HomeMy WebLinkAbout37601-110606 - 37924-100107
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6'" day of November, 2006.
No. 37601-110606.
A RESOLUTION authorizing acceptance of the Rescue Squad
Assistance Fund Grant made to the City of Roanoke 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 Manager is hereby authorized on behalf of the City
to accept from the Virginia Department of Health, Office of Emergency
Medical Services the Rescue Squad Assistance Fund Grant in the amount
of $19,500.00, to be used toward the purchase of two additional 12 Lead
EKG Defibrillators, such grant being more particularly described in the
letter of the City Manager to Council dated November 6, 2006.
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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 Virginia Department of
Health, Office of Emergency Medical Services in connection with the
acceptance of the foregoing grant.
APPROVED
ATTEST:
~th:~
Q,UeIL~
Stephanie M. Moon
Acting City Clerk
C. Nelson Harris
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6'h day of November, 2006.
No.3 7602-110606.
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 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
Other Equipment
Local Match Funding for Grants
Revenues
RSAF - EKG - State FY07
RSAF - EKG - Local FY07
Local Match Funding for Grants
35-520-3572-9015
35-300-9700-5415
$ 39,000
(19,500)
19,500
19,500
(19,500)
35-520-3572-3572
35-520-3572-3573
35-300-9700-5207
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:
~~,.v'n1..~
Stephanie M. Moon
Acting City Clerk
~,w'-~
C. Nelson Harris
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6'" day of November, 2006.
NO.3 7603-110606.
A RESOLUTION relating to payment of a matching contribution of
five dollars on behalf of any non-temporary employee of the City who
makes a contribution of an equal amount on his or her own behalf to a
Flexible Spending Account for healthcare costs.
WHEREAS, providing for a matching City contribution to employees'
flexible spending accounts for healthcare costs should encourage more
employees to participate in such program;
WHEREAS, providing such matching contributions may enhance the
City's ability to attract and retain a skilled workforce; and
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WHEREAS, funding is available to fund such matching contributions.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Effective January 1, 2007, the City shall contribute five
dollars per biweekly pay period on behalf of any non-temporary employee
of the City who contributes an equal or greater amount on his or her own
behalf to this Flexible Spending Account for healthcare costs by payroll
deduction for each such biweekly pay period.
2. The Director of Finance or his designee shall be authorized,
for and on behalf of the City, to execute any documents required to
implement this Resolution.
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3. The benefit provided by this Resolution shall not be I
considered permanent, and City Council reserves the right to amend the
terms and conditions of this Resolution or repeal this benefit.
APPROVED
ATTEST:
~~h1.~
Stephanie M. Moon
Acting City Clerk
e., l,(~M
'.
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6'" day of November, 2006.
No. 37604-110606.
AN ORDINANCE amending and reordaining Ordinance No. 37503- I
080706; and dispensing with the second reading by title of this
ordinance.
WHEREAS, by adopting Ordinance No. 37503-080706 on August 7,
2006, City Council intended to convey Official Tax Map No. 7390713,
containing 0.2457 of an acre, located on Nelms Lane, N. E., to L & L
Development Corporation, by a quitclaim deed, for the consideration of
$25,000.00;
WHEREAS, subsequently it was discovered that because of how the
two sewer systems that serve this neighborhood are laid out, sewer is not
directly available to this lot without an extension of one of the systems;
WHEREAS, the cost estimate provided by the Western Virginia Water
Authority to extend the necessary facilities to provide sewer service to
this lot is approximately $26,000.00, which is greater than the value of
the lot itself;
WHEREAS, this lot cannot be developed without incurring the
expense of extending the sewer line;
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WHEREAS, L & L Development Corporation has indicated It IS not
feasible to develop the lot for a single family home while incurring the
costs of the land, removal of remaining foundations from the former
water tank, and extension of the sewer line; and
WHEREAS, in order for this City-owned parcel to be conveyed for
development of a single family home and to provide a feasible means to
have the lot be developed and returned to the tax base given the
extraordinary development costs, it is reasonable to convey the property
for a nominal charge to L & L Development Corporation;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that the next to last paragraph of Ordinance No. 37S03-080706 be
amended to read and provide as follows, and that such ordinance be
reordained as amended:
BE IT FURTHER ORDAINED:
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 ten dollars ($10.00), upon the
terms and conditions set forth in the City Manager's letter to
this Council dated October 2, 2006; and
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:
!;;t:, 11.,. .,~ )1,. ~,.,.,;
Stephanie M. Moon
Acting City Clerk
~-~~~
C. Nelson Harris
Mayor
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IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
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The 6'" day of November, 2006.
No.3 7605-110606.
AN ORDINANCE authorizing the proper City officials to execute an
amendment to a Performance Agreement dated November 18, 2004,
among the City of Roanoke, (City), the Industrial Development Authority
of the City of Roanoke, Virginia, (IDA), and IMD Investment Group, LLC,
(lMD), which amendment will provide for certain time extensions
concerning certain obligations of IMD under such Performance
Agreement; and dispensing with the second reading by title of this
Ordinance.
WHEREAS, the City, the IDA (the IDA is changing its name to the
Economic Development Authority of the City of Roanoke, Virginia), (EDA),
and IMD entered into a Performance Agreement dated November 18,
2004, (Performance Agreement) concerning IMD's proposed development
of certain property mentioned therein, and which was subject to certain
terms and conditions contained in such Performance Agreement; and
WHEREAS, due to unanticipated time delays which IMD has I
indicated were beyond its control, IMD has requested certain time
extensions for completion of some of IMD's obligations under the
Performance Agreement and the City and the IDA (EDA) have agreed to
IMD's request.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. City Council hereby approves IMD's requested time
extensions for completion of some of IMD's obligations under the
Performance Agreement, namely those items relating to Subsections
2(B), (D), and (E), all as set forth in the City Manager's letter to Council
dated November 6, 2006, and the draft amendment attached thereto.
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2. The City Manager and the Acting City Clerk are authorized on
behalf of the City to execute and attest, respectively, an amendment to
the Performance Agreement providing for certain time extensions for IMD
to complete some of IMD's obligations under the Performance Agreement
upon certain terms and conditions as set for the in the above mentioned
City Manager's letter. Such amendment will 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 amendment to
the Performance Agreement and of the Performance Agreement itself.
4. Pursuant to the provisions of Section 12 of the City Charter,
the second reading by title of this Ordinance is hereby dispensed with.
APPROVED
ATTEST:
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~~h,.~
Stephanie M. Moon
Acting City Clerk
t:lA.d~ ~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6'" day of November, 2006.
No.3 7606-110606.
AN ORDINANCE amending and reordaining Section 2-15, Rules of
Procedure. of Chapter 2, Administration, Code of the City of Roanoke
(1979), as amended, by adding a new subsection (f); and dispensing with
the second reading by title of this ordinance.
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BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 2-15, Rules of Procedure, of Chapter 2,
Administration, Code of the City of Roanoke (1979), as amended, is
hereby amended and reordained to read and provide as follows:
~2-15. Rules of Procedure.
* * *
(f) As long as Council conducts a least two
regular meetings each month, as required by
Section 10 of the Charter, if the Mayor determines
that there is no business to be conducted at a
scheduled meeting, the Mayor may cancel such
meeting, in which event the City Clerk shall give
such notice as is practical of such cancellation to
City Council, the public, and the news media.
2. Pursuant to Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~~\'Y1,~
Stephanie M. Moon
Acting City Clerk
~.1A.~~ ~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6'" day of November, 2006.
No.3 7607-110606.
AN ORDINANCE changing the name of the Industrial Development
Authority of the City of Roanoke, Virginia, to the Economic Development
Authority of the City of Roanoke, Virginia; and dispensing with the
second reading by title of this ordinance.
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WHEREAS, the Industrial Development Authority of the City of
Roanoke, Virginia (the "Authority"), a political subdivision of the
Commonwealth of Virginia, was created by Ordinance No. 18391 of the
Council on October 21, 1968, pursuant to the Industrial Development and
Revenue Bond Act (Chapter 33, Title 15.1, Code of Virginia, 1950, as
amended);
WHEREAS, on October 11, 2006, the Directors of the Authority
passed a resolution requesting Council to authorize changing the name
of the Authority;
WHEREAS, Section 15.2-4903 of the Code of Virginia, 1950, as
amended, authorizes the governing body of the City of Roanoke, Virginia,
to change the name of the Authority to the Economic Development
Authority of the City of Roanoke, Virginia, if it so chooses; and
WHEREAS, Council finds that changing the name of the Industrial
Development Authority of the City of Roanoke, Virginia, to the Economic
Development Authority of the City of Roanoke, Virginia, more accurately
reflects its current purpose and role in fostering and promoting economic
development in the City.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that:
1. Council hereby amends paragraph 2 of Ordinance No. 18391
to read as follows: "2. That the name of the political subdivision of the
Commonwealth created hereby shall be the Economic Development
Authority of the City of Roanoke, Virginia (the Authority)."
2. Pursuant to Section 12 of the City Charter, the second
reading by title of this ordinance is hereby dispensed with.
APPROVED
ATTEST:
~ h,. YvL~
Stephanie M. Moon
Acting City Clerk
Q~~
C. Nelson Harris
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
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The 6'" day of Novmeber, 2006.
No.3 7608-110606.
AN ORDINANCE amending and reordaining Section 32.1-8,
Technoloqv Zone Incentives. of Chapter 32.1, Technoloqv Zone; 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 32.1-8, Technoloqv Zone Incentives, of Chapter 32.1,
Technoloqv Zone, is hereby amended and reordained to read and provide
as follows:
~32.1-8. Technoloqv zone incentives.
(a) Telecommunication connection fee grant (i.e. fiber
optics, data). Qualified technology businesses may receive
a one-time telecommunication connection fee grant, equal
to fifty (50) percent of the actual costs spent by such
business to obtain telecommunication services to its
location, but such grant will not exceed one thousand
dollars ($1,000.00) per business. A qualified zone
resident may also qualify for such a grant if the qualified
zone resident can demonstrate that one hundred (100)
percent of the cost of the telecommunication connection
is to accommodate a qualified technology business
actually operating in such resident's facility. Such grants
shall be awarded through a grant from the Economic
Industrial Development Authority of the City of Roanoke,
Virginia (ElDA).
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(b) Capital investment grants.
(1) There is hereby established a capital
investment grant which may be provided to
qualified technology businesses. The grant
will be based on the net increase in the
taxes paid on new investment made within
the technology zone. The capital investment
grant will be calculated on the net
qualifying increase in business personal
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property and real estate taxes actually paid
by a qualified technology business. The
grant will be equal to fifty (50) percent of
the net increase in taxes actually paid by
the technology business and which increase
resulted from a qualified technology
business' new investment in business
personal property and/or real estate
improvements.
(2)
Grants will be administered through the
Economic Industrial Development Authority
of the City of Roanoke, Virginia (ElDA). The
city manager shall be responsible for
requesting appropriations from the city to
be made available to the Economic
Ii,dustl ial Development Authority WDA) to
meet anticipated grants.
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2. Pursuant to 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
~,~
C. Nelson Harris
Mayor
~:e, h1. ~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6'" day of November, 2006.
No.3 7609-110606.
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A RESOLUTION designating a Voting Delegate and Alternate Voting
Delegate for the Annual Business Meeting of the National League of
Cities.
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WHEREAS, Mr. Huffine served his community as president of the Roanoke
Valley Breakfast Lions Club and as president of the Greater Deyerle
Neighborhood Association;
WHEREAS, Mr. Huffine began working for the City of Roanoke as City
Engineer on February 4, 1985, the only position he served in during his career
with the city, and retired June 30, 2000.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. City Council adopts this resolution as a means of recording its
deepest regret and sorrow at the passing of Charles Mann Huffine, and extends
to his family its sincerest condolences.
2. The City Clerk is directed to forward an attested copy of this
resolution to Mr. Huffine's widow, Barbara Call Huffine of Roanoke, Virginia.
APPROVED
ATTEST:
~rn.~
Qt~vt,~
Stephanie M. Moon
Acting City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'" day of November, 2006.
No. 37611-112006.
A RESOLUTION naming Nancy Ruth Patterson as Roanoke's Citizen of the
Year for the year 2006.
WHEREAS, Ms. Patterson, an educator and novelist for children, was born
in St. Louis, Missouri;
WHEREAS, Ms. Patterson received both her bachelor's and master's
degrees from the University of North Carolina at Chapel Hill;
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WHEREAS, Ms. Patterson is a lifelong resident of the City of Roanoke;
WHEREAS, in 1999 Ms. Patterson retired after a 33-year career with the
Roanoke City Public Schools, where she was a teacher, yearbook advisor,
foreign language supervisor, and founding Director of CITY School - a program
for highly-motivated high school seniors; -
WHEREAS, Ms. Patterson was inducted into the Virginia High School Hall
of Fame, which lauded her as "one of the most sought-after writing teachers in
the nation," and she also received a Lifetime Achievement Award from the
Journalism Education Association;
WHEREAS, Ms.- Patterson has written four novels for children, with her
most recent being The Winner's Walk; and two of her publications, The
Christmas Cup and The Shiniest Rock of All, were both adapted as plays by Jere
Lee Hodgin, former Director and Producing Artistic Director for the Mill
Mountain Theatre;
WHEREAS, Ms. Patterson is a recognized speaker and lecturer and has I
spoken at more than 350 conferences and workshops, including those on the
historic ship "The Queen Elizabeth II," at Capon Springs Resort, at the
Greenbrier, and at the Homestead:
WHEREAS, Ms. Patterson has contributed her time and talents to many
cultural, educational and governmental organizations in the City, namely the
Mill Mountain Theater, the Arts Council of the Blue Ridge, and Roanoke City
Public Schools Education Foundation;
WHEREAS, Ms. Patterson continues to share her expertise as an adjunct
professor for the University of Virginia at the Roanoke Higher Education Center,
and as a Writer in Residence with the Roanoke County Public Schools;
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THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that
Nancy Ruth Patterson be named Citizen of the Year for the year 2006 in the City
of Roanoke, Virginia.
ATTEST:
~rn.~
Stephanie M. Moon
Acting City Clerk
APPROVED
~.~41CWwU
c. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'" day of November, 2006.
No. 37612-112006.
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AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia for the Forfeited Criminal Assets 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
Telephone - Cellular
Administrative Supplies
Expendable Equipment < $5000
Training and Development
DOT Capital Billings
Revenues
Forfeited Criminal Assets Grant
Forfeited Criminal Assets
Interest
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35-150-5140-2021
35-150-5140-2030
35-150-5140-2035
35-150-5140-2044
35-150-5140-7007
35-150-5140-7107
35-150-5140-7275
$4,000.00
4,499.00
6,911.00
5,443.00
6,500.00
22,567.00
4,786.00
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Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
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A P P RO V E D
ATTEST:
~~.~
Stephanie M. Moon
Acting City Clerk
c.~~~
C. Nelson Harris
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 20'" day of November, 2006.
No. 37613-112006.
A RESOLUTION authorizing acceptance of the Safe Haven: Supervised
Visitation and Safe Exchange Grant Program from the Department of Justice, in
the amount of $350,000.00 for a two year period, to improve the variety and
accessibility of supervised visitation and exchange services for victims of
domestic violence, sexual assault, and stalking and their children; and
authorizing the execution of the necessary documents.
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BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City of Roanoke hereby accepts the Safe Haven: Supervised
Visitation and Safe Exchange Grant Program from the Department of Justice, in
the amount of $350,000.00 for a two year period, to improve the variety and
accessibility of supervised visitation and exchange services for victims of
domestic violence, sexual assault, and stalking and their children, as more
particularly set forth in the November 20, 2006, letter of the City Manager to
this Council.
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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:
~~.~
(~~
Mayor
Stephanie M. Moon
Acting City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'" day of November, 2006.
No. 37614-112006.
AN ORDINANCE to appropriate funding from the federal government for
the Safe Havens Supervised Visitation and Safe Exchange 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
Fees for Professional Services 35-630-5005-2010 $350,000.00
Revenues
Safe Havens Visitation &
Exchange FY07 35-630-5005-5005 350,000.00
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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:
~rr,,~
Stephanie M. Moon
Acting City Clerk
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t,~1I0
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'" day of November, 2006.
No. 37615-112006.
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.
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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 Employee
Wages
Administrative - Part-time Wages
Administrative - City Retirement
Administrative - FICA
Administrative - Medical Insurance
Administrative - Dental Insurance
Administrative - Life Insurance
Administrative - Disability Insurance
Administrative - Dues &
Subscriptions
Administrative - Training &
Development
Administrative - Food
35-633-2330-1002
35-633-2330-1004
35-633-2330-1105
35-633-2330-1120
35-633-2330-1125
35-633-2330-1126
35-633-2330-1130
35-633-2330-1131
35-633-2330-2042
35-633-2330-2044
35-633-2330-2060
$24,160.00
5,565.00
5,837.00
2,274.00
2,664.00
206.00
528.00
35.00
110.00
574.00
321.00
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Administrative - Equipment Rental 35-633-2330-3070 762.00
I Administrative - Other Rental 35-633-2330-3075 160.00
Administrative - Travel 35-633-2330-8052 2,393.00
Administrative - Supplies 35-633-2330-8055 760.00
Administrative - Insurance 35-633-2330-8056 1,050.00
Administrative - Contract Services 35-633-2330-8057 2,207.00
Administrative - Leases 35-633-2330-8058 1,665.00
Administrative - Telephone 35-633-2330-8090 530.00
Adult - Regular Employee Wages 35-633-2331-1002 3,270.00
Adult - City Retirement 35-633-2331-1105 381.00
Adult - FICA 35-633-2331-1120 250.00
Adult - Medical Insurance 35-633-2331-1125 251.00
Adult - Dental Insurance 35-633-2331-1126 23.00
Adult - Life Insurance 35-633-2331-1130 57.00
Adult - Disability Insurance 35-633-2331-1131 3.00
Adult - Training & Development 35-633-2331-2044 229.00
Adult - Leases 35-633-2331-3070 100.00
Adult - Supplies 35-633-2331-8055 46.00
Adult - Contractual Services 35-633-2331-8057 221,817.00
Adult - Telephone 35-633-2331-8090 71.00
I Dislocated Worker - Regular
Employee Wages 35-633-2332-1002 1 ,660.00
Dislocated Worker - City Retirement 35-633-2332-1105 333.00
Dislocated Worker - FICA 35-633-2332-1120 127.00
Dislocated Worker - Medical
Insurance 35-633-2332-1125 221.00
Dislocated Worker - Dental
Insurance 35-633-2332-1126 21.00
Dislocated Worker - Life Insurance 35-633-2332-1130 54.00
Dislocated Worker - Disability
Insurance 35-633-2332-1131 2.00
Dislocated Worker - Training &
Development 35-633-2332-2044 208.00
Dislocated Worker - Leases 35-633-2332-3070 89.00
Dislocated Worker - Other Rental 35-633-2332-3075 2.00
Dislocated Worker - Supplies 35-633-2332-8055 38.00
Dislocated Worker - Contractual
Services 35-633-2332-8057 232,554.00
Dislocated Worker - Telephone 35-633-2332-8090 15.00
Youth in School - City Retirement 35-633-2333-1105 185.00
Youth in School - Dental Insurance 35-633-2333-1126 19.00
I Youth in School - Life Insurance 35-633-2333-1130 40.00
Youth in School - Marketing 35-633-2333-8053 189.00
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Youth in School - Contractual
Services 35-633-2333-8057 2,640.00 I
Youth Out of School - City
Retirement 35-633-2334-1105 19.00
Youth Out of School - Dental
Insurance 35-633-2334-1126 6.00
Youth Out of School - Life Insurance 35-633-2334-1130 12.00
Youth Out of School - Training &
Development 35-633-2334-2044 61.00
Youth Out of School - Marketing 35-633-2334-8053 57.00
Youth Out of School - Contractual
Services 35-633-2334-8057 1,162.00
Revenues
Workforce Investment Act Grant
FY07 35-633-2330-2330 518,013.00
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:
~'rV).~
Stephanie M. Moon
Acting City Clerk
(vW-~~
C. Nelson Harris
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'" day of November, 2006.
No. 37616-112006.
AN ORDINANCE amending and reordaining 914.1-3, Litterinq, of Article I,
In General, of Chapter 14, Solid Waste Manaqement, Code of the City of
Roanoke (1979), as amended; and dispensing with the second reading by title
of this ordinance.
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BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 14.1-3, Litterinq, of Chapter 14, Solid Waste Manaqement,
Code of the City of Roanoke (1979), as amended, is hereby amended and
reordained to read and provide as follows:
~14.1-3. Litterinq.
* * *
I
(g) Upon the failure, neglect or refusal of the owner or occupant
upon whom notice has been served pursuant to subsection 14.1-
3(f) of the City Code to comply with such order, the city manager
may have the removal performed by city personnel or a private
contractor. The city manager shall keep an account of the cost for
such removal and shall bill be chil.l !:led to the owner or occupant
responsible for placing the solid waste within the right-of-way and
shall be a charge vvkich includes plus an administrative processing
fee of ty'v'enty five one hundred dollars ($25.00 100.00) in addition
to the actual cost and fees incurred in the removal and disposal of
such solid waste. If such bill is not paid within thirty (30) days,
legal action may be instituted for its collection. Prosecution for
failure, neglect or refusal of such person to remove such solid
waste shall not be barred by the city proceeding to have the work
done in accordance with this section.
2. Pursuant to Section 12, Roanoke City Charter, the second reading
by title of this ordinance is hereby dispensed with.
APPROVED
ATTEST:
~~.~
Stephanie M. Moon
Acting City Clerk
C. Nelson Harris
Mayor
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22
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'h day of November, 2006.
No. 37617-112006.
A RESOLUTION authorizing the City Manager to continue the services of
the Eligibility Worker stationed at the Health Department in accordance with the
original Agreement among the Roanoke City Department of Social Services, the
State Health Department, and the Virginia Department of Social Services, upon
certain terms and conditions.
WHEREAS, Roanoke City Department of Social Services, the State Health
Department, and the Virginia Department of Social Services entered into an
agreement in 1994 to establish an Eligibility Worker position through the
Department of Social Services to be placed at the Roanoke City Health
Department to ensure that all citizens have an opportunity to apply for
Medicaid, such agreement to be continued upon an annual basis upon mutual
agreement of the parties;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that
the City Manager is authorized to continue the services of the Eligibility Worker
stationed at the Health Department in accordance with the original agreement
among Roanoke City Department of Social Services, the State Health
Department, and the Virginia Department of Social Services, upon such terms
and conditions as are more fully set forth in the City Manager's letter dated
November 20, 2006, to City Council.
APPROVED
ATTEST:
~~,~
Stephanie M. Moon
Acting City Clerk
(!vw~~~
C. Nelson Harris
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'" day of November, 2006.
No. 37618-112006.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia and the federal government for the Medicaid Eligibility Worker position,
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
Health Insurance
Dental Insurance
Life Insurance
Disability Insurance
Revenues
Eligibility Worker FY07 - State
Eligibility Worker FY07 - Federal
35-630-5187-1102
35-630-5187-1105
35-630-5187-1115
35-630-5187-1120
35-630-5187-1125
35-630-5187-1126
35-630-5187-1130
35-630-5187-1131
35-630-5187-5187
35-630-5187-5188
$31,078.00
4,794.00
650.00
2,377.00
4,140.00
247.00
359.00
79.00
21,862.00
21,862.00
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,~
~. ~Jl4M0
c. Nelson Harris
Mayor
Stephanie M. Moon
Acting City Clerk
24
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 20'" day of November, 2006.
No. 37619-112006.
A RESOLUTION endorsing landscape plans prepared in connection with
the Comprehensive Roadside Management Program, waiving the City's
sovereign immunity under certain circumstances, and authorizing the City
Manager to execute any and all necessary and appropriate documents to
administer and implement such program.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. This Council endorses the two landscape plans presented at the
October 3, 2006, public hearing and prepared in connection with the
Comprehensive Roadside Management Program ("Program") developed by the
Virginia Department of Transportation ("VDOT") as described in the City
Manager's letter dated November 20, 2006, to this Council;
2. This Council hereby waives its sovereign immunity and agrees to
indemnify the Commonwealth Transportation Board in connection with the
Program developed by VDOT as set forth, and to the extent described, in the
City Manager's letter dated November 20, 2006; and
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3. The City Manager is hereby authorized, for and on behalf of the
City, to execute all necessary and appropriate documents to administer and
implement the Program, including a VDOT Land Use Permit application for each
landscape site, the City's participation in such Program being more particularly
described in the City Manager's letter dated November 20, 2006, to this
Council, such documents to be approved as to form by the City Attorney.
APPROVED
ATTEST:
~~.~
Stephanie M. Moon
Acting City Clerk
cll~~
c. Nelson Harris
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'" day of November, 2006.
No. 37620-112006.
AN ORDINANCE to appropriate funding from Lamar Outdoor Advertising
for the VDOT Comprehensive Roadside Management Program, 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 Third Party 08-530-9841-9004
Revenues
Roadside Management Program
Contribution - Lamar Outdoor
Advertising 08-530-9841-9821
$20,000.00
20,000.00
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
~,U~L
C. Nelson Harris
Mayor
26
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'" day of November, 2006.
No. 37621-112006.
AN ORDINANCE to appropriate funding from the Western Virginia Water
Authority for the Thrasher Park Stream Restoration, 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 Third Party
Revenues
Thrasher Park Stream Restoration
- WVWA Reimbursement
08-530-9835-9003
$ (24,640.00)
08-530-9840-9003
08-530-9840-9004
24,640.00
154,000.00
08-530-9840-9814
154,000.00
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:
c.lM",~~
c. Nelson Harris
Mayor
~~,~
Stephanie M. Moon
Acting City Clerk
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'" day of November 2006.
No. 37622-112006.
A RESOLUTION adopting and endorsing a Legislative Program for the City
to be presented to the City's delegation to the 2007 Session of the General
Assembly.
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;
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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 20, 2006, recommended to Council a Legislative Program to be
presented at the 2007 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 20, 2006, is hereby adopted and endorsed by the
Council as the City's official Legislative Program for the 2007 Session of the
General Assembly.
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2. The Clerk is directed to issue cordial invitations to the City's
Senator and Delegates to the 2007 Session of the General Assembly to attend
Council's meeting relating to legislative matters, to be held at 12:00 noon, on
December 4, 2006.
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APPROVED
ATTEST:
~~4\~
~~,~.~
Stephanie M. Moon
Acting City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'" day of November, 2006.
No. 37623-112006.
A RESOLUTION (i) authorizing the School Board for the City of Roanoke to
repair, rehabilitate or equip Patrick Henry High School (the "Project"); and (ii)
authorizing the filing of an application with the Virginia Department of
Education seeking an allocation of authority to issue the City's general
obligation qualified zone academy bonds in an amount not to exceed
$1,097,571.00 to finance the Project.
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WHEREAS, the School Board (the "School Board") for the City of Roanoke
of Roanoke, Virginia (the "City") has determined that it is necessary to
undertake the Project and has requested the City to issue its general obligation
qualified zone academy bonds in an amount not to exceed $1,097,571.00 to
finance the Project; and
WHEREAS, in order to finance the Project, the City reasonably expects to
issue debt obligations; and
WHEREAS, the City intends to issue debt obligations for the Project as
"qualified zone academy bonds" within the meaning of Section 1397E of the
Internal Revenue Code (the "Code").
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BE IT RESOLVED by the Council of the City of Roanoke that:
1. The School Board is authorized to undertake the Project, and is
authorized to expend out of the City's capital improvement fund up to
$1,097,571.00 for the cost of the Project.
2. In accordance with U.S. Treasury Regulations 9 1.1397E-l (h) and ~
1.150-2, it is hereby declared that the City reasonably expects to reimburse
expenditures for the Project with proceeds of debt to be incurred by the City.
The maximum principal amount of debt expected to be issued for the Project is
$1,097,571.00.
3. This is a declaration of official intent under U.S. Treasury
Regulations ~ 1.1397E-l (h) and ~ 1.150-2.
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4. The City Manager, any Assistant City Manager, the Chairman of the
School Board or the Superintendent of Schools is hereby authorized to file an
application with the Virginia Department of Education seeking an allocation of
authority to issue the City's general obligation qualified zone academy bonds
pursuant to the Public Finance Act and Section 1397E of the Code in an amount
not to exceed $1,097,571.00 (the "QZA Bonds") to finance the cost of the
Project.
5. The City Clerk is hereby authorized and directed to publish in
accordance with applicable law a notice of public hearing in connection with the
proposed QZA Bonds to be held on December 18, 2006.
6. This Resolution shall take effect immediately.
* * *
The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the
foregoing constitutes a true and correct extract from the minutes of a meeting
of the City Council held on November 20, 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.
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----._. ..... _.-.. Aye Nav
Present Absent Abstain
__n_ .___....
e. Nelson Harris X X
David B. Trinkle X X
Alfred T. Dowe X X
.--
Beverly T. Fitzpatrick, Jr. X X
------- .
Sherman P. Lea X X
, --.-._- I
Gwendolvn W. Mason X X
Brian J. Wishneff X , I X ..1__
-------.....-.-- .1..._..
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this
22nd day of November, 2006.
Clerk, City of Roanoke, Virginia
[SEAL]
APPROVED
ATTEST:
Q,1J&~~
~
'M.~
Stephanie M. Moon
Acting City Clerk
e. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20';' day of November, 2006.
No.3 7624-112006.
AN ORDINANCE to appropriate funding from the Commonwealth
government 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:
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Appropriations
Compensation of Teachers
Compensation of Counselors
Compensation of Clerical
Retirement-HIC-VRS
Social Security
Retirement VRS
Health Insurance
Group Life Insurance
Professional Health Services
Compensation of Teachers
Compensation of Teacher
Aides
Retirement-HIC-VRS
Social Security
Retirement VRS
Health Insurance
Group Life Insurance
Professional Health Services
Supplements
Social Security
Other Professional Services
Educational and Recreational
Supplies
Revenues
State Grant Receipts
State Grant Receipts
State Grant Receipts
30-062-6515-0121-6554
30-062-6515-0123-6554
30-062-6515-0151-6554
30-062-6515-0200-6554
30-062-6515-0201-6554
30-062-6515-0202-6554
30-062-6515-0204-6554
30-062-6515-0205-6554
30-062-6515-0311-6554
30-062-6896-0121-6100
30-062-6896-0141-6100
30-062-6896-0200-6100
30-062-6896-0201-6100
30-062-6896-0202-6100
30-062-6896-0204-6100
30-062-6896-0205-6100
30-062-6896-0311-6100
30-062-6905-0129-6100
30-062-6905-0201-6100
30-062-6905-0313-6100
30-062-6905-0614-6100
30-062-6515-1100
30-062-6896-1100
30-062-6905-1100
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$ 1,140.00
1,165.00
759.00
(185).00
234.00
1,441.00
5,719.00
1,286.00
(4,000.00)
(40,904.00)
16,060.00
387.00
6,575.00
2,204.00
10,810.00
974.00
7,574.00
7,357.00
563.00
1,000.00
5,000.00
7,559.00
13,677.00
13,920.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
~~.~..~
Stephanie M-. Moon .
Acting City Clerk
APPROVED
c.Ut~~
e. Nelson Harris
Mayor
32
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 20'" day of November, 2006.
No.3 762 5-112006.
AN ORDINANCE repealing Ordinance No. 36461-081803 and permanently
vacating, discontinuing and closing portions of two 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, Akzo Nobel Coatings, Inc., represented by Sam N. Winkler,
filed an application to the Council of the City of Roanoke, Virginia ("City
Council"), in accordance with law, requesting City Council to repeal Ordinance
No. 36461-081803, permanently closing, by barricade, a portion of Roanoke
Avenue, S. W., adjacent to Burks Street, continuing back to the Norfolk and
Southern right-of-way, and to permanently vacate, discontinue and close a
portion of the 2800 block of Roanoke Avenue, S. W., beginning at the eastern
property line of Official Tax Map No. 1510407, and continuing west to its
terminus at the Norfolk Southern right-of-way, and to permanently vacate,
discontinue and close a portion of Burks Street, S. W.;
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;
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WHEREAS, a public hearing was held on such application by City Council
on November 20, 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 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.
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THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the certain public rights-of-way situate in the City of Roanoke,
Virginia, and more particularly described as follows:
A portion of the 2800 block of Roanoke Avenue, S. W., beginning at
the eastern property line of Official Tax Map No. 1510407, and
continuing west to its terminus at the Norfolk Southern right-of-
way, and a portion of Burks Street, S. W., beginning at Roanoke
Avenue and continuing south to the northern edge of Berkley
Avenue, S. W.,
I
are, and are hereby permanently vacated, discontinued and closed, and that all
right and interest of the public in and to the same be, and hereby is, released
insofar as City Council is empowered so to do with respect to the closed rights-
of-way, reserving however, to the City of Roanoke and any utility company or
public authority, including, specifically, without limitation, providers to or for
the public of cable television, electricity, natural gas or telephone service, an
easement for sanitary sewer and water mains, television cable, electric wires,
gas lines, telephone lines, and related facilities that may now be located in or
across such public rights-of-way, together with the right of ingress and egress
for the maintenance or replacement of such lines, mains or utilities, such right
to include the right to remove, without the payment of compensation or
damages of any kind to the owner, any landscaping, fences, shrubbery,
structure or any other encroachments on or over the easement which impede
access for maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described public
rights-of-way of any such municipal installation or other utility or facility by the
owner thereof.
BE IT FURTHER ORDAINED that the applicant shall construct to all
applicable City standards an improved right-of-way between Roanoke Avenue, S.
W., and Berkley Avenue, S. W., such improvements to include a paved street
meeting the minimum width requirements of the City's subdivision ordinance,
curb, gutter, a six (6) foot wide planting strip, a five (5) foot wide sidewalk on
each side of the pavement, and a minimum six (6) inch space between the edge
of right-of-way and the sidewalk on each side of the new street.
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BE IT FURTHER ORDAINED that the applicant shall maintain the existing
vegetated buffer between its operations and the Berkley Avenue, S. W., right-of-
way as a buffer and shall construct a security fence on the interior (northern)
edge of the buffer.
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BE IF FURTHER ORDAINED that the applicant shall purchase and install, at
its sole expense, a fire hydrant at the intersection of Burks Avenue, S. W., and I
Berkley Avenue, S. W., such installation to be in accordance with all applicable
codes, ordinances and regulations, and coordinated with the Western Virginia
Water Authority and the City of Roanoke Fire-EMS Department.
BE IT FURTHER ORDAINED that the applicant shall submit to the
Subdivision Agent, receive all required approvals of, and record with the Clerk
of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat
combining all properties which would otherwise be landlocked by the requested
closure, or otherwise disposing of the land within the rights-of-way to be
vacated in a manner consistent with law, and retaining appropriate easements,
together with the right of ingress and egress over the same, for the installation
and maintenance of any and all existing utilities that may be located within the
rights-of-way, and dedicating to the City a right-of-way in a location acceptable
to the Subdivision Agent for the City of Roanoke for the street referenced
above.
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.
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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 been met
within a period of two (2) years from the date of the adoption of this ordinance,
then Ordinance No. 36461-081803, adopted on August 18, 2003, permanently
closing, by barricade, a portion of Roanoke Avenue, S. W., adjacent to Burks
Street, shall be repealed.
