, Parking, Capital Projects, Department of Technology and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 164 Civic Facilities Fund Appropriations Civic Facilities Expansion/Renovation 005-550-8630-9198 $6,405,000.00 Parkinq Fund Appropriations Appropriated from 2006 Bond Funds 007-540-8252-9170 2,600,000.00 Caoital Proiects Fund Appropriations Appropriated from 2006 Bond Funds 008-310-9739-9170 1,200,000.00 Art Museum of Western Virginia 008-310-9740-9171 2,500,000.00 Countryside Golf Course 008-310-9740-9172 3,975,000.00 Appropriated from 2006 Bond Funds 008-052-9633-9170 4,250.00 South Jefferson 008-530-9828-9840 5,495,750.00 Revenues General Obligation Bond Proceeds 008-110-1234-1042 13,175,000.00 Deoartment of Technolocv Fund Appropriations Appropriated from 2006 Bond Funds 013-430-9865-9170 2,000,000.00 Appropriated from 2006 Bond Funds 013-430-9908-9170 600,000.00 School Caoital Proiects Fund Appropriations Appropriated from 2006 Bond Funds 031-065-6066-6896-9170 14,250,000.00 Revenues General Obligation Bond Proceeds 031-110-1234-1142 14,250,000.00 165 Pursuant to the provisions of Section 12 of the City Charter, the second reading f this ordinance by title is hereby dispensed with. APPROVED ~Tb-<; j ~ Mary F. Parker City Clerk C.11{~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of February, 2006. No. 37317-022106. AN ORDINANCE approving the Strategic Housing Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Strategic Housing Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the Strategic Housing Plan was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on January 19, 2006, and recommended adopting the Plan, with the three modifications set forth in the Planning Commission's report dated February 21, 2006, to this Council (collectively, the "Plan as modified"), and amending Vision 2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan as modified; and WHEREAS, in accordance with the provisions of s15.2-2204, Code of Virginia (1950), as amended, a public hearing on the proposed Plan as modified was held before this Council on Tuesday, February 21, 2006, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. 166 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Plan as modified and amends Vision 2001 - 2020, the City's Comprehensive Plan, to include the Plan as modified 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 ~.~ -f~ Mary F. Parker City Clerk c.~~~. C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of February, 2006. No. 37318-022106. AN ORDINANCE approving the Mill Mountain Park Management Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Mill Mountain Park Management Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the Mill Mountain Park Management Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on January 19, 2006, and recommended adopting the Plan and amending Vision 2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and 167 WHEREAS, in accordance with the prOVISions of 915.2-2204, Code of Virginia (1950), as amended, a public hearing on the proposed Plan was held before this Council on Tuesday, February 21, 2006, 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 Mill Mountain Park Management Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Mill Mountain Park Management 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 AT~1~ Mary F. Parker City Clerk c \;(gQ~ ~",-; C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of February, 2006. No. 37319-022106. AN ORDINANCE amending the Fee Compendium to reflect new zoning designations and associated fees; providing for an effective date; and dispensing with the second reading of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Fees to process applications for amendments to the zoning map shall be amended to include the following: 168 Rezoning to Residential Districts RA, R-12, R-7, R-5, R-3, RM-1, RM-2, RMF $600 + $25 per acre or any portion thereof Rezoning to Commercial Districts CN, CG, CLS $900 + $25 per acre or any portion thereof Rezoning to Industrial Districts $900 + $25 per acre or any portion thereof Rezoning to Special Purpose Districts D, Downtown MX, Mixed Use IN, Institutional District ROS, Recreation and Open Space AD, Airport Development $900 + $25 per acre or any portion thereof Rezoning to Planned Unit Developments Districts MXPUD, Mixed PUD INPUD, Institutional PUD IPUD, Industrial PUD $1,000+$25 per acre or any portion thereof Rezoning to Overly Districts H-1, Historic Downtown H-2, Neighborhood Historic ND, Neighborhood Design RCC, River and Creek Corridor CS, Comprehensive Sign $250 Amendment to Proffered Conditions $500.00 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 with regard to subdivision and zoning fees. 3. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Ordinance. 169 4. The fees established by this Ordinance will become effective immediately upon its passage, and shall remain in effect until amended by this Council. 5. Pursuant to 912 of the Roanoke City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED /\~ 4 L (.1{~~~' Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of February, 2006. No. 37320-022106. AN ORDINANCE authorizing the lease of approximately 190 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three (3) years beginning March 1, 2006, through February 28, 2009; authorizing the appropriate City officials to execute a lease agreement therefore; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on February 21, 2006, 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: 170 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 Juan E. Garcia, the owner and operator of Paradiso Cuban Restaurant, for the lease of approximately 190 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three (3) years beginning March 1, 2006, through February 28, 2009, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated February 21, 2006. 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 7\~f~ Mary F. Parker City Clerk ~.w~~' C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of February, 2006. No. 37321-022106. AN ORDINANCE authorizing the City Manager to execute Amendment No. 1 to the lease agreement dated January 9, 2004, between YMCA of Roanoke Valley, Inc., and the City of Roanoke, for the lease of City-owned property identified as Official Tax Nos. 1113408, 1113409, 1113410, 1113411, 1113412, 1113413, 1113512, 1113513, 1113514, 1113515 and 1113516, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on February 21, 2006, pursuant to 9915.2-1800(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 amendment to the lease. 1 71 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, Amendment No.1 to the lease agreement dated January 9, 2004, between YMCA of Roanoke Valley, Inc., and the City of Roanoke, for the lease of City-owned property identified as Official Tax Nos. 1113408, 1113409, 1113410, 1113411, 1113412, 1113413, 1113512,1113513,1113514,1113515 and 1113516, upon the terms and conditions as more particularly set forth in the City Manager's letter dated February 21, 2006, to this Council, and the copy of Amendment No.1 attached thereto. 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 11~ .J.!2w c~~~~ C. Nelson Harris Mayor ATTEST: Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 2006. No. 37322-030606. AN ORDINANCE to appropriate funding from the Commonwealth for the Office of Emergency Medical Services Four for Life Program, 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: 172 Appropriations EMS - Four for Life Revenues EMS - Four for Life 001-520-3521-2245 $ 23,889.00 001-110-1234-0657 23,889.00 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: f) ~~ -J rfJ.AIt-- Mary F. Parker City Clerk (/. J)M,; JJ~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of March, 2006. No. 37323-030606. A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of Valley View Mall for the Fair Housing Board's Fair Housing Fair, 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 29, 2006, in connection with the Fair Housing Fair activities as set forth in the City Manager's letter to this Council dated March 6, 2006. 173 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 29, 2006, for the Fair Housing Fair activities. APPROVED ATTEST: /J ~ il~. (JJ .J r p.". t.~~~ Mary F. Parker City Clerk c. ~~ FY4-rnb c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 2006. No. 37324-030606. 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. 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 May 6, 2006, in connection with its Citizen Appreciation Day activities, as set forth in the City Manager's letter to this Council dated March 6, 2006. 174 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 May 6, 2006, for Citizen Appreciation Day activities. APPROVED ATTl\~ J~ c/ 1M~ a~ Mary F. Parker City Clerk C. Nelson Harris Mayor - - - - - - - - - - - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 2006. No. 37316-030606. AN ORDINANCE to appropriate funding for the 2005-06 Capital Maintenance and Equipment Replacement Program and Patrick Henry High School Stadium Project, amending and reordaining certain sections of the 2005- 2006 General, Capital Projects, School, School Capital Projects, and School Food Services Fund Appropriations. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 General, Capital Projects, School, School Capital Projects, and School Food Services Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to School Fund - CMERP 001-250-9310-9532 Fund Balance Undesignated Fund Balance- Schools 001-3324 $ 544,576.00 544,576.00 175 Capital Proiects Fund Appropriations Stadium/Amphitheater Project 008-530-9758-9076 (4,100,000.00) Transfer to School Capital Projects Fund 008-530-9758-9531 4,100,000.00 School Fund Appropriations Facility Maintenance Equipment 030-065-7600-6681-0821 $ 200,000.00 School Furniture 030-065-7600-6896-0822 291,206.00 Revenues Transfer from General Fund 030-060-6000-1037 491,206.00 School Capital Proiects Fund Appropriations 2002 Bond Funds 031-065-6072-6896-9001 4,100,000.00 Revenues Transfer from Capital Projects Fund 031-060-6058-1237 4,100,000.00 School Food Services Fund Appropriations Food Service Furniture 032-065-7600-6788-0821 53,370.00 Revenues Transfer from General Fund 032-060-6000-1037 53,370.00 APPROVED ATTEST: ;jI /\~ -Jr~~- . Mary F. Parker City Clerk c-. UJL<tJCVh7Q C. Nelson Harris Mayor 175 Caoital Proiects Fund Appropriations Stadium/Amphitheater Project 008-530-9758-9076 (4,100,000.00) Transfer to School Capital Projects Fund 008-530-9758-9531 4,100,000.00 School Fund Appropriations Facility Maintenance Equipment 030-065-7600-6681-0821 $ 200,000.00 School Furniture 030-065-7600-6896-0822 291,206.00 Revenues Transfer from General Fund 030-060-6000- 1 037 491,206.00 School Caoital Proiects Fund Appropriations 2002 Bond Funds 031-065-6072-6896-9001 4,100,000.00 Revenues Transfer from Capital Projects Fund 031-060-6058-1237 4,100,000.00 School Food Services Fund Appropriations Food Service Furniture 032-065-7600-6788-0821 53,370.00 Revenues Transfer from General Fund 032-060-6000-1037 53,370.00 APPROVED ATTEST: 0 I"\~ -JrfA;.N- - Mary F. Parker City Clerk C- UcA-<tJCVh70 C. Nelson Harris Mayor 177 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 2006. No. 37326-032006. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Homeless Assistance Team 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 Salary Temporary Employee Wages City Retirement FICA Medical Insurance Dental Insurance Telephone Telephone-Cellular Administrative Supplies Expendable Equipment <$5000.00 Motor Fuel and Lubricants Fleet Management Daily Vehicle Rental Program Activities Postage Revenues Homeless Assistance Team- Federal 2006 Homeless Assistance Team- Local Match 2006 035-630-3340-1002 035-630-3340-1004 035-630-3340-1105 035-630-3340-1120 035-630-3340-1125 035-630-3340-1126 035-630-3340-2020 035-630-3340-2021 035-630-3340-2030 035-630-3340-2035 035-630-3340-2038 035-630-3340-2054 035-630-3340-2066 035-630-3340-2160 035-630- 3340-5340 035-630-3340-5341 $ 97,954.00 13,334.00 12,352.00 8,514.00 10,620.00 704.00 2,667.00 1,667.00 1,000.00 500.00 3,000.00 2,000.00 17,274.00 500.00 137,669.00 34,417.00 178 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~AA-t-1~ Mary F. Parker City Clerk c:.1M~~~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 2006. No. 37327-032006. A RESOLUTION authorizing acceptance of the Roanoke Homeless Assistance Team Renewal Grant Award from the United States Department of Housing and Urban Development to provide outreach and limited case management services to the homeless; 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 Roanoke Homeless Assistance Team Renewal Grant Award from the United States Department of Housing and Urban Development in the amount of $137,669.00 to provide outreach and limited case management services to the homeless, as more particularly set forth in the March 20, 2006, letter of the City Manager to this Council. 179 2. The City Manager is hereby authorized to execute any and all requisite documents 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 acceptance of this grant. APPROVED ~T~j~ Mary F. Parker City Clerk e~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 2006. No. 37328-032006. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Shelter Plus Care 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 Shelter Plus Care 2006 Revenues Shelter Plus Care 2006 035-630-5290-2159 $ 136,716.00 035-630-5290-5290 $ 136,716.00 180 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ar\..., -J P ~ Mary F. Parker City Clerk C. LtttO~ tI~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 2006. No. 37329-032006. A RESOLUTION authorizing acceptance of the Shelter Plus Care Grant Award from the U. S. Department of Housing and Urban Development in the amount of $1 36,716.00 for a one-year period, to provide rental assistance and supportive services to disabled homeless individuals; 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 Shelter Plus Care Grant Award from the U. S. Department of Housing and Urban Development in the amount of $136,176.00 for a one-year period, to provide rental assistance and supportive services to disabled homeless individuals, as more particularly set forth in the March 20, 2006, letter of the City Manager to this Council. 1 81 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 ~T~ 1 p~ Mary F. Parker City Clerk ~. ~aQ~cl~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 2006. No. 37330-032006. AN ORDINANCE to appropriate local match funding and funding from the Commonwealth of Virginia Department of Criminal Justice Services for the Juvenile Accountability Block Grant Program, 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: 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 001-250-9310-9535 $ 001-630-1270-2010 3,149.00 (3,149.00) 035-630-5072-2010 035-630-5074-2010 31,488.00 13,602.00 035-630-5072-5072 28,339.00 182 Local Match - City State Grant Receipts - County Local Match - County 035-630-5072-5073 035-630-5074-5074 035-630-5074-5076 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 f\"^I Mary F. Parker City Clerk }~ ~.w~~~ ATTEST: C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 2006. No. 37331-032006. A RESOLUTION authorizing acceptance of a Juvenile Accountability Block Grant from the Virginia Department of Criminal Justice Services on behalf of the City, 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. The Juvenile Accountability Block Grant 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 March 20, 2006, to Council is hereby ACCEPTED. 183 2. The City Manager, or her designee, is hereby authorized to execute 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 this grant. All documents shall be approved as to form by the City Attorney. APPROVED ?\.""'o 4. ~ Mary F. Parker City Clerk (2_J1{~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 2006. No. 37332-032006. AN ORDINANCE to appropriate funding from the Federal Government for the Learn and Serve K-12 Virginia program, 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: School Fund Appropriations Compensation of Substitute Teachers 030-062-6891-6315-0021 $ 100.00 Compensation of Counselors Retirement-HIC VRS 030-062-6891-6315-0123 4,000.00 030-062-6891-6315-0151 8,000.00 030-062-6891-6315-0200 25.00 Compensation of Clerical Social Security 030-062-6891-6315-0201 926.00 184 Retirement-VRS 030-062-6891-6315-0202 625.00 Health Insurance 030-062-6891-6315-0204 550.00 Maintenance Service Contracts 030-062-6891-6315-0332 26,160.00 Printing and Binder Services 030-062-6891-6315-0351 450.00 Conventions/Education 030-062-6891-6315-0554 187.00 Education and Recreational Supplies 030-062-6891-6315-0614 255.00 Revenues Federal Grant Receipts 030-062-6891-1102 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. APPROVED ATTEST: // r\, ~ j (/' w- ~-~-- Mary F. Parker City Clerk ~w~<t{-~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 2006. No. 37333-032006. AN ORDINANCE to appropriate funding from the School Food Services Fund Unappropriated Fund Balance, amending and reordaining certain sections of the 2005-2006 School and School Food Services Funds Appropriations and dispensing with the second reading by title of this ordinance. 185 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 School and School Food Services Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: School Fund Appropriations School Furniture Revenues Transfer from School Food Services Fund Fund Balance Reserved for Insurance Claims-Schools School Food Services Fund Appropriations Transfer to School Fund Fund Balance Reserved for Insurance Claims-Schools Unappropriated 030-065-7600-6896-0822 $ 3,370.00 030-060-6000-1112 53,370.00 030-3340 50,370.00 032-065-7600-6788-9530 53,370.00 032-3340 032-3325 50,000.00 (103,370.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ?\~Jf~ Mary F. Parker City Clerk APPROVED ~.1i~~~~ Mayor 186 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 2006. No. 37334-032006. AN ORDINANCE to amend ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to establish a comprehensive sign overlay district within the City of Roanoke to be known as the Riverside Center Comprehensive Sign Overlay District; and dispensing with the second reading by title of this ordinance. WHEREAS, Carilion Medical Center, CHS, Inc., and B & B Holdings LLC, have made application to the Council of the City of Roanoke, Virginia ("City Council"), to establish a comprehensive sign overlay district on the hereinafter described property within the City to be known as the Riverside Center Comprehensive Sign Overlay District, zoned INPUD District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on March 20, 2006, after due and timely notice thereof as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed establishment of the Riverside Center Comprehensive Sign Overlay District; 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, finds that the public necessity, convenience, general welfare and good zoning practice, require that the hereinafter described property located on or near the Reserve Avenue, S. W., area, being more specifically identified as Official Tax Nos. 1032203, 1032209, 1032208, 1032207, 1032106, 1032105, 1032104, 1032103, 1032102, 1032101, 1032006, 1032005, 1032002, 1032001, 1031902 and 1032201, containing 22.1530 acres, more or less, should be 187 designated as a comprehensive sign overlay district to be known as the Riverside Center Comprehensive Sign Overlay District, zoned INPUD, as herein provided, and finds that such district meets the standards set forth in 936.2- 336, Code of the City of Roanoke (1979), as amended, and will serve the public purposes and objectives set forth in 936.2-660 of the Code of the City of Roanoke (1979), as amended, at least as well, or better, than the signage that would otherwise be required or permitted by Chapter 36.2. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Nos. 1032203, 1032209,1032208,1032207,1032106,1032105, 1032104, 1032103, 1032102, 1032101, 1032006, 1032005, 1032002, 1032001, 1031902 and 1032201, containing 22.1530 acres, more or less, be, and are hereby, designated as a comprehensive sign overlay district to be known as the Riverside Center Comprehensive Sign Overlay District, zoned INPUD, as set forth in the First Amended Petition filed in the Office of the City Clerk on February 8, 2006. 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 ~S~j~ Mary F. Parker City Clerk C2. ~~. C. Nelson Harris Mayor 188 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 2006. No. 37335-032006. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by amending the conditions presently binding upon certain property conditionally zoned 1-1, Light Industrial District; and dispensing with the second reading by title of this ordinance. WHEREAS, Crawford Development Co., LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), 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 is zoned 1-1, Light Industrial District, with proffers, such proffers being accepted by the adoption of Ordinance No. 35071-100200, adopted October 2, 2000, and amended by the adoption of Ordinance No. 37025-041805, adopted April 18, 2005; WHEREAS, Crawford Development Co., LLC, seeks to amend proffers currently binding on the subject property zoned 1-1, Light Industrial District, with proffers, with such new proffers as set forth in the Second Amended Petition filed in the City Clerk's Office on February 22, 2006; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on March 20, 2006, after due and timely notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and 189 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, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the proffers applicable to the subject property, 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, should be amended as requested, and that such property be zoned 1- 1, Light Industrial District, with proffers as set forth in the Second Amended Petition filed in the City Clerk's Office on February 22, 2006. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the proffered conditions as set forth in the Second Amended Petition filed in the City Clerk's Office on February 22, 2006, so that the subject property is zoned 1-1, Light Industrial District, with such 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 n~j~ Mary F. Parker City Clerk ~ ( C. Nelson Harris Mayor 190 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 2006. No. 37336-032006. AN ORDINANCE authorizing the conveyance of an easement of an approximate width of 40 feet and an approximate length of 410 feet across City-owned property identified by Official Tax Map Nos. 4150101 Rand 4150501 R, located adjacent to Riverview Boulevard, S. E., and Arbor Avenue, S. E., to Appalachian Power Company, to relocate and install new 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 March 20, 2006, pursuant to 111l15.2-1800(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 an easement of an approximate width of 40 feet and an approximate length of 410 feet across City-owned property identified by Official Tax Map Nos. 4150101 Rand 4150501 R, located adjacent to Riverview Boulevard, S. E., and Arbor Avenue, S. E., to Appalachian Power Company, to relocate and install new facilities, in connection with the Roanoke River Flood Reduction Project, as more particularly set forth in the March 20, 2006, 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 ;:;;:. j ~ Mary F. Parker City Clerk Q..~~ C. Nelson Harris Mayor 1 91 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 2006. No. 37337-032006. AN ORDINANCE to appropriate additional funding from the Commonwealth of Virginia for the Department of Social Services and Comprehensive Services Act (CSA), 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: General Fund Appropriations Salary Lapse Expendable Equipment Temporary Wages Emergency Assistance Auxiliary Grant General Relief Refugee Resettlement ADC Foster Care Special Needs Adoption Adoption Incentive Respite Care Subsidized Adoption Day Care Services Purchased Services Foster Care-All Others (CSA) Special Ed-Private Day (CSA) 001-300-9410-1152 001-630-5311-2035 001-630-5313-1004 001-630-5313-3110 001-630-5313-3120 001-630-5313-3125 001-630-5313-3150 001-630-5314-3115 001-630-5314-3130 001-630-5314-3131 001-630-5314-3132 001-630-5314-3155 001-630-5314-3159 001-630-5316-3160 001-630-5410-3181 001-630-5410-3187 $ (282,190.00) 15,000.00 30,000.00 1 ,000.00 112,000.00 133,000.00 1,000.00 120,000.00 500,000.00 15,211.00 15,000.00 200,000.00 600,000.00 150,000.00 1,288,744.00 209,000.00 192 Revenues Auxiliary Grant General Relief Foster Care General Administration Refugee Program Emergency Assistance Purchased Services Day Care CSA School CSA 001-110-1234-0670 001-110-1234-0674 001-110-1234-0675 001-110-1234-0676 001-110-1234-0679 001-110-1234-0680 001-110-1234-0683 001-110-1234-0686 001-110-1234-0692 001-110-1234-1376 89,600.00 83,125.00 835,211.00 15,000.00 1,000.00 16,000.00 1 50,000.00 585,000.00 1,037,637.00 295,192.00 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: ;/Zl' ~~ Mary F. Parker City Clerk Q..11~~ L C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 2006. No. 37338-032006. AN ORDINANCE to appropriate funding from the General Fund Motor Fuel Contingency and Life Insurance Premium accounts to various department motor fuel and parts accounts and to increase the motor fuel and parts revenue and expenditure budgets in the Fleet Management Fund, amending and reordaining certain sections of the 2005-2006 General and Fleet Management Funds Appropriations, and dispensing with the second reading by title of this ordinance. 193 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 General and Fleet Management Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Motor Fuel Contingency Life Insurance Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants 001-300-9410-3012 001-250-9110-1130 001-140-2140-2038 001-140-3310-2038 001-300-1211-2038 001-310-8120-2038 001-430-4170-2038 001-440-1617-2038 001-440-4220-2038 001-440-4330-2038 001-520-3211-2038 001-520-3212-2038 001-520-3213-2038 001-520-3214-2038 001-520-3521-2038 001-530-1280-2038 001-530-4110-2038 001-530-4160-2038 001-530-4210-2038 001-530-4310-2038 001-610-3410-2038 001-610-8110-2038 001-615-8113-2038 001-620-4340-2038 001-620-7110-2038 001-620-7111-2038 001-630-5314-2038 001-630-5318-2038 001-631-3350-2038 001-631-3360-2038 001-640-3111-2038 001-640-3112-2038 001-640-3113-2038 001-640-3114-2038 001-640-3115-2038 $ (168,611.00) (284,489.00) 6,500.00 9,000.00 300.00 200.00 300.00 500.00 500.00 6,500.00 1,000.00 2,600.00 32,000.00 600.00 1,500.00 200.00 32,500.00 7,500.00 67,500.00 2,500.00 2,000.00 400.00 1,500.00 19,000.00 1 ,000.00 200.00 3,500.00 100.00 700.00 500.00 1,000.00 9,000.00 68,000.00 500.00 700.00 194 Motor Fuel and Lubricants Motor Fuel and Lubricants Motor Fuel and Lubricants Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Parts/Sublet Billings Fleet Manacement Fund Appropriations Project Supplies Motor Fuel/Lube Purchases Revenue Billings to the General Fund Billings for Motor Fuel and Lube 001-640-3530-2038 001-650-7310-2038 001-660-1214-2038 001-140-2140-7026 001-140-3310-7026 001-300-1211-7026 001-430-4170-7026 001-440-1617-7026 001-440-4330-7026 001-520-3212-7026 001-520-3213-7026 001-520-3521-7026 001-530-1280-7026 001-530-4110-7026 001-530-4160-7026 001-530-4210-7026 001-530-4310-7026 001-610-3410-7026 001-615-8113-7026 001-620-4340-7026 001-620-7110-7026 001-630-5314-7026 001-631-3350-7026 001-631-3360-7026 001-640-3111-7026 001-640-3112-7026 001-640-3113-7026 001-640-3115-7026 001-640-3530-7026 001-650-7310-7026 001-660-1214-7026 3,100.00 200.00 500.00 2,200.00 1,700.00 500.00 300.00 200.00 1,400.00 500.00 21,000.00 1 ,400.00 100.00 23,900.00 2,300.00 62,300.00 1,000.00 500.00 900.00 11,500.00 500.00 800.00 500.00 200.00 200.00 1,500.00 33,000.00 200.00 500.00 200.00 200.00 017-440-2641-3005 017-440-2641-3013 169,500.00 296,800.00 017-110-1234-0952 169,500.00 296,800.00 017-110-1234-1279 I I I 195 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ^AT"^g J. L Mary F. Parker City Clerk c.tW~~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'd day of April, 2006. No. 37339-040306. A RESOLUTION memorializing the late Margaret (Fran) Cox Fulford, an employee of the City for thirty-seven years. WHEREAS, the members of Council learned with sorrow of the passing of Mrs. Fulford on Wednesday, February 8, 2006; WHEREAS, Mrs. Fulford was born June 9, 1939, in Wytheville, Virginia, and survived two husbands, the late James E. Cox and the late Kyle A. Fulford; WHEREAS, Mrs. Fulford began working for the City on March 6, 1969, worked as a legal secretary in the City Attorney's Office beginning February 23, 1970, and served three City Attorneys, the late James N. Kincannon, Wilburn C. Dibling, Jr., and William M. Hackworth; WHEREAS, Mrs. Fulford took on every task with zeal, professionalism, and devotion, and did her best at everything she undertook; WHEREAS, Mrs. Fulford was committed to the betterment of the City, and took her responsibilities very seriously; 196 WHEREAS, Mrs. Fulford will always be remembered for her caring nature and for her devotion and dedication to her family, her friends, her co-workers, and the City; and WHEREAS, Mrs. Fulford's intelligence, humor, wit, and honest manner will be greatly missed by all of those who knew her. 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 Margaret (Fran) Cox Fulford, and extends to her family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mrs. Fulford's daughter, Tamara C. Greene, and son James E. (Eddie) Cox, III, both of Roanoke, Virginia. APPROVED ATTEST: n~ ;,!L ~'c~~ Mayor Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'd day of April, 2006. No. 37340-040306. A RESOLUTION paying tribute to the Roanoke Catholic Celtics Basketball Team for its victory in the Virginia Independent School Division II State Basketball Championship Tournament at Richard Bland College in Petersburg, Virginia, on March 4, 2006. WHEREAS, the Celtics defeated Miller School from Crozet, Virginia by a score of 68 to 62 in the title game; I I I I I I ,;"; 197 WHEREAS, team members Phillip Martin and Deangelo Robinson' were selected to the All Tournament Team and Aurimas Adomaitis was selected the MVP of the tournament; WHEREAS, Turner King was the leading scorer in the Championship Game with 20 points and the leading scorer for the season, and also made All Conference; WHEREAS, the team also won the Bull City Classic in Durham, North Carolina, and placed fifth at the Arby's Classic in Bristol; WHEREAS, the Celtics team is comprised of 12 players-Napier Alleyne, Orlando Walker, Michael Blanchard, Thomas Lynch, Aurimas Adomaitis, Brandn Evans, Turner King, Deangelo Robinson, Ben Shifflett, Phillip Martin, Clarence Turpin, and Chris Joachim; WHEREAS, under the leadership of Head Coach Joe Gaither and Assistant Coaches Tony Joyce and Dennis Blanchard, the team finished its 2005 season with an amazing 31-7 record; and WHEREAS, throughout the 2005 basketball season, the team members represented Roanoke with the highest level of performance, sportsmanship, and pride against their opponents and played to the best of their abilities. 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 Roanoke Catholic Celtics for their victory in the Virginia Independent School Division II State Basketball Tournament. 2. The City Clerk is directed to forward an attested copy of this resolution to the Celtics' Head Coach, Joe Gaither. APPROVED n~-J.P~ ((.~~ C. Nelson Harris Mayor Mary F. Parker City Clerk 198 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 3" day of April, 2006. No. 37341-040306. AN ORDINANCE granting a revocable license to permit the encroachment of a gas meter at a height above the sidewalk of eight (8) inches, extending upward twenty-two (22) inches, and with a width of fourteen (14) inches into Century Square Park, from property bearing Official Tax No. 4011310, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on April 3, 2006, pursuant to ~915.2-1800(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 such permit. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted Charles Lunsford Sons & Associates, Inc., ("Licensee") owner of the property bearing Official Tax No. 4011310, I otherwise known as 16 Church Avenue, S.E., within the City of Roanoke, to permit the encroachment of a gas meter at a height above the sidewalk of eight (8) inches, extending upward twenty-two (22) inches, and with a width of fourteen (14) inches into Century Square Park, as more fully described in a letter of the City Manager to City Council dated April 3, 2006. 2. Such license shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the limitations contained herein. 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. I I I I ..,j'l'\.-' 199 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 Charles Lunsford 50ns & Associates, Inc., 16 Church Avenue, 5. E., Roanoke, Virginia 24011. 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. 7. Pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED 7\"""7 :J ~ ~.1AJL~~ c. Nelson Harris Mayor Mary F. Parker City Clerk 200 ACCEPTED and EXECUTED by the undersigned this day of '-' Charles Lunsford Sons & Associations, Inc. By: Title COMMONWEALTH OF VIRGINIA 9 9 To-Wit: 9 The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this _ day of , 2006, by , , of Charles Lunsford Sons & Associates, Inc., on behalf of such corporation. My Commission expires: Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of April, 2006. No. 37342-040306. A RESOLUTION approving the Roanoke Regional Airport Commission's 2006-2007 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 I I I I I I 201 January 28, 1987, as amended by First Amendment, dated December 6, 1996, the City of Roanoke hereby approves the Airport Commission's 2006-2007 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 15, 2006. APPROVED ?\T~ ;L ~.~dt~ Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of April, 2006. No. 37343-040306. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2006-2007, 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 2006-2007, in the amount of $8,790,040.00 is hereby approved, all as more particularly set forth in a letter to the City Manager, dated March 22, 2006, from Bittle W. Porterfield, III, Chairman, Board of Directors of Roanoke Valley Resource Authority, copies of which have been provided to Council. . APPROVED ATTEST: a. I) byJn -1 ~/- ~ MarY F. Parker City Clerk (,lJJ~L c. Nelson Harris Mayor 202 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of April, 2006. No. 37344-040306. AN ORDINANCE to transfer funding between various programs of the 2004 and 2005 Workforce Investment Act Grants, 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 WIA - Contractual Services Adult Prog PY04 WIA - Contractual Services Dislocated PY04 WIA - Contractual Services Adult Prog PY05 WIA - Contractual Services Dislocated PY05 035-633-2311-8057 $ 109,000.00 (109,000.00) 50,000.00 (50,000.00) 035-633-2312-8057 035-633-2321-8057 035-633-2322-8057 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED RS~gL Mary F. Parker City Clerk ~~~~ C. Nelson Harris Mayor I I I I I I .,~ ~ 203 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of April, 2006. No. 37345-040306. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act funding of $159,000.00 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: 1. The Western Virginia Workforce Development Board Workforce Investment Act funding of $1 59,000.00 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 April 3,2006, to City Council. APPROVED 1\T~j,~ Mary F. Parker City Clerk L2_l(~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of April, 2006. No. 37346-040306. AN ORDINANCE to appropriate funding from the Commonwealth for the Virginia Opportunity Region 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. 204 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 I 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 $ (5,000.00) 5,000.00 035-310-8124-2015 15,000.00 035-310-8124-8124 10,000.00 5,000.00 035-310-8124-8125 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 4P~ f"\~ Mary F. Parker City Clerk APPROVED ~,~~~ I C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of April, 2006. No. 37347-040306. A RESOLUTION authorizing the acceptance of a Virginia's Opportunity Regions Marketing Grant from the Virginia Economic Development Partnership; and authorizing the City Manager to execute a grant contract to accept such funds and any other required grant documentation on behalf of the City. I I I I I';,,'.. 205 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's Opportunity Regions Marketing Grant in an amount up to $10,000.00, with the City providing an additional 50% in local matching funds. Such grant is more particularly described in the letter of the City Manager to Council dated April 3, 2006. 2. The City Manager is also authorized to execute, on behalf of the City, a grant contract to accept such funds and any other documents required for the Virginia's Opportunity Regions Marketing Grant, approved as to form by the City Attorney, in connection with the acceptance and administration of such grant and to furnish such additional information. or documents as may be required by the Virginia Economic Development Partnership. APPROVED ?\T"""7 J, ~ c..,~<U~ c. Nelson Harris Mayor Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of April, 2006. No. 37348-040306. A RESOLUTION authorizing the City's continued participation in the Virginia Certified Crime Prevention Community Program. WHEREAS, Council is interested in the safety and security of its citizenry and the community at large and is prepared to support appropriate efforts within the community to promote crime prevention and community safety; and 206 WHEREAS, the Department of Criminal justice Services (DCjS) offers a I program entitled the Certified Crime Prevention Community Program which is specifically designed to recognize Virginia communities committed to crime prevention and community safety while providing a framework for those communities to institutionalize crime prevention at the local level. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is a participant in the Certified Crime Prevention Community Program, and authorizes the City Manager to take all reasonable steps to meet the DCjS requirements for the City to remain designated as a Certified Crime Prevention Community. 2. Because the program requires the existence of a local community crime prevention/community safety councilor coalition, this Council redesignates the Crime and Safety Coalition of Roanoke to. represent our community for the purpose of participating in this program. APPROVED 0~ -1~ QJJ~tJ1~ c. Nelson Harris Mayor I ATTEST: Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'. day of April, 2006. No. 37349-040306. A RESOLUTION endorsing participation by the City in the Virginia juvenile Community Crime Control Act; authorizing the City Manager to execute a Memorandum of Agreement between the City of Roanoke and the Virginia Department of juvenile justice to be used as guidance for providing direction and support to City employees assigned to the Virginia Department of juvenile justice in connection with the Virginia juvenile Community Crime Control Act. I I I I ,., .... 1:;.\, ~,.j;.!-", 207 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Council hereby endorses the City's participation in the Virginia juvenile Community Crime Control Act ("VjCCCA") until it notifies the Virginia Department of Juvenile justice ("Djj") in writing that it no longer desires to participate in the VjCCCA, and as further stated in the City Manager's letter to Council dated April 3, 2006. 2. The City Manager is hereby authorized to execute a Memorandum of Agreement between the City of. Roanoke and the Department of juvenile justice to be used as guidance for providing direction and support to City employees assigned to the DJj in connection with the VjCCCA, upon form approved by the City Attorney. APPROVED f\~ :J L Mary F. Parker City Clerk ~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3" day of April, 2006. No. 37350-040306. AN ORDINANCE amending and reordaining subsections (a), (b)(2) and (b)(4) of 96-27, Limitations on keepinq, subsection (b) of 96-112, Densitv requirements, and subsections (a), (b)(2) and (b)(4) of 96-116, Limitations on keepinq of Chapter 6, Animals and Fowl; 911.1-2, Definitions, and subsection (d) of 911.2-19, Performance bond, of Chapter 11.1, Erosion and Sediment Control; 921-43.1, Prohibition aqainst operation of certain Iiqhted athletic fadlities after 10:00 p.m., and 921-205, Definitions, of Chapter 21, Offenses - Miscellaneous; subsections (1 )(b), (1 )(c), (3)(a) and (7) of 927.1-2, Projections over sidewalks, streets. allevs or other public propertv, of Chapter 27.1, Siqns and similar Proiections over citv riqhts-of-wav or propertv; 930-14, Procedure for alterinq or vacatinq citv streets or allevs: fees therefor, and subsection (a) of 208 930-86, Construction in C-3 zoninq district, of Chapter 30, Streets and I Sidewalks; 932-7, Delinquent real estate taxes, of Chapter 32, Taxation; and subsection (e) of 933-17, Definitions, of Chapter 33, Veqetation and Trash, and deleting Article II, Temporarv Siqns, of Chapter 27.1, Siqns and Similar Proiections over Citv Riqht-of-Wav or Property, of the Code of the City of Roanoke (1979), as amended, to make changes in the City Code necessitated by the adoption of Chapter 36.2, Zoninq; 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 Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending subsections (a), (b)(2) and (b)(4) of 96- 27, Limitations on keepinq, of Article II, Doqs Generally; subsection (b) of 96- 112, Density requirements, of Article VI, Beekeepinq; and subsections (a), (b)(2) and (b)(4) of 96-116, Limitations on ke~, of Article VII, Cats, of Chapter 6, Animals and Fowl, to read and provide is follows:. Section 6-27. Limitations on keepinq. (a) No person shall keep or harbor, have in his care, act as the custodian of, permit to remain on or about premises occupied by him or otherwise be the owner of more than four (4) dogs on any parcel of real property zoned for residential use (RS 1, RS 2, RS 3, RM 1, RM 2, RM 3 al1cl RM 4, pursuant to chapter 3G.1 of this Code) or used for residential purposes. I (b) This section shall have no application to: * * * (2) Dogs kept on any parcel of real property zoned RA, Residential- Agricultural District, pursuant to chapter 3-&.+ 36.2 of this Code; * * * (4) Dogs kept at a veterinary hospital, or laboratory for the purpose of study, observation or medical research provided that any veterinary hospital, or any such laboratory shall comply with chapters 19, License Tax Code, and 3-&.+ 36.2, Zoning, of this Code. * * * I .' .' . : I'. . ", i? '~,." t . . . " '~f< "'.' ~", , ,I' , {~+,~ 209 I See. 6-112. Densitv requirements. * * * (b) The density restrictions established by this section shall have no application to beehives kept, placed or maintained on any parcel of real property of one (1) acre or larger in size or on any parcel zoned RA, Residential-Agricultural, Residential Agriculture fRAt District. * * * Sec. 6-116. Limitations on keepinq. I (a) No person shall keep or harbor, have in his care, act as the custodian of, permit to remain on or about premises occupied by him or otherwise be the owner of more than four (4) cats on any parcel of real property zoned for residential use or used for residential purposes; (RS 1, RS 2, RS 3, RM 1, RM 2, RM 3 and RM 4, pursuant to Chapter 36.1 of this Code); provided, however, a total of six (6) cats shall be permitted on any such parcel if each of such six (6) cats has been spayed or neutered, and the owner of each spayed or neutered cat has in his possession a certificate of such fact issued to the owner for each such cat and executed by a duly licensed veterinarian containing a description of the cat, the name of the owner and the date on which spaying or neutering took place. (b) This section shall have no application to: * * * (2) Cats kept on any parcel of real property zoned RA, Residential- Agricultural District, pursuant to Chapter 3-&.+ 36.2 of this Code; * * * I 210 (4) Cats kept at a veterinary hospital, cattery, or laboratory for the purpose of study, observation or medical research provided that any veterinary hospital, cattery, or any such laboratory shall comply with Chapters 19, License Tax Code, and 3-&.+ 36.2, Zoning, of this Code. I * * * 2. The Code of the City of Roanoke (1979), as amended, is hereby amended ar)d reordained by amending 911.1-2, Definitions; and subsection (d) of 911.2-19, Performance bond, of Chapter 11.1, Erosion and Sediment Control, to read and provide as follows: Sec. 11.1-2. Definitions. For the purposes of this chapter, certain terms and words used herein shall have the following meaning, unless the context indicates otherwise: * * * Comprehensive development plan: A development plan and related information required by section 36.1 S 71 36.2-553 of this Code to be submitted in conjunction with an application for certain zoning permits. I * * * Sec. 11.2-19. Performance bond. * * * (c) Within sixty (60) days ofthe completion of the requirements of the stormwater management plan and the meeting of all requirements of this chapter, the applicant shall request, in writing, that the bond with surety, cash escrow, or letter of credit or the unobligated or unexpended portion thereof be returned to the applicant or terminated. I I I I '~~,. - f~ 211 (d) The.. above subsection notwithstanding, performance guarantees required by this chapter may be combined with or included as a specific part of the sum total of any other single guarantee required by chapter 31, s-Subdivisions, or eChapter 3-&.+ 36.2, zZoning, of this ~ode. * * * .3. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordainedby amending 921-43.1, Prohibition aqainst operation of certain Iiqhtedathletic facilities after 10:00 p.m., of Article I, In General; and 921-205, Definitions, of Article VII, Noise Control, of Chapter 21, Offenses - Miscellaneous, to read and provide as follows: Sec. 21-43.1. Prohibition aqainst operation of certain. Iiqhted athletic facilities. after 10:00 p;m: No person shall play or permit to be played any game of baseball, softball, soccer, football, or similar any other game .orsport, on any lighted field, court,. athletic facility or playfield, regardless of whether such faCility or playfield is owned by this city or any other political subdivisions- of the commonwealth or any private person, within the boundaries of the city, or permit such field, court, athletic faCility or playfield, to remain lighted, after the hour of 10:00 p.m., any e\lening if such field, court, athletic facility or playfield, is located, wholly or partially, within a district of the city . zoned R5 R, Residential Single-Family District, as defined by this Code or if the boundaries of the parcel on which such field, court, athletic facility or playfield is located are immediately contiguous to another parcel zoned R5 R, Residential Single-Family District, . as defined by this Code. Any person violating this section shall be guilty of a Class 4 misdemeanor. In addition, any such violation is hereby declared a public nuisance and any person suffering injury or. damage. therefrom may seek the correction, removal or abatement of such nuisance through appropriate suit in equity. * * * 212 Sec. 21-205. Definitions. The following words, when used in this article, shall have the following respective meanings, unless the context clearly indicates a different meaning: * * * Residential has reference to single-family, multifamily and residential mixed density classifications (RS 1, RS 2, RS 3, RM 1, RM 2, pursuant to Chapter 3G.1 of this Code). t...o famil" --..I vv y, lUlU zoning district RM 3 and RM 4, * * * 4. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending subsections (1 )(b), (1 )(c), (3)(a) and (7) of 927.1-2, Proiections over sidewalks, streets, alleys or other public property, of Article I, In General, of Chapter 27.1, Siqns and similar proiections over city riqhts-of-way or property, to read and provide as follows: I Sec. 27.1-2. Proiections over sidewalks, streets, alleys or other public I property. No sign, marquee, awning, canopy, fire escape, cornice, bay window, clock, 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, as amended, and the following provisions: (1) Signs. * * * (b) Within the area of the cit.y' zoned C 3, Central Business District aAII 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. I ; .:~. .")1:<;. I. 213 I (c) Within the area of the city zoned C 3, Celotral Business District D, Downtown District, with an overlay zoning of II 1, Ilistoric 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 applopriateness ftH the same has been gl anted by the architectural re'v'ie'vV board in compliance '.-.ith the prOvisions of section 36.1 -3H. The dimensions of S-such signs shall comply with the city's zoning regulations, and Such sigl1s shall not be greater than seven (7) f-eet in height or t.vo and one half (21/2) f-eetil1 vvidth, 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 'v'.hich 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. I * * * (3) Marquees, canopies and awnings. (a) Any person applying for a permit for the erection of a marquee, canopy or awning .....ithin the area of the city" zoned C 3, Central Business District shall cause an accurate and. .detailed drawing thereof to be prepared, in triplicate, showing especially the relation thereof to the full front and side elevation of .the building involved and other requisite information and data necessary to fully illustrate the proposed installation, and submit the same to the building commissioner for approval. Marquees,. canopies and awnings may project over sidewalks, but not over streets, alleys or other such public rights-of-way. * * * I 214 (7) Within the an area of the city zoned C 3, Central Business District with an overlay zoning of H-1, Historic Downtown Overlay District, or H-2, Historic Neighborhood Overlay 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 3-&.+ 36.2 of the Code of the City of Roanoke (1979), as amended. I * * * 5. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by deleting Article II, Temporary Siqns, of Chapter 27.1, Siqns and Similar Proiections Over city Riqht-of-Way or Property, to read and provide as follows: ARTICLC II. TCMrORARY SIGNS See. 27.1 31. Definition oftemporarv siQn. As used in this chapter, "temporary sign" shall mean an'y. sign designed or I intended to be readily relocated, or f-or temporary use, including portable, moveable A frame, al1d pedestal signs, and any sign not securely and permanently affixed to a building, structure or to the groUl,d, except f-or those signs speCifically excepted as follo.....s: (1) Legal 11otices, identification, ir'lf-ormatiohal or directional signs erected by govel nmental agencies or required to be erected by governmental agencies. . . (2) Ground signs advertising the sale, rental or future occupancy of the plemises upon vvhich they are n,aintained. (3) Signs dil ecting and guidil1g traffic on pri'vate property', bearing no ael",lertising material. (4) rolitical signs. I ',. )l:ii~,~t 215 I (5) Signs placed 0 placed around n ~emporary structure f or private ro e.xcavatlon.s or building ro~' e.n~~s and barricades use of th~ perty: provided that sucl~ Si:Jects, ..hEther on public architects or ~;eil~~ses, or to the cont;a~:orelate to the future of matErials us;d t:rs engaged in the project r~, subcontractors, the construction of the:eOlI~ or to safety' consider~t~O the suppliers prOje.ct. Ions relating to Sec. 27.1 32. Permits for te .. N moorarv SiQllS: aoolication o telllporary si n ... . there.for has be g ~hall be erected or ' . temporary signs e~: Issued by the city' ~~;~ed ul1til a permit chapter shall be ct~d or ~osted prior to th ager: Pe.rmits fer d~te of this cha obtained '~vlthin sixty (60) / effective date of this .....Ith the cit. 11 pter. Application fer Stich ayS after the eff-ecti"e. y 1anage a per' . v content dimen . r, and shall sho'" the mlt shall be filed . , slons . .. prope d . ' . "" d,,,Uo" of P.",'::;'';:'" "d d".i1, of '"""~~ ,'''', ,h..<, regulations, consis '.' e. CIty' manager ma c I?n, location conce.rning the f tent with the pro is' y prescnbe. suitable erl1'1 and v Ions of thO manager ma" i cOlltents of such . IS chapter y ssue a p . applieat" ' complies ".ith h erll1lt upon a find' I Ions. The cit.. .. t e. p .. Ing t 1 thY zonil1g regulation rOvlslons of this chapt ate subject sign 5. .er and all applicable I See. 27.1 33. Duration ef . ( l}ermlt: disola', thereof a) The city mana' .' . ... 35, may issue. a ger, subje.ct to the Fe I . . . fellowing period:e~nl.it fer the erection o{~ :t10nSin section 27.1 o time:. . emporary sign fer th , e (1) A permit fer at. square f . emporarysign ef .. .. pEriods Oefe.:i~l~ tS~~:lI"may be issu:: ~~,e~h:ee.n ...(18) da' 5 in I 'ng up to t..,o h d ,...enoo or divided i~1tC: t~~:~~rar, provid~'d thUa~ i~e.~U~:ty (24?) thEre. shall b ~r .more separate. p . d tot~1 15 between such ~ ~ ~llnlmum of a thi;'~I~ .5 ~f time, ,...enoos. y oay Interval I 216 'n reater than eighte~n 't f-or a temporary slg ,g.. (60) square feet In. (2) A perml , size up to Sixty . cis of time (18) squ.~re f~~sts~ed fo'r a period. or~e1r~oO) days in a size ~1ay be ne hundred and eighty (. di'v'ided into totalling up to 0 "ided that if sucht?tal ISh re shall be calendar year, ~:~~arate periods of tln~e'b~t~.eel1 such t'..- '2) or mor I 'rt.. .Ja.. interva. v vvv \ fat 11 y 0 y a minimum 0 periods. I .Jar "ear for 'tl '11 a ca eno y , ' .. be issued vvl 11 . described In (3) Permit:> ~1ay of the types. of signs case the city combinat~on;, \ and (2) above, in ~..hl~~I_al basis the aArapns \ 'I. "roportlv , , par '" h II prorate on a ,., I t"pe of sign manager s a .J 'n" ."hich each suc 1 y . .J of time oUrl '" vv . penoo .. be el ected. II b may . ,..L' I decal sha e l'erl11lt vvnlC , , n I be issued fOI every ~"er temporary slg (b) A decal shal . ht hand corner of v y f iSsuance and ff' ed to the IO'v'iler rig I hall sho,v the date 0 a IX . ted The deca 5 hhen it IS pos '. n the date of expiratlo . Sec. 27.1 34. rIOt:. . .. e.rmit I equired b'y' th.is 11it or the renevval of a ~bed b" the city councIl. f fer a perl '5 prescll y The ee II b in such amount as.1 ce of the permit. article sha e id prior to the Issuan . Such fee shall be pa . 35 Reaulations. Sec. 27.1 . .. to te~porary SighS. I tions shall apply The following regu a ... .. . h regulations for the . i ns shall comply with ~ ~nd shall be iI1c1uded. (1) Temporal y 5 g . I the will be erecte itted on a lot by 'ng districts in vvhlC 1 I ~.gn surf-ace area perm . zonl tation of tota s~ in the compu nin regulations. , the applicable zo g . .. (GO) square f~et In . hall 110t exceed SiXty 11a' issue permits (2) Temporar'y signs s that the city manager I feet in size f-or size provided, ho.~eve:~eediI19 sixty (GO) Squ:l~sed f-or period of ' signs e . are no r f-ol tel11pOlal y . 'ded that such signs ther ise in camp lance . I e'.ents provl d and are 0 vv s'pecl~ eVxcess of three, (3) ~'y's oning regulations. time In I' able bUildll,g an z with all app IC I I I I I I ",ott;, 217 (3) Ol11yone (1) temporary sign may be erected or posted at any gi'v'en time on the premises of any separately identifiable place of business or public or pri\late institution. (4) Teml5orar'y' signs shall be maintained. in conft>rmance with the applicable prO\lisions of the Unifnrm Statewide Building Code of '/irginia, as amended. 6. The Code of the City of Roanoke (1979), as amended,is hereby amended and reordained by amending 930-14,. Procedure for alterinq or vacatinq city streets or alleys: fees therefor, of Article. I; In General; and subsection (a) of 930.86, Construction in C-3 zoninq district, of Article IV, Construction of Sidewalks. Curbs and Sidewalk Crossinqs, of Chapter 30, Streets and sidewalks, to read and provide as follows: Sec. 30-14. Procedure for alterinq or vacatinq city streets or alleys: fees therefor. Streets and alleys in the city may be altered or vacated on motion of the city councilor on application of any, person, in accordance with Section 1 S.l 3G4 15.2-2006, Code of Virginia (/950), as amended, as follows:. (1 ) Applications for the alteration or vacation of any street or alley shall be filed with the city clerk. (2) A fee, in an amount prescribed by city council, shall be charged by the city for processing of all applications for the alteration or vacation of any street or alley, which fee shall be in addition to all other expenses or costs, including advertising costs and the cost of notifying affected property owners. The fee shall be payable to the city clerk. The city clerk shall not accept any application unless such fee is paid. No fee shall be charged upon city council's own motion for the alteration or vacation of a street or alley, or upon the application of any state, federal or local governmental authority for the same. 218 (3) Upon the filing of an application for the alteration or vacation of a street or alley, the city clerk shall immediately refer the same to the city planning commission without further action of council. No viewers shall be appointed. Every application shall include a list of the names and addresses, if known, of the owner or owners of all of the property affected by a proposed alteration or vacation of a street or alley. I (4) The city planning commission shall hold a public hearing on applications referred to it by the city clerk, after notice. of the proposed alteration or vacation of a street or alley has been published twice, with at least six (6) days elapsing between the first and second publication, in a newspaper published or having general circulation in the city, and after written notice has been mailed to the owner or owners of all of the property directly affected by the proposed alteration or vacation. The cost of publishing said notices shall be paid by the applicant. All required notices shall specify the time and place of the hearing at which persons affected may appear and present their views. (5) Following the hearing before the city planning commiSSion on an application to alter or vacate a street or alley, the commission shall report in writing to the city council whether in its opinion, any, and if any, what inconvenience would result if the application were approved by council, and the commission shall report and make a recommendation to council as to whether the application should be approved. I (6) The city council shall act on an application to alter or vacate a street or alley at a public hearing after notice of the proposed alteration or vacation of a street or alley has been published twice, with least six (6) days elapsing between the first and second publication,in a newspaper published or having general circulation in the city. Such notice shall specify the time and place of the hearing at which persons affected may appear and present their views. The cost of publishing said notices shall be paid by the applicant. I ,."1 10" ,<I ,,'.. ,". t~:<i~ 219 I (7) In acting on an application to alter or vacate a street or alley, city council shall consider the report and recommendation from the city planning commission, the views of those who speak at the public hearing, and other evidence, if any. (8)< A certified copy of any ordinance adopted by city council altering or vacating any city street or alley shall be transmitted by the city clerk to the clerk of the circuit court of the City of Roanoke and shall be recorded as deeds are recorded, and indexed in the name of the City of Roanoke as grantor. (9) A certified 'copy of the ordinance adopted by. city council altering or vacating any street or alley shall be transmitted by the city clerk to the city engineer, who shall. mark "permanently vacated, discontinued and closed" on that portion of the street or . alley altered m vacated, referring to the aforesaid ordinance. * * * Sec. 30-86. Construction in C 3 zoninQ distl ict D, Downtown District. I (a) Notwithstanding any other provision in this article to the contrary, upon proper application, the city manager may authorize the installation of public sidewalks within that area of the city zoned designated on the Official 19GGZoning Map, Cit'y of Roanoke, Virginia, dated August 29,19GG, as amended, as. C 3, central business district D, Downtown District, to be constructed of suitable materials other than Concrete or according to standard specifications prepared by . . the city manager; provided, that any such construction shall . be first approved by the city manager as to the texture of the wearing surface, type of material, thickness and load bearing capacity; and provided further, that, subject to the limitation imposed in section 15.1 239 15.2-2404, Code of Virginia (1950), as amended, the cost of such construction shall be borne entirely by the abutting property owner who shall agree ... to maintain and replace such sidewalk, when necessitated by construction or relocation of public utilities or otherwise, and when directed by the city manager, at no cost to the city. Such property owner shall, prior to commencing any such construction, post the appropriate bond required in section 30-88. I * * * 220 7. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending 932-7, Delinquent real estate taxes, of Article I, In General, of Chapter 32, Taxation, to read and provide as follows: I Sec. 32-7. Delinquent real estate taxes. Pursuant to the provisions of 915.2-2286.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 3G.1 36.2, 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. Provided, however, that such special exception, variance, rezoning, building permit or other land disturbing permit may not be denied solely on the basis of delinquent real estate taxes, penalties or interest when the taxpayer has one (1) of the following bona fide appeals pending (all references are to the Code of Virginia (1950) as amended): (i) application for correction of an assessment of taxes pursuant to 958.1-3980; (ii) appeal of a local license tax pursuant to 958.1-3703.1; (iii) appeal by a political subdivision pursuant to 958.1-3982 of a correction of assessment of local taxes; (iv) appeal of a local tax or local business tax pursuant to 958.1-3983.1; (v) an application pursuant to 958.1-3984 for correction of a local tax or local business tax, as those terms are defined in 958,1-3983.1; or (vi) an application for correction or equalization of an assessment vyith. respect to real property pursuant to 958.1-3350. I * * * I I I I ...., ". ".. . "~ ~:',; ~", "- '. -i .; 221 8. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending subsection (e) of 933,] 7,Definitions, of Article I, In qeneral, of Chapter 31, Veqetation and Trash, to read and provide as follows: Sec. 33-17. Definitions. For the purpose of this chapter, certain terms and words used herein shall be defined as follows: (e) * * * Parcel means any real estate (and any interest therein) lying in the City of Roanoke, Virginia, identified by. a City of Roanoke Official Tax Number, and including the area in the public right-of-way which is between the property line of the real estate which is identified by a City of Roanoke Official Tax Number and the curb, the improved portion of a roadway; or the centerline of any alley or unimproved street. Such term shall not include any real estate lying in an RA, Residential Agriculture Residential-Agricultural District, as defined elsewhere in this Code. * * * 9. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: f\~ Mary F. Parker City Clerk APPROVED iL ~.~~. C. Nelson Harris Mayor 222 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3" day of April, 2006. No. 37351-040306. AN ORDINANCE to transfer funding from the City Manager's contingency for a new Arts Festival Manager position, 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 Contingency 001-300-1211-1002 001-300-1211-1105 001-300-1211-1120 001-300-9410-2199 $ 9,021.00 1,138.00 690.00 (10,849.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED AA~JL (.~ Mary F. Parker City Clerk Mayor I I I I I I ,!" ", \' 223 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3" day of April, 2006. No. 37352-040306. A RESOLUTION authorizing Blue Ridge Behavioral Healthcare to act as its own fiscal agent to receive state and federal funds directly from the Department of Mental Health, Mental Retardation and Substance Abuse Services. WHEREAS, Blue Ridge Behavior Healthcare is the operating community service board established by and supplying services to the political jurisdictions of Botetourt County, Craig County, the City of Roanoke, Roanoke County and the City of Salem; .. WHEREAS, 937 .2-504A.18, of the Code of Virginia authorizes Blue Ridge Behavioral Healthcare to act as its own fiscal agent for receipt of state and federal funds directly from the Department of Mental .Health, Mental Retardation and Substance Abuse Services when .authorized to do so by the governing body of each city or county that established it; and WHEREAS, Blue Ridge Behavior Healthcare has requested authorization to act as its own fiscal agent effective july 1, 2006. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Blue Ridge Behavioral Healthcare is approved and authorized as provided in . 937.2-504A.18, of the Code of Virginia, effective july 1, 2006, to act as its own fiscal agent to receive state and federal funds directly from the Department of Mental Health, Mental Retardation and Substance Abuse Services. APPROVED AG'4 jfJ~ ~.~ilwwb Mary F. Parker City Clerk C. Nelson Harris Mayor 224 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3" day of April, 2006, No. 37353-040306. A RESOLUTION renaming certain City owned and/or controlled parking facilities; authorizing the City Manager to take any appropriate action and execute any documents necessary to effect the renaming of these parking facilities; and establishing an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with the recommendation contained in the City Manager's letter to Council dated April 3, 2006, Council hereby renames certain City owned and/or controlled parking facilities, as seUorth below: Name Chan es to Gara es Current Name Centur Station Parkin Gara e Church Avenue Parkin Gara e Gainsboro Parking Garage ( aka Shenandoah Parkin Gara e) Market Square Parking Garage New Name. Market Gara e Church Avenue Gara e Gainsboro Garage Center in the Square Gara e Tower Gara e Elmwood Park Gara e Tower Parkin Gara e Williamson Road Parkin Name Chanaes to Parkina Lots Current Name New Name Bullitt Avenue Surface Lot Elmwood Lot Church Avenue Surface Lot Market Lot ( aka Nickel Lot) Gainsboro Surface Lot Hiqher Ed Center Lot Salem Avenue Surface Lot Warehouse Row Lot Williamson Road Surface Lot Williamson Lot I I I I I I :,1.:.~"'~ " " " , .. ~! ' , ,~', !_ ~'~"7 225 2. The effective date for such name changes shall be june 1, 2006. 3. In the event that any instrument entered into by the City incorporated the current name of a parking facility whose name is changed hereby, the new name shall be deemed to be incorporated into such document without the necessity of amending such document. 4. The City Manager is authorized to take any appropriate action and execute any documents that may be necessary to effect the renaming of such parking facilities. . APPROVED 7\~ j L Mary F. Parker City Clerk .~,~~t1~ C. N~lson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3" day of April, 2006. No. 37354-040306. A RESOLUTION authorizing the filing of a petition to amend the proffered conditions, and any subsequent amended petition necessary and appropriate to effect Vision 2001 - 2020, the City's Comprehensive Plan, presently binding on property which is owned by the City of Roanoke and which is designated as Official Tax No. 7160113. WHEREAS, the City of Roanoke owns certain property designated as Official Tax No. 7160113, located at the entrance to the Roanoke Centre for Industry and Technology on the northeast corner of Blue Hills Drive, N.E., and Orange Avenue, N.E., and further identified as Official Tax No. 7160113; 226 I WHEREAS, such property is currently zoned CG, Commercial-General District, subject to certain proffered conditions; and WHEREAS, it is the desire of City Council to consider amending the proffered conditions of such property in order to expand the range of permitted commercial uses to enhance the marketability of the property and to determine whether the public necessity, convenience, general welfare or good zoning practice, require such amendment of proffered conditions. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the public necessity, convenience, general welfare and good zoning practice, require the filing of a petition to. amend the proffered conditions, and any subsequent amended petition necessary and appropriate to effect Vision 2001 - 2020, the City's Comprehensive Plan, on the property located at the northeast corner of Blue Hills Drive, N.E., and Orange Avenue, N.E., further identified as Official tax No. 7160113. 2. That the City Manager is authorized to file a petition to amend I . proffered conditions, and any subsequent amended petitions necessary and appropriate to. effect Vision 2001 - 2020, the City's Comprehensive Plan, on the property located at the northeast corner of Blue Hills Drive, N.E., and Orange Avenue, N.E., further identified as Official Tax No. 7160113. APPROVED 1\2, J ~ ~~t1~ Mary F. Parker City Clerk. C. Nelson Harris Mayor I 227 I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3" day of April, 2006. No. 37355-040306. AN ORDINANCE amending and reordaining Ordinance No. 36945- 011805; and dispensing with the second reading by title of this ordinance. WHEREAS, by adopting Ordinance No. 36945-011805 on january 18, 2005, City Council intended to permanently vacate, discontinue and close a 15' alley running between Whitmore Avenue, S. W., and Reserve Avenue, S. W., and parallel to jefferson 5treet, S. W.; I WHEREAS, Ordinance No. 36945-011805 provided that it would be null and void, with no further action by City Council being necessary, if certain conditions were not met; WHEREAS, Ordinance No. 36945-011805 became null and void, by its terms, when those conditions were not met; WHEREAS, an extension of time in which the conditions can be met will effectuate the purpose of Ordinance No. 36945-011805; and WHEREAS, Carilion Medical Center and CHS Ine., by counsel, have requested that the deadline for such conditions to be met be extended by twelve (12) months. THEREFORE, IT BE ORDAINED by the Council of the City of Roanoke that the next to last paragraph of Ordinance No. 36945-011805 be amended to read and provide as follows, and that such ordinance be reordained as amended: I 228 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. 36945- 011805 that is to be recorded with the Clerk of the Circuit Court. BE IT FINALLY ORDAINED that pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED 7\~ -J ~ I f ~::~ I Mayor Mary F. Parker . City Clerk I I I I 1;);'. 229 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3" day of April, 2006. No. 37356-040306. A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE AT NEGOTIATED SALE OF NOT TO EXCEED FORTY-TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($42,500,000.00) PRINCIPAL AMOUNT OF CITY OF ROANOKE, VIRGINIA, GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS AND DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE AUTHORITY, AMONG OTHER THINGS, TO SELECT AN UNDERWRITER FOR SUCH BONDS, TO EXECUTE AND DELIVER TO SUCH UNDERWRITER A BOND PURCHASE CONTRACT BY AND BETWEEN THE CITY, AND SUCH UNDERWRITER, TO' DETERMINE THE AGGREGATE PRINCIPAL AMOUNT OF SUCH BONDS, THE MATURITY DATES OF SUCH BONDS AND THE PRINCIPAL AMOUNTS OF SUCH BONDS MATURING IN EACH YEAR, THE INTEREST PAYMENT DATES FOR SUCH BONDS AND THE RATES OF INTEREST TO BE BORNE BY SUCH BONDS, THE REDEMPTION PROVISIONS AND REDEMPTION PREMIUMS, IF ANY, APPLICABLE. TO SUCH BONDS AND TO APPOINT AN ESCROW AGENT FOR THE BONDS TO BE REFUNDED FROM THE PROCEEDS OF SUCH BONDS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE DELIVERY THEREOF TO . SUCH UNDERWRITER; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT RELATING TO THE REFUNDED BONDS; AUTHORIZING THE CITYMANAGER AND THE DIRECTOR OF FINANCE TO APPOINT A VERIFICATION AGENT; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO DESIGNATE THE REFUNDED BONDS FOR REDEMPTION; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND THE REFUNDING OF THE REFUNDED BONDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 230 SECTION 1. (a) (i) Pursuant to Ordinance No. 33373-050597 adopted by this Council on May 5, 1997, there were authorized to be issued, sold and delivered general obligation refunding bonds of the City in the principal amount of not to exceed $50,000,000 for the purpose of refunding in advance of their stated maturities certain outstanding general obligation public improvement bonds of the City. (ii) Pursuant to Ordinance No. 33652-111797 adopted by this Council on November 17, 1997, this Council authorized and approved the issuance and sale of a portion of the general obligation bonds referred to in Section 1 (a)(i) hereof, such bonds having been issued in the principal amount of $45,675,000.00, designated as the "City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds, Series 1997B" (the "Series 1997B Bonds"), dated December 15, 1997. and maturing in Varying principal amounts on August 1 in each of the years 1998 through 2013, both inclusive. (b) (i) Pursuant to Resolution No. 34837-051500 adopted by this Council on May 15, 2000, there were authorized to be issued, sold and delivered general obligation public improvement bonds of the City in the principal amount of $7,500,000.00 for the purpose specified in Resolution No. 34837-051500. (ii) Pursuant to Resolution No. 34034-082100 adopted by this Council on August 21, 2000, there were authorized to be issued, sold and delivered an issue of general obligation public improvement bonds of the City in the principal amount of $2,500,000.00 for the purpose specified in Resolution No. 34034-082100. (iii) Pursuant to Resolution No. 35373-060401 adopted by the Council on june 4, 2001, there were authorized to be issued, sold and delivered an issue of general obligation public improvement bonds of the City in the principal amount of $3,000,000.00 for the purpose specified in Resolution No. 35373-060401. (iv) Pursuant to the Public Finance Act of 1991 and Resolution No. 35489-080601 adopted by this Council on August 6, 2001, there were authorized to be issued, sold and delivered an issue of general obligation public improvement bonds of the City in the principal amount of $31,245,000.00 for the purposes specified in Resolution No. 35489-080601. I I I I I I , i'"i~i 231 (v) Pursuant to Resolution NO.3 5636-110501 adopted by this Council on November 5, 2001, as amended by Resolution No. 35736-012202 adopted by this Council on January 22, 2002, this Council authorized the issuance and sale of the Bonds referred to in Section 1 (b)(i), (ii), (iii) and (iv), such bonds having been issued in the principal amount of $44,245,000,.00 designated as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 2002A (the "Series 2002A Bonds"), dated February 1, 2002 a.nd maturing in varying principal amounts on October 1 in each of the years 2002 through 2021, both inclusive. (c) This Council deems it advisable and in the best interest of the City to authorize and provide for the issuance, sale and delivery of an issue of general obligation public improvement refunding bonds for the purpose of providing for the refunding of all or a portion of the $17,880,000.00 principal amount of the Series 1997B Bonds maturing on or after August .1, 2007 (the "Refunded 1 997B Bonds"), and all or a portion of the $21,810,000.00 principal amount of the Series 2002A Bonds maturing on or after October 1, 2013 (the "Refunded 2002A Bonds"). The Refunded 1997B Bonds and the Refunded 2002A Bonds are hereinafter referred to collectively and individually as the "Refunded Bonds". SECTION 2. (a) Pursuant to the Public Finance Act of 1.991, including in particular Title 15.2, Chapter 26, Article 5, Section 15.2-2643 et seq., of the Code of Virginia, 1950, for the purpose of providing funds to refund the Refunded Bonds in advance of their stated maturities and to pay the costs of issuance of the Bonds (as defined herein), there are hereby authorized to be issued, sold and delivered not to exceed Forty-Two Million Five Hundred Thousand Dollars ($42,500,000.00) principal amount of general obligation refunding bonds of the City which shall be designated and known as "City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds" (referred to herein as the "Bonds"). . .. . . (b) The Bonds shall be issued in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. The Bonds of each series shall be sold to an underwriter for the Bonds of such series (the "Underwriter") selected 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 232 the denomination of $5,000,00 each or any integral 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 such 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 shall be issued in such aggregate principal amount (not exceeding in the. aggregate the principal amount specified in Section 2(a) hereof); and shall. mature on such dates and in such years (but in no event later than October 1, 2021), and in the principal amount in each such year, 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) The Bonds (or portions thereof in installments of $5,000.00) may be made subject to redemption at the option of the City prior to their stated maturities, 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 $5,000.00 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 provisions of Section 8 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments 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 equalling 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. I I I I I I ~ ~l.:',I-;': . ~ .. '~-', i . ' " .,:~; ';.0;>, !'J,."". .:~ ,'" 233 (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 nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 3. 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, this Council is 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 4. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature ofthe City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be vali,d or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signator of the Registrar. Upon the authentication of any Bonds the Registrar. shall insert in the certificate of authentication the date as of which such 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 (15th) 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 dates on which interest is payable on the Bonds of any series are other than the first days of calendar months, the provisions of this Section 4(c) with regard to the authentication of such Bonds and of Section 10 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. 234 (d) The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. I SECTION 5. (a) The principal of and premium, if any, and interest 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 5;. 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 s.eries 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, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (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. I (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 agent, 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 S shall be made without expense to the registered owners of such Bonds, except as 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 5 shall be cancelled. I I I . I 1:; . ~ . 1\l.~ 235 (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, or such other nominee of DTC as may be requested by an authorized representative 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 or any integral 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., or such other nominee of DTC as may be requested by an authorized representative of DTC, 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 own~rship 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. (iij) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DT~, 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 6. (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 a purchaser of any Bonds to accept delivery. of and pay for such Bonds. All expenses in connection with the. assignment and . printing of CUSIP numbers on the Bonds shall be paid by the City. 236 (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 7. 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 8. (a) Pursuant to the authority of and for the purposes specified herein, this Council hereby authorizes the City Manager and the Director of Finance, without further action of this Council, to sell the Bonds at a negotiated sale to the Underwriter, on or before December 31, 2006, at a price not less than ninety-eight percent (98%) and not greater than one hundred nine percent (109%) of the principal amount of the Bonds, plus accrued interest, if any, from the date of the Bonds to the date of delivery thereof and payment therefor; provided, however, that the Bonds allocable to the refunding of the Refunded 1997B Bonds may be sold to the Underwriter only if the refunding of the Refunded 1997B Bonds will result in net present value savings to the City of not less than $300,000 and a net present value savings ratio of not less than two and one-half percent (2.5%), in each case based on the debt service on the Refunded 1997B Bonds, and that the Bonds allocable to the. refunding of the Refunded 2002A Bonds may be sold to the Underwriter only if the refunding of the Refunded 2002A Bonds will result in net present value savings to the City of not less than $250,000 and a net present value savings ratio of not less than five percent (5%), in each case based on the debt service on the Refunded 2002A Bonds, and provided further in no event shall the underwriting compensation to the Underwriter exceed three-quarters of one percent (3/4 of 1 %) of the principal amount of the Bonds. This Council hereby further authorizes the City Manager and the Director of Finance to execute and deliver to the Underwriter a Bond Purchase Contract relating to the sale of the Bonds by the City to the Underwriter in such form .as shall be approved by the City Manager and the Director of Finance upon the advice of counsel (including the City Attorney and Bond Counsel to the City), such approval to be conclusively evidenced by their execution and delivery thereof. The Bonds shall bear interest at such rates per annum as shall be approved by the City Manager and the Director of Finance; provided, however, in no event shall the true interest rate for the Bonds exceed five percent (5%) and provided further in no event shall the premium payable by the City upon the redemption of the Bonds exceed two percent (2%) of the principal amount thereof. I I I I I I ..., , ".' Y7:,t;j; 237 (b) The City Manager and the Director of Finance are. hereby authorized to cause to be prepared and deliver to the Underwriter a Preliminary Official Statement and a final Official Statement relating the Bonds on or before the dates specified in the Bond Purchase Contract. The City Manager and the Director of Finance are hereby further authorized to certify that the Preliminary Official Statement for the Bonds authorized hereunder is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12). The Mayor of the City is hereby authorized to execute the final Official Statement on behalfof the City. (c) The City Manager and the Director of Finance are hereby authorized 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 1 5c2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution and delivery 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. (a) The City Manager and the Director of Finance are hereby authorized to enter into an Escrow Deposit Agreement in the form customarily entered into by the City in connection with advance refunding transactions providing for the redemption of the Refunded Bonds (the "Escrow Deposit Agreement") and to appoint an Escrow Agent to serve under the Escrow Deposit Agreement. The City Manager and the Director of Finance are hereby authorized to appoint a verification agent to verify the mathematical accuracy of computations relating to the Bonds and the Refunded Bonds. (b) The City Manager and the Director of Finance, or either of them, are hereby authorized to execute, on behalf of the City, subscriptions or purchase agreements for the securities to be purchased by the Escrow Agent from moneys depOSited in. the Escrow Deposit Fund created and established under the Escrow Deposit Agreement. Such securities so purchased shall be held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement. The City Manager and the Director of Finance, or either of them, are hereby authorized to sell any securities held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement and to purchase securities in lieu of and in substitution therefor. 238 (c) Subject to the sale and receipt of the proceeds of the Bonds, the City Manager and the Director of Finance are hereby authorized to designate the Refunded Bonds for redemption on such date or dates as they shall determine and are hereby further authorized to direct the Escrow Agent to cause notices of the redemption of the Refunded Bonds on such date or dates to be given in accordance with the provisions of the proceedings authorizing the issuance of the Refunded Bonds. SECTION 10. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially in the forms set forth in Exhibit A attached hereto. SECTION 11. 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 12. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. APPROVED ?\~#L Mary F. Parker City Clerk ~, ll~tt~ C. Nelson Harris Mayor I I I I I I 239 EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND SERIES No. R- 1 $ MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO: . . REGISTERED OWNER: PRINCIPAL SUM: DOLLARS . . KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth 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 name this Bond is registered upon the books of registry,as of the close of business on the fifteenth (1 5th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company (UDTC), 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. 240 or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised I 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 , Principal 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, shall be legal tender for public and private debts. This Bond is one of a series of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, and is issued for the purpose of providing funds to refund in advance of their stated maturities certain general obligation public improvement bonds heretofore issued by the City to pay the costs of public improvement projects of and for the City. This Bond is issued under and pursuant to and in full 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 a resolution and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the series of which this Bond is one (or portions thereof in I 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 $5,000.00 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 Prices Redemption Dates (Percentaqes of Principal (Both Dates Inclusive) Amount) , to , % , to , , and thereafter I I I I 241 [The Bonds of the series of which this Bond is one maturing on , _ are subject to mandatory sinking fund redemption on ,_ and on each thereafter and to payment at maturity on _, ~ in the principal amounts in each year set forth below, in the case of redemption with the particular Bonds or Bonds or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof: Year ( ) Princinal Amount . . The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on _, _ which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement,] 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 equalling 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. 242 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, 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 series, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in 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, series, 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. I The full faith and credit of the City are irrevocably pledged to the punctual 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 is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City I 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. I I I I 243 IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to be dated as of the day of ,200_. [SEAL] Attest: CITY OF ROANOKE, VIRGINIA ~- ~ ~~ Mayor City Clerk CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. [ as Registrar 1, By: Authorized Signator Date of Authentication: 244 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. 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. (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. I I I I I I 245 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'" day of April, 2006. No. 37357-040306. A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2006 tax year. WHEREAS, in accordance with the requirements set forth in Section 58.1- 3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief Program or "PPTRA") of Chapter 951 of the 2005 Acts of Assembly, qualifying vehicles with a taxable situs within the City commencing january 1, 2006, shall receive personal property tax relief: and, . WHEREAS, this Resolution is adopted pursuant to Ordinance 37221- 101705 adopted by City Council on October 17, 2005. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That tax relief shall be allocated such as to provide 100% tax relief for qualifying personal use vehicles valued at $1,000.00 or less. 2. That qualifying personal use vehicles valued at $1,001.00-$20,000.00 will be eligible for 66.19% tax relief. 3. That qualifying personal use vehicles valued at $20,001.00 or more shall only receive 66.19% tax relief on the first $20,000.00 of value. 4. That all other vehicles which do not meet the definition of "qualifying" (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PPTRA funds allocated to the City of Roanoke by the Commonwealth of Virginia. 246 6. That entitlement to personal property tax relief for qualifying vehicles I for tax year 2005 and all prior tax years shall expire September 1, 2006, or when the state funding for tax relief is exhausted or depleted. Supplemental assessments for tax years 2005 and prior that are made on or after September 1, 2006, shall be deemed "non-qualifying" for purposes of state tax relief and the local share due from the taxpayer shall represent 100% of the assessed personal property tax. APPROVED ~T~ J. ~ Mary F. Parker City Clerk ~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'"day of April, 2006. No. 37358-041706. I A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2006-2007 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 2006-2007 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: I I I I . . . ". '"" .': ;... ~ : . "~..' ! ; ~ . . ';'~i.: ..i. 247 '::'.'~ J: 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 RVTV in the amount of $167,733.00, 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 $322,563.00 for Fiscal Year 2006-2007 for the operation of the regional government and regional educational access station, RVTV, as set forth in a letter to this Council dated April 17, 2006, is hereby approved. 2. The amount of $167,733.00 will be provided by the City of Roanoke as its prorata share for the annual operational budget for RVTV for the Fiscal Year 2006-2007 as requested in the letter to this Council dated April 17, 2006. APPROVED n:~ !. ~ Mary F. Parker City Clerk c. Ne.lson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17''' day of April, 2006. No. 37359-041706. AN ORDINANCE to appropriate funding from the Fireman's Fund Heritage Program, amending and reordaining certain sections of the 2005-2006 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 248 BE IT ORDAINED by the Council of the City of Roanoke that the following I 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 Expendable Equipment 035-520-3210-2035 $50,000.00 Revenues Fireman's Fund Heritage Program FY06 035-520-3210-3210 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 r:,~ j ~ Mary F. Parker City Clerk .L~ak c. Nelson Harris Mayor I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 7'h day of April, 2006. No. 37360-041706. A RESOLUTION accepting a Fireman's Fund Heritage Program grant to the City from The Fireman's Fund Insurance Company, 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 a Fireman's Fund Heritage Program grant in the amount of $50,000.00 upon all the terms, provisions and conditions relating to the receipt of such funds all as is more particularly described in the letter of the City Manager to Council, dated April 17, 2006. I I I I . -l' , . , I . ., . 249 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. 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 ATTEST: -j~ e~~~ c. Nelson Harris Mayor ~~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'hday of April, 2006. No.3 7361-041706. AN ORDINANCE amending subsection (g) of 934-130, Rate Schedule, Division IV, Fares, Article III, Public Vehicles (Taxicabs and for Hire Vehicles), of the Code of the City of Roanoke (1979), as amended, in order to adjust certain rates charged for services rendered by taxicabs and for-hire automobiles: 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. Subsection (g) of 934-130, Rate Schedule, Division IV, Fares, Article III, Public Vehicles (Taxicabs and for Hire Vehicles), of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and. provide as follows: 250 934-130. Rate Schedule. I (g) The rates for services rendered by taxicabs and for-hire automobiles shall be as follows: * * * (4) Effective May 1, 2006, a surcharge of $1.00 may be added to the current meter charge for each trip. Such surcharge shall be included on the rate card posted in each public vehicle. Such surcharge may remain in effect until such time as the City Manager notifies holders of permits for taxicab and for- hire service that the surcharge is to be removed, in which case no surcharge shall be charged or included on the rate card after the first day of the following month. The City Manager shall send such notice at such time as the City Manager determines that the average cost per gallon of regular unleaded self-service gasoline in the City as published by the American Automobile Association drops below $2.00 per gallon for a consecutive six month period. 2. Pursuant to the provisions of 912 of the Roanoke Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED I AG-o }. ~ Mary F. Parker City Clerk LVee~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17"'day of April, 2006. No. 37362-041706. A RESOLUTION authorizing the execution of an agreement and related documents with the Western Virginia Workforce Development Board to provide grant funded employee status {including benefits for full time employees) to staff of the WVWD Board. I I I I . ., ~ .' !., , . t, ;~.; ~ ~;,". .' .- .J. 251 .: " BE IT RESOLVED by the Council of the City of Roanoke that: The City Manager is hereby authorized, for and on behalf of the City, to execute an agreement with the Western Virginia Workforce Development Board for the City to initially provide two full time grant funded employees and two part time grant funded employees (including benefits for full time employees) to staff of the WVWD Board, and any other necessary and appropriate documents as approved by the City Attorney setting forth the obligations of each party thereto, and described in a letter to Council by the City Manager dated April 17, 2006. APPROVED i\~ -1 ~<- Mary F. Parker City Clerk c, C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17,h day of April, 2006. No. 37363-041706. AN ORDINANCE to appropriate funding for the William Fleming High School Stadium Project, amending and reordaining certain sections of the 2005- 2006 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 2005-2006 Capital Projects and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 252 Capital Proiects Fund Appropriations Transfer to School Capital Projects Fund 008-530-9712-9531 Appropriated from 2002 Bond Funds 008-530-9758-9076 $ 4,100,000.00 (4,100,000.00) School Capital Proiects Fund Appropriations Appropriated from 2002 Bond Funds 031-065-6072-6896-9076 Revenues Transfer from Capital Projects Fund 031-110-1234-1237 4,100,000.00 4,100,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ?,\T~ -j ~ ~.~cl~ Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'" day of April, 2006. No. 37364-041706. A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for improving the present school building at Monterey Elementary School and declaring the City's intent to borrow to fund or reimburse such expenditures. I I I I I I 253 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 $2.0 million for the cost of improving the present school building at Monterey 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 $2.0 million. 3. This is a declaration of official intent under Treasury Regulation 91.150-2. APPROVED ~~J~ Mary F. Parker City Clerk C. ~elson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 7'h day of April, 2006. No. 37365-041706. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Monterey Elementary School. . WHEREAS, the School Board for the City of Roanoke, on the 17th day of April, 2006, presented to this Council an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $2.0 million, for improving the present school building at the Monterey Elementary School, to be paid in 20 annual installments, and the interest thereon at three percent (3%) paid annually. 254 BE IT RESOLVED that the application of the City School Board to the State I Board of Education of Virginia for a loan of $2.0 million from the Literary Fund is hereby APPROVED, and authority is hereby granted the City School Board to borrow the stated amount for the purpose set out in the 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 n;T: -JP~ Mary F.:Zr City Clerk GLt~~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 17th day of April, 2006. No.3 7366-041706. AN ORDINANCE to appropriate funding for the Comprehensive School Reform Grants, Title I School Improvement Program, Title III Grant, William Fleming Community Learning Center, William Fleming Honor Schools Expansion Grant, and William Fleming Honors Schools Program, 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: I . . -, ,," f' t:. 255 ..- I Appropriations Retiree Health Credit 030-061-6136-6000-0200 $ 166.00 Retirement 030-061-6136-6000-0202 3,386.00 Health Insurance 030-061-6136-6000-0204 4,839.00 MicroSociety Model 030-061-6136-6000-0313 (10,119.00) Travel 030-061-6136-6000-0554 (975.00) Math Software 030-061-6136-6000-0615 . 2,408.00 Equipment 030-061-6136-6000-0821 19,466.00 Substitutes 030-061-6137-6000-0021 1,847.00 Teacher Stipends 030-061-6137-6000-0129 (23,623.00) Social Security 030-061-6137-6000-0201 (1,604.00) Contracted Professional Dev 030-061-6137-6000-0313 19,071.00 Consulting Services 030-061-6137-6000-0332 3,500.00 Travel 030-06F6137-6000-0554 (1,000.00) Math Materials 030-061-6137-6000-0614 31,700.00 Equipment 030-061-6137-6000-0821 (10,720.00) Teacher Stipends 030-061-6138-6000-0129 20,400.00 Social Security 030-061-6138-6000-0201 1,500.00 I Contracted Professional Dev 030-061-6138-6000-0313 56,000.00 Printing Expenses 030-061-6138-6000-0351 5,000.00 Instructional Materials 030-061-6138-6000-0614 22,100.00 Instructors 030-062-6271-6005-0121 (46.00) Teacher Stipends 030-062-6271-6005-0129 (3,255.00) Social Security 030-062-6271-6005-0201 431.00 Health Insurance 030-062-6271-6005-0204 (1,454.00) Purchased Services 030-062-6271-6005-0313 (3,720.00) Travel 030-062-6271-6005-0554 (1,860.00) Field Trips 030-062-6271-6005-0583 (853.00) Instructional Supplies 030-062-6271-6005-0614 (5,230.00) Equipment 030-062-6271-6005-0121 (2,452.00) Instructors 030-062-6271-6015-0121 3,411.00 Teacher Stipends 030-062-6271-6015-0129 3,255.00 Social Security 030-062-6271-6015-0201 1,023.00 Purchased Services 030-062-6271-6015-0313. . 3,720.00 Travel 030-062-6271-6015-0554 1 ,860.00 Field Trips 030-062-6271-6015-0583 853.00 Instructional Supplies 030-062-6271-6015-0614 5,230.00 I Equipment 030-062-6271-6015-0121 2,452.00 Activity Assistants 030-062-6343-6100-0141 115,280.00 Retiree Health Credit 030-062-6343-6100-0200 635.00 256 Social Security State Retirement Health Insurance Contracted Services Travel Field Trips Supplies Teacher Stipends Social Security Teacher Stipends Social Security Revenues Federal Grant Receipts (HL) Federal Grant Receipts (Oak) Federal Grant Receipts (Tl) Federal Grant Receipts (T3) Federal Grant Receipts (CLC) State Grant Receipts (Grad) State Grant Receipts (NGA) 030-062-6343-6100-0201 030-062-6343-6100-0202 030-062-6343-6100-0204 030-062-6343-6100-0313 030-062-6343-6100-0554 030-062-6343-6100-0583 030-062-6343-6100-0614 030-062-6892-6100-0129 030-062-6892-6100-0201 030-062-6893-6100-0129 030-062-6893-6100-0201 $ 7,000.00 8,000.00 2,695.00 27,492.00 5,453.00 10,000.00 3,445.00 4,645.00 355.00 855.00 65.00 I 030-061-6136-1102 $ 19,171.00 030-061-6137-1102 19,171.00 030-061-6138-1102 105,000.00 030-062-6271-1102 3,365.00 I 030-062-6343-1102 180,000.00 030-062-6892-1100 5,000.00 030-062-6893-1100 920.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED 7\.... -J ~ Mary F. Parker City Clerk ~~~ C. Nelson Harris Mayor I I I I . , 257 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, . . The 17"'day of April, 2006. No. 37367-041706. AN ORDINANCE approving the "Art for Everyone" Roanoke Public Art Plan, as modified, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the "Art for Everyone" Roanoke Public Art Plan, as modified: and dispensing with the second reading of this ordinance by title. WHEREAS, the "Art for Everyone" Roanoke Public Art Plan (the "Plan"), as modified, was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on March 16, 2006, and recommended adopting the Plan, with the modifications as attached to the Planning Commission's report dated April 17, 2006, to this Council (collectively, the "Plan as modified"), and amending Vision 2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan") to include such Plan as modified; and WHEREAS, in accordance with the provIsions of ~l 5.2-2204, Code of Virginia (1950), as amended, a public hearing on the proposed Plan as modified was held before this Council on Monday, April 17, 2006, 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 "Art for Everyone" Roanoke Public Art Plan, as modified, with the modifications as attached to the Planning Commission's report dated April 17, 2006, to this Council, and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the "Art for Everyone" Roanoke Public Art Plan, as modified, as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 258 3. Pursuant to the provIsions of Section 12 of the City Charter, the I second reading of this ordinance by title is hereby dispensed with. APPROVED A~!}~ Mary F. Parker City Clerk L~~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'" day of April, 2006. No. 37368-041706. AN ORDINANCE to amend s36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated I December 5, 2005, as amended, to rezone certain property within the City, subject to a certain condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, The Roanoke Mental Hygiene. Services, Ine., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 3003 Hollins Road, N.E., bearing Official Tax No. 3140817 and an adjacent tract of land bearing Official Tax No. 3140811, rezoned from RM-1, Residential Mixed Density District, to INPUD, Institutional Planned Unit Development District, subject to a certain condition proffered by the applicant; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by s36.1-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; I I I I 259 WHEREAS, a public hearing was held by City Council on such application at its meeting on Monday, April 17, 2006, after due and timely notice thereof as required by s36.1-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, City Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the property with a proffer, is of the opinion that the property located at 3003 Hollins Road, N.E., bearing Official Tax No. 314081 7, and an adjacent tract of land bearing Official. Tax No. 3140811, should be rezoned as requested, and that such property be rezoned from RM-1 , Residential Mixed Density District, to INPUD, Institutional Planned Unit Development District, subject to a certain condition proffered as set forth in the Second Amended Petition filed in the City Clerk's Office on March 9, 2006. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the proffered condition as set forth in the Second Amended Petition filed in the City Clerk's Office on March 9, 2006, so that the subject property is rezoned from RM-l, Residential Mixed Density District, to INPUD, Institutional Planned Unit Development District, with such proffer. 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: f2..... ;J..ra -J ~ ,. Ma[y F. Parker City Clerk c~~~ Mayor 260 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 17th day of April, 2006. No. 37369-041706. AN ORDINANCE to amend ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to amend the INPUD, Institutional Planned Unit Development District, to include as conditions. a proffered development plan and elevation plans for property located at 1831 Deyerle Road, S.W., Official Tax No. 5070410: and dispensing with the second reading by title of this ordinance. WHEREAS, Covenant Presbyterian Church has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend the INPUD, Institutional Planned Unit Development District, to include as conditions a proffered development plan and elevation plans for property located at 1831. Deyerle Road, S.w., Official Tax No. 5070410: WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as I amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on March 20, 2006, after due and timely notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the amendment of the INPUD, Institutional Planned Unit Development District, to include as conditions a proffered development plan and elevation plans for property located at 1831 Deyerle Road, S.w., Official Tax No. 5070410; 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, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the INPUD, Institutional Planned Unit Development District, is of the opinion that the INPUD, Institutional Planned Unit Development District, be amended, to include as conditions a proffered development plan and proffered plans for property located at 1831 Deyerle Road, S.w., as herein provided. I I I I ;;:.!:~~ 261 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated. December 5, 2005, as amended, be. amended to reflect the amendment of the INPUD, Institutional Planned Unit Development District, to include as conditions a proffered development plan and proffered plans for property located at 1831 Deyerle Road, S~W., Official Tax No. 5070410, as set forth in the Second. Amended Petition to Rezone filed in the Office of the City Clerk on March 22, 2006. . 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 . . . . . ~T~ ;L Mary F. Parker City Clerk c.) ~_A A.~ ' V\%.-~ . (:. Nelson Harris . Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'" day of April, 2006. No. 37370-041706. AN ORDINANCE exempting from real estate property taxation certain property located in the City of Roanoke of Straight Street Roanoke Valley, 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. 262 WHEREAS, Straight Street Roanoke Valley, Inc., (hereinafter "the I 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 April 17, 2006; 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, including the land. and any building located thereon, identified by Roanoke City Tax Map No.1 012020, commonly known as 333 Luck Avenue, S.W., (the "Property"), and owned by the Applicant, 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 aservice charge in an amount I 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 Straight Street Roanoke Valley, 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.1 012020, commonly known as 333 Luck Avenue, S.w., and 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 contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. I I I I -:. ....v. !~ .~. ) ,", 263 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 leyy which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Proper:ty is exempted from such taxation. 3. This Ordinance shall be in full force and effect on july 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 Keith E. Farmer, President of Straight Street Roanoke Valley, Ine. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED n:T'^o j p~ Mary F. Parker City Clerk ~,~~ C. Nelson Harris Mayor ACCEPTED, AGREED TO AND EXECUTED by Straight Street Roanoke Valley, Inc., this _ day of .2006. STRAIGHT STREET ROANOKE VALLEY, INC. By (SEAL) Keith E. Farmer, President 264 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 17"'day of April, 2006. No. 37371-041706, AN ORDINANCE exempting from real estate property taxation certain property located in the City of Roanoke of Blue Ridge Gospel Outreach, 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, Blue Ridge Gospel Outreach, 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 April 17, 2006; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by the I Council: WHEREAS, the Applicant agrees that the real property to be exempt from. taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No, 1010512, commonly known as 9 Salem Avenue, S.w., (the "Property"), and owned by the Applicant 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; I I 1 .1 .t'..:~t 265 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates Blue Ridge Gospel Outreach, 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.1 01 0512, commonly known as 9 Salem Avenue, SW., and 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 contingent on the continued use ofthe 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 riot exempt from such taxation, for so long as the Property is exempted from such taxation. 3. This Ordinance shall be in full force and effect on july 1, 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 Scott Lyons, President of Blue Ridge Gospel Outreach, Inc. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A'^4J L Mary F. Parker City Clerk Mayor 266 ACCEPTED, AGREED TO AND EXECUTED by the Blue Ridge Gospel Outreach. Inc.. this :..___ day of ___.:.____________, 2006. BLUE RIDGE GOSPEL OUTREACH, INC. By (SEAL) Scott Lyons, President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 2006. No.3 73 72-041706. AN ORDINANCE to amend 536.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City~ subject to proffered conditions: and dispensing with the second reading by title of this ordinance. WHEREAS, Marcus O. Brown, Sr., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described property rezoned from R-5, Residential Single-Family District, to CG, Commercial-General District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 536.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on April 17, 2006, after due and timely notice thereof as required by 536.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and I I 1 I I 1 267 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing,finds that the public necessity, convenience, general welfare .and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion 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 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the proffered conditions as set forth in the Amended Petition to Rezone filed in the City Clerk's Office on March 21 , 2006, so that the approximately 3,173 square foot portion of Official Tax No. .2660514, be, and is hereby, rezoned from R-5; Residential Single-Family District, to CG, Commercial-General District, with such proffered conditions, as set forth in the Amended Petition to Rezone filed in the Office of the City Clerk on March 21 , 2006. 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~ JIi 1--<- c.tM~~ c. Nelson Harris Mayor Mary F. Parker City Clerk 268 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 17'hday of April, 2006. No. 37373-041706. A Resolution of the City Council of the City of Roanoke, Virginia, reallocating the purposes and the amounts of the general obligation public improvement bonds in the principal amount of $31,245,000.00 authorized for issuance under Resolution No 35489-080601 and the general obligation public improvement bonds of the City in the principal amount of $830,000.00 authorized for issuance under Resolution No. 35736-012202 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE: SECTION 1. Findinqs and . Determinations. The City Council (the "Council") of the City of Roanoke, Virginia (the "City"), hereby finds and determines as follows: (a) On August 6, 2001, the Council adopted Resolution No. 35489- 1 080601 authorizing the City to contract a debt and to issue general obligation public improvement bonds of. the City. in the principal amount of $31,245,000.00 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 of and for the City for the purposes and in the amounts set forth below; provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth: Purpose Amount Crystal Spring Water Filtration Plant Curb, Gutter and Sidewalk Improvements Schools Stadium/Amphitheatre $ 5,445,000.00 . 5,000,000.00 4,600,000.00 16.200.000.00 $31,245,000.00 I I 1 1 .. 269 (b) On.january 22, 2002, the Council adopted Resolution No. 35736- . 012202 authorizing the City to. contract a debt and to issue general obligation public improvement bonds of the City in the principal amount of $830,000.00 for the purpose of providing funds to pay a portion of the costs of a public improvement project of the City, consisting of the acquisition, construction and equipping a stadium/amphitheatre. . . (c) . On February 21, 2002, the City issued $44,245,000.00 principal amount of its City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 2002A, dated . . February 1, 2002 (the "Series 2002A Bonds"), for the purpose of providing fundg. to pay the costs of various public improvement projects of and for the . City, including the public improvement projects set forth in Resolution No. .35489-080601 and Resolution No. 35736-012202 and referred to above in subsections (a) and (b). (d) : . Subsequent to the issuance and receipt of the proceeds of sale. of .. the Series .2Q02A Bonds arid prior to the date of adoption of this resolution, the Council has determined that it is in the best interest of the City to apply the amount of $8,200,000 of the proceeds of the Series 2002A Bonds allocable to stadium/amphitheatre purposes set forth in Resolution NO.3 5489-08060 1 and Resolution No. 357.36-012202 to the acquisition, construction, reconstruction, improvement, extension, enlargement and.equipping of stadiums at the Patrick. Henry High School and the William Fleming High School. . (e) .In view of the foregoing, the Council hereby (i) determines that $5,590,000.00 of the amounts set forth in Resolution No. 35489-080601 and Resolution No. 35736-012202 for stadium/amphitheatre purposes and a corresponding amount of the proceeds . of sale of the Series 2002A Bonds allocable to stadium/amphitheatre purposes are no longer rieeded for such purposes, and(ii) determines to reallocate such amounts to library projects of and for the City. . SECTION 2. Reallocation of Amounts Set Forth in Resolution No. 35489- 080601 and Resolution No. 35736-012202 and a Correspondinq Amount of Series 2002ABond Proceeds From Stadium/Amphitheatre Purposes to Librarv Proiects. (a) The Council hereby reallocates to the payment of the costs of the acquisition, construction; reconstruction, improvement, extension, enlargement and equipping of library projects $5,590,000.00 of the amounts set forth in Resolution No. 35489-080601 and Resolution No. 35736-012202 for stadium/amphitheatre purposes and a corresponding amount of the proceeds of sale of the Series 2002A Bonds heretofore allocable to the payment of the costs of stadium/amphitheatre purposes. 270 (b) After the reallocation effected pursuant to Section 2(a) hereof, the 1 purposes and the amounts of the general obligation public improvement bonds of the City in the principal amount of $31,245,000.00 authorized for issuance under Resolution No. 35489-080601 and the general obligation public improvement bonds of the City in the principal amount of $830,000.00 authorized for issuance under Resolution No. 35736- 012202 shall be applied to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City for the purposes and in the amounts set forth below: provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth: Purpose Amount Crystal Spring Water Filtration Plant . Curb, Gutter and Sidewalk Improvements Libraries Schools Stadiums $ 5,445,000.00 5,000,000.00 5,590,000.00 4,600,000.00 11.440.000.00 $32,075,000.00 1 SECTION 3. Effectiveness of Resolution. This resolution shall take effect upon its adoption. APPROVED A~f~ Mary F. Parker City Clerk ~,~"~ Mayor 1 I I I 271 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'h day of April, 2006. No. 37374-041706. AN ORDINANCE to reallocate general obligation bond proceeds to the Library Facilities 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 2002 Bond .. Funds. Appropriated from 2002 Bond Funds 008-530-9758,9076 . $(5,590,000.00) 008-650-9746-9076 5,590,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED AS:, 4~ e.. Mary F. Parker City Clerk ~ 272 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 1 "day of May, 2006. No. 37375-050106. AN ORDINANCE to appropriate additional funding for 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 - Environmental & Emergency Mgt 035-520-3527-3030 Revenues State Homeland Security FY06. (Additional) 035-520-3527-3528 $ 53,054.00 53,054.00 1 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"^u -J~ Mary F. Parker City Clerk (.~~wvvb C. Nelson Harris Mayor 1 I I 1 273 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 "day of May, 2006. No. 37376-050106. A RESOLUTION authorizing acceptance of an additional allocation of a 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 U. S. Department of Homeland Security; 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: 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 for an additional allocation of a 2005 State Homeland Security. Grant, such grant being more particularly described in the letter of the City Manager to this Council dated May 1, 2006, upon all the terms, provisions and conditions relating to such application. 2. Following application and any award of the grant, the City Manager is authorized to accept the grant from the Virginia Department of Emergency Management in an amount up to $53,054.00, upon all the terms, provisions and conditions relating to the receipt of such funds. 3. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, the grant application, the grant agreement, and any other necessary documents and to provide all documents or information to the appropriate agencies with regard to all matters pertaining to such federal financial assistance and any and all information pertaining to this grant as may be requested. All such documents to be approved as to form by the City Attorney. APPROVED ~:, -J ~ Mary F. Parker City Clerk ~ C. Nelson Harris Mayor 274 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 "day of May, 2006. No. 37377-050106. A RESOLUTION authorizing the City Manager to execute an agreement with the Williamson Road Area Business Association, Inc. (UWRABAU), for . continued administration of the Williamson Road Special Service District, upon certain terms and conditions. BE IT RESOLVED by Council for the City of Roanoke that the City Manager is hereby authorized to execute an agreement with the Williamson Road Area Business Association, Inc. ("WRABA"), upon form approved by the City Attorney, for continued administration of the Williamson Road Special Service District. The agreement shall be made at the same tax imposed rate as the current agreement ($.10 per $100.00 valuation of real estate) for an initial term of one year, subject to nine additional one year extensions thereafter, commencing july 1, 2006, and subject to other terms and conditions set forth in the City Manager's letter to Council dated May 1, 2006. APPROVED I\~ -J~ G~ Mayor Mary F. Parker City Clerk I I 1 1 I 1 275 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11'" day of May, 2006. No. 37378-051506. A RESOLUTION amending the City's Fee Compendium imposing fees for accessing, duplicating, supplying, or searching for requested public records and copy charges within all City Departments: and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The following fees shall be charged for accessing, duplicating, supplying or searching for requested public records within all City departments, in compliance with Section 2.2-3704 of the Code of Virginia (1950), as amended: COpy Charqes: I Pa er Size 8 Y, xl J..