BE IT FURTHER ORDAINED that if the above conditions have not been met
within a period of two (2) years from the date of the adoption of this ordinance,
then this ordinance shall be null and void with no further action by City Council
being necessary.
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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:
~~.~a~
Stephanie M. Moon
Acting City Clerk
~.m~
e. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'" day of November, 2006.
No.3 7626-112006.
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. 36488-091503, to
the extent that it placed certain conditions on a portion of Official Tax No.
3130301; and rezoning certain property within the City, from 1-1, Light
Industrial District, to RM-l, Residential Mixed-Density District; and dispensing
with the second reading of this ordinance by title.
WHEREAS, L & M Properties, LLC, has filed an application to the Council of
the City of Roanoke to repeal certain conditions presently binding upon a
portion of a tract of land described as Official Tax No. 3130301, which property
was previously conditionally rezoned by the adoption of Ordinance No. 36488-
091503, adopted September 15, 2003, and to rezone that tract of land
designated on the Official Zoning Map, City of Roanoke, Virginia, dated
December 5,2005, as amended, as Official Tax No. 3130301, from 1-1, Light
Industrial District, to RM-l , Residential Mixed Density 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;
36
WHEREAS, a public hearing was held by City Council on such application
at its meeting on November 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 amendment; and
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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. 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.
3130301 be rezoned from 1-1, Light Industrial District, to RM-l, Residential
Mixed Density District, and to repeal the existing conditions on an
approximately 6,957 square foot portion of the property, contained in the First
Amended Petition to Rezone and Remove Proffered Conditions filed by L & M
Properties, LLC, in the Office of the City Clerk on September 14, 2006.
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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:
~~.~
Stephanie M. Moon
Acting City Clerk
~.w~
e. Nelson Harris
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'" day of November, 2006.
No. 37627-112006.
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 a portion of certain property within the City; and
dispensing with the second reading of this ordinance by title.
WHEREAS, Trustees of Melrose Avenue Christian Church, by Maryellen F.
Goodlatte, attorney, has made application to the Council of the City of Roanoke,
Virginia (';City Council"), to have a portion of the hereinafter described property
rezoned from INPUD, Institutional Planned Unit Development, to R-7, Residential
Single-Family, for the purpose of facilitating the sale and development of the
subject property for single family residential use;
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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 November 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 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.
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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, I
and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, be amended to reflect that an approximate .911 acre
portion of Official Tax Map No. 6410110, located at 4807 Cove Road, N. W., be,
and is hereby, rezoned from INPUD, Institutional Planned Unit Development to
R-7, Residential Single-Family, as set forth in the Amended Petition filed in the
Office of the City Clerk on September 28, 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:
~,~
Stephanie M. Moon
Acting City Clerk
G,ill~~
e. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 20'" day of November, 2006.
No. 37628-112006.
AN ORDINANCE exempting from real estate property taxation certain
property located in the City of Roanoke of the Refugee and Immigration
Services, Catholic Diocese of Richmond, 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, Refugee and Immigration Services, Catholic Diocese of
Richmond (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 20, 2006;
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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. 2761605 and located at 3719
Melrose Avenue, 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;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
I
1. Council classifies and designates Refugee and Immigration
Services, Catholic Diocese of Richmond, 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 No. 2761605 and located at 3719 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, 2007,
if by such time a copy, duly executed by an authorized officer of the Applicant,
has been filed with the City Clerk.
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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 Barbara A. Smith, Regional Director, Refugee and Immigration Services,
Catholic Diocese of Richmond.
I
5. Pursuant to 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
~.,~J~
e. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 20'" of November, 2006.
No.3 7629-112006.
AN ORDINANCE exempting from real estate property taxation certain
property located in the City of Roanoke of the DePaul Family Services, 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, DePaul Family Services, Inc., (hereinafter "the Applicant"), has
petitioned this Council to exempt certain real and personal property of the
Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution
of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to be
heard with respect to the Applicant's petition was held by Council on
November 20, 2006;
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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; and the personal property are the furnishings thereon, identified by
Roanoke City Tax Map Nos. 7360705 and 7360706 and located at 4328
Pennsylvania Avenue, N. E., (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
follows:
I
1. Council classifies and designates DePaul Family Services, 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 and personal property located thereon, identified by
Roanoke City Tax Map Nos. 7360705 and 7360706 and located at 4328
Pennsylvania Avenue, N. E., 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.
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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 David A. Pruett, CPA, Director of Finance and Administration, DePaul Family
Services, Inc.
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5. Pursuant to Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~~~''Me .J
Stephanie M. Moon
Acting City Clerk
t~~
e. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 20'" day of November, 2006.
No. 37630-112006.
A Resolution authorizing the issuance of not to exceed $4,830,000.00
General Obligation School Bonds of the City of Roanoke, Virginia, series 2007-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 $4,600,000.00 and to issue its general obligation school
bonds for the purpose of financing certain capital projects for school purposes;
and
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WHEREAS, the City held a public hearing, duly noticed, on November 20,
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
$4,600,000.00 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
I
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.
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
$4,830,000.00 (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.
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2 Sale of the Bonds. It is determined to be in the best interest of the City
to sell the Bonds to the VPSA 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 with the VPSA
providing for the sale of the Bonds to the VPSA (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 2007-A"; shall bear interest from the date of delivery thereof payable
semi-annually on each January 15 and July 15 beginning July 15, 2008 (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 (the "Principal Installments"), established in
accordance with 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 seven percent (7.0 %) per annum. The City Manager is hereby authorized
to determine the Principal Installments for the Bonds, provided that 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 established and
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.
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6 Pavment; Pavinq Aqent and Bond Reqistrar. The following provisions
shall apply to the Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds, all
payments of principal, premium, if any, and interest on the Bonds shall be made
in immediately available funds to the 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) The City Manager is hereby authorized and directed to designate an
appropriate financial institution as Bond Registrar and Paying Agent for the
Bonds.
I
7 Prepavment or Redemption. The Principal Installments of the Bonds
held by the VPSA coming due on or before July 15, 2017, and the definitive Bonds
for which the Bonds held by the VPSA may be exchanged that mature on or before
July 15, 2017, 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, 2017, and the definitive bonds for which the Bonds held by the VPSA
may be exchanged that mature after July 15, 2017, 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, 2017, 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
Prices
July 15, 2017 through July 14, 2018
July 15, 2018 through July 14, 2019
July 15, 2019 and thereafter
101%
100Yz
100
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Provided, however, that the Bonds shall not be subject to prepayment or
redemption prior to their stated maturities as described above without first I
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 Pledqe of Full Faith and Credit. For the prompt payment of the principal
of, premium, if any, and the interest on the Bonds as the same shall become due,
the full faith and credit of the City are hereby irrevocably pledged, and in each
year while any of the Bonds shall be outstanding there shall be levied and
collected in accordance with law an annual ad valorem tax upon all taxable
property in the City subject to local taxation sufficient in amount to provide for
the payment of the principal of and premium, if any, and the interest on the
Bonds as such principal, premium, if any, and interest shall become due, which
tax shall be without limitation as to rate or amount and in addition to all other
taxes authorized to be levied in the City to the extent other funds of the City are
not lawfully available and appropriated for such purpose.
10 Use of Proceeds Certificate and Certificate as to Arbitraqe. The Mayor,
the City Manager and such 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 (ij) 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.
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11 State Non-Arbitraqe Proqram: Proceeds Aqreement. The Council hereby
determines that it is in the best interests of the City to authorize and direct the
City Treasurer to participate in the State Non-Arbitrage Program in connection
with the Bonds. The Mayor, the City Manager and such officer or officers of the
City as either may designate are hereby authorized and directed to execute and
deliver a Proceeds Agreement with respect to the deposit and investment of
proceeds of the Bonds by and among the City, the other participants in the sale of
the VPSA Bonds, the VPSA, the investment manager and the depository.
12 Continuinq Disclosure Aqreement. 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, in form
and substance acceptable to VPSA, 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 (the "Rule"), under the Securities Exchange Act of 1934, as
amended, and directed to make all filings required under applicable law and
regulation if the City should be determined by the VPSA to be a material
"obligated person" (as defined in the Rule).
I
13 Filinq of Resolution. The appropriate officers or agents of the City are
hereby authorized and directed to cause a certified copy of this Resolution to be
filed with the Circuit Court of the City.
14 Further Actions. The members of the Council and all officers,
employees and agents of the City are hereby authorized to take such action as
they or 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 November 20, 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:
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Present Absent Ave .__~ay Abstain
e. 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
Gwendolyn W. Mason .-
X X i
Brian J. Wishneff X X
"-.--.-
I
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this 22"
day of November, 2006.
Acting City Clerk,
City of Roanoke, Virginia
[SEAL]
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TR-l
$-----------
I
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
General Obligation School Bond
Series 2007-A
The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby
acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC
SCHOOL AUTHORITY the principal amount of _____________ DOLLARS
($__________l, in annual installments in the amounts set forth on Schedule I
attached hereto payable on July 15, 2008 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, 2008
(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 I
49
I
and interest on this Bond are payable in lawful money of the United States of
America.
For as long as the Virginia Public School Authority is the registered owner
of this Bond, ______________, 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.
I
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.
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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 S5,000 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
by the Bond Registrar, and the transfer of this Bond may be effected by the
registered owner of this Bond only upon due execution of an assignment by such
registered owner. Upon receipt of such assignment and the surrender of this
Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as
hereinabove provided, such definitive Bonds to be registered on such registration
books in the name of the assignee or assignees named in such assignment.
The principal installments of this Bond coming due on or before July 15,
2017 and the definitive Bonds for which this Bond may be exchanged that mature
on or before July 15, 2017, are not subject to prepayment or redemption prior to
their stated maturities. The principal installments of
this Bond coming due after July 15, 2017, and the definitive Bonds for which this
Bond may be exchanged that mature after July 15, 2017, 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, 2017, 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:
Date~
July 15, 2017 through July 14, 2018
July 15, 2018 through July 14, 2019
July 15, 2019 and thereafter
Pri ce s
101%
100Yz
100
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.
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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
____________, 2007.
CITY OF ___________________________,
VIRGINIA
(SEAL)
ATTEST:
I
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)
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PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE: ____________________________
the within Bond and irrevocably constitutes and appoints
I
__________________________________________________ attorney to exchange said
Bond for definitive bonds in lieu of which this Bond is issued and to register the
transfer of such definitive bonds on the books kept for registration thereof, with
full power of substitution in the premises.
Date:
Registered Owner
Signature Guaranteed: (NOTICE: 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.
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EXHIBIT B
The proceeds of the Bonds will be used to finance the construction of
certain capital improvements for Patrick Henry High 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
4~~
Stephanie M. Moon
Acting City Clerk
t~~
e. Nelson Harris
Mayor
ATTEST:
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of November, 2006.
No. 37631-112006.
A RESOLUTION authorizing the School Board for the City of Roanoke to
expend funds for part of the cost of rebuilding Patrick Henry High School and
related capital improvements 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 $4.6 million for the cost of a
portion of the rebuilding of the present school building at Patrick Henry High
School (such portion, "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 $4.83 million.
3. This is a declaration of official intent under Treasury Regulation
~1.150-2.
APPROVED
ATTEST:
~~''''-~
Stephanie M. Moon
Acting City Clerk
et~~,~
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 20'" day of November, 2006.
No.3 7632-112006.
AN ORDINANCE to appropriate funding to be provided by the issuance of
VPSA Bonds for the construction of Patrick Henry High School and to transfer
funding from the Patrick Henry High School Project to the Monterey Elementary
School Project, 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
Appropriated from VP5A Bond
Funds
Appropriated from General Revenue
Appropriated from General Revenue
Revenues
VP5A Bonds - Patrick Henry
31-065-6066-6896-9006
31-065-6066-6896-9003
31-065-6074-6896-9003
54,600,000.00
(700,000.00)
700,000.00
I
31-065-6066-1368
4,600,000.00
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:
~~~.~~
Stephanie M. Moon
Acting City Clerk
e,~~
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'" day of November, 2006.
No. 37633-112006.
AN ORDINANCE amending and reordaining various sections in Chapter
36.2, Zoninq, of the Code of the City of Roanoke (1979), as amended, to update
references to applicants and applications, to revise certain definitions and yard,
pedestrian access, height, sign, lighting, landscaping, parking, nonconforming
structures, neighborhood design, wireless telecommunication facility, and
floodplain regulations, to amend provisions relating to the type and location of
certain uses in various districts, to revise supplemental regulations for certain
uses and structures, and to amend the procedures for obtaining various
permits, certificates and variances; and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
I
1. Section 36.2-108, Vested riqhts, of Article I, General Provisions, of
Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as amended,
is hereby amended and reordained to read and provide as follows:
Section 36.2-108. Vested riqhts.
'* '* '*
(b) For purposes of this section and without limitation, the following
are deemed to be significant affirmative governmental acts allowing
development of a specific project:
. . .
(2) The city council has approved an application for a rezoning for a
specific use or density;
. . .
2. Section 36.2-205, Dimensional requlations, of Article 2, Zoninq
Districts, of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as
amended, is hereby amended and reordained to read and provide as follows:
Section 36.2-205. Dimensional requlations.
I
'* ." *
(e)
Yards, generally.
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. . .
(2) Permitted encroachments in yards: Yards shall be unoccupied and I
unobstructed as defined in Appendix A, except that encroachments thirty (30)
inches or greater in height into yards shall be permitted as set forth in Table
205-1, provided the structure with which the encroachment is associated is
conforming, or if the structure is nonconforming, provided the encroachment
does not increase any nonconforming characteristic of the structure.
. . .
(f) Front yards.
. . .
(2) In the R-7, R-5, and R-3 Residential Single-Family Districts and the
RM-l and RM-2 Residential Mixed Density Districts, the required depth of the
front yard shall be determined and applied in accordance with subsections (A)
and (B), below, provided that, in the application of subsection (A) or (B), the
Zoning Administrator may require a greater yard depth for public safety
reasons.
(A) Where there is a building or are buildings on the adjoining lots, the
minimum and maximum front yards of the applicable zoning district shall not
apply, and the required minimum and maximum front yard depths shall be
determined by whichever adjoining lot has the shallowest established front yard
depth as set forth in subsections (i). (Ii), (iij) and (Iv), below.
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(I) If the line of the shallowest established front yard depth lies
between the lines of the minimum and the maximum front yards of the district,
the minimum front yard depth shall be equal to the shallowest of the
established front yard depths of the adjoining lots, and the maximum front
yard depth shall be five (5) feet greater than the minimum front yard depth
established by this subsection;
(ii) If the shallowest established front yard depth is greater than the
maximum front yard depth of the district, the maximum front yard depth shall
be equal to that shallowest established front yard depth of the adjoining lots,
and the minimum front yard depth shall be ten (10) feet less than the maximum
yard depth established by this subsection;
(Iii) If the shallowest established front yard depth is less than the
minimum front yard depth of the district, but greater than ten (10) feet, the
minimum front yard depth shall be equal to that shallowest established front
yard depth, and the maximum front yard depth shall be ten (10) feet greater
than the minimum yard depth established by this subsection; or
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(iv) If the shallowest established front yard depth is less than ten (10)
feet, the minimum front yard depth shall be ten (10) feet, and the maximum
front yard depth shall be twenty (20) feet.
(B) Where there is no building or are no buildings on the adjoining lots,
the minimum and maximum front yard depths for the applicable zoning district
shall apply.
. . .
3. Section 36.2-314, Commercial Districts (CN. CG. CLSl, of Division 1,
Base Districts - Residential. Commercial and Industrial, of Article 3, Requlations
for Specific Zoninq Districts, of the Code of the City of Roanoke (1979), as
amended, is hereby amended and reordained to read and provide as follows:
Section 36.2-314. Commercial Districts (CN. CG, CLSl.
* '" *
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(e) Pedestrian access. In the CN, CG, and CLS Districts, designated
pedestrian pathways of a minimum width of five (5) feet shall be provided and
marked from the public sidewalk or the public right-of-way where there is no
public sidewalk, to the public entrance of any principal building. Such
pedestrian pathways shall be surfaced with concrete, asphalt, bituminous
pavement, brick or stone pavers, or a pervious pavement system,
Table 314-1.Dimensional Matrix for Commercial Districts (CN, CG, CLS)
Standard eN CG CLS
Density (minimum square footage of lot area per 1,800
dwellinq unit) -- --
Lot area, minimum (square feet) S,OOO 10,000 90,000
Lot area, maximum (square feet) 20,000 130,680 --
Lot frontage, minimum (feet) -- 100 150
Lot frontage, maximum (feet) 200 -- --
Front yard, minimum (feet) -- 10 20
Front yard, maximum (feet) 10 30 --
Side yards, minimum combined width (feet) -- n --
Side yard, minimum (feet)' n -- r5 n'
Rear yard, minimum (feet)' -- n r5 -- .
Height, maximum (feet) 45 , .
Floor area ratio, maximum -- S.O 5.0
Impervious surface ratio, maximum 100% 8S% 80%
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'Where a uuff~r yard is re4uLlcd. as set forth 111 Section 36.2 647ic).lha\ i~ qreater thdll ,he required minimum side yard estab!I~lu:~d in Table 314 J, rncluding where no
minimum sid€' yard is reqUll1"d, the required buffer yard shallgovem the mimmum SIde yard requirement
'There shall be no minimum side yard in Ihe CL5 District, ucept thai where a ClS District .buts a residenlial district, the minimum side yard shall be
twenty.five (25) feel from the abutting residentially-zoned lot.
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. There shall be no minimum rear yard in the CL5 District, except that where a CLS District abuts a residential district, the minimum rear yard shall be
Iwenly-fi\le {ZSl feet from the abutting residentially. zoned 101.
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'There ~h,)1I be no rna"unum height 01 ~UUllure~ ill the CG Distnct. E'Ht"pl Ihat where a lot in Ihl:! CG District .lhuts a res.dt"ntial district, the ma.....mull1 height
of any structure In Ihe CG DISIrlCI shall ue forty-fIVe (45) feet.
, There shall be no ma(imum helghl ot d structure in the CLS DI~lrIrt. e>ecept thai where d lot In the CLS District ahuts a rE'~ldf'ntial disHICI, the Il1a>.illlurn
tu:!i!Jlit of any structure In thE' CI.~ L1istritt ~hall be one (1; foot of hE'lght for one (1) ~oct o! setbdtk trO'11 the abuTtil'g re~ldentlally 70ned lel
. . .
4. Section 36.2-326, Mixed Use Planned Unit Development District
(MXPUOl, Section 36.2-327, Institutional Planned Unit Development District
(INPUDl, and Section 36.2-328, Industrial Planned Unit Development District
(IPUDl, of Division 2, Base Districts - Special Purpose Districts, of Article 3,
Requlations for Specific Zoninq Districts, of Chapter 36.2, Zoninq, of the Code
of the City of Roanoke (1979), as amended, are hereby amended and
reordained to read and provide as follows:
Section 36.2-326. Mixed Use Planned Unit Development District (MXPUD).
* ~ ~
(d) Development standards. All petitiol1s applications for review and
approval of a Mixed Use Planned Unit Development District (MXPUD) shall
comply with the following standards of development:
(1)
General standards:
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(A) The development plan shall emphasize compatibility with the
surrounding neighborhoods.
(B) The development shall be designed and arranged in such a
way as to promote energy efficiency and encourage solar access.
(C) Proposed streets, parking areas, and pedestrian circulation
systems shall provide safe and convenient access to and from the
development and for all lots within the development.
(D) Sewage collection and water distribution systems shall be
laid out in an efficient manner.
(E) Landscaping and open space shall be used to provide
shading, screening, and erosion and sedimentation control.
(F) The development shall reflect the existing topography and natural
character of the site by minimizing grading and by preserving existing trees.
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* ft _
(e) Procedural requirements. In addition to the requirements for
zoning amendments set forth in Sections 36.2-540 and 36.2-541, petitions
applications for a MXPUD District shall include a proposed development plan,
drawn to scale, containing the following information and necessary explanatory
materials:
(1) Boundaries of the proposed MXPUD District and the ownership of
properties contained therein, as well as all existing public and private streets,
alleys, and easements within and immediately adjacent to the district;
(2) Location, size, and use of existing buildings and the location, size,
and use of proposed buildings or additions to existing buildings;
(3) Location of all existing parking facilities and the approximate
location of all proposed surface parking lots or parking structures, including
the number of parking spaces for each lot or structure and all existing and
proposed means of access to parking areas and to public or private streets,
alleys, and easements;
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(4) Proposed changes in the location, width, or character of public
streets, alleys, or easements within and adjacent to the district, and the
delineation of any private driveways or loading spaces that intersect with public
rights-of-way or easements;
(5) Existing and proposed pedestrian routes, including links between
various buildings;
(6) General use of major existing and proposed open spaces within the
site and specific features of the development plan, such as screening, buffering,
or retention of natural areas, which are intended to enhance compatibility with
adjacent properties, and calculations of the percentage of usable open space
for the district;
(7) Infrastructure plans indicating the size and location of existing and
proposed stormwater, sanitary sewer, and water lines as well as estimates of
impacts of the proposed development on infrastructure capacity in the district
and impacts on collector lines immediately outside of the district; and
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(8) Information to demonstrate the compatibility of all structures with
the surrounding neighborhood.
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* * *
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Section 36.2-327, Institutional Planned Unit Development District (INPUD)
Table 327-1. Dimensional Matrix for Institutional Planned Unit Development District (INPUD)
Standard INPUD
Density (minimum square footage of lot
area per dwelling unit)
1,800 square feet
Height, maximum
No minimum yard requirements; shall be specified during the
review and approval of the development plan for the MX~
INPUD District
No maximum height, except where INPUD District adjoins a
residential district, in which case the height of any structure
within the INPUD District shall not exceed one (1) foot of
height for one (1) foot of setback from the adjacent
residentiallv-zoned lot
Yards, front, side, and rear
Floor area ratio (maximum cumulative ratio
of all principal and accessory buildings 10.0
within the INPUD District)
Impervious surface ratio (maximum
cumulative ratio for an MlH'IfB INPUD 80%
District)
Usable open space (minimum square
footage per dwelling unit) 300 square feet
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(e) Procedural requirements. In addition to the requirements for
zoning amendments set forth in Sections 36.2-540 and 36.2-541, petitions
applications for an INPUD District filed after the effective date of this Chapter,
or any change to an INPUD District created by the adoption of this Chapter,
shall include a proposed development plan, drawn to scale, containing the
following information and necessary explanatory materials:
(1) Boundaries of the proposed INPUD District and the ownership of
properties contained therein, as well as all existing public and private streets,
alleys, and easements within and immediately adjacent to the district;
(2) Location, size, and use of existing buildings and the location, size,
and use of proposed buildings or additions to existing buildings;
(3) Location of all existing parking facilities and the approximate
location of all proposed surface parking lots or parking structures, including
the number of parking spaces for each lot or structure and all existing and
proposed means of access to parking areas and to public or private streets,
alleys, and easements;
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(4) Proposed changes in the location, width, or character of public
streets, alleys. or easements within and adjacent to the district, the delineation
of any private driveways or loading spaces that intersect with public rights-of-
way or easements, and if applicable, the delineation of routes for emergency
vehicles accessing the district;
(5) Existing and proposed pedestrian routes, including links between
various buildings;
(6) General use of major existing and proposed open spaces within the
site and specific features of the development plan, such as screening, buffering,
or retention of natural areas, which are intended to enhance compatibility with
adjacent properties, and calculations of the percentage of usable open space
for the district;
(7) Infrastructure plans indicating the size and location of existing and
proposed stormwater, sanitary sewer, and water lines as well as estimates of
impacts of the proposed development on infrastructure capacity in the district
and impacts on collector lines immediately outside of the district; and
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(8) Information to demonstrate the compatibility of all structures with
the character and appearance of the surrounding neighborhood by virtue of the
structures' height, bulk, and location within the INPUD.
Section 36.2-328. Industrial Planned Unit Develooment District (IPUD).
* ~ ~
(d) Development standards. All petitions applications for review and
approval of an Industrial Planned Unit Development District (IPUD) shall comply
with the following standards of development:
(1) General standards:
(A) Circulation and traffic access: All streets and driveways within an
IPUD District shall be designed to serve adequately their intended traffic
function and the volume of traffic anticipated to be generated by the
development.
(B) Energy: The development of any site within an IPUD District
shall be designed and arranged in such a way as to promote energy
efficiency.
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(2) Dimensional standards: The dimensional standards within the IPUD
District shall be as set forth in Table 328-1.
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(3) Utilities: All utility lines, including electric power, telephone, and I
cable television lines, and similar utilities, shall be located underground.
* 1: *
(e) Procedural requirements. In addition to the requirements for
zoning amendments set forth in Sections 36.2-540 and 36.2-541, petitio/ls
applications for an IPUD District shall include a proposed development plan,
drawn to scale, containing the following information and necessary explanatory
materials:
(1) Boundaries of the proposed IPUD District and the ownership of
properties contained therein, as well as all existing public and private streets,
alleys, and easements within and immediately adjacent to the district;
(2) Location, size, and use of existing buildings and the location, size,
and use of proposed buildings or additions to existing buildings;
(3) Location of all existing parking facilities and the approximate
location of all proposed surface parking lots or parking structures, including
the number of parking spaces for each lot or structure and all existing and
proposed means of access to parking areas and to public or private streets,
alleys, and easements;
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(4) Proposed changes in the location, width, or character of public
streets, alleys, or easements within and adjacent to the district, and the
delineation of private driveways or loading spaces that intersect with public
rights-of-way or easements;
(5) Existing and proposed pedestrian routes, including links between
various buildings;
(6) General use of major existing and proposed open spaces within the
site and specific features of the development plan, such as screening, buffering,
or retention of natural areas, which are intended to enhance compatibility with
adjacent properties, and calculations of the percentage of usable open space
for the district;
(7) Infrastructure plans indicating the size and location of existing and
proposed stormwater, sanitary sewer, and water lines as well as estimates of
impacts of the proposed development on infrastructure capacity in the district
and impacts on collector lines immediately outside of the district; and
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(8) Information to demonstrate the compatibility of all structures with
the character and appearance of the surrounding neighborhood by virtue of the
structures' height, bulk, and location within the IPUD.
5. Section 36.2-332, Neiqhborhood Desiqn Overlav District (NDl,
Section 36.2-333, Floodplain Overlay District (Fl, and Section 36.2-336,
Comprehensive Siqn Overlav District, of Division 3, Overlav Districts, of Article
3, Requlations for Specific Zoninq Districts, of Chapter 36.2, Zoninq, of the
Code of the City of Roanoke (1979), as amended, are hereby amended and
reordained to read and provide as follows:
Section 36.2-332. Neiqhborhood Desiqn Overlav District (ND).
* ~ ~
(c) Design standards. In considering an application for a zoning
permit, the Zoning Administrator shall apply the following standards for a new
dwelling, a new accessory building that is accessory to a dwelling, or expansion
of an existing dwelling in the ND Overlay District:
(1) Building location and massing:
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(A) The required front yard shall be determined by Section 36.2-
205(t)(2)(A) and (B).
* ~ ~
(D) Where lots on both sides have dwellings, the The foundation height
of the foundation facing the street shall be no more than twenty (20) percent
greater than the height of shall be aligned ..ith the tallest adjoining foundation
hfight5 of dwellings 011 tl,e adjoil1ilog lots or, vvhel e there are no dv.ellings on
adjoining lots, ....ith tl,e malol ity of d....elliI1gs on tl,e sal11e side of the same
block and shall be no less than twenty (20) percent below the height of the
shortest adjoining foundation. Where a dwelling exists only on one (1) side, the
foundation height shall be within twenty (20) percent of the height of that
adjoining dwelling. Such measurements shall be taken at comparable locations
on the respective foundations (i.e. left side, right side). There is no foundation
height requirement where no dwellings exist on either adjoining lot.
* * *
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* * *
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Section 36.2-333. Floodplain Overlav District (F).
(f) Definitions. Certain terms and words used in this section shall be
defined as set forth below. Where any conflict exists between the definitions
below and those set forth in Appendix A, the definitions of this subsection shall
govern for the purposes of the regulations of this section.
* * *
Repetitive loss: Flood-related damage sustained by a structure on two (2)
separate occasions during a 1 O-year period for which the cost of repairs at the
time of each such flood event, on the average, equals or exceeds twenty-five
(25) percent of the market value of the structure before the damage occurred.
* * *
Substantial improvement: Any combination of repairs, reconstruction,
rehabilitation, addition, or other improvement of a structure, taking place
during a period of five (5) years, the cumulative cost of which equals or
exceeds fifty (50) percent of the market value of the structure before the "start
of construction" of the improvement. This term includes structures which have
incurred "repetitive loss" or "substantial damage" regardless of the actual repair
work performed. The term does not, however, include either:
I
(1) Any project for improvement of a structure to correct eXisting
violations of state or local health, sanitary, or safety code specifications which
have been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions, or
(2) Any alteration of a "historic structure," provided that the alteration
will not preclude the structure's continued designation as a "historic structure."
* ~ ~
(k) Existing structures in the floodplain. A structure or use of a
structure or premises which lawfully existed before the enactment of these
provisions, but which is not in conformity with these provisions, may be
continued subject to the following conditions:
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... * *
(2) For the purpose of this section, any modifications, alterations,
repairs, reconstructions, or improvements of any kind to a structure or use
located in a floodplain, taking place during a period of five (5) years, the
cumulative cost of which amounts to less than fifty (50) percent of its market
value shall be elevated or flood proofed in accordance with the Virginia Uniform
Statewide Building Code to the greatest extent possible.
(3) For the purpose of this section, any combination of modifications,
alterations, repairs, reconstructions, or improvements of any kind to a
structure or use located in a floodplain, taking place during a period of five (5)
years, the cumulative cost of which equals or exceeds fifty (50) percent or more
of its market value shall be undertaken only in full compliance with the
provisions of this Chapter and the Virginia Uniform Statewide Building Code.
Section 36.2-336. Comprehensive Sign Overlay District.
I
(c) Standards. All petitions applications for review and approval of a
Comprehensive Sign Overlay District shall comply with the following standards:
(1) A Comprehensive Sign Overlay District shall be applied as an
overlay only to lots with a CLS, MXPUD, INPUD, or AD District zoning
designation;
(2) A Comprehensive Sign Overlay District shall consist of at least five
(5) acres:
(3) The comprehensive signage plan shall emphasize compatibility
with the buildings and site design;
(4) The overall sign area in the Comprehensive Sign Overlay District
shall not exceed the combined total of freestanding and building-mounted sign
allocation of the otherwise applicable zoning district sign regulations; and
(5) The height limits of the applicable zoning district sign regulations
shall not be exceeded.
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* * *
(d)
Procedural requirements.
I
(1) A request to establish and apply a Comprehensive Sign Overlay
District to a specific property or contiguous properties may be initiated by
petitiol1 application of the property owner, contract purchaser with the owner's
written consent, or the owner's agent in order to provide alternative sign
regulations than would otherwise be required by this Chapter. Such a request
shall be considered an amendment to the zoning ordinance and Official Zoning
Map, and review and approval shall be subject to the amendment requirements
as set forth in Section 36.2-540. If a Comprehensive Sign Overlay District is
established, the sign limitation established by that overlay district shall govern.
(2) In addition to the requirements of Section 36.2-540, a petition an
application to establish a Comprehensive Sign Overlay District shall include a
comprehensive signage plan that contains the following information:
(A) A written plan detailing the type, quantity, size (dimensions),
shape, . color, material, and location of all signs, existing and proposed,
within the property that is the subject of the proposed Comprehensive Sign
Overlay District;
(B) A summary of how the Comprehensive Sign Overlay District, as I
proposed, will serve the objectives set forth in Section 36.2-660;
(C) An illustration of each sign included within the proposal, including
each sign face;
(D) An illustration of any proposed sign landscaping; and
(E) An illustration of proposed lighting for any illuminated signs.
(3) In addition to the requirements of Section 36.2-540, the Planning
Commission and City Council shall consider a petition an application to
establish a Comprehensive Sign Overlay District to determine that the
Comprehensive Sign Overlay District, as proposed, meets the standards set
forth in this section and will serve the public purposes and objectives set forth
in Section 36.2-660 at least as well, or better, than the signage that would
otherwise be required by this Chapter for the subject property.
(5) Comprehensive Sign Overlay Districts which have been properly
established may be amended or varied only upon submission and approval of a I
zoning amendment petition application pursuant to Section 36.2-540.
67
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6. Section 36.2-340, Use matrix, of Division 4, Use Matrix, of Article
3, Requlations for Specific Zoninq Districts, of Chapter 36.2, Zoninq, of the
Code of the City of Roanoke (1979), as amended, is hereby amended and
reordained to read and provide as follows:
Section 36.2-340. Use matrix.
The uses permitted as of right or by special exception within each zoning
district shall be as set forth in Table 340-1.
Table 340-1. Use Matrix
I
Key: "P" means permitted as of right as a principal use. "5" means permitted by
special exception as a principal use. A blank cell means prohibited. Under
"Accessory Uses", "A" means permitted as an accessory use; "5" means permitted
bv stJecial excevtion as an accessorv use; and a blank cell means rohibited.
'" '" ."
~ ~ ~ '"
.E ~ ~ ~ .;;; .;;; c "
~ .E .E .E s:: s:: ~ ~ '" "
~ '" '" '- >:: ~ ~
=> ~ ~ ~ Cl Cl to c ~ Vi ~
~ i! ." ." ~ ..t:l '" s:: s:: Cl Cl
=> '" '" '" '" '" .- ..s:: ~ ~ '" '" ;:,
" '" ~ ~ ~ .~ .~ ~ ,~ OJ " "'- to ;:, "-
s:: - s:: - '>;: 0 "- Cl
.>;: Vi s:: s:: s:: ::>: ::>: ~ OJ OJ " ~ " ~ "'- <; ;:,
'" <:: \J -;' '>;: c '"
Vi Vi lril ..., "1l 'OJ s:: "-
~ ] ] ] <; >.. ~ is ...,
<; ~ <; <; <; <; ~ ..., <; s:: " ;:, .9 <;
] ~ ~ ~ .- 'e 'e ..., => c '" ~
s:: '.::; ';:; s:: s:: ~ "e => ." '" s:: .;:; Cl ." - .>;:
~ ~ s:: ." s:: ..., '" ~
'" s:: s:: s:: '" '" '" s:: :: ;:, .9 " ~
s:: ." ." ." '" '" '" to .!; - ~ >< '.::; ...,
'" '" OJ '" .;;; .;;; ." to to 2 ~ ~ >.. ~ ...,
." .;;; ." ." ." .;;; to ~ '" ." => c .!; '"
.;;; '" .;;; .;;; .;;; OJ '" to to ..s:: " s:: '" ~ " ~
'" '" '" c " >< .;:; '" Cl .!;
'" '" '" OJ '" '" c c I..J .~ ~ :: ~ ..., '" ;;: ;:, Cl
'" '" '" '" '" - '" ~ I..J I..J -.J C .!; VI "- ;:, Cl
I - "- VI ";'> ~ ~ VI Cl ?i ~
<( <:: ~ -.J - ~ ~ 0 Cl ~
i '" '" '" '" '" '" '" '" I..J I..J I..J , Cl ~ '" <(
I Use -
. . .
I Accommodations and Group Living
_H~
.. '* '*
Group care facility, J 5 P S J.;
Congregate home,
Elderly, subject to
See. 36.2-412 ----- -
IJ]
* * *
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lli[!l.l1!erCial Uses, Retail Sales and Service
68
. . .