(Ietter) 8 y, x 1:4 (Ie al) 11 x 17 Color Co $~_?O per impressiol"! $.2..5.per impression $.30 er im ression Black and White Co $.1 0 e~_impression $.15 er il!lpression $.20 per impression Research/Staff Time Charqe: If staff time is required to search/research public records, an additional charge may be applied based on the hourly rate of pay, including fringe benefits, of the individual City employee(s) conducting the search. 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 fees for photocopying requested public records and search/research time. 3. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 276 4. The fees established by this Resolution shall remain in effect until amended by this Council. 1 5. This Resolution shall be in full force and effect on and after july 1, 2006. APPROVED ~T~f~ Mary F. Parker City Clerk C~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11 th day of May, 2006. No. 37379-051106. 1 A RE50LUTION amending the City's Fee Compendium imposing certain fees for the provision of certain emergency medical services; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The schedule of fees due to the City for the below-listed emergency medical services provided by the City and/or Roanoke Emergency Medical Services, Ine., shall be as follows: Basic Life Support (Non-Emergency) Basic Life Support (Emergency) Advanced Life Support (Non-Emergency) Advanced Life Support (Emergency) Advanced Life Support (Level 2) $175.00 $300.00 $210.00 $360.00 $550.00 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 1 32412-032795, adopted March 27, 1995, effective as of that date, shall be 1 I I .'" ..,' 277 amended to reflect the foregoing new fees under the heading of Emergency Medical Services. 3. 2006. This Resolution shall be in full force and effect on and after july 1, APPROVED J\:: j~ Mary F. Parker City Clerk C,~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11'h day of May, 2006. No. 37380-051106. A RESOLUTION establishing certain fees for the rental of best seller books from the City's libraries; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The fee due to the City for rental of best seller books shall be $2.00 per book per week. 2. The fee compendium of the City of Roanoke, 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 include the foregoing new fee under the heading of Library. 278 3. 2006. This Resolution shall be in full force and effect on and after july 1, 1 APPROVED 7\S~ 7' L Mary F. Parl<er City Clerk CW~t\~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11 oh day of May, 2006. No. 37381-051106. AN ORDINANCE amending !l32-16, Levied: rate, Code of the City of Roanoke (1979), as amended, to provide for reduction of the real estate tax rate 1 from $1.21 on everyone hundred dollars of fair market value to $1.19 on every one hundred the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-16, !,._~vied: rate, Code of the City of Roanoke (1979), as amended, is amended as follows: !l32-16. Levied: rate. Pursuant to !l2, subsection (1), Roanoke Charter of 1952, as amended, and pursuant to the provisions of the general law of the state, and in order to provide revenue for the operation and administration of the city government, the payment of principal and interest upon the city debt, the operation of the public schools, and for other municipal expenses and purposes, there is hereby imposed and levied, and there shall be collected, for the tax year commencing july 1, 2006, and for each tax year thereafter, a tax upon all real estate and improvements thereon not expressly exempt from taxation and not the property of a public service corporation, at the rate of one dollar and nineteen cents ($1.19) on everyone hundred dollars ($100.00) of the fair market value of such property. 1 1 I 1 .. . .; ,'i" 1..... 279 2. 2006. This ordinance shall be in full force and effect on and after july 1, 3. Pursuant to Section 12 of the' City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED 7'\ ., -J- ~ Mary F. Parker City Clerk c.~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11'h day of May, 2006. No. 37382-051106. AN ORDINANCE amending and reordaining 932-190, Levied: amount, Code of the City of Roanoke (1979), as amended, to provide for an increase in the cigarette tax rate from $.0135 per cigarette to $.027 per cigarette; providing for an effective date of july 1, 2006, and dispensing with the second reading of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-190, Levied: amount, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: 932-190. Levied: amount. In addition to all other taxes of every kind now imposed by law, there is hereby levied and imposed by the City, upon each and every sale of cigarettes, a tax equivalent to $.027 per cigarette (twenty seven mills per cigarette) sold within the City, the amount of such tax to be paid by the seller in the manner and at the time prescribed in this Article. 280 2. 2006. This ordinance shall be in full force and effect on and after july 1, 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 ~T~ J. L Mary F. Parker City Clerk (Jh2~~tvWfJ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11 ,h day of May, 2006. No.3 7383-051106. AN ORDINANCE amending and reordaining 932-86, Financial eliqibility, Code of the City of Roanoke (1979), as amended, by adding a new subsection (g) increasing from $30,000.00 to $34,000.00 the total combined annual income threshold and increasing from $100,000.00 to $125,000.00 the net combined financial worth threshold for qualification for real estate tax exemption for elderly and disabled persons for the tax year commencing july 1, 2007; amending current subsection (g) of 932-86, Financial eliqibilitv, to redesignate such subsection as subsection (h); and dispensing with the second reading of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-86, Financial eliqibility, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: 932-86. Financial eliqibility. * * * (g) For the tax year commencing July 1, 2007, and for subsequent tax years, the total combined income as defined in subsection (a) above of any owner claiming an exemption under 1 1 1 I 1 1 281 this division as of the thirty-first day of December of the immediately preceding calendar year shall not exceed thirty-four thousand dollars ($34,000.00), and the net combined financial worth as defined in subsection (a) above as of the thirty-first day of December of the immediately preceding calendar year shall not exceed one hundred and twenty-five thousand dollars ($125,000.00). (h) A change in ownership to a spouse less than sixty-five (65) years of age or not permanently and totally disabled, which results solely from the death of his or her qualified spouse, shall result in a pro rata exemption for the then current taxable year. Such prorated portion shall be determined by multiplying the amount of the. exemption by a fraction wherein the number of complete months of the tax year such property was properly eligible for such exemption is the numerator and the number twelve (12) is the denominator. 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 ?\."/' -J p~ Mary F. Parker City Clerk c.~<ti~ c. Nelson Harris Mayor COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11 ot, day of May, 2006. No. 37384-051106. 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, 2006, and ending june 30, 2007; and dispensing with the second reading by title of this ordinance. 282 BE IT ORDAINED by the Council of the (ity of Roanoke as follows: 1 J. 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, 2006, and ending june 30, 2007, 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 Intergovernmental Revenue - Charges for Current Services Miscellaneous Total Revenues $ 90,878,000.00 66,297,000.00 1,236,000.00 1,287,000.00 645,000.00 67,240,000.00 J 1,395,000.00 629,000.00 ---- $239,607,000,00 1 Appropriations Treasurer Clerk of Circuit Court juvenile and Domestic Relations Court Services juvenile and Domestic Relations Magistrate General District Court Circuit Court Commissioner of the Revenue 948,799.00 1,404,716.00 1,513,248.00 28,558.00 3,014.00 41,306.00 540,514.00 970,997.00 1 283 I Sheriff $ 2,298,470.00 jail 14,027,319.00 16,325,789.00 Commonwealth's Attorney $1,538,969.00 Cost Collections Unit 76,165.00 1,615,134.00 City Council 246,367.00 City Attorney 874,691.00 City Clerk 598,059.00 Municipal Auditing 564,012.00 Department of Finance $1,925,082.00 Billings and Collections 711,177.00 Real Estate Valuation 1,017,205.00 Board of Equalization 21,257.00 3,674,721.00 1 Residual Fringe Benefits 1,653,616.00 Miscellaneous 100,000.00 Transfers to School Fund 57,755,298.00 Transfers to Greater Roanoke Transit Company 1,372,855.00 Transfers to Debt Service Fund 19,242,572.00 Transfer to Other Funds 5,127,660.00 Electoral Board 296,235.00 Office of Communications 657,061.00 City Manager 741,139.00 Roanoke Arts Festival - 12 S'h 303,782.00 Memberships and Affiliations 1,652,127.00 Personnel Lapse (2,596,190.00) Contingency 1,292,916.00 Environmental and Emergency Management 264,691.00 Department of Management and 569,714.00 I 284 Human Resources $ 1,210,628.00 I Occupational Health Clinic 488,352,00 1,698,980.00 ----....-....... ----.-- E911 Center $2,341,589.00 E911 Wireless 339,584.00 Telecommunications 644,244.00 3,325,417.00 Director of General Services $ 212,093.00 Management Services 112,821.00 Purchasing 330,723.00 655,637.00 Building Maintenance $ 4,082,357.00 Custodial 5ervices 1,182,378.00 5,264,735.00 Fire Administration $ 915,077.00 Fire Support 848,936.00 . Fire Operations 14,230,935.00 Fire Airport Rescue 724,885.00 1 Emergency Medical Services 2,346,715.00 19,066,548.00 .......-- Director of Public Works $ 244,457.00 Solid Waste Management 6,819,363.00 Transportation - Streets and 4,870,071.00 Transportation - Paving 2,646,111.00 Transportation - Snow Removal 250,440.00 Transportation - Street Lighting 939,489.00 Transportation - Engineering & 1,603,626.00 Engineering 1,653,002.00 19,026,559.00 Planning and Development $1,324,313.00 Building Inspections 863,513.00 Economic Development 1,120,710.00 3,308,536.00 1 .: ;,' :.~ ' ',' ';~; ,l: : 285 I Roanoke Arts Commission 348,077 .00 Neighborhood Partnership $ 156,570.00 Citizens Service Center 24,561.00 Housing and Neighborhood 1,552,038.00 1,733,169.00 Parks $3,486,577.00 Parks & Recreation 1,554,023.00 Youth Services 598,370.00 Recreation 1,265,912.00 6,904,882.00 Director of Human $1,452,3.15.00 Income Maintenance 5,720,915.00 Social Services - Services 3,143,276.00 Employment Services 1,495,630.00 Foster Parent Training 131,805.00 Human Services Support 338,197.00 22,282,138.00 I Virginia Institute for Social Training Activities 490,359.00 Hospitalization 81,933.00 Youth Haven $ 624,537.00 Outreach Detention 265,746.00 Crisis Intervention 589,851.00 1,480,134.00 Health Department 1,363,326.00 Mental Health 434,481.00 Human Services Committee 578,841.00 Comprehensive Services Act 9,062,733.00 CSA - Administration 71,095.00 Virginia Cooperative Extension 60,740.00 I 286 Police Administration Police Investigation Police Patrol Police Services Police Training Police Animal Control $ 459,887.00 233,949.00 2,761,572.00 3,226,579.00 740,312.00 878,196.00 Libraries Law Library Total Appropriations 3,126,976.00 157,808.00 Civic Facilities Fund Revenues Operating Non-Operating Total Revenues AppropriatiQns Operating Expenses Promotional Expenses Concessions Catering Capital Outlay Debt Service Total Appropriations Parkina Fund 1 21,300,495.00 3,284,784.00 ------.--.. $239,607,000.00 $ 3,821,962.00 2,074,992.00 $ 5,896,954.00 1 $ 3,270,223.00 465,182.00 598,969.00 232,813.00 20,000.00 1,309,767.00 $5,896,954.00 1 I 1 1 287 Revenues Operating Total Revenues $ 2,720,000.00 $ 2,720,000.00 Appropriations Parking Coordination Market Garage Elmwood Park Garage Center in the Square Garage Church Avenue Garage Tower Garage Cainsboro Garage Market Lot Elmwood Lot Warehouse Row Lot Williamson Lot Higher Ed Center Lot Debt Service Total Appropriations $ 59,762.00 196,045.00 222,833.00 155,465.00 349,695.00 259,744.00 141 ,41 7.00 4,140.00 35,235.00 8,312.00.00 7,551.00 22,610.00 1,257,191.00 $ 2,720,000.00 Market Buildina Fund Revenues Operating Non-Operating Total Revenues $ 286,500.00 35,000.00 ---"- $ 321,500.00 AI>..p-ropriations Operating Expenses Total Appropriations $ 321,500.00 $ 321,500.00 288 1 Appropriations Risk Management Risk Management - Other Total Appropriations $ 1,145,404.00 14,431,963.00 --.."-----.--- $15,577,367.00 School Fund Revenues $132,263,335.00 Appropriations $132,263,335.00 School Food Services Fund Revenues $ 5,354,948.00 1 Appropriations $ 5,354,948.00 Grant Fund Revenues Virginia juvenile Community Crime Control $ 103,756.00 Total Revenues $ 103,756.00 Appropriations Substance Abuse Services - Court Services $ 47,579.00 Enhanced Community Services - Court 56,177.00 Total Appropriations $ 103,756.00 1 289 290 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 the 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, 2006, are re-appropriated to the 2006-07 fiscal year to the same department and account for which they are encumbered in the 2005-06 fiscal year. 5. That this ordinance shall be known and cited as the 2006-07 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 AA~ -J,P~ Mary F. Parker City Clerk (. ~ . Nelson Harris Mayor 1 1 1 I 1 1 291 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 2006. No. 37385-051106. AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City effective july 1, 2006; 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; authorizing annual salary increments for employees performing fire inspector duties: 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 Sheriff who meets the qualifications for and has been appointed Master Deputy Sheriff; repealing, to the extent of any inconsistency, Ordinance No. 37047-051005, adopted May 10, 2005; 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 92-69, 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, 2006, the Pay Plan hereinafter set out in its entirety, which shall read and provide as follows: 292 CITY OF ROANOKE, VIRGINIA PAY PLAN July 1,2006 1 Pay Grade 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 Minimum Annual Salary $17,775.94 18,664.88 20,064.20 21,613.80 23,879.96 26,386.88 29,159.52 31,213.52 34,802.82 38,806.04 43,267.64 48,243.78 54,494.96 60,761 .48 67,748.98 76,477.96 85,272.72 95,079.14 Maximum Annual Salary $28,441.40 29,863.86 32,102.72 34,582.08 38,208.04 42,219.06 46,655.18 49,941.58 55,684.46 62,089.56 69,228.12 77,190.10 87,192.04 97,218.42 108,398.42 122,364.84 136,436.30 152,126.52 1 2. The Pay Plan adopted by this Ordinance shall remain in effect until amended by Council. 3. Pursuant to 92-68, Code of the City of Roanoke (1979), as amended, effective july 1, 2006, 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 four and one-half percent (4.5%) of the employees' current base salary, may be awarded officers and employees according to their performance scores. Effective july 1, 2006, for officers and employees appointed or hired after july 1, 2005, performance increases shall be prorated based on the number of pay periods served pursuant to policies and procedures promulgated by the City Manager. 1 I 1 1 ..". ,. t'.''' 293 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: POSITION TITLE ANNUAL SALARY INCREMENT Appraiser I Appraiser II . Assistant City Managers (unless City Manager has assigned a City vehicle to the individual Assistant) Assistant Director of Civic Facilities City Attorney City Clerk Deputy Director of Real Estate Valuation Director of Civic Facilities Director of Finance Director of Planning, Building and Economic Development Director of Real Estate Valuation Municipal Auditor Senior Tax Compliance Administrator Special Projects Coordinator Supervising Appraiser $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 1,110.00 $ 2,500.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 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 as a uniform allowance. 294 8. Each employee of the Fire-Emergency Medical Services Department 1 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 payable on a bi-weekly basis. 10. Each employee of the Fire-Emergency Medical Services Department who has been certified and performs Fire Inspector duties as part of the Fire Prevention Program assigned by the Fire-EMS Chief shall be accorded an annual salary increment of $1 ,500.00 payable on a bi-weekly basis. 11. 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 1 supplement shall range from $1,014.00 to $4,525.00 payable on a bi-weekly basis. 12. 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. 13. The City Manager is authorized to continue a merit pay program for Firefighter/Emergency Medical Technicians who attain an EMT-I or Paramedic certificate. The annual pay supplement shall be in the amount of $4,000.00 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 EMT stipend, receive the difference between such stipend and the merit pay authorized hereby, 14. 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. 1 I I I .t, .,t..... "",.';;': 295 1 5. 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 suspended until the Program has been fully developed and made operational by the Virginia Department of Historic Resources (VHDR). 16. When any salary increase provided in paragraphs 4, 11, 12 or 13 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. 17. 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 at 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%). 18. To the extent of any inconsistency, Ordinance No. 37047-051005, adopted May 10, 2005, as amended, is hereby REPEALED. Paragraph 15 of Ordinance No. 36312-051203 relative to the annual salaries of the Mayor, Vice- Mayor and Council Members, shall remain in force and effect until amended in accordance with the provisions of State law. 19. Until july 1, 2006, the salaries of the Clerk of Circuit Court, Commonwealth's Attorney, Commissioner of the Revenue, City Sheriff, and City Treasurer, the City's Constitutional. Officers, shall be as set by Council by Ordinance No. 37047-051005, adopted May 10, 2005. Effective july 1, 2006, the salaries shall be their then current salary increased by four percent (4%), unless modified by ordinance duly adopted by Council. 20. Any increase in compensation due to any officer or employee due under this ordinance shall be first paid beginning with the paycheck of july 12, 2006. 296 21. The provisions of this ordinance shall be in full force and effect on and after july 1, 2006. 22. Pursuant to 912 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED n~~L Mary F. Parker City Clerk c Vee"cW~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of May, 2006. No. 37386-051106. 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: 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, 2005, shall effective july 1, 2006, be increased by three percent (3%) 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 922.2-61, Retirement Supplement, of the Code of the City of Roanoke (1979), as amended (hereinafter "City Code"), calculated as of july 1, 2006. 1 1 1 1 1 1 . .; ~ . : 297 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: a. Any member of the Employees' Supplemental Retirement System (hereinafter "ESRS") or of the Employees' Retirement System (hereinafter "ERS") retired under 922.2-43, Normal Service Retirement, or under 922.2-47, Retirement and Service Retirement Allowance Generally, respectively, of the City Code. b. Any member of ESRS or ERS retired under 922 .2-50, Nonoccupational Disability Retirement Allowance, of the City Code; or c. Any member of ESRS or ERS retired under 922.2-5 J, Occupational Disability Retirement Allowance, of the City Code; or d. Any member of the ESRS retired under 922.2-44, Early Service Retirement Allowance, or 922.2-45, Vested Allowance, or any member of ERS retired under 922.2-48, Early Service Retirement Allowance,or 922.2-49, Vested Allowance, of the City Code: or e. 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.e., or 2.d. of this ordinance; or f. Any member retired under 922.2-75, 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. 298 3. This ordinance shall be in full force and effect on July 1, 2006. 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: R 0::t,-J ~ City Clerk ~. U~4IthIb c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11 'h day of May, 2006. No. 37387-051106. A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by letter of May 11, 2006. WHEREAS, by letter of May 11, 2006, the City Manager has presented an update to the City's Five-Year Capital 2007-2011 in the. recommended $235,349,986; Improvement Program for Fiscal Years Resource Allocation Plan totaling WHEREAS, the Capital Improvement Program and the recommendation for projects is affordable and consistent with discussions by City Council and actions taken by City Council; and funding previous WHEREAS, this Council is desirous of endorsing the recommended update to the Capital Improvement Program; I I I I I I 299 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 2007-2011, and the related funding recommendations, as set out in the letter of the City Manager dated May 11, 2006. APPROVED 7\'UJfJ~ Mary F. Parker City Clerk c. ~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11" day of May, 2006. No. 37388-051106. AN ORDINANCE to appropriate funding for the FY 2007-2011 Update to the Capital Improvement Program, amending and reordaining certain sections of the 2006-2007 General, Capital Projects, Market Building, Department of Technology, Fleet Management, 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 2006-2007 General, Capital Projects, Market Building, Department of Technology, Fleet Management, and Grant 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 Transfer to DOT Fund Transfer to Fleet Management Fund Transfer to Grant Fund 01-250-9310-9508 01-250-9310-9513 01-250-9310-9517 01-250-9310-9535 $ (245,424.00) 94,751.00 50,673.00 100,000.00 300 Capital Proiects Fund I Appropriations Appropriated from General Revenue 08- 310-9688-9003 $ 100,000.00 Appropriated from General Revenue 08-440-9854-9003 94,751.00 Appropriated from General Revenue 08-510-9620-9003 430,896.00 Appropriated from General Revenue 08-530-9552-9003 500,000.00 Appropriated from General Revenue 08-530-9575-9003 440,000.00 Appropriated from General Revenue 08-530-9736-9003 49,820.00 Appropriated from General Revenue 08-530-9823-9003 139,000.00 Appropriated from General Revenue 08-530-9837-9003 385,000.00 Appropriated from General Revenue 08-530-9838-9003 200,000.00 Appropriated from General I Revenue 08-530-9847-9003 100,000.00 Appropriated from General Revenue 08-530-9849-9003 300,000.00 Appropriated from General Revenue 08-615-9862-9003 300,000.00 Appropriated from General Revenue 08-615-9863-9003 175,000.00 Appropriated from General Revenue 08-615-9864-9003 100,000.00 Appropriated from General Revenue 08-615-9867-9003 100,000.00 Appropriated from General Revenue 08-615-9868-9003 70,000.00 Transfer to Market Building Fund 08-530-9712-9504 200,000.00 Revenues Transfer from General Fund 08-110-1234-1037 2,584,467.00 Fund Balance Residual Equity Transfer 08-3337 (1,100,000.00) I I I I Market Buildina Fund Appropriations Appropriated from General Revenue Revenues Transfer from Capital Projects Fund 09-310-8134-9003 09-110-1234-1309 Department of Technoloav Fund Appropriations Reverse-Future Capital Outlay Revenues Transfer from General Fund 13-430-1602-3028 13-110-1234-0951 Fleet Manaaement Fund Appropriations Vehicular Equipment Revenues Transfer from General Fund 17-440-2642-9010 17-110-1234-0951 Grant Fund Appropriations Home Investment Partnership Program Local Match Revenues Home Investment Partnership Program Local Match 35-615-8119-5507 35-615-8119-5220 301 200,000.00 200,000.00 94,751.00 94,751.00 50,673.00 50,673.00 100,000.00 100,000.00 Pursuant to the provisions of Section 12 of the City Charter; the second reading of this ordinance by title is hereby dispensed with. APPROVED l\~ J~ Mary F. Parker City Clerk Q .~eQ C. Nelson Harris Mayor 302 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11 ,h day of May, 2006. No. 37389-051106. AN ORDINANCE to appropriate funding from the. Economic and Community Development Reserve for the YMCA Aquatic Center and the Greenways Development Projects, amending and reordaining certain sections of the 2006-2007 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 2006-2007 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 Economic and Community Development Reserve - Unappropriated 08-620-9753-9003 $200,000.00 08-620-9757-9003 200,000.00 08-3365 (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 ?\.~~L- Mary F. Parker City Clerk e,Ud~ C. Nelson Harris Mayor I I I I I I 303 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11 ", day of May, 2006. No. 37390-051106. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Enterprise Zone Projects, amending and reordaining certain sections of the 2006-2007 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 2006-2007 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 Appropriated from General Revenue Fund Balance Economic and Community Development Reserve - Unappropriated 08-310-9630-9003 08-310-9736-9003 08-310-9738-9003 $ 100,000.00 150,000.00 30,000.00 08-3365 (280,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~5~jL e.Utl~ Mary F. Parker City Clerk C. Nelson Harris Mayor 304 THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 11 ", day of May, 2006. No. 37391-051106. A RESOLUTION approving the 2006-2007 Annual Update ("Annual Update") to the 2005 - 2010 Consolidated Plan and authorizing the City Manager, or the City Manager's designee, to submit the approved Annual Update 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 Annual Update. WHEREAS, in order to receive Community Development Block Grant, HOME Investment Partnerships, 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; WHEREAS, opportunities for community input regarding the Annual Update were provided at public meetings held November 3, 2005, and March 30, 2006, and at a City Council public hearing on April 27, 2006, by a 30-day public review and comment period beginning April 4, and ending May 3, I 2006, by dissemination of information to all library branches, the Law Library, the Roanoke Redevelopment and Housing Authority main offices, the City Clerk's office and the Department of Management and Budget for public inspection, by letters to a mailing list of over 400 interested individuals and organizations, including the Roanoke Neighborhood Advocates, and by publishing information in The Roanoke Times and The Roanoke Tribune and on the City's website; and WHEREAS, the Annual Update must be approved by this Council and received by HUD by May 16, 2006, to ensure timely receipt of new entitlement funds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Annual Update is hereby approved; and I I I I 305 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 Annual Update to HUD for final review and approval, and to execute all necessary documents pertaining to such Annual Update, 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 11, 2006, to this Council. APPROVED n,5T :;L Mary : ;:1r City Clerk ~J~~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11 ,h day of May, 2006. No. 37392-051106. AN ORDINANCE amending s2-35, Use of personal automobile for city business- Mileaae allowance, of Article III, Officers and Employees, Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, in order to link the mileage allowance paid to employees of the City for use of their personal vehicles on City business to the Internal Revenue Service's reimbursement rate per mile for business use; 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 2-35, Use of personal automobile for city business - Mileaae allowance, of Article III, Officers and Employees, Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, is amended to read and provide as follows: 306 s2-35. Use of personal automobile for citv business-Mileaqe allowance. Except where a specific, lump sum, periodic allowance is made therefor, the mileage travel allowance paid to officers and employees of the city who may be authorized to use and who do use their own privately-owned passenger automobile for travel or transportation in connection with performance of their regular duties for or upon the immediate business or affairs of the city shall be at such rate per mile for the use of such vehicle as is established from time to time by the Commonwealt-h---of Virginia f-or re.imbursing State emplo'yees for such purp~:lnternal Revenue Service for determining the reimbursed. amount of those expense that are deemed substantiated for business usage of vehicles. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~s~;~ Mary F. Parker City Clerk c..Ut-~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of May, 2006. No. 37393-051506. A RESOLUTION directing the City Manager to proceed with the demolition of Victory Stadium. WHEREAS, since its dedication on November 26, 1942, Victory Stadium has served the City well, but due to its location, age, and present condition, Council does not desire to invest further public funds in its maintenance or renovation; I I I I I I ,;;:. . 307 WHEREAS, Council has resolved to support the construction of a sports stadium at Patrick Henry High School and a sports stadium at William Fleming High School; and WHEREAS, Council is desirous of proceeding with the demolition of Victory Stadium. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and hereby is, directed: 1. To proceed with the demolition of Victory Stadium, to execute any contracts or documents necessary to perform such work, and to take any related action necessary to perform such work and to dispose of demolition debris. 2. To make available to individual residents who request them, up to four (4) bricks free, as a memento. 3. To ensure that any future use of the stadium site includes a memorial, composed of some of the original brick from the stadium, reflecting the presence and significance of the stadium, as well as memorializing Coach Bob "Guts" McClelland for whom the playing field is named. APPROVED ?\My J~ Mary F. Parker City Clerk e.~~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'" day of May, 2006. No. 37394-051506. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia through the Technology Trust Fund for the improvement of operations in the Office of Circuit Court Clerk, amending and reordaining certain sections of the 2005-2006 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 308 BE IT O.RDAINED 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: I Appropriations Maintenance Contracts Furniture & Equipment> $5,000 035-120-5151-2005 035-120-5151-9005 $ 21,300.00 5,060.00 Revenues Comp Board Tech Trust Fund FY06 035-120-5151-5151 26,360.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ;;;~ lL Mary F. Parker City Clerk ~~4~ I Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of May, 2006. No.3 7395-051506. AN ORDINANCE to appropriate federal and state funds for the Martin Luther King Jr. Memorial Bridge 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: I I I I 309 Appropriations Appropriated from Federal Grant Funds 008-052-9574-9002 $ 497,100.00 Appropriated from State Grant Funds 008-052-9574-9007 1,500,000.00 Revenues MLK Jr. Memorial Bridge-Federal Grant 008-530-9574-9926 497,100.00 MLK Jr. Memorial Bridge-State Grant 008-530-9574-9927 1,500,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED 7\:' JP~ Mary F. Parker City Clerk e.~~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of May, 2006. No. 37396-051506. 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 Valley View Mall, LLC (VVM) that provides for certain undertakings by the parties in connection with the development of certain property located in Valley View Mall, in the City of Roanoke; and dispensing with the second reading by title of this Ordinance. WHEREAS, VVM has proposed the development of certain property located in Valley View Mall; 310 I WHEREAS, the development of the site will require significant infrastructure cost for the site development in order to provide for retail activity; WHEREAS, VVM has requested an economic development grant through the IDA to assist in the unusual expense of development of the site; 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 VVM 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: 1. City Council hereby approves the terms of the Performance Agreement among the City, the IDA, and VVM, as set forth in the attachment to the City Manager's letter to Council dated May 15, 2006, which provides for I certain undertakings and obligations by VVM, as well as certain undertakings by the City and the IDA. City Council further finds that the economic development grant provided for by the Performance Agreement will promote economic development within the City and the Roanoke Valley. 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 VVM, upon certain terms and conditions as set forth in the City Manager's letter to Council dated May 15, 2006. The Performance Agreement shall be substantially similar to the one attached to such letter and in a 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. I I I I ,',.' ';, ," .... 311 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: 1 0 . A~:/.r~ Mary ~. Parker City Clerk c.~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of May, 2006. No. 37397-051506. A RESOLUTION authorizing the City Manager to execute an agreement with Downtown Roanoke, Inc., for continued administration of the Downtown Service District, upon certain terms and conditions. BE IT RESOLVED by Council for the City of Roanoke that the City Manager is hereby authorized to execute an agreement with Downtown Roanoke, Inc., upon form approved by the City Attorney, for continued administration of the Downtown Service District, by providing for business development activity and other additional services that are not provided uniformly throughout the City, pursuant to Section 15.2-2403, of the Code of Virginia (1950) as amended. The agreement shall be made at the same tax imposed rate as the current agreement ($.10 per $100.00 valuation of real estate) for an initial term of one year, subject to nine additional one year extensions thereafter, commencing July 1, 2006, and upon the same terms and conditions as the City's current agreement with Downtown Roanoke, Inc., as set forth in the City Manager's letter to Council dated May 15, 2006. APPROVED ~T"-y -J ~ Mary F. Parker City Clerk Cv~ C. Nelson Harris Mayor 312 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 1 50h day of May, 2006. No. 37398-051506. AN ORDINANCE to appropriate funding to the Human Services Committee, amending and reordaining certain sections of the 2006-2007 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 2006-2007 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows, in part: Appropriations Subsidies 01-630-5220-3700 $(578,841.00) Bradley Free Clinic - 15,000.00 Medical Program 01-630-5220-3721 League of Older Americans 30,000.00 - Meals on Wheels 01-630-5220-3722 I Roanoke Area Ministries 01-630-5220-3723 30,000.00 Unified Human Services - 24,000.00 Transportation (RADAR) 01-630-5220-3725 Bethany Hall 01-630-5220-3728 5,000.00 Big Brothers/Big Sisters 01-630-5220-3729 3,000.00 Council of Community Services - Information & Refe rral 01-630-5220-3732 15,000.00 Roanoke Valley Speech & Hearing Center 01-630-5220-3738 4,000.00 TRUST - Emergency Shelter & Transitional Housing 01-630-5220-3740 10,500.00 West End Center for Youth 01-630-5220-3745 42,000.00 Adult Care Center - Adult Day Care 01-630-5220-3746 7,000.00 Roanoke Adolescent Health Partnership 01-630-5220-3767 23,500.00 Greenvale School 01-630-5220-3780 14,000.00 I .' :'r . . I ,. , 313 ,".1" I Blue Ridge Independent Living Center 01-630-5220-3781 $ 12,000.00 Mental Health Association of Roanoke Valley 01-630-5220-3784 3,000.00 Southwestern VA Second Harvest Food Bank 01-630-5220-3788 15,000.00 Planned Parenthood of the Blue Ridge 01-630-5220-3795 8,000.00 St. John's Community Youth Program 01-630-5220-3797 10,000.00 VA Skyline Girl Scouts Council 01-630-5220-3798 6,000.00 Presbyterian Community Center 01-630-5220-3801 10,000.00 Children's Advocacy Center - Family Support 01-630-5220-3915 7,500.00 Brain Injury Services of SW Virginia 01-630-5220-3916 5,000.00 Apple Ridge Farm 01-630-5220-3917 20,000.00 Family Service of Roanoke I Valley - ACTION 01-630-5220-3919 20,000.00 Family Service of Roanoke Valley - Home Care 01-630-5220-3920 15,000.00 Family Service of Roanoke Valley - Family & Individual Counseling 01-630-5220-3921 12,000.00 Family Service of Roanoke Valley - Adults Plus 01-630-5220-3922 15,000.00 Blue Ridge Legal Services 01-630-5220-3923 12,000.00 Roanoke Valley Interfaith Hospitality Network 01-630-5220-3927 8,500.00 Salvation Army - Turning Point 01-630-5220-3929 17,641.00 Salvation Army - Emergency Shelter 01-630-5220-3930 14,700.00 Child Health Investment Partnership - Helpful Opportunities for Parents to Excel 01-630-5220-3931 5,000.00 I 314 CHIP - Family I Strengthening Program 01-630-5220-3932 $25,000.00 CHIP - Care Coordination Program 01-630-5220-3933 25,000.00 YMCA of Roanoke Valley - Magic Place 01-630-5220-3934 10,000.00 YWCA of Roanoke Valley - Child Care 01-630-5220-3937 10,000.00 YWCA of Roanoke Valley - Resident Program 01-630-5220-3939 3,500.00 Council of Community Services - Monitoring Services 01-630-5220-3940 12,000.00 Council of Community Services - Non-Profit Resource 01-630-5220-3946 15,000.00 Child Health Investment Project - FAMIS 01-630-5220-3947 5,000.00 Bradley Free Clinic - Dental Program 01-630-5220-3958 17,000.00 CHIP - Dental Varnish 01-630-5220-3959 10,000.00 I Commonwealth Catholic 7,000.00 Charities 01-630-5220-3960 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED AA~ J ~ Mary F. Parker City Clerk e.~~ c. Nelson Harris Mayor I I I I :,.1 315 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of May, 2006. No. 37399-051506. 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 2006-2007; 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 2006-2007 budget approved by City Council for the Human Services Advisory Board provides for funding in the amount of $578,841.00; 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 $887,483.00 were received by the Human Services Advisory Board from thirty-three (33) agencies; WHEREAS, after studying each application and holding allocation meeting hearings, the Board has recommended allocation of funding to certain applicant agencies for Fiscal Year 2006-2007; 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 2006-2007 as more particularly set forth in the City Manager's letter dated May 15, 2006, to this Council, and the attachment to that report. 316 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; all such contracts to be approved as to form by the City Attorney. I APPROVED ?\T~ j ~ e. ~~~.wvb Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of May, 2006. No. 37400-051506. I AN ORDINANCE to appropriate funding to specific Art Commission agencies, amending and reordaining certain sections of the 2006-2007 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 2006-2007 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Subsidies 01-310-5221-3700 $ (348,077.00) Virginia Museum of Transportation 01-310-5221-3714 52,419.00 Roanoke Symphony Society 01-310-5221-3736 32,000.00 Mill Mountain Theatre 01-310-5221-3749 14,000.00 Explore Park 01-310-5221-3758 36,400.00 Opera Roanoke 01-310-5221-3762 11,900.00 Science Museum of Western Virginia 01-310-5221-3774 59,000.00 I Roanoke Valley History Museum 01-310-5221-3776 9,250.00 .' ~'I,' 317 I Roanoke Ballet Theatre 01-310-5221-3779 $ 7,200.00 Young Audiences of Virginia 01-310-5221-3802 7,250.00 Arts Council of the Blue Ridge 01-310-5221-3909 16,800.00 Art Museum of Western Virginia 01-310-5221-3910 17,600.00 Blue Ridge Zoological Society 01-310-5221-3911 12,500.00 Downtown Music Lab 01-310-5221-3912 9,900.00 Harrison Museum/African American Culture 01-310-5221-9313 25,000.00 Monitoring 01-310-5221-3914 5,790.00 O. Winston Link Museum 01-310-5221-3941 6,250.00 The Dumas Drama Guild, Inc. 01-310-5221-3943 7,287.00 Jefferson Center Foundation LTD 01-310-5221-3944 15,031.00 Arts Commission 01-310-5221-3961 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. I l\S2.;~ APPROVED Mary F. Parker City Clerk e. ~JL8wvwb c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 50h day of May, 2006. No. 37401-051506. I 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 and Signal &. ITS ,Improvements Projects, amending and reordaining certain sections of the 2005-2006 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. 318 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 008-530-9512-9007 Appropriated from 1999 Bond Funds 008-530-9803-9001 Appropriated from 1999 Bond Funds 008-530-9833-9001 Appropriated from State Grant Funds 008-530-9833-9007 Revenues VDOT-Riverland Road./ Mt. Pleasant/ Bennington Street 008-530-9512-9913 VDOT-Signal & ITS Improvements 008-530-9833-9915 I $ 780,000.00 (22,000.00) 22,000.00 579,000.00 780,000.00 . 579,000.00 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 I ~v1M C. Nelson Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of May, 2006. No. 37402-051506. AN ORDINANCE to appropriate funding from the Virginia Literary Loan Fund for improvements to the Monterey Elementary School, amending and reordaining certain sections of the 2005-2006 School Capital Projects Fund Appropriations and dispensing with the second reading by title of this I ordinance. I I I ",!." 319 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 School Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: School Capital Projects Fund Appropriation Appropriation From Literary Loan!VP5A Bonds 031-065-6074-6896-9006 Revenue Literary Loan - Monterey Elementary School 031-065-6074-1458 $ 2,000,000.00 2,000,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ;;;~ -J ~ ~~L Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of May, 2006. No. 37403-051506. AN ORDINANCE to appropriate funding from the federal government for the William Fleming Ninth Grade Transition Grant and the AP Fee Payment Programs, amending and reordaining certain sections of the 2005-2006 School Fund Appropriations and dispensing with the second reading by title of this ordinance. 320 BE IT ORDAINED by the Council of the City of Roanoke that the following I sections of the 2005-2006 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: School Fund Appropriations Supplements Social Security Maintenance Service Contracts Revenues Federal Grant Receipts Federal Grant Receipts 030-062-6894-6100-0129 030-062-6894-6100-0201 030-062-6895-6100-0332 $ 11,147.00 853.00 2,912.00 030-062-6894-1102 030-062-6895-1102 12,000.00 2,912.00 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 I e~ ~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of May, 2006. No. 37404-051506. AN ORDINANCE to amend ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, dated December 5, 2005, as amended, to rezone certain property within the City; and dispensing with the second reading of this ordinance by title. . I I I I 321 WHEREAS, Highland Park United Methodist Church has made application. to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described property rezoned from IN, Institutional District, to RM-1, Residential Mixed Density District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on May 15, 2006, after due and timely notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the Petition to Rezone filed in the City Clerk's Office on February 21, 2006, so that a portion of Tax Map No. 1120908, said parcel located at 702 Ferdinand Avenue, S.W., and Tax Map No. 1120909, located on Ferdinand Avenue, S.w., be, and is hereby, rezoned from IN, Institutional District, to RM-1, Residential Mixed Density District, as set forth in the Petition to Rezone filed in the Office of the City Clerk on February 21, 2006. 322 2. Pursuant to the prOVISions of Section 12 of the City Charter, the I second reading of this ordinance by title is hereby dispensed with. APPROVED AI\~-i~ Mary F. Parker City Clerk ~ \,l.&v~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of May, 2006. No. 37405-051506. AN ORDINANCE to amend s36.2-1 00, Code of the City of Roanoke (1979), I as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by amending the conditions presently binding upon certain property conditionally zoned MX, Mixed Use District, with conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, Pheasant Ridge Land Investors, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend certain conditions presently binding upon a tract of land on Pheasant Ridge Road, S.W., bearing Official Tax No. 5460129, which property is zoned MX, Mixed Use District, with proffers, such proffers being accepted by City Council with the adoption of Ordinance No. 32815-020596, on February 5, 1996; WHEREAS, Pheasant Ridge Land Investors, LLC, seeks to amend proffers currently binding on the subject property zoned MX, Mixed Use District, with proffers, with such new proffers as set forth in the Second Amended Petition to Amend Proffered Conditions filed in the City Clerk's Office on April 18, 2006; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by s36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; I I I I 323 WHEREAS, a public hearing was held by City Council on such application at its meeting on May 15, 2006, after due and timely notice thereof as required by s36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed 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, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the proffers applicable to the subject property, and is of the opinion that the conditions now binding upon a tract of land containing 4.0862 acres located on Pheasant Ridge Road, S.W., being designated as OfficiaI'Tax No. 5460129, should be amended as requested, and that such property be zoned MX, Mixed Use District, with proffers, as set forth in the Second Amended Petition to Amend Proffered Conditions filed in the City Clerk's Office on April 18, 2006. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the proffered conditions as set forth in the Second Amended Petition to Amend Proffered Conditions filed in the City Clerk's Office on April 18, 2006, so that the subject property is zoned MX, Mixed Use District, with such 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 ~TM-y d ~ Mary F. Parker City Clerk C-v ~~ C. Nelson Harris Mayor 324 IN. THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 15'" day of May, 2006. No. 37406-051506. AN ORDINANCE exempting from personal property taxation certain personal property located in the City of Roanoke and owned by the Commonwealth Coach and Trolley Museum, 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, Commonwealth Coach and Trolley Museum, Inc., (hereinafter "the Applicant"), has petitioned this Council to exempt certain personal property of the Applicant from taxation pursuant to Article X, Section 6(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on May 15, 2006; I 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; and WHEREAS, the Applicant agrees that the personal property to be exempt from taxation is certain personal property, including buses, trolleys and automobiles, which shall be used by the Applicant exclusively for charitable purposes on a non-profit basis. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates Commonwealth Coach and Trolley Museum, Inc., as a charitable organization within the context of Section 6(6) of Article X of the Constitution of Virginia, and hereby exempts from personal property taxation certain personal property, including buses, trolleys and automobiles, owned by the Applicant, which property is used exclusively for charitable purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the personal property in accordance with the purposes which the Applicant has designated in this Ordinance. I I I I 325 2. This Ordinance shall be in full force and effect on July 1, 2006. 3. The City Clerk is directed to forward an attested copy of this Ordinance, to the Commissioner of the Revenue the City Treasurer, and to Beverly T. Fitzpatrick, Jr., President of Commonwealth Coach and Trolley Museum, Inc. 4. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ?\T f p~ Mary F.~er . City Clerk ~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of May, 2006. No. 37407-051506. AN ORDINANCE exempting from real estate property taxation certain property located in the City of Roanoke of Norfolk and Western Historical Society, 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, Norfolk and Western Historical Society, 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; 326 WHEREAS, a public hearing at which all citizens had an opportunity to be I heard with respect to the Applicant's petition was held by Council on May 15, 2006; 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, including the land and any building located thereon, identified by Roanoke City Tax Map No. 1311225, commonly known as 2101 Salem Avenue, S.W., (the "Property"), and owned by the Applicant, 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 I follows: 1. Council classifies and designates Norfolk and Western Historical Society, 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. 1311225, commonly known as 2101 Salem Avenue, S.W., and 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 contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. I I I I 327 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 July 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 Bill McClung, President of Norfolk and Western Historical Society, Inc. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~T~1.fJ~ Mary F. Parker City Clerk t ~~~~ C. Nelson Harris Mayor N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of May, 2006. No. 37408-051506. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of Official Tax Map Nos. 2012715, 2012716 and 2012717 containing 0.1103 acre, 0.0640 acre and 0.0640 acre, respectively, located at the intersection of Wells Avenue, N.W. and Gainsboro Road, NW., to Trent C. Gibson, Ted W. Gibson and Jacquot Corporation, upon certain terms and conditions; and dispensing with the second reading of this ordinance. 328 WHEREAS, a public hearing was held on May 15, 2006, pursuant to I ~915.2-1800(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 to Trent C. Gibson, Ted W. Gibson and Jacquot Corporation by a quitclaim deed of a 0.1103 acre parcel, a 0.0640 acre parcel and a 0.0640 acre parcel of City-owned property, being Official Tax Nos. 20121715,2012716 and 2012717, respectively, located at the intersection of Wells Avenue, N.W. and Gainsboro Road, NW. for the consideration of $6,400.00, upon the terms and conditions set forth in the City Manager's letter to this Council dated May 15, 2006. 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 I ' second reading of this ordinance by title is hereby dispensed with. APPROVED ~."Oj- ~ Mary F. Parker City Clerk e,~~ Mayor I I I I 329 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 2006. No. 37409-060506. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for reimbursement to the Fire Department of hurricane deployment related expenses, 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: General Fund Appropriations Overtime Overtime Training & Development Business Meals & Travel Overtime Administrative Supplies Overtime Program Activities Revenues Hurricane Deployment Reimbursement - VDEM 001-520-3211-1003 001-520-3212-1003 001-520-3212-2044 001-520-3212-2144 001-520-3213-1003 001-520-3213-2030 001-520-3521-1003 001-520-3521-2066 $ 6,950.00 7,883.00 5,000.00 22,717.00 60,377.00 11,545.00 4,467.00 40,000.00 001-110-1234-0704 158,939.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 7\..,4P~ Mary F. Parker City Clerk APPROVED ~.~~ Mayor 330 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 5'h day of June, 2006. No. 37410-060506. AN ORDINANCE amending and reordaining Article III, Public Markets, of Chapter 24, Public BuildinQs and Propertv Generallv. of the Code of the City of Roanoke (1979), as amended, by amending s24-64, OperatinQ Hours, to change the days the Market is available for operation from Monday through Saturday to Sunday through Saturday; providing for an effective date; and dispensing with the second reading of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 24-64, OperatinQ Hours, of Article III, Public Markets, of Chapter 24, Public BuildinQs and Propertv Generallv, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: s24-64. OperatinQ Hours. I The market may be available for operation from 5:00 a.m. to 6:30 p.m. Monday Sunday through Saturday. Days and hours for the operation of the market shall be established by the city manager and set forth in the rules and regulations authorized by section 24-77 below. 2. 2006. This Ordinance shall be in full force and effect on and after July 1, 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 ~T~ -#. (J W-- Mary F. Parker City Clerk c.~~~ C. Nelson Harris Mayor I I I I 331 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5" day of June, 2006. No. 37411-060506. A RESOLUTION providing for an amendment to the fees charged for the use of market spaces at the Roanoke City Market, with such changes to be effective July 1, 2006; and directing amendment of the Fee Compendium. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. As set out in the City Manager's letter to Council dated June 5, 2006, the market space fees for the use of spaces at the Roanoke City Market shall be, and hereby are, amended, effective on July 1, 2006, to provide that the Fees for Daily Permits shall be as follows: DAILY PERMIT: . Sunday through Thursday - $10.00 per space per day. . Friday and Saturday - $15.00 per space per day. The Fees for the other Permits, the Spreading Fee, and the Cleanup Fee referred to in Resolution No. 37263-120505, adopted on December 5, 2005, continue as set forth therein. 2. 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 reflect the new market space fees for the Roanoke City Market as set forth above. APPROVED ~~ t. fl-- Mary F. Parker City Clerk c.~~ C. Nelson Harris Mayor 332 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 2006. No. 37412-060506. AN ORDINANCE to appropriate additional funding from the Commonwealth of Virginia for the Department of Social Services, 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: General Fund Appropriations Refugee Resettlement ADC Foster Care Special Needs Adoption Subsidized Adoption 001-630-5313-3150 001-630-5314-3115 001-630-5314-3130 001-630-5314-3155 $ 5,000.00 200,000.00 100,000.00 50,000.00 Revenues Foster Care Refugee Program 001-110-1234-0675 001-110-1234-0679 350,000.00 5,000.00 Pursuant to the provisions of Section 1 2 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: /J Ilt ~ .J rlN-. ~ C~wrnL C. Nelson Harris Mayor Mary F. Parker City Clerk I I I I I I 333 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5" day of June, 2006. No. 37413-060506. AN ORDINANCE to appropriate additional revenues from the Outreach Detention and Sanctuary programs, 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: General Fund Appropriations Temporary Wages Cellular Telephone Equipment Rental Telephone Program Activities Telephone Electric Gas Housekeeping Equipment Wearing Apparel Program Activities 001-631-3330-1004 001-631-3330-2021 001-631-3330-3070 001-631-3350-2020 001-631-3350-2066 001-631-3360-2020 001-631-3360-2022 001-631-3360-2024 001-631-3360-2032 001-631-3360-2035 001-631-3360-2064 001-631-3360-2066 Revenues Housing Juveniles - Outreach Housing Juveniles - Crisis Interv 001-110-1234-1310 001-110-1234-1311 $ 3,000.00 450.00 3,000.00 2,400.00 1,000.00 3,500.00 1,250.00 3,100.00 2,000.00 1,500.00 650.00 1,000.00 9,850.00 13,000.00 334 Pursuant to the provisions of Section 12 of the City Charter, the second I reading of this ordinance by title is hereby dispensed with. APPROVED A... 1. ~ Mary F. Parker City Clerk c.~#~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 2006. No. 37414-060506. AN ORDINANCE to appropriate funding from the Virginia Department of Emergency Management and insurance proceeds to various department motor fuel accounts and to Facilities Maintenance BCAP and to increase the motor fuel revenue and expenditure budgets in the Fleet Management Fund, amending and reordaining certain sections ofthe 2005-2006 General, Capital Projects, and Fleet Management Funds Appropriations, and dispensing with the second reading by title of this ordinance. I BE IT ORDAINED by the Council of the City of Roanoke that the following sections ofthe 2005-2006 General, Capital Projects, and Fleet Management Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Contingency Motor Fuel and Lubricants - Sheriff Motor Fuel and Lubricants - Jail Motor Fuel and Lubricants - City Manager Motor Fuel and Lubricants - Economic Devl 001-300-1211-2038 001-310-8120-2038 $ 20,092.00 2,300.00 3,000.00 200.00 200.00 001-300-9410-2199 001-140-2140-2038 001-140-3310-2038 I 335 I Motor Fuel and Lubricants - Telecom 001-430-4170-2038 $ 200.00 Motor Fuel and Lubricants - Mgt Svcs 001-440-1617-2038 200.00 Motor Fuel and Lubricants - Custodial 001-440-4220-2038 200.00 Motor Fuel and Lubricants - Bldg Svcs 001-440-4330-2038 2,500.00 Motor Fuel and Lubricants - Fire Admin 001-520-3211-2038 350.00 Motor Fuel and Lubricants - Fire Support 001-520-3212-2038 1,000.00 Motor Fuel and Lubricants - Fire Operations 001-520-3213-2038 11,000.00 Motor Fuel and Lubricants - Fire Airport 001-520-3214-2038 200.00 Motor Fuel and Lubricants - EMS 001-520-3521-2038 600.00 Motor Fuel and Lubricants - Dir Public Wks 001-530-1280-2038 200.00 Motor Fuel and Lubricants - I Streets 001-530-4110-2038 8,900.00 Motor Fuel and Lubricants - Traffic Engr 001-530-4160-2038 2,300.00 Motor Fuel and Lubricants - Solid Waste 001-530-4210-2038 22,500.00 Motor Fuel and Lubricants - Engineering 001-530-4310-2038 750.00 Motor Fuel and Lubricants - Bldg Inspect 001-610-3410-2038 750.00 Motor Fuel and Lubricants - Planning 001-610-8110-2038 200.00 Motor Fuel and Lubricants - Housing Svcs 001-615-8113-2038 550.00 Motor Fuel and Lubricants - Parks 001-620-4340-2038 8,000.00 Motor Fuel and Lubricants - Recreation 001-620-7110-2038 400.00 Motor Fuel and Lubricants - Rec Admin 001-620-7111-2038 200.00 Motor Fuel and Lubricants - Social Services 001-630-5314-2038 1,200.00 I 336 Motor Fuel and Lubricants - I Youth Haven 001-631-3350-2038 $ 200.00 Motor Fuel and Lubricants - Crisis Interv 001-631-3360-2038 200.00 Motor Fuel and Lubricants - Police Admin . , . 001-640-3111-2038 400.00 Motor Fuel and Lubricants - Police Investigate 001-640-3112-2038 3,000.00 Motor Fuel and Lubricants - Police Patrol 001-640-3113-2038 21,200.00 Motor Fuel and Lubricants - Police Svcs 001-640-3114-2038 200.00 Motor Fuel and Lubricants - Police Training 001-640-3115-2038 750.00 Motor Fuel and Lubricants - Animal Ctr! 001-640-3530-2038 1,300.00 Motor Fuel and Lubricants - Libraries 001-650-7310-2038 200.00 Motor Fuel and Lubricants - Environmental 001-660-1214-2038 200.00 I Revenue VDEM Reimbursement 001-110-1234-0664 115,642.00 Capital Proiects Fund Appropriations Facilities Management BCAP 008-440-9854-9003 50,168.00 Revenue Insurance Recoveries 008-110-1234-0717 50,168.00 Fleet ManaQement Fund Appropriations Motor Fuel/Lube Purchases 017-440-2641-3013 100,000.00 Revenue Billings for Motor Fuel and Lube 017-110-1234-1279 100,000.00 I I I I 337 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: 0 1 '-1 :f r A;~~J" Mary F. Parker City Clerk e.~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 2006. No. 37415-060506. A RESOLUTION authorizing and accepting the donation of certain motor vehicles for the use by the City and authorizing the City Manager to enter into agreements between the City and the owners of the motor vehicles. WHEREAS, several automotive dealers have been gracious enough to donate the use of motor vehicles to the City at a cost of either one dollar per year or one dollar per month; WHEREAS, the citizens of the City of Roanoke have benefited from these gracious donations over the years; WHEREAS, City Council desires to accept donations of this nature in the future; and WHEREAS, City Council desires to authorize the City Manager to execute vehicle lease agreements, as approved as to form by the City Attorney, to lease vehicles to the City at a one dollar per year or one dollar per month lease rate. 338 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as I follows: I. Pursuant to Section 2-263 of the Code of the City of Roanoke (1979), as amended, City Council does hereby accept the donation of the use of one Mitsubishi Galant LS vehicle from Sarmadi and Harper, Inc., d/b/a Dave Sarmadi Mitsubishi, at a lease rate of one dollar per month and one dollar per year, respectively. 2. The City Manager is authorized to accept this type of donation in the future and to execute vehicle lease agreements, as approved as to form by the City Attorney, with any auto dealer who will lease vehicles to the City at a lease rate of one dollar per month or one dollar per year on a year-by-year basis. APPROVED A^~i~ Mary F. Parker City Clerk e:~~ C. Nelson Harris Mayor I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5'" day of June, 2006. No. 37416-060506. 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., (Freight Car) has expressed its intent and desire to the City of Roanoke to expand its industrial operations in the City of. Roanoke; I I I I 339 WHEREAS; FreightCar and its operations will require additional rail access for such operations; WHEREAS, the officials of FreightCar 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 expanding must provide a resolution supporting such application; and WHEREAS, Council wishes to indicate the City's support for FreightCar's 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 for up to $450,000 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 for the purpose of expanding FreightCar's facility in the City. 2. The City Manager is hereby authorized to execute and file on behalf of the City any and all appropriate documents required in connection with supporting the application to be filed by FreightCar for FreightCar to receive Industrial Access Railroad Track Funds from the Commonwealth of Virginia in an amount up to $450,000, 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 June 5, 2006. APPROVED A~ ;.f2-- Mary F. Parker City Clerk e.Utl#~ C. Nelson Harris Mayor 340 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 5" day of June, 2006. No. 37417-060506. 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 ofthe State Code; and I 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: 1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in the City Clerk's Office, consisting of Chapters 1 through 36.2, 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. I I I I 341 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 the 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 n~1.f~ Mary F. Parker City Clerk L C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 2006. No. 37418-060506. AN ORDINANCE authorizing the Mayor to execute a Deed of Release dated May 26, 2006, between Virginia Holding Corporation and the City of Roanoke; and dispensing with the second reading by title of this ordinance. 342 WHEREAS, by Deed of Release dated May 26, 2006, Virginia Holding I Corporation released to and for the benefit of the City the condition and covenants contained in the deed dated March 15, 1941, requiring the City to improve the property described in such deed for a stadium, and to maintain a stadium on the property; provided that the City shall continue to use the property for armory, park and recreational uses. THEREFORE, BE IT ORDAINED by the Council for the City of Roanoke as follows: 1. The Mayor and the City Clerk are authorized for and on behalf the City to execute and attest, respectively, the Deed of Release dated May 26, 2006. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED , . n;~ !. L Mary F. Parker City Clerk ~~1JJk~ C. Nelson Harris. Mayor I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37419-061906. A RESOLUTION paying tribute to the Honorable M. Rupert Cutler, and expressing to him the appreciation of the City and its people for his exemplary public service. WHEREAS, Dr. Cutler was born in Detroit, Michigan, and educated at the University of Michigan, and received his masters degree and doctorate from Michigan State University; I I I I . . , . "': C h: " ~.>~ ...,:. i!I.. .' 343 WHEREAS, Dr. Cutler retired in 1999 following a 45-year career in journalism, environmental policy, and natural resources public administration. From 1991 to 1997 he was executive director of Virginia's Explore Park; WHEREAS, Dr. Cutler has been actively involved in the community, serving as president of the Kiwanis Club of Roanoke, member of the board of directors of the Western Virginia Land Trust, and active with Blue Ridge Public Television, the League of Older Americans, and the Harrison Museum of African American Culture; WHEREAS, in the spring of 2002, Dr. Cutler was appointed by Governor Mark Warner to serve as a member of the Board of Trustees of the Virginia Outdoors Foundation; WHEREAS, Dr. Cutler was elected to City Council in 2002; and WHEREAS, during his time on City Council Dr. Cutler served as chair of the Audit Committee, as a member of the board of directors of the Greater Roanoke Transit Company, member of the Legislative Committee and Personnel Committees, a member of the Roanoke Valley - Alleghany Regional Commission and the Roanoke Valley Area Metropolitan Planning Organization, as president of the board of directors of the Western Virginia Water Authority, and as a member of the Virginia Municipal League - Environmental Quality Policy Committee, and the National League of Cities Energy Environment and Natural Resources Policy and Advocacy Committee. 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 the many services rendered to the City of Roanoke and its people by the Honorable M. Rupert Cutler. 2. The City Clerk is directed to forward an attested copy of this Resolution to the Honorable M. Rupert Cutler. APPROVED ~'^o ~ ~ \ fLJ~. ~ Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor 344 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19'" day of June, 2006. No. 37420-061906. A RESOLUTION paying tribute to the Honorable Brenda L. McDaniel, and expressing to her the appreciation of the City and its people for her exemplary public service. WHEREAS, Ms. McDaniel is currently the Executive Director of Alumnae and Donor Relations at Hollins University; WHEREAS, Ms. McDaniel has been actively involved in the community, serving as Co-Chair of the Roanoke Zoning Ordinance Steering Committee; Co- Chair of the Vision 2001-2020 Citizens Advisory Committee; President of the Roanoke Public Library Board; President of the Greater Raleigh Court Civic League; Roanoke Valley Chamber Music Society; recipient of the Julian King Award for outstanding leadership and involvement presented by the Roanoke Neighborhood Partnership in 2000; and recipient of 15 press awards for writing and editing; WHEREAS, Ms. McDaniel was appointed to City Council in July 2004, to fill I the unexpired term of Beverly T. Fitzpatrick, Jr.; and WHEREAS, during her time on City Council, Ms. McDaniel served on the Audit Committee, board of directors for Greater Roanoke Transit Company, Legislative Committee, Personnel Committee, and the Roanoke Valley Alleghany Regional Commission. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable Brenda L. McDaniel. I I I I ......,:.:: I." .,\ " - 345 ':,;;,i 2. The City Clerk is directed to forward an attested copy of this resolution to the Honorable Brenda L. McDaniel. APPROVED A~;~ Mary F. Parker City Clerk ~1 ..) Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of June, 2006. No. 37421-061906. A RESOLUTION memorializing the late A. Victor (Vic) Thomas, a native of Roanoke and longtime delegate to the Virginia General Assembly. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Thomas on Wednesday, April 26, 2006; WHEREAS, Mr. Thomas, the grandson of Lebanese immigrants, was a native of Roanoke and graduated from Jefferson High School; WHEREAS, during his service with the United States Army from 1947- 1948, Mr. Thomas was assigned to the Panama Canal Zone; WHEREAS, Mr. Thomas was owner and operator of E. J. Thomas Market in Roanoke for 52 years; WHEREAS, Mr. Thomas was active in the Roanoke community through St. Andrews Catholic Church, the Roanoke Regional Chamber of Commerce, the Civitan Club, the American Legion, and Woodmen of the World; WHEREAS, Mr. Thomas was first elected to the Virginia House of Delegates in 1973, representing the 17'" House District, which includes the counties of Botetourt and Roanoke, and the city of Roanoke; 346 WHEREAS, as a Delegate, Mr. Thomas served on the Conservation and Natural Resources Committee (chair 1980-2001), the Appropriations Committee, the Militia and Police Committee, the Rules Committee, the Privileges and Elections Committee, and as a House Budget conferee in 2002 and 2003; WHEREAS, Mr. Thomas was instrumental in the passage of legislation that addressed funding for the Department of Game and Inland Fisheries to benefit wildlife-related recreational opportunities for hunters, anglers, and wildlife enthusiasts; WHEREAS, over the years, Mr. Thomas played a monumental role in helping to conserve and protect Virginia's rich hunting and fishing heritage for all sportsmen and women across the Old Dominion; WHEREAS, throughout his legislative career, Mr. Thomas was a strong supporter of Roanoke institutions, including the Roanoke Valley Graduate Center and the Roanoke Higher Education Center, Center in the Square and its museums, the Virginia Transportation Museum, Mill Mountain Zoo, and the Roanoke Valley Greenways; WHEREAS, Mr. Thomas retired from the General Assembly after the 2003 session after 30 years of service and, at the time of his retirement, was senior Democrat in the House; WHEREAS, in 2003, Mr. Thomas closed the E. .j. Thomas Market on Orange Avenue and entered full retirement. 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 A. Victor (Vic) Thomas, and extends to his family its sincerest condolences. . I I I !....'i..;.... :', .! j . ' . '" : ~ :'" .:. ",,'j:.; . '. " ~, ,:~.I~. : 347 I 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Thomas's widow, Dorothy (Dot) Lucas Thomas, of Roanoke, Virginia. APPROVED ~s~ j~ Mary F. Parker City Clerk ~~t~J Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37422-061906. I 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 2006-2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations RRHA Park Square Street (Project) 35-090-5312-5428 $ 3,794.00 RRHA Park Square Street (Project) 35-090-5313-5428 77,098.00 Unprogrammed Funds 05-06 35-090-5313-5482 (72,515.00) Mortgage Assistance Program 35-090-5313-5399 85,000.00 RRHA Park Street Square (Project) 35-090-5364-5428 369,108.00 RRHA Project GOLD (Admin) 35-090-5364-5453 30,000.00 RRHA Project GOLD (Project) 35-090-5364-5454 123,722.00 Unprogrammed Funds 06-07 35-090-5364-5482 9,377.00 BRHDC Officer at Home I (Project) 35-090-5364-5510 31,207.00 BRHDC Officer at Home (Admin) 35-090-5364-5511 29,793.00 348 BRHDC Officer at Home (CHDO I Project) 35-090-5364-5512 $102,073.00 BRHDC Officer at Home (CHDO Operating) 35-090-5364-5513 10,207.00 E5G - TRUST 35-E07-5177-5251 38,770.00 ESG - TAP Transitional Living Center 35-E07-5177-5253 24,850.00 ESG - Roanoke Valley Interfaith Hospitality Network 35-E07-5177-5254 17,334.00 Hotel Roanoke 108 3 5-G04-0430-5 135 290.00 Hotel Roanoke 108 3 5-G05-05 30-5135 17,414.00 Unprogrammed CDBG Carryover 3 5-G05-0540-51 84 (8,000.00) Hotel Roanoke 108 3 5-G06-0630-51 35 335,296.00 Unprogrammed CDBG Section 108 Loan 35-G06-0640-5188 12,564.00 Empowering Individuals with Disabilities 3 5-G07-0720-505 7 52,500.00 Demolition 3 5-G07-0720-51 08 135,000.00 Officer at Home 35-G07-0720-5368 25,402.00 Derelict Structures (Project) 35-G07-0720-5397 175,000.00 Mortgage Assistance Program 35-G07-0720-5399 55,000.00 I Individual Development Account 35-G07-0720-5412 33,006.00 Dernolition/BRHDC (Project) 35-G07-0720-5420 14,000.00 Demolition/BRHDC (Delivery) 35-G07-0720-5421 6,000.00 Park Street Square/RRHA (Project) 35-G07-0720-5428 250,000.00 RRHA Project GOLD (Delivery) 35 -G 0 7 -0720- 5 4 3 0 182,100.00 Officer at Home Delivery 35-G07-0720-5431 28,006.00 Special Needs Program/RRHA (Project) 35-G07-0720-5432 175,000.00 Special Needs Program/RRHA (Delivery) 35-G07-0720-5433 75,000.00 RRHA Project GOLD (Project) 35-G07-0720-5454 271,178.00 Lead Based Paint Match 35-G07-0720-5461 65,000.00 Emergency Home Repair -TAP (Project) 35-G07-0720-5470 55,885.00 Emergency Home Repair - TAP (Delivery) 35-G07-0720-5483 24,115.00 Derelict Structures (Delivery) 35-G07-0720-5497 75,000.00 Multi-Housing Crime Prevention I Partnership 3 5-G07-0720-5 500 60,000.00 Rebuilding Neighborhoods 3 5-G07-0720-5 50 1 25,000.00 : ~ '\.' .~....~: '1'. . ;i/ ", . 0 . ... . or; ,. . . '." '. i, ....,~ . ~i 349 I Fair Housing 35-G07-0721-5284 $ 5,000.00 Historic Review Services 35-G07-0721-5403 10,000.00 Ten Year Plan to Eliminate Homelessness 35-G07-0721-5473 6,655.00 Hotel Roanoke 108 35-G07-0730-5135 99,790.00 Old Southwest, Inc. - NDG 3 5-G07-073 7-5028 15,000.00 Loudon/Melrose - NDG 3 5-G07-073 7-5245 14,000.00 Melrose/Rugby Neighborhood Forum - NDG 35-G07-0737-5410 3,000.00 Fairland - NDG .35-G07-0737-5440 1,000.00 Kuumba - Facility Expansion 35-G07-073 7-5475 41,875.00 SWVA Second Harvest Food Bank 3 5-G07-073 7-5 502 84,296.00 Apple Ridge Farms 35-G07-0738-5084 23,450.00 West End Center 35-G07-0738-5160 26,400.00 Girl Scouting in Public Housing 3 5-G07-07 38-5269 24,000.00 Presbyterian Family Services/Pathways 3 5-G07-0738-5 3 72 9,900.00 RESOURCE-ful Elder Care 35-G07-0738-5443 13,850.00 School-Age After School Therapeutic 35-G07-0738-5444 13,119.00 I Women's Resource Center - TAP 35-G07-0738-5445 13,027.00 SWVA Second Harvest Kid's Cafe 3 5-G07-0738-5 503 28,824.00 Court Advocacy Services - CASA 35-G07-0738-5504 38,500.00 Kuumba - Health Promotion 3 5-G07-0738-5 505 42,274.00 Saint John's CYP 3 5-G07-0738-5 506 38,370.00 Revenues HOME Program Income 04-05 35-090-5312-5313 3,794.00 HOME Program Income 05-06 35-090-5313-5315 89,583.00 HOME Entitlement 06-07 35-090-5364-5364 680,487.00 HOME Program Income 06-07 35-090-5364-5365 25,000.00 E5G Entitlement 06-07 3 5-E07-5 177-5196 80,954.00 Hotel Roanoke Section 108 Repayment 35-G04-0400-2434 290.00 Hotel Roanoke Section 108 Repayment 3 5-G05-0500-2 534 9,414.00 Hotel Roanoke Section 108 Repayment 35-G06-0600-2634 347,860.00 CDBG Entitlement 35-G07-0700-2701 1,904,091.00 Lease Payment - Cooper I Industries 35-G07-0700-2706 13,333.00 Sands Woody Loan Repayment 35-G07-0700-2717 6,722.00 TAP-5RO Loan Repayments 3 5-G07-0700-2 720 5,618.00 350 Home Ownership Assistance Hotel Roanoke Section 108 Repayment Rental Rehab Repayment 35-G07-0700-2722 35-G07-0700-2734 35-G07-0700-2740 $ 4,500.00 399,758.00 500.00 I Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~~ J!Z-u Mary F. Parker City Clerk (11 Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37423-061906. I A RESOLUTION accepting the Fiscal Year 2005-2006 funds for the Community Development Block Grant program, the HOME Investment Partnerships program, and the Emergency Shelter Grant program, and authorizing the City Manager to execute the requisite Grant Agreements with the United States Department of Housing and Urban Development. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fiscal Year 2006-2007 funds for the Community Development Block Grant (CDBG) program, Home Investment Partnerships program (HOME), and the Emergency Shelton Grant (ESG) programs are hereby ACCEPTED, upon receipt of approval letters from the United States Department and Urban Development (HUD). I I I I 351 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreements with HUD for such funds, the Funding Approvals, and any and all understandings, assurances, documents and forms relating thereto, approved' as to form by the City Attorney, all of which is more particularly set out in the City Manager's letter dated June 19, 2006, to City Council. APPROVED ~) ~ 7;;~ JL Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37424-061906. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for a Certified Local Government 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: General Fund Appropriations Contingency Transfer to Grant Fund 001-300-9410-2199 001-250-9310-9535 $ (10,000.00) 10,000.00 352 Grant Fund Appropriations Professional Services Revenues Certified Local Government Grant-State Certified Local Government Grant-Local 035-310-8128-2010 $ 20,000.00 035-310-8128-8128 10,000.00 10,000.00 035-310-8128-8129 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~. ~.'If lL Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 19'h day of June, 2006. No. 37425-061906. A RESOLUTION authorizing the acceptance of a Certified Local Government Grant from the Virginia Department of Historic Resources and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Historic Resources a Certified Local Government Grant in the amount of $10,000.00, with the City providing an additional $10,000.00 in local matching funds, such funding to be used to develop a new set of Architectural Review Guidelines used by the Architectural Review Board, all of which is more particularly described in the City Manager's letter dated June 19, 2006, to City Council. I I I I I I 353 2. The City Manager is hereby authorized to execute, on behalf of the City the Certified Local Government Grant Agreement attached to the City Manager's letter dated June 19, 2006, to City Council, and any other documents required by the Department of Historic Resources pertaining to the Certified Local Government 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 Historic Resources in connection with the grant. APPROVED &~ ~<o J ~ Mary F. Parker City Clerk J Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of June, 2006. No. 37426-061906. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Southwest Virginia Regional Employment Coalition 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 Fees for Professional Services 035-630-8857-2010 $385,084.00 Revenues SWVA Regional Employment Coalition FY06 035-630-8857-8857 385,084.00 354 Pursuant to the provisions of Section 12 of the City Charter, the second .1 reading of this ordinance by title is hereby dispensed with. APPROVED {tg~. f /\"'0 -J~ Mary. F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of June, 2006. No. 37427-061906. A RESOLUTION authorizing the acceptance of an Employee Advancement for T ANF Participant grant under the Temporary Assistance to Needy Families (TANF) Project from the Virginia Department of Social Services for the purpose I 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 the primary 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 Employee Advancement for TANF Participant grant 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 $385,084.00, for a period commencing June 1, 2006, through May 31, 2007, and for an additional six months should additional funding become available, as set forth in the City Manager's letter to Council dated June 19, 2006, is hereby ACCEPTED. I I I I 355 2. The City of Roanoke shall be authorized to be the primary fiscal agent for this grant and shall be responsible for distributing the grant proceeds to the Southwest Virginia Regional Employment Coalition which consists of the City of Roanoke, Roanoke County, Franklin County, Craig County and Botetourt County, along with Total Action Against Poverty, Blue Ridge Behavioral Healthcare and Goodwjlllndustries of the Valleys. 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 connection with the City's acceptance of these grant funds. All documents shall be approved as to form by the City Attorney. APPROVED /iST: /{ I I'\~ -1 ~ ~b~~ Mary. F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of June, 2006. No. 37428-061906. AN ORDINANCE to appropriate funding for mobile data terminals through the 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: 356 Grant Fund Appropriations Expendable Equipment <$5,000 Revenues Mobile Data Terminal Grant FY06 035-640-3458-2035 $ 67,273.00 035-640- 3458-3458 67,273.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~~' -J ~ Mary F. Parker City Clerk ~1 Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37429-061906. A RESOLUTION accepting the Mobile Data Terminal grant to the City from the Office of Justice Programs and the Edward Byrne Memorial Justice Assistance Grant, 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 a Mobile Date Terminal grant in the amount of $67,273.00 upon all the terms, provisions and conditions relating to the receipt of such funds all as is more particularly described in the letter of the City Manager to Council, dated June 19, 2006. I I I I I I 357 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. 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 7J;~ JL Mary F. Parker City Clerk GJ t --' Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of June, 2006. No. 37430-061906. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Interoperable Communications 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 Furniture & Equipment >$5,000.00 Revenue Security Interoperable Communication 035-430-3463-9005 $73,584.00 035-430-3463-3463 73,584.00 358 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. I APPROVED Mary F. Parker City Clerk GJy .J Beverly T. Fitzpatrick, Jr. Vice-Mayor A<; f fL- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37431-061906. A RESOLUTION authorizing the acceptance of a grant from the I Commonwealth of Virginia State Interoperability Executive Committee to be used to purchase 38 Motorola XTS2500 handhelds for issuance to first responders; and authorizing the execution of the necessary documents, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Commonwealth of Virginia Interoperable Communications Grant, in the amount of $73,584.00, to be used for the purchase of 38 Motorola XTS2500 handhelds for issuance to first responders, and as more particularly set forth in the June 19, 2006, letter of the City Manager to this Council. I I I I 359 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 ~~1~ Mary. F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37432-061906. AN ORDINANCE authorizing the City Manager to take appropriate action to acquire certain real estate and interests in real estate needed by the City for the construction and development of Phase II of the Roanoke River Flood Reduction Project; authorizing the City Manager to establish the consideration to be offered by the City for each parcel; authorizing the acquisition of such property by condemnation if a voluntary purchase cannot be obtained; authorizing the City Attorney to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the development of the Project; authorizing the inclusion of any required City owned real estate in such Project: authorizing access to the property by the United States Army Corps of Engineers; and dispensing with the second reading of this ordinance by title. WHEREAS, the Roanoke River Flood Reduction Project ("Project") was approved by a voter referendum in 1989 which required the City to acquire certain necessary property rights; WHEREAS, authorization to acquire certain property rights for the Project was granted by Council by Ordinance Nos. 29733-091189, 35713-012202, and 34629-010400; WHEREAS, certain real estate and interests in real estate are now needed for Phase II of the Project,. some parcels of which were not included in the previous ordinances; 360 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as I follows: 1. For the construction, implementation, and maintenance of Phase II of the Roanoke River Flood Reduction Project, a needed public improvement including channel widening, construction of protective dikes or berms, flood proofing of certain buildings, replacement of certain bridges, construction of a trail, and flood warning system, serving public purposes for the protection and preservation of the health, property and welfare of the citizens of Roanoke, the City wants and needs certain real estate interests, including fee simple interests and perpetual easements, together with temporary construction easements and rights of ingress and egress, on the properties described and listed in an attachment to the letter of the City Manager to this Council dated June 19, 2006, incorporated by reference herein. The proper City officials are authorized to take such, action in order to accomplish the acquisition of the additional property rights, with appropriate ancillary rights with respect to the property needed for such consideration as the City Manager may deem appropriate, subject to applicable regulatory and statutory guidelines. 2. The City Manager is directed on behalf of the City to offer the landowners of each of the parcels or interests referenced above such consideration for the property rights as deemed appropriate. Upon the acceptance of an offer and upon delivery to the City of deeds, approved as to I 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. 3. Should the City be unable to agree with the landowner as to the compensation to be paid for acquisition of such real estate and interests in real estate, or other terms of purchase or settlement, or should the owners be persons under a disability lacking capacity to convey such real estate and interests in real estate, or should the whereabouts of the owners be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate real estate and interests in real estate. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for a right of entry pursuant to Section 25.1-223 et. seq.; of the Code of Virginia (1950), as amended, 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 appropriate sums in connection with such proceedings. I I I I "~ '1 ,; ~ ;. ~ .....'T.;.~ :;\r'~; : ,:i: \'~," '.....,,_. " '.;; .... . ,',,' "i , , ..... ',;. 361 i,., " ~',' " 5. The City Manager and City Clerk are authorized to execute, seal and attest, respectively, in form approved by the City Attorney, appropriate documentation evidencing the City's consent to inclusion of City-owned property in the Project as identified in the letter of the City Manager dated June 19, 2006, and its attachment. 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 ~~jL Mary F. Parker City Clerk ~~. oJ Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37433-061906. AN ORDINANCE authorizing the City Manager to take appropriate action to acquire certain property consisting of Official Tax Map No. 1221301 and a portion of Official Tax Map No. 1221406 for the development of open space, park, and recreational purposes: authorizing the acquisition of such property by condemnation if a voluntary purchase cannot be obtained; authorizing the City Manager to establish the consideration to be offered by the City for such parcels; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council hereby authorizes the City Manager to take such action as may be necessary in order to accomplish the acquisition of property consisting of a portion of Official Tax Map No. 1221406 and the entirety of Official Tax Map No. 1221301, located at the Hannah Mobile Home Court Park, for the development of open space, park, and recreational purposes, as set forth in the City Manager's letter to this Council dated June 19, 2006. 362 I 2. The City Manager is directed on behalf of the City to offer the landowner such consideration for the property as deemed appropriate. 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. 3. Should the City be unable to agree with the landowner as to the compensation to be paid for acquisition of such property or should the owners be persons under a disability lacking capacity to convey such property rights, or should the whereabouts of the owners 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 a right of entry pursuant to Section 25.1-223 et. seq.; of the Code of Virginia (1950), as amended, for the purpose of commencing the project. The Director of Finance, I upon request of the City Attorney, shall be authorized and directed to draw and pay into court the appropriate sums in connection with such proceedings. 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: ~ i'>)~ i -- Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor I I I I ";', IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37434-061906. 363 AN ORDINANCE amending and reordaining 920-127, Notice of Violation, of Article VI, KeepinQ of Inoperable Motor V~_hicles, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended; 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. Section 20-127, Notice of Violation, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 920-127. Notice of Violation. * * * (4) State that any ownEr of -stich inopErable 'vehicle or propert.y upon '.,hk-h-s'uch-inopel able vehicle is located l11a'y' inf-ormall'y' appeal the city l11allager's decision-that-the vehicle is in 'violation of this article by filing a r,otice of appeal wit-h-the--eity-manager. Advise that within seven (7) days of the posting of the notice on the property, the owner may appeal to the city manager stating in detail the reasons why the proposed action should not be taken. * * * b. Such notice may be mailed by United States Postal Service mail, postage prepaid, certified mail, return receipt requested, addressed to the owner as set forth in the records of the department of real estate valuation for the city. Notice shall be deemed to have been received given when posted on the property_ reeeh,ed ill person--or upon receipt-o-f---a c-ertif-ied-l e tt e r. 364 0) In the event that a notice c-annot--be-delivered for any-reas-on to the pi operty-owner in the manner set f-orth above,-the--cit'y" manager shall c-atl5'e'the-ntffiee to be publishe.d once in a ne.vspaper of genefftl circulation in the city. Notice shall be deemed to have-been recej'"ed the day of such publication. 2. 2006. This ordinance shall be in full force and effect on and after July 1, 3. Pursuant to Section 12, Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED A"^) J. ~ ~6 Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37435-061906. AN ORDINANCE amending and reordaining 920-129, Disposal of h1,n<;jQimed inQperable motor vehicles, of Article VI, KeepinQ of Inoperable Motor yel::!icles, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended; 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. Section 20-129, Disposal of unclaimed inoperable motor vehicles, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: I I I I I I 1",1':" 365 ~20-129. Disposal of unclaimed inoperable motor vehicles. (a) Whenever the city manager causes the removal of any inoperable vehicle to an impoundment lot, additional notice of such action shall be given tft accordanc-e-with section 20 127, exeept that no notice I,fed be pcS't-ed--on the subject property through the United States Postal Service by certified mail, return receipt requested, in writing as soon as possible, but in no event more than five (5) business days after the removal of the inoperable vehicle, to the owner of the subject property and, if different, the owner of record of the inoperable vehicle that has been taken into custody. The notice shall: i,- 1.- * 2. 2006. This ordinance shall be in full force and effect on and after July 1, 3. Pursuant to Section 12; Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED f5\~ -J. ~ Mary F. Parker City Clerk ~j ) Beverly T. Fitzpatrick, Jr. Vice-Mayor 366 The 19'" day of June, 2006. I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, No. 37436-061906. AN ORDINANCE amending and reordaining 933-20, Notice of removal of weeds: p~eabatement hearing, of Article II, We.ed and Trash Abatement, of Chapter 33, y'gge~lition and Trash, Code of the City of Roanoke (1979), as amended; 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. Section 33-20, Notice of __removal of weeds, of Chapter 33, VeQetation and Trash, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 933-20. Notice of removal of weeds. (a) Notwithstanding the criminal sanctions provided for elsewhere in this Code, and in addition to them, whenever the city manager determines that a public nuisance exists with respect to any parcel, the city manager shall post a notice of violation on the property and either shall serve the owner of the property with personal service a notice of violation or shall mail notice by United States pPostal-sService cErtifiEd mail, postage prepaid, to the owner of the parcel at the owner's address, as determined from public records., Any written notice provided under this section shall state that that there exists a public nuisance with respect to the flarcel owner's property and demand the abatement of the nuisance within seven (7) days following the mailing posting of the notice on the property. Such notice, when posted on the property and either served in person or s-o addressed and deposited with the postal service I I I I I . 'f. 367 with proper postage prepaid, shall be deemed complete and sufficient. In the e'y'ent that such notice is return~d by the postal autharities or if the owner's aeldr-es~ is ul,knO'oildl, the city manager shall cause a .copy of the notice to be posted in a cor.spicuous place on-the-parcel. The pos,ting shall be accomplis-hed at least seven (7) days prior to abatement of th~--public nuisance with re5-pect to t-h-at--f)a ~t: * * * (6) Advise that within seven (7) days of the eertified mailing posting of the notice on the property Of jWstiflg, ~yhi(he'y'er is applicable, the owner may appeal to the city manager stating in detail the reasons why the proposed action should not be taken. * *' * 2. 2006. This ordinance shall be in full force and effect on and after July 1, 3. Pursuant to Section 12, Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ~ ~~1L Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor 368 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19'" day of June, 2006. No. 37437-061906. AN ORDINANCE amending and reordaining 96-22, Definitions, and Division 3, Q~_n.gerous and Vicio-'J.!;_OQg~, of Article II, DOQS Generallv, of Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended; 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. Section 6-22, Definitions, of Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 96-22. Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: I * ok * Dangerous dog: Any canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat, or killed a companion animal that is a dog or cat_~ hHowever, when a dog attacks or bites another dog a companion animal that is a dog or cat, the attacking or biting dog shall not be deemed dangerous (l) if no serious physical injury as determined by a licensed veterinarian has occurred to the other-dog dog or cat as a result of the attack or bite Of (2) if both ~ animals are owned by the same person:, (3) if such attack occurs on the property of the attacking or biting dog's owner or custodian, or (4) for othergood cause as determined I I I I .,:.,' 369 by the court. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on anothel dog a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. *" *" 1.- Vicious dog: Aft'{ canine or canine crossbreed that has (1) killed a person; (2) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (3) continued to exhibit the behavior that resulted in a previous finding by a court, or on or before July 1, 2006, by an animal control officer, rendered in accordance with this article that the animal is a dangerous dog, provided that its owner has been given notice of that finding. '/iciOl>S dog. An'y' canine-cr-canille crossbreed '...-hfeh has (1) killed a person; (2) i-nfHcted serious il,jury to a--persOfl, including multiple bites, serious disfigul ell1ent, serious impairment of health, or s-erffius impairment of a bodiiy- function; or (3) continued to exhibit the-beha"ior "hich resulted in a previous-'finding, I endered in accordaIKE-with-this article that the animal is a dangffeus dog, fjrovided thaHts-oV\,nu has been given noti{;-e--of-that findilig. .. .. .. 2. Division 3, DanQerous and Vicious DOQs, of Article II, DOQS Generallv, of Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 9 6-50. .Q.QIJ.9!;'S.o_~_S_99-9.{~. Any animal control officer or law-enforcement officer who has reason to believe that a canine or canine crossbreed is a dangerous dog, as defined in this chapter, shall apply to a magistrate of the City for the issuance of a summons requiring the owner or custodian, if known, to appear before the general 370 district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. In the event that a law- enforcement officer successfully makes an application for the issuance of a summons, that law- enforcement officer shall contact the local animal control officer and inform the animal control officer of the location of the dog and the relevant facts pertaining to the law-enforcement officer's belief that the dog is dangerous. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, An animal control officer may tre~frnine;- after-investigation, whether-h.a -.dog-1s--a dallgerous dog. If -thc animal cOlltrol officer detenYlines that a dog is a dangerous dog, he l1'",ay order the animal's owner to shall comply with the provisions of this division, and the animal control officer or the owner if directed by the animal control officer, shall confine the dog until such time as (a) the owner complies with the conditions of. this chapter or (b) the court determines that the dog is not a dangerous dog. if the animal's O'vlincr disagrees '..-it" the anim-at---c-cntrol vfHc-er's determillation that the dog is-a-d-a-flgefflttrdcg;-the owner-rn-ay;--within--ten '(lO)--days of Ilot1fieat1on; appeal the determination to the general district eourt-..for'--a.tri-al'-on-"'lhe--me-rits-:- The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in Article 4, Chapter 1 5 of Title 19.2 of the Code of Virginia. The City shall be required to prove its case beyond a reasonable doubt. I I I I 96-50.1.Vicious dOQs. I Any animal control officer or law-enforcement officer who has reason to believe that a canine or canine crossbreed is a vicious dog, as defined in this chapter, shall apply to a magistrate of the jttrisdiction City for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. In the event that a law-enforcement officer successfully makes an application for the issuance of a summons, that law-enforcement officer shall contact the local animal control officer and inform the animal control officer of the location of the dog and the relevant facts pertaining to the law- enforcement officer's belief that the dog is vicious. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of Code of Virginia, 9 3.1-796.119. The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in Article 4, Chapter 15 of Title 19.2 of the Code of Virginia. The City shall be required to prove its case beyond a reasonable doubt. I 371 372 96-51. g~Qistration of danQerous dOQ. I (a) The owner of any animal found to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog registration certificate from the mea!-eity treasurer for a fee of fifty dollars ($ 50.00) in addition to other fees that may be authorized by law. The local city treasurer shall also provide the owner with a uniformly designed tag which identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this paragraph shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained. The animal control officer shalf provide a copy of the dangerous dog . registration certificate and verification of compliance to the State Veterinarian. (b) All certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen years of age or older who present satisfactory evidence (i) of the animal's current rabies vaccination, if applicable, Oi) that the animal has been neutered or spayed, (iii) that appropriate liability insurance has been obtained as required in section 6-52, and (Hf iv) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that (i) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property, a-rtd Oi) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation:, and (iii) the owner has met the requirements of Section 6-52(d), I I !! ..~.':~ I (c) All certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen years of age or older who present satisfactory evidence that the animal has been neutered or spayed. 96-52. KeepinQ of danQerous dOQs; conditions. (a) While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal. I (b) If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this division. (c) After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, notify the local animal control authority if the animal (i) is loose or unconfined; (ij) bites a person or attacks another animal; (iij) is sold, given away, or dies; or (iv) has been moved to a different address. I (d) The owner of any dangerous dog shall procure and maintain liability insurance in the amount of not less than one hundred thousand dollars ($100,000.00) that covers animal bites insuring the owner for any injury or damage caused by such a dog. The owner shall maintain a valid policy and certificate of insurance issued by the insurance carrier or agent as to the coverage required by the subsection at the premises where the dog is kept and shall, upon request, display such policy and 373 374 certificate to any animal control officer or police officer. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, to the value of at least $100,000.00. I (e) The owner of a dangerous dog who relocates to a new address shall, within ten (10) days of relocating, provide written notice to the appropriate local animal control authority for the old address from which the animal has moved and the new address to which the animal has been moved. (f) The owner of a dangerous dog must register the animal with the Commonwealth of Virginia Oangerous Oog Registry within 45 days of such finding by a court of competent jurisdiction. 96-53. Violations and penalties. (a) If a canine or canine' crossbreed previously found to be a dangerous dog pursuant to this chapter or the State Comprehensive Animal Laws attacks and injures or kills a cat or dog that is a companion animal belonging to another person, and that attack is a separate and distinct incident from the incident that led to the finding, then the owner or custodian of the dangerous dog is guilty of a Class 2 misdemeanor. I (b) If a canine or canine crossbreed previously found to be a dangerous dog pursuant to this chapter or the State Comprehensive Animal Laws bites a human being or attacks a human being causing bodily injury, and that bite or attack is a separate and distinct incident from the incident that led to the finding, then the owner or custodian of the dangerous dog is guilty of a Class I misdemeanor. (c) If the owner of any canine or canine crossbreed previously found to be a dangerous dog pursuant to this chapter or the State Comprehensive Animal Laws willfully fails to comply with the requirements imposed as a result of the finding that the animal is a dangerous dog, then that owner is guilty of a Class 1 misdemeanor. The ovmer--of-any.'animal-which has I ,. .. . .', ",. . , .~-:'." I been f-ound to--be a dangerous dog vvno 'vvillfully fait5- to comply 'v','fth-,the refluirements of this division s-hall-be guilty of a Class 1 misdemt:a.nof-; All fees collected pursuant to the dangerous and vicious dog provisions herein, less tile costs incurred by the animal control authority in producing and distributing the certificates and tags required by the 01 dillance this division, shall be paid into a special dedicated fund for the purpose of paying the expenses of any training course required under Code of Virginia, 9 3.1-796.104.1. 96-54. Exceptions. (a) No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed. I (b) No animal shall be found to be a dangerous dog or vicious. dog if the threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian, (ii) committing, at the time, a willful trespass or-other tort upon the premises occupied by the animal's owner or custodian or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. (c) No animal vvhich, that at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, ~ ovvller a person, or its owner's or custodian's property, shall be found to be a dangerous dog or a vicious dog. (d) No police dog which was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog. I 375 376 3. 2006. This ordinance shall be in full force and effect on and after July 1, 4. Pursuant to Section 12, Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ?\.~ I. L Mary F. Parker City Clerk ~1~ Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37438-061906. AN ORDINANCE appropriating funding for the State Asset Sharing Program and Federal Forfeited Property 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 reordainedto read and provide as follows: Appropriations Overtime Wages FICA Investigations and Rewards Revenues State Asset Forfeiture-Interest State Asset Forfeiture Federal Forfeiture Program Federal Forfeiture Program- Interest 035-640-3302-1003 035-640-3302-1120 035-640-3304-2150 $ 20,434.00 1,563.00 116,774.00 1,189.00 20,808.00 92,431.00 24,343.00 035-640-3302-3299 035-640-3302-3300 035-640-3304-3305 035-640-3304-3306 I I I I I I 377 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~;j~ Mary F. Parker City Clerk ~ Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of June, 2006. No. 37439-061906. AN ORDINANCE to appropriate additional funding for the TAP Emergency Home Repair 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 World Changers TAP Emergency Home Repair FY03 BRHDC Connect Four TAP Emergency Home Repair FY04 TAP Emergency Home Repair FYOS Gainsboro/Gilmer Fa<;ade Grants 035-G03-0320-S468 03 5-G03-0320-54 70 035-G04-0420-5354 035-G04-0420-5470 035-G05-0520-5470 035-G05-0530-5439 $(2,688.00) 2,688.00 (18,159.00) 18,159.00 3,153.00 (3,153.00) 378 Pursuant to the provisions of Section 12 of the City Charter, the second I reading of this ordinance by title is hereby dispensed with. APPROVED ~. 7\.'O~. L Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No.3 7440-061906. A RESOLUTION authorizing the City Manager to execute Amendment No.1 to the 2005-2006 CDBG Subgrant Agreement with Total Action Against Poverty I and to extend the Subgrant Agreement through July 31, 2006, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, Amendment NO.1 to the 2005-2006 CDBG 5ubgrant Agreement with Total Action Against Poverty (''TAP''),or similar in form to Amendment No.1 attached to the City Manager's letter dated July 19, 2006, to City Council, to increase funding by $24,000.00 and to extend TAP's Subgrant Agreement through July 31, 2006, upon such terms and conditions as are more particularly set forth in the City Manager's letter dated July 19, 2006, to City Council. I I I I 379 2. The form of such Amendment No. 1 and any necessary amendments thereto, shall be approved by the City Attorney. APPROVED j, l\~ l~ Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of June, 2006. No. 37441-061906. AN ORDINANCE to appropriate funding for the Fifth District Disability Services Board 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 Fees for Professional Services Revenues Fifth District Disability Services Board FY07 035-630-5162-2010 $ 14,800.00 035-630-5162-5162 14,800.00 380 Pursuant to the provisions of Section 12 of the City Charter, the second I reading of this ordinance by title is hereby dispensed with. APPROVED f\~ -J ~ ~0 Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 2006. No. 37442-061906. A RESOLUTION authorizing the City Manager to enter into a contract with the Fifth Planning District Commission Disability Services Board ("DSB") staff to I 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 (l) 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 D5B 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 19, 2006. I I I I 381 2. The form of the contract, and any necessary amendments, shall be in form approved by the City Attorney. APPROVED ATTEST: R.... A~i~ Mary F. Parker City Clerk ).7 Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of June, 2006. No. 37443-061906. A RESOLUTION authorizing an agreement with the Roanoke Valley Convention and Visitors 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, which includes a mutual indemnity provision, with the Roanoke Valley Convention and Visitors Bureau for a term of one year, from July 1, 2006, through June 30, 2007, 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 19, 2006. 2. The contract amount authorized by this resolution shall not exceed $817,440.00 without further Council authorization, except for the adjustment which the Director of Finance is authorized to make in accordance with the agreement. 382 3. Such agreement shall be in such form as is approved by the City I Attorney, and shall be substantially similar to the one attached to the above mentioned letter. APPROVED ~~-J~ Mary F. Parker City Clerk ~~. Beverly T. itzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37444-061906. AN ORDINANCE authorizing the City Manager to execute an amendment I to the lease Agreement dated May 16, 2005, between the City of Roanoke and Crown Roanoke, LLC., a Virginia limited liability company, to execute a second amendment to the lease agreement for an additional 900 square feet on the third floor of 111 Franklin Road, Roanoke, Virginia, for a period of two years, beginning June 19, 2006, and expiring May 31, 2008; upon certain terms and conditions, 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. 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 May 16, 2005, between the City of Roanoke and Crown Roanoke, LLC., a Virginia limited liability company, for an additional 900 square feet on the third floor of 111 Franklin Road, Roanoke, Virginia, for a period of two years, beginning June 19, 2006, and expiring May 31, 2008, at the same per square foot rate as the existing lease, as, more particularly set forth in the City Manager's letter dated June 19, 2006, to this Council. I I I I 383 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 ~^d -!. L Mary F. Parker City Clerk ~~ Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of June, 2006. No. 37445-061906. A RESOLUTION authorizing the City Manager to execute Amendment NO.5 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services for the Downtown North Parking Garage (Gainsboro) and First Street Bridge. 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.5 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services for the Downtown North Parking Garage (Gainsboro) and First Street Bridge, all as more fully set forth in the letter to this Council dated June 19, 2006. 384 2. The Amendment NO.5 will provide authorization for additions in I the work, with an increase in the amount of the contract of an additional $99,990.00, all as set forth in the above letter. APPROVED ~S~1~ Mary F. Parker City Clerk &3 Beverly T.Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of June, 2006. No. 37446-061906. AN ORDINANCE to appropriate funding from the Economic and I Community Development Reserve to the United HealthCare Services 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 008-310-9847-9003 $100,000.00 008-3365 (100,000.00) I I I I 385 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED nST~ J L- Mary F. Parker City Clerk ,~~ .J Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of June, 2006. No. 37447-061906. 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 United HealthCare Services, Inc., (UHS), that provides for certain undertakings by the parties in connection with the maintenance and cr~ation of certain jobs by UHS within the City of Roanoke; to provide for the appropriation of up to $100,000.00 by the City to the IDA for grants to UHS for the purpose of economic development, as further set forth below; and dispensing with the second reading by title of this Ordinance. WHEREAS, UHS is leasing certain real property located in the City of Roanoke, and intends to maintain and expand UHS's operations of providing services to certain Medicare recipients and to provide customer support for a variety of senior health and well-being products and UHS intends to maintain and create substantial jobs in connection with those operations (UHS Project); and WHEREAS, the City and the IDA wish to encourage UHS to undertake and complete the Project in order to enhance and promote economic development within the City and the Roanoke Valley. 386 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as I follows: 1. City Council hereby approves the substance of the terms of the Performance Agreement among the City, the IDA, and UHS, as set forth in the attachment to the City Manager's letter to Council dated June 19, 2006, which provides for maintenance and creation by UHS of certain jobs within the City, as well as certain undertakings by the City and the IDA. City Council further finds that this will promote economic development within the City and the Roanoke Valley. 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 UHS, upon certain terms and conditions as set forth in the City Manager's letter to Council dated June 19, 2006. The Performance Agreement 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 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. 4. The City will appropriate an amount up to $100,000.00 to the IDA for the purpose of promoting economic development in the City and the Roanoke Valley in order to fund the grants that the IDA intends to make to UHS upon certain terms and conditions, which amount is to be used for job grants as referred to in the Performance Agreement, all as more fully set forth in the above referenced City Manager's letter. I 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 7\.." j.~ Mary F. Parker City Clerk (WI J Beverly T. Fitzpatrick, Jr. Vice-Mayor I I I I .. ;' I'",.: ~:. .:...': 1,/:;::.:':1 : h! . ::; .;..t;.. ";: .. I:',: 387 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 2006. No. 37448-061906. AN ORDINANCE amending and reordaining 922.2-2, Definitions. and 922.2-31, Restoration of beneficiaries to membership, and adding a new 922.2-34, Prorated creditable service for less than full-time work, to Chapter 22.2, Pensions and Retirement, Code of the City of Roanoke (1979), as amended; 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. Section 22.2-2, Definitions, of Chapter 22.2, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 922.2-2 Definitions. * * * Earnable compensation shall mean all usual and regular compensation from a participating employer plus salary supplements and the participating employer's contribution to the deferred compensation plan established under Section 457 of the Internal Revenue Code of 1986, as amended, excluding overtime pay, imputed income under Section 79 of the Internal Revenue Code of 1986, as amended, and any lump sum payment made upon separation from service for unused paid time off or for unused extended illness leave pursuant to regulations promulgated by the city manager, in the case of a city employee (or by the governing body of any other participating employer in the case of an employee of such other participating employer), in whatever manner paid. In cases where compensation is not all paid in money, the board shall fix the value of that part of the compensation not paid in money. Earnable compensation shall include compensation subject to a salary reduction or deferred compensation agreement between an employee and the participating employer pursuant to Section 125, 132(f)(4) of the Code (for plan years and limitation years beginning on or after 388 January 1, 2001), 402(g)(3) or 457(b) of the Internal Revenue Code (and elective deferrals or contributions under any other sections of the Internal Revenue Code covered by Section 41 5(c)(3)(D) of the Internal Revenue Code), which compensation is not actually or constructively received by the employee. I In the case of a member, other than a member of city council, whose regular work schedule is less than that of an employee considered to be full-time under the participating employer's personnel policies, such member's earnable compensation, as defined above, shall be deemed to be the employee's actual earnable compensation, as defined above, multiplied by a fraction consisting of: (I) the number of hours in the regular work schedule of an employee considered to be fUll-time under the participating employer's personnel policies, over (2) the number of hours in the member's regular work schedule. Eligible employee shall mean: (l) Any officer or employee of the City, the Roanoke Regional Airport Commission, or the Roanoke Valley Detention Commission; except a part-time officer or employee (one who is customarily employed less than twenty (20) hours per week or not more than five (5) months in a calendar year); and I (2) Police and fire personnel employed on or after the first day of January, 1946; (3) The city manager, city attorney, director of finance, municipal auditor, and the city clerk (the "council appointed officers"): (4) Every officer and other person employed by the city school board prior to July 1, 2006, who is not reported as eligible for membership in the Virginia Retirement System or successor plan except a part- time officer or employee (one who is customarily employed less than twenty (20) hours per week or not more than five (5) months in a calendar year), or, an employee who is employed solely as a bus driver. No employee of the city school board hired on or after I I I I ~ :,':;j:'-'~];!.\;~ ':~ :~:/)>.:':\~:i~.'.:.:~:;:"... . ,:')1~;~ '. \;: /~!;"'. k~.\~ . 389 July 7, 2006, shall be eligible to participate in the city plan; (5) Every employee of the Roanoke Valley Resource Authority who became an employee of such authority upon its creation pursuant .to the terms of the distribution and indemnification agreement dated October 23, 1991. No additional employees of the Roanoke Valley Resource Authority shall be eligible to participate in the city plan; (6) Every employee of the Roanoke Valley Detention Commission who became an eligible employee pursuant to the terms of the agreement dated October 7, 1998; whether or not such employees meet the criteria set forth in clause (1) of this section; and (7) Constitutional officers constitutional officers who by are included in the city plan. and employees of contract with the city (8) Every employee of the city who becomes an employee of the Western Virginia Water Authority as of July 1, 2004, shall continue to be a member of the city plan. No additional employees of the Western Virginia Water Authority hired on or after July 7, 2004, shall be eligible to participate in the city plan; * * * 2. Section 22.2-31, Restoration of beneficiaries to membership, of Chapter 22.2, Pensions _i!!J.d Retirement, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 922.2-31. Restoration of beneficiaries to membership. (a) Should a disability beneficiary under normal retirement age be restored to or be in service at a compensation equal to or greater than his average final compensation at retirement (adjusted by any cost of living adjustments granted since his last day of service), or should any other beneficiary be restored to service as an eligible employee prior to his normal retirement age, his pension shall cease and he shall become a member of ESRS. Anything in this chapter to 390 the contrary notwithstanding, any prior service certificate on the basis of which his creditable service was computed at the time of his retirement shall be restored to full force and effect and he shall be credited with all creditable service as a member standing to his credit at the time of his retirement; provided, however, that his pension upon subsequent retirement shall be no less than the sum of his previous pension plus the amount computed on the basis of his creditable service and earnable compensation for the period after his restoration. I (b) Should any beneficiary be restored to service as an eligible employee on or after his normal retirement age, the pension shall be discontinued during the period of restoration, and he shall become a member of the ESRS but in the event of his death during such period any payment under an optional benefit, if one (1) has been elected and has become effective, shall commence., Such a member shall be considered a new member with respect to service rendered subsequent to his restoration; except, that his normal retirement age shall be the same as before restoration. I * * * 3. Chapter 22.2, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of a ~22.2-34, Prorated creditable service for less that full-time work, to read and provide as follows: 922.2-34. Prorated creditable service for less than full-time work. Effective for creditable service earned after July 1, 2006, in the case of a member whose regular work schedule is less than that of an employee considered to be full-time under the participating employer's personnel policies (other than members of city council), creditable service shall be a fraction of a year based on the number of hours in the member's regular work schedule over the number of hours in the regular work schedule of an employee considered to be full-time under the participating employer's personnel policies. I I I I , ~'".;:'"<.?t:,; : .': i('., "; . ,,-!".:.,. . :.1 'J,:!;':;' 391 4. 