Manufactured or
mobile home sales
I
'* '" ..
Personal service P P P P P P
establishment, not
otherwise listed in
this table
. . .
I Assembly and Entertainment
;1- ;~ *
Recreation, outdoor
* . .
I Transportation Uses and Structures
. . .
1: * *
7. Section 36.2-403, Accessorv uses and structures, Section 36.2-409,
Drive-throuqh facilities, Section 36.2-413, Home occupations, Section 36.2-425,
Parkinq or storaqe of recreational vehicles. motor homes. boats. campers. or
trailers, Section 36.2-429, Temporarv uses, Section 36.2-431, Townhouses and
rowhouses, and Section 36.2-432, Wireless telecommunications facilities and
broadcastinq towers, of Article 4, Supplemental requlations, of Chapter 36.2,
Zoninq, of the Code of the City of Roanoke (1979), as amended, are hereby
amended and reordained to read and provide as follows:
Section 36.2-403. Accessorv uses and structures.
* ~ ~
(c) Setbacks and spacing standards, general. Except for fences, walls,
or outdoor light support structures, or as otherwise provided in this section, I
the following setback and spacing requirements shall apply to accessory
structures:
69
I
* * *
(2) Accessory structures shall be located no closer to any public street
than the principal building, except as set forth in subsections (A) and (B) below,
provided such exceptions set forth in (A) and (8) below shall not apply to refuse
dumpster enclosures.
(A) In the case of any corner lot with more than two (2) street frontages
or any through lot, such requirement shall apply to only one (1) public street,
provided no accessory structure shall be located closer than five (5) feet to any
such lot line abutting a public street; or
(B) In the case of any corner lot with two (2) street frontages, such
requirement shall not apply to a second front yard, provided no accessory
structure shall be located closer than five (5) feet to such front lot line.
* * *
Section 36.2-409. Drive-through facilities.
* * *
I
(d)
Standards.
* * *
(6) Stacking lanes shall be designed so that they do not interfere with
circulation both on site and on adjacent public streets. Toward that purpose,
stacking lanes shall be designed so they:
* * *
(D) Do not interfere with required loading and trash storage areas, and
loading or trash operations shall not impede or impair motor vehicle
movement. If separate stacking is curbed, an ell1ergel1Cy by pass 01 exit shall
be provided.
* * *
Section 36.2-413. Home occupations.
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70
* * *
I
(c) Prohibited home occupations. The following uses shall be
specifically excluded as home occupations or personal service home
occupations: motor vehicle repair or service; appliance repair, machine shop,
welding shop, escort service, landscape or lawn service operation, -artd
contractor's or subCOlltl actor's office or sh'l age yard furniture refinishing or
upholstery, sign making, and special trade contractors who are engaged in
metalworking or cabinetmaking
* * *
Section 36.2-425, Parkinq or storaqe of recreational vehicles. motor
homes. boats. campers. or trailers
(a) A motor home, boat, truck camper, inhabitable bus, recreational
vehicle, travel trailer, boat trailer, or other trailer may be parked or stored on a
lot, but not inhabited for a period exceeding twenty-four (24) hours, in a
residential district or in a CN or MX District, provided that such motor vehicle or
equipment shall be:
(1t) (/) Licensed for the current year;
fb}(2) Located no closer to any street than the principal building; and
(et (3) Not over thirty-two (32) feet in length or nine (9) feet in height.
I
(b) No motor home, boat, truck camper, inhabitable bus, recreational
vehicle, travel trailer, boat trailer, or other trailer, not including a trailer which
is used, designed, or maintained for the transportation of property for
compensation or profit, shall be parked, stored, or left standing on any street
or alley located in a residential district or in a eN or MX District, except for
motor homes, recreational vehicles, or travel trailers which may be parked or
left standing on such street or alley for up to but not exceeding seven (7)
calendar days.
Section 36.2-429. Temporarv uses.
* * *
(d) Portable storage containers. The provisions of this section shall apply to
the placement, location, erection, or relocation of any portable storage container,
except as provided in Section 36.2-429(b). Portable storage containers shall be
prohibited in all zoning districts except that such portable storage containers shall be
permitted as temporary uses as set forth in Table 429-1, subject to the fOIlOWil
additional standards:
71
I
(1) The following standards shall apply to any portable storage
container permitted as a temporary use by this Chapter:
(Al The placement of any portable storage container on a lot shall be
permitted only upon issuance of a zoning permit.
(B) Portable storage containers shall not be permitted on any lot that
does not contain a principal building;
(C) Portable storage containers shall be permitted only for storage
purposes as an accessory use to the principal use of the lot on which such
container may be located;
(D) Portable storage containers shall not be connected to any utilities;
(E) No more than two (2) signs may be displayed on any portable
storage container, and such 5tgn signs shall be limited to identification of the
supplier of the container and the supplier's phone number; and
I
(F) The vertical stacking of portable storage containers and the
stacking of any other materials or merchandise on top of any portable storage
container shall be prohibited.
(2) In addition to the general standards set forth in subsection (1)
above, portable storage containers in the residential districts (RA, R-12, R-7, R-
5, R-3, RM-l, RM-2, RMFl, MX District, and MXPUD District shall be subject to
the following regulations:
(A) No more than one (1) portable storage container shall be allowed
on a lot, and such container shall be permitted only in connection with a
construction, rehabilitation, or restoration activity on the lot, or a relocation to
or from the property;
(B) No portable storage container shall have dimensions greater than
sixteen (16) feet in length, eight (8) feet in width, and eight and one-half (8-1 /2l
feet in height; and
(Cl A portable storage container shall be located on the lot which
contains the principal use it serves, but in no case shall such container be
located within a required buffer yard.
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(3) In addition to the general standards set forth in subsection (1)
above, portable storage containers in the CN, CG, CLS, 1-1, 1-2, D, IN, ROS, AD,
INPUD, and IPUD Districts shall be subject to the following regulations:
I
(A) One (1) or more portable storage containers may be permitted per
zoning lot per zoning permit;
(B) No portable storage container shall be located closer to a public
street than the principal building; and
(C) No portable storage container shall be placed or located on, or
block access to, a required parking space, circulation aisle, or fire access lane,
or cause a visual obstruction to pedestrians or motor vehicles leaving or
entering the property; and
(D) No portable storage container shall be located closer than five (5)
feet to any side or rear lot line, but in no case shall such container be located
within a required buffer yard.
* * *
Section 36.2-431. Townhouses and rowhouses.
* * *
I
(c) Standards. In accordance with the general purpose set out in this section,
townhouses and rowhouses shall be subject to the following supplemental
regulations:
* * *
(7) Off-street parking: No off-street parking spaces or driveways shall
be permitted between a public or private street and any principal building,
except when parking is provided for each individual townhouse unit and
provided further that the townhouse dwelling units are greatu thai' at least
twenty-five (25) feet in width, the driveways are no greater than ten (10) feet in
width, and the garage doors are no greater than ten (10) feet in width. Off-
street parking spaces may be grouped in bays if not located between a public or
private street and any principal building.
I
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I
... * *
Section 36.2-432. Wireless telecommunications
broadcastinq towers.
facilities
and
* ~ ~
(b) Applicability.
* * *
(3) Where permitted as of right by this Chapter, stealth wireless
telecommunications facilities shall be subject to the provisions of Sections
36.2-432(d)(3) and 36.2-432(e), provided such facility does not increase the
height of the existing structure or structure's appurtenance by which it is
camouflaged by more than ten (10) feet.
* * *
I
(c) Definitions. The words, terms, and phrases used in this section
shall be defined as set forth in this subsection. For the purposes of this section,
to the extent of any inconsistency between the definitions set forth below and
the definitions in Appendix A, the definitions provided in this subsection shall
control.
* * *
I
Stealth wireless telecommunications facility. A wireless telecommunications
facility that is hidden or not readily detectable by means of camouflage or
concealment. Camouflage shall mean a way of painting and mounting a wireless
telecommunications facility that requires minimal changes to the host structure in
order to accommodate the facility. Concealment shall mean to enclose a wireless
telecommunications facility within an existing structure or appurtenance of a
structure resulting in the facility being either invisible or made part of the feature
enclosing it. Such structures or appurtenances may include church steeples, bell
towers, church spires, clock towers, cupolas, light standards, chimneys, utility
poles, and flagpoles displaying flags. For the purposes of the regulations of this
section, stealth wireless telecommunications facilities shall include the use of
existing structures or appurtenances of structures in which the facility is concealed
by embedding all antennae within the structure or appurtenance, antennas
mounted to the sides (v'(ftical face) of a water tank and not extending more than
ten (10) feet above the highest horizontal tfne plane of on tf1e face of the tank, and
a single antenna array attached to a telecommunications pole constructed and
integrated within an existing electric transmission tower in which the height of the
74
pole and antenna array does not exceed ten (10) feet above the existing electric
transmission tower.
* * *
I
(e) General standards. The following standards shall apply to any
wireless telecommunications or broadcasting tower permitted by this Chapter
as of right or by special exception: .
* * *
(8) By applying for and being issued any permit for a wireless
telecommunications or broadcasting tower, or petitioning applying for and
receiving approval of a MXPUD, INPUD or IPUD District which development plan
includes a wireless telecommunications or broadcasting tower, the
applicantetitioner and the owner of the land agree to dismantle and remove
such tower and associated facilities from the site within ninety (90) calendar
days of the tower no longer being used. Dismantling and removal from the site
shall only be required after notice by the Zoning Administrator. If antennas on
any approved tower are relocated to a lower elevation, the tower shall be
shortened to the height of the highest antenna. Aguarantee may be required
as part of the approval of a special exception permit. Such guarantee shall be in
. an amount sufficient to ensure removal of the tower and all associated facilities I
and returning the site as closely as possible to its original condition.
* * *
8. Section 36.2-510, General procedural requirements, of Division 1,
Generally, of Article 5, Procedures, of Chapter 36.2, Zoninq, of the Code of the
City of Roanoke (1979), as amended, is hereby amended and reordained to read
and provide as follows:
Section 36.2-510. General procedural requirements.
(a) Application process. The specific procedures required for
reviewing various applications differ. Generally, the procedures for all
applications have three common elements: submittal of a complete application,
including applicable information and payment of the required fee; review of the
submittal by designated officials, commissions, and boards; and action to
approve, approve with conditions, or deny the application. Submittal dates or
filing deadlines are established by the requirements of the specific application.
I
75
I
* * *
(2) Completeness review: The Zoning Administrator shall review any
application or petition filed pursuant to this Chapter for completeness. Non-
payment of required fees shall deem an application or I'etition incomplete. Prior
to processing an application or petition pursuant to this Chapter, the applicant
may be required to produce satisfactory evidence that any delinquent real
estate taxes owed to the City have been paid.
... * *
(c) Notice provisions.
* * *
I
(2) The reviewing body may take any action on the petition or
application that is consistent with the notice given, including approval of the
petition or application, approval of the petition or application as amended, or
denial of the petitiol1 or application. The reviewing body may allow
amendments to the petition or application if the effect of the amendments is to
allow a lesser change than that requested on the original petition or application
or to reduce the impact of the development or to reduce the amount of land
involved from that indicated in the notices of the hearing. The reviewing body
shall not, in any case, permit a greater intensity of development, or a use falling
in a different general use category, or a larger land area than indicated in the
original petition or application, or a greater variance than was indicated in the
notice.
I
(d) Public hearings. The purpose of a public hearing is to allow the
applicant and all other interested parties a meaningful and fair opportunity to
be heard, to present evidence relevant to the application and to rebut evidence
presented by others. All hearings under this section shall be open to the public
and shall be conducted in an impartial manner. The conduct of a public
hearing before the Planning Commission, the Board of. Zoning Appeals, or the
City Council shall be as set forth in the Code of Virginia (1950), as amended,
and other applicable sections of this Article. Where appropriate, additional
rules governing the public hearing may apply, including the provisions of other
chapters of this Code applicable to the body conducting the hearing and any of
the body's adopted rules or procedures. The body conducting the hearing may
adopt rules of procedure to limit the time for each presentation or each
speaker. The body conducting the hearing shall record the minutes of the
76
proceedings by any appropriate means as prescribed by rule and consistent
with Virginia law.
9. Section 36.2-530, Certificates of appropriateness, of Division 3,
Certificates of Appropriateness, of Article 5, Procedures, of Chapter 36.2,
Zoninq, of'the Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained to read and provide as follows:
I
Section 36.2-530. Certificates of appropriateness.
* * *
(c) Procedures.
(4) In order to be heard by the Architectural Review Board at its next
regular meeting, a complete application for a Certificate of Appropriateness
shall be made to the Secretary to the Board, on forms provided, calendaF in
accordance with the rules adopted by the Architectural Review Board. In the
event of an.appeal pursuant to subsection (1). above, a notice of appeal shall be
filed with the Secretary to the Board at least fifteen (15) cilkndaF business days
prior to the next scheduled meeting.
* * *
I
(5) Any property owner aggrieved by any decision of the Architectural
Review Board may present to the City Council a petition appealing such
decision, provided such petition is filed within thirty (30) calendar days after the
decision is rendered by the Board. The City Council shall schedule a public
l1eaFil'9 the matter for a public meeting and render a decision on the matter
within sixty (60) calendar days of the receipt of the petition, unless the property
owner and the Agent to the Architectural Review Board agree to an extension.
The City Council may affirm the decision of the Board, reverse or modify the
Board's decision, in whole or in part, or refer the matter back to the Board.
* * *
9. Section 36.2-540, Zoninq amendments, and Section 36.2-541,
Conditional rezoninqs, of Division 4, Zoninq Amendments and Conditional
Rezoninq, of Article 5, Procedures, of Chapter 36.2, Zoninq, of the Code of the
City of Roanoke (1979), as amended, are hereby amended and reordained to
read and provide as follows:
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77
I
Section 36.2-540. Zoninq amendments.
(a) Purpose. The purpose of this section is to establish procedures for
initiating and processing petitions applications to amend the provisions of this
Chapter and to amend the Official Zoning Map.
(b) Applicability. Whenever the public necessity, convenience, general
welfare, or good zoning practice requires, the City Council may by ordinance
amend, supplement, or change this Chapter, including the text and the Official
Zoning Map. Any such amendment may be initiated by resolution of the City
Councilor by motion of the Planning Commission. An amendment to the
Official Zoning Map may be initiated by petition of application by the owner,
contract purchaser with the owner's written consent, or the owner's agent of
the property which is the subject of the proposed zoning map amendment.
(c) Procedures; filing of petitiolJ application.
(1) Prior to the filing of a petition an application to amend the Official
Zoning Map, the petitiol1er applicant shall meet with the Zoning Administrator
to determine that all filing requirements have been met and that all information
is correct.
I
(2) A petition An application to rezone property shall be in writing
addressed to the City' Council, and filed in the Office of tile City Clel k on forms
provided by the City, and filed with the Secretary to the Commission,
accompanied by payment of all fees and charges established by the City
Council.
(3) A petition An application for the rezoning of property shall include
the following:
(Al A description of the purpose for the requested zoning district
classification and the proposed use of the property;
(Bl A concept plan outlining features of the proposed use of the
property including buildings, parking, access, and similar features;
(C) A map or maps of the area requested for rezoning;
(D) Names, signatures, and addresses of the owner or owners of the
lots or property included in the proposed change; and
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78
(E) Names, addresses, and official tax numbers of owners of the lots or I
property immediately adjacent to and those directly opposite thereto; provided,
however, that inaccuracy or inadequacy of any such list of adjacent owners shall
not in any manner affect the validity of any proceedings had or taken by the
City Council with respect to the matters contained in such petition application.
(4) Upon the filing of such petition application, and the payment of all
applicable fees and charges, the City Clel k Secretary to the Commission shall
note the filing of the same and shall immediately transmit the petitiem
application to the Planning Commission for study, report, and recommendation
to the City Council, with a copy of such petition application mailed or delivered
to the mayor and members of the City Council and to the Zoning Administrator.
(5) Once City Council has considered a petition an application, a
petltlonel an applicant may not request consideration of substantially the same
petition application for one (1) year. Nothing in this section shall be construed
to limit City Council's ability to reconsider a petition an application under Rule
10 of Section 2-15, Rules of procedure, of this Code.
(d) Planning Commission action
~"t * *
I
(3) Within sixty (60) calendar days from the date that any proposed
amendment is referred to it (unless a longer period shall have been established
by mutual agreement between the petitioner applicant and the Planning
Commission in the particular case), the Planning Commission shall submit its
report and recommendation to the City Council. The recommendation of the
Planning Commission shall be advisory only and shall not be binding on City
Council. If the Planning Commission does not submit its report within the
prescribed time, the City Council may proceed to act on the amendment,
without further awaiting the recommendation of the Planning Commission.
* * *
(f) Notice of hearing. Prior to conducting any public hearing required
by this Chapter before the City Councilor the Planning Commission, notice
shall be given as required by Section 15.2-2204 of the Code of Virginia (1950),
as amended. The expense of advertising shall be borne by the applicant. Any
affidavits required by Section 15.2-2204, Code of Virginia (1950), as amended,
shall be filed with the City Clerk. In addition, at least ten (10) business days
prior to the public hearing before the Planning Commission, the Zoning
Administrator shall erect a sign indicating the zoning district requested,
I
79
I
identification of the subject property, and the time, date, and place of such
public hearing as set forth in the schedule below:
Scope of
A lication
Petition Application to rezone 1 -25
tax parcels, or portion thereof
Rezoning
--
Petition
Sign Posting Requirements
1 sign per street frontage of
contiguous subject tax
arcels
1 sign per intersection
constituting the perimeter of
the area proposed to be
rezoned
Petition Application to rezone 26-
100 tax parcels, or portion thereof
Comprehensive rezoning (over 100 No sign posting required
ro erties)
I
(g) Amendment after hearing; City Council action. After the City
Council has held a public hearing, it may make appropriate changes or
corrections in the proposed amendment and proceed to act without holding a
hearing on the proposed amendment in its new form. The City Council shall
decide whether to approve or to deny a petition an application to amend the
provisions of this Chapter or the Official Zoning Map.
Section 36.2-541. Conditional rezoninQs.
(a) Purpose. The purpose of this section is to implement conditional
rezoning authority pursuant to Section 15.2-2296 of the Code of Virginia
(1950), as amended, in order to provide for the orderly development of land in
a manner that provides for a more flexible and adaptable zoning method to
permit differing land uses and at the same time to recognize effects of change.
It is the purpose of conditional rezoning to provide a flexible and adaptable
zoning method to cope with situations whereby a zoning classification may be
allowed subject to certain conditions proffered by the petitioner applicant for
the protection of the community that are not generally applicable to land
similarly zoned.
I
(b) Applicability. Conditional rezonings may be granted pursuant to
the provisions of Sections 15.2-2296 through 15.2-2302, Code of Virginia
(1950), as amended. A conditional rezoning may be initiated only by petition
application of the owner, contract purchaser with the owner's written consent,
or the owner's agent of the property which is the subject of the proposed
zoning map amendment. The owner must sign such petitiOl1 application if
conditions are proffered.
80
(c) Procedures. The procedures for the filing and approval of a
conditional rezoning shall be the same as the procedures to amend the Official I
Zoning Map as set forth in Section 36.2-540, subsections (c) through (f), except
as otherwise provided in this section. The acceptance of proffers or other
conditions, enforcement, recordation, amendments, and variations of
conditions, shall be as set forth in the provisions of Sections 15.2-2296 through
15.2-2303, Code of Virginia (1950), as amended. Procedures specifically
applicable to a request for a conditional rezoning shall be as follows:
(1) The owners of property for which a petition an application is being
made for an amendment to the Official Zoning Map may, as' part of the petition
application, voluntarily proffer, in writing, reasonable conditions which shall be
in addition to the regulations of the zoning district classification requested by
the petition application. Any conditions proffered by petition application of a
property owner shall be drafted in such a way that they are clearly understood
and enforceable and shall adhere to the following standards:
(A) The rezoning itself must give rise for the need for the conditions;
(B) The conditions shall have a reasonable relation to the rezoning;
(C) The conditions shall not include a cash contribution to the City;
I
(D) The conditions shall not include mandatory dedication of real or
personal property for open space, parks, schools, fire departments, or other
public facilities not otherwise provided for in Section 15.2-2241, Code of
Virginia (1950), as amended;
(E) The conditions shall not include a requirement that the petitioner
applicant create a property owners' association under Chapter 26 (Section 55-
508 et seq.) of Title 55, Code of Virginia (1950), as amended;
(F) The conditions shall not include payment for or construction of off-
site improvements except those provided for in Section 15.2-2241, Code of
Virginia (1950), as amended:
(G) No condition shall be proffered that is not related to the physical
development or physical operation of the property; and
(H) All such conditions shall be in conformity with the City's
Comprehensive Plan.
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I
(2) Such conditions may be proffered prior to the public hearing
before the Planning Commission. Alternatively, or in addition, in
consideration of comments expressed during the Commission
deliberations on a petitiOl1 an application, the property owner may, prior
to the final public hearing conducted by the City Council, choose to
proffer original conditions or revised conditions. The City Council may
also accept amended proffers once the public hearing has begun if the
amended proffers do not materially affect the overall proposal.
(e) Scope of approval.
* ~ ~
I
(3) Conditions once proffered and accepted by the City Council
shall immediately become effective with approval of the petition
application to amend the Official Zoning Map. Upon approval, any
development plan, subdivision plat, or development plan submitted for
the development of the property in question shall be in conformance with
all proffered conditions, and no development shall be approved by any
City official in the absence of such conformance.
* * *
(h) Amendment of conditions. Amendment of conditions created
pursuant to this section shall be made only as an original petition application
for amendment to the zoning ordinance, pursuant to the procedures set forth
in this Division including public notice and hearing.
11. Section 36.2-553, Comprehensive development plans, of Division 5,
Development Plans, of Article 5, Procedures, of Chapter 36.2, Zoninq, of the
Code of the City of Roanoke (1979), as amended, is hereby amended and
reordained to read and provide as follows:
Section 36.2-553. Comprehensive development plans.
* * *
(c) Decision.
I
(1) The Agent to the Planning Commission shall approve or disapprove
all comprehensive development plans, except as set out in Section 36.2-553(c)
(2).
82
* * ..
I
(B) Within fifteen (1 S) twelve (12) business days. after the initial
submittal or resubmittal of a comprehensive development plan, aloe! ..ithin
seven (7) business e!a'ys aftel a I estlbmittal, the Agent shall notify the applicant
or his representative, in writing, that:
(i) The information on the development plan is incomplete, in error, or
lacking in detail, and delineate the additional information required or necessary
revisions; or
Oi) The development plan is sufficient in required information and
accuracy and has been reviewed and approved.
* * *
12. Section 36.2-561, Variances, and Section 36.2-563, Appeals from
board of zoninq appeals, of Division 6, Special Exceptions. Variances. and
Appeals, of Article 5, Procedures, of Chapter 36.2, Zoninq of the Code of the I
City of Roanoke (1979), as amended, are hereby amended and reordained to
read and provide as follows:
Section 36.2-561. Variances.
* * *
(d) Findings of the Board. Upon the evidence heard by the Board of
Zoning Appeals, the Board shall authorize a variance only if it makes all five (5)
of the following findings:
(1) That the strict application of this Chapter would produce undue
hardship relating to the property;
(2) That such hardship is not shared generally by other properties in
the same zoning district and the same vicinity;
(3) That the authorization of such variance will not be of substantial
detriment to adjacent property and that the character of the district will not be
changed by the granting of the variance;
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(4) That the condition or situation of the property concerned or the
intended use of the property is not of so general or recurring a nature as to
make reasonably practicable the formulation of a general regulation to be
adopted as an amendment to this chapter; and
(5) That the variance is no greater than the minimum variation
necessary to relieve the unnecessary hardship demonstrated by the applicant.
* * *
(e) Conditions and guarantees. In authorizing a variance, the Board
may impose such conditions regarding the location, character, and other
features of the proposed structure or use as it may deem necessary in the
public interest, and may require a guarantee to ensure compliance with the
conditions imposed. Notwithstanding any other provision of law, the property
upon which a property owner has been granted a variance shall be treated as
conforming for all purposes under state law and local ordinance; however, the
use or the structure permitted by the variance may not be expanded.
Section 36.2-563. Appeals from board of zoninq appeals.
* * :::
I
(e) In the case of an appeal from the Board of Zoning Appeals to the
Circuit Court of an order, requirement, decision, or determination of the Zoning
Administrator or other administrative officer in the administration or
enforcement of any ordinance or provision of state law, the decigion findings
and conclusions of the Board of Zoning Appeals on questions of fact shall be
presumed to be correct. The appealing party may rebut that presumption by
proving by a preponderance of the evidence, including the record before the
Board of Zoning Appeals that the Board of Zoning Appeals erred in its decision.
Any party may introduce evidence in the proceedings in the court. The court
shall hear any arguments on questions of law de novo.
13. Section 36.2-624, Liqhtinq plan, and Section 36.2-625, Outdoor
Iiqhtinq standards, of Division 2, Outdoor Liqhtinq, of Article 6, Development
Standards, of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979),
as amended, are hereby amended and reordained to read and provide as
follows:
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84
Section 36.2-624. Liqhtinq plan.
I
The applicant for any basic or comprehensive development plan, or the
applicant for a permit associated with the erection or installation of any light
support structure exceeding eight (8) feet in height or any lighting fixture as
set forth in Section 36.2-621 (a)(4) and (a)(5), shall submit as part of the
application evidence that the proposed work will comply with the outdoor
lighting requirements of this Division. Such submission shall contain but shall
not necessarily be limited to the following, all or part of which may be part or in
addition to the information required by other applicable regulations of the City
upon application for the required permit. The plans, profiles, and descriptions
as required in subsections (a), (b), (c), and (d), below, shall be sufficiently
complete to enable the Zoning Administrator to readily determine whether the
proposed outdoor lighting complies with the requirements of this Division. If
such. plans, profiles, and descriptions cannot enable this ready determination,
the applicant shall submit additional evidence of compliance.
(a) Plans indicating ~ the location on the lot of all outdoor
lighting fixtures, both proposed and any already existing on the lot;
(b) The mounting heights of all proposed outdoor lighting fixtures,
both pole-mounted and building-mounted, and the heights of any support
structures; and
I
(c) A description of all proposed lighting fixtures, which description
shall include manufacturer's cut sheets, specifications, and illustrations which
illustrate the 'fhe-angle of cut-off of light emissions and a description of any
shielding devices to mitigate light trespass and glare to abutting lots and public
streets-:-; and
(d) A profile showing the angle at which the proposed outdoor lighting
fixture will be mounted to the support structure.
Section 36.2-625. Outdoor Iiqhtinq standards.
(a) Generally
* * *
(4) Flood or spot lights shall be permitted only when mounted to
buildings, subject to the mounting heights of Section 36.2-625(c)(2) and (c)(3),
and shall be aimed no higher than forty-five (45) degrees above straight down
(halfway between straight down and straight to the side) when the light source
is visible from any abutting lot.
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I
14. Section 36.2-642, General landscapino and screenino standards,
Section 36.2-646, Facade plantino, and Section 36.2-648, Parkino area
landscapino, of Division 4, Landscap;no and Screenino, of Article 6,
Development Standards, of Chapter 36.2, Zonino, of the Code of the City of
Roanoke (1979), as amended, are hereby amended and reordained to read and
provide as follows:
Section 36.2-642. Generallandscapino and screenino standards.
Table 642-1. Trees: Approved Plant List, Minimum Size at Planting, 20-
Year Canopy, and Suitability.
Common Botanical
i
I Name Name
Minimum
Height at
Planting
Minimum
Caliper at
Planting
Canopy at
20 years
(sq. ft.)
SUitability*l
I
"'- "'" *
I Large Deciduous Trees
, Asn, Gleel1 ~~X~~.tl,~ _ __'_ I
i .
, Ash, 'J/hitel:~:~~~sna
I .__...1..
~
-P;--E
-3-8e
-P;--E
* * *
I
(f) Maintenance. After approval by the Zoning Administrator that all
landscaping required by this Chapter is complete and in healthy
condition, the property owner shall be responsible for the ongoing protection
and maintenance of all required landscaping in a manner that complies with the
requirements of this Chapter and in conformance with the approved
development plan. Where necessary to comply with the requirements of this
Chapter and the approved development plan, dead or damaged landscaping
86
materials shall be replaced by the property owner within six (6) months of
notification by the City.
* * *
I
Section 36.2-646. Facade olantinq.
Structures containing Single-family, two-family, townhouse or rowhouse,
or multifamily dwelling units shall be subject to the following landscaping
requirements:
(a) A minimum of one (1) deciduous or evergreen shrub for each four
(4) linear feet of building foundation that fronts on a public street, exclusive of
any garage or carport entrances, shall be planted in the area between the right-
of-way of the public street and the principal building.
(b) For through lots vvitl1 multiple stre~t fIOIHil.ges, the regulations of
this section shall apply only to the fac;:ade of the building that contains the
principal entrance(s) to the structure.
Section 36.2-648. Parkinq area landscaoinq.
I
(b) Parking area landscaping standards. Parking areas shall be subject
to the following landscaping standards:
* * 01.
(5) Landscaping strips along the perimeters of all parking areas that
front on a public street shall be provided at a minimum width of eight (8) feet
and shall include the followil1g: quantities and types of plantings as set forth in
subsections (A) and (B), below. Trees shall be planted within eight (8) feet of a
parking space or access aisle directly accessing a parking space in order to
count toward meeting the requirements of subsection (A), below.
(A) Small deciduous trees, as permitted in Table 642-1, spaced at a
minimum rate of one (1) such tree for each thirty (30) feet of frontage, or
portion thereof, exclusive of driveways, or large deciduous trees, as permitted
in Table 642-1, spaced at a minimum rate of one (1) such tree for each forty
(40) feet of frontage, or portion thereof, exclusive of driveways; and
(B) Evergreen or deciduous shrubs spaced no farther apart than at a
rate of three (3) feet on center.
I
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I
,to ~~ .<.
15. Section 36.2-652, Minimum off-street parkinq, and Section 36.2-
654, Off-street parkinq area standards, of Division 5, Off-Street Parkinq and
Loadinq, of Article 6, Development Standards, of Chapter 36.2, Zoninq, of the
Code of the City of Roanoke (1979), as amended, are hereby amended and
reordained to read and provide as follows:
Section 36.2-652. Minimum off-street parkinq.
* * *
Table 652-2. Required Off-Street Parking Spaces
I
Rules of Interpretation: In Column (B), "sf' means the net floor area in square
feet for the principal structure, or use if the use occupies only part of
structure, unless otherwise noted in the table. "Employee" means the numbe
of employees on the largest shift. In Column "C", "*" means the maximum
arkin re ulations set orth in Section 36.2-653 shall not a I.
(A) (B) (C)
Use Minimum Parking Spaces Required Maximum Parking
Not A licable
* * *
I Commercial Uses: Retail Sales and Service
* * *
Retail sales establishment - Large appliances,
furniture, household fixtures, swimming
pools, hot tubs, spas
1 per 1,500 1,000 sf oj
retail-showroom area
* * *
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Section 36.2-654. Off-street oarkinq area standards.
I
* * *
(c) Pedestrian access. In the CG and CLS Districts, designated
pedestrian access shall be provided between off-street parking areas and public
entrances of a building or use which is required to provide fifty (50) or more
parking spaces, as set forth in Table 652-2. Pedestrian access shall consist of
sidewalks or other surfaced walkways of a minimum width of five (5) feet
which are separated from vehicular traffic.
(d) Location standards. Off-street parking areas, and fleet or motor
vehiCle storage yards, shall be subject to the following location standards:
(1) Except for lots containing single-family detached dwellings, and
except as otherwise provided in Section 36.2-654(a)(5), off street parking areas
shall meet the following requirements for minimum distances from property
lines:
(A) No off-street parking area shall be located closer than five (5) feet
to any side or rear property line; and
I
(B) No off-street parking area shall be located closer than eight (8) feet
to any property line which abuts a public street.
(2) Except for lots containing single-family detached dwellings, and
existing lots of record in the CG District with less than one hundred (100) feet
of frontage, no off-street parking spaces shall be permitted between the right-
of-way of a public street and the principal buildings in the RM-l, RM- 2,
RMF, CN, CG, MX, IN, or D District. In the case of corner lots or through lots,
this regulation shall apply to only one (1) street frontage.
(3)
parking, if
building.
In the Neighborhood Design Overlay District (ND), off-street
provided, shall be located to the rear or side of the principal
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89
I
* '* *
Table 654-2. Driveway Widths, Except for Lots Containing Single-Family
Detached Dwellings'.
* * :::
2 In ai+ any distl ins district that ha';le has a maximum widths width of thirty
(30) feet for a 2-way drivevvays driveway, the maximum width of a driveway
with a center median shall be forty-five (45) feet, provided the center median is
a minimum width of five (5) feet and is covered with grass or other vegetative
groundcover.
I
16. Section 36.2-661, Applicabilitv, Section 36.2-662, Definitions,
Section 36.2-667, Calculation of siqn area and number of on-premises siqns,
Section 36.2-668, Tvpes and number of on-premises siqns, and Section 36.2-
673, Temporarv on-premises siqns, of Division 6, Siqns, of Article 6,
Development Standards, of Chapter 36.2, Zoninq, of the Code of the City of
Roanoke (1979), as amended, are hereby amended and reordained to read and
provide as follows:
Section 36.2-661. Applicabilitv.
* * *
(c) Exemptions. The provIsions of this Division, including the
requirements for a zoning permit, shall not apply to the following signs,
provided that no such sign shall be placed within the public right-of-way or any
closer than two (2) feet from a street right-of-way or any closer than five (5) feet
from any side or rear property line, and provided further that if such sign is to
be placed on a corner lot, it shall be located outside of any sight distance
triangle. Exempted signs shall not be included in the maximum permissible
number of signs or maximum permissible sign area. Any exempted sign that is
to be located in the Historic Downtown Overlay District (H-l) or the Historic
Neighborhood Overlay District (H-2) shall be subject to the requirements of
Section 36.2-530 if applicable.
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90
* * *
I
(11) Political signs, provided that such signs shall be removed within ten
(10) calendar days after the election.
* * *
Section 36.2-662. Definitions.
Refacing: The replacement of a sign face, regardless of change in copy,
of equal size to the original, without altering the sign cabinet, sign frame, or
sign support structure. The introduction of a different sign characteristic, such
as illumination, electronic readerboard, or changeable copy, shall not be
considered a refacing.
* * *
Temporary sign: A sign or other advertising device affixed to a building,
btlilding appendage, OF existing freestandil,g sign structul e erected or posted
for a specified period of time as delineated in Section 36.2-673. Temporary
signs are designed to be readily relocated and displayed for temporary
purposes such as the identification or announcement of seasonal or brief
activities, including special commercial sales, holiday events, auctions, grand
openings, or a special event or activity.
I
* * *
Section 36.2-667. Calculation of sion area and number of on-premises
sions.