2006. This ordinance shall be in full force and effect on and after July 1, 5. Pursuant to Section 12, Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ~s~!~ 0~j j ,\ t " Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37449-061906. AN ORDINANCE to appropriate funding from the Federal Government for School Food Services, amending and reordaining certain sections of the 2005- 2006 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 2005-2006 School Food Services Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Food 032-065-7588-6788-0602 $ 400,000.00 Revenues School Food Aid 032-060-6000-0712 400,000.00 392 Pursuant to the provisions of Section 12 of the City Charter, the second I reading of this ordinance by title is hereby dispensed with. APPROVED {L0 -.i Beverly T. Fitzpatrick, Jr. Vice-Mayor A"^-i JL Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37450-061906. AN ORDINANCE to transfer funding from the debt service contingency for various funding needs, amending and reordaining certain sections of the 2005- I 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 Compensation of Nurses 030-061-7272-6672-0131 $ (75,000.00) Health Insurance 030-061-7272-6672-0204 (25,000.00) Compensation of Supervisors 030-062-7274-6674-0124 (25,000.00) Social Security 030-062-7274-6674-0201 (2,200.00) Retirement-VRS 030-062-7274-6674-0202 (2,800.00) Health Insurance 030-062-7274-6674-0204 (3,400.00) Compensation of Psychologist 030-063-7273-6673-0132 40,000.00 Compensation of Assistant Superintendents 030-064-7264-6664-0113 30,000.00 Compensation of Clerical 030-064-7264-6664-0151 25,000.00 I Early Retirement 030-064-7264-6664-0199 17,000.00 Social Security 030-064-7264-6664-0201 9,500.00 I I I Other Professional Services Conve ntions/Ed ucation Compensation of Nurses Social Security Office Supplies . Compensation of Assistant Superintendents Compensation of Clerical Early Retirement Social Security Retirement-VRS Compensation of Planning Assistant Compensation of Bus Drivers Compensation of Part Time Operations Early Retirement Social Security Laundry/Dry Cleaning Insurance-School Busses Vehicle and Equipment Fuel Compensation of Other Professional Workers Compensation- Self Insurance Interest I.; .~.. 393 030-064-7264-6664-0313 030-064-7264-6664-0554 030-064-7270-6670-0131 030-064-7270-6670-0201 030-065-7261-6661-0601 $ 17,000.00 1,500.00 10,000.00 8,400.00 5,000.00 030-065-7262-6662-0113 030-065-7262-6662-0151 030-065-7262-6662-0199 030-065-7262-6662-0201 030-065-7262-6662-0202 50,000.00 17,000.00 19,000.00 6,500.00 7,500.00 030-065-7375-6676-0143 115,000.00 030-065-7375-6676-0171 300,000.00 030-065-7375-6676-0178 030-065-7375-6676-0199 030-065-7375-6676-0201 030-065-7375-6676-0371 030-065-7375-6676-0539 150,000.00 10,000.00 30,000.00 23,000.00 9,000.00 030-065-7375-6676-0609 213,000.00 50,000.00 120,000.00 (l,150,000.00) 030-065-7480-6681-0138 030-066-7266-66660206 030-066-7700-6998-0902 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A~~ ~L Mary F. Parker City Clerk APPROVED ~) Beverly T. Fitzpatrick, Jr. Vice-Mayor 394 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of June, 2006. No. 37451-061906. 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, 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. For the fiscal year beginning July 1, 2006, and ending June 30, 2007, 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, 2005, ending June 30, 2006, increased by four percent (4.0%). 2. Any increase in compensation due to any officer or employee under this Ordinance shall be first paid with the first paycheck in July, 2006. 3. The Director of Finance shall continue to pay on an installment basis the sum of $8,000.00 per calendar year to ICMA as deferred compensation on behalf of the five incumbent Council-appointed 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-appointed 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. I I I I I I ll,.t;', 395 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: () I\~ 1U-1.~ Mary F. Parker City Clerk ~~) Beverly T. Fitzpatrick, Jr. Vice-Mayor ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of June, 2006. No. 37452-061906. AN ORDINANCE authorizing execution of a lease agreement between the City of Roanoke and The Art Museum of Western Virginia for the lease of certain air space located above the rights-of-way of Norfolk Avenue, S. E., Williamson. Road, S. E., and Salem Avenue, S. E., (Tax Map Nos. 4010205 and 4010210), to provide sufficient area and space for the overhangs of the Art Museum building, 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 overhangs over certain air space located above the rights-of-way for Norfolk Avenue, S. E., Williamson Road, S. L, and Salem Avenue, S. E., for a term of sixty (60) years; WHEREAS, one bid for the lease of such air space for overhangs was received when bids were publicly opened at the Council meeting held June 19, 2006; WHEREAS, the bid of The Art Museum of Western Virginia to lease such air space for overhangs for a term of sixty (60) years commencing as soon as all legal requirements have been met for a one-time payment in the total amount of sixty dollars ($60.00), 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 June 19, 2006; 396 WHEREAS, at such Council meeting, a public hearing was held at which all persons were accorded a full and fair opportunity too comment with respect ,to I the proposed lease of such air rights for overhangs; and WHEREAS, Council found the bid of The Art Museum of Western Virginia 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 The Art Museum of Western Virginia, to lease certain air space for overhangs located above the rights-of-way of Norfolk Avenue, .S. E., Williamson Road, S. E., and Salem Avenue, S. E., such areas being more particularly described in the proposed Lease of Air Space for Overhangs, 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 Sixty dollars ($60.00), and upon certain terms and conditions set out in the lease and incorporated by reference is hereby ACCEPTED. 2. The City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute a written lease agreement between the City and I The Art Museum of Western Virginia for the lease of such air space for overhangs, such lease to be in a form approved by the City Attorney. 3. The City Clerk is directed to forward an attested copy of this ordinance to The Art Museum of Western Virginia. 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 ~J f ATTCST J ~ 2~". City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor I I I I ~ ' ,.. 397 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37453-061906. AN ORDINANCE to amend ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Four R-Enterprises, a Virginia general partnership, and Best-Jol Properties, LLC, a Virginia Limited Liability Company, have made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described property rezoned from MX, Mixed Use District, to 1-1, Light Industrial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, after giving proper notice to all. concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; and WHEREAS, a public hearing was held by City Council on such application at its meeting on June 19, 2006, after due and timely notice thereof as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, City Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion 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 . ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Nos. 1421616, 1421617, 1421604,1421605,1421606,1421607, and 1421608, inclusive, be, and are hereby rezoned from MX, Mixed Use District, to 1-1, Light Industrial District, 398 subject to the proffers contained in the Amended Petition filed by Four R- Enterprises, a Virginia general partnership, and Best-Jol Properties, LLC, a I Virginia limited liability company, in the Office of the City Clerk on April 28, 2006. 2. Pursuant to the provisions of ~ 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~T~ :J.L Mary F. Parker City Clerk ~ ~, Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of June, 2006. No. 37454-061906. I AN ORDINANCE amending and reordaining Table 340-1 of ~36.2-340, Use Matrix, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, to permit as a principal permitted use eating and drinking establishments, not abutting a residential district, in the INPUD, Institutional Planned Unit Development District; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Table 340-1 of ~36.2-340, Use Matrix, of Division 4, Use Matrix, of Article 3, Requlations for Spe~ific ZoniDq Districts, of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained so that the portion of Table 340-1 pertaining to Assembly and Entertainment uses, in which an eating and drinking establishment, not abutting a residential district, is listed, is amended to permit such an establishment as a matter of right as a principal use in the INPUD, Institutional Planned Unit Development District. I I I I 399 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 7f~~~ Mary F. Parker City Clerk ~j~ -..J Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of June, 2006. _ No. 37455-061906. AN ORDINANCE to amend ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to amend an INPUD development plan entitled "Riverside Corporate Centre, Institutional Development Plan," to include a development plan for property located at the intersection of Franklin Road, S. W., and Reserve Avenue, S. W., Official Tax NO.1 032203; and dispensing with the second reading by title of this ordinance. WHEREAS, Roanoke Land Development, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend an INPUD development plan entitled "Riverside Corporate Centre, Institutional Development Plan," to include a development plan for property located at the intersection of Franklin Road, 5. W., and Reserve Avenue, S. W., Official Tax No. 1032203: WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; 400 WHEREAS, a public hearing was held by City Council on such application I at its meeting on June 19, 2006, after due and timely notice thereof as required by ~36.2-S40, 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 amendment of the INPUD development plan entitled "Riverside Corporate Centre, Institutional Development Plan," to include a development plan for property located at the intersection of Franklin Road, S. W., and Reserve Avenue, S. W., Official Tax No.1 032203; 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, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the INPUD development plan entitled "Riverside Corporate Centre, Institutional Development Plan," prepared by HSMM for Carilion Medical Center, CHS, Inc., and B & B Holdings dated October 5, 2004, revised November 11, and November 24, 2004, be amended to include the INPUD development plan entitled Hotel/Commercial Site-Riverside Corporate Center, prepared by Katz McConnell & Associates, dated May 17, 2006, as set forth in the Third Amended Petition filed in the Office of the City Clerk on May 17, 2006, for property located at the intersection of Franklin Road, S. W., and Reserve Avenue, S. W., Official Tax No.1 032203, as herein I provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the INPUD development plan entitled "Riverside Corporate Centre, Institutional Development Plan," prepared by HSMM for Carilion Medical Center, CHS, Inc., and B & B Holdings dated October 5, 2004, revised November 11, and November 24, 2004, be amended to include the INPUD development plan entitled Hotel/Commercial Site-Riverside Corporate Center, prepared by Katz McConnel & Associates, dated May 17, 2006, as set forth in the Third Amended Petition filed in the Office of the City Clerk on May 17, 2006, for property located at the intersection of Franklin Road, S. W., and Reserve Avenue, S. W., Official Tax NO.1 032203. I I I I : .:.l: ~ ~J.. 401 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 r~j~\! ATTES~ 1 L o p",,, City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37456-061906. AN ORDINANCE to amend ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated. December 5, 2005, as amended, by repealing Ordinance No. 33688-010598, to the extent such ordinance placed certain conditions on a portion of Official Tax No. 5480719 located on Frontage Road, S. W., and rezoning such portion of the subject property from CG, Commercial-General District, with proffers, to MXPUD, Mixed Use Planned Unit Development District; and dispensing with the second reading by title of this ordinance. WHEREAS, Springwood Associates, LLC, filed an application with the Council of the City of Roanoke to repeal certain conditions presently binding upon a tract of land described as the northern portion of property bearing Official Tax No. 5480719 on Frontage Road, S. W., consisting of Southmont Drive, a fifty (50) foot wide private right-of-way, which property was previously conditionally rezoned by the adoption of Ordinance No. 33688-010598, on January 5, 1998, and to rezone that portion of Official Tax No. 5480719 tract of land from CG, Commercial-General District, with proffers, to MXPUD, Mixed Use Planned Unit Development District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; and 402 WHEREAS, a public hearing was held by City Council on said application at I its meeting on June 19, 2006, after due and timely notice thereof as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed 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, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 33688-010598, adopted by the City Council on January 5, 1998, to the extent that it placed certain conditions on the northern portion of property bearing Official Tax No. 5480719 on Frontage Road, S. W., consisting largely of Southmont Drive, a fifty (50) foot wide private right-of-way, as set forth in the Amended Petition to Rezone filed in the Office of the City Clerk on April 21, 2006, is hereby REPEALED, and that ~36.2-1 00, Code of the I City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action; and 2. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that the northern portion of property bearing Official Tax No. 5480719 on Frontage Road, S. W., consisting largely of . Southmont Drive, a fifty (50) foot wide private right-of-way, be, and is hereby rezoned from CG, Commercial-General District, with proffers, to MXPUD, Mixed Use Planned Unit Development District, as set forth in the Amended Petition to Rezone filed in the Office of the City Clerk on April 21, 2006. I I I I . .. '." ~.; ,-;. .'.~-,i:"'l 403 3. Pursuant to the provisions of ~ 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED 77;:' ;L Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37457-061906. AN ORDINANCE to amend ~36. 2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by repealing Ordinance No. 33688- 010598, to the extent such ordinance placed certain conditions on Official Tax No. 5480719 on Frontage Road, S.W., and placing certain conditions on a portion of Official Tax No. 5480719, such portion consisting of approximately 1.55 acres, more or less; and dispensing with the second reading by title of this ordinance. WHEREAS, Springwood Associates, LLC, filed an application with the Council of the City of Roanoke to repeal certain conditions presently binding upon property bearing Official Tax No. 5480719 on Frontage Road, S.W., which property was previously conditionally rezoned by the adoption of Ordinance No. 33688-010598 on January 5, 1998, and to place certain new conditions proffered by the applicant on the southern portion of the property bearing Official Tax No. 5480719, such portion consisting of approximately 1.55 acres, more or less; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; and 404 WHEREAS, a public hearing was held by City Council on said application at its meeting on June 19, 2006, after due and timely notice thereof as required by I ~36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed 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, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the proffers pertaining to the subject property as set forth herein, and for those reasons, is of the opinion that the proffers pertaining to the subject should be amended as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 33688-010598, adopted by the City Council on January 5, 1998, to the extent that it placed certain conditions on Official Tax No. 5480719, is hereby REPEALED, and that ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, is hereby amended to reflect such action. 2. The proffers set forth in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on May 31, 2006, are accepted and placed on the southern portion of property bearing Official Tax No. 5480719, such portion consisting of approximately I.SS acres, more or less, so that such property will be zoned CG, Commercial-General District, with conditions proffered by the applicant, and that ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. I 3. Pursuant to the provisions - of ~ 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED AT"'"Q ~!L- Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor I I I I '.',' "';.':i".:. . .' ... ~.. -:-i ..: ~ ; ; .:;,.f... ,:.,- ..-. .' 'j.~..;..::~ 405 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37458-061906. AN ORDINANCE approving the Youth Comprehensive Plan dated March 24, 2006, and amending Vision 2001-2020, the City's Comprehensive Plan, to include the Youth Comprehensive Plan dated March 24, 2006, such plan providing for nine goals for City of Roanoke youth and strategies for reaching those goals; and dispensing with the second reading by title of this ordinance. WHEREAS, on May 18, 2006, the Youth Comprehensive Plan dated March 24, 2006 (the "Plan"), was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on that date and recommended adoption of the Plan and amending Vision 2001-2020, the City's 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 Monday, June 19, 2006, 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 Youth Comprehensive Plan dated March 24, 2006, and amends Vision 2001 - 2020, the City's Comprehensive Plan, to include the Youth Comprehensive Plan dated March 24, 2006, as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 406 3. Pursuant to the provisions of ~ 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. I APPROVED ATTEST: Q 3';:1" J ~ City Clerk ~ ~tJl\1 Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 37459-061906. AN ORDINANCE amending and reordaining subsection (cHI) of ~31-28, l\.Rproval or disapprovj:~1 of preliminary plat, subsection (i) of ~31-29, Additi.9nal material as I?_art of preliminary Rlan, and subsections (d), Ul and (k) of ~31-68, I Lots: I;>uildinq or setback lines, and repealing subsection (c) of ~31-39, Fees for plat review, of Chapter 31, Subdivisions; of the Code of the City of Roanoke (1979), as amended, to update references in the City Code necessitated by the repeal of Chapter 36.1, Zoning, and the adoption of Chapter 36.2, Zoninq, and by a change in a department's title; 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 Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending subsection (cHI) of ~31-28, Approval or disapproval of preliminary plat, subsection (i) of ~31-29, Additional material as part of preHminary _.Rlan, and subsections (d), (j) and (k) of ~31-68, Lots: puildinq or setback lines, of Article IV, Desiqn Stand.ards, of Chapter 31, Subdivisions. to read and provide as follows: I I I I . ,. .' , ,; , ; '. .', ~ . 407 See. 31-28. Approval or disapproval of preliminarv plat. * * * (c)(l) The agent and the city engineer shall determine whether the proposed subdivision will be reasonably safe from flooding. If the proposed subdivision is in a floodplain district as defined in Subdivision [ Section 36.2-333, of Division 5, of Article III, o-f-c-haptef-36-:+ of this Code, the preliminary subdivision plat shall be reviewed to assure ensure that: (i) The proposed subdivision is consistent with the need to minimize flood damage within the floodplain districts. (ii) All public utilities are located and constructed to minimize or eliminate flood damage. (iii) Adequate drainage is provided to reduce exposure to flood hazards. (iv) New and replacement water supply systems are designed to minimize or eliminate the infiltration of flood waters into the systems. (v) New and replacement sanitary sewer systems are designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters. (vi) On-site waste disposal systems are located so as to avoid impairment to them or contamination from them during flooding. . * * See. 31-29. Additional material as part of preliminarv plan. In addition to the preliminary plat, the following plans, profiles, studies, maps and other material shall be submitted to the agent as part of the preliminary plan of a subdivision: * * * 408 (i) Base flood elevation data. All plans shall include one hundred-year flood elevation data for all property located in floodplain districts as created by section JG.l J62 36.2-333 of this Code, and shall contain such detail as may be required by the agent to determine whether the requirements of section 31-28(c)(l) and section 3G.l JGO 36.2-333 et seq. of this Code will be complied with met. I * * * See. 31-68. Lots: buildinq or setback lines. * * * (d) All lots controlled by this chapter shall front on a public street or an acceptable private street in an;--if approved as- suck under the planned unit development pursuant to provisio~ cOlltained in Division S, of AI ticle Ht,--c-f Chapter 3-6-:+ 36.2 of this Code. Double frontage lots, however, may be cause for disapproval of the preliminary plan. To avoid frontage on a heavily traveled artery or other disadvantageous use, double frontage lots are acceptable if a planting screen is provided on an easement at least ten (10) feet in width, across which there shall be no right of access. Each irregular-shaped residential lot may be allowed a reduction of the minimum lot frontage requirements set forth in the zoning ordinance of the city or county wherein the land lies, of no more than seventeen (l 7) percent, subject to the approval of the agent: provided, however, that no irregular-shaped lot shall have less than fifty (50) feet of frontage or less than an average width of sixty (60) feet. I * * * Ul Lot requirements for planned unit developments are specified in undff-9ivis-teft-5, Article III, of Chapter 3-6-:+ 36.2 of this Code. (k) Lot requirements for townhouses are set out under Section 36.2-431 ~n 4, of-Article IV, of Ckaptel JG.l of this Code. * * * I I I I ~!l. 1;...," I . i" . .... ;. '=~'. 409 2. Subsection (c) of section 31-39, Fees for plat review, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby repealed. Section 31-39. Fees for plat review. * * * 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: ~ j-:.J., j ~ City Clerk \ ~ Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of June, 2006. No. 37460-061906. AN ORDINANCE to amend ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, dated December 5, 2005, as amended, to rezone certain property within the City; and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke Planning Commission has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described properties rezoned: Official Tax No. 6410231, located at 2521 Portland Avenue, N. W., from R-7, Residential Single-Family District, to INPUD, Institutional Planned Unit Development District; Official Tax No. 4400434, on Ventnor Road, S. E., from R-12, Residential Single-Family District, with conditions, to RMF, Residential Multifamily District, with existing conditions; Official Tax No. 3340306, on 21" Street, N. E., from RM-l, Residential Mixed Density District, and IN, Institutional District, to IN, Institutional District; Official Tax No. 1052701, located at 404 McClanahan Street, S. W., Official Tax No.1 052702, located at 400 McClanahan Street, S. W., 410 and Official Tax No. 1052703, on Stephenson Avenue, S. W., from RMF, Residential Multifamily District, to MX, Mixed Use District, in order to correct I the previous zoning and to place each subject property in a zoning district which is consistent with its current use. WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on June 19, 2006, after due and timely notice thereof as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the publiC necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject properties, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as I herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax No. 6410231, located at 2521 Portland Avenue, N. W., be rezoned from R-7, Residential Single-Family District, to INPUD, Institutional Planned Unit Development District; Official Tax No. 4400434, on Ventnor Road, S. E., be rezoned from R-12, Residential Single-Family District, with conditions, to RMF, Residential Multifamily District, with existing conditions; Official Tax No. 3340306, on 21" Street, N. E., be rezoned from RM-l , Residential Mixed Density District, and IN, Institutional District, to IN, Institutional District: and Official Tax No.1 052701, located at 404 McClanahan Street, S. W., Official Tax No.1 052702, located at 400 McClanahan Street, S. W., and Official Tax No.1 052703, on Stephenson Avenue, S. W., be rezoned from RMF, Residential Multifamily District, to MX, Mixed Use District, in order to correct the previous zoning and to place each subject property in a zoning district which is consistent with its current use, are hereby" rezoned as set forth above and as set forth in the First Amended Petition to Rezone filed in the Office of the City Clerk on April 26, 2006. I I I I ",': '.'. :i. '~;'., 411 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 ~S~1L Mary F. Parker City Clerk \. Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of June, 2006. No. 27461-061906. AN ORDINANCE to amend ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by amending the conditions presently binding upon certain property conditionally zoned CG, Commercial General District; 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, Virginia, to amend certain conditions presently binding upon a tract of land located at the intersection of Orange Avenue, N. E., and Blue Hills Drive, N. E., Official Tax No. 7160113, which property is zoned CG, Commercial General District, with proffers, by the adoption of Ordinance No. 36821- 081604, on August 16, 2004; WHEREAS, the City of Roanoke, Virginia, seeks to amend proffers currently binding on the subject property zoned CG, Commercial General District, with proffers, with such new proffers as set forth in the Petition to Amend Proffered Conditions filed in the City Clerk's Office on April 4, 2006; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and 412 WHEREAS, a public hearing was held by this Council on such application at its meeting on June 19, 2006, after due and timely notice thereof as required I by ~36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed 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, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the proffers applicable to the subject property, and for those reasons, is of the opinion that the subject property should be rezoned as set forth herein. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 36821-081604, adopted by City Council on August 16, 2004, is hereby repealed to the extent that it accepted and placed conditions proffered by the applicant on Official Tax No. 7160113, a tract of land located at the intersection of Orange Avenue, N. E., and Blue Hills Drive, N. E., and that ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, I 200S, as amended, is hereby amended to reflect such action; and 2. ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, is hereby amended to reflect the proffered conditions as set forth in the Petition to Amend Conditions filed in the City Clerk's Office on April 4, 2006, so that the subject property is zoned CG, Commercial General District, with such proffers. 3. Pursuant to the provisions of ~ 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~~~ A~ :JL Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor I I I I .....1:",.. 413 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of June, 2006. No. 37462-061906. AN ORDINANCE authorizing the execution of a deed of easement granting to the United States of America an easement of approximately 45.85 acres for the relocation of a portion of the Appalachian National Scenic Trail across City-owned property known as Carvins Cove Natural Reserve, 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, on behalf of the City of Roanoke, in a form approved by the City Attorney, a deed of easement granting the United States Department of the Interior for nominal consideration an easement of approximately 45.85 acres across City-owned property known as the Carvins Cove Natural Reserve, upon certain terms and conditions, as more particularly set forth in the City Attorney's report to Council dated June 19, 2006. 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: . () f\~":lf/~ Mary F. Parker City Clerk ~j ~~~-~ ' )it-- -..,.'... , I / Beverly T. Fitzpatrick, Jr. Vice-Mayor 414 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19'" day of June, 2006. No. 37463-061906. AN ORDINANCE allowing the encroachment of a retaining wall 38 feet into the public right-of-way from property located at Southern Hills Drive, S. W., designated as Tax Map Nos. 5480704 and 5470109; upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on June 19, 2006, 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 such permit. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted Faison Southern Lane, LLC., owner of the property bearing Official Tax Nos. 5480704 and 5470109, located within the City of Roanoke, to permit the encroachment of a retaining wall into. Southern Hills Drive, S. W., such retaining wall being 275 feet long by 18 inches I wide as measured at the top of the wall, and a variable height between one foot and 20 feet. The wall is to be constructed within the existing right-of-way of Southern Hills Drive, S. W. and will encroach approximately 38 feet into the right-of-way, as more fully described in a letter of the City Manager to City Council dated June 19, 2006. 2. It shall be agreed by the property owner that, in maintaining such encroachment, the property owner 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. I I I I 415 4. The property owner, its grantors, assigns or successor in interest shall for the duration of this permit maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than $1,000,000.00 of 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 Faison Southern Lane, LLC., c/o Mattern & Craig, Ine., Consulting Engineers, 701 First Street, S.w., 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 property owner, has been admitted to record, at the cost of the property owner, 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. 7. Pursuant to the provisions of ~ 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED lW I\~ j~ Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor 416 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19'" day of June, 2006. No. 37464-061906. AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Total Action Against Poverty in Roanoke Valley and the City of Roanoke Redevelopment and Housing Authority filed an application to the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City 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 City Council I on June 19, 2006, after due and timely notice thereof as required by ~30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public rights-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: First Street, N. W., from Wells Avenue, NW., to a point past its intersection with the south side of Loudon Avenue, N.W., such area containing 14,195 square feet, and Loudon Avenue, N.W., from Gainsboro Road, N.W., to its intersection with the west side of First Street, N.W., such area containing approximately 12,215 square feet be, and is hereby permanently vacated, discontinued and I I I I ~I.:.. 417 closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the 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 City of Roanoke reserves on the portion of the right-of-way vacated, discontinued, and closed hereby, a perpetual easement for public pedestrian ingress and egress, except on that portion of Loudon Avenue west of the bollards as shown on the site plan dated April 2S, 2006, by MMM Design Group, a copy of which has been filed with the City Clerk. BE IT FURTHER ORDAINED that the applicants 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 rights-of-way. BE IT FURTHER ORDAINED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicants shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of One hundred thousand dollars and no cents ($100,000.00) as consideration pursuant to ~ 15.2-2008, Code of Virginia (1950), as amended, for the vacated right-of-way. 418 BE IT FURTHER ORDAINED that the applicants 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 applicants, 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. I BE IT FURTHER ORDAINED that the applicants 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 I City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ iJ~k3 W-<-- City Clerk N ~~.Mt Beverly T. Fitzpatrick, Jr. Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'd day of July, 2006. No. 37465-070306. A RESOLUTION recognizing the Honorable David Trinkle to be a member I of the City Council and Vice-Mayor of the City of Roanoke. I I I no. . o. '. l '~. ~.: 419 WHEREAS, the Honorable David Trinkle received the largest number of votes of any candidate running for City Council in the regular Councilmanic election held on the first Tuesday in May, 2006, and was, therefore, elected Vice-Mayor of the City for a two-year term, which will commence July 1, 2006, as provided by ~4 of the Charter of the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable David Trinkle be, and he is, hereby recognized to be a duly elected member of the Council of said City for a term commencing on the 1" day of July, 2006, 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, 2006, and continuing for a period of two years and until his successor shall have been elected and qualified. APPROVED 7i~i~ Mary F. Parker City Clerk e.~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'd day of July 2006. No. 37466-070306. A RESOLUTION paying tribute to the Honorable Beverly T. Fitzpatrick, Jr., and expressing to him the appreciation of the City and its people for his exemplary public service as the Vice-Mayor of the City. WHEREAS, Mr. Fitzpatrick was born in Roanoke, Virginia, and educated at the Economic Development Institute of the University of Oklahoma, University of North Carolina, Virginia Polytechnic Institute and State University, and Ferrum College; 420 WHEREAS, Mr. Fitzpatrick has recently retired from Blue Ridge Public Television; I WHEREAS, Mr. Fitzpatrick has been actively involved in the community, serving as vice-chair of University Connection (Smart Road), on the board of directors for Cybermotion Corporation and Blue Ridge Television, as chair of the board of directors of Blue Ridge Region of Virginia, on the board of directors of the Lewis-Gale Foundation, Board of Trustees of Lutheran Family Services, secretary of the Foundation for Regional Excellence, To The Rescue - Julian Stanley Wise Foundation Advisory Board, Roanoke Advisory Board of the University of Virginia, president of the Commonwealth Coach & Trolley Museum, the board of directors for the Juvenile Diabetes Foundation, and he has also been involved with the Sorensen Institute for Political Leadership, Roanoke Higher Education Center, Economic Development Committee, Center for Innovative Leadership, and The Foundation for Downtown Roanoke; WHEREAS, having last been elected. to City Council in 2004, Mr. Fitzpatrick served as Vice-Mayor from July 2004 through June 2006; and WHEREAS, Mr. Fitzpatrick has worked diligently as Chair of Council's I Legislative Committee to identify legislative solutions to problems and bring about positive changes for the City of Roanoke, and has served on Council's Audit and Personnel Committees, the Transportation Policy Committee of the Virginia Municipal League, as Vice-President of the Greater Roanoke Transit Company board of directors, as the City's representative to Virginia's First Coalition of Cities, and as liaison to the Roanoke Redevelopment and Housing Authority. 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 the many services rendered to the City of Roanoke and its people by the Honorable Beverly T. Fitzpatrick, Jr., as Vice-Mayor. I I I I ..; : ~ ;"";\ I '<;" !~: ~:.\. .i. 421 2. The City Clerk is directed to forward an attested copy of this Resolution to the Honorable Beverly T. Fitzpatrick, Jr. APPROVED ~T~jL Mary F. Parker City Clerk ~~~ C.Nelson Harris . Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'd day of July, 2006. No. 37467-070306. A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2006, and terminating June 30, 2007. 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, 2006, and terminating June 30, 2007. 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. 422 (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. I 3. With regard to the regular meetings scheduled to be held on the third 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 15-17, 2006, an exception is noted herein and the regular meeting scheduled to be held on Monday, October 15, 2006, is rescheduled to be held on Thursday, October 19, 2006, and shall commence at 2:00 p.m. Such meeting shall be reconvened at 7:00 p.m. on the same day for the conduct of public hearings. 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 11 :00 p.m., unless a motion setting a new time for adjournment be made, I seconded, and unanimously carried. 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. I I I I . .;, . . : ~ .': '.~.; . :.i '. ;,:' i ". .'. " ' . ....;.. '~.;:',-:> 423 8. This Resolution shall have no application to special meetings of City Council called pursuant to ~ 10 of the City Charter. APPROVED ~~JL Mary F. Parker City Clerk Q.1M~~J C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3" day of July, 2006. No. 37468-070306. AN ORDINANCE to appropriate funding for the FY07 Workforce Investment Act Grant, amending and reordaining certain sections of the 2006- 2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Administrative - Regular Employ Wages Administrative - City Retirement Administrative - FICA Administrative - Medical Insurance Administrative - Disability Insurance Administrative - Dues & Subscriptions Administrative - Food Administrative - Equipment Rental Administrative - Travel Administrative - Supplies Administrative - Leases Administrative - Telephone Youth in School - Regular Employ 35-633-2330-1002 35-633-2330-1105 35-633-2330-1120 35-633-2330-1125 35-633-2330-1131 35-633-2330-2042 35-633-2330-2060 35-633-2330-3070 35-633-2330-8052 35-633-2330-8055 35-633-2330-8058 35-633-2330-8090 35-633-2333-1002 $25,000.00 1,500.00 1,913.00 1,551.00 36.00 100.00 100.00 100.00 100.00 10S.00 500.00 100.00 5,679.00 424 Wages I Youth in School - City Retirement 35-633-2333-1105 339.00 Youth in School - FICA 35-633-2333-1120 433.00 Youth in School - Medical Insurance 35-633-2333-1125 675.00 Youth in School - Disability Insurance 3S-633-2333-1131 17.00 Youth in School - Training & Development 35-633-2333-2044 100.00 Youth in School - Food 35-633-2333-2060 45.00 Youth in School - Leases 35-633-2333-3070 135.00 Youth in School - Other Rental 35-633-2333-3075 23.00 Youth in School - Travel 35-633-2333-8052 270.00 Youth in School - Marketing 35-633-2333-8053 250.00 Youth in School - Supplies 35-633-2333-8055 99.00 Youth in School - Contractual Services 35-633-2333-8057 187,537.00 Youth in School - Leases 35-633-2333-8058 230.00 Youth in School - Equipment 35-633-2333-80S9 45.00 Youth in School - Telephone 35-633-2333-8090 82.00 Youth out of School - Regular Employ Wages 35-633-2334-1002 2,406.00 Youth out of School - City Retirement 35-633-2334-1105 144.00 Youth out of School - FICA 35-633-2334-1120 184.00 I Youth out of School - Medical Insurance 35-633-2334-1125 326.00 Youth out of School - Disability Insurance 35-633-2334-1131 8.00 Youth out of School - Training & Development 35-633-2334-2044 100.00 Youth out of School - Food 35-633-2334-2060 20.00 Youth out of School - Leases 35-633-2334-3070 60.00 Youth out of School - Other Rental 35-633-2334-3075 10.00 Youth out of School - Travel 35-633-2334-8052 120.00 Youth out of School - Marketing 35-633-2334-8053 250.00 Youth out of School - Supplies 35-633-2334-8055 44.00 Youth out of School - Contractual Services 35-633-2334-8057 80,152.00 Youth out of School - Leases 3 S-633-2 3 34-8058 102.00 Youth out of School - Equipment 35-633-2334-8059 20.00 Youth out of School - Telephone 35-633-2334-8090 36.00 Revenues Workforce Investment Act Grant FY07 35-633-2330-2330 311,046.00 I I I I j'. 425 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~:, -J~ Mary F. Parker City Clerk ~ ULiJ~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3'd day of July, 2006. No. 37469-070306. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act funding of $311,046.00 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: 1. The Western Virginia Workforce Development Board Workforce Investment Act funding of $311,046.00 for Program Year 2006, as more particularly set out in the City Manager's letter dated July 3, 2006, to City Council is hereby ACCEPTED. 426 2. The City Manager is authorized to execute, and the City Clerk is I 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. APPROVED ATTEST' ~ tJ~/ ~ City Clerk e..U~U~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'" day of July, 2006. No. 37470-071706. I A RESOLUTION paying tribute to the Honorable Carl E. "Sonny" Tarpley Jr., former mayor of the City of Salem, for his exemplary public service. WHEREAS, Mr. Tarpley was born in Salem, Virginia, and educated at Andrew Lewis High School in Salem, and at Tennessee Wesleyan College in Athens, Tennessee; WHEREAS, having been first elected to Salem City Council in 1974, Mr. Tarpley served as mayor from July 1996 to June 2006; WHEREAS, Mr. Tarpley has given unselfishly of his time, knowledge and experience to achieve efficient, progressive and responsive government; WHEREAS, Mr. Tarpley has advocated the expansion of business in Salem through the redevelopment of available land and the attraction of new business; WHEREAS, Mr. Tarpley has worked to effect important changes during his tenure, including the establishment of Salem's independent school system, new high school and building upgrades, the development of many new municipal facilities, the building of the city's football and baseball stadiums, and many I others; I I I ,j:' 427 WHEREAS, Mr. Tarpley has been actively involved in the community, beginning the Mayor's Youth Council in 2000 to bring young. people into the political process and encourage them to pursue a career in public service at the municipal level: WHEREAS, during his time on Salem City Council, Mr. Tarpley served on numerous committees in addition to participation with the Virginia Municipal League and other organizations to benefit the city of Salem; and WHEREAS, upon his resignation as mayor of Salem, Carl E. "Sonny" Tarpley Jr. concludes 32 years of public service with the City of Salem. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this means of recognizing and commending the many services rendered to the City of Salem and its people by the Honorable Carl E. "Sonny" Tarpley Jr. 2. The City Clerk is directed to forward an attested copy of this resolution to the Honorable Carl E. "Sonny" Tarpley Jr.. APPROVED ATTEST' ~ G ';,!,l ~ City Clerk e.~4(~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'" day of July, 2006. No. 37471-071706. A RESOLUTION paying tribute to the Honorable Roger E. Hedgepeth, former mayor of Blacksburg, Virginia, for his exemplary public service. WHEREAS, Mr. Hedgepeth was born in Norfolk, Virginia, and received bachelor's and master's degrees from Virginia Polytechnic Institute and State University in Blacksburg, Virginia; 428 WHEREAS, Mr. Hedgepeth served in the U.S. Army and was employed as a I faculty member in Mechanical Engineering and Cooperative Education at Virginia Tech for 38 years prior to his retirement in 1996; WHEREAS, Mr. Hedgepeth has been actively involved in the community, serving on the Blacksburg-Virginia Tech Liaison Committee, Town-County Liaison Committee, Virginia Tech/Montgomery Airport Authority, Metropolitan Planning Organization Board, and the Blacksburg Partnership Board of Directors, among others, and was the town's elected representative on the Transdominion Express Steering Committee; WHEREAS, having been first elected to Blacksburg Town Council in 1980, Mr. Hedgepeth served as Blacksburg's mayor from 1982 to 2006; WHEREAS, Mr. Hedgepeth has actively promoted Blacksburg's innovations in modern government and led in economic development, downtown enhancement and the pursuit of an assured future for all its citizens; WHEREAS, upon his resignation as Blacksburg mayor, Roger E. Hedgepeth concludes 26 years of public service with the Town of Blacksburg. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as I follows: 1. This Council adopts this means of recognizing and commending the many services rendered to the Town of Blacksburg and its people by the Honorable Roger E. Hedgepeth. 2. The City Clerk is directed to forward an attested copy of this resolution to the Honorable Roger E. Hedgepeth. APPROVED ~~)~ Mary F. Parker City Clerk ~Ud~' C. Nelson Harris Mayor I I I I '.!::j 429 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'" day of July, 2006. No. 37472-071706. AN ORDINANCE to appropriate funding from the Federal government for the Summer Food Program, amending and reordaining certain sections of the 2006-2007 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 2006-2007 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 01-620-8170-2034 01-250-9310-9535 $(40,000.00) 40,000.00 35-620-5291-1004 35-620-5291-1120 35-620-5291-2066 37,157.00 2,843.00 210,400.00 35-620-5291-5291 35-620-5291-5292 210,400.00 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: /J ~~ -JfL/.~ Mary F. Parker City Clerk e.~~ c. Nelson Harris Mayor / ,/" , / / i 430 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 17'" day of July, 2006. No. 37473-071706. A RESOLUTION authorizing acceptance of additional allowable reimbursements from the USDA Food and Nutrition Service in the amount of $40,000.00 on behalf of the City to provide for the nutritional needs of 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. Additional funding from the USDA Food and Nutrition Service in the amount of $40,000.00 to provide for the nutritional needs of children and youth during the summer months, as set forth in the City Manager's letter dated July 17, 2006, to City Council, is hereby ACCEPTED. 2. The City Manager, or the City Manager's designee, is authorized to execute, and the City Clerk is authorized to attest, for and on behalf of the City, I any and all requisite documents pertaining to the City's acceptance of the additional funding from the USDA Food and Nutrition Service and to furnish such additional information as may be required in connection with the City's acceptance of the foregoing funds. All documents to be executed on behalf of the City shall be approved as to form by the City Attorney. APPROVED ATTEST: -fZ.... 3:z, -J ~ City Clerk ~W~tf~ C. Nelson Harris Mayor I I I I ....... 431 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 7'h day of July, 2006. No. 37474-071706. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grant,. amending and reordaining certain sections of the 2006-2007 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 2006-2007 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Temporary Wages Transfer to Grant Fund Grant Fund Appropriations Regular Employee Salaries City Retirement ICMA Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Revenues Urban & Community Forestry Grant FY07 Urban & Community Forestry Grant FY07 Local Match 01-620-4340-1004 01-250-9310-9535 35-620-4349-1002 35-620-4349-1105 35-620-4349-1116 35-620-4349-1120 35-620-4349-1125 35-620-4349-1126 35-620-4349-1130 35-620-4349-1131 35-620-4349-4349 35-620-4349-4350 $(8,887.00) 8,887.00 16,942.00 2,560.00 650.00 1,296.00 2,070.00 123.00 191.00 42.00 14,987.00 8,887.00 432 Pursuant to the provisions of Section 12 of the City Charter, the second I reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST' -fl. /j';;Jj ~ City Clerk eiLt~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17''' day of July, 2006. No. 37475-071706. A RESOLUTION authorizing the acceptance of an Urban and Community Forest Grant to fund a part-time Urban Forestry Planner to work with the City's I Urban Forester on natural resource stewardship for Roanoke forest and park land; and authorizing the execution of the necessary documents, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Urban and Community Forest Grant, in the amount of $14,987.00, to fund a part-time Urban Forestry Planner to work with the City's Urban Forester on natural resource stewardship for Roanoke forest and park land, and as more particularly set forth in the letter dated July 17, 2006, from the City Manager to this Council. I I I I '.' ~ .' 433 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, an agreement with the Virginia Department of Forestry, and any other forms necessary to accept such grant, such forms to be approved as to form 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 ~:., j ~ Mary F. Parker City Clerk c~ L{~ C. Nelson Harris . Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'" day of July, 2006. No. 37476-071706. AN ORDINANCE to transfer funding from the Parking Fund Retained Earnings for emergency engineering analysfs and repair needs at the Market Garage, amending and reordaining certain sections of the 2006-2007 Parking Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE.IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2006-2007 Parking Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Fund Balance Retained Earnings - Available Appropriations Appropriated from General Revenue 07-3348 $(500,000.00) 07-540-8258-9003 500,000.00 434 Pursuant to the provisions of Section 12 of the City Charter, the second I reading of this ordinance by title is hereby dispensed with. ~~ J fL- Mary F. Parker . City Clerk APPROVED c..U~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'" day of July, 2006. No. 37477-071706. AN ORDINANCE to appropriate funding from the Federal Emergency Management Agency through its Hazard Mitigation Grant Program to acquire I properties in the flood plain, amending and reordaining certain sections of the 2006-2007 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 2006-2007 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Federal Grant Funds Revenues FEMA-Flood Plain Property Acquisition 08-530-9734-9002 $316,980.00 08-530-9844-9928 316,980.00 I I I I .: ~ ~.. 435 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED 7\T~ i L e...U~~ c. Nelson Harris Mayor Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'" day of July, 2006. No. 37478-071706. AN ORDINANCE authorizing the acquIsItion and demolition of certain property located at 1921 Knollwood Road, S. W., 1909 Meadowbrook Road N. W., and 4420 Northwood Drive, N. W., which is subject to repetitive flooding, under the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program administered through the Commonwealth of Virginia Department of Emergency Management; authorizing the closing of the Hazard Mitigation Grant 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 is authorized to execute the necessary documents, upon form approved by the City Attorney, to acquire the real property located at 1921 Knollwood Road, S. W., being Official Tax No. 5050616, owned by Timothy B. and Jann T. Tunnell, 1909 Meadowbrook Road, N. W., being Official Tax No. 6140706, owned by Afton N. McGhee, and 4420 Northwood Drive, N. W., being Official Tax No. 6140711, owned by Lenora M. and Christopher R. Stevens, subject to a satisfactory environmental site inspection and title review, under the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program administered through the Commonwealth of Virginia Department of Emergency Management, and to demolish the structures located thereon, and place restrictive covenants on the properties, upon the terms and conditions contained in the City Manager's July 17, 2006, letter to City Council. 436 2. Upon completion of the demolition of the structures located on I these properties, the Hazard Mitigation Grant Program is to be closed in . accordance with the requirements of the Federal Emergency Management Agency. 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 ~~ 1. rL- Mary F. Parker City Clerk c.J~,.eV\~~ C. Nelson Harris Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 1 7'h day of July, 2006. I No. 37479-071706. A RESOLUTION authorizing the appropriate City officials to execute an Amendment No. 2 to the 2004-2005 Agreement with the City of Roanoke Redevelopment and Housing Authority ("RRHA") to conduct additional 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. 37391-051106, adopted May 11,2006, Council approved, among other purposes, additional funding for additional RRHA housing activities; I I I I '. P.,,' 437 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.2 to 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 July 17, 2006. APPROVED f1;T"d ) ~ Mary F. Parker. City Clerk t~~ C. Nelson Harris Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 1 7'h day of July, 2006. No. 37480-071706. A RESOLUTION authorizing the City Manager to procure police requested towing services. WHEREAS, a number of citizens have raised concerns and voiced complaints with the Police Department regarding towing services currently provided through the City's list of towing companies; WHEREAS, many of these concerns have related to inequitable pricing charged by the towing companies currently on the City's towing list: WHEREAS, by law the only way that the City can regulate the price of such police requested towing services is by contracting for such police requested towing services; WHEREAS, pursuant to Section 46.2-1217, Code of Virginia, the governing body of any county, city or town may contract for services rendered to provide police requested towing services; and 438 WHEREAS, the City Manager has recommended that police requested towing services be procured by contract to better ensure that the City's citizens I receive quality service at a fair and equitable price. 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 procure and contract for police requested towing services with one or more towing contractors. 2. The City Manager is hereby authorized to procure such services in such manner as she deems most appropriate consistent with the procurement procedures set forth for by law. 3. The City Manager is hereby authorized to execute such contract(s) with one or more towing contractors and any other necessary appropriate documents, in such form as is approved by the City Attorney. APPROVED A~~ -J L Mary F. Parker City Clerk e,~ I C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'" day of July, 2006. No.37481-071706. AN ORDINANCE to appropriate funding from the Commonwealth and a private donor for the Algebra Readiness Summer Program and Thurman Foundation Grant, amending and reordaining certain sections of the 2006-2007 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 2006-2007 School Fund Appropriations be, and the same are I hereby, amended and reordained to read and provide as follows: I I I Appropriations Compensation of Teachers Social Security Educational and Recreational Supplies Supplements Social Security Conve ntion slEd ucatio n Other Miscellaneous Payments Educational and Recreational Supplies Revenues State Grant Rece i pts Outside Third Parties 439 30-062-6902-0121-6108 30-062-6902-0201-6108 $4,180.00 320.00 30-062-6902-0614-6108 30-063-6617-0129-6100 30-063-6617-0201-6100 30-063-6617-0554-6100 30-063-6617-0586-6100 500.00 6,225.00 475.00 250.00 330.00 30-063-6617-0614-6100 220.00 30-062-6902-1100 30-063-6617-1105 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. ATTEST: .. e (J';J,/ W-<-- City Clerk APPROVED e. ~~.~1'~,- ~.~.,.~~. . . - C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 7'h day of July, 2006. No. 37482-071706. AN ORDINANCE to transfer funding from the debt service contingency for the Monterey Elementary School and Patrick Henry High School capital projects, amending and reordaining certain sections of the 2006-2007 School and School Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. 440 BE IT ORDAINED by the Council of the City of Roanoke that the following I sections of the 2006-2007 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 Interest 30-066-7700-0902-6998 $(1,300,000.00) Transfer to School Capital Projects Fund 30-066-7700-9531-6998 1,300,000.00 School Ca-Ri.tal Proiects Fund Appropriations Appropriated from General Revenue 31-065-6074-9003-6896 Appropriated from General Revenue 31-065-6066-9003-6896 Revenues Transfer from School Fund 31-110-1234-1127 600,000.00 700,000.00 1,300,000.00 I Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~T~:J L Mary F. Parker City Clerk e, LtJ-(l~ C. Nelson Harris Mayor I I I I 441 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'" day of July, 2006. No. 37483-071706. A RESOLUTION changing the place of commencement of the joint meeting of City Council and the Roanoke City School Board scheduled to be held at 9:00a.m., on Monday, August 7, 2006. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The place of commencement of the joint meeting of City Council and the Roanoke City School Board scheduled to be held at 9:00 a.m. on Monday, August 7, 2006, at 215 Church Avenue, S. W., Room 159, is hereby changed to the Media Center at Jackson Middle School, at 1004 Montrose Avenue, Roanoke, Virginia 24013, with the 2:00 p.m. session on the same date to be held in City Council Chambers of the Municipal Building, at 215 Church Avenue, S. W., in the City of Roanoke. 2. Resolution No. 37467-070306, adopted July 3, 2006, 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 August 7, 2006, meeting. APPROVED DT: J~ 'Mary).::! City Clerk e. 4at-#~ C. Nelson Harris Mayor 442 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 17'" day of July, 2006. No. 37484-071706. AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Dalton Place, LLC, and A & J Holdings, Inc., filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close 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 City Council on July 17, 2006, after due and timely notice thereof as required by ~30-14, I 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, City 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: Granger Road, S. W., lies between properties identified as Tax Map Nos. 5470207,5470301,5470205 and 5470206, be, and is hereby permanently vacated, discontinued and closed, and that all I right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion I I I 443 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 applicants 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, 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, and allocating sufficient property to Official Tax No. 5470206 that will result in the existing structure on the property being entirely on a legal lot of record. BE IT FURTHER ORDAINED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicants shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of Eight thousand one hundred thirty dollars and no cents ($8,130.00) as consideration pursuant to ~15.2-2008, Code of Virginia (1950), as amended, for the vacated right-of-way. BE IT FURTHER ORDAINED that the applicants 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 applicants, 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. 444 BE IT FURTHER ORDAINED that the applicants shall, upon a certified copy I 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 Il~ Mary F. Parker City Clerk J~i-~ ~uJ~~ ATTEST: C. Nelson Harris Mayor I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'" day of July, 2006. No. 37485-071706. AN ORDINANCE to amend ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Trustees of Metropolitan Community Church of the Blue Ridge have made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described property rezoned from RM-2, Residential Mixed Density District, to IN, Institutional District, subject to certain I conditions proffered by the applicant; and I I I 445 WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; and WHEREAS, a public hearing was held by City Council on such application at its meeting on July 17, 2006, after due and timely notice thereof as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, City Council, after conSidering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion 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 . ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax No. 4120113, be, and is hereby rezoned from RM-2, Residential Mixed Density District, to IN, Institutional District, subject to the proffers contained in the Amended Petition filed by the Trustees of Metropolitan Community Church of the Blue Ridge, in the Office of the City Clerk on June 21, 2006. 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: J~ ~U~~. n~ j Mary F. Parker City Clerk C.Nelson Harris Mayor 446 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 17'" day of July, 2006. No. 37486-071706. AN ORDINANCE to amend ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by repealing Ordinance No. 34610-010400, to the extent such ordinance placed certain conditions on Official Tax No. 7090408, located on Orange Avenue, N. E., and placing a new proffer on the subject property; and dispensing with the second reading by title of this. ordinance. WHEREAS, Arellano Orange, LLC, has filed an application with the Council of the City of Roanoke to repeal Ordinance No. 34610-010400, adopted January 4, 2000, to the extent such ordinance placed certain conditions upon property bearing Official Tax No. 7090408, located on Orange Avenue, N. E., and to place a new condition proffered by the applicant on the property bearing Official Tax No. 7090408: WHEREAS, the City Planning Commission, which after giving proper notice I to all concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on said application at its meeting on July 17, 2006, after due and timely notice thereof as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; 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, finds that the public necessity, convenience, general welfare and good zoning practice, require the repeal of Ordinance No. 34610-010400, adopted January 4, 2000, to the extent such ordinance placed certain conditions upon property bearing Official Tax No. 7090408, located on Orange Avenue, N. E., and the adoption of the proffer pertaining to the subject property as set forth herein, and for those reasons, is of the opinion that the subject property should be rezoned as herein provided. I I I I 447 THEREFORE, BE ITORDAINED by the Council of the Cftyof Roanoke that: 1. Ordinance No. 34610-010400, adopted by the City. Council on January 4, 2000, to the extent that it placed certain conditions on Official Tax No. 7090408, is hereby REPEALED, and that ~36.2-1 00, Code of the City of Roanoke. (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, is hereby amended to reflect such action. 2. . The proffers set forth in the Second Amended Petition to Amend Proffered Conditions filed in the City Clerk's Office on June 6, 2006, are accepted and placed on the property bearing Official Tax No. 7090408, so that such property will be zoned CG, Commercial-General District, with conditions proffered by the applicant, and that ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, . dated December 5, 2005, as amended, be amended to reflect such action. 3. Pursuant to the provisions of ~ 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. . APPROVED n~cJ~ Mary F. Parker City Clerk ~.~~, C. Nelson Harris Mayor 448 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 7'h day of July, 2006. No. 37487-071706. AN ORDINANCE exempting from real estate property taxation certain property located in the City of Roanoke of Western Virginia Emergency Medical. Services Council, Ine., 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, Western Virginia Emergency Medical Services Council, Ine., (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 17, 2006; 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, including the land and any building located thereon, identified by Roanoke City Tax Map No. 6140712, commonly known as 1944 Peters Creek Road, N. W., (the "Property"), and owned by the Applicant, 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; I I I I I I 449 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates Western Virginia Emergency Medical Services Council, Ine., 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. 6140712, commonly known as 1944 Peters Creek Road, N. W., and 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 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 1,2007, 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 Dr. Robert H. Logan, III, Executive Director, Western Virginia Emergency Medical Services Council, Ine. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 1. /2J' - (! ,1Il&K-~ /\~ Mary F. Parker City Clerk C. Nelson Harris Mayor 450 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 7'h day of August, 2006. No. 37488-080706. A RESOLUTION accepting the Crime Analysis Grant offer made to the City by 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 of Roanoke does hereby accept the Crime Analysis Grant offered by the Department of Criminal Justice Services, in the amount of $12,653.00 with a local match of $4,218.00, upon all the terms, provisions and conditions relating to the receipt of such funds. The grant is more particularly described in the letter of the City Manager to Council dated August 7, 2006. 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, all such documents to be approved as I to form by the City Attorney. 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 ATTEST: ~~.~ Deputy City Clerk C:f~~ C. Nelson Harris Mayor I I I I . ..,' ',;, , .";. !:..:~,";... 451 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'" of Au gun, 2006. No. 37489-080706. AN ORDINANCE to appropriate 'funding from the Commonwealth of Virginia for the Crime Analysis Grant, amending andreordaining certain sections of the 2006-2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Employee Wages FICA Expendable Equipment Revenues Crime Analysis Grant FY07 Crime Analysis Grant Local FY07 35-640-3452-1004 35-640-3452-1120 35-640-3452-2035 $12,880.00 985.00 3,006.00 12,653.00 4,218.00 35-640-3452-3452 Match 35-640-3452-3453 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: ~m.YI[~. Stephanie M. Moon Deputy City Clerk c.~~~ C. Nelson Harris Mayor 452 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 7" day of August, 2006. No. 37490-080706. A RESOLUTION accepting the Rescue Squad Assistance Fund grant offer made to the City by the Virginia Department of Health, Office of Emergency Medical 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 Rescue Squad Assistance Fund grant offered by the Virginia Department of Health, Office of Emergency Medical Services, in the amount of $42,235.00 with a local match of $47,559.00, upon all the terms, provisions and conditions relating to the receipt of such funds for the purchase of an ambulance. The grant is more particularly described in the letter of the City Manager to Council dated August 7, 2006. 2. The City Manager and the City Clerk are hereby authorized to I execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the 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 in connection with the City's acceptance of this grant. APPROVED ATTEST: ~ hpfr)OhV Stephanie M. Moon l Deputy City Clerk c.tt~'L-~ C. Nelson Harris Mayor I I I I :"j ! '. : ~ :' :ri~ 453 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'h day of August, 2006. No. 37491-080706. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant, amending and reordaining certain sections of the 2006-2007 Grant 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 2006-2007 Grant and Fleet Management Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Vehicular Equipment 35-520-3570-9010 Revenues RSAF - Ambulance - State FY07 3S-520-3570-3570 RSAF - Ambulance - Fleet FY07 35-520-3570-3571 Fleet Manaaement Fund Appropriations Vehicular Equipment Transfer to Grant Fund 17-440-2642-9010 17-440-2643-9535 $89,794.00 42,23S.00 47,559.00 (47,559.00) 47,559.00 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: ~1r].hJ~ Stephanie M. Moon Deputy City Clerk ,", (J,:1M~ C. Nelson Harris Mayor 454 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7'" day of August, 2006. No. 37492-080706. A RESOLUTION accepting the Local Government Challenge Grant made to the City from the Commonwealth of Virginia Commission for the Arts, 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 Local Government Challenge Grant in the amount of $5,000.00 upon all the terms, provisions, and conditions relating to the receipt of such funds, all as is more particularly described in the letter of the City Manager to Council dated August 7, 2006. 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. 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 ATTEST: ~m.~~ Stephanie M. Moon Deputy City Clerk. t.Wl\.-~~\q C. Nelson Harris Mayor I I I I I I ":",'l '. .' \(.~~. 455 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'" day of August, 2006. No. 37493-080706. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Local Government Challenge Grant, amending and reordaining certain sections of the 2006-2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Roanoke Symphony Orchestra Arts Council Of The Blue Ridge Mill Mountain Theatre Opera Roanoke Roanoke Ballet Theatre, Ine. Young Audiences of Virginia Revenues Local Challenge Grant FY07 35-410-8741-3736 35-410-8741-3737 35-410-8741-3749 35-410-8741-3762 35-410-8741-3779 35-410-8741-3802 $ 833.00 833.00 833.00 833.00 834.00 834.00 35-410-8741-8741 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: ~fr;.tr;~ Stephanie M. Moon Deputy City Clerk (L.~ ~WvWl' C. Nelson Harris Mayor ';, .. 456 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'" day of August, 2006. No. 37494-080706. AN ORDINANCE amending Section 20-17, ReiJTI.'p'ursement of expenses incurred in respondinq to DUI incidents and other traffic incidents, Article I, In General, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended; 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 Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending Section 20-17, Reimbursement of expenses incurred in respondinq to DUI incidents and other traffic incidents, Article I, In Genera!, of Chapter 20, Motor Vehicles and Traffic, to read and provide as follows: ARTICLE I IN GENERAL ~ 20-17 Reimbursement of expenses incurred in respondinq to DUI incidents and .o.ther traffic incidents. A. A person convicted of violating any of the following provisions shall be liable in a separate civil actien for I easen-able~~ for restitution at the time of sentencing for reasonable expenses incurred by the city or by any responding volunteer fire or rescue squad, or both, when providing an appropriate emergency response to any accident or incident related to such violation: 1. The provisions of ~ 18.2-51.4, 18.2-266 or 29.1-738 of the Code of Virginia (1950), as amended, or similar city ordinances including ~ 20-52, when such operation of a motor vehicle, engine, train or watercraft while so impaired is the proximate cause of the accident or incident; 2. The provisions of Article 7 (~ 46.2-852 et seq.)of Chapter 8 of Title 46.2 of the Code of Virginia (1950), I I I I I I ...' ','.'~ ,". \ '."1', -~'. ' ',:1\: ';1' ~~~.:\' 457 as amended, relating to reckless driving, when such reckless driving is the proximate cause of the accident or incident; 3. The provisions of Article 1 (~ 46.2-300 et seq.) of Chapter 3 of Title 46.2 of the Code of Virginia (1950), as amended, relating to driving without a license or driving with a suspended or revoked license; and 4. The provisions of ~ 46.2-894 of the Code of Virginia (1950), as amended, relating to improperly leaving the scene of an accident. B. Personal liability under this section for reasonable expenses of an appropriate emergency response shall not exceed one thousand dollars ($1,000.00) in the aggregate for a particular accident or incident occurring in the city. In determining the "reasonable expenses," the city may bill a flat fee of one hundred dollars ($100.00) two hundred and fifty dollars ($250.00). or a minute by minute accounting of the actual costs incurred. As used in this section, "appropriate emergency response" includes all costs of providing law- enforcement, fire-fighting, rescue, and emergency medical services. The provisions of this section shall not preempt or limit any remedy available to the Commonwealth, to the city, or to any volunteer rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving impaired driving, operations of a vehicle or other conduct as set forth herein. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~h7'lrJtrmJ Stephanie M. Moon Deputy City Clerk e/lAJ,-,~ c. Nelson Harris Mayor 458 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 7'" day of August, 2006. No. 37495-080706. AN ORDINANCE to appropriate additional funding from Driving Under the Influence (DUn Recovery Program Fees, amending and reordaining certain sections of the 2006-2007 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 2006-2007 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment 01-640-3113-2035 $15,000.00 Revenues DUI Offender Fee 01-110-1234-1412 15,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second I reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~M.~ Stephanie M. .Moon Deputy City Clerk Q (tAJ~M~ C. Nelson Harris Mayor I I I I '. '.,.~. "r~' '" 459 IN THE COUNCIL OF THE ~IT~..OF ROANOKE, VIRGINIA, The 7'h day of August, 2006: No. 37496-080706: AN ORDINANCE amending ~6-24, Prohibited in public halls. restaurants. ~of Article II, Doqs Gen~rg'!!y', of Chapter 6, Animals and Fowl, Code of the City of Roanoke to delete the prohibition against dogs in the market square; 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 6-24, Prohibited in public halls. restaurants. ete., of Article II Doqs Generally, of Chapter 6, Animals and Fowl, Code of the City of Roanoke, be, and it is hereby amended to read and provide as follows: Section 6-234. Prohibited in public halls. restaurants. etc (a) It shall be unlawful for the owner of any dog to allow, cause or permit such dog to enter any public hall, restaurant, outdoor dining area, ice cream parlor, or the public market building Qr-t-he--market square at any time, or any office or store during the time that such office or store is open for public business, whether or not the dog is muzzled or on leash or otherwise under the immediate control of such owner. (b) It shall be unlawful for the owner of any dog to allow, cause or permit such dog to be in any hallway of any building occupied by two (2) or more families, unless such dog is effectively caged, muzzled or physically carried or held by leash by a person thoroughly capable, physically and mentally, of controlling such dog. (c) The provisions of this section shall not apply to "seeing-eye" dogs properly trained to assist blind persons, when such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place. 460 2. Pursuant to the prOVISions of Section 12 of the City Charter, the I second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ht.~ Stephanie M. Moon Deputy City Clerk C?-.~~ ~ C.Nelson Harris Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 7''' day of August, 2006. No. 37497-080706. A RESOLUTION amending the City's Fee Compendium to establish a fee for a second or additional 96-gallon automated trash container fee for residents I and small business owners to use in the disposal of their trash; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The following fee shall be charged for a second or additional 96- gallon automated trash container for residents and small business owners to use in the disposal of their trash, as the first container is provided to each resident and small business owner at no charge: Second or additional 96-gallon automated trash container fee: $60.00 2. 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 reflect the new fee for purchasing a second or additional 96- gallon automated trash container for residents and small business owners to use in the disposal of their trash, as the first container is provided to each resident and small business owner at no charge. I I I I ...... :.' """:"'''' 461 3. Resolution No. 32412~032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. . . . 4. The fee established by this Resolution will become effective immediately upon its passage, and shall remain in effect until amended by this Council. . APPROVED ATTEST: ~~~ Deputy City Clerk C.1I\&k.-~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'" day of August, 2006. No. 37498-080706. A RESOLUTION authorizing the City Manager's issuance and execution of Amendment No. 1 to the City's Three Year Bridge, Culvert, Sign, and Parking Garage Inspection contract with Hayes, Seay, Mattern & Mattern, Ine., for additional engineering services for the second year of the contract. 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. 1 to the City's Three Year Bridge, Culvert, Sign, and Parking Garage Inspection contract with Hayes, Seay, Mattern & Mattern, Ine., for additional engineering services, all as more fully set forth in the City Manager's letter to Council dated August 7, 2006. 2. The form of the Amendment shall be approved by the City Attorney. 462 3. Such Amendment No.1 will provide authorization for additions to .1 the work, with an increase in the amount of the contract of an additional $69,900.00, all as set forth in the above letter. APPROVED ATTEST: -. ;r;. rn~ Stephanie M. Moon L Deputy City Clerk ~._,w~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'" day of August, 2006. No. 37499-080706. A RESOLUTION authorizing the City Manager's issuance and execution of I Amendment No. 1 to the City's Three Year Bridge, Culvert, Sign, and Parking Garage Inspection contract with Mattern & Craig, Ine., for additional engineering services for the second year of the contract. 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.1 to the City's Three Year Bridge, Culvert, Sign, and Parking Garage Inspection contract with Mattern & Craig, Ine., for additional engineering services, all as more fully set forth. in the City Manager's letter to Council dated August 7, 2006. 2. The form of the Amendment to shall be approved by the City Attorney. I I I I ,', , 463 3. Such Amendment No. 1 will provide authorization for additions to the work, with an increase in the amount of the contract of an additional $83,400.00, all as set forth in the above letter. APPROVED ATTEST: ~rr;. hjlJt"vV Stephanie M. Moon Deputy City Clerk c .r\\J~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'h day of August, 2006. ., No. 37500-080706. ", . AN ORDINANCE authorizing a fourth amendment to. an existing lease for offjce space of City owned property known as the Commonwealth Building, located at 210 Church Avenue, between the City of Roanoke and the Commonwealth of Virginia, Department of General Services/ Division of Engineering and Buildings, for an extension of such lease for a term of four months, 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, for and on behalf of the City, to execute and attest, respectively, upon form approved by the City Attorney, a fourth amendment to the lease between the City of Roanoke and the Commonwealth of Virginia, Department of General Services/ Division of Engineering and Buildings, extending such lease for a term of four months, commencing July 1, 2006, and terminating on October 31, 2006, upon the same terms and conditions as the existing lease, as further stated in the City Manager's letter to Council dated August 7, 2006. 464 2. Pursuant to the provIsions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. I APPROVED ATTEST: .. ~ h1.~ Stephanie M. Moon Deputy City Clerk e.1LJ,vv ~ C. Nelson Harris Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 7'" day of August, 2006. No. 37501-080706. A RESOLUTION authorizing the appropriate City officials to execute Amendment NO.1 to the 2004-2005 Community Development Block Grant and I HOME Investment Partnership Program Agreement with the Roanoke Redevelopment and Housing Authority, 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, Amendment No.1 to 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 Housing Authority to funds for the "Park Street Square" project and other matters, and any additional necessary documents related to such Agreement and Amendment No.1, such documents to be approved as to form by the City Attorney, as more particularly set out in the City Manager's letter dated August 7, 2006, to City Council. APPROVED ATTEST: ~~:of:i.~-J Deputy City Clerk ~.1kfL~ C. Nelson Harris Mayor I I I I 465 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'" day of August, 2006. No. 37502-080706. AN ORDINANCE authorizing the proper City officials to execute a contract to sell to Blue Hills Village, LLC, certain City owned property located in the Roanoke Centre for Industry and Technology (RClT) located at the intersection of Orange Avenue, N. E., and Blue Hills Drive, N. E., and identified as Tax Map No. 7160113, upon certain terms and conditions; authorizing the proper City officials to execute a Deed of Release that will release such property from the Restrictive Covenants applicable to property in RClT; authorizing the City Manager to execute such further documents and take such further action as may be necessary to accomplish the above matters; and dispensing with the second reading by title of this Ordinance. WHEREAS, the Council for the City of Roanoke, after proper advertisement, held a public hearing on the above matters on July 17, 2006, pursuant to Sections 15.2-1800 and 15.2-1813, of the Code of Virginia (1950), as amended, at which hearing all parties and citizens were afforded an opportunity to be heard on the above matters; and WHEREAS, after closing the public hearing, Council continued the matters to the August 7, 2006, Council meeting. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1 . The City Manager and the City Clerk are .authorized on behalf of the '-City to execute and attest, respectively,- a contract to sell to Blue Hills Village, LLC, certain City owned property located in the RCIT at the intersection of Orange Avenue, N. E., and Blue Hills Drive, N. E., consisting of approximately 11.067 acres and identified as Tax Map No. 7160113, upon certain terms and conditions as set forth in the contract attached to the City Manager's letter to this Council dated August 7, 2006. Such contract is to be substantially similar to the one attached to such letter, and in a form approved by the City Attorney. 466 2. The City Manager and the City Clerk are authorized on behalf of the I City to execute and attest, respectively, a Deed of Release releasing only the above mentioned property identified as Tax Map No. 7160113 from the Restrictive Covenants applicable to the property located in the RClT once the approvals needed for such a release have been obtained. Such Deed of Release is to be in a form approved by the City Attorney. 3. The City Manager is further authorized to execute such further documents, including a Deed of Conveyance, and take such further action as may be necessary to accomplish the above matters and complete the sale of the above-mentioned property to Blue Hills Village, LLC, with the form of such documents to be approved by the City Attorney. 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: ~~m.n;~ Stephanie M. Moon Deputy City Clerk C%L C. Nelson Harris Mayor I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7'h day of August, 2006. No. 37503-080706. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of City owned property, designated as Official Tax Map No. 7390713, containing 0.2457 of an acre, located on Nelms Lane, N. E., to L & L Development Corporation, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on July 17, 2006, 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 I such conveyance. I I I 467 THEREFORE, 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 to L & L Development Corporation by a quitclaim deed, a parcel of City-owned property containing 0.2457 of an acre, being Official Tax No. 7390713, located on Nelms Lane, N. E., for the consideration of $25,000.00, upon the terms and conditions set forth in the City Manager's letter to this Council dated August 7, 2006. 2. All documents necessary for this conveyance shall be upon form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: M.~.~.; h7.Pj ~ Stephanie M. Moon. .. Deputy City Clerk 0M&~Q}~ ., C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of August, 2006. No. 37504-082106. A RESOLUTION memorializing the late James R. Olin, a former Vice- President of the General Electric Company, and a 10-year representative of Virginia's 6'" District in the U.S. House of Representatives. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Olin on Saturday, July 29, 2006; WHEREAS, Mr. Olin was born February 28, 1920, in Chicago, Illinois, the oldest of three children of Harry Arthur and Katherine Davis Price Olin; 468 WHEREAS, Mr. Olin grew up in Kenilworth, Illinois, and attended New Trier I High School, where he was elected class president and was a member of the football team; WHEREAS, Mr. Olin attended Deep Springs College in California before transferring to Cornell University, where he earned a degree in electrical engineering; WHEREAS, Mr. Olin met Phyllis Avery while at Cornell University and the two were married in October 1944 after her college graduation and his graduation from the Signal Corps Officers Candidate School at Fort Monmouth, New Jersey; WHEREAS, Mr. Olin served in the U.S. Army during World War II and was stationed in Alaska for eight months: WHEREAS, after his discharge from the Army, Mr. Olin joined the General Electric Company as a test engineer in Erie, Pennsylvania, and later worked for G. E. in Schenectady, New York; WHEREAS, following various manufacturing assignments with G. E.'s control and motors businesses, Mr. Olin was named manager for the Small AC I Motor and Generator Department in Schenectady in 1960; WHEREAS, in Schenectady Mr. Olin began a life-long interest in politics and started working for local, state, and national candidates, and was elected Supervisor of the Town of Rotterdam, New York, his first elective political office; WHEREAS, in 1963, Mr. Olin was promoted to manager of the Industrial Motor and Generator Section for the Direct Current Motor and Generator Department in Erie, and in 1966 was appointed manager of the Transportation Equipment Products Operation: WHEREAS, in 1968 Mr. Olin moved to Roanoke, Virginia, to become general manager of the Industrial Control Department in Salem, Virginia, and went on to become manager of the Drive Systems Department in 1970 and, in 1980, a division general manager of G. E.'s new Industrial Electronics Division; WHEREAS, Mr. Olin was named a G. E. Vice-President in July 1980 and took early retirement from G. E. in 1982; WHEREAS, after his retirement from G. E., Mr. Olin decided to run for the U.S. Congress and was elected as a Democrat in November 1982 to represent I the 6th District of Virginia; I I I 469 WHEREAS, as a member of Congress, Mr. Olin served on the Agriculture and Small Business committees; WHEREAS, Mr. Olin retired from Congress in 1993 after serving for 10 years; WHEREAS, Mr. Olin received an honorary Doctor of Laws degree from Washington and Lee University in June 1992; WHEREAS, Mr. Olin was active in his community including service on the boards of the Burrell Memorial Home, the Mental Health Association, the United Way, the Salem-Roanoke Chamber of Commerce, the Roanoke Symphony, the Virginia Manufacturers Association, the United Negro College Fund, Deep Springs College, and the Unitarian-Universalist churches he attended; WHEREAS, Mr. Olin and his wife, Phyllis, moved to Charlottesville, Virginia in 2003 to live closer to family; and WHEREAS, of his many accomplishments, Mr. Olin was most proud of his Eagle Scout award, his pngoing association with Deep Springs, his 35-year career at G. E., his sponsorship of the Virginia Wilderness Acts and the Buena Vista flood prevention program while in Congress, and his family with whom he enjoyed camping, canoeing, sailing, hiking, gardening, and classical musie. 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 James R. Olin, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Olin's widow, Phyllis Olin, of Charlottesville, Virginia. APPROVED 7~~ 9L Mary F. Parker City Clerk QJJ~ C. Nelson Harris Mayor 470 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 21" day of August, 2006. No.3 7505-082106. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia through the Compensation Board Technology Trust Fund for the technology upgrades and scanning project in the Office of Circuit Court Clerk, amending and reordaining certain sections of the 2006-2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Furniture and Equipment >$5,000.00 35-120-5152-9005 $ 121,579.00 Revenues Comp Board Tech Trust Fund FY07 35-1 20-S 152-5152 121,579.00 I Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~~g. L Q, ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of August, 2006. No.3 7 506-082106. A RESOLUTION authorizing the acceptance of a gift of a Green Machine I sidewalk sweeper from Downtown Roanoke, Ine. I I I ':;':.i . , " . . .:'. ''rf '>:., :::.',;i , ..~o.l.. ,~, ~..; 471 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The gift of a Green Machine sidewalk sweeper from Downtown Roanoke, Ine. ("DRI"), as set forth in the City Manager's letter dated August 21, 2006, to this Council is hereby ACCEPTED, and by this resolution, City Council expresses its appreciation to DRI for the gift. 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of the gift, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required in 'connection with the City's acceptance of the gift. APPROVED ATTEST: L il~ 1. Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of August, 2006. No. 37507-082106. AN ORDINANCE amending and reordaining ~ 14.1-1, Definitions, ~ 14.1-3, Litterinq, 914.1-15, General container requirements, ~ 14.1-16, Placement for collection qenerally, ~ 14.1-17, Placement of brush. bulk brush and lawn rakinqs for collection, ~ 14.1-18, Time of D.lilcement of individ!!al refuse containers and recvclable containers for collection, ~ 14.1-19, Collection in central business district, ~ 14.1-21, Certain solid waste not to be collected - Generally, ~ 14.1-22, Same - Brush, and ~ 14.1-2 3, Placement and collection of bulk items and brush, ~ 14.1-24, Violation - civil penalty, ~ 14.1-54, General Prohibition, and ~ 14.1-5 5, Notice to Remove, and repealing ~ 14.1-4, When bulk containers required, and 914.1-44, Rate requlation: submission of rate schedules, of Chapter 14.1, Solid Waste Manaqement, of the Code of the City of Roanoke (1979), as amended, for the purpose of updating and clarifying the City's solid waste ordinance; and dispensing with the second reading by title of this ordinance. 472 BE IT ORDAINED by the Council of the City of Roanoke as follows: I 1. Section 14.1-1, Definitions, and ~14.1-3, Litterinq, of Article I, ill qeneral, of Chapter 14.1, Solid Waste Manaqement, of the code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Section 14.1-1. Definitions. (-a} Automated collection container shall mean a container designated by the city manager which shall be used for automated and semi-automated collection service. Automated collection service shall mean collection from a street (not an alley) by the city of automated collection container(s) provided by the city, in which all handling is fully automated, requiring no direct physical contact with the container by the collection worker. (-b} Authorized person shall mean any city employee, any person employed by the city on a t~mporary basis, or any person designated by the city, to rem'ove solid waste, or any person licensed by the city employed to provide bulk container solid waste collection service. I te} Brush shall mean woody or leafy yard debris resulting from ordinary yard maintenance such as tree, shrub or bush trimmings less than three (3) inches in diameter and less than four (4) feet in length. {e} Bulk items shall mean non-~tal bulk items-and l11(t-al-btttk items- any large item not placed within an automated collection container or individual refuse container, including but not limited to, a major household appliance, large rug, mattress, bed springs, or furniture, Bulk item shall also include a plastic garbage bag of at least 13-gallon capacity which must be secured against spillage, (-f1 Central business district shall mean that area bounded on the north by the Norfolk and Western Railroad tracks; on the east by Third Street, S.E.; on the south by Elm Avenue, S.E. from Third Street, S.E. to Jefferson Street, by Day Avenue, S.W., from Jefferson Street, to Franklin Road, S.W., and by Marshall Avenue, S.W., from Franklin Road, S.W., to Fifth Street, SW.; and on the west by Fifth Street, S.W., and shall include all properties fronting on any of the aforementioned streets. I i.':"," ;: ./~~,. ij:' J W: 473 I f9} (,ollt locltJ;llg bulk con-taillel shall Illean a metal cOl1tainer constructed 50 that it Illay be mechanically lifted-onto a ffflflt- loading collectiol1 'vehicle. The---un+t, except ul1its in serlfiee on the date of adoption hereof, shall have sliding doors 011 both s-fdey-attd a hinged door on the top. W Hazardous waste shall mean a "hazardous waste" as defined in section 10.1-1400 of the code of Virginia (1950), as amended. fi7 Individual refuse container shall mean either any plastic Of pol'yethylene bag, the vvalls of vvhich ar-e-at---1east t'NO (2) mils in thickness, or any-water-t-ight receptacle, \Iilith handles, vvhich is made of any container made of substantial plastic, Of galvanized metal, or other material acceptable to the city manager, acceptable Illate! ial, a-nti-whic-h-has not less than eight (8) nor more than thirty fi'v'e (3 S) gallons of capacity. Containing not more than sixty (60) pounds of refuse or recye/ables, and intended to be emptied of refuse or recye/ables and returned to its place of collection. I @ Lawn rakings shall mean debris consisting primarily oflea'ves hedge trimmings and grass clippings, but not brush or loose leaves. containing ntj-br-a-rtehes. La'v'v'Fl rakings vvhieh-eoftt-a-ifl branches shall constitute brush. Lear-season shall mean the period of time from November 1 until December 15 of any calendar year. Loose leaves shall mean debris consisting primarily of leaves resulting from ordinary yard maintenance. fI<7 Metal bulk item shall mean a major household applta-rtee whic-h--is-prcdomiI1antly metal, such as-a-refrigerator, '.vasher, dryer-; sto'v(, vvater heater,...--air conditioner or any other appliance containing a refrigerant. Non-collectable item shall mean any item that will not be collected by the city for disposal, unless otherwise authorized by the city manager. I f\1 t~on metal bulk-item shall mean a large rug, carpet, carpet padding, mattress, or bed springs, -large household ftlffliture, or anything else-which is not I'll edominantly meta\--()r-tJoes not con-t-a-i-fl a refrigerant 474 fm} Occupant shall mean any person over the age of eighteen (18) years occupying or residing on any lot or----par-eel-of land in the city and having, at the time, apparent possession or control thereof. I W Owner shall mean any person who, alone, or jointly or severally with others, has: (1) Legal title to any lot or parcel of land in the city; or (2) Charge, care or control of any lot or---parcel of land in the city, as agent or representative of the owner, or as personal representative, trustee or guardian of the estate of the owner, but who is not a tenant. Parcel means any real estate identified by a city of roanoke official tax number and includes the adjoining public right-of-way which is between the property line of the real estate which is identified by a city of roanoke official tax number and the curb or the improved portion of a street. Such term shall not include any real estate lying in an RA, ReSidential-Agricultural District, as defined elsewhere in this code. I tot Physically challenged service shall mean specialized collection of refuse or recyclables generated by all persons residing in a dwelling unit-,---at-no""i:--h-a-rge;- from a point of collection approved by the city manager, but which is not curbside or alley side, such service to be provided due to the physical difficulty or inability of all adult occupants in the dwelling unit to transport refuse and recyclables to the curbside or alley. W Private property service 5-hall mean collec--t-iofl of refuse or I ecyclables-which requires a 1l10tor-vehicle elltering-upoll private property, such asby a driveway or road. tq7 R-ear-loading-bulk cOlltainel shall mean----a-colltailler which is constructed sa that it may be meeh"811ically lifted~nto a re--ar- loading collection 'vehicle. The unit 5 h"81 I have top-kJading dOOfS 811d a one and one haH-{l 1/1) i-FItCh drain pipe and casters. The 91055 vveight of a real loadillg-bulk cOlltailoel vvith solid vvaste shall loot exceed four thousalld (4,000) pounds. ff} Recyclables shall mean those items identified in regulations promulgated by the city manager as recyclable and acceptable to the city for recycling. I "', ". . ';.;;.:'.~, :.' ~.~~:( 475 I fs-t Recycling container shall mean a cart or bin which is provided by or through the city or is otherwise approved by the city manager. tfI---ne----<:ase shaH-A recycling container shall not be larger than thirty-two (32) gallons, unless authorized by the city manager. fH Refuse shall mean any and all litter, rubbish, garbage, trash, debris or other offensive or unwholesome substance or materials of any nature whatsoever that is generated at the premises from which it is being collected. (1.11 -R-oll-cff-ctmfttin~~an--a--eo 11 tai n e r--wh-tcll- i 5 co nS-tfttC-t-etl 5"t)-th-at-+t- may be-----mee-h-a-flically lifted on-te--a motor vehicle for t-f-a-ft5pettation---a-nd-empo5"af--ef the cOl1tailler's conte-n-ts-:- Sealed compactor shall mean equipment designed to receive and compact refuse, prevent leakage of liquid wastes, and to minimize offensive odors. I Semi-automated collection service shall mean collection from an alley or street by the city of automated collection container(s) provided by the city or of individual refuse container(s) in which some handling by the collection worker is required but such worker is assisted by mechanical equipment. M Solid waste shall mean refuse, brush, lawn rakings, loose leaves, recyclables and bulk items. Transfer station shall mean the Tinker Creek transfer station located on Hollins Road, N.E., in the city. Section 14.1-3. Littering. * -1< *' (f) The above subsections notwithstanding, the city manager may order, in writing, the owner or occupant of any property to remove solid waste found lying or located on the city right-of-way placed there by such person in violation of any provision of this chapter. The order shall be personally served on such owner or occupant by the city manager, who shall note the time, place and manner of such service on a duplicate copy of the notice to be retained by the city manager. In lieu of such personal service, such notice may I 476 be posted on the owner's property in a conspicuous location and a copy of such notice sent through the United States Postal Service by eertified mail postage prepaid, reti:tffl receipt requested-;- addressed to such owner or occupant at his or her last-known address as set forth in the city's real estate valuation records. The notice shall state the time within which the action or work ordered to be done must be completed, and such time shall not be less than twenty-four (24) hours before such responsible owner or occupant shall have received notice of the work ordered to be done. Any owner or occupant receiving such notice shall immediately proceed to remove such solid waste and provide proof of proper disposal acceptable to the city manager, such as a disposal receipt from the transfer station. I * . * 2. _ Section 14.1-4 of Article I, ~neral, of Chapter 14.1, Solid Waste Manaqement, of the Code of the City of Roanoke (1979), as amended, is hereby repealed. Section 1-4'.1 4, !,{hen--bulk .~ontaineLs--reauir_ed. ta7-~Pt in the-- celltlal business district, any busines-Y,- eemmercial establishment, institution, apartment building---(}f multifamHy--dweWng cOl,lplex \',hich is eligible to receive automated refuse coHec-tion and ".thich~-- durillg--an'y' consec---ttttve- f-our "eek perioo, has at any loeation, an a'verage of elelien (11) or more i-ttdividual refuse---c-etttainers "hich are Ilot-automated colleffitm c-ontainersand are approximately one third (1/]) the size---ef-a-rt autohlated collection container~eek, shall be--required to-h-ave a front loading bulk cont-ainer, unless the city manager deter~ that bulk container collection is -inappropl iat-e becaus-e----e-f 1-ftaecessibility to collectioll-l,ehicles --or space limitations -.o-f----t-he premises-invol'ved. I fb} f'x-eept in the central business dfs-triet, any' business, eemmer-<:ial estabHshment, institution, apartmellt building or mu-lt+- family dwelling COnlfllex 'v'v'hich is eligible to rec€i've -automated r€fuse coHec-tion sel via and "I,ich, during any quartelly billillg pel iod, has at any location, an average of more than three (-37 atlt-omated collection containers- per '"eek, not includihg--recycling eent-ainers or otl,el ieeyclables, shall be i f:qtlired---tfr--have a front loading bulk container, unless the city- manager determines that I I I I ....:;, ".;".,:;:j"..' " !', . "~. . ' <> : :1.: ".,./'j '1, ,f 477 bulk cOl1tainer collection is inappropriate because of inaccessibility ttK:-ellectiol'l v(hic-l~s-pac-e-Iimf-t-ationYt)f the premises involved. 3. Section 14.1-15, Gelleral container requirements, ~14.1-16, Placement for collection qenerally, ~ 14.1-17, Placement of brush. bulk brush and lawn rakinqs for collection, ~ 14.1-18, Time of placement of individual refuse containers and recyclable containers for collection, ~ 14.1-19, Collection in central business district, ~ 14.1-21, Certilin solid waste not to be collected - Generally, ~ 14.1-22, $.ilme - 6rush, and ~ 14.1-23, Placement and collection of bulk items and brush, and ~ 14.1-24, Violation - civil penalty, of Division 1, Generally, 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, are hereby amended and reordained to read and provide as follows: Section 14.1-15. General container requirements. (a) Except in the central business district, any owner or occupant of any dwelling unit, business, commercial establishment, institution, or other location except those for 'v'ilhich a bttlk c-ont-affler-is-r-etjttired b'y'-dhlision 2 of this article, who sets out any solid \',aste, but not recyclables, refuse, including lawn rakings and loose leaves, for collection by the city shall place the same in an automated collection container, except as provided for in section 14.1-17 for loose leaves during leaf season and as provided for in section 14.1 +1- 23 of this article for bulk items. (b) Except in the central business district, any owner or occupant of any dwelling unit, business, commercial establishment, institution, or other location who sets out any recyclables for collection shall place such recyclables in a recycling container, or as otherwise provided. Only recyclables shall be placed in a recycling container. (c) No individual refuse cOhtaincr or recycling container, together with the s-olid "aste or recyclables therein, shall exceed sixty (60) pounds in weight, except as otherwise authorized by the city manager. exeept for automated coHectiol'l containers. (d) An automated collection container shall not exceed the following weights when containing solid waste: ninety-six (96) gallon (two hundred (200) pounds), sixty-four (64) gallon (one hundred twenty-five (/25) pounds), and thirty-two (32) gallons (one hundred (/00) pounds). Eommercial establishments not using---bttfk c-ontainers sha-tt-tlse either inrnvidtlal refuse cont-a-mers, or aut-omated collection-et)ntainers. 478 (e) Except in the central business district, Each res-ic~flti-af address dftef-mined-by----the city manag~ligible_for dwelling unit receiving automated collection service shall receive one (1) automated collection container at no charge. The owner of a dwelling unit receiving automated collection service shall be responsible for the loss of the owner's automated collection container or the damage of the same due to the owner's negligence. Residential-adcfesses at vvhich six (G) or more pe'fS't)ffl pef-mafl~ntly reside sh-a-H-r-e-c--ef\,e tvvo (2) automated colleetitm container-s--at-no charge. Any such dwelling unit may be provided a second automated collection container, upon request by the owner of such unit, at a cost as set by city council in the fee compendium. i:H tlpproved tllltl tllI1ended--by-t-he city cOtmcil. In no case, except as provided in section /4./-/5(h), shall any residential address dwelling unit receive more than two (2) automated collection containers. In the case of multiple dwelling units at no cost, -a-nd--ffl no case shall aflY-f-esidel'ltial adclt~ identified by a single tax map number, no more than four (4) automated collection containers shall be allowed at such location. have more than two (2) autom-at-ed collection c-ont-a-iftefs-. Those pcr~fl-s--residing at -an -aCCf-eSS eligible fef, and recei'ving attt-om-at-ed collection suviee shall be respolosible for the--1oss of their autom-ated collection conta-ifler-or the damage-of the same due to--th~ir--negligence. I I (f) Except in the central business district, each business, commercial establishment, institution, or other non-residential location receiving automated collection service shall receive one (1) automated collection container at no charge. Any such location may be provided up to two (2) additional automated collection containers at a cost as set by city council in the fee compendium. In no case, except as provided in section /4./-/ 5(h), shall any such property identified by a single tax map number receive or have more than three (3) automated collection containers. The owner of a business, commercial establishment, institution or other non- residential location receiving automated collection service shall be responsible for the loss of the owner's automated collection container or the damage of the same due to the owner's negligence. (g) Any automated collection container(s) provided free of charge by the city and assigned to a location must remain at that location, unless removed by the city. I ',," ,," . ~'_(.:?'" I~' h', ~~~::.\!:~i ~: ;~ff4"t: 479 I (h) Except in the central business district or for the collection of recyclables, the city will not provide solid waste collection services for more than four (4) automated collection containers at any residential location or for more than three (3) automated collection containers at any non-residential location, unless the city manager determines that commercial bulk container collection is impractical because of inaccessibility to collection vehicles or space limitations of the premises involved. In such circumstances, additional automated collection containers may be provided and serviced by the city as authorized by the city manager. Section 14.1-16. Placement for collection qenerallv. I (a) Except as otherwise provided, any person placing a-H solid waste to be removed by an authorized person under this article shall be placed the solid waste as close as possible to the public street in the front of eac-h fe5tdenee---or the principal structure on a 1m the property from which the solid waste originated, not in front of an adjoining property. Solid waste set out for collection shall have at least five (5) feet clearance from all vines, trees, shrubs, vehicles, buildings or other structures, on all sides. Automated collection containers and recyclable containers shall be placed so that the lid opens away from the street and shall be placed so that traffic is not impeded. * . * (d) Any person who is physically unable to transport all refuse and recyclables generated by all persons residing in a dwelling unit to the locations described in subsections (a) and (b) of this section may apply for physically challenged service. (1) Physically challenged service is available only when there is no person residing in a dwelling unit who is physically able to transport the automated collection container to the locations described in subsections (a) and (b) of this section. I (2) Any person applying for physically challenged service must present sufficient medical evidence consisting of a medical doctor's certification, on forms provided by acceptable to the city manager, that all persons residing in a dwelling unit are unable to transport to the locations described in subsection (a) and (b) of this section, all refuse 480 and recyclables generated by those persons residing in a dwelling unit with the person applying for said service. I (3) Any person receiving physically challenged service must notify the manager of the department of solid waste management within thirty (30) days, if the person, or any person living in the dwelling unit with him or her, becomes ineligible for physically challenged service at the subject address due to improved health, relocation of the person receiving such service, or any other reason. e) An'y person--who I esides on a lot or par-c-e1--ser"ed solel'y' by either a private driveway-or-a-private road may appl'y' fel pi ivate property service. (1) Any person applying f-or private propu-t-y-ser"ice must execute an agreement, approved as to f-orm by the city att-or-ne'y, releasing and-agreeing to indell1nify-t-h~ cit"y, and its c-fficers, employees and-agents, fer dama9~s-ari5ing out of t+te-performance of pr'ivat~--propert"y service. (2) AfI-y---person not rccEiving private property service on M-arc-n 1, 1993, m-ay-not apply for suc-h-ser" ice, unless that j:}erson I esides on-a-j()t--(')I parcel served solely by either--a private dri'vC'o'Iia'y or road, and two-(2) or more d'vv~lIing units served by--t-he private dri'vew-aoy or road receive such private property service. I 0) AI1'y person recet\tt11g I>rivate pml>ert'y ser\licc must renell1i his agreement vvith the cit"y' on a yearly basis. (f) In tl1e casc--of multi famHy-dwe-Hing units, all solid wast~-a-ntl I ecyclables--shall be placed at a loeation designated by the city manager. If no locatffin is so designated, refuse and recyd-a~ shall be I>laced-in-a manner descl ibed in St1tJs-ections (a) and (b) of this section. Section 14.1-17. Placement of brush. bulk brush. lawn rakinqs and loose leaves for collection bv the citv. (a) Brush. All brush to be collected and removed shall be placed in an automated collection container for collection by an authorized person. An amount of brush too large for an automated collection container shall be subject to collection pursuant to section 14.1-23 of this code. I :' .j! \ ", \. :. ?\:;.";~~} '~f.l2~~" 481 I (b) Bulk items. All bulk items shall be placed at the curb for collection pursuant to section 14.1-16, or in an automated container. A plastic bag containing only leaves shall not be considered a bulk item during leaf season. (c) Lawn rakings. Except as otherwise provided for, lawn rakings placed for collection shall be deposited in a plastic garbage bag of at least 13-gallon capacity which must be secured against spillage. Duril1g leaf s-e-ason, yyhich is-generaHy-the period of time from ~~ovember 1 t-o-geeember ] 1 of-eaeh calendar 'y'ear, all leaves must be r-a-k-ed-t-o-t-he-c-urb and be sep-a-rated from all brush and frt-fter-1a'v',m rakings. Lea'yes to be collected by solid yyaste mal1agement personnel during leaf season ll1us-t-be bagged and--s-e-t at the curb. I (d) Loose Leaves, During leaf season, all loose leaves must be separated from all brush and lawn rakings and must be either raked to the curb, placed in an automated collection container, or placed in a plastic garbage bag of at least 13-gallon capacity which must be secured against spillage. When not during leaf season, all loose leaves shall be placed in either an automated collection container or placed in a plastic garbage bag of at least 13-gallon capacity which must be secured against spillage. Section 14.1-18. Time of placement of indi'vidual refm-e automated collection containers and recvclable containers for collection. I Except in the central business district, automated collection containers and recycling containers containing solid waste from d'vot:lling units shall be accessible for collection by an authorized person no later than 7:00 a.m. on the day of collection. Automated collection containers and recycling containers placed adjacent to streets for collection by an authorized person shall not be so placed prior to 7:00 p.m. on the day preceding the day of collection, and shall be removed as soon as possible after collection and, in no instance, shall they be permitted to remain adjacent to such street after 7:00 a.m. of the day following collection. Individual refuse automated collection containers and recycling containers shall be stored between dates of collection in a location no closer to the street than the principal building. Where placement of an automated collection container and recycling container in a location no closer to the street than the prinCipal 482 building is impractical or not feasible, the city manager may designate an alternative location. Section 14.1-19. Collection in Central Business District. I (a) Automated collection containers, individual refuse containers, bulk items allowed by rules and regulations promulgated by the city manager, and recyclable containers used by commercial establishments in the central business district must be accessible to solid waste management vel-iicles or placed for collection in locations and times designated by the city manager. No individual refuse container or recycling container together with the solid waste or recyclables therein, and no allowable bulk item, shall exceed sixty (60) pounds in weight. Automated collection containers, individual refuse containers, and recycling containers shall be stored between dates of collection in a location no closer to the street than the principal building. Where storage of an automated collection container, individual refuse container, or recycling container in a location no closer to the street than the principal building is impractical or not feasible, the city manager may designate an alternative location. * '* * (d) Recyclables collected within the central business district shall be placed in containers otherwise prepared for removal by an authorized person in accordance with requirements set forth in written information provided by the city solid waste management department. I (e) city The use of a sealed compactor business district shall be limited to those residents that have registered with the management department for such access compactor. within the central establishments or city solid waste to such sealed (f) A sealed compactor may not be used to dispose of hazardous waste, grease from non-residential establishments, bulk items, brush, lawn rakings, non-collectable items, or other refuse identified in Section 14.1-21 of the city code. See. 14.1-21. Certain solid wastel:t9t to be collected--Generallv. (a) Manure, topsoil, earth, stone, rock, brick, concrete, asphalt, heavy metal, sheet rock, plate or- large broken glass, automobile parts, dead animals, grease. from non-residential establishments, I . Hv,e;~i~i~;\ ,;.<. 483 I poisons, caustics, acids, hazardous waste, trees, stumps, explosives, or other dangerous materials, or rubbish from construction, remodeling, razing and repair operations on houses, commercial buildings and other structures, or fire-damaged items shall not be placed out for collection by an authorized person and shall not be removed by a-n-authOl ize~1"S-tl-n the city, and in no circumstances shall hazardous waste be put out for collection by any person. (b) The above subsection notwithstanding, not more than two (2) automobile tires will be collected by the city from any residence or commercial establishment per week. Such tires shall be taken off the rim, shall not be placed inside an automated collection container, and shall be placed at the curb in the same manner as collections pursuant to section 14.1-23 of the city code. Section 14.1-22. Same-Brush. It shall be unlawful for any brush cut, or loose leaves raked, for a fee to be deposited by any person in the public right-of-way for removal by an authorized person. I Section 14.1-23. Placement and collection of bulk items. brush and loose leaves. (a) The city will provide bulk item and brush collection for the owner or occupant of any dwelling unit or multi-family dwellings who uses. an automated collection container provided by the city. Such owner or occupant shall place a bulk item, brush or loose leaves as close as possible to the curb, and if there is no curb, as close as possible to the street, or in an automated collection container. Such placement shall be made no earlier than the day (or seven (7) days regarding loose leaf collection) prior to the scheduled date of collection and no later than 7:00 a.m. of the day scheduled for collection. No collection of bulk items, brush or loose leaves will be made from any alley. All woody or leafy yard waste must be stacked in a pile that is no greater than four (4) feet wide, four (4) feet long, and four (4) feet high. No single branch placed for collection can be greater than four (4) feet in length or three (3) inches in diameter. I (b) Every owner or occupant utilizing the brush and bulk item collection service shall take adequate precautions to secure any bulk item in such a manner as to ensure the safety of the public. All doors on a refrigerator, stove,--washer, dryer, or similar bulk item 484 or freezer shall be removed, and all brush shall be secured so as to prevent being blown and scattered by wind. (c) No more than six (6) bulk items may be collected and removed at anyone time. In addition, no more than one (1) pick-up truck load of brush may be collected and removed at anyone time. Loose leaves contained in a plastic bag left out for collection by the city during leaf season shall not be considered bulk items. I (d) City residents may take twelve (12) pick-up truck loads of bulk items and brush originating from their residence per calendar year to the transfer station free of charge, in accordance with rules and regulations promulgated by the city manager. In special circumstances upon request, the city manager may issue additional special dump permits for disposal of additional bulk items and brush at the transfer station. -No:"more tnan six (G) bulk items, or 100 more than one (1) pick-up truck load of brusn, ma'y' be---eol-lec-t-ed ft-nd--re1110ved at an'y one time. (e) Cit'y' residents may take ttp----to-twelve (12) pick up truck loads of bulk items- -and brusn per calendar year to tne Tinker Creek t-f-afl5-fet---stat ion free 0 f c n arge-:- Bulk items, brush or loose leaves resulting from contracted work shall not be placed out for collection and shall not be removed by the city. I Sec. 14.1-24. Violation-civil venaltv. The city manager shall cause a notice of violation to be affixed to automatic collection containers and recycling containers found to be in violation of Section 14. 1-1 B. After three or more such notices have been issued for any property within a year, the city manager shall impose on the owner of the property a civil penalty of $25.00 for each such violation after the third one. 4. Section 14.1-44, Rate reg!Jliltion: submission of rate schedules, of Division 2, Private Collection of Bulk Containers, of Article II, Collection bv an Authorized Person, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, is hereby repealed: Section 14.1 44. Rate reQulation: submission of rate schedules. ~u-ant to section 1 S.2 930, Eode of Virginia (19S0), as amended, city council expressly reserves tne right-.w regulate rates charged bV private persons for bulk container collection service. rrior to I I I I ,. . 'i : "I~li"~" 485 June 1 Stn of eacn year, all persons---Iicensee! tB engage in-btttk container collection service in tne city' snail file .vitn city council ~-if---rat-e---5~e!ules for UIKOll1pactee! bulk container-servtee: Tnereaf--ter, wnene'v'er an'y' license htl~der intends to amend or alter mr-r-at-es f-or un{:--ompacted-bulk---etl-nt-ainer service, notice of sucn fact and tne proposed new rate~--hedule ftJr sucn service snail be filed V\litn city council at least tnirt'y' DO) days prior to tne eff-ecti've date '-ftfteratitl1't-t-()-Sttclt-rate scnedule. 