* * *
(b) The following method shall be utilized in the calculation of sign
area for on-premises signs:
I
91
* * *
I
(3) For signs composed of individually attached letters, numerals,
pictures, logos, symbols, or figures, the sign area shall be determined by
computing the entire area within a single, continuous geometric form that
encloses the limits of all lettering, numerals, figures, designs, symbols,
fixtures, logos, emblems, insignias, or other drawings or images;
(4) For signs enclosed by a frame or border or encased by a cabinet,
the sign area shall be determined by computing the entire area within a
continuous perimeter, enclosing the limits of writing, representation, emblem,
or any figure or similar character, together with any cabinet, frame, or other
material or color forming an integral part of the display or used to differentiate
the sign from the background against which it is placed; and
I
(5) Any banners which are attached to light poles on a lot, and which
bear advertising or commercial images, shall be included in the calculation of
the total square footage of freestanding sign area and shall be subject to the
maximum total square footage of freestanding sign area permitted based on
the applicable lot frontage. In the case of a lot with more than one (1) Jot
frontage, the freestanding sign area allotment toward which the banners shall
be counted shall be the lot frontage on which the light poles are located, or if
not along a lot frontage, the more applicable lot frontage, based on distance
and visibility, as determined by the Zoning Administrator.
Section 36.2-668. Tvpes and number of on-premise siqns.
The types and number of on-premises signs by zoning district shall be
permitted as set forth in Table 668-1.
Table 668-1. Types and Number of On-Premises Signs Permitted by Zoning
Districts 1
* * *
I
6 Any electronic readerboard shall be required to be an integral part of a static
sign display and shall constitute no more than forty (40) percent of the total
sign area of which it is a an integral part, provided that no electronic
readerboard in the CG District shall exceed twenty-two (22) square feet in sign
area. The permitted frequency of change of copy of any electronic readerboard,
in any district in which such readerboard is permitted, shall be no more
frequent than once every six (6) seconds. Such frequency of change of copy
shall not preclude scrolling on a message, but shall mean that the copy must
remain static at least six (6) seconds before it changes to new copy.
92
Section 36.2-673. Temporarv on-premises siqns.
I
(a) No temporary sign shall be erected or posted until a zoning permit
has been issued pursuant to Section 36.2-664. Zoning permits for temporary
on-premises signs shall be limited to two (2) such permits per 365-day period
per lot.
* * *
(d) Except as otherwise provided in this section, no temporary sign
shall be erected or placed for a period exceeding thirty (30) calendar days tn
any JGS day period.
* * *
(g) One (1) temporary freestanding or building-mounted residential
subdivision identification sign not exceeding thirty-two (32) square feet in sign
area may be erected during construction at an entrance to the subdivided
property, provided such sign is not illuminated internally or by any external
light source and not over two (2) such signs shall be erected for anyone (1)
subdivision. These signs shall be removed upon the issuance of Certificates of
Occupancy for seventy-five (75) percent of the lots in the subdivision.
(h) Inflatable signs, laser light or image projection signs, or searchlight
or beacon signs shall be permitted as freestanding temporary signs, provided
such signs meet the following requirements:
I
(1) Permits for such signs shall not be issued unless the applicant
provides documentation from the Roanoke Regional Airport and medical
helicopter patient transportation providers within the City limits of non-
interference with established routes;
(2) Only one (1) such sign per lot shall be permitted at anyone time;
(3) Permits for such signs shall be limited to two (2) times per year
365-day period per lot;
(4) Any permit for a temporary inflatable sign shall be issued for a
period not to exceed seven (7) days;
(5) Inflatable signs shall be securely fastened to the ground or other
immovable object and shall be located a minimum of eight (8) feet from the lot
line; and
I
93
I
(6) Any permit for a temporary laser light or image projection sign, or
a searchlight or beacon sign, shall be issued for a period not to exceed three (3)
days.
(i) A temporary cover placed over an eXisting sign face because of
change of ownership or the name of the business establishment shall be
considered an on-premises temporary sign and shall be subject to the
regulations of this section, except that such sign shall be permitted for a
duration of sixty (60) calendar days. Such temporary cover shall not exceed the
sign area of the existing permanent sign face it is covering and shall not
increase the height of the existing sign face. Upon written application by the
original applicant to the Zoning Administrator, prior to the expiration of the
original zoning permit for the temporary sign, the Zoning Administrator may
extend the time period for the zoning permit, up to thirty (30) calendar days, if
in the opinion of the Zoning Administrator the applicant is diligently pursuing a
permanent sign replacement or reface. Failure of a person to apply for such
extension within the timeframe set forth in this subsection, and the continued
display of the temporary sign beyond the duration of the original zoning
permit, shall constitute a violation of this Chapter.
I
OJ Except as otherwise provided in this section, temporary on-
premises signs shall be attached to a building or building appendage.
17. Section 36.2-704, Nonconforminq structures, and Section 36.2-
705, Nonconforminq uses, of Article 7, Nonconforminq Uses. Structures, and
Lots, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as
amended, are hereby amended and reordained to read and provide as follows:
Section 36.2-704. NonconforminQ structures.
I
(c) Any nonconforming structure which is damaged or destroyed by
any fire. except fur floed, to an extent of fifty (50) percent or less of its
replacement value at the time of the event, may be rebuilt as long as the
structure is not enlarged or altered in any way which increases its
nonconforming characteristic. Any nonconforming structure which is damaged
or destroyed by any fire except ful flood, to an extent that exceeds fifty (50)
percent of its replacement value at the time of the event, may be rebuilt as long
as it thereafter conforms to the regulations for the district in which it is located.
For purposes of this section, replacement value shall be determined by the
Building Commissioner utilizing the building code valuation table published by
the International Conference of Building Officials (lCBO).
94
(d) Any nonconforming structure which is damaged or destroyed by
any natural disaster or other act of Cod shall be repaired, rebuilt, or replaced
to eliminate or reduce the nonconforming features to the extent possible,
without the need to obtain a variance as provided in Section 36.2-561. If such
structure cannot be repaired, rebuilt, or replaced except to restore it to its
original nonconforming condition, the owner shall have the right to do so. The
owner shall apply for a building permit and any work done to repair, rebuild, or
replace such building shall be in compliance with the provisions of the Virginia
Uniform Statewide Building Code, and any work done to repair, rebuild, or
replace such building shall be in compliance with the provisions of Section 36.2-
333, Floodplain Overlay District. Unless such structure is repaired or rebuilt
within two (2) years of the date of the natural disaster or replaced within two
(2) years of the date of the natural disaster or other act of Cod, such structure
shall only be repaired, rebuilt, or replaced in accordance with the regulations
for the zoning district in which it is located. However, if the nonconforming
structure is in an area under a federal disaster declaration and the structure
has been damaged or destroyed as a direct result of conditions that gave rise
to the declaration, then the owner shall have an additional two (2) years for the
structure to be repaired, rebuilt, or replaced as otherwise provided in this
subsection.
I
Section 36.2-705. Nonconforminq Uses.
* * *
I
(f) Any nonconforming use may be resumed or restored after the
structure in which the use is located is damaged or destroyed from fire
natural di!ia!iter, to an extent of fifty (50) percent or less of the replacement
value of improvements at the time of the event, provided that:
(1) The replacement value of improvements shall be determined
by the Building Commissioner utilizing the building code valuation table
published by the International Conference of Building Officials (ICBO);
(2) No such nonconforming use shall be increased beyond its
extent prior to its damage or destruction; and
(3) The property owner shall take affirmative steps to restore
and resume use of the property within two (2) years of the damage or
destruction.
I
95
I
(g) If the structure in which a nonconforming use is located is
damaged or destroyed from fire to an extent that exceeds fifty (50) percent of
the replacement value of improvements at the time of the event, the use shall
conform to the district regulations of this Chapter. For purposes of this section,
replacement value of improvements shall be determined by the Building
Commissioner utilizing the building code valuation table published
by the ICBO. The Board of Zoning Appeals may grant a special
exception, pursuant to the procedures set forth in Section 36.2-560, for
the replacement or restoration of nonconforming uses damaged more than
fifty percent (50%) by fire or other natural disaster subject to the
following provisions:
(1) The resumption or restoration will not increase the nonconforming
use beyond its extent prior to its damage or destruction; and
(2) The resumption or restoration will comply with all other
requirements of this Chapter.
I
(h) Any nonconforming use may be resumed or restored after the
structure in which the use is located is damaged or destroyed by a natural
disaster or other act of God, without the need to obtain a variance as provided
in Section 36.2-561. The owner shall apply for a building permit and any work
done to repair, rebuild, or replace the structure in which such use is
located shall be in compliance with the provisions of the Virginia Uniform
Statewide Building Code, and any work done to repair, rebuild, or replace such
use shall be in compliance with the provisions of Section 36.2-333,
Floodplain Overlay District. Unless such use is resumed or restored within
two (2) years of the date of the natural disaster or replaced within
two (2) years of the date of the natural disaster or other act of God, such use
shall only be restored or resumed in accordance with the regulations for
the zoning district in which it is located. However, if the nonconforming use
is in an area under a federal disaster declaration and the use has been
damaged or destroyed as a direct result of conditions that gave rise to the
declaration, then the owner shall have an additional two (2) years for the
use to be restored or resumed as otherwise provided in this subsection.
18. Section 36.2-813, Meetinqs, and Section 36.2-817, Powers and
duties, of Division 1, City Planninq Commission, of Article 8, Administrative
Commissions. Boards. and Officials, of Chapter 36.2, Zoninq, of the Code of the
City of Roanoke (1979), as amended, are hereby amended and reordained to
read and provide as follows:
I
96
Section 36.2-813. Meetinqs.
I
The Commission shall hold at least one (1) regular meeting each month,
provided it need not meet if there are no petitiollS applications or plans
pending for review. Special meetings and public hearings, as deemed necessary
may be called by the Chair.
Section 36.2-817. Powers and duties.
(b) Comprehensive Plan.
* * *
(4) Whenever the Commission recommends a Comprehensive Plan, or
part thereof, and such plan has been approved and adopted by the City Council, it
shall control the general or approximate location, character, and extent of each
feature, including any road improvement and any transportation improvement,
shown on the plan according to Section 15.2-2232, Code of Virginia (1950), as
amended.
* * *
I
19. Appendix A, Definitions, of Chapter 36.2, Zoninq, of the Code of
the City of Roanoke (1979), as amended, is hereby amended and reordained to
read and provide as follows:
* * *
Applicant: The party applying for approval of a zoning permit, sign
permit, Certificate of Occupancy, Certificate of Appropriateness, or
development plan, requesting the approval of a rezoning, conditional rezoning,
special exception, or variance, or appealing a decision of the Zoning
Administrator, as required by this Chapter.
Application: The completed form(s) and all accompanying documents,
exhibits, and fees required of an applicant for review, approval, or permitting
purposes for a zoning permit, sign permit, Certificate of Occupancy, Certificate
of Appropriateness, development plan, rezoning, conditional rezoning, special
exception, variance, or an appeal of a decision of the Zoning Administrator.
I
97
I
Building line: The line, parallel to the street right-of-way that passes
through the point of the principal building nearest that street right-of-way. Such
point shall be thirty (30) inches or greater above the graded ground level and
shall exclude any permitted front yard encroachments.
* ~ ~
Floor area, gross: The sum of the horizontal areas (floors) of the several
stories of a building or buildings, measured from the exterior surfaces of the
exterior walls, or in the case of a common wall separating two (2) buildings,
from the centerline of such common wall. Gross floor area shall include the
total floor area of all buildings situated on a lot. Gross floor area shall include
exterior balconies, mezzanines, a-n-d porches, and attached carports. Gross
floor area shall not include interior parking. and loading spaces or air spaces
above atriums.
* '* '*
I
Kennel: The keeping, raising, breeding, training, showing, renting,
selling, or boarding of dogs or cats. Such activity shall not be considered a
kennel where accessory to a principal residential use, provided that not more
than four (4) dogs or four (4) cats, or six (6) cats if such six (6) cats have been
spayed or neutered, exceeding six (6) months of age are kept.
* ~ ~
Petition: The completed form(s), with all documents, exhibits, and fees
required of a petitioner for revie.. ar.d approval of a I ezonil,g, conditior.al
rezoning, or an appeal to the City Councilor Circuit Court as provided for in
this Chapter.
Petitioner: The party petitioning for approval of a I ezoning, conditiollal
rezoning, or filing a petition of appeal to the City Councilor Circuit Court as
provided for in this Chapter.
* * '*
Yard, established front: A yard provided between a front lot line and a
building line.
I
* '* '*
98
20. Section B-1, Basic Development Plan, of Appendix B, Submittal
Reauirements, of Chapter 36.2, Zonina, of the Code of the City of Roanoke
(1979), as amended, is hereby amended and reordained to read and provide as
follows:
I
Section B-1. Basic Development Plan
* * *
(b) A basic development plan submitted for approval shall include a
completed application form, accompanied by payment of the required fees, and
three (3) copies of a survey plot plan or a basic site plan drawing outlining the
following information:
* 1: 1:
(7) Setback measurements for all eXisting or proposed structures on
the lot from all adjoining property lines; delineation of the shallowest
established front yard on adjoining lot if minimum or maximum front yard is
subject to Section 36.2-205(f)(2)(A)and (8).
(8) Number, location, and dimensions of all on-site parking spaces,
entrances to the site, driveways, or other paved areas; labeling of driveway
surface; delineation of on-street parking spacers) if permitted on-street parking
along lot frontage is being utilized to meet minimum parking requirement, per
Section 36.2-652(d).
I
1: * *
(12) Otlteloor lighting plan as required legulateel by Division 2, Article 6,
of this Chapter.
* * *
(14) Statement that all utilities will be located underground or
statement of exception per Section 36.2-610.
(+-415) Other information as may be required by the Zoning
Administrator to determine compliance with this Chapter.
21. Section B-2, Comprehensive Development Plan, of Appendix B,
Submittal Reauirements, of Chapter 36.2, Zonina, of the Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained to read and
provide as follows: I
99
I
Section B-2. Comprehensive Development Plan
(c) Ten (10) copies of the comprehensive development plan shall be
submitted for review, accompanied by payment of the required fees. Any re-
submittal necessitated by information found during review to be incomplete, in
error, or lacking in detail, pursuant to Section 36.2-553, shall require the
submission of six (G) seven (7) full size copies. The Zoning Administrator may
provide for submittal of a comprehensive development plan in an electronic
format.
(d) A comprehensive development plan shall include, at a minimum,
the following:
* ~ ~
(3) Proposed use of the property and buildings:
(A) Total square footage (gross floor area) of all existing and proposed
buildings occupying or proposed to occupy the premises;
I
(B) Existing and proposed use of the total square footage of all
buildings on the property, including the square footage existing or proposed
for various and separate uses within all buildings on the property;
(C) Height of all structures;
(D) Finished floor elevation for all buildings; and
(E) Dimensional layout of all buildings and structures existing or
proposed to be constructed, erected, or placed on the property, including the
delineation of minimum, and maximum if applicable, yard depths for front,
side, and rear yards, as required by the applicable zoning district regulations:;
(F) Impervious surface ratio calculations: and
(G) Floor area ratio calculations, if applicable.
* ~ ~
I
22. Section C-l, Off-Site Parkinq Aqreement, of Appendix C,
Aqreements, of Chapter 36.2, Zoninq, of the Code of the City of Roanoke
(1979), as amended, is hereby amended and reordained to read and provide as
follows:
100
Section C-l.
Off-Site Parkinq Aqreement
I
Following is the Off-Site Parking Agreement as required by Section 36.2-
652(g)(4) of the Code of the City of Roanoke (/979), as amended.
CITY OF ROANOKE
OFF-SITE PARKING AGREEMENT
THIS AGREEMENT made and entered into this ____ day of ____________,
20__, by and between ______________________, hereinafter referred to as the
"Owner of the Primary Parcel(s)," and ___________________________, hereinafter
referred to as the "Owner of the Secondary Parcel(s)," and the City of Roanoke,
Virginia:
WITNESSETH:
WHEREAS, the Owner of the Primary Parcel(s) certifies that he/she/it
is/are the record owner(s) of property identified as Official Tax Parcel(s) No.
__________ on the records of the Commissioner of the Revenue of the City of
Roanoke, and being the same property acquired by the Owner of the Primary
Parcel(s) by instrument recorded in the Clerk's Office of the Circuit Court of the
City of Roanoke in Deed/Will Book ______, page ______, which property is
hereinafter referred to as the "Primary Parcel(s)": and
I
WHEREAS, the Owner of the Secondary Parcel(s) certifies that he/she/it
is/are the record owner(s) of property identified as Official Tax Parcel(s) No.
__________ on the records of the Commissioner of the Revenue of the City of
Roanoke, and being the same property acquired by the Owner of the Secondary
Parcel(s) by instrument recorded in the Clerk's Office of the Circuit Court of the
City of Roanoke in Deed/Will Book _____, page _____, which property is
hereinafter referred to as the "Secondary Parcel(s)."
NOW, THEREFORE, for and in consideration of the approval of the City of
a development plan for the Primary Parcel(s), and the mutual covenants herein,
it is agreed by the parties that:
Pursuant to the terms of Section 36.2-652, Minimum off-street varkina.
Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as amended,
off-street parking space requirements for the proposed use of the Primary
Parcel(s), are being satisfied through provision of all or a portion of such
required parking spaces, numbering __________, on the Secondary Parcel(s).
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The permanent availability of such parking spaces and associated
pedestrian access routes for use on the Secondary Parcel in conjunction with
the uses conducted on the Primary Parcel(s) has been established by execution
of an appropriate legal instrument, recorded in the Clerk's Office of the Circuit
Court of the City of Roanoke in Deed Book _____, page _____.
By the signature(s) on this statement, the Owner(s) of the Primary
Parcel(s), do hereby acknowledge and agree that should the parking spaces on
the Secondary Parcel become unavailable for use at some time as a result of a
breach in the recorded instrument, or for any other reason, that an equal
number of parking spaces shall be constructed and provided either on the
Primary Parcel(s) or through another off-site arrangement. Failure to provide or
construct such replacement parking spaces within ninety (90) days, weather
permitting, shall be deemed a violation of the City's Zoning Ordinance and shall
be punishable in accordance with the penalties provided therein.
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The responsibility of complying with these parking requirements shall run
with title to the Primary Parcel(s) and the Secondary Parcel(s), and shall not be
affected by transfer by lease or of ownership, as long as the use of the Primary
Parcel(s) necessitates provision of off-site parking spaces to satisfy the
applicable parking standards specified by the Zoning Ordinance. A recorded
statement executed by the Owner(s) of the Primary Parcel, indicating that all or
a portion of such parking spaces are no longer required, shall be conclusive as
to any release from the requirements of this Agreement by the City.
WITNESS the following signatures and seals:
OWNER OF PRIMARY PARCEL(S)
By:
Title: ____________________________
(if signing for a corporation or a partnership)
OWNER OF SECONDARY PARCEL(S)
By:
Title: _______________________________
(if signing for a corporation or a partnership)
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CITY OF ROANOKE
By: _______________________________
(title)
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Approved as to form:
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City Attorney
COMMONWEALTH OF VIRGINIA
City of Roanoke, to-wit:
I, ______________________________, a Notary Public for the Commonwealth of
Virginia at large, do hereby certify that _______________________, whose name as
the Owner of the Primary Parcel(s) is signed to the foregoing agreement bearing
the date of the ______day of ___________, 20__, has acknowledged the same
before me in the jurisdiction aforesaid.
Given under my hand the ____ day of _________, 20__.
Notary Public
My commission expires: _____________________________
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COMMONWEALTH OF VIRGINIA
City of Roanoke, to-wit:
I, ______________________________, a Notary Public for the Commonwealth of
Virginia at large, do hereby certify that _______________________, whose name as
the Owner of the Secondary Parcel(s) is signed to the fOrE~going agreement
bearing the date of the ______day of ___________, 20__, has acknowledged the
same before me in the jurisdiction aforesaid.
Given under my hand the ____ day of _________, 20__.
Notary Public
My commission expires: _____________________________
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COMMONWEAL TH OF VIRGINIA
City of Roanoke, to-wit:
I, ______________________________, a Notary Public for the Commonwealth
of Virginia at large. do hereby certify that _______________________. whose name
as the City of Roanoke is signed to the foregoing agreement bearing the date of
the ______day of ___________, 20__. has acknowledged the same before me in
the jurisdiction aforesaid.
Given under my hand the ____ day of _________. 20__.
Notary Public
My commission expires: _____________________________
23. Pursuant to 912 of the Roanoke City Charter, the second reading by
title of this ordinance is hereby dispensed with.
APPROVED
ATTEST:
CJ~J;lw0
. ~.~
Stephanie M. Moon
Acting City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of December, 2006.
No. 37634-120406.
AN ORDINANCE amending and reordaining the Code of the City of
Roanoke (1979), as amended, by adding a new Division 5C, Partial Tax
ExemPtion in Redevelopment and Conservation Areas. and Rehabilitation
Districts. of Article II, Real Estate Taxes Generallv Chapter 32, Taxation,
Sections 32-101.20 through 32-101.29; providing for an effective date; and
dispensing with the second reading by title of this ordinance.
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BE IT ORDAINED by the Council of the City of Roanoke as follows:
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1. Chapter 32, Taxation, Article II, Real Estate Taxes Generallv,
of the Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained to add a new Division 5C, Partial Tax Exemption
in Redevelopment and Conservation Areas. and Rehabilitation Districts, to
read and provide as follows:
932-101 .20.Generallv: termination of exemPtion proqram.
(a) The director of real estate valuation shall, upon
application made and within the limits as hereinafter
provided, order the partial exemption from real property tax
of real property upon which new structures or other
improvements have been constructed within a
redevelopment or conservation area, or a rehabilitation
district established in the City.
(b) This division shall terminate and no new applications
for exemption shall be accepted on and after July 1, 2010,
unless reenacted. This provision shall not affect applications
filed before that date, or the continued eligibility for
exemption of properties approved before that date.
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932-101.21.Rules and requlations for administration of
division.
The director of real estate valuation, with the advice
and comment of the city manager, director of finance, and
commissioner, shall adopt and promulgate such rules and
regulations not inconsistent with the provisions of this
division as are deemed necessary for the effective
administration of this division.
932-1 01.22.Eliqibilitv of residential real propertv.
In order to qualify for the exemption from real
property taxation for real property constructed for
residential use, the new structure or other improvements
must be designed for and used as a prinCipal Single-family
residential structure, and uses accessory thereto. The
structure must have an assessed value of at least one
hundred twenty percent (120%) of the median value of other
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residential structures in the neighborhood, as determined by
the director of real estate valuation.
932-1 01.23.Eliqibilitv of commercial real propertv.
Other than real property constructed for residential
use, the only property eligible for the exemption provided
by this division shall be commercial property in districts
zoned CN-Neighborhood Commercial. In order for such
property to qualify, the new structure or other
improvements must be designed for and used for purposes
permitted in a CN district.
932-101 .24.Amount of exemption.
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The amount of the exemption from real property
taxation provided for by this division shall be an amount
equal to the increase in assessed value resulting from the
construction of the new structure or other improvement to
the real estate, as determined by the director of real estate
valuation. This amount only, on a fixed basis, shall
constitute the exemption, notwithstanding subsequent
assessment or reassessment. The exemption shall
commence on January 1 st of the year following completion
of the new construction or improvements and shall run with
the real estate for a period of (i) ten (10) years for residential
structures initially assessed at under three hundred
thousand dollars ($300,000.00), and three (3) years for
residential structures assessed over that amount, and (ii) ten
(10) years for structures in CN districts initially assessed at
under $800,000.00, and five (S) years for such structures
initially assessed at over this amount and only one (1)
exemption under this division may be applicable to any real
estate at any point in time.
932-101.2S.Apolication.
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(al Application for exemption of real property from
taxation under this division shall be filed by the owner of
such property with the director of real estate valuation after
all required building permits are obtained and prior to any
work being started on the subject property. Each application
for such exemption shall be accompanied by a processing
fee in the amount of fifty dollars ($SO.OO). No property shall
be eligible for such exemption unless all appropriate
106
building permits have been acquired and the director of real
estate valuation has verified that the new structure or other
improvements indicated on the application has been
completed and a certificate of occupancy has been issued.
Furthermore, no property shall be eligible for such
exemption if the commissioner or director of real estate
valuation has been denied access to the entire premises
either before or after the work for which exemption has
been applied, for purposes of determining whether the new
structure or other improvements have been completed and
for appraising the property.
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(bl The burden of proof shall be on the applicant to show
that the property for which exemption has been filed
complies with all the eligibility criteria established by this
division. The director of real estate valuation may require
documentary proof of eligibility, and, in such cases,
documentation satisfactory to the director shall be
presented.
932-101.26.Eliqibilitv.
(a) In order for the exemption for a property to continue
in effect, such property shall be maintained in compliance
with the City's building code, including the BOCA National
Property Maintenance Code, and, if applicable, the
requirements of the City's Rental Certificate of Compliance
Program, section 7-34, et seq., of this Code. If, after
receiving notice of a violation of this section, the owner of
the property fails or refuses to complete the necessary
corrections within the time required for such action, or
refuses City inspectors access to such property for the
purpose of determining continued eligibility under, this
section, then' such eligibility shall terminate.
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(b) The improvements must be completed within two (2)
years after the date of the filing of the application for
exemption.
932-101.27.Land book.
Nothing in this division shall be construed as to permit the
commissioner of revenue to list upon the land book any
reduced value due to the exemption provided by this
division.
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932-101.28.Demolition.
The exemption provided in this division shall not apply
when any existing structure is demolished or razed and a
replacement structure is constructed, unless the assessed
value of the existing structure is less than ten thousand
dollars ($10,000.00). If the replacement structure is a
single-family residence, it must have an assessed value of at
least one hundred twenty (120) percent of the median value
of other dwelling units in the neighborhood, as determined
by the director of real estate valuation. Such exemption shall
not apply when the structure to be demolished is a Virginia
registered landmark, or is determined by the Division of
Historic Resources to contribute to the significance of a
registered historic district.
932-1 01.29.False statements.
The making of any false statement in any application,
affidavit or other information supplied for the purpose of
eligibility determination under this division shall constitute a
Class 2 misdemeanor.
2. Pursuant to Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
3. This ordinance shall take effect January 1,2007.
APPROVED
ATTEST:
MA'~J
Stephanie M. Moon
Acting City Clerk
e.~~
c. Nelson Harris
Mayor
108
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4'" day of December, 2006.
No.3 763 5-120406.
A RESOLUTION adopting a Public Art Policy to guide the activities of
the City and the Arts Council in managing Roanoke's public art program.
WHEREAS, the Art for Everyone Public Art Plan was adopted
April 17, 2006, by City Council as a component of Vision 2001-2020, the
City's Comprehensive Plan; and
WHEREAS, as a follow-up action to begin implementation of the
plan, a Public Art Policy for the City of Roanoke has been developed to
guide the activities of the City and the Arts Council in managing
Roanoke's public art program.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. The Council of the City of Roanoke hereby adopts the Public
Art Policy in the form attached to the City Manager's report dated
December 4, 2006.
2. The Acting City Clerk is directed to forward a copy of this
resolution to Wyona Lynch-McWhite, Chair, Arts Commission.
APPROVED
ATTEST:
~~.~.
Stephanie M. Moon
Acting City Clerk
~,W.~~
C. Nelson Harris
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of December, 2006.
No. 37636-120406.
A RESOLUTION naming the Phase II addition of the Roanoke Civic
Center to the Special Events Center.
WHEREAS, the Phase II addition of the Roanoke Civic Center is
scheduled to open in the Spring of 2007 and will serve multiple purposes,
including consumer shows, tradeshows, civic and social functions,
conventions and general meetings;
WHEREAS, the Phase II addition is currently referred to as the New
Exhibit Hall;
WHEREAS, the Department of Civic Facilities proposes to designate
the name of the Phase II addition as the Special Events Center; and
WHEREAS, the Civic Center Commission supports the proposed
name.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the Phase II addition to the Roanoke Civic Center is hereby named
the Special Events Center, recommended in the City Manager's letter
dated December 4, 2006, to City Council.
APPROVED
ATTEST:
~"'.~
Stephanie M. Moon
Acting City Clerk
~.v(pQvt~
C. Nelson Harris
Mayor
11 0
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of December, 2006.
No. 37637-120406.
A RESOLUTION authorizing the City Manager to submit an
application to the Environmental Protection Agency for a Brownfield
Revolving Loan Fund grant in the amount of $1 million to provide seed
money to start cleanup activities on environmentally challenged sites
within the City of Roanoke; 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 Manager is hereby authorized to submit an
application to the Environmental Protection Agency for a Brownfield
Revolving Loan Fund grant in the amount of $1 million to provide seed
money to start cleanup activities on environmentally challenged sites
within the City of Roanoke which will require the City to match
$200,000.00, and as more particularly set forth in the letter dated
December 4, 2006, from the City Manager to this Council.
2. The City Manager is hereby authorized to execute any forms
necessary to submit an application, 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 submission of this application.
APPROVED
ATTEST:
Q. L\Q~~
c. Nelson Harris
Mayor
~lu..~
Stephanie M. Moon
Acting City Clerk
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of December, 2006.
No. 37638-120406.
A RESOLUTION re-establishing the membership of the Roanoke
Interagency Council, and providing for an effective date.
WHEREAS, by Resolution No. 31301-011193, dated January 11,
1993, as further amended by Resolution No. 347775-050100 dated
May 1, 2000, and Resolution No. 35101-101600, dated October 16,
2000, this Council established a community policy and management
team for the City of Roanoke pursuant to the Comprehensive Services Act
for At-Risk Youth and Families, such team being known as the Roanoke
Interagency Council ("Council"); and
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WHEREAS, periodic changes in Council membership are necessary
to be more consistent with section 2.2-5205 of the Code of Virginia
(1950) as amended, and recognize changes in Council designees by
participating agencies and organizations: and
WHEREAS, the President of Family Services of the Roanoke Valley's
term on the Council has expired creating a vacancy on the Council which
is proposed to be filled by the Executive Director of DePaul Family
Services, subject to approval by City Council.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. The ex officio membership of the Roanoke Interagency Council is
hereby amended by the addition of the Executive Director of DePaul
Family Services in place of the President of Family Services of the Roanoke
Valley such that the membership of the Council is as follows:
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. Assistant City Manager for Community Development, City of
Roanoke
. Executive Director, Blue Ridge Behavioral Healthcare
· Director, 23-AJuvenile District Court Service Unit
· Director of Human Services/Social Services, City of Roanoke
· Supervisor of Special Education, Roanoke City Public Schools
· District Nurse Manager, Alleghany/Roanoke City Health
Districts
11 2
. Executive Director, DePaul Family Services
. Police Department Representative I
. The Director of Management and Budget, or the Director's
designee, will serve as program expenditure monitor for the
Roanoke Interagency Council.
2. Resolution Nos. 31301-011193, 347775-050100 and
Resolution No. 35101-101600, are hereby amended to the extent and
only to the extent of any inconsistency with this resolution.
3. This Resolution shall be in full force and effect on
December 4, 2006.
APPROVED
ATTEST:
~~.~
Stephanie M. Moon
Acting City Clerk
Cl
C. Nelson Harris
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of December, 2006.
No. 37639-121806.
A RESOLUTION authorizing acceptance of the Bulletproof Vest
Partnership Grant made to the City of Roanoke by the Department of
Justice, Office of Justice Programs, Bureau of Justice Assistance, and
authorizing execution of any required documentation on behalf of the
City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1 . The City Manager is hereby authorized on behalf of the City
to accept from the Department of Justice, Office of Justice Programs,
Bureau of Justice Assistance the Bulletproof Vest Partnership Grant in the
amount of $22,736.00, to be used to purchase 86 bulletproof vests, such
grant being more particularly described in the letter of the City Manager I
to Council dated December 18, 2006.
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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 Justice,
Office of Justice Programs in connection with the acceptance of the
foregoing grant.
APPROVED
ATTEST:
~,m.~
Stephanie M. Moon
Acting City Clerk
clt~~~
c. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18'" day of December, 2006.
No.3 7640-121806.
AN ORDINANCE to appropriate funding from
government for the Bulletproof Vest Partnership Grant,
reordaining certain sections of the 2006-2007
Appropriations, and dispensing with the second reading
ordinance.
the federal
amending and
Grant Fund
by title of this
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
Wearing Apparel 35-640-3423-2064
Revenues
Bulletproof Vest Partnership Grant 35-640-3423-3423
FY07
$22,736.00
22,736.00
114
Pursuant to the provIsions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
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APPROVED
ATTEST:
~~hl.~
Stephanie M. Moon
Acting City Clerk
c
C. elson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of December, 2006.
No.3 764 1-121 806.
A RESOLUTION authorizing acceptance of the Aggressive Driver
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.
I
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 Aggressive
Driver Grant in the amount of $5,000.00, to be used for overtime and
related FICA expenditures associated with conducting selective
enforcement activities which target aggressive drives, such grant being
more particularly described in the letter of the City Manager to Council
dated December 18, 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.
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3. The City Manager is further directed to furnish such
additional information as may be required by the Virginia Department of
Motor Vehicles for the acceptance of the foregoing grant.
APPROVED
ATTEST:
~P7.IYJu1JvJ
Stephanie M. Moon
Acting City Clerk
(2
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of December, 2006.
No.3 7642-121806.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia for the Aggressive Driver 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
Overtime Wages
FICA
Revenues
Aggressive Driver FY07
35-640-3440-1003
35-640-3440-1120
$4,644.00
356.00
35-640-3440-3440
5,000.00
116
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:
, )r;. tr;~
Stephanie M. Moon
Acting City Clerk
~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of December, 2006.
No.3 7643-121806.
A RESOLUTION supporting the City of Roanoke's participation in
the Virginia Department of Transportation's Revenue Sharing Program.
I
WHEREAS, the Virginia Department of Transportation's Revenue
Sharing Program has been available to Virginia counties for many years;
WHEREAS, as part of an initiative, the Virginia Department of
Transportation's Revenue Sharing Program is available to Virginia cities
and towns in a tiered approach to provide funds for transportation
maintenance and construction activities:
WHEREAS, the Virginia Department of Transportation's Revenue
Sharing Program requires matching funds on a one-to-one basis;
WHEREAS, the City Manager has identified four projects for which
funds from the Virginia Department of Transportation's Revenue Sharing
Program may be used and has identified matching City funds for the
projects;
WHEREAS, the City Council for the City of Roanoke ("City Council")
desires to submit an application for an allocation of funds of
$1,050,000.00 through the Virginia Department of Transportation Fiscal
Year 2006-2007, Revenue Sharing Program: and
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WHEREAS, these funds are requested to provide funds for
transportation maintenance and construction activities; and
NOW, THEREFORE, BE IT RESOLVED THAT the City Council for the
City of Roanoke hereby supports the City of Roanoke's application for an
allocation of $1,050,000.00 through- the Virginia Department of
Transportation Revenue Sharing Program.
APPROVED
ATTEST:
M~fh, /r)O~
Stephanie M. Moon I
C. Nelson Harris
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18'h day of December, 2006.
No. 37644-121806.
A RESOLUTION authorizing the filing of a petition to amend Proffer
No.2 in the Third Amended Petition filed February 10, 2006, on property
which is owned by the City of Roanoke and located at 2102 Grandin
Road, S. W., designated as Official Tax No. 1460101.
WHEREAS, the City of Roanoke owns certain property located at
2102 Grandin Road, S. W., which is designated as Official Tax No.
1460101, on which Patrick Henry High School is located;
WHEREAS, such property is currently zoned INPUD, Institutio'nal
Planned Unit Development District, subject to proffers; and
WHEREAS, it is the desire of City Council to consider an amendment
of Proffer NO.2 in the Third Amended Petition filed February 10, 2006, by
modifying Exhibit NO.7 attached to such Third Amended Petition.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
118
1. That public necessity, convenience, general welfare, and I
good zoning practice support the filing of a petition to amend Proffer No.