5. Section 14.1-54, General prohibition, and ~ 14.1-55, Notice to remove, of Article III, Accumulations of Solid Waste, of Chapter 14.1, Solid Waste Manaqement of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: See. 14.1-54. General prohibition. It shall be the duty of every owner or occupant of any lot or parcel in the city to maintain the same in a clean and sanitary condition. It shall be unlawful for any such owner or occupant to cause, allow or permit solid waste to be deposited upon, remain or allowed to accumulate upon any parcel in the city, except such solid waste as is properly collected, prepared and contained for regular collection by an authorized person. Section 14.1-55. Notice to remove. Whenever the director of health of the city, or the authorized representative of the director of health of the city, determines that any lot or premises or parcel of land in the city is unclean or unsanitary, by reason of the deposit, existence or accumulation of solid waste thereon, the director of health, or the director's representative, may give reasonable notice thereof and of ~ the director's determination to the owner or occupant of such property. Such notice shall be in writing, shall state the unclean or unsanitary condition ordered to be corrected, and shall fix the time by which such condition is ordered by the director of health to be abated or corrected. Such notice shall be deemed to be properly served upon such owner or occupant, if a copy thereof is served upon or delivered to him in person or if a copy thereof is posted on the property in a conspicuous location and sent postage prepaid to the owner's last known address as set forth in the city's real estate valuation records by United States Postal Service. In case or nonresidelH ovvnels wno na've no agent ilo tne city, sucn notice may be given by publication, in vvllich event t\',o (2) in-sert-itln-s--of sucn notice on separate days in any ne....spaper pubHsned in tne city, at least ten (10) dayS before tile first day any action is ttl-be taken, shall be sufficient notice Sucn notice ma'y 486 contain an otltlin-e of remedial action which, if taken, will effect I compliance with tne provisions of this artide: 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: ~ Q. I) ~ -9. Mary F. Parke r City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of August, 2006. No. 37508-082106. I AN ORDINANCE to transfer funding from the Stadium/Amphitheater Project for the establishment of the Reserve Avenue Athletic Venue Project, amending and reordaining certain sections of the 2006-2007 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 2006-2007 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 08-530-9752-9003 $ 580,000.00 08-530-9758-9003 (580,000.00) I I I I . '"' ,. " ~ 1\ . ,t:? 487 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~T~ cJ ~ Mary F. Parker City Clerk ~I C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of August, 2006. No.3 7 509-082106. AN ORDINANCE authorizing the City Manager's issuance of a Change Order to the City's contract with S.B. Cox, Incorporated, for changes in connection with the work on the demolition of Victory Stadium; 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 is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, a Change Order to the City's contract with S.B. Cox, Incorporated, concerning site grading, supplementary erosion and sediment control measures, and storm drainage in connection with the work on the demolition of Victory Stadium, all as more fully set forth in the City Manager's letter to Council dated August 21, 2006. 2. Such Change Order will provide authorization for additions in the work with an increase in the amount of $388,845.00 to the contract, all as set forth in the above letter. 488 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: () ~J J rd-~ ~ UI1- ~ Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of August, 2006. No. 37510-082106. A RESOLUTION authorizi ng the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for adding to and modernizing William Fleming High School. WHEREAS, the School Board for the City of Roanoke, on the 21 st day of August, 2006, presented to this Council an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $7.5 million for constructing new school buildings at William Fleming High School, to be paid in twenty annual installments, and the interest thereon at three per cent 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 $7.5 million from the Literary Fund is hereby APPROVED, and authority is hereby granted the City School Board to borrow the amount for the purpose set out in application. I I I I I I '.i':' ~.~: :-. 489 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 A7\~ 1. ~ Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of August, 2006. No. 37511-082106. AN ORDINANCE to appropriate Literary Loan Funds for renovation of the William Fleming High School, amending and reordaining certain sections of the 2006-2007 School 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 2006-2007 School Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriation From Literary Loan/VPSA Bonds Revenues Literary Loan William Fleming High School 31-065-6070-9006-6896 $7,500,000.00 31-065-6070-1459 7,SOO,000.00 490 Pursuant to the provisions of Section 12 of the City Charter, the second I reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: /7 I)~. l /~ Mary F. Parker City Clerk c\uJL~~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of August, 2006. No. 37512-082106. A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for constructing new school buildings at William Fleming High .1 School and declaring the City's intent to borrow to fund or reimburse such expenditures. 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 $ 7.5 million for the cost of constructing new school buildings at William Fleming High 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 $7.5 million. I I I I . I. ~ ".; 491 3. This is a declaration of official intent under Treasury Regulation ~1.150-2. ~~J.~ Mary F. Parker City Clerk AP PRO V E D Qv C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of August, 2006. No. 37513-082106. AN ORDINANCE to appropriate funding from the Commonwealth and Federal governments as well as from fees to support various school grants and programs, amending and reordaining certain sections of the 2006-2007 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 2006-2007 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Compensation of Teachers Compensation of Counselors Retirement-HIC-VRS Social Security Retirement VRS Health Insurance Group Life Insurance Books and Subscriptions Educational and Recreational Supplies Compensation of Principals Compensation of Clerical Retirement-HIC -VRS Social Security 30-062-6344-0121-6146 30-062-6344-0123-6146 30-062-6344-0200-6146 30-062-6344-0201-6146 30-062-6344-0202-6146 30-062-6344-0204-6146 30-062-6344-0205-6146 30-062-6344-0613-6146 30-062-6344-0614-6146 30-062-6344-0126-6319 30-062-6344-01 S 1-6319 30-062-6344-0200-6319 30-062-6344-0201-6319 $(27,001.00) 692.00 (413.00) (2,035.00) 17,951.00 12,279.00 7,504.00 1,3"13.00 2,400.00 3,468.00 (344.00) 590.00 239.00 492 Retirement VRS 30-062-6344-0202-6319 3,903.00 Health Insurance 30-062-6344-0204-6319 1,029.00 I Group Life Insurance 30-062-6344-020S-6319 1,506.00 Educational and Recreational Supplies 30-062-6344-0614-6346 5,000.00 Additional Machinery and Equipment 30-062-6344-0821-6346 65,158.00 Compensation of Custodians 30-062-6344-0192-6681 522.00 Social Security 30-062-6344-0201-6681 40.00 Retirement - Other 30-062-6344-0203-6681 45.00 Health Insurance 30-062-6344-0204-6681 790.00 Interest 30-062 -6 3 44-090 2 -6998 (9,639.00) Compensation of Supervisors 30-062-6346-0124-6000 (3,360.00) Compensation of Teacher Aides 30-062-6346-0141-6000 39,160.00 Compensation of Clerical 30-062-6346-0151-6000 (5,573.00) Retirement-HIC-VRS 30-062 -6 3 46-02 00-6000 (115.00) Social Security 30-062-6346-0201-6000 2,271.00 Retirement VRS 30-062 -6 346-0 2 02-6000 (1,518.00) Health Insurance 30-062 -6 3 46-02 04-6000 (2,440.00) Indirect Costs 30-062-6346-0212-6000 1,302.00 Other Professional Services 30-062-6346-0313-6000 12,495.00 I Conventions/Ed ucation 30-062-6346-0554-6000 1,519.00 Field Trips 30-062-6346-0583-6000 12,500.00 Educational and Recreational Supplies 30-062-6346-0614-6000 35,603.00 Additional Machinery and Equipment 30-062-6346-0821-6000 10,000.00 Compensation of Supervisors 30-062-6347-0124-6000 (3,360.00) Compensation of Teacher Aides 30-062-6347-0141-6000 39,160.00 Compensation of Clerical 30-062-6347-0151-6000 (5,573.00) Retirement-HIC-VRS 30-062 -6 34 7 -02 00-6000 (115.00) Social Security 30-062-6347-0201-6000 2,271.00 Retirement VRS 30-062-6347-0202-6000 (1,518.00) Health Insurance 30-062-6347-0204-6000 (2,440.00) Indirect Costs 30-062-6347-0212-6000 1,302.00 Other Professional Services 30-062-6347-0313-6000 12,495.00 Co nve ntions/Ed ucatio n 30-062-6347-0554-6000 1,519.00 Field Trips 30-062-6347 -0583-6000 12,500.00 Educational and Recreational Supplies 30-062-6347-0614-6000 35,603.00 Additional Machinery and I Equipment 30-062-6347-0821-6000 10,000.00 Additional Machinery and Equipment 30-062-6702-0821-6133 231,891.00 I I I .,". ; ",I. Additional Machinery and ' .. Equipment Additional Machinery and Equipment Supplements Social Security Additional Machinery and Equipment Compensation of Teachers Social Security Compensation of Teachers Compensation of Counselors Compensation of Supervisors Social Security Other Professional Services Conventions/Ed ucation Revenues State Grant Receipts Fees Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Fees Federal Grant Receipts . ~r~ .~:;" I j. , ~ 'j l~:' if, 30-062-6702-0821-6136 30-062-6702-0821-6137 30-062-6702-0129-6138 30-062-6702-0201-6138 30-062-6702-0821-6138 30-062-6703-0121-6550 30-062-6703-0201-6550 30-063-6903-0121-6315 30-063-6903-0123-6315 30-063-6903-0124-6315 30-063-6903-0201-6315 30-063-6903-0313-6315 30-063-6903-0554-6315 30-062-6344-1100 30-062-6344-1103 30-062-6346-1102 30-062-6347-1102 30-062-6702-1102 30-062-6706-1102 30-062-6706-1103 30-063-6903-1102 493 30,000.00 11,123.00 39,944.00 3,056.00 90,510.00 22,500.00 1,721.00 2,000.00 1,600.00 2,600.00 640.00 26,802.00 858.00 40,099.00 44,898.00 101,844.00 101,844.00 406,524.00 16,416.00 7,805.00 34,500.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: /\ 0.0. -j. L Mary F. Parker City Clerk APPROVED (2~~ C. Nelson Harris Mayor 494 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 1 The 21" day of August, 2006. No. 37514-082106. AN ORDINANCE permanently vacating, discontinuing and closing a portion of an alleyway and certain public rights-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Aaron and Kelly Athey filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting City Council to permanently vacate, discontinue and close a portion of an alleyway and certain 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 City Council on August 21, 2006, after due and timely notice thereof as required by ~30-14, I. Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such portion of an alleyway and certain public rights-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the alleyway and certain public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain portion of an alleyway off of Arbutus Avenue, S. L, running between lots located at 716 and 724 Arbutus Avenue, S. E., such lots bearing Official Tax Nos. 4160304 and 4160305. 1 I I I .. I". .., I:...... , ;', i':'.:.! 495 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the alleyway and 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 alleyway and 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 alleyway and public rights-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicants shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the rights-of-way. BE IT FURTHER ORDAINED that the applicants 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 applicants, 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 applicants 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. 496 BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve months from the date of the adoption of this I 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 ~"7~ Mary F. Parker City Clerk QIU~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of August, 2006. I No. 37515-082106. AN ORDINANCE to amend ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by repealing Ordinance No. 36883-101804, to the extent such ordinance placed certain conditions on a portion of Official Tax No. 5460124 located on Pheasant Ridge Road, S. W., and rezoning such property from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District: that properties bearing Official Tax Nos. 5470207, 5470301 through 5470308, inclusive, located on Griffin Road, S. W., be rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Development District; that the portion of Granger Road, S. W., right-of- way containing 0.293 acres, which was vacated, discontinued and closed by Ordinance No. 37484-071706, be rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District; and that a 0.108 acre portion of property bearing Official Tax No. 5470130, on Pheasant Ridge Road, S. W., be rezoned from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District; and dispensing with the second reading by title of this ordinance. I I I I " ;";:'. 497 WHEREAS, Pheasant Ridge Condominiums II, LL, Dalton Place, LLC, A & J Holdings, Inc., Integra Investments, LLC, Van Winkle, LLC, Pheasant Ridge Real Estate Holdings, LLC, and Pheasant Ridge Office Building, LLC, filed an application with the Council of the City of Roanoke to repeal Ordinance No. 36883-101804, to the extent such ordinance placed certain conditions on a portion of Official Tax No. 5460124 located on Pheasant Ridge Road, S. W., and. rezoning such property from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District; that properties bearing Official Tax Nos. 5470207, 5470301 through 5470308, inclusive, located on Griffin Road, S. W., be rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Development District; that the portion of Granger Road, S. W., right-of- way containing 0.293 acres, which was vacated, discontinued and closed by Ordinance No. 37484-071706, be rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District; and that a 0.108 acre portion of property bearing Official Tax No. 5470130, on Pheasant Ridge Road, S. W., be rezoned from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on said application at its meeting on August 21, 2006, after due and timely notice thereof as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all. parties in interest and citizens were given an opportunity to be heard, both for and against the proposed 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, finds that the public necessity, convenience, general welfare and good zoning practice require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. 498 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No.36883-1 01804, adopted by the City Council on October 18, 2004, to the extent that it placed certain conditions on a portion of Official Tax No. 5460124 located on Pheasant Ridge Road, S. W., as set forth in the Third Amended Petition to Rezone filed in the Office of the City Clerk on July 20, 2006, is hereby REPEALED, and that ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action; 2. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, .2005, as amended, be amended to reflect that a portion of Official Tax No. 5460124 located on Pheasant Ridge Road, S. W., be, and is hereby rezoned from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District; that properties bearing Official Tax Nos. 5470207, 5470301 through 5470308, inclusive, located on Griffin Road, S. W., be, and are hereby rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Development District; that the portion of Granger Road, S. W., right-of-way containing 0.293 acres, which was vacated, discontinued and closed by Ordinance No. 37484-071706, be, and is hereby rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District; and that a 0.108 acre portion of property bearing Official Tax No. 5470130, on Pheasant Ridge Road, S. W., be, and is hereby rezoned from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District as set forth in the Third Amended Petition to Rezone filed in the Office of the City Clerk on July 20, 2006. 3. Pursuant to the provisions of ~ 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: f) Ilo 1 t~ C, l{oi~1hWO c. Nelson Harris Mayor Mary F. Parker City Clerk I I I I I I 499 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of August, 2006. No.3 7516-082106. AN ORDINANCE to amend ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, . subject to a certain condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Charles Calvin Duncan, Jr., and Jeanne T. Duncan, have made application to the Council of the City of Roanoke, Virginia, to have the hereinafter described property rezoned from R-5, Single Family Residential District, to RMF, Residential Multifamily District, subject to a certain condition proffered by the applicant; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 21, 2006, after due and timely notice thereof as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and . WHEREAS, City Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. 500 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax No. 7310111 be rezoned from R-5, Single Family Residential District, to RMF, Residential Multifamily District, subject to the proffer contained in the Petition filed by Charles Calvin Duncan, Jr., and Jeanne T. Duncan, in the Office of the City Clerk on June 2, 2006. 2. Pursuant to the provisions of ~ 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED J'\'.. :1 ~ Mary F. Parker City Clerk ~u C. Nelson Harris Mayor I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of August, 2006. No. 37517-082106. AN ORDINANCE amending Vision 2001-2020, the City's Comprehensive Plan, to include the Greater Deyerle Neighborhood Plan, such plan containing six priority initiatives: zoning; residential development, including the development of housing clusters: transportation, including maintaining the residential character of the neighborhood streets; stormwater management; pedestrian amenities, including sidewalks, greenways or trails; and public park facilities; repealing the 1990 plan previously adopted for the Greater Deyerle Neighborhood; and dispensing with the second reading by title of this ordinance. WHEREAS, on July 20, 2006, the Greater Deyerle Neighborhood Plan dated July 20, 2006, was presented to the Planning Commission; I I I I 501 WHEREAS, the Planning Commission held a public hearing on that date and recommended adoption of the Plan and amendment of Vision 2001-2020, the City's Comprehensive Plan, to include such Plan, and repeal of the 1990 plan previously adopted by City Council for the Greater Deyerle Neighborhood; 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 Monday, August 21, 2006, 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 Greater Deyerle Neighborhood Plan dated July 20, 2006, and amends Vision 2001 - 2020, the City's Comprehensive Plan, to include the Greater Deyerle Neighborhood Plan dated July 20, 2006, as an element thereof, and repeals the 1990 plan previously adopted by City Council for the Greater Deyerle Neighborhood. 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 ~ 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: . () /\~ 1--(~~~ ~I 1{~~ Mary F. Parker City Clerk C. Nelson Harris Mayor 502 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 21" day of August, 2006. No. 37518-082106. AN ORDINANCE authorizing the lease of 2,688 square feet of space located within City-owned property located in the Roanoke Civic Center Annex, for a term of five years; authorizing the lease of an additional 2,459 square feet of space should such space become available; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on August 21, 2006, 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 lease. THEREFORE, 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, in a form approved by the City Attorney, an agreement I with WSET, Incorporated, for the lease of approximately 2,688 square feet of space located within City-owned property in the Roanoke Civic Center Annex, for a term of five years, for an initial rent of $36,000.00 for the first year of the term subject to a 3 per cent annual increase for the remainder of the term, and authorizing the lease of an additional 2,459 square fee of space should such space become available, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated August 21, 2006. 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: /) ~~.. ;; -r ~ ~.u~~ Mary F. Parker City Clerk C. Nelson Harris Mayor I 503 I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 2006. No. 37519-090506. A RESOLUTION paying tribute to Mary F. Parker, City Clerk for the City of Roanoke, and expressing to her the appreciation of this City and its people for her exemplary public service. WHEREAS, Mary F. Parker has announced her retirement as City Clerk, effective October 1, 2006; WHEREAS, Ms. Parker served as City Clerk of the City of Roanoke from September 16, 1974 to October 1, 2006, longer than any person has served as Clerk of this City, and as a City employee from September 1, 1965, to October 1, 2006; WHEREAS, Ms. Parker began her career with the City in 1965 as a clerical employee in the City Clerk's Office, and during the course of her career she was promoted to every position in the Clerk's Office; I WHEREAS, Ms. Parker was promoted to Deputy City Clerk in February, 1970, and following the retirement of former City Clerk Virginia L. Shaw in September 1974, she was appointed to the position of City Clerk, effective October 1, 1974; WHEREAS, Ms. Parker has served under the leadership of five Mayors; and three Deputy City Clerks have served under her supervision; WHEREAS, since 1974, Ms. Parker has increased the staff of the Clerk's Office from five full-time employees to eight, which includes an Assistant to the Mayor (1976), an Assistant City Clerk (2001), and one permanent, part-time clerical position (1991); I WHEREAS, Ms. Parker was one of the first Clerks in Virginia to be designated a Certified Municipal Clerk, she is a charter member of the Virginia Municipal Clerks Association, a member of the International Institute of Municipal Clerks; she served as a member of the. VMCA Executive Committee, Nominating Committee, and Clerk of the Year Committee; she served as host Clerk on three occasions for the Annual Conference of the Virginia Municipal Clerks Association; she was President of the Virginia Municipal Clerks Association in 1990-91, and was honored by her professional association as Clerk of the Year in 1989; 504 WHEREAS, during Ms. Parker's tenure, the Roanoke City Clerk's Office has the distinction of being one of the first Clerk's offices in the I Commonwealth of Virginia to implement a total electronic agenda for City Council meetings, one of the first Clerk's offices in the State to design its own website, and the only Clerk's office in Virginia to prepare a Strategic Business Plan; and WHEREAS, Ms. Parker's service in government has been exemplary by virtue of her personal characteristics of intelligence, honesty, integrity, friendliness, dedication, professionalism, and ceaseless energy. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that City Council adopts this means of paying tribute to Mary F. Parker and expresses to her the heartfelt appreciation of this City and its people for her unparalleled record of dedication and exemplary service as City Clerk of the City of Roanoke. APPROVED ATTEST: ~~~~'::1crwv Deputy City Clerk e..U~cH~ c. Nelson Harris Mayor I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5'" day of September, 2006. No. 37520-090506. 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 funding for the regional drug prosecutor's office in the total amount of $100,093.00 from the Compensation Board of the Commonwealth of Virginia through June 30, I 2007. I I I 505 2. The local share for Fiscal Year 2006-2007 shall be in the amount of $27,334.00. 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 or with such project. APPROVED ATTEST: ~J?7.rn~ Stephanie M. Moon - I Deputy City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 2006. No. 37521-090506. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the 2006-2007 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 2006-2007 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 Medical Insurance Dental Insurance Life Insurance Disability Insurance Telephone Administrative Supplies Dues and Memberships Training and Development Postage Other Rental Revenues Regional Drug Prosecutor FY07- Comp Board Regional Drug Prosecutor FY07- Local Match 35-150-5133-1002 35-150-5133-1105 35-150-5133-1116 35-150-5133-1120 35-150-5133-1125 35-150-5133-1126 35-150-5133-1130 35-150-5133-1131 35-150-5133-2020 35-150-5133-2030 35-150-5133-2042 35-150-5133-2044 35-150-5133-2160 35-150-5133-3075 35-150-5133-5133 35-150-5133-5134 506 $81,230.00 12,274.00 1,300.00 6,215.00 8,280.00 494.00 992.00 21.00 2,000.00 4,171.00 200.00 1,000.00 250.00 9,000.00 100,093.00 27,334.00 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: ~m.Jr;dJn) Stephanie M. Moon Deputy City Clerk c:.LtJ?~~ c. Nelson Harris Mayor I I I I I I 507 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5'" day of September, 2006. No. 37522-090506. A RESOLUTION authorizing 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 a Victim/Witness Assistance Program grant in the amount of $115,117.00 for Fiscal Year 2006-2007, such grant being more particularly described in the letter of the City Manager to Council dated September 5, 2006. 2. The local cash match for Fiscal Year 2005-2006 shall be in the amount of $26,958.00. 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. 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: ~~~.u Deputy City Clerk C. WkcBMMtJ c. Nelson Harris Mayor 508 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 5'h day of September, 2006. No. 37523-090506. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness Program Grant, amending and reordaining certain sections of the 2006-2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Grant Fund 01-250-9310-9535 $ 1,287.00 Contingency 01-300-9410-2199 (1,287.00) Grant Fund Appropriations I Regular Employee Salaries 35-150-5120-1002 96,815.00 City Retirement 35-150-5120-1105 9,602.00 ICMA Retirement 35-150-5120-1115 3,111.00 ICMA Match 35-150-5120-1116 1,950.00 FICA 35-150-5120-1120 7,794.00 Medical Insurance 35-150-5120-1125 13,041.00 Dental Insurance 35-150-5120-1126 758.00 Life Insurance 35-150-5120-1130 1,181.00 Disability Insurance 35-150-5120-1131 296.00 Telephone 35-150-5120-2020 1,160.00 Administrative Supplies 35-150-5120-2030 1,000.00 Dues and Memberships 35-150-5120-2042 75.00 Training and Development 35-150-5120-2044 2,354.00 Business Meals and Travel 35-150-5120-2144 1,018.00 Postage 35-150-5120-2160 1,920.00 Revenues Victim Witness FY07 - State 35-150-5120-5120 115,117.00 Victim Witness FY07 - Local Match 35-150-5120-5121 26,958.00 I I I I 509 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: ~M~.~ Deputy City Clerk ~~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 2006. No. 37524-090506. AN ORDINANCE temporarily changing the polling place for Lee-Hi Precinct from Covenant Presbyterian Church, 1831 Deyerle Road, S. W., to Windsor Hills United Methodist Church, 3591 Windsor Avenue, S. W.; and dispensing with the second reading of this ordinance. WHEREAS, Covenant Presbyterian Church, the polling place for Lee- Hi Precinct, will be unavailable for the general election on November 7 due to construction at the church; WHEREAS, by Resolution dated August 24, 2006, the Roanoke City Electoral Board has recommended the establishment of a temporary polling place for Lee-Hi Precinct at the Windsor Hills United Methodist Church, 3591 Windsor Avenue, S. W., and such temporary polling place is located within such precinct as required by ~24.2-31 0, Code of Virginia (1950), as amended; and 510 I WHEREAS, the Electoral Board has given notice of such emergency relocation of polling place to the State Board of Elections and has obtained approval of such change from the Board pursuant to ~24.2- 31 O.D., Code of Virginia (1950), as amended, and the Electoral Board will give notice of this change in polling place by mail to all registered voters in the Lee-Hi Precinct at least fifteen (15) days prior to all elections, and public notice of such change, pursuant to ~24.2-306, Code of Virginia (1950), as amended; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Notwithstanding ~ 1 0-77, Code of the City of Roanoke (1979), as amended, the polling place for Lee-Hi Precinct shall be relocated from Covenant Presbyterian Church to Windsor Hills United Methodist Church, 359 Windsor Road, S. W., for the November 7 general election. 2. The City Clerk is directed to forward attested copies of this ordinance to Beryl Y. Brooks, General Registrar, so that notice of this change in polling place can be mailed to all registered voters of Lee-Hi I Precinct, and to the Chief, Voting Section, Civil Rights Division, United States Department of Justice. 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: ~m.~ Stephanie M. Moon Deputy City Clerk c. LtQ~Jd~ C. Nelson Harris Mayor I 511 I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 2006. No. 37525-090506. 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 the Workforce Investment Act for Area 3. WHEREAS, the City of Roanoke is the grant recipient for Workforce Investment Act C'WIA") 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 WIA programs; I 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 WIA agreement for the City of Roanoke to continue to be the grant recipient for WIA 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 is hereby authorized on behalf of the City to execute the Grant Agreement with the Virginia Employment Commission for Program Year 2006, such grant being more fully described in the letter of the City Manager to Council dated September 5, 2006. I 512 I 2. The form of said agreement, and any necessary amendments thereto, shall be approved by the City Attorney. APPROVED ATTEST: ~A:vrn.1Yt6-rV Stephanie M. Moon Deputy City Clerk ~. \A<i-k ~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5'" of September, 2006. No. 37526-090506. I AN ORDINANCE to appropriate additional funding from the Commonwealth of Virginia for the FY07 Workforce Investment Act Grant, amending and reordaining certain sections of the 2006-2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: I 513 I Appropriations Administrative - Regular Employ Wages 35-633-2330-1002 $4,000.00 Administrative - Part-time Wages 35-633-2330-1004 3,000.00 Administrative - City Retirement 35-633-2330-1105 1,000.00 Administrative - FICA 35-633-2330-1120 536.00 Administrative - Medical Insurance 35-633-2330-1125 1,000.00 Administrative - Dental Insurance 35-633-2330-1126 100.00 Administrative - Life Insurance 35-633-2330-1130 100.00 Administrative - Professional Services 35-633-2330-2010 1,000.00 Administrative - Dues & Subscriptions 35-633-2330-2042 200.00 Administrative - Food 35-633-2330-2060 200.00 Administrative - Equipment Rental 35-633-2330-3070 1,000.00 Administrative - Other Rental 35-633-2330-3070 150.00 Administrative - Travel 35-633-2330-8052 1,231.00 Administrative - Supplies 35-633-2330-8055 500.00 Administrative - Insurance 35-633-2330-8056 1,000.00 I Administrative - Leases 35-633-2330-8058 1,000.00 Administrative - Equipment 35-633-2330-8059 1,000.00 Administrative - Telephone 35-633-2330-8090 500.00 Adult - Regular Employ Wages 35-633-2331-1002 3,000.00 Adult - Part-time Employ Wages 35-633-2331-1004 1,000.00 Adult - City Retirement 35-633-2331-1105 500.00 Adult - FICA 35-633-2331-1120 306.00 Adult - Medical Insurance 35-633-2331-1125 300.00 Adult - Dental Insurance 35-633-2331-1126 10.00 Adult - Life Insurance 35-633-2331-1130 10.00 Adult- Disability Insurance 35-633-2331-1131 5.00 Adult - Food 35-633-2331-2060 87.00 Adult - Leases 35-633-2331-3070 100.00 Adult - Other Rental 35-633-2331-3075 50.00 Adult - Travel 35-633-2331-8052 500.00 Adult - Marketing 35-633-2331-8053 1,000.00 Adult - Supplies 35-633-2331-8055 100.00 Adult - Contractual Services 35-633-2331-8057 38,243.00 Adult - Leases 35-633-2331-8058 443.00 Adult - Telephone 35-633-2331-8090 50.00 I Dislocated Worker - Regular Employ Wages 35-633-2332-1002 4,000.00 Dislocated Worker - Part-time 35-633-2332-1004 1,000.00 514 Employ Wages I Dislocated Worker - City Retirement 35-633-2332-1105 500.00 Dislocated Worker - FICA 35-633-2332-1120 383.00 Dislocated Worker - Medical Insurance 35-633-2332-1125 300.00 Dislocated Worker - Dental Insurance 35-633-2332-1126 10.00 Dislocated Worker - Life Insurance 35-633-2332-1130 10.00 Dislocated Worker - Disability Insurance 35-633-2332-1131 5.00 Dislocated Worker - Food 35-633-2332-2060 91.00 Dislocated Worker - Leases 35-633-2332-3070 100.00 Dislocated Worker - Other Rental 35-633-2332-3075 30.00 Dislocated Worker - Travel 35-633-2332-8052 500.00 Dislocated Worker - Marketing 35-633-2332-8053 1,000.00 Dislocated Worker - Supplies 35-633-2332-8055 100.00 Dislocated Worker - Contractual Services 35-633-2332-8057 103,426.00 Dislocated Worker - Leases 35-633-2332-8058 400.00 Dislocated Worker - Telephone 35-633-2332-8090 100.00 Revenues Workforce Investment Act Grant I FY07 35-633-2330-2330 175,176.00 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: ~~.h-;OmJ Deputy City Clerk ~.1A-eR~*~ c. Nelson Harris Mayor I I I I 515 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th of September, 2006. No. 37527-090506. A RESOLUTION authorizing the acceptance of a subaward in the amount of $425,452.00 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 ("VISSTA") 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 VISSTA Piedmont Area Training Center, in the amount of $425,452.00, as set forth in the City Manager's letter, dated September 5, 2006, 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 ATTEST: CIl\~~ /?7.~ Stephanie M. Moon Deputy City Clerk C. Nelson Harris Mayor 516 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 5'" of September, 2006. No. 37528-090506. 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 2006 Annual Conference scheduled for October 15 - 18, 2006, in Virginia Beach, Virginia, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, The Honorable Alfred T. Dowe, Jr., Council Member, is hereby designated Voting Delegate, and The Honorable Gwen W. Mason, Council Member, is hereby designated Alternate Voting Delegate. I 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 2006 Annual Conference, Darlene L. Burcham, shall be designated Staff Assistant. 3. The 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: ~fn.hrt~ Stephanie M. Moon Deputy City Clerk C"u.JI~~~ C. Nelson Harris Mayor I 517 I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5'h day of September, 2006. No. 37529-090506. A RESOLUTION electing and appointing Stephanie M. Moon as Acting City Clerk for the City of Roanoke effective September 9, 2006, and setting forth the terms and conditions of employment for Ms. Moon as Acting City Clerk. WHEREAS, the City Council desires to elect and appoint Stephanie M. Moon as Acting City Clerk pursuant to the Roanoke Charter of 1952 and general law of the Commonwealth; and WHEREAS, Ms. Moon has agreed to accept election and appointment as Acting City Clerk; I THEREFORE, BE IT RE50LVED by the Council of the City of Roanoke as follows: 1. Stephanie M. Moon is hereby elected and appointed as Acting City Clerk effective at 12:01 a.m., on September 9,2006. 2. As Acting City Clerk, Ms. Moon shall be paid a base bi-weekly salary of $2,870.95, payable at the same time as other employees of the City. 3. All other terms and conditions of Ms. Moon's employment shall be the same as for other similarly situated City employees. 4. As Acting City Clerk, Ms. Moon's duties, responsibilities and powers and her removal shall be governed by the Roanoke Charter of 1952, the Constitution' of Virginia, Code of Virginia (1950), as amended, and the Code of the City of Roanoke (1979), as amended. 5. Ms. Moon shall make arrangements to qualify for office by taking the required oath of office prior to September 9, 2006. I 518 6. Ms. Moon shall perform the duties and responsibilities of Acting City Clerk until such time as a successor Acting City Clerk or-City I Clerk is elected or appointed by this Council through duly adopted resolution. APPROVED ATTEST: ~~.~ Deputy City Clerk c.JU~-~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of September, 2006. No. 37530-091806. A RESOLUTION authorizing the City of Roanoke to become a full I member of ICLEI - Local Governments for Sustainability, and to develop an emission reduction target and action plan. WHEREAS, scientific consensus has developed that carbon dioxide and other greenhouse gases released into the atmosphere have a profound effect on the Earth's climate; WHEREAS, in 2006 the United States National Climatic Data Center confirmed clear evidence of human influences on climate due to changes in greenhouse gases; WHEREAS, the U.S. Conference of Mayors endorsed the 2005 U.S. Mayors' Climate Protection Agreement initiated by Seattle Mayor Nickels and signed by 284 Mayors in the Untied States as of August, 2006; WHEREAS, the Urban Environmental Accords adopted by local government delegates during UN World Environment Day 2005 call for reduced emissions through energy efficiency, land use and transportation planning, waste reduction, and wiser energy management; I 519 I WHEREAS, in 2003 the American Geophysical Union adopted a statement noting that human activities are increasingly altering the Earth's climate and that natural influences cannot explain the rapid increase in near-surface temperatures observed during the second half of the 20th century; WHEREAS, in 2001 the National Academy of Sciences reviewed and declared global warming a real problem caused in part by the actions of humankind; WHEREAS, the 2001 Third Assessment Report from the International Panel on Climate Change and the 2000 U.S. Global Change Research Program's First National Assessment indicate that global warming has begun; WHEREAS, 162 countries, including the United States, pledged under the United Nations Framework Convention on Climate Change to reduce their greenhouse gas emissions; I WHEREAS, energy consumption, speCifically the burning of fossil fuels, accounts for more than 80% of greenhouse gas emissions in the United States; WHEREAS, local government actions taken to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits by decreasing air pollution, creating jobs, reducing energy expenditures, and saving money for the local government, its businesses, and its residents; and WHEREAS, the Cities for Climate Protectionilll Campaign sponsored by ICLEI - Local Governments for Sustainability ("ICLEI") has invited the City of Roanoke to join ICLEI and become a partner in the Cities for Climate Protection Campaign; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: I 1. Council concurs in the recommendation that the City of Roanoke join ICLEI as a full member and participate in the Cities for Climate Protection Campaign and, as a participant, pledges to take a leadership role in promoting public awareness about the causes and impacts of climate changes. 520 2. Council concurs in the recommendation that the City of I Roanoke undertake the Cities for Climate Protection Campaign's five milestones to reduce both greenhouse gas and air pollution emissions throughout the community, and specifically: . Conduct a greenhouse gas emission inventory and forecast to determine the source and quantity of greenhouse gas emissions in the City; . Establish a greenhouse gas emissions reduction target; . Develop an action plan with both existing and future actions which, when implemented, will meet the local greenhouse gas reduction target; . Implement the action plan; and . Monitor and report progress. 3. Council concurs in the recommendation that the City of Roanoke request assistance from ICLEI's Cities for Climate Protection I Campaign as it progresses through the milestones as more particularly set forth in the City Manager's letter dated September 18, 2006, to this Council. 4. The City Manager, or her designee, and the City Clerk, are hereby authorized to execute and attest, respectively, any and all requisite documents pertaining to the City's becoming a full member of ICLEI - Local Governments for Sustainability. such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required in connection with establishing and maintaining the City's membership with ICLEI and carrying out the terms of this resolution. APPROVED ATTEST: mt-,~ hi. ~ Stephanie M. Moon Acting City Clerk Q.Ll~~ C. Nelson Harris Mayor I I I I 521 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of September, 2006. No. 37531-091806. 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. 03CY0459/2), in the amount of $134,381.00 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 18, 2006, 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: ~m.~ Stephanie M. Moon Acting City Clerk t~vK~ c. Nelson Harris Mayor 522 I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th September, 2006. No. 37532-091806. AN ORDINANCE appropriating funds from the federal government for the Runaway and Homeless Youth Act Grant, amending and reordaining certain sections of the 2006-2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Regular Employee Salaries Temporary Employee Wages City Retirement ICMA Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Telephone Cellular Administrative Supplies Dues and Memberships Training and Development Local Mileage Program Activities Revenues Runaway and Homeless Grant FY07 35-630-5143-1002 35-630-5143-1004 35-630-5143-1105 35-630-5143-1116 35-630-5143-1120 35-630-5143-1125 35-630-5143-1126 35-630-5143-1130 35-630-5143-1131 35-630-5143-2021 35-630-5143-2030 35-630-5143-2042 35-630-5143-2044 35-630-5143-2046 35-630-5143-2066 35-630-5143-5143 $ 63,939.00 3,053.00 8,227.00 1,300.00 5,225.00 7,080.00 474.00 729.00 166.00 1,920.00 1,850.00 700.00 6,529.00 740.00 32,449.00 134,381.00 I I I I I 523 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.~~ ~m'h7dwJ Stephanie M. Moon Acting City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of September, 2006. No. 37533-091806. AN ORDINANCE authorizing the City Manager to execute a First Amendment to the November 10, 2005, Operating Agreement between the City of Roanoke (City) and Meadowbrook Golf Group, Inc. (Meadowbrook); authorizing the City Manager to take such further action and execute additional documents to implement and administer such First Amendment to Operating Agreement; and dispensing with the second reading by title of this ordinance. WHEREAS, the City and Meadowbrook entered into an Operating Agreement dated November 1,2005, for Meadowbrook to operate, manage and conduct the business and services of the Countryside Golf Club for one year; WHEREAS, the City and Meadowbrook wish to extend the term of the Operating Agreement for one additional year, until October 31, 2007, upon certain terms and conditions as set forth in the First Amendment to Operating Agreement; and WHEREAS, Section 4.2 of the Operating Agreement established the term of such Operating Agreement to be from November 1, 2005, through October 31, 2006, but was subject to being renewed for an additional term of one year. 524 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 of the City to execute and attest, respectively, a First Amendment to the Operating Agreement with Meadowbrook dated November 10, 2005, for a term of one year, for Meadowbrook to operate, manage and conduct the business and services of the Countryside Golf Club, all as more particularly set forth in the City Manager's letter to Council dated September 18, 2006; such amendment to be approved as to form by the City Attorney. 2. The City Manager is further authorized to take such action and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment. 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: ~)n'h7ow) Stephanie M. Moon Acting City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of September, 2006. No. 37534-091806. AN ORDINANCE amending and reordaining Section 20-131, Definition. aqe of ooeration. of Division 1, Generally, of Article VII, Mooeds. Bicycles And Electric Power-Assisted Bicycles of Chapter 20, Motor Vehicles and Traffic; and dispensing with the second reading by title of this ordinance. I I I I I I 525 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 20-131, Definition. aqe of operation, of Chapter 20, Motor Vehicles and Traffic, is hereby amended and reordained to read and provide as follows: ~ 20-131. Definition. aqe of operation. * * * Moped is defined as a conveyance that is either (a) a bicycle-like device with pedals and a helper motor which is rated at no more than two (2) brake horsepower and produces speeds up to a maximum of thirty (30) miles per hour; or (b) a motorcycle with an engine displacement of fifty (50) cubic centimeters or less and a maximum speed of less than thirty (30) miles per hour. "Moped" means every vehicle that travels on not more than three wheels in contact with the ground that has (i) a seat that is no less than 24 inches in height, measured from the middle of the seat perpendicular to the ground and (ij) a gasoline, electric, or hybrid motor that displaces less than 50 cubic centimeters. For purposes of this article, a moped shall be a vehicle when operated on a street. No person under the age of sixteen (16) years shall operate a moped on any street in the city. * * * 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: (2. t{~~ ~ rn. ~OOYV 5tephanie M. Moon Acting City Clerk C. Nelson Harris Mayor 526 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of September, 2006. No. 37535-091806. AN ORDINANCE amending ~32-289, Tips and service charqes. of Article XIV, Tax on Prepared Food and Beveraqe, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979) as amended, by exempting mandatory gratuities or service charges required to be paid by a purchaser from the food and beverage tax, to a certain percentage; 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 32-289, Tips and service charqes. of Article XIV, Tax on Prepared Food and Beveraqe, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: Section 32-289. Tips and service charges. Where a purchaser provides a tip for an employee of a seller, and the amount of the tip is wholly in the discretion of the purchaser, the tip is not subject to the tax imposed by this article, whether paid in cash to the employee or added to the bill and charged to the purchaser's account, provided, in the latter case, the full amount of the tip is turned over to the employee by the seller. An amount or percent, whether designated as a tip or a service charge, that is added to the price of the meal by the seller, and required to be paid by the purchaser, shall be exempt from the tax imposed by this article to the extent that the mandatory gratuity or service charge is less than twenty percent of the sales price. Any portion of the mandatory gratuity or service charge that exceeds twenty percent of the sales price is a part of the selling price of the meal and is subject to the tax imposed by this article. I I I I I I 527 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: ~ffi.~ Stephanie M. Moon Acting City Clerk APPROVED ~.~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th September, 2006. No. 37536-091806. AN ORDINANCE to appropriate funding from the Commonwealth and Federal governments to support various school grants and programs, amending and reordaining certain sections of the 2006-2007 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 2006-2007 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Compensation of Other Professionals Compensation of Substitute Teachers Retirement-HIC-VRS Social Security Retirement VRS Health Insurance Group Life Insurance Indirect Costs Mileage Other Operation Supplies Compensation of Other Professionals Social Security 30-062-6513-0138-6554 30-062-6513-0021-6554 30-062-6513-0200-6554 30-062-6513-0201-6554 30-062-6513-0202-6554 30-062-6513-0204-6554 30-062-6513-0205-6554 30-062-6513-0212-6554 30-062-6513-0551-6554 30-062-6513-0615-6554 30-062-6517-0138-6554 30-062-6517-0201-6554 $2,649.00 3,500.00 2,088.00 500.00 9,532.00 24,084.00 4,040.00 148.00 2,500.00 (20,500.00) 36,600.00 6,767.00 528 Indirect Costs Mileage Educational and Recreational 5upplies Educational and Recreational Supplies Books and Subscriptions Revenues State Grant Receipts State Grant Receipts Federal Grant Receipts 30-062-6517-0212-6554 30-062-6517-0551-6554 1,830.00 1,350.00 2,100.00 12,560.00 35,000.00 I 30-062-6517-0614-6554 30-062-6904-0614-6004 30-062-6904-0613-6004 30-062-6513-1100 30-062-6517-1100 30-062-6904-1102 28,541.00 48,647.00 47,560.00 Pursuant to the provisions of 5ection 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~y\\.~ Stephanie M. Moon Acting City Clerk APPROVED ~.lJAL c. Nelson Harris Mayor I IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 18th day of September, 2006. No. 37537-091806. A RESOLUTION authorizing the City's participation in the National League of Cities' Partnership for Working Toward Inclusive Communities. WHEREAS, the City of Roanoke is committed to inclusion as a fundamental aspect of our community; WHEREAS, cities and towns are the best place to make inclusiveness an everyday priority; WHEREAS, local elected officials can and should lead the way in making inclusiveness a priority in America's cities and towns; I I I I 529 WHEREAS, the National League of Cities has designed the Partnership for Working Toward Inclusive Communities to support cities and towns in their commitment to inclusion; WHEREAS, the National League of Cities and its members believe an inclusive community promotes equal opportunity and fairness; WHEREAS, the National League of Cities and its members believe an inclusive community promotes citizen participation and engagement; and WHEREAS, National League of Cities President Jim Hunt, council member, Clarksburg, West Virginia, has invited local officials to join the Partnership for Working Toward Inclusive Communities and to make a commitment to building more inclusive communities in their own cities and towns. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke hereby reaffirms its commitment to inclusion as a fundamental aspect of our community, pledges active efforts to seek to achieve that goal, and urges all citizens of Roanoke to join together to support this effort. BE IT FURTHER RESOLVED that the City of Roanoke hereby agrees to join the Partnership for Working Toward Inclusive Communities. APPROVED ATTEST: ~IU~~ ~ht.h[oW Stephanie M. Moon Acting City Clerk C. Nelson Harris Mayor 530 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 18th day of September, 2006. No. 37538-091806. RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $7,500,000.00 GENERAL OBLIGATION SCHOOL BONDS OF THE CITY OF ROANOKE, VIRGINIA, SERIES 2006-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 $7,500,000.00 (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 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; I 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; I I I I 531 WHEREAS, in connection with the 2006 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 $7,500,000.00 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 June 24, 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 of the City 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 $7,500,000 (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. 532 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 27, 2006 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 2006-B"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2007 (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 Princioallnstallments. 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 fifty one-hundredths percent (5.50 %) 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: Pavina Aaent and Bond Reaistrar. The following provisions shall apply to the Bonds: I I I I I I 533 (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) Regions Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. No RedemDtion or PreDavment. 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. Pledae 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. 534 10. Use of Proceeds Certificate and Certificate as to Arbitraae. 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-Arbitraae Proaram; Proceeds Aareement. 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 Councilat this meeting, which form is hereby approved. 12. Continuina Disclosure Aareement. 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 1 5c2-12 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. Filina 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. I I I I I I 535 14. Previouslv Authorized Obliaations. The Bonds are intended to be issued in lieu of (a) $7,500,000 of the $8,775,000 of general obligation bonds of the City previously authorized by Council for public school capital improvement projects pursuant to Resolution No. 36753-062104, adopted June 21, 2004, and (b) a $7,500,000 Literary Fund loan previously authorized by Council for the Project pursuant to Resolution No. 36524-102303, adopted October 23, 2003, neither of which previously authorized obligations has been issued. 15. 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 anyone 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. 16. 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 18, 2006, 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 Ave Nav Abstain C. Nelson Harris X X David B. Trinkle X X Alfred T. Dowe X X Beverlv T. Fitzoatrick. Jr. X X Sherman P. Lea X X Gwendolvn W. Mason X Brian J. Wishneff X X WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this 20th day of September, 2006. 536 [Patrick Henry] EXHIBIT A I (FORM OF TEMPORARY BOND) NO. TS-l $----------- UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE General Obligation School Bond Series 2006-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 (L_________), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2007 and annually on July 15 thereafter to and including July 15, 2026 (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, 2007 (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. I For as long as the Virginia Public School Authority is the registered owner of this Bond, Regions 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 ofthis Bond of said payments I I I I 537 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 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. 538 The principal installments of this Bond are not subject to redemption or I 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 ____________, 2006. CITY OF ROANOKE, VIRGINIA (SEAL) Clerk, City of Roanoke, Virginia Mayor, City of Roanoke, Virginia I ATTEST: 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: Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it I I I I 539 (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requireme'nts 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. appears on the front of this Bond in every particular, without alteration or change.) EXHIBIT B The proceeds of the Bonds will be used to finance the construction of certain capital improvements and the acquisition and installation of certain capital equipment for Patrick Henry High School. APPROVED ATTEST: Q~<tl~ c. Nelson Harris Mayor ~ 0dI. d'YJ01'YV Stephanie M. Moon Acting City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of September, 2006. No. 37539-091806. AN ORDINANCE to amend ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, dated December 5, 2005, as amended, to rezone certain property within the City; and dispensing with the second reading of this ordinance by title. WHEREAS, Haitian Sinai Baptist Church has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described property rezoned from R-7, Residential Single-Family District, to INPUD, Institutional Planned Unit Development District; 540 WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~36.2.540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on September 18, 2006, after due and timely notice thereof as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No. 2480115, located at 2905 Cove Road, N. W., be, and is hereby, rezoned from R-7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, as set forth in the Second Amended Petition to Rezone filed in the Office of the City Clerk on August 9, 2006. 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 ATTE5T: ~~ rn. Y10h-v Stephanie M. Moon Acting City Clerk Q. C. Nelson Harris Mayor I I I I I I 541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of September, 2006. No. 37540-091806. RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,100,000.00 GENERAL OBLIGATION SCHOOL BONDS OF THE CITY OF ROANOKE, VIRGINIA, SERIES 2006-A, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY 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 not to exceed $2,000,000.00 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 18, 2006, 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 Bond Sale Agreement (as defined below) shall indicate that $2,000,000.00 is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds; and WHEREAS, the VPSA's objective is to pay the City a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking consideration of such factors as the amortization schedule the City has requested for the Bonds relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of the VPSA's bonds; and WHEREAS, such factors may result in the Bonds having a purchase price other than par and consequently (i) the City may have to issue a principal amount of Bonds that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ij) if the maximum authorized principal amount of the Bonds set forth in section 1 below does not exceed the Proceeds Requested by at least the amount of any discount, the purchase price to be paid to the City, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested. 542 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 $2,100,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes as 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 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, or either of them that is substantially equal to the Proceeds Requested, except that the Bonds may be sold for a purchase price not lower than 95% of the Proceeds Requested if issuing the Bonds in the maximum principal amount authorized by Section 1 of this Resolution is insufficient, given the VPSA Purchase Price Objective and market conditions, to generate an amount of proceeds substantially equal to the Proceeds Requested. The Mayor, the City Manager, or either of them and such other officer or officers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated September 27, 2006, with the VPSA providing for the sale of the Bonds to the VPSA. The agreement shall be 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 dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2006-A"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2007 (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 fifty one-hundredths percent (5.50 %) per annum. The Interest I I I I I I 543 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: Payina Aaent and Bond Reaistrar. 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, Principal Payment Date or date fixed for prepayment or redemption, 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, Principal Payment Date or date fixed for prepayment or redemption. (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) Regions Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7.) Preoayment or Redemotion. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2016, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2016, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2016, and the definitive bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2016, are subject to prepayment or redemption at the option of the City prior to their stated maturities in whole or in part, on any date on or after July 15, 2016, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: 544 Dates Prices July 15, 2016 through July 14, 2017 July 15, 2017 through July 14, 2018 July 15, 2018 and thereafter 101% 100Y, 100 I Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the VPSA or the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. 