2 in the Third Amended Petition filed February 10, 2006, by modifying
Exhibit NO.7 attached to such Third Amended Petition, such modification
relating to a portion of the Stadium Plan.
2. That the City Manager is authorized to file a petition to
amend Proffer No. 2 in the Third Amended Petition filed February 10,
2006, pertaining to the subject property for the purpose of modifying a
portion of the Stadium Plan, consistent with this resolution and the letter
dated December 18, 2006, from the City Manager to this City Council.
APPROVED
ATTEST:
~ hJ.~WvJ
Stephanie M. Moon
Acting City Clerk
(1.~vP
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 18'" day of December, 2006.
No. 37645-121806.
A RESOLUTION authorizing the City Manager to submit an
application to the Virginia Department of Transportation for a Safe Routes
to School Project grant to provide funds for infrastructure improvements
to facilitate students walking and biking to school as well as program
support through the development of a Safe Routes to School plan; and
authorizing the execution of the necessary documents, upon certain
terms and conditions.
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BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager is hereby authorized to submit an
application to the Virginia Department of Transportation for a Safe Routes
to School Project grant to provide funds for infrastructure improvements
to facilitate students walking and biking to school as well as program
support through the development of a Safe Routes to School plan, as
more particularly set forth in the letter dated December 18, 2006, from
the City Manager to this Council.
2. The City Manager is hereby authorized to execute any forms
necessary to submit an application, 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 submission of this application.
APPROVED
I
ATTEST:
~&::::Mr:;,'~
Acting City Clerk
c H€ib6
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of December, 2006.
No.3 7646-1 21 806.
A RESOLUTION authorizing the City Manager to enter into the
2006-2007 Community Development Block Grant ("CDBG") and HOME
Investments Partnerships Program ("HOME") subgrant Agreement with
Blue Ridge Housing Development Corp. ("BRHDC"), upon certain terms
and conditions.
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BE IT RESOLVED by the Council of the City of Roanoke that the City I
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) and HOME Investments Partnerships
Program subgrant Agreement with BRHDC, approved as to form by the
City Attorney, as is more particularly set forth in the City Manager's letter
dated December 18, 2006.
APPROVED
ATTEST:
- hI I!VYJ
Stephanie M. Moon IYJ
Acting City Clerk
(.
C. Nelson Harris
Mayor
"
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
No. 37647-121806.
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The 18'" day of December, 2006.
AN ORDINANCE authorizing a fourth amendment to an eXisting
lease 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 office space for certain departments of the
Commonwealth of Virginia at City owned property known as the
Commonwealth Building, located at 210 Church Avenue, extending such
lease from November 1, 2006 until October 31, 2007, for the Department
of Corrections and from November 1, 2006, until July 31, 2007, for all
other departments, upon certain terms and conditions, and dispensing
with the second reading of this ordinance by title.
THEREFORE, 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, and upon
form approved by the City Attorney, a fourth amendment to the lease
between the City of Roanoke and the Commonwealth of Virginia, I
Department of General Services/ Division of Engineering and Buildings,
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extending such lease from November 1, 2006. until October 31, 2007,
for the Department of Corrections and from November 1, 2006, until July
31, 2007, for all other departments, upon the same terms and conditions
as the existing lease, as further stated in the City Manager's letter to
Council dated December 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:
~~ rn.~Uv-J
Stephanie M. Moon
Acting City Clerk
Q~m4L
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18'h day of December, 2006.
No.3 7648-121806.
AN ORDINANCE amending and reordaining Section 19-28, Disolav
or exhibition of license, of Chapter 19, License Tax .Code, 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 19-28, Disolav or exhibition of license, of Chapter
19, License Tax Code, Code of the City of Roanoke (1979), as amended,
is hereby amended and reordained to read and provide as follows:
919-28. Displav or exhibition of license.
Every person required to obtain any license tag or
sign pursuant to the provisions of this chapter
shall display such tag or sign on the vehicle or
machine designated on the license. Every person
required to pay a business license tax shall post
the business license certificate issued therefore in
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a convenient and visible place at his place of
business and, whenever required to do so, shall
exhibit the receipt of payment of the business
license tax to the license inspector or to any
member of the police department or other office
or department detailed or authorized to inspect
such receipt. Any person violating this section
shall be guilty of a Class 4 misdemeanor.
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2. Pursuant to Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
3. This ordinance shall take effect March 1,2007.
APPROVED
ATTEST:
~~m,iY)pw
Stephanie M. Moon f
Acting City Clerk
Q.
C. Nelson Harris
Mayor
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 ~th day of December, 2006.
No. 37649-121806.
AN ORDINANCE to appropriate funding from the Federal and
Commonwealth 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:
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Appropriations
Equipment
GED Examiners
Social Security
Supplies
GED Examiners
Social Security
Testing Fee Tuition
Travel
Supplies
Revenues
Federal Grant Receipts
State Grant Receipts
State Grant Receipts
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30-062-6518-0821-6029
30-062-6701-0121-6550
30-062-6701-0201-6550
30-062-6701-0614-6550
30-062-6704-0121-6550
30-062-6704-0201-6500
30-062-6704-0382-6550
30-062-6704-0551-6550
30-062-6704-0614-6550
$25,864.00
3,802.00
291.00
(500.00)
3,425.00
263.00
696.00
800.00
400.00
30-062-6518-1102
30-062-6701-1100
30-062-6704-1100
25,864.00
3,593.00
5,584.00
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,m~
Stephanie M. Moon r' /
Acting City Clerk
e., VWc~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of December, 2006.
No. 37650-121806.
A resolution authorizing the issuance of a $1,097,571.00 General
Obligation Qualified Zone Academy Bond (Patrick Henry High School),
series 2006, of the City of Roanoke, Virginia, to be sold to Bank of
America, N. A. and providing for the form and details thereof.
124
WHEREAS, the City Council of the City of Roanoke, Virginia, has I
determined that it is necessary and expedient to borrow an amount equal
to $1,097,571.00 and to issue its general obligation "qualified zone
academy bond," within the meaning of Section 1397E of the Internal
Revenue Code of 1986, as amended, for the purpose of financing certain
rehabilitations, repairs and/or or equipment for Patrick Henry High
School; and
WHEREAS, the City held a public hearing, duly noticed, on
December 18, 2006, on the issuance of the Bond in accordance with the
requirements of Section 15.2-2606, Code of Virginia 1950, as amended;
and
WHEREAS, the School Board of the City has by resolution approved,
and has requested the Council to authorize, the issuance of the Bond;
and
WHEREAS, pursuant to a commitment letter dated November 14,
2006 Bank of America, N. A. has offered to purchase the Bond on the
terms and conditions provided therein; and
WHEREAS, there have been presented to the Council the I
Commitment Letter and the forms of the following documents:
(a) Funding Agreement, between the City and Bank of America, N.
A. providing for the sale of the Bond to the Bank;
(b) Time Deposit Agreement, between the City and the Bank,
providing for the investment of certain sinking fund payments to be
made in connection with the Bond; and
(c) The Bond.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
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1. Authorization of Bond and Use of Proceeds. The Council
hereby determines that it is advisable to contract a debt and issue and
sell its general obligation qualified zone academy bond in an aggregate
principal amount of $1,097,571.00 for the purpose of financing certain
rehabilitations, repairs and/or capital equipment for PH. The Council
hereby authorizes the issuance and sale of the Bond in the form and
upon the terms established pursuant to this Resolution.
2. Sale of the Bond. It is determined to be in the best interest
of the City to accept, and the City hereby accepts, the offer of the Bank to
purchase from the City, and to sell to the Bank, the Bond at a price of par
upon the terms established pursuant to this Resolution, the Funding
Agreement and the Commitment Letter. The Mayor, the City Manager,
and such officer or officers of the City as either may designate are hereby
authorized and directed to execute and deliver to the Bank the
Commitment Letter, the Funding Agreement and the Time Deposit
Agreement, each in substantially the form submitted to the Council at
this meeting, which form is hereby approved.
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3. Details of the Bond. The Bond shall be issued in fully
registered form; shall be dated the date of issuance and delivery of the
Bond (the "Closing Date"); shall be designated "General Obligation
Qualified Zone Academy Bond (Patrick Henry High School), Series 2006;
shall mature on the sixteenth anniversary of the Closing Date, subject to
the provision of Section 4 of this Resolution, and shall have such other
terms and conditions as contained in the form of the Bond attached as
Exhibit A to the Funding Agreement. The Director of Finance of the City
is hereby appointed as the Bond Registrar and Paying Agent for the Bond.
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4. Maturitv Date: Other Provisions. The City Manager is hereby
authorized and directed (a) to extend the final maturity date of the Bond,
at the request of the Bank, to reflect the lon6est maturity permitted under
applicable law on the Closing Date for "qualified zone academy bonds"
within the meaning of Section 1397E of the Code, and (b) to approve
changes to the provisions of the Funding Agreement and the Time
Deposit Agreement regarding the amount and timing of the Qualified
Annual Deposits into the Sinking Fund pursuant to the Funding
Agreement and the investment of such Qualified Annual Deposits
pursuant to the Time Deposit Agreement. In such event, the execution
and delivery of the Bond as described in Section 8 hereof and of the
Funding Agreement and the Time Deposit Agreement as described in
Section 2 hereof shall conclusively evidence such maturity date as having
been so extended, and such changes to the Funding Agreement and Time
126
Deposit Agreement as having been approved, all as authorized by this
Resolution.
I
5. Desiqnation as Oualified Zone Academv Bond. On behalf of
the City, the Council hereby designates the Bond as a "qualified zone
academy bond" for the purposes of Section 1397E of the Code.
6. Form of the Bond. The Bond shall be initially in the form of a
single typewritten bond substantially in the form attached as Exhibit A to
the Funding Agreement.
7. Prepavment. The Bond is not subject to prepayment at the
option of the City.
8. Execution and Deliverv of the Bond. The Mayor or Vice Mayor
and the Clerk or any Deputy Clerk of the Council are authorized and
directed to execute and deliver the Bond and to affix the seal of the City
thereto.
9. Pledqe of Full Faith and Credit. For the prompt payment of
the principal of the Bond and all payments under the Funding Agreement
as the same shall become due, the full faith and credit of the City are
hereby irrevocably pledged, and in each year while the Bond shall be
outstanding there shall be levied and collected annually, at the same time
and in the same manner as other taxes of the City are assessed, levied
and collected, a tax upon all taxable property within the City subject to
local taxation over and above all other taxes, authorized or limited by law
and without limitation as to rate or amount, sufficient to pay when due
the principal of, premium, if any, and interest, if any, on the Bond and all
other payments due under the Funding Agreement (including each
Qualified Annual Deposit) to the extent other funds of the City are not
lawfully available and appropriated for such purpose.
I
10. Tax Compliance Certificate. The Mayor, the City Manager
and such officer or officers of the City as either may designate are hereby
authorized and directed to execute a Tax Compliance Agreement setting
forth the expected use and investment of the proceeds of the Bond and
containing such covenants as may be necessary in order to show
compliance with the provisions of the Code and applicable regulations
relating to the status of the Bond as a "qualified zone academy bond"
within the meaning of Section 1397E of the Code (a "QZAB"). The Council
covenants on behalf of the City that (a) the proceeds from the issuance
and sale of the Bond, including any investment earnings thereon, will be
invested and expended as set forth in such Tax Compliance Certificate
and that the City shall comply with the other covenants and
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127
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representations contained therein, and (b) the City will comply with the
provisions of the Code to the extent necessary to ensure that the Bond
continues to qualify as a QZAB.
11. Filinq of Resolution. The appropriate officers or agents of
the City are hereby authorized and directed to cause a certified copy of
this Resolution to be filed with the Circuit Court of the City.
12. Further Actions. The members of the Council and all
officers, employees and agents of the City are hereby authorized to take
such action as they or anyone of them may consider necessary or
desirable in connection with the issuance and sale of the Bond and any
such action previously taken is hereby ratified and confirmed.
13. Election Under Public Finance Act. The Council hereby elects
pursuant to Section 15.2-2601 of the Virginia Code to issue the Bond
under the Public Finance Act of 1991, as amended, without regard to the
requirements, restrictions or other provisions contained in the Charter of
the City or local or special act applicable to the City.
13. Effective Date. This Resolution shall take effect immediately.
I
* * *
The undersigned Clerk of the City of Roanoke, Virginia, hereby
certifies that the foregoing constitutes a true and correct extract from the
minutes of a meeting of the City Council held on December 18, 2006,
and of the whole thereof so far as applicable to the matters referred to in
such extract. I hereby further certify (a) that such meeting was a
regularly scheduled meeting and that, during the consideration of the
foregoing resolution, a quorum was present, and (b) that the attendance
of the members and voting on the foregoing resolution was as follows:
--
Present 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 X
Brian J. Wishneff X X
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128
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, I
this 18th day of December, 2006.
Acting City Clerk, City of Roanoke,
Virginia
APPROVED
ATTEST:
. .~ h7'h[u~
Stephanie M. Moon
Acting City Clerk
C2
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of December, 2006.
No. 37651-121806.
I
AN ORDINANCE to amend 9 36.2-100, Code of the City of Roanoke
(1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, to rezone certain
property within the City, subject to certain conditions proffered by the
applicant; and dispensing with the second reading of this ordinance by
title.
WHEREAS, the City of Roanoke, has made application to the Council
of the City of Roanoke, Virginia ("City Council"), to have the property
located at 4803 Williamson Road, N. W., bearing Official Tax No.
2170128, rezoned from CG, Commercial-General District, and RM-2,
Residential Mixed Density DistriCt, to CG, Commercial-General District,
subject to certain conditions proffered by the applicant;
WHEREAS, the City Planning Commission, after giving proper notice
to all concerned as required by 9 36.1-540, 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;
.
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129
WHEREAS, a public hearing was held by City Council on such
application at its meeting on Monday, December 18, 2006, after due and
timely notice thereof as required by 9 36.1-540, 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,
and is of the opinion that the property located at 4803 Williamson Road,
N. W., bearing Official Tax No. 2170128, should be rezoned as
requested, and that such property be rezoned from CG, Commercial-
General District, and RM-2 Residential Mixed Density District, to CG,
Commercial-General District, subject to certain conditions proffered as
set forth in the Second Amended Petition to Rezone filed in the City
Clerk's Office on November 21, 2006.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. Section 36.20-100, 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 so that the subject property
is rezoned from CG, Commercial-General District, and RM-2 Residential
Mixed Density District, to CG, Commercial-General District, with such
proffers as are set forth in the Second Amended Petition to Rezone filed
in the City Clerk's Office on November 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:
W~h1,lr7orW
Stephanie M. Moon
Acting City Clerk
c.
C. Nelson Harris
Mayor
130
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2'. day of January, 2007.
No. 37652-010207.
AN ORDINANCE to appropriate additional funding from the
Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF)
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
Other Equipment
Local Match Funding for Grants
Revenues
RSAF - EKG - State FY07
RSAF - EKG - Local FY07
Local Match Funding for Grants
35-520-3572-9015
35-300-9700-5415
$ 7,530.00
(3,765.00)
35-520-3572-3572
35-520-3572-3573
35-300-9700-5207
3,765.00
3,765.00
(3,765.00)
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
Q..
C. Nelson Harris
Mayor
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1 31
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2'" day of January, 2007.
No. 37653-010207.
AN ORDINANCE to appropriate funding from the Commonwealth
for E-911 Wireless Service, amending and reordaining certain sections of
the 2006-2007 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 2006-2007 General and Department of
Technology Funds Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
General Fund
Appropriations
Transfer to Department of
Technology Fund
Revenues
E-911 Wireless
Department of Technoloqv Fund
Appropriations
Appropriated from State Grant
Funds
Revenues
Transfer from General Fund
01-250-9310-9513 $279,645.00
01-110-1234-0654 279,645.00
13-430-9870-9007 $279,645.00
13-110-1234-1037 279,645.00
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:
~~~'~Wv
Stephanie M. Moon
Acting City Clerk
e.~~
Mayor
132
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2'd day of January, 2007.
No. 37654-010207.
A RESOLUTION authorizing the donation of 228 desktop
computers, 45 monitors, 100 keyboards and 100 mice that no longer
meet the minimum specifications for personal computers in the City of
Roanoke to the Roanoke City School Board.
BE IT RESOLVED by the Council of the City of Roanoke that Council
hereby authorizes the donation of 228 desktop computers, 45 monitors,
100 keyboards and 100 mice to the Roanoke City School Board in
accordance with the recommendation contained in the City Manager's
letter to Council dated January 2,2007.
APPROVED
ATTEST:
cz. Wv~~
C. Nelson Harris
Mayor
~\V\.~~
Stephanie M. Moon
Acting City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2'd day of January, 2007.
No. 37655-010207.
A RESOLUTION authorizing payment of deferred compensation 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 deferred
compensation for such time as she serves as Acting City Clerk.
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THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that Stephanie M. Moon shall receive during the current and any future
fiscal years on an installment basis, the sum of $2,000.00 per quarter
paid to ICMA as deferred compensation, retroactive to the first pay day in
October 2006, for such time as Ms. Moon serves as Acting City Clerk.
BE IT FURTHER RESOLVED that the Director of Finance shall be
authorized, for and on behalf of the City, to execute any documents
required by ICMA to implement this resolution.
APPROVED
ATTEST:
~~.ll'~~
Stephanie M. Moon .'
Acting City Clerk
~ tt~~~
c. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of January, 2007.
No. 37656-011607.
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 $32,967.00 upon all the terms, provisions and conditions
relating to the receipt of such funds. The grant, which requires a
S 10,989.00 in-kind match by the City, is more particularly described in
the letter of the City Manager to Council, dated January 16, 2007.
134
2. The City Manager and the Acting 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
ATTEST:
~.~~
Stephanie M. Moon
Acting City Clerk
~u
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of January, 2007.
No. 37657-011607.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia for the Police Department Domestic Violence Program Grant
(VSTOP), 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:
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Appropriations
Regular Employee Salary
City Retirement
FICA
Medical Insurance
Dental Insurance
Life Insurance
Revenues
VSTOP Grant - State -
CY2007
VSTOP Grant - Local -
CY2007
135
35-640-3323-1002
35-640-3323-1105
35-640-3323-1120
35-640-3323-1125
35-640-3323-1126
35-640-3323-1130
$ 31,147.00
4,707.00
2,383.00
4,140.00
247.00
379.00
35-640-3323-3323
32,967.00
10,036.00
35-640-3323-3324
Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
~~.~&v0
Stephanie M. Moon
Acting City Clerk
APPROVED
~~ ~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16'" day of January, 2007.
No. 37658-011607.
A RESOLUTION accepting the Virginia Sexual and Domestic Violence
Victim Fund 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:
136
1. The City of Roanoke does hereby accept the Virginia Sexual I
and Domestic Violence Victim Fund grant offered by the Virginia
Department of Criminal Justice Services in the amount of $27,957.00
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 16, 2007.
2. The City Manager and the Acting 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
ATTEST:
M~hl.~oW\/
Stephanie M. Moon
Acting City Clerk
(~
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C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of January, 2007.
No. 37659-011607.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia for the Virginia Sexual and Domestic Violence Victim Fund 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:
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137
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Appropriations
Temporary Employee Wages
FICA
Training & Development
Revenues
Police Domestic Violence Victim
FY07
35-640-3351-1004
35-640-3351-1120
35-640-3351-2044
$25,344.00
1,939.00
674.00
35-640-3351-3351
29,757.00
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:
~'6IJ. OYjDtW
Stephanie M. Moon
Acting City Clerk
(!,.
C. e son Harris
Mayor
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of January, 2007.
No. 37660-011607.
A RESOLUTION accepting the Access Point 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 Access Point
grant offered by the Virginia Department of Criminal Justice Services in
the amount of $31,013.00 upon all the terms, provisions and conditions
relating to the receipt of such funds. The grant, which requires a
$10,338.00 in-kind match by the City, is more particularly described in
the letter of the City Manager to Council, dated January 16, 2007.
I
2. The City Manager and the Acting 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.
138
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:
~ UJL~
C. Nelson Harris
Mayor
~M.fT)h~)
Stephanie M. Moon
Acting City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16'h day of January, 2007.
No. 17661-011607.
AN ORDINANCE to appropriate funding from the federal
government through the Commonwealth of Virginia for the Byrne
Memorial Grant Program, amending and reordaining certain sections of
the 2006-2007 Department of Technology 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 Department of Technology and
Grant Funds Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
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Department of Technoloqv Fund
Appropriations
Appropriated from General Revenue
Transfer to Grant Fund
Grant Fund
Appropriations
Publications & Subscriptions
Furniture & Equipment
Revenues
Police Access Points FY07
Police Access Points FY07 - Local
Match
13-430-9915-9003
13-430-9915-9535
($10,338.00)
10,338.00
35-640-3580-2040
35-640-3580-9005
6,351.00
35,000.00
31,013.00
10,338.00
35-640-3580-3580
35-640-3580-3581
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:
~m.~o~
(~1kl~~
Stephanie M. Moon
Acting City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16'h day of January, 2007.
No. 37664-011607.
AN ORDINANCE to appropriate funding from the Federal and
Commonwealth governments, as well as from fees and donations, 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.
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BE IT ORDAINED by the Council of the City of Roanoke that the I
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
Program Director
Instructional Staff
Activity Assistants
Media Assistant
Social Security
Indirect Costs
Contract Services
Conference Travel
Pupil Transportation
Supplies
Tournament
Attendance
Social Security
Tournament Fees
Tournament Travel
Stipends for Extra Duty
Social Security
Instructional Supplies
Incentives
Contracted Services
Social Security
Contracted Services
Travel Expenses
Membership Fees
Instructional Supplies
Security Guards
Social Security
Revenues
Federal Grant Receipts
Donations
State Grant Receipts
State Grant Receipts
Local Match
Fees
30-062-6348-0124-6100
30-062-6348-0121-6100
30-062-6348-0141-6100
30-062-6348-0151-6100
30-062-6348-0201-6100
30-062-6348-0212-6100
30-062-6348-0313-6100
30-062-6348-0554-6100
30-062-6348-0583-6100
30-062-6348-0614-6100
30-062-6618-0129-6108
30-062-6618-0201-6108
30-062-6618-0332-6108
30-062-6618-0554-6108
30-062-6906-0129-6000
30-062-6906-0201-6000
30-062-6906-0614-6000
30-062-6906-0615-6000
30-062-6907-0313-6000
30-062-6907-0201-6000
30-062-6908-0313-6311
30-062-6908-0554-6311
30-062-6908-0581-6311
30-062-6908-0614-6311
30-062-6908-0195-6311
30-062-6908-0201-6311
30-062-6348-1102
30-062-6618-1103
30-062-6906-1100
30-062-6907-1100
30-062-6908-1101
30-062-6908-1103
$12,242.00
34,890.00
21,600.00
7,200.00
11,815.00
2,730.00
63,000.00
1,962.00
12,500.00
25,700.00
5,000.00
200.00
1,800.00
8,000.00
7,245.00
555.00
8,199.00
747.00
26,010.00
1,990.00
2,685.00
4,225.00
500.00
540.00
279.00
21.00
I
193,639.00
15,000.00
16,746.00
28,000.00
2,000.00
6,250.00
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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:
~'f0.mQ~
Stephanie M. Moo~ ~
Acting City Clerk
t.~
c. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5'" day of February, 2007.
No. 37667-020507.
A RESOLUTION memorializing the late Ralph Keister Bowles, former
City Council member and longtime resident of Roanoke.
WHEREAS, the members of Council learned with sorrow of the
passing of Mr. Bowles on Thursday, January 4, 2007;
WHEREAS, Mr. Bowles was born in Kimball, West Virginia, the son of
the late Phlegar W. and Katherine Smith Bowles;
WHEREAS, Mr. Bowles was a graduate of William Fleming High
School and of the American Institute of Baking in Chicago;
WHEREAS, Mr. Bowles served in the U.S. Marine Reserves for three
and a half years before going into the U.S. Army, and was a World War II
veteran serving with the 106th Infantry Division, 4220' Regiment, Cannon
Company, as a radio operator and a forward observer in the Battle of the
Bulge;
WHEREAS, in December, 1944, during the Battle of the Bulge, Mr.
Bowles was wounded and taken as a prisoner of war to Stalag 9B prison
camp before being liberated by General Patton's troops in April 1945;
WHEREAS, Mr. Bowles was the recipient of the Bronze Star and the
Purple Heart with an Oak Leaf Cluster for his service in World War II:
142
WHEREAS, Mr. Bowles married Elizabeth Thomas, and the couple
owned and operated Bowles Bake Shop for 38 years;
I
WHEREAS, Mr. Bowles taught baking and cake decoration both in
the U.s. Army at Camp Lee and in the Roanoke County Public School
System;
WHEREAS, Mr. Bowles was active in the Williamson Road community
and his church, Huntington Court United Methodist, for 78 years;
WHEREAS, Mr. Bowles was a past commander and active member of
the Roanoke Valley Chapter American Ex-Prisoners of War and also the
Virginia and the national organization;
WHEREAS, Mr. Bowles was a member of American Legion Post #68,
McKenzie Post #3, Disabled American Veterans, Amvets, VFW, and was a
life member of the 1 06th Infantry Association;
WHEREAS, Mr. Bowles was a member of the Williamson Road
Masonic Lodge #163, and was recently honored with a 50-year
membership pin by the Kazim Temple of the Shrine:
WHEREAS, Mr. Bowles had 58 years of perfect attendance with the
Williamson Road Lions Club and was a regular volunteer at the Lion's
Recycle Center, and was awarded the Melvin Jones Fellow and Life Lion
Membership;
I
WHEREAS, Mr. Bowles was awarded the honor of Roanoke's Father
of the Year in 1971, and was selected as the American Women's
Association Boss of the Year in 1979;
WHEREAS, Mr. Bowles served an interim term on Roanoke City
Council in 1965 and he and his wife, Elizabeth, are the only couple in
Roanoke who both served their City as a member of the Roanoke City
Council.
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 Ralph Keister Bowles, and
extends to his family its sincerest condolences.
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2. The City Clerk is directed to forward an attested copy of this
resolution to Mr. Bowles' widow, Elizabeth Thomas Bowles, of Roanoke,
Virginia.
APPROVED
ATTEST:
~~~.~
Stephanie M. Moon
City Clerk
e. ~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of February, 2007.
No. 37668-020507.
A RESOLUTION electing and appointing Stephanie M. Moon as City
Clerk for the City of Roanoke, and ratifying the terms and conditions of
employment as City Clerk offered to Stephanie M. Moon.
WHEREAS, the City Council desires to elect and appoint
Stephanie M. Moon as Roanoke City Clerk pursuant to the Roanoke
Charter of 1952; and
WHEREAS, Stephanie M. Moon has agreed to accept election and
appointment as City Clerk;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Stephanie M. Moon is hereby elected and appointed as City
Clerk of the City of Roanoke for a term which shall expire September 30,
2008.
144
2. The terms and conditions of Stephanie M. Moon's election
and appointment as City Clerk shall be as hereinafter set forth:
I
(a) The annual salary shall be $78,000.00;
(b) The City shall pay quarterly on behalf of
Stephanie M. Moon the sum of $2,000.00 to the
International City Management Association-
Retirement Corporation (ICMA-RC) for Stephanie
M. Moon's participation in said ICMA-RC
Retirement Plan, and the City shall execute any
necessary agreements to provide for such,
payment;
(c)
Recognizing that the job requirements of City
Clerk routinely require incurring of travel related
expenses in the course of City business, a bi-
weekly salary increment of $96.15 shall be
provided for use by Stephanie M. Moon of a
privately-owned or leased automobile in the
conduct of official City business;
I
(d) The City shall put into force on Ms. Moon's
behalf a disability insurance policy on the same
terms provided to other Council-appointed
officers.
(e) With respect to benefits and terms and
conditions of employment not enumerated in
this resolution, Stephanie M. Moon shall be
accorded such benefits and shall be subject to
such terms and conditions on the same basis as
other similarly situated employees of the City.
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3. Stephanie M. Moon will make arrangements to qualify for
office by taking the required Oath of Office as soon as practicable.
APPROVED
ATTEST:
~-&J~m.m{)~
Stephanie M. Moon {
City Clerk
e.
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5'" day of February, 2007.
No. 37669-020507.
A RESOLUTION authorizing the acceptance of a grant from the
Governor's Youth Community Service and Civic Engagement program to
be used to establish and implement a Service Learning Academy in
connection with the Youth Haven program; and authorizing the execution
of the necessary documents to accept such grant, 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 grant from the
Governor's Youth Community Service and Civic Engagement program,
Grant Number 07-A5413GS05, in the amount of $10,000.00, with a
match by the City of $1,667.00, to be used to establish and implement a
Service Learning Academy program in connection with Youth Haven
program, and as more particularly set forth in the February 5, 2007, letter
of the City Manager to this Council.
146
2. The City Manager is hereby authorized to execute any and all I
requisite documents, upon form approved by the City Attorney, and to
furnish such additional information to the Commonwealth as may be
required in connection with the City's acceptance of this grant.
APPROVED
ATTEST:
c:lkQ.~
~~.Yv\.~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5'" day of February, 2007.
No. 37670-020507.
I
AN ORDINANCE to appropriate local match funding and funding
from the Commonwealth of Virginia Department of Criminal Justice
Services for the Governor's Office on Substance Abuse Grant 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 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
Transfer to Grant Fund
Fees For Professional Services
Grant Fund
Appropriations
Part-time Employee Wages
FICA
Program Activities
Travel and Meals
01-250-9310-9535
01-630-3350-1004
$1,667.00
(1 ,667.00)
35-630-5010-1004
35-630-5010-1120
35-630-5010-2066
35-630-5010-2144
9,811.00
751.00
805.00
300.00
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147
Revenues
Service Learning Academy
State
Service Learning Academy
Local
35-630-5010-5010
10,000.00
1,667.00
35-630-5010-5011
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:
~~ 04). hJ{)rnJ
Stephanie M. Moon '/
City Clerk
c.V&-~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of February, 2007.
No. 37671-020507.
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 funds from the
Virginia Department of Criminal Justice Services, in the amount of
$40,581.00, as set forth in the City Manager's letter, dated February 5,
2007, to this Council are hereby ACCEPTED; such funds and the
corresponding local matching funds of $4,509.00 to be allocated
between the City and Roanoke County as set out in such letter.
148
2. The City Manager, or her designee, is hereby authorized to I
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
ATTEST:
~/17. rr;OW
Stephanie M. Moon
City Clerk
Q1k1L~
c. Nelson Harris
Mayor
INTHE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5'" of February, 2007.
No. 37672-020507.
I
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 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
Transfer to Grant Fund
Fees For Professional Services
Grant Fund
Appropriations
Parttime Employee Wages
FICA
01-250-9310-9535
01-630-1270-2010
$3,149.00
(3,149.00)
35-630-5077-1004
35-630-5077-1120
6,700.00
513.00
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149
Fees For Professional Services
Fees For Professional Services
Revenues
State Grant Receipts - City
Local Match - City
State Grant Receipts - County
Local Match - County
35-630-5077-2010
35-630-5079-2010
24,275.00
13,602.00
35-630-5077-5077
35 -6 3 0- 5 0 77 - 5 078
35-630-5079-5079
35-630-5079-5080
28,339.00
3,149.00
12,242.00
1,360.00
Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~m.h;aMJ
Stephanie M. Moon
City Clerk
c.1klcH'"J.
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of February, 2007.
.'
No. 37673-020507.
AN ORDINANCE amending and reordaining Subsection 1 of Section
21-207, Same-Specific prohibitions, of Chapter 21, Offenses
Miscellaneous, 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:
Subsection 1 of Section 21-207, Same - Specific prohibitions, of
Chapter 21, Offenses Miscellaneous, Code of the City of Roanoke (1979),
as amended, is hereby amended and reordained to read and provide as
follows:
921-207. Same-Specific prohibitions
Subject to the exceptions provided in section 21-208, any of
the following acts, or the causing or permitting thereof,
among others, is declared to be a noise disturbance
150
constituting a Class 2 misdemeanor and a public nuisance, but
such enumeration shall not be deemed to be exclusive:
(1) Radios, television sets, musical instruments and similar
devices operating, playing or permitting the operation or
playing of any radio, amplifier, television, record, tape or
compact disc player, drum, musical instrument or similar
device:
I
a. Between the hours of 10:00 p.m. and 8:00 a.m. in such
a manner as to permit sound to be heard across a residential
real property boundary;
b. When the sound source is located within a motor
vehicle in or upon public right-of-way or public property and
the sound can be heard more than fifty (50) feet from its
source; or
c. Between the hours of 8:00 a.m. and 10:00 p.m. in such
a manner as to permit sound to be heard on residential
property more than fifty -(50) feet from the boundary line of
its source.
* * .
I
2. Pursuant to Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~~ 01). r>t OtyV
Stephanie M. Moon
City Clerk
e,11t~
Mayor
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1 51
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of February, 2007.
No. 37674-020507.
AN ORDINANCE to appropriate funding from the Department of
Technology Fund Retained Earnings for various telephone projects,
amending and reordaining certain sections of the 2006-2007 Department
of Technology Fund Appropriations and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the
following sections of the 2006-2007 Department of Technology 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
Reserve - Future Telephone
Replacement
13-430-9920-9003
13-430-9921-9003
13-430-9922-9003
$83,000.00
111,000.00
58,000.00
13-3368
(252,000.00)
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~"711>V
City Clerk
c.
C. Nelson Harris
Mayor
152
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
I
The 5th day of February, 2007.
No. 37675-020507.
AN ORDINANCE authorizing the proper City officials to execute an
amendment to a Performance Agreement dated December 9, 2005,
among the City of Roanoke, (City), the Industrial Development Authority
of the City of Roanoke, Virginia, (IDA), and Faison-Southern Lane, LLC,
(FSL), which amendment will provide for a certain time extension
concerning a certain obligation of FSL under such Performance
Agreement; and dispensing with the second reading by title of this
Ordinance.
WHEREAS, the City, the IDA (the IDA has changed its name to the
Economic Development Authority of the City of Roanoke, Virginia (EDA),
and FSL entered into a Performance Agreement dated December 9, 2005,
(Performance Agreement) concerning FSL's proposed development of
certain property mentioned therein, and which was subject to certain
terms and conditions contained in such Performance Agreement; and
WHEREAS, due to unanticipated time delays which FSL has indicated
were beyond its control, FSL has requested a certain time extension for
completion of one of FSL's obligations under the Performance Agreement
and the City and the EDA have agreed to FSL's request.
I
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. City Council hereby approves FSL's requested time extension
for completion of one of FSL's obligations under the Performance
Agreement, namely the item relating to Subsection 2(A), as set forth in
the City Manager's letter to Council dated February 5, 2007, and the draft
amendment attached thereto.
2. The City Manager and the City Clerk are authorized on behalf
of the City to execute and attest, respectively, an amendment to the
Performance Agreement providing for a certain time extension for FSL to
complete one of FSL's obligations under the Performance Agreement
upon certain terms and conditions as set forth in the above mentioned
City Manager's letter. Such amendment will be substantially similar to
the one attached to such letter and in a form approved by the City
Attorney.
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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 amendment to
the Performance Agreement and of the Performance Agreement itself.
4. Pursuant to the provisions of Section 12 of the City Code, the
second reading by title of this Ordinance is hereby dispensed with.
APPROVED
ATTEST:
Q.~~
c. Nelson Harris
Mayor
~)y;, tr;btY\J
Stephanie M. Moon
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of February, 2007.
No. 37676-020507.
AN ORDINANCE amending and reordaining Section 21-81,
Discharqe of air qun, qravel shooter, pneumatic qun. etc., of Chapter 21,
Offenses - Miscellaneous, 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. Section 21-81, Discharqe of air qun. qravel shooter.
pneumatic qun. etc., of Chapter 21, Offenses - Miscellaneous, Code of the
City of Roanoke (1979), as amended, is hereby amended and reordained
to read and provide as follows:
154
921-81. Discharqe of air qun. qravel shooter. pneumatic qun,
etc.
I
(a) Any person who shall, anywhere within the
city, discharge shot, stones, gravel, bullets or any
similar thing from a gravel shooter, air gun,
pneumatic gun or other similar implement shall be
guilty of a Class 4 misdemeanor, unless otherwise
permitted by this section.
(b) Subsection (a) shall not prohibit the use of a
pneumatic gun at a facility approved for shooting
ranges. or on other I'rol'erty' where firearnn may be
disehargeellawfull'y.
(c) Subsection (a) shall not prohibit the
establishment of commercial or private areas
designated for use of paintball guns for recreational
use in accordance with all applicable requirements.
Equipment designed to protect the face and ears
shall be provided to participants at such recreational
areas, and signs shall be posted to warn against
entry into the paintball area by persons who are
unprotected or unaware that paintball guns are in
use.
I
(d) As used in this section, the term, "pneumatic
gun" means any implement, designed as a gun, that
will expel a BB or a pellet by action of pneumatic
pressure. The term "pneumatic gun" includes a
paintball gun that expels by action of pneumatic
pressure plastic balls filled with paint for the purpose
of marking the point of impact.
(e) All uses of a pneumatic gun otherwise allowed
under this section by a minor below the age of
sixteen (16) years on I'ri'.ate or I'ublic pfOl'erty shall
be under the supervision of a parent, guardian, or
other adult supervision approved by athe minor's
parent or guardian.
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(f) All uses of a pneulolatic gtll1 other.vise allowed
under this section 011 priv'ate property' with the
consent of the owner by a miner aoe'lie the age of
sixtC(ll (1 G) ycaF3 shall occur only .....ith the 'Nritten
consent of a parent or guardian.
(gf) All minors, when permitted
guardian to use a pneumatic
responsible for obeying all laws,
restrictions governing such use.
by a parent or
gun, shall be
regulations and
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(h) The training of minors in the use of
pneumatic guns shall be done only under direct
supervision of a parent, guardian, Junior Reserve
Officers Training Corps instructor, or a certified
instructor. Training of minors above the age of
sixteen (16) may also be done without direct
supervision if approved by the minor's instructor,
with the permission of and under the responsibility
of a parent or guardian, and in compliance with all
requirements of this section. Rallges alod instructors
may be certified by the National Rifle Association, a
state or federal agency that has developed a
certification program, any service of the Department
of Defense, the Junior Reserve Officer Training
Corps, American Legion, 4-H, the Civilian
Marksmanship Program, Boyar Girl Scouts, USA
Shooting, and similar groups approved by the Chief
of Police, or any person authorized by these
autlujritiesentities to certify ranges and instructors.
(ih) All training and shooting shall take place
either indoors at a range deemed safe for such use
by the minor's certified instructor, or outdoors at a
facility meeting the requirements of subsection (b)
above.
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155
156
2. Pursuant to Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
I
APPROVED
ATTEST:
m.lY)o o-7'\J
Stephanie M. Moon
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of February, 2007.
No. 37662-020507.
AN ORDINANCE authorizing the proper City officials to execute a
Budget Amendment No. 1 to the Amended and Supplemented South
Jefferson Cooperation Agreement 2 (Budget Amendment No.1) between
the City of Roanoke (City) and the City of Roanoke Redevelopment and
Housing Authority (RRHA); approving an amended budget for such
Budget Amendment No.1; and authorizing the City Manager to take such
actions and execute further documents as may be needed to implement
and administer such Budget Amendment NO.1.
I
WHEREAS, by Resolution No. 35248-031901, City Council approved
a Redevelopment Plan for the South Jefferson Redevelopment Area
(Redevelopment Plan);
WHEREAS, the City and RRHA entered into a South Jefferson
Cooperation Agreement 2 dated March 19, 2001, authorized by
Ordinance No. 35250-031901 (SJC Agreement 2) to provide for RRHA to
implement the Redevelopment Plan, and RRHA has proceeded with such
implementation;
WHEREAS, the City and RRHA entered in to an amendment to the
SJC Agreement 2 by an Amended and Supplemented South Jefferson
Cooperation Agreement 2 dated March 19, 2004, authorized by
Ordinance No. 36645-031504 (Amended Agreement), which extended the I
term of the original SJC Agreement 2 and the Amended Agreement to
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March 19, 2009. Such Amended Agreement further provided for an
Amended Budget dated March 11, 2004, in order to provide additional
funds to RRHA so RRHA could acquire certain additional property
pursuant to the Redevelopment Plan; and
WHEREAS, the RRHA has advised the City that certain property
located in Area 1, Tax Map Nos. 1032208 and 1032209, which is owned
by B&B Holdings LLC, still needs to be acquired by RRHA and RRHA needs
additional funds to acquire such property. Therefore, RRHA has
requested the City to further amend the Amended Budget set forth in the
Amended Agreement to provide for such additional funds, as further set
forth in the City Manager's January 16, 2007, letter to Council.
NOW, 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 Budget
Amendment No. 1 to the Amended and Supplemented South Jefferson
Cooperation Agreement 2 that will provide for a Second Amended
Budget, together with such other terms and conditions as set forth in the
above mentioned City Manager's letter and as may be deemed
appropriate by the City Manager. Such Budget Amendment No.1 is to be
in a form substantially similar to the one attached to the above
mentioned letter and be in a form approved by the City Attorney.
2. City Council hereby approves the Second Amended Budget
for the Budget Amendment No. 1 as such budget is set forth and
attached to the above mentioned City Manager's letter.
3. The City Manager is further authorized to take further actions
and execute further documents as may be needed to implement and
administer such Budget Amendment No. 1 and the Second Amended
Budget.
APPROVED
ATTEST:
e.W~
~
~ fr?, fr;JlJn)
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
158
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 5'" day of February, 2007.
No. 37663-020507.
AN ORDINANCE to appropriate funding from the Economic and
Community Development Reserve for the South Jefferson Redevelopment
Project, amending and reordaining certain sections of the 2006-2007
Capital Projects Fund Appropriations.
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 08-530-9633-9003 $1,565,567.00
Fund Balance
Economic and Community
Development Reserve -
Unappropriated 08-3365 (1,565,567.00)
I
APPROVED
ATTEST:
e.1JJ~
c. Nelson Harris
Mayor
,,~~IY). hJonrv
Stephanie M. Moon
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of February, 2007.
No. 37666-020507.
AN ORDINANCE authorizing the lease of 297 square feet of space
located within the City Market Building for a term of three (3) years for a I
restaurant.
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WHEREAS, a public hearing was held on January 16, 2007, pursuant
to 991 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
that 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 Christopher J. Dobe, d/b/a ADobe Salad Works, for the
lease of approximately 297 square feet of space located within 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 January 16, 2007.
APPROVED
ATTEST:
~ 1/7, h]D0'V
Stephanie M. Moon
City Clerk
c.
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of February, 2007.
No. 37665-020507.
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 rezone certain
property within the City, subject to a certain condition proffered by the
applicant.
WHEREAS, William R. Barnes, Jr., and Blair M. Barnes, represented by
Daniel F. Layman, attorney, have 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 R-12, Residential Single Family District, Conditional, subject to a
certain condition proffered by the applicants;
160
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 January 16, 2007, 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, 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 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, I
as amended, be amended to reflect that property located at the eastern
terminus of Appleton Avenue, N.W., containing 6.1523 acres, more or
less, bearing Official Tax No. 6380512, be, and is hereby rezoned from
R-7, Residential Single Family District, to R-12, Residential Single Family
District, Conditional, as set forth in the Amended Petition of William R.
Barnes, Jr., and Blair M. Barnes, represented by Daniel F. Layman,
Attorney, filed in the Office of the City Clerk on January 2, 2007.
APPROVED
ATTEST:
-W~ hi, ~DN
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
I
161
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5'h day of February, 2007.
No. 37665-020507.
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 rezone certain
property within the City, subject to a certain condition proffered by the
applicant.
WHEREAS, William R. Barnes, Jr., and Blair M. Barnes, represented by
Daniel F. Layman, attorney, have 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 R-12, Residential Single Family District, Conditional, subject to a
certain condition proffered by the applicants;
I
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 January 16, 2007, 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, 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.
I
162
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that 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, be amended to reflect that property located at the eastern
terminus of Appleton Avenue, N.W., containing 6.1523 acres, more or
less, bearing Official Tax No. 6380512, be, and is hereby rezoned from
R-7, Residential Single Family District, to R-12, Residential Single Family
District, Conditional, as set forth in the Amended Petition of William R.
Barnes, Jr., and Blair M. Barnes, represented by Daniel F. Layman,
Attorney, filed in the Office of the City Clerk on January 2, 2007.
I
APPROVED
ATTEST:
Step'hanie M.' ~
City Clerk
c~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 20th day of February, 2007.
No. 37677-022007.
A RESOLUTION memorializing the late Bobby G. Pollard, Bedford
County District 6 Supervisor and a Bedford County native;
WHEREAS, the members of Council learned with sorrow of the
passing of Mr. Pollard on Thursday, January 18, 2007;
WHEREAS, Mr. Pollard was a native of Bedford County;
WHEREAS, Mr. Pollard served in the Virginia National Guard for
eight years in the 29th Division, 116th Infantry;
WHEREAS, Mr. Pollard retired from the Information Technology
Department of Norfolk Southern after 38 years of service;
WHEREAS, Mr. Pollard served on the Bedford County Board of
Supervisors for a total of 13 years, for District 1 from 1984 to 1990, and I
for District 6 from 2000 to 2007;
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163
WHEREAS, Mr. Pollard was appointed by three governors to serve on
the Virginia Recreational Facilities Authority and the Virginia Cemetery
Board;
WHEREAS, Mr. Pollard was a volunteer tour guide at the National D-
Day Memorial in Bedford, a volunteer at the Bedford City/County
Museum, a member of Shady Grove Baptist Church, and a member of the
Bedford Breakfast Lion's Club;
WHEREAS, Mr. Pollard was very devout and a family man who has
left an invaluable legacy for those he loved.
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 Bobby G. Pollard, and
extends to his family its sincerest condolences.
2. The City Clerk is directed to forward an attested copy of this
resolution to Mr. Pollard's widow, Annie St. Clair Pollard, of Blue Ridge,
Virginia.
APPROVED
ATTEST:
~rn,hJ~
Stephanie M. Moon !
City Clerk
c'
C. Ne son Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of February, 2007.
No. 37678-022007.
A RESOLUTION accepting a grant from the Norfolk Southern
Foundation made to the City to fund the development of a strategic plan
for the Virginia Museum of Transportation, and authorizing execution of
any required documentation on behalf of the City.
164
BE IT RESOLVED by the Council of the City of Roanoke as follows:
I
1. The City of Roanoke does hereby accept a grant from the
Norfolk Southern Foundation to fund the development of a strategic plan
for the Virginia Museum of Transportation in the amount of $50,000.00
upon all the terms, provisions and conditions relating to the receipt of
such funds, all as more particularly described in the letter of the City
Manager to Council dated February 20, 2007.
2. The City Manager and the City Clerk are hereby authorized to
execute, seal, and attest, respectively, all necessary documents required
to accept the grant funds, 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:
~/:::~:'706YV
City Clerk
C- v{J~
C. Nelson Harris
Mayor
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of February, 2007.
No. 37679-022007.
AN ORDINANCE to appropriate funding from the Norfolk Southern
Foundation for a study of the recognition potential of the Virginia
Museum of Transportation, amending and reordaining certain sections of
the 2006-2007 Grant Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
I
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I
165
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
Fees for Professional Services 35-410-8749-2010 $ 50,000.00
Revenues
VA Museum Study (NS Foundation) 35-410-8749-8749 50,000.00
FY07
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:
;tN-L m. h-tUllY'J
e.
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'" day of February, 2007.
No. 37680-022007.
A RESOLUTION authorizing the City Manager to execute the
requisite documents with the Western Virginia Workforce Development
Board for the City of Roanoke to continue to be the grant recipient for
Workforce Investment Act Area 3, to be operated by the Western Virginia
Workforce Development Board.
166
BE IT RESOLVED by the Council of the City of Roanoke as follows:
I
1. The Western Virginia Workforce Development Board
Workforce Investment Act funding of $ 50,000.00 is hereby ACCEPTED,
for the period of 2007 - 2008.
2. The City Manager is authorized to execute, and the City Clerk
is authorized to attest, the requisite documents necessary to accept such
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 February 20,
2007, to City Council.
APPROVED
ATTEST:
~In.h]~
Stephanie M. Moon
City Clerk
~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 20th day of February, 2007.
No. 37681-022007.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia for the Workforce Investment Act Incentive 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
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I
167
Appropriations
Incentive Grant - Regular Employee
Wages 35-633-2337-8057 $50,000.00
Revenues
Workforce Investment Act Incentive
Grant 35-633-2337-2337 50,000.00
Pursuant to the provIsions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
A~Jr;oo7\r<N
City Clerk
e.~~
c. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of February, 2007.
No. 37682-02207.
A RESOLUTION accepting the Data Share 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 Data Share grant
offered by the Virginia Department of Criminal Justice Services in the
amount of $200,000.00 upon all the terms, provisions and conditions
relating to the receipt of such funds. The grant, which requires a
$25,000.00 in-kind match by the City, is more particularly described in
the letter of the City Manager to Council, dated February 20, 2007.
168
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.
I
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:
~/Y),~~
Stephanie M. Moon
City Clerk
Q\~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 20'h day of February, 2007.
No. 37683-022007.
AN ORDINANCE to appropriate funding from the federal
government through the Commonwealth of Virginia for the Byrne
Memorial 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
Fees for Professional Services
Expendable Equipment
Publications & Subscriptions
Furniture & Equipment
Revenues
Police Data Sharing FY07 - State
35-640-3630-2010
35-640-3630-2035
35-640-3630-2040
35-640-3630-9005
$40,000.00
8,000.00
120,000.00
32,000.00
150,000.00
I
35-640-3630-3630
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169
Police Data Sharing FY07 - Local 35-640-3630-3631
Match
Police Data Sharing FY07 - 35-640-3630-3632
Roanoke County
Police Data Sharing FY07 - City 35-640-3630-3633
of Salem
Police Data Sharing FY07 - Town 35-640-3630-3634
of Vi nton
25,000.OQ
18,300.00
5,100.00
1 ,600.00
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). j)'l{fCYIJ
Stephanie M. Moon
City Clerk
c. UdV\.~~
c. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of February, 2007.
No. 37684-022007.
A RESOLUTION authorizing the appropriate City officials to amend
the 2005-2010 Consolidated Plan regarding the World Changers project,
including submission of necessary documents to the U.S. Department of
Housing and Urban Development (HUD), and to enter into a Subgrant
Agreement with the Blue Ridge Housing Development Corporation, Inc.,
regarding the World Changers project, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that, as more
particularly set forth in the City Manager's letter dated February 20,2007,
to City Council:
1. The City Manager is hereby authorized to execute an
amendment to the 2005-2010 Consolidated Plan regarding the World
Changers project, including submission of necessary documents to HUD;
and
170
2. The City Manager and City Clerk are hereby authorized to
execute and attest, respectively, on behalf of the City, a Subgrant
Agreement with the Blue Ridge Housing Development Corporation, Inc.,
regarding the World Changers project, such agreement to be approved as
to form by the City Attorney.
I
APPROVED
ATTEST:
~j~LIYJ6~
City Clerk
~.~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of February, 2007.
No. 37685-022007.
I
AN ORDINANCE to appropriate funding from the Parking Fund
Retained Earnings for necessary repairs and expansion analysis 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:
Appropriations
Appropriated from General
Revenue 07-540-8258-9003
Fund Balance
Retained Earnings - Available 07-3348
$1,435,000.00
(1,435,000.00)
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1 71
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'hJ~
Stephanie M. Moon
City Clerk
c,~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of February, 2007.
No. 37686-022007.
A RESOLUTION authorizing the filing of an application to rezone
property which is owned by the City of Roanoke and which is designated
as Official Tax Nos. 6460102, 6460103, 6472207, 6472208 and
6472209, and all public rights-of-way adjacent to such lots.
WHEREAS, the City of Roanoke owns certain property designated as
Official Tax Nos. 6460102 and 6460103, located on Ferncliff Avenue,
N. W., and Ordway Drive, N. W., and zoned INPUD, Institutional Planned
Unit Development District;
WHEREAS, the City of Roanoke also owns certain property designed
as Official Tax Nos. 6472207, 6472208 and 6472209, located on
Highland Farm Road, N. W., and zoned ROS, Recreation and Open Space
District:
WHEREAS, the City of Roanoke desires to rezone Official Tax Nos.
6460102,6460103,6472207,6472208 and 6472209, and certain public
rights-of-way adjacent to such lots, to INPUD, Institutional Planned Unit
Development District, subject to a particular plan of development, to
permit redevelopment of the William Fleming High School campus,
located at 3601 Ferncliff Avenue, N. W.; and
1 72
WHEREAS, it is the desire of City Council to consider the rezoning
of such property from INPUD, Institutional Planned Unit Development
District, and ROS, Recreation and Open Space District, to INPUD,
Institutional Planned Unit Development District, subject to a particular
plan of development;
I
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 ROS, Recreation and Open Space District, and INPUD,
Institutional Planned Unit Development District, to INPUD, Institutional
Planned Unit Development District, subject to a particular plan of
development, for the purpose of permitting redevelopment of the William
Fleming High School campus located at 3601 Ferncliff Avenue, N. W., and
2. That the City Manager is authorized to file an application,
similar in form and content to the application attached to the letter dated
February 20, 2007, to this Council, to rezone the subject property from
ROS, Recreation and Open Space District, and INPUD, Institutional
Planned Unit Development District, to INPUD, Institutional Planned Unit
Development District, subject to a certain development plan, to permit
redevelopment of the William Fleming High School campus located at
3601 Ferncliff Avenue, N. W., or amended applications and other
documents necessary to effect consideration of this matter by City
Council, all approved as to form by the City Attorney.
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APPROVED
ATTEST:
, - hl.1YJ 000
Stephanie M. Moon
City Clerk
~'W~~
C. Nelson Harris
Mayor
I
1 73
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of February, 2007.
No. 37687-022007.
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 rezone certain
property within the City; and dispensing with the second reading of this
ordinance by title.
WHEREAS, Roanoke Redevelopment and Housing Authority (RRHA),
has 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 MXPUD, Mixed Use Planned Unit
Development District;
I
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 February 20, 2007, 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, 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.
I
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THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
I
that:
1. 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, be amended to reflect that 1641 Salem Avenue, S. W.,
bearing Official Tax No. 1210634, be, and is hereby rezoned from RM-2,
Residential Mixed Density District, to MXPUD, Mixed Use Planned Unit
Development District, as requested in the First Amended Petition to
Rezone filed by the Roanoke Redevelopment and Housing Authority in the
Office of the City Clerk on January 4, 2007.
2. Pursuant to the provisions of 912 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~Jn.n;~
Stephanie M. Moon
City Clerk
c,~
C. Nelson Harris
Mayor
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'" day of February, 2007.
No. 37688-022007.
AN ORDINANCE permanently vacating, discontinuing and closing
portions of certain streets 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, 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 portions of certain streets and certain public rights-
of-way described hereinafter;
I
1 75
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 February 20, 2007, 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 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 streets and certain
public rights-of-way.
I
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the streets and certain public rights-of-way situate in the
City of Roanoke, Virginia, and more particularly described as follows:
(1) a portion of 17''' Street, S. W., beginning approximately
190 feet north of its intersection with the northern right-of-
way of Salem Avenue and continuing in a northerly direction
to its terminus at Westview Avenue; (2) a portion of 18'"
Street, S. W., from its intersection with the northerly right-of-
way line of Westport Avenue to its terminus at Westview '
Avenue; (3) all of Westview Avenue, S. W.; and (4) a narrow,
380 foot long strip of varying widths, of Salem Avenue,
beginning at the intersection of the northerly right-of-way of
Salem Avenue and the westerly right-of-way of 1 7'h Street and
continuing along the northerly right-of-way of Salem Avenue
to its intersection with the easterly right-of-way of 18th Street,
S. W.
I
be, and are hereby permanently vacated, discontinued and closed, and
that all right and interest of the public in and to the same be, and hereby
is, released insofar as City Council is empowered so to do with respect to
the closed streets 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
176
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 streets 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 streets 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 applicant shall submit to the
Subdivision Agent, receive all required approvals of, and record with the
Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with
such plat combining all properties which would otherwise dispose of the
land within the rights-of-way to be vacated in a manner consistent with
law, and retaining appropriate easements, together with the right of
ingress and egress over the same, for the installation and maintenance of
any and all existing utilities that may be located within the rights-of-way.
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BE IT FURTHER ORDAINED that the applicant shall, upon meeting all
other conditions to the granting of the application, deliver to the Clerk of
the Circuit Court of the City of Roanoke, Virginia, a certified copy of this
ordinance for recordation where deeds are recorded in such Clerk's
Office, indexing the same in the name of the City of Roanoke, Virginia, as
Grantor, and in the name of the applicant, and the names of any other
parties in interest who may so request, as Grantees, and pay such fees
and charges as are required by the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified
copy of this ordinance being recorded by the Clerk of the Circuit Court of
the City of Roanoke, 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.
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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.~~
Mayor
117 .IY)WYJ
Stephanie M. Moon
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of February, 2007.
No. 37689-022007.
A RESOLUTION authorizing the issuance of two million six hundred
thousand dollars ($2,600,000.00) principal amount of general obligations
of the City of Roanoke, Virginia, in the form of general obligation public
improvement bonds of such City, for the purpose of providing funds to
pay the costs of the acquisition, construction, reconstruction,
improvement, extension, enlargement, and equipping of various public
parking facilities of and for such City; fixing the form, denomination and
certain other details of such bonds; providing for the sale of such bonds;
authorizing the preparation of a preliminary official statement and an
official statement relating to such bonds and the distribution thereof and
the execution of a certificate relating to such official statement;
authorizing the execution and delivery of a continuing disclosure
certificate relating to such bonds; authorizing and providing for the
issuance and sale of a like principal amount of general obligation public
improvement bond anticipation notes in anticipation of the issuance and
sale of such bonds; delegating to the City Manager and the Director of
Finance certain powers with respect to the sale and determination for the
details of such bonds and notes; and otherwise providing with respect to
the issuance sale and delivery of such bonds and notes.
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WHEREAS, in the judgment of the Council (the "Council") of the City
of Roanoke, Virginia (the "City"), it is desirable to authorize the City to
contract a debt and to authorize the issuance of $2,600,000.00 principal
amount of general obligations of the City, in the form of General
Obligation Public Improvement Bonds of the City, for the purpose of
providing funds to pay the costs of the acquisition, construction,
reconstruction, improvement, extension, enlargement and equipping of
various public parking facilities of and for the City and to authorize the
issuance of a like principal amount of General Obligation Public
Improvement Bond Anticipation Notes in anticipation of the issuance of
such Bonds;
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code
of Virginia, 1950, the same being the Public Finance Act of 1991 (the
"Public Finance Act of 1991 "), for the purpose of providing funds to pay
the costs of the acquisition, construction, reconstruction, improvement,
extension, enlargement and equipping of various public parking facilities
of and for the City, the City is authorized to contract a debt and to issue
$2,600,000 principal amount of general obligation bonds of the City to
be designated and known as the "City of Roanoke, Virginia, General
Obligation Public Improvement Bonds" (referred to herein as the "Bonds").
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(b) The Bonds shall be issued and sold in their entirety at one
time, or from time to time in part in series, as shall be determined by the
Director of Finance. There shall be added to the designation of the Bonds
a series designation determined by the Director of Finance. The Bonds
shall be issued in fully registered form in the denomination of $5,000.00
each or any whole multiple thereof. The Bonds of a given series shall be
numbered from No. R-l 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 7 hereof. The Bonds
of each series shall be issued in such aggregate principal amounts (not
exceeding the aggregate principal amount specified in Section 1 (a)); and
shall mature on such dates and in such years (but in no event exceeding
forty (40) years from their date or dates), and in the principal amount in
each such year, as shall be determined by the City Manager and the
Director of Finance in accordance with the provisions of Section 7 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.
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(c) The Bonds (or portions thereof in installments of $5,000.00)
shall be 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 7 hereof.
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(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
equaling in principal amount that portion of the principal amount thereof
not to be redeemed, shall be mailed not less than thirty (30) days prior to
the date fixed for redemption, by first class mail, postage prepaid, to the
registered owner thereof at his address as it appears on the books of
registry kept by the Registrar as of the close of business on the forty-fifth
(45th) day next preceding the date fixed for redemption. If notice of the
redemption of any Bond shall have been given as aforesaid, and payment
of the principal amount of such Bond (or the portion of the principal
amount thereof to be redeemed) and of the accrued interest and
premium, if any, payable upon such redemption shall have been duly
made or provided for, interest thereon shall cease to accrue from and
after the date so specified for the redemption thereof.
(ii) So long as the Bonds are in book-entry only form, any notice
of redemption shall be given only to The Depository Trust Company, New
York, New York (hDTC"), or to its nominee. The City shall not be
responsible for providing any beneficial owner of the Bonds any notice of
redemption.
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SECTION 2. The full faith and credit of the City shall be and is
irrevocably pledged to the punctual payment of the principal of and
premium, if any, and interest on the Bonds as the same become due. In
each year while the Bonds, or any of them, are outstanding and unpaid,
the Council shall be authorized and required to levy and collect annually,
180
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.
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SECTION 3. (a) The Bonds shall be executed, for and on behalf of
the City, by the manual or facsimile signature of the Mayor and shall have
a facsimile of the corporate seal of the City imprinted thereon, attested
by the manual or facsimile signature of the City Clerk.
(b) The Director of Finance is hereby authorized to appoint a
Registrar and Paying Agent for the Bonds (the "Registrar").
(c) The Director of Finance shall direct the Registrar to
authenticate the Bonds and no Bond shall be valid or obligatory for any
purpose unless and until the certificate of authentication endorsed on
each Bond shall have been manually executed by an authorized signatory
of the Registrar. Upon the authentication of any Bonds the Registrar shall
insert in the certificate of authentication the date as of which 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 Bonds of any series
shall be dated as of a date other than the first day of a calendar month or
the dates on which interest is payable on such series are other than the
first days of calendar months, the provisions of this Section 3(c) with
regard to the authentication of such Bonds and of Section 8 with regard
to the form of such Bonds shall be modified as the Director of Finance
shall determine to be necessary or appropriate.
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(d)
set forth
Bonds.
The execution and authentication of the Bonds in the manner
above is adopted as a due and sufficient authentication of the
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SECTION 4. (a) The principal of and premium, if any, on the Bonds
shall be payable in such coin or currency of the United States of America
as at the respective dates of payment thereof is legal tender for public
and private debts at the office of the Registrar. Interest on the Bonds
shall be payable by check mailed by the Registrar to the registered
owners of such Bonds at their respective addresses as such addresses
appear on the books of registry kept pursuant to this Section 4; provided,
however, that so long as the Bonds are in book-entry form and registered
in the name of Cede & Co., as nominee of DTC, or in the name of such
other nominee of DTC as may be requested by an authorized
representative of DTC, interest on the Bonds shall be paid directly to
Cede & Co. or such other nominee of DTC by wire transfer.
(b) At all times during which any Bond of any series remains
outstanding and unpaid, the Registrar for such series shall keep or cause
to be kept at its office books of registry for the registration, exchange
and transfer of Bonds of such series. Upon presentation at its office for
such purpose the Registrar, under such reasonable regulations as it may
prescribe, shall register, exchange or transfer, or cause to be registered,
exchanged or transferred, on the books of registry the Bonds as
hereinbefore set forth.
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(c) The books of registry shall at all times be open for inspection
by the City or any duly authorized officer thereof.
(d) Any Bond may be exchanged at the office of the Registrar for
such series of Bonds for a like aggregate principal amount of such Bonds
in other authorized principal sums of the same series, interest rate and
maturity.
(e) Any Bond of any series may, in accordance with its terms, be
transferred upon the books of registry by the person in whose name it is
registered, in person or by his duly authorized attorney, upon surrender
of such Bond to the Registrar for cancellation, accompanied by a written
instrument of transfer duly executed by the registered owner in person or
by his duly authorized attorney, in form satisfactory to the Registrar.
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(f) All transfers or exchanges pursuant to this Section 4 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 4 shall be cancelled.
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(g) (i) The Bonds shall be issued in full book-entry form. One
Bond representing each maturity of the Bonds will be issued to and
registered in the name of Cede & Co., as nominee of DTC, as registered
owner of the Bonds, and each such Bond will be immobilized in the
custody of DTC. DTC will act as securities depository for the Bonds.
Individual purchases will be made in book-entry form only, in the
principal amount of $5,000.00 or any whole multiple thereof. Purchasers
will not receive physical delivery of certificates representing their interest
in the Bonds purchased.
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(ii) Principal, premium, if any, and interest payments on the
Bonds will be made by the Registrar to DTC or its nominee, Cede & Co.,
as registered owner of the Bonds, which will in turn remit such payments
to the DTC participants for subsequent disbursal to the beneficial owners
of the Bonds. Transfers of principal, premium, if any, and interest
payments to DTC participants will be the responsibility of DTC. Transfers
of such payments to beneficial owners of the Bonds by DTC participants
will be the responsibility of such participants and other nominees of such
beneficial owners. Transfers of ownership interests in the Bonds will be
accomplished by book entries made by DTC and, in turn, by the DTC
participants who act on behalf of the indirect participants of DTC and the
beneficial owners of the Bonds.
(iij) The City will not be responsible or liable for sending
transaction statements or for maintaining, supervising or reviewing
records maintained by DTC, its participants or persons acting through
such participants or for transmitting payments to, communicating with,
notifying, or otherwise dealing with any beneficial owner of the Bonds.
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SECTION 5. (a) CUSIP identification numbers may be printed on
the Bonds, but no such number shall constitute a part of the contract
evidenced by the particular Bond upon which it is printed; no liability
shall attach to the City or any officer or agent thereof (including any
paying agent for the Bonds) by reason of such numbers or any use made
thereof (including any use thereof made by the City, any such officer or
any such agent) or by reason of any inaccuracy, error or omission with
respect thereto or in such use; and any inaccuracy, error or omission with
respect to such numbers shall not constitute cause for failure or refusal
by the successful bidder or purchaser to accept delivery of and pay for
the Bonds in accordance with the terms of its bid. All expenses in
connection with the assignment and printing of CUSIP numbers on the
Bonds shall be paid by the City; provided, however, that the CUSIP Service
Bureau charge for the assignment of such numbers shall be the
responsibility of the successful bidder for or purchaser of the Bonds.
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(b) A copy of the final legal opinion with respect to the Bonds,
with the name of the attorney or attorneys rendering the same, together
with a certification of the City Clerk, executed by a facsimile signature of
that officer, to the effect that such copy is a true and complete copy
(except for letterhead and date) of the legal opinion which was dated as
of the date of delivery of and payment for the Bonds, may be printed on
the Bonds.
SECTION 6. The City covenants and agrees to comply with the
provisions of Sections 103 and 141-150 of the Internal Revenue Code of
1986 and the applicable Treasury Regulations promulgated thereunder
throughout the term of the Bonds.
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SECTION 7. (a) The Bonds shall be sold at negotiated or
competitive sale on such date or dates and at such price or prices as shall
be determined by the City Manager and the Director of Finance. In the
event it is determined that the Bonds shall be sold at competitive sale,
the Director of Finance is hereby authorized to prepare or cause to be
prepared a Summary Notice of Sale of the Bonds and to cause such
Summary Notice of Sale to be published in The Bond Buyer, a financial
journal published in the City of New York, New York, and to prepare or
cause to be prepared and distributed a Preliminary Official Statement and
a Detailed Notice of Sale relating to the Bonds. In preparing the Detailed
Notice of Sale relating to the Bonds, the Director of Finance is hereby
authorized to provide that bids for the purchase of the Bonds may be
received by electronic bidding. The City Manager and the Director of
Finance (i) are hereby authorized to determine the dated date of the
Bonds of each series, the dates the Bonds of each series shall mature, the
dates on which interest on the Bonds shall be payable, the aggregate
principal amount of the Bonds of each series and the principal amount of
the Bonds of each series maturing in each year and (ii), in the event it is
determined that the Bonds shall be sold at competitive sale, are hereby
further authorized to receive bids for the purchase of the Bonds of each
series and, without further action of this Council, to accept the bid
offering to purchase the Bonds of each series at the lowest true interest
cost to the City; provided, however, in no event shall the true interest
cost with respect to the Bonds of any series exceed seven percent
(7.00%). The City Manager and the Director of Finance are further
authorized to fix the rates of interest to be borne by the Bonds of each
maturity of each series as specified in the bid accepted by them in
accordance with the immediately preceding sentence. The City Manager
and the Director of Finance are hereby authorized to determine the
provisions relating to the redemption of the Bonds upon the advice of the
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City's financial advisor; provided, however, in no event shall any
redemption premium payable by the City exceed two percent (2.00%).
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(b) The Mayor is hereby authorized and directed to execute and
deliver to the purchasers of the Bonds an Official Statement of the City
relating to the Bonds, in substantially the form of the Preliminary Official
Statement relating to the Bonds, after the same has been completed by
the insertion of the maturities, interest rates and other details of the
Bonds and by making such other insertions, changes or corrections as the
Mayor, based on the advice of the City's financial advisors and legal
counsel (including the City Attorney and Bond Counsel), deems necessary
or appropriate; and this Council hereby authorizes the Official Statement
and the information contained therein to be used by the purchasers in
connection with the sale of the Bonds. The Preliminary Official Statement
is "deemed final" for purposes of Rule 1 5c2-1 2 promulgated by the
Securities and Exchange Commission pursuant to the Securities Exchange
Act of 1934 ("Rule 15c2-12''). The City Manager and the Director of
Finance are hereby authorized and directed to execute on behalf of the
City and deliver to the purchasers a certificate in substantially the form to
be included in the Official Statement under the caption "Certificate
Concerning Official Statement".
(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 and Bond Counsel), such approval to be
conclusively evidenced by their execution thereof.
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(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 8. The Bonds, the certificate of authentication of
the Registrar, and the assignment endorsed on the Bonds, shall be in
substantially the forms set forth in Exhibit A attached hereto.
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SECTION 9. General obligation public improvement bond
anticipation notes (the "Notes") are authorized for issuance and sale by
the City Manager and the Director of Finance in anticipation of the
issuance of the general obligation bonds authorized for issuance herein.