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.) Pledae 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. I 10.) Use of Proceeds Certificate and Certificate as to Arbitraae. The Mayor, the City Manager and such other 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. 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. I I I I 545 11.) State Non-Arbitraae Proaram: Proceeds Aareement. 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.) Continuina Disclosure Aareement. The Mayor, the City Manager and such other 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, under the Securities Exchange Act of 1934, as amended, 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.) Filina 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 anyone 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 18, 2006, 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: 546 Present Absent Ave Nav Abstain C. Nelson Harris X X David B. Trinkle X X Alfred T. Dowe X X Beverlv T. Fitzpatrick. Jr. X X Sherman P. Lea X X Gwendolvn W. Mason X Brian J. Wishneff X X I WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this 20'h day of September, 2006. EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-l $----------- UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE I General Obligation School Bond Series 2006-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 (L_________), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2007 and annually on July 15 thereafter to and including July 15, 20__ (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, 2007 (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, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. I I I I 547 For as long as the Virginia Public School Authority is the registered owner of this Bond, Regions 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 with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991 t Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the City Council 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 one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or 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 548 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 I 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 coming due on or before July 15, 2016 and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15, 2016, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, 2016, and the definitive Bonds for which this Bond may be exchanged that mature after July 15, 2016, are subject to prepayment or redemption at the option of the City prior to their stated maturities in whole or in part, on any date on or after July 15, 2016, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates July 15, 2016 through July 14, 2017 July 15,2017 through July 14, 2018 July 15, 2018 and thereafter Prices 101% 100)1, 100 I Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. 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 ____________, 2006. CITY OF ROANOKE, VIRGINIA I I I I 549 (SEAL) ATTEST: Clerk, City of Roanoke, Virginia 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 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 I s 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: 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.) (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. 550 EXHIBIT B The proceeds of the Bonds will be used to finance the construction of I certain capital improvements and the acquisition and installation of certain capital equipment for Monterey Elementary School (the "Project"), provided that any proceeds not needed for the Project may be expended on any other capital improvement for school purposes within the City. APPROVED ATTEST: .~ tn. "1CJrAJ Stephanie M. Moon Acting Clerk (I~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of September, 2006. No. 37541-091806. I A RESOLUTION authorizing the proper City officials to make a boundary amendment to the City's Enterprise Zone One A that will delete certain areas currently within it and add certain areas not currently in it; 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 within the City's Enterprise Zone One A that are zoned solely residential and that are not able to benefit from the inclusion of these areas within Enterprise Zone One A; WHEREAS, there are certain areas currently located outside the City's Enterprise Zone One A that are contiguous to it that are not currently a part of Enterprise Zone One A, but that can be added to it 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 September 18, 2006; I I I I 551 WHEREAS, the Virginia Enterprise Zone Grant Program, 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 deletion of certain areas and the addition of certain areas of the City as part of the City'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 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 the City's Enterprise Zone One A, which amendment will delete certain areas currently within it and add additional areas which are currently outside it. This boundary amendmenHs more fully shown on the maps attached to the City Manager's letter to Council dated September 18, 2006, 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 the City's existing Enterprise Zone One A pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Program, as amended, which boundary amendment will delete certain areas currently within it and add to it certain areas not currently in Enterprise Zone One A, all as more fully set forth in the above mentioned letter. 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Program Regulations. 552 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 the City'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. Any such approved boundary amendment will be retroactive to January 1, 2006, or as otherwise provided by such approval from the Virginia Department of Housing and Community Development. APPROVED ATTEST: ~~~ ~,P7. h]a-rM-i Stephanie M. Moon Acting City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of September, 2006. No. 37542-091806. 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 such amendments and/or to take such further action as may be necessary to obtain or confirm such amendments; and dispensing with the second reading by title of this ordinance. WHEREAS, 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: I I I I I I 553 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 fa<;ade grants under certain conditions. City staff recommends that the definition of fa<;ade be modified; and 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 IDA for a percentage of monthly fire service charges for a new, first time fire suppression system that was voluntarily installed, and that City staff has recommended that such grants be extended to such fire suppression system whether voluntarily installed or installed due to requirements of applicable codes, and to place a cap on such grants. 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: A. Paragraph number 4 is deleted and is hereby replaced by the following paragraph number 4: 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 fa<;ade grants to a business firm, property owner, or leaseholder authorized to make improvements, of one-third of any building fa<;ade renovation costs for those fa<;ades in need of renovation that visually improves the fa<;ade (a fa<;ade being the portion of any exterior elevation which faces or abuts a public right-of-way and contains the principal entrance to the building or is immediately adjacent thereto) of a building within Enterprise Zone One A up to a maximum of Twenty-five Thousand Dollars ($25,000) per grant with a total yearly limit for all such grants of at least One Hundred Thousand Dollars ($100,000). 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 554 by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. I B. Paragraph number 7 is deleted and is hereby replaced by the following paragraph number 7: 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, who installs such a system in an existing building in Enterprise Zone One A, whether or not required to do so by applicable codes, which grant will provide assistance for monthly fire service charges for such system. 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 grant 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 the monthly fire service charges that have been paid, subject to the yearly maximum amounts as noted below: I Year One - 50% of monthly fire service charges paid, but not to exceed $1,000 per year. Year Two - 40% of monthly fire service charges paid, but not to exceed $800 per year. Year Three - 30% of monthly fire service charges paid, but not to exceed $600 per year. Year Four - 20% of monthly fire service charges paid, but not to exceed $400 per year. Year Five - 10% of monthly fire service charges paid, but not to exceed $200 per year. The uses for such existing building for such grants are to be for profit commercial, mixed-use commercial, or industrial. I I I I 555 The availability of this modified local incentive is from January 1, 2006, 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. City Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Program Regulations 3. The local incentive amendments set forth above and in the City Manager's letter dated September 18, 2006, 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. Furthermore, if the VDHCD approves such items, the effective date for any such approved item will be retroactive to January 1, 2006. 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 on July 19, 2004, and as it may have been subsequently amended, 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 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. 556 7. Pursuant to the provIsions of Section 12 of the City Charter, the I second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: -!tfJ.~ m. h'iOMJ Stephanie M. Moon Acting City Clerk Q,~~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of September, 2006. No. 37543-091806. A RESOLUTION authorizing the proper City officials to make a boundary amendment to the City's Enterprise Zone Two that will delete certain areas I currently within it and add certain areas not currently in it; 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 within the City's Enterprise Zone Two that are zoned solely residential and that are not able to benefit from the inclusion of these areas within Enterprise Zone Two; WHEREAS, there are certain areas currently located outside the City's Enterprise Zone Two that are contiguous to it that are not currently a part of Enterprise Zone Two, but that can be added to it and that will benefit from the designation of those additional areas as part of Enterprise Zone Two, as set forth in a letter from the City Manager to Council dated September 18, 2006; WHEREAS, the Virginia Enterprise Zone Grant Program, 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 I letter; I I I 557 WHEREAS, the deletion of certain areas and the addition of certain areas of the City as part of the City's Enterprise Zone Two, 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 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 Two. 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 the City's Enterprise Zone Two, which amendment will delete certain areas currently within it and add additional areas which are currently outside it. This boundary amendment is more fully shown on the maps attached to the City Manager's letter to Council dated September 18, 2006, 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 the City's existing Enterprise Zone Two pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Program, as amended, which boundary amendment will delete certain areas currently within it and add to it certain areas not currently in Enterprise Zone Two, all as more fully set forth in the above mentioned letter. 3. Council hereby certifies that it 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 the City's Enterprise Zone Two 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. 558 5. Any such approved boundary amendment will be retroactive to January 1, 2006, or as otherwise provided by such approval from the Virginia I Department of Housing and Community Development. APPROVED ATTEST: ~\~~ JshA~!r;. rr;~ Stephanie M. Moon Acting City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'" day of September, 2006. No. 37544-091806. AN ORDINANCE amending Ordinance No. 33019-070196, adopted by City Council on July 1, 1996, by adding a local incentive not contained therein; I clarifying the definition of the term "business firm" as used in references relating to Enterprise Zone Two; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for the approval of such items and/or to take such further action as may be necessary to obtain or confirm such items; and dispensing with the second reading by title of this ordinance. 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 February 22, 2005, City Council adopted Ordinance No. 36984-022205, for the purpose of modifying certain local incentives contained in Ordinance No. 35820-041502 and extending the availability of such local incentives through December 31,2015; WHEREAS, City staff has recommended the addition of a local incentive to Enterprise Zone Two to provide for grants for certain parking lot improvements, I including landscaping; and I I I 559 WHEREAS, City staff has recommended clarifying the definition of the term "business firm" as used in references relating to Enterprise Zone Two in light of recent state code amendments. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Ordinance No. 33019-070196, adopted by City Council on July 1, 1996, is hereby amended by adding the following additional local incentive to the City's Enterprise Zone Two, which includes its Subzone: A. The City will provide funds to the Industrial Development Authority of the City of Roanoke, Virginia, (IDA) so the IDA can enhance economic development in Enterprise Zone Two by providing grants for parking lot improvements, including landscaping, as set forth herein. Such parking lot grants may be available to a business firm with a building at least 15 years old with an unpaved parking lot adjacent to such building, which parking lot is void of landscaping and which parking lot contributes stormwater runoff to a City- owned detention pond. However, any paving improvement plans must be approved by the IDA prior to the start of any work. Such work must include landscaping required by the current zoning requirements. Upon completion of such work, including landscaping, and any required approvals, such business firm may then request that a grant of up to one-third of the actual cost paid by such business firm to pave and landscape such parking lot up to a total grant amount of $25,000.00 per tax parcel or contiguous tax parcels on which that one parking lot is located and for which the grant is requested. The City intends to provide at least $ 50,000.00 per year for this local incentive. B. The City Manager is authorized to establish appropriate rules and regulations necessary to implement and administer this local incentive. 2. The term "business firm" as used in references for Enterprise Zone Two is hereby clarified so that such term is defined as it was set forth in Section 59.1-271 of the Code of Virginia (1950), as amended, as of June 30, 2005, before that section expired, and also includes any for profit business entity. 3. City Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Program Regulations. 560 4. The local incentive amendments and/or items set forth above and in the City Manager's letter dated September 18, 2006, 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. Furthermore, if the VDHCD approves such items, the effective date for any such approved item will be retroactive to January 1, 2006. 5. Any funding required for any such local incentives is subject to the appropriation of such funds by Council. 6. As amended, Ordinance No. 33019-070196, adopted July 1, 1996, and as it may have been subsequently amended, 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 items 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 ATTEST: ~~/Y).rr;Om) 5tephanie M. Moon Acting City Clerk I I I I I I 561 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of September, 2006. No. 37545-091806. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Enterprise Zone One A and Enterprise Zone Two Projects, amending and reordaining certain sections of the 2006- 2007 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 2006-2007 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 08-310-9736-9003 Appropriated from General Revenue 08-310-9760-9003 Fund Balance Economic and Community Development Reserve - Unappropriated 08-3365 $50,000.00 50,000.00 (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: -m>>~ h7'IYJD~ Stephanie M. Moon Acting City Clerk Cv~~ C. Nelson Harris Mayor 562 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 18th day of September, 2006. No. 37546-091806. AN ORDINANCE authorizing the lease of 284 square feet of space located within City-owned property located in the City Market Building, for a term of one (1) year; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on September 18, 2006, 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 lease. THEREFORE, 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, in a form approved by the City Attorney, an agreement with Francine Barish-Stern Bray d/b/a Creations for the lease of approximately I 284 square feet of space located within City-owned property in the City Market Building, for a term of one (1) year, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated September 18, 2006. 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: c.mJLvv A0-R ~;rn.lY)o&YU Stephanie M. Moon Acting City Clerk C. Nelson Harris Mayor I I I I 563 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 8'h day of September, 2006. No. 37547-091806. AN ORDINANCE authorizing the conveyance of a surface and sub-surface easement of an approximate width of 10 feet and an approximate length of 65 feet across City-owned property identified ~y Official Tax Map No. 1020310, located on Franklin Road, S. W., to Appalachian Power Company, to provide electrical service to the new Fire - EMS Headquarters Building, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on September 18, 2006, pursuant to Section 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 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, upon approved by the City Attorney, the necessary documents donating and conveying a surface and subsurface easement of an approximate width of 10 feet and an approximate length of 65 feet across City- owned property identified by Official Tax Map NO.1 02031 0, located on Franklin Road, S. W., to Appalachian Power Company, to provide electrical service to the new Fire - EMS Headquarters Building, as more particularly set forth in the September 18, 2006, 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 ATTEST: M~ (Y). frJ~W Stephanie M. Moon Acting City Clerk c,~L C. Nelson Harris Mayor I [PAGE LEFT INTENTIONALLY BLANK] I I I I I 564 IN THE COUNCIL FORTHE CITY OF ROANOKE, VIRGINIA, The 20' day of October, 2006. No. 37551-100206. A RESOLUTION authorizing the execution of a memorandum of understanding with the School Board for the City of Roanoke in order that the City may provide storage and distribution of motor fuel to the Schoof Board. WHEREAS, the City has space for the storage and distribution of motor fuel within its Fleet Management facility; WHEREAS, the School Board has a need to store and distribute approximately 450,000 gallons of motor fuel to its vehicles each budget year; and WHEREAS, the City and the School Board recognize the benefits to each party for the City to provide storage and administrative services to the School Board for the storage and distribution of motor fuel to vehicles of the School Board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: I. The City Manager is hereby authorized, for and on behalf of the City, to execute a memorandum of understanding with the School Board for the City of Roanoke, for the City to provide storage and distribution of motor fuel to the School Board. 2. Such memorandum and any other necessary and appropriate documents shall be in a form approved by the City Attorney. APPROVED ATTEST: ~~~ Acting City Clerk ~.UeQ~ c. Nelson Harris Mayor 565 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 2" day of October, 2006. No. 37552-100206. A RESOLUTION authorizing acceptance of the FY2007 Fire Programs Funds Grant made to the City of Roanoke by 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 FY2007 Fire Programs Funds Grant in the amount of $230,211.00, such grant being more particularly described in the letter of the City Manager to Council dated October 2, 2006. 2. 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. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Fire Programs in connection with the acceptance of the foregoing grant. I APPROVED ATTEST: ~'fr\.~ Stephanie M. Moon Acting City Clerk Q. \MJ-~ c. Nelson Harris Mayor I 566 I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"" day of October, 2006. No. 37555-100206. A RESOLUTION authorizing the addition of one new, full-time, permanent position for the City's Engineering Division. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby authorizes the addition of one new, full- time, permanent position for the purpose of supporting the architect staffing level of the City's Engineering Division, in accordance with the City Manager's letter to Council dated October 2, 2006. 2. The City Manager is authorized to take such action as may be necessary to implement the addition of the above referenced position. APPROVED I ATTEST: t ttJ. ~ C. Nelson Harris Mayor ~m."'1&O-N Stephanie M. Moon Acting City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"" day of October, 2006. No. 37556-100206. 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. I WHEREAS, the Council is advised that the term of office of Allen D. Williams, a Director of the Industrial Development Authority of the City of Roanoke, Virginia, will expire October 20, 2006; and 567 WHEREAS, ~ 15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such I 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 Allen D. Williams, 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 October 21, 2006, and expiring October 20, 2010. APPROVED ATTEST: Q.~~~ c. Nelson Harris Mayor ~n,.~ Stephanie M. Moon Acting City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19th day of October, 2006. No. 37577-101906. A RESOLUTION paying tribute to Rolanda B. Russell, Assistant City Manager for Community Development for the City of Roanoke, and expressing to her the appreciation of this City and its people for her exemplary public service. WHEREAS, Ms. Russell is a native of Illinois and graduated from Southern Illinois University in Carbondale; pursued a master's degree at the University of Illinois, Champaign; and received certification from Harvard University's John F. Kennedy School of Government, and the Development Training Institute Leadership Program; WHEREAS, when Ms. Russell came to Roanoke in 2001, she brought with her more than twelve years of work experience from the senior executive public sector in Decatur, Illinois; I WHEREAS, as Assistant City Manager for Community Development, Ms. Russell has overseen the departments of Human Services, Planning, Building and Economic Development, Housing and Neighborhood Services, Environmental and Emergency Management, Parks and Recreation, Police, and the Public Library System; WHEREAS, Ms. Russell has been involved in this community through her service on the City's Martin Luther King Jr. Memorial Committee, and Domestic Violence Task Force, as well as the boards of Roanoke Valley United Way, Kuumba Community Health and Wellness Center, and the Council of Community Services; WHEREAS, Ms. Russell has announced her resignation as Assistant City Manager for Community Development effective November 3, 2006; and WHEREAS, Ms. Russell has faithfully served the City of Roanoke and its citizens for over five 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 exemplary service rendered to the City of Roanoke and its people by Rolanda B. Russell. 2. The City Clerk is directed to transmit an attested copy of this resolution to Ms. Russell. APPROVED ATTEST: Stephanie M. Moon C. Nelson Harris Acting City Clerk Mayor MEASURE NUNBERS 37557 - 37576 DO NOT EXIST. 569 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19" day of October, 2006. No. 3 75 78-101906. A RESOLUTION authorizing acceptance of the Occupant Protection /Safety Restraint Grant made to the City of Roanoke by the Virginia Department of Motor Vehicles, 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 Motor Vehicles the Occupant Protection /Safety Restraint Grant in the amount of $10,000.00, such grant being more particularly described in the letter of the City Manager to Council dated October 19, 2006. 2. 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. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Motor Vehicles in connection with the acceptance of the foregoing grant. APPROVED ATTEST: rn o Stephanie M. Mon Acting City Clerk e9' 4L" C. Nelson Harris Mayor I I I 570 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 9'h day of October, 2006. No. 37579-101906. A RESOLUTION authorizing acceptance of the Enhanced Impaired Driving Enforcement Grant made to the City of Roanoke by the Virginia Department of Motor Vehicles, 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 Motor Vehicles the Enhanced Impaired Driving Enforcement Grant in the amount of $15,000.00, such grant being more particularly described in the letter of the City Manager to Council dated October 19, 2006. 2. 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. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Motor Vehicles in connection with the acceptance of the foregoing grant. APPROVED ATTEST: ~)n. ~OM) Stephanie M. Moon Acting City Clerk Q,U~~ c. Nelson Harris Mayor 571 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19th day of October. 2006. No. 37580-101906. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Occupant Protection/Safety Restraint and Enhanced Impaired Driving Enforcement Grants, amending and reordaining certain sections of the 2006-2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages 35-640-3435-1003 $ 13,934.00 FICA 35-640-3435-1120 1 ,066.00 Overtime Wages 35-640-3436-1003 9,290.00 I FICA 35-640-3436-1120 710.00 Revenues Enhanced Impaired Driving 35-640-3435-3435 15,000.00 Enforcement Occupant Protection 35-640-3436-3436 10,000.00 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: Q,\JJ,~~ c. Nelson Harris Mayor ~44')~rn,~~ Stephanie M. Moon Acting City Clerk I I I I 572 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 2006. No. 37581-101906. A RESOLUTION authorizing the City Manager to enter into the 2006-2007 Community Development Block Grant ("CDBG") subgrant Agreement with Total Action Against Poverty in the Roanoke Valley, Inc. (''TAP''), 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 2006-2007 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 more particularly set forth in the City Manager's letter dated October 19, 2006. APPROVED ATTEST: ~~'rY). ne Stephanie M. Moon Acting City Clerk e. ~iL..KJ c. Nelson Harris Mayor - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 2006. No. 37582-101906. A RESOLUTION authorizing the filing of a petition to rezone property which is owned by the City of Roanoke and located at 4803 Williamson Road, N. W., which is designated as Official Tax No. 2170128, subject to certain proffers. WHEREAS, the City of Roanoke owns certain property located at 4803 Williamson Road, N. W_, which is designated as Official Tax No. 2170128; 573 WHEREAS, such property is currently zoned CG, Commercial- I General District, from Williamson Road for a distance of 240 feet, and RM 2, Residential Mixed Density District, for approximately 125 feet to the rear property line; and WHEREAS, it is the desire of City Council to consider the rezoning of such property from CG, Commercial-General District, and RM-2, Residential Mixed Density District, to CG, Commercial-General District, subject to proffered conditions. 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 CG, Commercial-General District, and RM-2, Residential Mixed Density District, to CG, Commercial-General District, subject to proffered conditions, for the purpose of permitting the construction of a fire station. 2. That the City Manager is authorized to file a petition, similar I in form and content to the petition attached to the letter dated October 19, 2006, to this Council, approved as to form by the City Attorney, to rezone the subject property from CG, Commercial-General District, and RM-2, Residential Mixed Density District, to CG, Commercial- General District, subject to proffered conditions. APPROVED ATTEST: ~~"".~ Stephanie M. Moon Acting City Clerk cJA~~ c. Nelson Harris Mayor I I I I 574 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of October, 2006. No. 37583-101906. A RESOLUTION authorizing the acceptance of an EPA Brownfield Assessment Grant (Hazardous Substance) from the Environmental Protection Agency to fund environmental investigations of brown field properties within the City of Roanoke that are suspected of being contaminated by hazardous substances; 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 EPA Brownfield Assessment Grant (Hazardous Substance) from the Environmental Protection Agency, in the amount of $200,000.00 to fund environmental investigations of brownfield properties within the City of Roanoke that are suspected of being contaminated by hazardous substances, and as more particularly set forth in the letter dated October 19, 2006, from 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: C,W1.~ ~ 111. ~1hV. Stephanie M. Moon Acting City Clerk C. Nelson Harris Mayor 575 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 2006. No. 37584-101906. AN ORDINANCE to appropriate funding from the federal government for the Environmental Protection Agency Brownfield Assessment Hazardous Substance Grant, amending and reordaining certain sections of the 2006-2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Professional Services Administrative Services Travel and Training Program Supplies Revenues Brownfield Assessment- Hazardous Substance 35-615-8108-2010 35-615-8108-2030 35-615-8108-2044 35-615-8108-2066 35-615-8108-8108 $ 190,032.00 2,000.00 6,468.00 1,500.00 200,000.00 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: ~~M..~ Stephanie M. Moon Acting City Clerk c. C. Nelson Harris Mayor I I I I I I 576 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 2006. No. 37585-101906. A RESOLUTION authorizing the acceptance of an EPA Brownfield Assessment Grant (Petroleum-based) from the Environmental Protection Agency to fund environmental investigations of brownfield properties within the City of Roanoke that are suspected of being contaminated by petroleum-based substances: 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 EPA Brownfield Assessment Grant (petroleum-based) from the Environmental Protection Agency, in the amount of $200,000.00 to fund environmental investigations of brownfield properties within the City of Roanoke that are suspected of being contaminated by petroleum-based substances, and as more particularly set forth in the letter dated October 19, 2006, from 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: ~h1.~~ Stephanie M. Moon Acting City Clerk (,U~cA~ C. Nelson Harris Mayor 577 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19th day of October, 2006. No. 37586-101906. AN ORDINANCE to appropriate funding from the federal government for the Environmental Protection Agency Brownfield Assessment Petroleum Based Substance Grant, amending and reordaining certain sections of the 2006-2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Professional Services Ad m i n i strative Se rvi ces Travel and Training Program Supplies Revenues Brownfield Assessment- Petroleum Based 35-615-8109-2010 35-615-8109-2030 35-615-8109-2044 35-615-8109-2066 $190,032.00 2,000.00 6,468.00 1,500.00 200,000.00 I 35-615-8109-8109 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: ~:Vh1.~ Stephanie M. Moon Acting City Clerk c-. t~~o~ Mayor I I I I 578 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 9t" day of October, 2006. No. 37587-101906. AN ORDINANCE authorizing the City Manager's issuance of additional Change Orders to the City's contract with S.B. Cox, Incorporated, for changes in connection with the work on the demolition of Victory Stadium; 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 is authorized to execute, for and on behalf of the City, in a form approved by the City Attorney, such additional Change Orders to the City's contract with S.B. Cox, Incorporated, as may be needed to complete additional work concerning site grading, supplementary erosion and sediment control measures, and storm drainage in connection with the work on the demolition of Victory Stadium, all as more fully set forth in the City Manager's letter to Council dated October 19, 2006. 2. Such Change Orders will provide authorization for additions or deletions in the work with an increase and/or decrease in the amount of the contract, provided the total amount of any such Change Orders are within the amount of the previously transferred funds, $580,000.00, all as set forth in the above-mentioned letter of the City Manager. 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: ~h1. h')N- Stephanie M. Moon Acting City Clerk ~'c~~~~ Mayor 579 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19" day of October, 2006. No. 37588-101906. AN ORDINANCE amending and reordaining Ordinance No. 37190- 091905; and dispensing with the second reading by title of this ordinance. WHEREAS, by adopting Ordinance No. 37190-091905 on September 19, 2005, City Council intended to permanently vacate, discontinue and close a portion of Whitmore Avenue, S. W., west of Jefferson Street, S. W.; WHEREAS, Ordinance No. 37190-091905 provided that it would be null and void, with no further action by City Council being necessary, if certain conditions were not met; WHEREAS, Ordinance No. 37190-091905 became null and void, by its terms, when those conditions were not met; I WHEREAS, an extension of time in which the conditions can be met will effectuate the purpose of Ordinance No. 37190-091905; and WHEREAS, Carilion Medical Center, by counsel, has requested that the deadline for such conditions to be met be extended by six (6) months. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the next to last paragraph of Ordinance No. 37190-091905 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 eighteen (18) 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. 37190- 091905 that is to be recorded with the Clerk of the Circuit Court. I I I I 580 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: ~h,-h'J~ Stephanie M. Moon Acting City Clerk cllt~L c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 2006. No. 37589-101906. AN ORDINANCE amending 97-2, Removal. repair. or securement of structure: recovery of costs, of Chapter 7, Buildinq Requlations, of the Code of the City of Roanoke (1979), as amended; 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 7-2, Removal. repair. or securement of structure; recovery of costs, of Chapter 7, Buildinq Requlations, of the Code of the City of Roanoke, be, and it is hereby amended to read and provide as follows: 581 Section 7-2. Removal. repair. or securement of structure; recovery I of costs. * * .. (d) No action shall be taken by the city manager to remove, repair or secure any building, wall or other structure for at least thirty (30) days following the later of the return of the receipt or newspaper publication, except that the City Manager may take action to prevent unauthorized access to the building within seven (7) days of the notice referenced in subparagraph (c) of this section, if the structure is deemed to pose a significant threat to public safety and such fact is stated in the notice. * ~": * 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 I ATTEST: ~~h,.~ Stephanie M. Moon Acting City Clerk c,\1l~L c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 2006. No. 37590-101906. A RESOLUTION authorizing, among other things, the issuance of not to exceed $18,000,000.00 aggregate principal amount of Industrial Development Authority of the City of Roanoke, Virginia revenue bonds for the benefit of Virginia Lutheran Homes, Inc., to the extent required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and Section 15.2-4906 of the Code of Virginia of 1950, as amended. I 582 I WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia ("Authority") has considered the application of Virginia Lutheran Homes, Inc., a Virginia non-stock, non-profit corporation (the "Borrower"), requesting the issuance of the Authority's revenue bonds in an amount not to exceed $18,000,000.00 (the "Bonds") to be issued at one time or from time to time to assist the Borrower in financing or refinancing the following (collectively, the "Plan of Financing"): (1) the costs of constructing and equipping an expansion to the Borrower's existing residential care facility for the aged known as Brandon Oaks, located at 3804 Brandon Avenue, in the City of Roanoke, Virginia ("Brandon Oaks"), consisting of (a) an approximately 40,000 square foot, 3-story building to house 24 independent living units and (b) an approximately 40,000 square foot, 3-story building to house 40 assisted living units (the "Project"), including refinancing certain indebtedness related to the Project, (2) other capital expenditures at Brandon Oaks, working capital and capitalized interest, and (3) amounts required to fund a debt service reserve fund and to pay costs of issuance and other expenses in connection with the issuance of the Bonds; I WHEREAS, the Authority held a public hearing on the Borrower's application on October 11, 2006, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"). Section 147(f) of the Code also provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"); the Project is located in the City; and the City Council of the City of Roanoke, Virginia (the "Council") constitutes the highest elected governmental unit of the City; WHEREAS, the Authority has recommended that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Council. I 583 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke I as follows: 1. The Council approves the issuance of the Bonds pursuant thereto by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code to permit the Authority to assist the Borrower in financing or refinancing the Plan of Financing. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan of Financing or the Borrower. 3. This resolution shall take effect immediately upon its adoption. APPROVED ATTEST: ~-.,~m. h-Ji>>N Stephanie M. Moon Acting City Clerk tvUet I C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'" day of October, 2006. No. 37548-101906. AN ORDINANCE to appropriate funding from undesignated fund balance for the Capital Maintenance and Equipment Replacement Program (CMERP), funding from the Commonwealth of Virginia, funding from the Western Virginia Water Authority, and funding from the Economic and Community Development Reserve and the Reserve for Self-Insured Claims, amending and reordaining certain sections of the 2006-2007 General, Civic Facilities, Capital Projects, Market Building, Department of Technology, Fleet Management, Risk Management and Grant Funds I Appropriations. 584 BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2006-2007 General, Civic Facilities, Capital Projects, Market Building, Department of Technology, Fleet Management, Risk Management and Grant Funds Appropriations be, and the same are hereby, amended as follows: I I General Fund Appropriations CMERP - Equipment Purchases CMERP - Equipment Purchases Center in the Square Jefferson Center CMERP - Equipment Purchases Fees for Professional Services CMERP - Equipment Purchases Youth Scholarships CSA Vendor Fair Citizen Police Academy Homeland Defense Project Life Saver CMERP - Equipment Purchases Transfer to Civic Facilities Fund Transfer to Capital Projects Fund Transfer to Market Building Fund Transfer to DOT Fund Transfer to Fleet Management Fund Transfer to Risk Management Fund Transfer to Grant Fund Revenues Billings to WVWA - Paving Program Fund Balance Reserved for CMERP - City I 01-121-2131-9132 01-124-2120-9132 01-300-7220-3706 01-300-7220-3893 01-530-4110-9132 01-530-4120-2010 01-620-7110-9132 01-620-8170-2302 01-630-5411-2217 01-640-3114-2132 01-640-3114-2164 01-640-3114-2169 01-650-7310-9132 01-250-9310-9505 01-250-9310-9508 01-250-9310-9509 01-250-9310-9513 01-250-9310-9517 01-250-9310-9519 01-250-9310-9535 01-110-1234-1514 01-3323 $21,700.00 5,625.00 50,000.00 32,200.00 40,000.00 18,035.00 28,750.00 4,457.00 7,693.00 103.00 391.00 18,060.00 25,000.00 516,498.00 1,209,677.00 263,000.00 200,000.00 429,000.00 250,000.00 60,000.00 18,035.00 (2,912,154.00) 585 Reserved for Self-Insured I Claims 01-3327 (250,000.00) Civic Facilities Fund Appropriations CMERP - Equipment Purchases 05-550-8616-9132 516,498.00 Revenues Transfer from General Fund 05-110-1234-0951 516,498.00 Capital Proiects Fu nd Appropriations CMERP - Equipment Purchases 08-300-9829-9132 235,000.00 CMERP - Equipment Purchases 08-310-9737-9132 80,000.00 CMERP - Equipment Purchases 08-310-9799-9132 100,000.00 CMERP - Equipment Purchases 08-310-9843-9132 75,000.00 CMERP - Equipment Purchases 08-440-9861-9132 80,000.00 Contingency 08-530-9575-9220 240,850.00 I CMERP - Equipment Purchases 08-530-9752-9132 89,437.00 CMERP - Equipment Purchases 08-530-9850-9132 50,000.00 CMERP - Equipment Purchases 08-530-9851-9132 65,000.00 CMERP - Equipment Purchases 08-620-9748-9132 (227,810.00) CMERP - Equipment Purchases 08-620-9758-9132 12,000.00 CMERP - Equipment 08-650-9747-9132 335,000.00 Purchases Appropriated from General Revenue 08-660-9785-9003 75,200.00 Transfer to Market Building Fund 08-530-9712-9504 274,300.00 Revenues Transfer from General Fund 08-110-1234-1037 1,209,677.00 Fund Balance Economic and Community I Development Reserve - Unappropriated 08-3365 (274,300.00) 586 I MarkeJ Buildina Fund Appropriations Appropriated from General Revenue 09-310-8135-9003 263,000.00 Appropriated from General Revenue 09-310-8136-9003 274,300.00 Revenues Transfer from General Fund 09-110-1234-0951 263,000.00 Transfer from Capital Projects Fund 09-110-1 234-1 237 274,300.00 Deoartment of Technoloav Fund Appropriations Reserve - Future Capital Outlay 13-430-1602-3028 549,494.00 CMERP - Equipment Purchases 13-430-1602-9132 200,000.00 Revenues Transfer from General Fund 13-110-1234-0951 200,000.00 Voting Systems- Commonwealth 13-110-1234-9894 549,494.00 I Fleet Manaaement Fund Appropriations CMERP - Equipment Purchases 17-440-2642-9132 429,000.00 Revenues Transfer from General Fund 17-110-1234-0951 429,000.00 Risk Manaaement Fund Revenues Transfer from General Fund 19-110-1234-1037 250,000.00 Retained Earnings Reserve for Self-Insured Claims 19-3327 250,000.00 I 587 Grant Fund Appropriations Local Match Funding for Grants 35-300-9700-5415 Revenues Local Match Funding for Grants 35-300-9700-5207 I 60,000.00 60,000.00 APPROVED ATTEST: ~~Ir7.~ Stephanie M. Moon Acting City Clerk (2, C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 2006. I No. 37549-101906. AN ORDINANCE to appropriate funding from the 2006-07 Capital Maintenance and Equipment Replacement Program for the Patrick Henry High School Project, amending and reordaining certain sections of the 2006-2007 General, School and School Capital Projects Funds Appropriations. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2006-2007 General, School and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to School Capital Projects Fund 01-250-9310-9531 Fund Balance Undesignated Fund Balance - Schools 01-3324 School Fund $ 861,487.00 (861,487.00) I 588 I Appropriations Transfer to School Capital Projects Fund 30-066-7700-9531 138,513.00 Fund Balance Undesignated Fund Balance - Schools 30-3324 (138,513.00) School Caoital Proiects Fund Appropriations CMERP - Equipment Purchases 31-065-6066-6896-9132 1,000,000.00 Revenues Transfer from General Fund - CMERP 31-110-1234-1356 861,487.00 Transfer from School Fund 31-110-1234-1127 138,513.00 APPROVED I I ATTEST: e,~L ~~ "rr,. ~ Stephanie M. Moon Acting City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 2006. No. 37550-101906. AN ORDINANCE to adjust the budget to reflect additional billings to be made to the School Board for motor fuel, amending and reordaining certain sections of the 2006-2007 Fleet Fund Appropriations. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2006-2007 Fleet Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 589 Appropriations Motor Fuel/Lube Purchases 17-440-2641-3013 Revenues Billings for Motor Fuel and Lube- Schools 17-110-1234-1275 $1,269,500.00 1,269,500.00 APPROVED ATTEST: ~~~h1.~ Stephanie M. Moon Acting City Clerk Q.. C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 2006. No. 37553-101906. AN ORDINANCE appropriating funding from the Commonwealth of Virginia for the Fire Program Grant, amending and reordaining certain sections of the 2006-2007 Grant Fund Appropriations. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: I I I I I I 590 Appropriations Expendable Equipment <$5,000 Training and Development Wearing Apparel Recruiting Regional Fire Training Academy Revenues Fire Program FY07 35-520-3336-2035 35-520-3336-2044 35-520-3336-2064 35-520-3336-2065 35-520-3336-9073 $85,211.00 10,000.00 70,000.00 5,000.00 60,000.00 35-520-3336-3336 230,211.00 APPROVED ATTEST: ~.~L c. Nelson Harris Mayor ~n,.~ Stephanie M. Moon Acting City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 2006. No. 37554-101906. AN ORDINANCE amending Ordinance No. 37385-051106, which adopted and established a Pay Plan for officers and employees of the City effective July 1, 2006. WHEREAS, in a report to Council dated October Z, 2006, the City Manager has requested that the Arts Festival Director be paid an annual salary increment of $2,000.00 because the Director is required to privately own or lease a motor vehicle to use in the routine course of conducting City business. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Ordinance No. 37385-051106, be, and it hereby is, amended to provide that the Arts Festival Director be paid an annual salary increment of $2,000.00 subject to the terms and conditions set out in such ordinance. 591 I 2. All other provIsions of Ordinance No. 37385-051106, adopted May 11, 2006, shall remain in full force and effect. APPROVED ATTEST: t~~ Mayor ~~h1.~o0Y0 Stephanie M. Moon Acting City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 2006. No. 37591-101906. I 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 Dennis R. Cronk, a Director of the Industrial Development Authority of the City of Roanoke, Virginia, will expire October 20, 2006; and 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. I I I I 592 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Dennis R. Cronk 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 October 21, 2006, and expiring October 20, 2010. APPROVED ATTEST: ~~.~ Stephanie M. Moon Acting City Clerk e. W~ L c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 2006. No. 37592-101906. A RESOLUTION authorizing payment of a salary supplement to the Acting City Clerk. WHEREAS, by Resolution No. 37529-090506, Council appointed Stephanie M. Moon as Acting City Clerk; and WHEREAS, Council desires that Ms. Moon receive a salary supplement to help offset the expense to her of maintaining a personal motor vehicle, which is necessary for her work. 593 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke I that Stephanie M. Moon shall receive a salary supplement of $96.15 bi- weekly for such time as she serves as Acting City Clerk. APPROVED ATTEST: ~}r,. ~0cM) Stephanie M. Moon Acting City Clerk c.~L c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 2006. No. 37593-101906. A RESOLUTION confirming the City Manager's appointment of I James Grigsby as Assistant City Manager for Operations. BE IT RESOLVED by the Council of the City of Roanoke that Council does hereby confirm the City Manager's appointment, as communicated to Council by a letter from the City Manager dated October 19, 2006, of James Grigsby as Assistant City Manager for Operations, effective October 4, 2006. APPROVED ATTEST: ~1Y1.~ Stephanie M. Moon Acting City Clerk ~1A1k4~ C. Nelson Harris Mayor I 594 I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h of October, 2006. No. 37594-101906. AN ORDINANCE permanently vacating, discontinuing and closing a portion of an alleyway and certain public rights-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, F. A. Bartlett Tree Expert Company, represented by ECS Mid-Atlantic, LLC, filed an application to the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close an alley running parallel with Roanoke and Berkley Avenues, S. W., between Official Tax Map Nos. 1510410 through 1510417 and certain public rights-of-way described hereinafter; I WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 930-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on October 19, 2006, after due and timely notice thereof as required by 930-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such portion of an alleyway and certain public rights-of-way. I THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the alleyway and certain public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: 595 That certain alleyway running parallel with Roanoke and Berkley Avenues, S. W., between Official Tax Map Nos. 1510410 through 1510417. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed alleyway and 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 alleyway and 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 alleyway and public rights-of-way of any such municipal installation or other utility or facility by the owner thereof. I BE IT FURTHER ORDAINED that the applicants shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the rights-of-way. I 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 five hundred thirty dollars and eighty cents ($2,530.80) as consideration pursuant to 915.2- 2008, Code of Virginia (1950), as amended, for the vacated right-of-way, or in lieu of such payment, the applicant plant large deciduous trees, or a combination of payment and tree planting for a credit of $250.00 per tree. I I I I 596 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 applicants, 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 applicants 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 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: c,~~ ~"".~ Stephanie M. Moon Acting City Clerk C. Nelson Harris Mayor 597 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 1 9'h day of October, 2006. No. 37595-101906. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to amend an INPUD of 1.84 acres, to permit an expansion of the existing parking structure on property on or near 1815 Belleview Avenue, S. E., bearing Official Nos. 4060201, 4040831, 4040830, 4040829, 4040828, 4040827, 4040826, and a portion of 4040833; and dispensing with the second reading by title of this ordinance. WHEREAS, Carilion Medical Center has made application to the Council of the City of Roanoke, Virginia ("City Council'"), to amend an INPUD of 1.84 acres, to permit an expansion of the existing parking structure on property on or near 1815 Belleview Avenue, S. E., bearing Official Nos. 4060201, 4040831, 4040830, 4040829, 4040828, 4040827,4040826, and a portion of 4040833; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; I WHEREAS, a public hearing was held by City Council on such application at its meeting on October 19, 2006, after due and timely notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the amendment of the INPUD of 1.84 acres, to permit an expansion of the existing parking structure on property on or near 1815 Belleview Avenue, S.E., bearing Official Nos. 4060201, 4040831, 4040830, 4040829, 4040828, 4040827, 4040826, and a portion of 4040833; and I I I I 598 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, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the INPUD of 1.84 acres, to permit an expansion of the existing parking structure on property on or near 1815 Belleview Avenue, S. E., bearing Official Nos. 4060201, 4040831, 4040830, 4040829, 4040828, 4040827, 4040826, and a portion of 4040833, as set forth in the Second Amended Petition to Amend an Institutional Planned Unit Development filed in the Office of the City Clerk on October 5, 2006, for property located on or near 1815 Belleview Avenue, S. E., bearing Official Nos. 4060201, 4040831, 4040830, 4040829, 4040828, 4040827, 4040826, and a portion of 4040833, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the INPUD of 1.84 acres, to permit an expansion of the existing parking structure on property on or near 1815 Belleview Avenue, S. E., bearing Official Nos. 4060201, 4040831, 4040830, 4040829, 4040828, 4040827, 4040826, and a portion of 4040833, as set forth in the Second Amended Petition to Amend an Institutional Planned Unit Development filed in the Office of the City Clerk on October 5, 2006. 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: ~h,. YvtDtN Stephanie M. Moon Acting City Clerk C. Nelson Harris Mayor 599 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19'" day of October, 2006. No. 37596-101906. AN ORDINANCE exempting from real estate property taxation certain property located in the City of Roanoke of the Kazim Temple Corporation, 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, Kazim Temple Corporation (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 October 19, 2006; WHEREAS, the provisions of subsection B of Section 58.1-3651, I 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, including the land and any building located thereon, identified by Roanoke City Tax Map Nos. 1112405, 1112406, 1112407, and 1112408 and located at Rorer Avenue, S. W., (the "Property"), and owned by the Applicant, 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; I 600 I THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates Kazim Temple Corporation as a charitable or benevolent organization within the context of Section 6(a) (6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, identified by Roanoke City Tax Map Nos. 1112405, 1112406, 1112407, and 1112408 and located at Rorer Avenue, S. W., and 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 contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. I 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, 2007, 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 Bobby C. Looney, President, Kazim Temple Corporation. I 601 5. Pursuant to Section 12 of the City Charter, the second I reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~;""'h1.~~ Stephanie M. Moon Acting City Clerk ~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of October, 2006. No. 37597-101906. AN ORDINANCE authorizing the lease of 240 square feet of space located within City-owned property located in the City Market Building, I for a term of one (1) year; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on October 19, 2006, pursuant to 915.2-1 800(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 as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, an agreement with John Michael Forrester, Jr., d/b/a Red Coyote for the lease of approximately 240 square feet of space located within City- owned property in the City Market Building, for a term of one (1) year, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated October 19, 2006. I I I I 602 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: c.~ C. Nelson Harris Mayor ~~ 1"1. ~o.-V Stephanie M. Moon Acting City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of October, 2006. No. 37598-101906. AN ORDINANCE authorizing the lease of 290 square feet of space located within City-owned property located in the City Market Building, for a term of three (3) years; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on October 19, 2006, pursuant to 915.2-1800(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 as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, an agreement with Penick, Inc., d/b/a New York Subs for the lease of approximately 290 square feet of space located within City-owned property in the City Market Building, for a term of three (3) years, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated October 19, 2006. 603 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. I APPROVED ATTEST: ~~h1.~ Stephanie M. Moon Acting City Clerk (~ ~cttywb C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19'h day of October, 2006. No. 37599-101906. AN ORDINANCE authorizing the proper City officials to execute a contract to sell to Madison Field, Inc., certain City owned property located I at the southeast corner of the intersection of Overland Road, S. W., and Brambleton Avenue, S. W., and identified as a part of Tax Map No. 1360301, upon certain terms and conditions: authorizing the City Manager to execute such further documents and take such further action as may be necessary to accomplish the above matters; and dispensing with the second reading by title of this Ordinance. WHEREAS, the Council of the City of Roanoke, after proper advertisement, held a public hearing on the above matter on October 19, 2006, pursuant to Sections 15.2-1800 and 15.2-1813, of the Code of Virginia (1950), as amended, at which hearing all parties and citizens were afforded an opportunity to be heard on the above matters; and WHEREAS, after closing the public hearing, Council believes the sale of such property will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: I 604 I 1. The City Manager and the City Clerk are authorized on behalf of the City to execute and attest, respectively, a contract to sell to Madison Field, Inc., certain City owned property located at the southeast corner of the intersection of Overland Road, S. W., and Brambleton Avenue, S. W., consisting of approximately 1.4 acres and identified as a portion of Tax Map No. 1360301, upon certain terms and conditions as set forth in the contract attached to the City Manager's letter to this Council dated October 19, 2006. Such contract is to be substantially similar to the one attached to such letter, and in a form approved by the City Attorney. 2. The City Manager is further authorized to execute such further documents, including a Deed of Conveyance, and take such further action as may be necessary to accomplish the above matters and complete the sale of the above-mentioned property to Madison Field, Inc., with the form of such documents to be 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 I ATTEST: Q UdlJM ~:-'fr1.~ Stephanie M. Moon Acting City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 2006. No.3 7600-101906. I AN ORDINANCE authorizing the City Manager to execute a Declaration of Restrictive Covenants and any documentation required by the Virginia Department of Environmental Quality (VDEQ) and to take such further action as may be needed to obtain the VDEQ or other government agency approval for a stream mitigation project in connection with a portion of certain City owned property known as Thrasher Park, which portion contains approximately 3.29 acres, and is a 605 part of Official Tax Map No. 3330402; and dispensing with the second I reading by title of this ordinance. 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 attest, respectively, a Declaration of Restrictive Covenants, substantially similar to the one attached to the City Manager's letter to Council dated October 19, 2006, and any related and necessary documents, in a form approved by the City Attorney, affecting a portion of certain City owned property known as Thrasher Park, which portion contains approximately 3.29 acres, and is a part of Official Tax Map No. 330402, upon certain terms and conditions as may be required by the VDEQ or other government agency and as set forth in the above- mentioned letter of the City Manager. 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 or other government agency approval for the City's successful completion of the Thrasher Park mitigation project referred to in the above-mentioned letter of the City Manager. 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: ~~.~ Stephanie M. Moon Acting City Clerk t~~~ Mayor I I