Such Notes shall be sold at competitive or negotiated sale at such price or
prices and on such other terms and conditions as shall be determined by
the City Manager and the Director of Finance. The City Manager and the
Director of Finance (i) are hereby authorized to determine the dated date
of the Notes of each series, the dates the Notes of each series shall
mature, the dates on which interest on the Notes shall be payable, the
aggregate principal amount of the Notes of each series and the principal
amount of the Notes of each series maturing in each year and (ii) are
hereby further authorized to receive bids for the purchase of the Notes of
each series if sold at competitive sale or proposals for the purchase of
the Notes of each series if sold at negotiated sale and, without further
action of this Council, to accept the bid or proposal offering to purchase
the Notes of each series at the lowest true interest cost to the City;
provided, however, in no event shall the true interest cost with respect to
the Notes of any series exceed six percent (6.00%). The City Manager and
the Director of Finance are further authorized to fix the rates of interest
to be borne by the Notes of each maturity of each series as specified in
the bid or proposal accepted by them in accordance with the immediately
preceding sentence. The City Manager and the Director of Finance are
hereby authorized to determine the provisions relating to the redemption
of the Notes hereof upon the advice of the City's financial advisor;
provided, however, in no event shall any redemption premium payable by
the City exceed two percent (2.00%). If such Notes are offered for
competitive sale, a Detailed Notice of Sale or Summary Notice of Sale
shall be prepared, published and distributed in accordance with the
requirements of Section 7. If such Notes are publicly offered, there may
also be prepared and distributed a Preliminary Official Statement and a
final Official Statement relating to such Notes in such form as shall be
approved by the Director of Finance. The issuance and details of such
Notes shall be governed by the provisions of Section 15.2-2628 of Title
15.2, Chapter 26, Article 2 of the Code of Virginia, 1950. The provisions
of Sections 2 and 6 shall apply to such Notes to the same extent the
same apply to the Bonds except, in the case of the provisions of
Section 2, only to the extent such Notes are not paid from the proceeds
of the Bonds or from any other available funds. Bonds in anticipation of
which such Notes are issued pursuant to this Section 9 may be issued and
sold in accordance with the provisions of this Resolution at any time
within five (5) years of the date of issuance of the first Notes issued in
anticipation of such Bonds.
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SECTION 10. The Council hereby authorizes the City to make
expenditures for the purpose for which the Bonds are to be issued in
advance of the issuance and receipt of the proceeds of the Bonds and to
reimburse such expenditures from the proceeds of the Bonds. The
adoption of this Resolution shall be considered an "official intent" within
the meaning of Treasury Regulation Section 1.150-2 promulgated under
the Internal Revenue Code of 1986.
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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.
EXHIBIT A
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
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GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES _____
REGISTERED
No. R-__
MATURITY
DATE:
REGISTERED
$------
INTEREST
RATE:
DATE OF BOND:
CUSIP NO.:
REGISTERED OWNER: CEDE & CO.
PRINCIPAL SUM:
DOLLARS
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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 (15th) 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 ("DTC"), or in the name of
such other nominee of DTC as may be requested by an authorized
representative of DTC, interest on this Bond shall be paid directly to Cede
& Co. or such other nominee of DTC by wire transfer. Interest on this
Bond shall be calculated on the basis of a three hundred and sixty (360)
day year comprised of twelve (12) thirty (30) day months. The principal
of and premium, if any, on this Bond are payable on presentation and
surrender hereof, at the office of ___________________________________, as
the Registrar and Paying Agent, in the City of ____________, __________.
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.
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This Bond is one of an issue of Bonds of like date, denomination
and tenor except as to number, interest rate and maturity, which is
issued for the purpose of providing funds to pay the costs of the
acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various public parking facilities of and for
the City, 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 resolutions and other proceedings of
the Council of the City duly adopted and taken under the Public Finance
Act of 1991.
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The Bonds of the issue of which this Bond is one (or portions
thereof in installments of $5,000.00) maturing on and after
__________________ are subject to redemption at the option of the City
prior to their stated maturities, on or after _____________________ in whole
or in part from time to time on any date, in such order as may be
determined by the City (except that if at any time less than all of the
Bonds of a given maturity are called for redemption, the particular Bonds
or portions thereof in installments of $5,000.00 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:
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Redemption
(Both Dates Inclusive)
D t Redemption
a es
(Percentaqes
Amount)
of
Prices
Principal
__________ __ to __________ __, ____ %
__________ __ to __________ __, ____
__________ __ and thereafter
If this Bond is redeemable and this Bond (or any portion of the
principal amount hereof in installments of $5,000.00) shall be called for
redemption, notice of the redemption hereof, specifying the date,
number and maturity of this Bond, the date and place or places fixed for
its redemption, the premium, if any, payable upon such redemption, and
if less than the entire principal amount of this Bond is to be redeemed,
that this Bond must be surrendered in exchange for the principal amount
hereof to be redeemed and a new Bond or Bonds issued equaling in
principal amount that portion of the principal amount hereof not to be I
redeemed, shall be mailed not less than thirty (30) days prior to the date
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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.
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Subject to the limitations and upon payment of the charges, if any,
provided in the proceedings authorizing the Bonds of the issue of which
this Bond is one, this Bond may be exchanged at the office of the
Registrar for a like aggregate principal amount of Bonds of other
authorized principal amounts and of the same issue, interest rate and
maturity. This Bond is transferable by the Registered Owner hereof, in
person or by his attorney duly authorized in writing, on the books of
registry kept by the Registrar for such purpose at the office of the
Registrar but only in the manner, subject to the limitations and upon
payment of the charges, if any, provided in the proceedings authorizing
the Bonds of the series of which this Bond is one, and upon the surrender
hereof for cancellation. Upon such transfer a new Bond or Bonds of
authorized denominations and of the same aggregate principal amount,
issue, interest rate and maturity as the Bond surrendered, will be issued
to the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of
authentication hereon shall have been manually signed by the Registrar.
The full faith and credit of the City are irrevocably pledged to the
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 shall be authorized and
required to levy and collect annually, at the same time and in the same
manner as other taxes of the City are assessed, levied and collected, a
tax upon all property within the City, over and above all other taxes,
authorized or limited by law and without limitation as to rate or amount,
sufficient to pay the principal of and premium, if any, and interest on this
Bond to the extent other funds of the City are not lawfully available and
appropriated for such purpose.
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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.
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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 its City Clerk; and this Bond to be dated as of
the _______ day of __________, 200_.
CITY OF ROANOKE, VIRGINIA
[SEAL]
Mayor
Attest:
City Clerk
CERTIFICATE OF AUTHENTICATION
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This Bond is one of the Bonds delivered pursuant to the within-
mentioned proceedings.
[_____________________________-1, as
Registrar
By:
Authorized Signatory
Date of Authentication:
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sel\(s), assign(s) and
transfer(s) unto
------------------------------------------------------------------------
------------------------------------------------------------------------
(Please print or type name and address, including postal zip code of
Transferee)
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PLEASE INSERT SOCIAL SECURITY
OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE:
the within Bond and all rights thereunder, hereby irrevocably constituting
an d ap po i nt i ng __________________________________________________,
Attorney, to transfer such Bond on the books kept for the registration
thereof, with full power of substitution in the premises.
Dated: ____________________
Signature Guaranteed:
NOTICE: Signature(s) must be
guaranteed by a member firm of
The New York Stock Exchange,
Inc. or a commercial bank or trust
company.
(Signature of Registered Owner)
NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears on the face of this Bond
in every particular, without
alteration, enlargement or any
change whatsoever.
APPROVED
ATTEST:
, - /Y7,IYJhY0
Stephanie M. Moon
City Clerk
c. ~JW)(\)
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'" day of February, 2007.
No. 37690-022007.
AN ORDINANCE to appropriate funding to be provided by the Series
2008 Bonds to the Campbell Avenue Parking Garage,
reordaining certain sections of the 2006-2007
Appropriations and dispensing with the second reading
ordinance.
amending and
Parking Fund
by title of this
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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:
ns
from 2008
07-540-8252-9199 2,600,000.00
q Facilities 07-540-8259-9286 (2,600,000,00)
.-
. _n
A ro riatio
Appropriated
Bond Funds
Public Parkin
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;. hJ OtMJ
Stephanie M. Moon
City Clerk
Q...
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20,h day of February, 2007.
No. 37691-022007.
AN ORDINANCE authorizing the proper City officials to execute a
Comprehensive Agreement, pursuant to the Public Private Education
Facilities and Infrastructure Act of 2002 (PPEA), between the City of
Roanoke (City) and Donley's LLC (Donley's) that provides for Donley's to
do the complete design and construction of a new City parking garage in
the 300 block of Campbell Avenue, S. W.; approving the terms of such
Agreement: authorizing the City Manager to implement, administer, and
enforce such Agreement; and dispensing with the second reading by title
of this ordinance.
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WHEREAS, the City requested proposals under the PPEA for the
design and construction of a new City parking garage in the 300 block of
Campbell Avenue, S. W.;
WHEREAS, the City received two proposals and City staff evaluated
such proposals;
WHEREAS, City staff has determined that the proposal from
Donley's was the most responsive and that it would be in the City's best
interest to accept such proposal, all as more fully set forth in the City
Manager's February 20,2007, letter to Council;
WHEREAS, City staff has negotiated a Comprehensive Agreement
with Donley's for the above described work for a guaranteed maximum
price of $5,985,000.00, subject to certain allowances; and
WHEREAS, City staff recommends that Council approve the terms of
the Comprehensive Agreement and authorize the City Manager to
implement, administer, and enforce such an Agreement.
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THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. City Council hereby approves the terms of the
Comprehensive Agreement between the City and Donley's as set forth in
the attachment to the City Manager's letter to Council dated February 20,
2007, which provides for Donley's to do the complete design and
construction of the new City parking garage in the 300 block of Campbell
Avenue, S. W., for a guaranteed maximum price of $5,985,000.00,
subject to certain allowances as set forth in such Agreement.
2. The City Manager and the City Clerk are authorized to
execute and attest, respectively, a Comprehensive Agreement between
the City and Donley's, upon certain terms and conditions as set forth in
the City Manager's letter to Council dated February 20, 2007. The
Comprehensive Agreement shall be substantially similar to the one
attached to the City Manager's 'letter to Council and in a form approved
by the City Attorney.
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3. The City Manager is further authorized to take such actions
and execute such documents as may be necessary to implement,
administer, and enforce such Comprehensive Agreement, including any
changes to the price, subject to the amount of funds appropriated and
the provisions of the City Charter, and/or time of performance.
194
4. Pursuant to the provisions of Section 12 of the City Charter,
the second reading of this ordinance by title is hereby dispensed with.
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APPROVED
ATTEST:
~/r;, h;o~
Stephanie M. Moon
City Clerk
~ 1kQ.w~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'h day of February, 2007.
No. 37692-022007.
AN ORDINANCE amending and reordaining the Code of the City of
Roanoke (1979), as amended, by repealing Chapter 31, Subdivisions,
consisting of 9931-1 through 31-124, and enacting Chapter 31.1,
Subdivisions, consisting of 9931.1-100 through 31.1-604, and
accompanying Appendices A and B, such Chapter 31.1, Subdivisions,
being a comprehensive revision of the subdivision regulations of the City:
providing for an effective date; and dispensing with the second reading
by title of this ordinance.
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WHEREAS, on August 20, 2001, City Council adopted Vision 2001-
2020 ("Comprehensive Plan"), a new Comprehensive Plan for the City,
which plan necessitated a comprehensive revision of the City's zoning
and subdivision ordinances;
WHEREAS, the City Council adopted Ordinance No. 37268-120505,
Chapter 36.2, Zoninq, a new zoning ordinance, on December 5, 2005;
WHEREAS, upon adoption of Chapter 36.2, Zoninq, work began on
a new subdivision ordinance;
WHEREAS, a draft of the new subdivision ordinance was made
available to the public in early October, 2006;
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WHEREAS, City staff conducted an information and public input
session for developers and design professionals in early November, 2006,
and met with representatives of the Roanoke Regional Homebuilders
Association to discuss the draft ordinance soon thereafter;
WHEREAS, after due and timely public notice, the Planning
Commission for the City of Roanoke held a public hearing on December
21, 2006, on the draft subdivision ordinance and unanimously
recommended to City Council that Chapter 31, Subdivisions, be repealed
and that Chapter 31.1, Subdivisions, be adopted;
WHEREAS, a public hearing was held on the new subdivision
ordinance by City Council at its meeting on February 20, 2007, after due
and timely public notice thereof;
WHEREAS, this Council, after considering the proposed subdivision
ordinance, is of the opinion that the proposed subdivision ordinance is
consistent with Vision 2001-2020, the City's Comprehensive Plan, and
ought to be adopted in order to implement the Comprehensive Plan.
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THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. Chapter 31, Subdivisions, consisting of 9931-1 through 31-
124, of the Code of the City of Roanoke (1979), as amended, is hereby
REPEALED.
2. The Code of the City of Roanoke (1979), as amended, is
amended and reordained by the addition of a new Chapter 31.1,
Subdivisions, consisting of 9931.1-100 through 31.1-604, and
accompanying Appendices A and B, as set forth herein.
3. Section 31.1-100, Title, 931.1-101, General purpose and
intent, 931.1-102, Coordination with other requlations, 931.1-103,
Applicabilitv, 931.1-104, Citv not obliqated to pav for improvements, and
931.1-105, Permits, of Article I, General Provisions, of Chapter 31.1,
Subdivisions, of the Code of the City of Roanoke (1979), as amended,
shall provide as follows:
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Section 31.1-100. Title.
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This chapter shall officially be known, cited, and referred to as the
subdivision ordinance and shall consist of six (6) numbered articles and
appendices A and B.
Section 31.1-101. General purpose and intent.
Pursuant to 915.2-2240, et seq" Code of Virginia (1950), as
amended, this ordinance is for the general purposes of implementing the
Comprehensive Plan and ensuring the orderly subdivision of land and its
development within the corporate limits of the City to the extent
permitted by law. More specifically, the intent of this chapter is to:
(a) Protect the health, safety and welfare of the citizens of
Roanoke;
(b) Promote the orderly development and efficient use of
land;
(c)
Promote economic growth and development;
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(d)
Provide for efficient transportation systems;
(e) Establish standards for design of public and private
improvements;
(f) Provide public services and amenities; and
(h) Preserve and protect environmental resources.
Section 31.1-102. Coordination with other requlations.
The subdivision and development of land within the City is subject to
this chapter as well as all other provisions in the City Code, whether or
not such other regulations are specifically referenced in this chapter.
Lack of a cross-reference shall not be construed as an indication that
other regulations do not apply.
Section 31.1-103. Applicabilitv.
(a) No person shall subdivide land without making and
recording a plat of the subdivision and without fully
complying with the provisions of this chapter.
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(b) No plat of any subdivision shall be recorded unless it
has been approved by the Subdivision Agent.
(c) No person shall sell or transfer any land of a
subdivision before a final subdivision plat has been duly
approved and recorded as provided herein, unless the
subdivision was lawfully created prior to the adoption of a
subdivision ordinance applicable thereto. However, nothing
herein shall be construed as preventing the recordation of
the instrument by which such land is transferred or the
passage of title as between the parties to the instrument.
(d) The Clerk of Circuit Court of the City of Roanoke shall
not file or record a plat of subdivision required by this article
to be recorded until the plat has been approved as required
herein. The penalties provided by 917.1-223 of the Code of
Virginia shall apply to any failure to comply with the
provisions of this subsection.
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(e) This chapter bears no relationship to any private
easement, covenant, agreement or restriction, and the
responsibility of enforcing such shall not be with the City.
Section 31.1-104. Citv not obliqated to pav for improvements.
Nothing in this chapter shall be construed as creating an obligation
upon the City to pay for any public services or construction activity
including, but not limited to grading, paving, sidewalks, curbs, or
utilities.
Section 31.1-105. Permits.
(a) No permits for site development activities or
construction work may be issued until the appropriate
approvals required by this chapter have been given.
(b) No application for a building permit or zoning permit
shall be accepted for a subdivided lot until the subdivider has
provided the Subdivision Agent with the final subdivision plat
which has been recorded pursuant to 931.1-204 of this
chapter.
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4. Section 31.1-200, Concept Plan, 931.1-201, Preliminarv
subdivision plat, 931.1-202, Requirements for subdivision site plan,
931.1-203, Subdivision application, review, and approval, 931.1-204,
Recordinq and distribution of an approved subdivision plat, 931.1-205,
Failure to record subdivision plat, 931.1-206, Revision of an approved
plat or plan, 931.1-207, Vacation of a recorded plat, 931.1-208, Effect of
recordinq approved plat, 931.1-209, Period of valid it v, and 931.1-210,
ExcePtions, of Article II, Procedures, of Chapter 31.1, Subdivisions, of the
Code of the City of Roanoke (1979), as amended, shall provide as follows:
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Section 31.1-200. Concept plan.
(a) Prior to submitting any subdivision plat, the subdivider
may submit a concept plan for a proposed subdivision to
the agent for determining whether:
(1) The proposed subdivision generally meets the
requirements of this chapter and other regulations,
(2) The information required on the subdivision plat
and subdivision site plan pursuant to Appendix B of
this chapter has been provided,
(3) Improvements required as part of the
subdivision are being provided, and
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(4) Special concerns or issues with the proposed
subdivision including, but not limited to, flood plain
and riparian areas, proposed slopes and grading,
availability of public utilities, and stormwater
management, exist.
(b) Review of a concept plan is for the convenience of the
subdivider to facilitate the formal application process.
Comments may be limited only to those features of the
proposed subdivision shown on the Concept Plan, although
the Subdivision Agent may note certain types of additional
information which will be required. Comments on the
Concept Plan shall not constitute preliminary or formal
approval or disapproval of any proposed feature or
arrangement, nor shall comments constitute an affirmative
governmental act under 91 5.2-2307 of the Code of Virginia.
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Section 31.1-201. Preliminarv subdivision plat.
A subdivider may, at the subdivider's option, submit a preliminary
subdivision plat and preliminary subdivision plan to the Subdivision
Agent for approval. No preliminary subdivision plat shall result in actual
subdivision of land. Specific submittal requirements for a preliminary
subdivision plat and plan are identified in Appendix B of this chapter.
Section 31.1-202. Requirements for subdivision site plan.
For the purposes of determining whether a subdivision site plan is
required, two classifications of subdivision are hereby created:
(a) The following shall be classified as minor subdivisions:
(1) Division of a single parcel of land into two lots;
(2) Relocation of one or more boundary lines, where
no additional lots are created; or
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(3) Vacation of one or more boundary lines which
results in the creation of one or two lots.
(b) A minor subdivision plat shall not require a subdivision
site plan unless improvements within a right-of-way are
required by the City Code or are otherwise being provided by
the subdivider.
(c) The following shall be classified as major subdivisions:
(1) Division of a single parcel into three or more
lots: or
(2) Vacation of one or more boundary lines which
results in three or more lots.
(d) Every major subdivision shall include a subdivision site
plan.
(e)
A series of minor subdivision applications submitted
during a two-year period shall constitute a major
subdivision, if the series of plats relates to the same
parcel or parcels or to parcels located within the same
block.
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(f) Specific submittal requirements for a subdivision plat
and subdivision site plan are identified in Appendix B of this
chapter.
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Section 31.1-203. Subdivision application. review. and approval.
(a) For review of a concept plan, the subdivider shall
submit a plan showing the proposed subdivision and any
other supporting information the subdivider wishes to be
evaluated.
(b) To obtain approval of a preliminary subdivision plat
and plan, the subdivider shall submit a preliminary
subdivision application consisting of the following items to
the Subdivision Agent for review and approval:
(1) Completed application form:
(2) Nine (9) paper copies each of the preliminary
subdivision plat and the preliminary subdivision site
plan; and
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(3) Applicable review fees.
(c) To seek approval of a final subdivision plat, the
subdivider shall submit a subdivision application consisting
of the following items to the Subdivision Agent for review
and approval:
(1) Completed application form:
(2) Nine (9) paper copies of the final subdivision
plat, and nine (9) paper copies of the final subdivision
site plan if classified as a major subdivision; and
(3) Applicable review fees
(d) The Subdivision Agent shall accept a subdivision
application for review only after the following conditions are
met:
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(1) The subdivision plat and plan (if required) meet
the requirements of Appendix B, and
(2) Payment of fees is received.
(e) The review period shall begin when the subdivision
application is accepted for review. Once accepted, the
Subdivision Agent shall begin review of the application for
conformance with the requirements of this chapter, the
zoning ordinance, and any other regulations. If the
subdivision application is not accepted for review, the
Subdivision Agent shall notify the subdivider within five (5)
business days of the submittal date, stating the reasons for
non-acceptance.
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(f) The Subdivision Agent shall complete review and act
on an initial application for a preliminary or final subdivision
plat and plan review within fifteen (15) business days of the
date the application is accepted for review. The Subdivision
Agent shall complete review and act on a resubmitted
application for a preliminary or final subdivision plat and
plan review within ten (10) business days. If the Subdivision
Agent disapproves an application, or a resubmitted
application, the reasons for the disapproval shall be stated.
(g) Where an initial application or a resubmitted
application is disapproved and the reasons for disapproval
are stated, the subdivider shall indicate in a subsequent
resubmitted application how the subdivision plat or plan
were amended in response to each stated reason for
disapproval.
(h) Approval of a subdivision site plan shall be indicated
by the signature of the zoning administrator, the
development review engineer, and the Subdivision Agent.
Where the subdivision results in the dedication of right-of-
way or any improvements to be performed within a right-of-
way, the signature of the City Engineer shall also be required.
Any preliminary or final subdivision plat shall be approved
only after the subdivision site plan (if required) is approved.
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(i) The subdivision plat for any subdivision requIring
performance guarantees pursuant to ~31 .1-500 of this
chapter shall be approved only after such guarantees are
provided by the subdivider.
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Ul Upon or before the expiration of the review period, the
Subdivision Agent shall notify the subdivider that the
subdivision plat is ready for approval, at which time the
subdivider shall present to the Subdivision Agent three (3)
original drawings of the subdivision plat on reproducible
film. Approval of the subdivision plat shall be indicated by
signature of the Subdivision Agent. Where the subdivision
results in the dedication of right-of-way or any improvements
to be performed within a right-of-way, the signature of the
City Engineer shall also be required.
(k) The Subdivision Agent may allow submittal of any plat
or plan described herein in an electronic format.
Section 31.1-204. Recordinq and distribution of an approved
subdivision plat.
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The subdivider shall present three (3) original drawings on
reproducible film of the approved subdivision plat to the Clerk of Circuit
Court for attestation, recording, and indexing as prescribed by the Code
of Virginia. The clerk shall return two attested copies to the subdivider.
The subdivider shall then return one original and eight paper copies of
the attested subdivision plat to the Subdivision Agent. The Subdivision
Agent shall distribute copies to all appropriate City agencies which
maintain records and official maps, including the City Engineer and the
Office of Real Estate Valuation.
Section 31.1-205. Failure to record subdivision plat.
Unless a plat is filed for recordation within six months after final
approval thereof, such approval shall be withdrawn and the plat marked
void; however, in any case where construction of facilities to be dedicated
for public use has commenced pursuant to an approved plan or permit
with performance guarantees, or where the developer has furnished a
performance guarantee to the City in the amount of the estimated cost of
construction of such facilities, the time for plat recordation shall be
extended to one year after final approval or to the time limit specified in
the performance guarantee, whichever is greater.
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Section 31.1-206. Revision of an approved plat or plan.
(a) Revision of an approved subdivision plat which has not
been recorded shall follow the procedures for approval of a
subdivision plat in ~31.1-203. All copies of the previously-
approved subdivision plat, as described in ~31 .1-203(j), shall
be marked void by the Subdivision Agent prior to the
approval of a revised plat.
(b) Revision of an approved subdivision site plan requires
the resubmittal of a subdivision site plan of the areas
affected by the revision. The revised subdivision site plan
shall require approval as set forth in ~31.1-203(h).
Section 31.1-207. Vacation of a recorded plat.
A recorded plat, or part thereof, may be vacated before the sale of
any lot according to the provisions of ~ 15.2-2271 of the Code of Virginia.
A recorded plat, or any part thereof, where any of the lots have been sold,
may be vacated according to the provisions of ~ 15.2-2272 of the Code of
Virginia.
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Section 31.1-208. Effect of recordinq approved plat.
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(a) The recordation of an approved plat shall operate to
transfer, in fee simple, to the City the portion of the premises
platted as is on the plat set apart for streets, alleys or other
public use and to transfer to the City any easement indicated
on the plat to create a public right of passage over the land.
The recordation of such plat shall operate to transfer to the
City such easements shown on the plat for the conveyance of
stormwater, and to the Water Authority such easements
shown on the plat for conveyance of domestic water and
sewage, including the installation and maintenance of any
facilities utilized for such purposes, as the City and the Water
Authority may require. Nothing contained in this article shall
affect any right of a subdivider of land heretofore validly
reserved. The Clerk of Circuit Court shall index in the name
of all the owners of property affected by the recordation in
the grantor's index any plat recorded under this section.
Nothing in this section shall obligate the City or the Water
Authority to install or maintain such facilities unless
otherwise agreed to by the City or the Water Authority.
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(b) When the Subdivision Agent approves in accordance
with this chapter a plat or replat of land, then upon the
recording of the plat or replat in the office of the Clerk of
Circuit Court, all rights-of-way, easements or other interests
of the City in the land included on the plat or replat, except
as shown thereon, shall be terminated and extinguished,
except that an interest acquired by the City by
condemnation, by purchase for valuable consideration and
evidenced by a separate instrument of record, or streets,
alleys or easements for public passage subject to the
provisions of ~ 15.2-2271 or ~ 15.2-2272 of the Code of
Virginia, shall not be affected thereby. All public easements,
except those for public passage, easements containing
improvements, those that contain private utility facilities,
common or shared easements for the use of franchised cable
operators and public service corporations, may be relocated
by recordation of plat or replat signed by the owner of the
real property, approved by the Subdivision Agent, regardless
of the manner of acquisition or the type of instrument used
to dedicate the original easement. In the event the purpose
of the easement is to convey stormwater drainage from a
public street, the City shall first determine that the relocation
does not threaten either the integrity of the street or public
passage. The Clerk of Circuit Court shall index the City as
grantor of any easement or portion thereof terminated and
extinguished under this section.
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Section 31.1-209. Period of validitv.
(a) Once the Subdivision Agent has approved a preliminary
subdivision plat, the approval shall be valid for a period of
five years, provided the subdivider (i) submits a final
subdivision plat for all or a portion of the property within one
year of such approval, and (ii) thereafter diligently pursues
approval of the final subdivision plat. "Diligent pursuit of
approval" means that the subdivider has incurred extensive
obligations or substantial expenses relating to the submitted
final subdivision plat or modifications thereto. However, no
sooner than three years following such preliminary
subdivision plat approval, and upon ninety days' written
notice by certified mail to the subdivider, the Subdivision
Agent may revoke such approval upon a specific finding of
facts that the subdivider has not diligently pursued approval
of the final subdivision plat.
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(b) An approved final subdivision plat which has been
recorded or an approved final site plan, hereinafter referred
to as "recorded plat or final site plan," shall be valid for a
period of not less than five years from the date of approval
thereof. A subdivision site plan shall be deemed final once it
has been reviewed and approved by the Subdivision Agent if
the only requirement remaining to be satisfied in order to
obtain a building permit is the posting of any bonds and
escrows.
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(c) For so long as the final site plan remains valid in
accordance with the provisions of this section, or in the case
of a recorded plat for five years after approval, no change or
amendment to any local ordinance, map, resolution, rule,
regulation, policy or plan adopted subsequent to the date of
approval of the recorded plat or final site plan shall adversely
affect the right of the subdivider or developer or his
successor in interest to commence and complete an
approved development in accordance with the lawful terms of
the recorded plat or site plan unless the change or
amendment is required to comply with state law or there has
been a mistake, fraud or a change in circumstances
substantially affecting the public health, safety or welfare.
Section 31.1-210. Exceptions.
(a) Pursuant to ~15.2-2242(1) of the Code of Virginia, the
Subdivision Agent may grant an exception from the general
regulations of this chapter in cases of unusual situations or
when strict adherence to the general regulations would result
in substantial injustice or hardship. Such unusual situations
may include, but are not limited to:
(1) Steep topography;
(2) Irregular or narrow parcel shape;
(3) Existing natural features to be avoided or
protected such as watercourses,floodplains, floodways,
forested areas; or
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(4) Irregular eXisting development patterns,
including street patterns, that surround the parcel
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(b) A request for an exception shall be submitted in
writing with the subdivision application or resubmitted
application. The Subdivision Agent shall act on the request
for an exception by either approving the application,
approving the application with conditions, or disapproving
the application. In granting an exception, the Subdivision
Agent shall state in writing the findings made pursuant to
subsection (a) above which justify the exception.
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5. Section 31.1-300, Lavout of lots or parcels, ~31.1 - 301,
General layout of streets and alleys, and ~31.1-302, Off site
improvements, of Article III, Subdivision Layout, of Chapter 31.1,
Subdivisions, of the Code of the City of Roanoke (1979), as amended,
shall provide as follows:
Section 31.1-300. Layout of lots or parcels.
(a) Each building lot resulting from a subdivision shall
conform to minimum and maximum dimensions required by
the applicable zoning district regulations.
(b) In addition to applicable zoning regulations, the lot
size, width, depth, shape and orientation of lots resulting
from a subdivision shall be appropriate for the location, type
of development, and proposed land use. Depth and width of
properties shall be adequate to provide for off-street parking,
loading and service facilities required by the type of use and
development anticipated. Corner lots shall contain additional
width as necessary to accommodate a second half-width
front yard.
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(c) Each lot created shall have a direct usable vehicular
access to the existing public street system either by way of a
public street or an approved private street in a Planned Unit
Development District. However, subdivided unit lots for
townhouses and rowhouses may be created pursuant to
~36.2-431 (d) of the zoning ordinance, provided the lot from
which the unit lots are subdivided has access required by this
subsection. This subsection shall not preclude the
establishment of shared driveways as long as the subdiYider
provides frontage as required by the zoning ordinance.
(d) Each lot created shall have public water and public
sanitary sewer service extended to its property line.
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(e) Side lot lines shall be arranged to create a buildable
area where the minimum and maximum yard requirements of
the applicable zoning district can be met.
(f) Any areas designated for purposes other than building,
such as utilities, parks, public squares, or open space
preservation, shall be clearly marked as such on the plat.
Such areas shall not be considered lots and shall not be
subject to dimensional requirements or street frontage
requirements of the zoning ordinance.
(g) No lot shall be established which is divided by the
corporate limits of the City.
Section 31.1-301. General layout of streets and alleys.
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(a) The street system in a proposed subdivision shall be
designed to extend and improve existing street rights-of-way
adjoining the property to be subdivided. When a new
subdivision adjoins undeveloped land which could be
accessed via the land being subdivided, any new street within
the subdivision determined necessary to serve the
undeveloped land shall be extended to the subdivision
boundaries and terminated with a temporary turnaround with
a T-type or branch-type configuration. The right-of-way of
the street shall not be widened to accommodate such
turnaround. Any additional area needed for such turnaround
shall be accommodated within an easement with provisions
for the easement to be extinguished at the time the street is
extended.
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(b) New streets shall create an interconnected system with
streets internal to the subdivision or to existing streets
adjacent to or abutting the subdivision. The maximum street
length between such connections shall be five hundred (500)
feet. However, the Subdivision Agent may permit a
terminated street, a longer street length, or both, where the
subdivider demonstrates that topography, irregular or
narrow parcel shape, natural features to be avoided or
protected, or irregular street patterns surrounding the parcel,
would require such a street layout to permit reasonable
development of the parcel. Any street terminus shall be
constructed as set forth in the VDOT Subdivision Street
Design Requirements, 2005, as amended, and must employ
one of the following designs:
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(1) Concentric or offset bulb with a landscaped
center;
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(2) T-type turnaround; or
(3) Branch-type turnaround.
Any permanent street terminus shall be separated from
an adjOining property which is not part of the property
being subdivided by a minimum distance of fifty (50)
feet.
(c) Naming of streets shall be proposed by the subdivider
on the subdivision plat according to the following standards:
(1) Where a street is planned as a continuation of an
existing street, such street will bear the same name.
(2) Names of new streets shall be sufficiently
distinguishable from existing street names in the City
or any adjOining jurisdiction.
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(d) The subdivider shall bear the cost of erecting street
name signs and traffic control signs and devices. The City's
Transportation Division shall install signs and devices in
accordance with City standards and bill the subdivider for
actual costs incurred for materials and labor. Such fees shall
be paid before the release of any performance guarantees
required by this chapter.
(e) Alleys may be constructed to provide access to lots.
An alley shall not be dedicated as a public right-of-way unless
the Subdivision Agent determines the proposed alley is an
extension of an existing public alley system. Alleys shall be
clearly labeled on the subdivision plat as public or private.
Where private alleys are created, a public easement for
access shall be provided and dedicated on the subdivision
plat.
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(f) Private streets may be constructed for the purpose of
providing lot frontage where City Council has approved a
development plan in a Planned Unit Development District. All
private streets shall have uninterrupted connection to a
public street. The pavement design of private streets shall
be the same as that for public streets.
Section 31.1-302. Off site improvements.
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(a) Pursuant to ~ 15.2-2243 of the Code of Virginia, where
the construction or improvement of a subdivision
necessitates or requires, at least in part, provision of
reasonable and necessary sewerage, water, and drainage
facilities located outside the property limits of the land
owned or controlled by the subdivider or developer, the
subdivider may pay a pro-rata share of the cost of providing
or improving such facilities, upon mutual agreement of the
subdivider and the City or the Water Authority, as applicable.
However, no such payment shall be required until such time
as the City or the Water Authority has established a general
sewer, water, and drainage improvement program for an area
having related and common sewer, water, and drainage
conditions and the land owned or controlled by the
subdivider or developer is located or the City Council has
committed itself by ordinance to the establishment of such a
program. Such ordinance shall set forth and establish
reasonable standards to determine the proportionate share
of total estimated cost of ultimate sewerage, water, and
drainage facilities required to adequately serve a related and
common area, when and if fully developed in accord with the
adopted Comprehensive Plan, that shall be borne by each
subdivider or developer within the area. Such share shall be
limited to the amount necessary to protect water quality
based upon the pollutant loading caused by the subdivision
or development or to the proportion of such total estimated
cost which the increased sewage flow, water flow, and/or
increased volume and velocity of stormwater runoff to be
actually caused by the subdivision or development bears to
total estimated volume and velocity of such sewage, water,
and/or runoff from such area in its fully developed state. In
calculating the pollutant loading caused by the subdivision or
development or the volume and velocity of stormwater
runoff, City Council shall take into account the effect of all
on-site stormwater facilities or best management practices
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constructed or required to be constructed by the subdivider
or developer and give appropriate credit therefor. The
administration of such funds collected by the City shall be in
accordance with ~15.2-2243(B) and ~15.2-2243(C) of the
Code of Virginia.
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(b) Pursuant to ~15.2-2242(4) of the Code of Virginia, if a
subdivider or developer makes an advance of payments for
or construction of reasonable and necessary street
improvements located outside the property limits of the land
owned or controlled by him, the need for which is
substantially generated and reasonably required by the
construction or improvement of the subdivision, and such'
advance is accepted, City Council may agree to reimburse the
subdivider or developer from such funds as the City Council
may make available for such purpose from time to time for
the cost of such advance together with interest, which shall
be excludable from gross income for federal income tax
purposes, at a rate equal to the rate of interest on bonds
most recently issued by the governing body on the following
terms and conditions:
(1) City Council shall determine or confirm that the
road improvements were substantially generated and
reasonably required by the construction or
improvement of the subdivision and shall determine or
confirm the cost thereof, on the basis of a study or
studies conducted by qualified traffic engineers and
approved and accepted by the subdivider;
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(2) City Council shall prepare, or cause to be
prepared, a report accepted and approved by the
subdivider, indicating the governmental services
required to be furnished to the subdivision or
development and an estimate of the annual cost
thereof for the period during which the reimbursement
is to be made to the subdivider: and
(3) City Council may make annual reimbursements
to the subdivider from funds made available for such
purpose from time to time, including but not limited to
real estate taxes assessed and collected against the
land and improvements on the property included in the
subdivision or development in amounts equal to the
amount by which such real estate taxes exceed the
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annual cost of providing reasonable and necessary
governmental services to such subdivision.
6. Section 31.1-400, Standards for streets, ~31.1-401,
Standards for alleys, ~31.1-402, Utilities, ~31.1-403, Land disturbinq
activities and stormwater manaqement, and ~31.1-404, Easements, of
Article IV, Required Improvements, of Chapter 31.1, Subdivisions, of the
Code of the City of Roanoke (1979), as amended, shall provide as follows:
Section 31.1-400. Standards for streets.
(a) The specific street design standards herein apply to
streets with a projected Average Daily Traffic (ADT) of 4,000
or less. For street design and construction standards not
explicitly set forth herein, and any street with a projected
ADT which exceeds 4,000, the applicable standards of the
VDOT Subdivision Street Design Requirements, 2005, shall
apply.
(b) Whenever a subdivision is classified as a major
subdivision, the subdivider shall provide street improvements
as set forth in Table 400-1 below.
Table 400-1 . Required Street Improvements
Condition/Location Improvements required
. Subdivision which requires creation of a Street paving
new street in the following zoning Curb and gutter
districts: RA, R-12, R-7, R-5, R-3, RM-l, Planted strip
RM-2, RMF, and ROS. Large deciduous street
. Subdivision along an existing street, trees
within the following zoning districts: R- Street lighting
7, R-5, R-3, RM-l, RM-2, and RMF. Sidewalks ---
Street paving
Curb and gutter
Large deciduous street
trees, except the
Subdivision Agent may
Subdivision within the following zoning approve small
districts: CN, CG, CLS, MX, D, 1-1, 1-2, IN, deciduous trees in the
and AD. CN or D district where
the area available is
inadequate for large
trees.
Planted strip or extended
width
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sidewalk I
Street lighting
Sidewalks
Subdivision along existing street in an RA, Street paving
R-l 2, or ROS district. Curb and gutter
Street trees
-
Requirements for asphalt
street paving, curb and
Subdivision on a private street in a MXPUD, gutter, planted strips, street
IPUD, or INPUD district. trees, street lighting, and
sidewalks shall be specified
on a PUD development plan
approved by City Council.
(c) Curb and gutter, planted strips, street trees, and
sidewalks shall be provided on both sides of a new street.
Where lots are being established on only one side of a new
street, and where topographic conditions would preclude
future establishment of lots on the undeveloped side of the
street, sidewalks shall not be required on the side of the
street where no lots are being created. Where a subdivision
takes place only on one side of an existing street, such
improvements shall be required only on the side on which
the subdivision takes place.
(d) Required street improvements shall have minimum
dimensions as set forth in Table 400-2 below.
Table 400-2. Required Street Improvements: Specifications and
Dimensions for Local Streets
- -
Streets with Streets with
projected projected
Type of Improvement ADT less ADT
than 1,500 1,500 to
4,000
Minimum right-of-way width 50 feet 58 feet
Minimum paved way. Parking on both 26 feet 34 feet
sides of the street.
Minimum width of planted strip or
extended-width sidewalk (back of curb to 6 feet 6 feet
edqe of sidew.alk) -
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4 feet in the
R-12 and R-7
Minimum width of sidewalk districts: 5 5 feet
feet in all
other
districts
Minimum effective turning radius 20 feet 20 feet
Curb design VDOT CG-6 VDOT CG-6
Maximum pedestrian crossing distance. I 26 feet 20 feet
Maximum street grade 16% 16%
Maximum grade of intersection approach 5% 5%
I This regulation shall apply only to a newly-created street.
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(e) A reduced-width right-of-way may be permitted where
the sidewalk and planted strip are located on private
properties within a public access easement running parallel
to the right-of-way line, and perpetual maintenance of the
sidewalk and planted strip is provided for by an owners'
association.
(f) Street trees shall be planted along the entire length of
the street being created or improved, exclusive of areas
required to remain clear for the purposes of sight distance.
(1) The minimum number of street trees required
shall be calculated by dividing the block length, minus
twenty feet of sight distance required at each corner
of the block, by forty (40). Any fractional remainder
may be rounded down to a whole number. The
required number of trees may be reduced by the
number of street lights located more than twenty (20)
feet from an intersection.
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(2) Street trees shall be provided in the planted strip
between the sidewalk and curb or within tree grates
located in an extended-width sidewalk as permitted in
Table 400-1. Street trees shall be located with centers
a minimum of three (3) feet from the back of the curb
in a planted strip or in tree grates along an extended-
width sidewalk. A minimum of five (5) feet of
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clearance shall be maintained between street trees and
underground utilities.
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(3) Street trees shall be planted in accordance with
the Standardized Landscape Specifications for the
Commonwealth of Virginia, 2000, jointly adopted by
the Virginia Nurserymen's Association, the Virginia
Society of Landscape Designers, and the Virginia
Chapter of the American Society of Landscape
Architects.
(4) All trees required by this section shall be
selected from the approved tree list in Table 400-3 and
shall meet the specified minimum caliper or height at
the time of planting. The Subdivision Agent may
approve the use of trees not set forth in Table 400-3 to
meet the minimum street tree requirements of this
section, provided the Subdivision Agent determines the
proposed alternative species are consistent with the
intent of this section. The resource for such
determination shall be based on the published
reference text, Manual of Woody Landscape Plants,
fifth edition, 1998, by Michael A. Dirr.
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Table 400-3.
Trees: Approved street trees.
Large Deciduous Trees
Ginkgo biloba
Gleditsia
'Shademaster'
Sophora japonica
Zelkova serrata
(a)
Common Name
_Beech, American
Beech, Co er
Birch, River
, Black Gum/Tu elo
Elm, Lacebark
Ginkgo (Male
Variet Onl )
Honey Locust,
'Shademaster'
Japanese Pagoda
tree
Ja anese Zelkova
(b)
Botanical Name
triacanthos
2" caliper
2" caliper
2" cali er
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. . .
Small Deciduous Trees
(a) (b) (c)
Minimum size
Common name Botanical name at plantina
Cherrv, Cornelian Cornus mas 5' heiqht
Cherry, Kwanzan Prunus serrulata 'Kwanzan' 2" caliper
Floweri nq
Cherrv, Yoshino Prunus veodensis .-
.2" caliper
: Dogwood, Cornus florida 5' height
Flowerina
goqwood, Kousa Cornus kousa 5' heiaht
-
Goldenraintree Koelreuteria paniculata 2" caliper ...-.--
._--._.--..--
Hawthorn, Crataegus phaenopyrum 5' height
Washinaton
Hophornbeam, Ostrya virginiana 2" caliper
American
Hornbeam. Carpinus caroliniana 2" caliper
American ,
MaDle, Amur _._n ..
. _~cer ginnala 2" caliper
MaDle, Hedae Acer campestre 2" caliper
Maple, Japan_ese Acer palmatum 5' heiaht
i Maple, Triqent Acer Acer bueraerianum 2~__caliper
Mvrtle, Crane Lagerstroemia indica 5' heiqht
Redbud, Eastern . Cercis Canadensis 5' height
e.?erviceberrv Amelanchier arborea 5' heiqht
Sourwood Oxydendrum argoreum 5' heiqht
White Frinaetree Chionanthusyi rginicus 5' height _J
u_n_ -
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Linden, American
Linden, Little Leaf
London Planetree
Ma Ie, Red
i Ma Ie, Su ar
, O~k, Chestnut
~ Oak, Northern Red
,-
: Oak, Pin
Oak, White
Oak, Willow
Redwood, Dawn
T I"
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2" caliper
2" cali er
2" caliper
2" caliper
2" cali er
2" cali er
2" cali er
2" ca.~!______ ........
2" ca~_.__
! 2" calipe.~__
2" cali er
2" I"
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(g) The Subdivision Agent, in consultation with the City
Engineer and City Traffic Engineer, will review proposed
street lighting to determine that the overall layout and design
of street lights are adequate for the streets and related
pedestrian ways as to the height of poles, shielding of light
sources, and that placement is coordinated with the location
of street trees and other public improvements. A Certificate
of Appropriateness from the Architectural Review Board shall
be obtained for street lights to be installed in either the
Historic Downtown Overlay District (H-l) or the Historic
Neighborhood Overlay District (H-2).
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(h) The grade of lots and streets shall be coordinated so
that each lot shall have a grade of twenty (20) percent or less
between the driveway location and the buildable portion of
the lot. Driveway entrances shall be constructed according
to the applicable provisions of the zoning ordinance.
Driveway entrances shall be designed to maintain a cross
slope of the sidewalk at two (2) percent or less.
(i) If any subdivision is projected to generate an increase
in traffic of more than 100 vehicles per hour during the peak
traffic hour of any adjacent street or more than 1,000
vehicles per day, a traffic impact study or statement, as
approved by the City's Traffic Engineer, shall be required.
Projected trips shall be generated based upon the
methodology included in the latest version of the Institute of
Transportation Engineers' (ITE) Trip Generation Manual. Prior
to preparation of the traffic impact study or statement, the
City's Traffic Engineer must approve the methodology and
assumptions proposed for the study.
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Section 31.1-401. Standards for allevs.
Alleys, whether public or private, which may be used for solid
waste collection shall be designed according to the following standards.
(a) Alleys shall terminate at an intersection with a public or
private street containing curb and gutter.
(b) A minimum paved width of twelve (12) feet shall be
located within an easement or right-of-way which has a
minimum width of fifteen (15) feet. Alleys shall be paved with
six (6) inches of Portland cement concrete surface on a
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compacted subgrade or with asphalt pavement designed to
meet VDOT Subdivision Street Design Requirements, 2005.
(c) Alleys shall have a minimum cross slope of no less than
two (2) percent from the edge of pavement to the alley
centerline and a longitudinal slope adequate to convey
stormwater to adjacent streets containing curb and gutter.
Alley grades shall not exceed sixteen (16) percent slope.
Section 31.1-402. Utilities.
(a) Where a new street is created and dedicated, all
utilities provided to lots shall be located underground.
(b) All improvements or public utilities located within
public rights-of-way shall, at the time of acceptance, become
the property of the City or the providers of the public
utilities, unless otherwise noted on the subdivision plat.
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(c) Water and sanitary sewer facilities shall be required
and constructed according to the specifications of the Water
Authority.
Section 31.1-403.
manaqement.
Land disturbinq activities and stormwater
(a) A subdivision which requires land disturbing activities
shall be subject to Chapter 11.1, Erosion and Sediment
Control. Stormwater management systems shall be
constructed according to the provisions of Chapter 11.2,
Stormwater Management.
(b) Wherever a subdivision of land pursuant to this chapter
adversely affects the proper use or drainage of streets,
highways, pedestrian ways, slopes or natural watercourses,
or adversely affects the public health, safety or welfare, or
causes an increase in erosion or sediment, the following
improvements may be required by the Subdivision Agent or
City Engineer to be provided and installed by the subdivider:
(1) Erosion and sediment control measures; and
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(2) On-site drainage and drainage structures
necessary for the proper use and drainage of slopes,
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streets, highways and pedestrian ways, or for the
public safety.
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Section 31.1-404. Easements.
Public drainage easements and water and sewer easements shall
have a minimum width of fifteen (15) feet and shall be labeled as such on
the plat. However, the Subdivision Agent may require a greater width
where multiple utilities are to be placed in a single easement.
7. Section 31.1-500, Performance quarantees, and ~31 .1-501,
Release of quarantees, of Article V, Performance quarantees. schedule.
and inspections, of Chapter 31.1, Subdivisions, of the Code of the City of
Roanoke (1979), as amended, shall provide as follows:
Section 31.1-500. Performance quarantees.
If a subdivision requires the installation of public improvements,
such as streets, utilities, stormwater facilities, or erosion and sediment
control measures, any of the documents set forth below may be required.
Where any of the agreements and/or guarantees listed below are
required, the preparer of the subdivision site plan shall submit a schedule
of cost estimates in unit quantities, with totals, for all proposed public I
improvements, erosion and sediment control measures, and stormwater
management measures, as part of the subdivision site plan submittal:
(a) Land subdivider's agreement between the subdivider
and the City, guaranteeing the satisfactory installment of
public improvements and erosion and sediment control
measures at the expense of the subdivider within a
reasonable length of time, not to exceed two (2) years.
Pending the actual installation thereof, the subdivider shall
execute and file with the City Clerk, prior to approval of the
final plan, a land subdivider's agreement to make such
improvements within a designated reasonable length of time,
not to exceed two (2) years, and a performance guarantee
described in subsection (b), below. Such land subdivider's
agreement shall include the following provisions:
(1) The subdivider will satisfactorily complete all
grading within the time specified;
(2) The subdivider will plant, in accordance with
plans and specifications approved by the City Engineer,
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all slopes in excess of 2: 1 and maintain such planting
for a period of not less than one (1) year;
(3) The subdivider will undertake all erosion and
sediment control measures in accordance with plans
approved by the Subdivision Agent;
(4) The subdivider will install all required street and
utility improvements in accordance with plans and
specifications of the Subdivision Agent, the City
Engineer, and the Water Authority; and
(5) The subdivider will indemnify and hold harmless
the City and any officials, agents, or employees
thereof, and the Water Authority, and any officials,
agents, or employees thereof, from any suit, claim or
action for damages or any cost incurred by the City or
the Water Authority as a consequence of failure on the
part of the subdivider to comply with the terms of the
agreement.
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(b) A certified check or cash escrow in the amount of the
estimated costs of construction or a personal, corporate or
property bond, with surety satisfactory to the city attorney
and director of finance, in an amount sufficient for and
conditioned upon the construction of improvements required
by the City and the Water Authority, or a contract for the
construction of such facilities and the contractor's bond, with
like surety, in like amount and so conditioned; or a bank or
savings institution's letter of credit on certain designated
funds satisfactory to the City as to the bank or savings
institution, the amount and the form. The amount of such
certified check, cash escrow, bond, or letter of credit shall
not exceed the total of the estimated cost of construction
based on unit prices for new public or private sector
construction in the City and a reasonable allowance for
estimated administrative costs, inflation, and potential
damage to existing roads or utilities, which shall not exceed
25 percent of the estimated construction costs.
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(c) Maintenance agreement between the subdivider and
the City providing for future maintenance of privately-owned
stormwater management facilities. Such agreement shall
include the following provisions:
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(1) That the . responsibility and obligation of
maintenance of the facilities is declared to be a
perpetual covenant which shall run with the property
and inure to the benefit of, and be binding upon, the
heirs, executors, administrators and assigns of the
parties hereto. The subdivider covenants that it will not
further subdivide the property without the deed or
other instrument of conveyance reciting that a
proportionate share of the responsibilities and
obligations under the maintenance agreement shall run
with each subdivided part of the original property. The
responsibility of the subdivider as defined herein shall
be in addition to any further requirements imposed by
law.
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(2) That maintenance is deemed to include, but is
not limited to, maintaining grass and weeds within any
facility cut in accordance with City regulations, keeping
emergency spillways clean and functional with an
unobstructed outlet from these spillways leading to a
natural watercourse, and removing debris, sediment
and other matter from any facilities in order to reduce
sedimentation. Maintenance shall also include the
periodic removal of ac:cumulated sediment and other
measures deemed necessary by the City for the
protection and safety of the public. In instances where
a working part of the facility includes vegetation, it
shall be maintained so that the vegetation shall remain
uniform and mature enough to survive on its own.
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(3) That in the event that the City determines that
the facilities are not being maintained pursuant to the
provisions of the maintenance agreement, it may give
notice to the owner, by certified mail, of the
maintenance needed for the facilities. If the owner
does not take action to effect the necessary
maintenance within a reasonable period of time after
the giving of such notice, not to exceed forty-five (45)
days after the giving of such notice, the City may cause
such maintenance to be performed as it may deem
necessary, and any charges incurred for such work
shall be deemed a lien against the property, the
enforcement of which shall be as provided by law.
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(4) That the City is in no manner responsible for any
maintenance of the facilities and that the City does not
assume the responsibility or liability for any damages
to property or persons, which may occur as a result of
the installation, usage or maintenance of the facilities.
Section 31.1-501. Release of quarantees.
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(a) Upon written request by the subdivider or developer,
the Subdivision Agent shall be required to make periodic
partial releases of such bond, escrow, letter of credit, or
other performance guarantee in a cumulative amount equal
to no less than ninety (90) percent of the original amount for
which the bond, escrow, letter of credit, or other
performance guarantee was taken, and may make partial
releases to such lower amounts as may be authorized by the
Subdivision Agent based upon the percentage of public
facilities completed and approved by the Subdivision Agent.
Periodic partial releases may not occur before the completion
of at least thirty (30) percent of the public facilities covered
by any bond, escrow, letter of credit, or other performance
guarantee. The Subdivision Agent shall not be required to
execute more than three periodic partial releases in any
twelve-month period. Upon final completion and acceptance
of the public facilities, the Subdivision Agent shall release
any remaining bond, escrow, letter of credit, or other
performance guarantee to the subdivider or developer. For
the purpose of final release, the term "acceptance" means
whenever the public facility is accepted by and taken over for
operation and maintenance by the City or the Water
Authority.
(b) Prior to any full release of guarantees, the following
shall be required:
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(1) Permanent monuments consisting of iron pins
shall be placed at all block corners or at the tangent
points of curves connecting intersecting street lines, at
the points of curvature and tangency, at all corners in
the exterior boundary of the subdivision except at such
corners that are inaccessible due to topography, and at
such other points as may be required by the
Subdivision Agent. The location and character of all
such monuments shall be designated on the
subdivision plat. The applicant shall certify in writing
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that the monuments have been accurately placed
throughout the subdivision as required before the
streets may be accepted for maintenance or the
performance guaranty is released.
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(2) If requested by the Subdivision Agent or Water
Authority, the subdivider shall provide the Subdivision
Agent with a set of as-built plans if any underground
improvement is installed in a location or manner other
than was shown on the approved subdivision site plan.
(3) The subdivider shall provide the Subdivision
Agent with results of the following testing as a
prerequisite to any partial or full release of guarantees
and acceptance. Test results shall be approved by the
Subdivision Agent prior to proceeding with a
subsequent phase of construction.
(A) California Bearing Ratio (CBR) tests
performed during construction by a certified
testing lab for the purposes of determining
pavement design;
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(B) Compaction tests performed during
construction by a certified testing lab to
measure compaction of subgrade, base material,
and asphalt courses.
(C) Thickness tests of asphalt layers
performed during construction by a certified
testing lab to measure the thickness of
pavement lifts.
(D) The frequency or number of tests and
specific compaction requirements shall conform
to VDOT Subdivision Street Design
Requirements, 2005, and the locations of such
tests shall be indicated.
8. Section 31.1-600, Subdivision aqent, ~31 .1-601,
Amendment of chaPter, ~ 31.1-602, Penalty for violation, ~31.1-603,
Approval entities, and ~31 .1-604, Review fees, of Article VI,
Administration, of Chapter 31.1, Subdivisions, of the Code of the City of I
Roanoke (1979), as amended, shall provide as follows:
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Section 31.1-600. Subdivision aqent.
This chapter shall be administered and enforced by a Subdivision
Agent elected by the City Planning Commission from the staff of the
Department of Planning Building and Economic Development.
Section 31.1-601. Amendment of chaPter.
The City Planning Commission on its own initiative may, or at the
request of the City Council, shall prepare and recommend amendments
to the subdivision ordinance. The City Council shall approve and adopt
an amendment to the subdivision ordinance only after notice has been
published, and a public hearing held, in accordance with ~ 15.2-2204,
Code of Virginia; provided that no amendment shall be adopted by City
Council without referring the proposed amendment to the City Planning
Commission for recommendation, nor until sixty (60) days after such
reference, if no recommendation is made by the commission. When a
subdivision ordinance has been amended, a certified copy of the
amendment thereto shall be filed in the City Clerk's office, and in the
office of the Clerk of Circuit Court.
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Section 31.1-602. Penalty for violation.
Any person violating the provisions of this chapter shall be subject
to a fine of not more than five hundred dollars ($500.00) for each lot or
parcel of land subdivided, transferred or sold, and shall be required to
comply with all provisions of this chapter. The description of the lot or
parcel by metes and bounds in the instrument of transfer or other
document used in the process of selling or transferring shall not exempt
the transaction from the penalties or remedies herein provided.
Section 31.1-603. Approval entities.
The officials, agents and employees of the City as set forth in
Column (B) of Table 603-1, shall be designated as the officials with
authority to render a determination as to the approval, approval with
conditions, or denial of the actions requested in Column (A).
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- .._-
Table 603-1. Approval entities.
(A) (B)
Action Requested Approver(s)
Subdivision site plan, preliminary Subdivision Agent, Development
, or final Review Engineer, and Zoning
Administrator
-. ..---
Subdivision plat, preliminary or Subdivision Agent
final, where no right-of-way is
created and no work within a right-
of-way is required
- om
Subdivision plat, preliminary or Subdivision Agent and City
final, where a right-of-way is Engineer
created or work is required in a
right-of-way
Exception Subdivision Agent
Vacation of plat Subdivision Agent
Section 31.1-603. Review fees.
(a) Fees for a minor subdivision plat or vacation of a plat
shall be fifty dollars ($ 50.00).
(b) Fees for a major subdivision plat, whether preliminary
or final, shall be two hundred twenty dollars ($220.00) plus
fifty dollars ($50.00) per lot.
(c) Fees for review of a subdivision site plan, whether for a
preliminary or final subdivision, shall be five hundred dollars
($500.00) plus seventy five dollars ($75) per acre or portion
thereof.
9. Appendix A, Definitions, of Chapter 31.1, Subdivisions, of
the Code of the City of Roanoke (1979), as amended, shall provide as
follows:
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Appendix A. Definitions.
For the purposes of this chapter, the following words and terms shall
have the meanings ascribed to them in this appendix.
Alley: A paved way providing a secondary means of vehicular access to
abutting property and not intended for general circulation of motor
vehicles.
City: The City of Roanoke, Virginia.
City Code: The Code of the City of Roanoke (1979), as amended.
City Engineer: The City Engineer of the City of Roanoke, Virginia.
Code of Virginia: The Code of Virginia (1950), as amended.
Cross slope: Measurement of grade taken along a line perpendicular to
the longitudinal axis of the street or sidewalk.
I
Effective turning radius: The turning radius provided at the intersection
of the travel lanes of two streets.
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l.r : ~
., : ~
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~Jr~ os _~I1~
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~/
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'...."I,~~
,''if',lr..
Grade or slope: Terms used interchangeably to express the vertical
change of the ground surface along a given section. Grade is expressed
as a percentage calculated as a vertical distance divided by a horizontal
distance, multiplied by 100. Slope is expressed as a ratio of a vertical
distance to a horizontal distance.
I
Intersection approach: The distance which extends along a street eighty-
five (85) feet from a point where the centerlines of two rights-of-way
intersect.
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Lot: A clearly defined parcel of land identified on a plat fronting on a
public street or an approved private street within a Planned Unit
Development District, and having sufficient area and dimensions to meet
minimum zoning district requirements for area, frontage, use, and
coverage, and to provide such yards and other open space as required by
the respective zoning district regulations. A lot may consist of
combinations of contiguous lots of record or portions of lots so recorded,
provided that in no case of subdivision or combination shall any residual
lot, portion of lot, or parcel be created which does not meet the
requirements of this chapter. Lots include the following specific types:
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(a) Corner lot: A lot located at the intersection of two (2)
or more streets.
(b) Interior lot: A lot with only one (1) frontage on a street.
(c) Through lot: A lot which has frontages on two (2)
nonintersecting streets.
Lot frontage: The property line dividing a lot from a dedicated or
proposed public street or a dedicated or proposed private street in an
approved Planned Unit Development District. No such property line shall
be considered lot frontage where it abuts a right-of-way with no means of
vehicular access, such as where a lot abuts the right-of-way of a railroad
or limited access highway, or where topography would preclude access
either directly or via a shared driveway on an adjoining lot.
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Lot, Unit: A portion of a lot upon which is occupied or proposed to be
occupied by a townhouse or rowhouse unit, and which is subdivided from
a lot which, for the purposes of determining compliance with zoning
requirements, contains required street frontage and lot area required by
the applicable zoning district.
Official appraisal map: A series of maps used for tax assessment by the
Office of Real Estate Valuation which show properties throughout the
City.
Owner: Any individual, firm, association, syndicate, partnership,
corporation, trust or any other legal entity having sufficient proprietary
interest in the land sought to be subdivided to commence and maintain
proceedings to subdivide the same under this chapter.
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Parcel: A general term including all plots of land shown with separate
identification on the official appraisal maps. Parcels mayor may not be
lots, depending upon whether or not such parcels were created in
conformance with this chapter.
Paved way: The area between the vertical curb faces of a street,
including gutters. Wherever curbs are not installed, the area between the
edges of the paved section.
City Planning Commission: The City Planning Commission of the City of
Roanoke, Virginia.
Planted strip: The area between the back of the curb and the sidewalk
planted with a vegetative ground cover and street trees.
Public utility: Electricity, gas, stormwater drains, water, sanitary sewer
collection and treatment, steam, cable television, or telephone.
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Public utility provider: Any person, firm, corporation, municipal agency,
or authority duly authorized to furnish to the public, under regulation, a
public utility.
Right-of-way, public: A legally established area or strip of land over
which an irrevocable public right of passage is granted to the City or the
Commonwealth of Virginia. Such land may be occupied by a public
street, utility service, or other public use, with such right of passage
being available to the general public.
Right-or-way, private: A legally established area or strip of land over
which an irrevocable right of passage is granted to any person or entity
holding interest in such land. Such land may be occupied by a private
street, utility service, or other use for the general benefit of the owners
. holding interest in the land.
Street: Any public way for vehicular and pedestrian traffic which provides
the primary means of access to lots.
Street intersection: The location where two or more streets cross at
grade without a bridge.
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Street tree: An approved tree species located within a required planted
strip.
228
Structure: Anything which is constructed or erected with a fixed location
on the ground, or attached to something having a fixed location on the
ground, including buildings, walls, fences, signs, manufactured homes,
and swimming pools (in-ground and above-ground).
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Subdivider: An individual, firm, association, syndicate, partnership,
corporation, trust or any other legal entity commencing or required by
law to commence proceedings under this chapter to effect a subdivision
of land hereunder for itself or for another.
Subdivision: The division of a lot, tract or parcel of land into two or more
lots, the vacation of an existing lot line to combine two or more lots, or
the relocation of an existing lot line. The transfer of ownership to the
Commonwealth of Virginia or a political subdivision thereof and the
division of lands by court order or decree shall not be deemed a
subdivision as otherwise herein defined.
Subdivision plat, final: A drawing submitted to the Subdivision Agent for
final approval and recordation in the office of the Clerk of Circuit Court,
which creates a legal subdivision of land.
Subdivision site plan, final: Documents, maps, plans and other material
as required by this chapter showing all final details of a proposed
subdivision, the approval of which is a prerequisite of approval of a final
subdivision plat in the case of a major subdivision.
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Subdivision plat, preliminary: A drawing submitted to the Subdivision
Agent for approval but which is not intended for recordation in the office
of the Clerk of Circuit Court.
Subdivision site plan, preliminary: Documents, maps, plans and other
material as required by this chapter showing details of a proposed
subdivision, the approval of which is a prerequisite of approval of a
preliminary subdivision plat.
Temporary turnaround: An area of expanded paved way located at the
terminus of a street where future extension of the street is possible to
provide an area to allow vehicles to maneuver for the purpose of
reversing direction of travel.
VDOT: The Virginia Department of Transportation.
VDOT CG-6: A VDOT standard curb design specified in the Subdivision
Street Requirements, 2005.
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Water Authority: The Western Virginia Water Authority.
10. Appendix B, Submittal requirements, of Chapter 31.1,
Subdivision, of the Code of the City of Roanoke (1979), as amended, shall
provide as follows:
B-1. Requirements for preliminarv subdivision plats.
(a) Standards for preliminary subdivision plats
(1) The preliminary subdivision plat shall meet the
minimum standards of the Library of Virginia
Standards for Plats, 1 7VACl 5-60-10, et. seq., as
adopted pursuant to ~42 .1-82 of the Virginia
Public Records Act ( ~42.1-76, et seq.).
(2) The preliminary subdivision plat shall be
prepared by a professional engineer or land
surveyor authorized to practice in the
Commonwealth of Virginia.
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(3) The corners of any new lots created as a result of
the subdivision plat shall be established by field
survey. The corners of the parent parcel may be
established by field surveyor from existing
records of survey.
(4) The preliminary subdivision plat shall be drawn
in ink, on reproducible film, using engineering
scales. Plats shall be eighteen (18) inches by
twenty-four (24) inches, with a one-half (1/2)
inch margin.
(b) Content of preliminary subdivision plats
The following is a list of information required, at a minimum, to be
shown on the preliminary subdivision plat.
(1) The surveyor's official seal, signature, and date;
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(2) Acknowledgement by the surveyor that the
boundary survey as shown is based on a current
field survey. If any portion of the subdivision or
its boundaries as shown on the plat is based on
230
information taken from eXisting records, that
fact must be acknowledged in this statement;
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(3) Standard Flood Statement:
"This property lies (does not lie) within the limits
of a 1 DO-year or other restrictive flood
boundaries as designated by current Federal
Emergency Management Agency (FEMA) Map No.
_______, dated _________. "
(4) Title block:
(A) Subdivision name or property owner's
name.
(B) Land being subdivided with reference to
original subdivision, if applicable.
(C) New tracts or lots and acreages being
created.
(D)
Location of property.
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(5) Notes:
(A) Monuments and/or iron pins set or found.
(B) Proposed lot boundary changes.
(C) Other notes pertinent to the specific needs
of the plat as determined by the surveyor
or engineer.
(6) All distances specified on the plat shall be
measured along a horizontal plane.
(7) All curves and segments thereof shall be shown
as circular arcs and described by giving the
central angle, radius, tangent, length of arc,
chord bearing and distance. Curve data shall be
shown in column schedule on plat or, on plats
with no more than three (3) curve segments,
curve data may be shown at or near curve
segments in lieu of column schedule.
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(8) A small scale vicinity map showing the location
of the subdivision in relation to the surrounding
street system and area should be shown on the
plat for location purposes. Vicinity map should
be drawn at a scale of 1" = 800', or other
comparable scale.
(9) Approximated floodway and floodplain limits
shall be located and tied to property lines as
shown on plat, if any portion of the property is
situated within either.
(10) Names of current owners of all abutting
properties, with proper legal references for the
properties (Deed Book ____, page____).
(11) Property corners shown and numbered in
sequential order.
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(12) Bearings and distances for eXisting and
proposed new property lines, with accuracy on
bearings to 10 seconds and distances to 0.01
feet.
(13) All proposed new property lines labeled "new
line," with the exception of tracts being
subdivided into more than five (5) lots, or
multiple lots or tracts being resubdivided into
more than five (5) new lots or tracts.
(14) All known easements defined by bearings and
distances or boundary ties sufficient to establish
location in the field. Label easements as public
or private.
(15) New lot or parcel designations and new lot areas
shown in acres to four decimal places or, if less
than one acre, in square feet.
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(16) Existing lot or parcel designations, all lot
boundaries being vacated or changed, existing
lot areas, and official tax appraisal numbers
should be shown in a different format from
existing proposed information with line arrow
extending to existing boundaries.
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(17) Existing structures shown and accurately
positioned on the plat in accordance with the
actual location of such structures within the
boundary survey.
(18) Proposed street name designations with
directional quadrant suffix (SW, SE, NW, NE).
(19) Existing street names with directional quadrant
suffixes of all streets (public or private) abutting
the property to be subdivided.
(20) Meridian reference, with north arrow (true north,
grid north, magnetic north, etc.) with source of
meridian given (Map book and page or deed
book and page).
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(21) Railroads or watercourses, streams, etc.,
adjacent to or running through the property
shown, or other unique features which are
informative as to the location of the boundary
survey, should be shown on the plat.
(22) Right-of-way widths.
(23) The subdivision plat shall not contain
information concerning zoning requirements or
building lines.
B-2. Requirements for preliminary subdivision plans.
(a) Requirements
(1)
Where a preliminary subdivision site plan is
required with a preliminary subdivision plat as
part of a preliminary subdivision application, the
plan shall be prepared and submitted in
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accordance with the requirements of this chapter
and all other applicable ordinances of the City
Code, including, but not limited to chapter 11.1,
Erosion and sediment control, chapter 11.2,
Stormwater management, and chapter 36.2,
Zoning.
(2)
A preliminary subdivision site plan and
associated calculations shall be prepared by a
professional engineer or land surveyor
authorized to practice in the Commonwealth of
Virginia.
(b) Information required
A preliminary subdivision site plan shall be prepared on the separate
component sheets as listed below. However, anyone or more of the
sheets may be combined, provided legibility and clarity can be
maintained.
(1) Index
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(A) Official appraisal map numbers of the
parcels to be subdivided.
(B) Total acreage of the properties.
(C) Total acreage to be disturbed (cleared,
graded, excavated, filled, etc.).
(D) Name, address and telephone number of
the following: land owner or developer;
developer, contractor or other (as
appropriate to the need).
(E) Vicinity map showing the location of the
site in relation to surrounding features
such as streets, major thoroughfares, etc.
(2) Dimensional Layout Plan
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The dimensional layout plan sheet should show the development
project as it would look upon completion of all construction
activities. The plan sheet should include the following:
234
(A)
Existing and proposed structures.
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(B)
Existing and proposed paved
including parking lots, parking
driveways, and related curbing.
areas,
areas,
(c) Zoning information
(1) Current zoning classification of the
property proposed for development.
The zoning classification shall
include a listing of any conditions to
which the property is subject, by
reason of a zoning amendment or by
order of the board of zoning
appeals, including the ordinance
number and case number, with
effective dates.
(2)
Minimum and maximum yard
requirements required by the zoning
district.
(3)
Proposed use of the property and
buildings.
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(4) Off-street parking and loading
required and provided. Typical
spatial requirements for parking
space width, length and angle of
parking spaces, the depth of parking
lot maneuvering aisles and the width
of all driveway entrances and exits.
(5) Areas for required landscaping and
screening, if applicable.
(3) Grading plan
(A) Existing and proposed contours at two
foot (2') intervals
(B)
Prominent features such as streams,
ponds, rock outcroppings, springs, etc.
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(C) Outline of all buildings, streets and related
features should also be present on this
plan. sheet.
(4) Stormwater management plan
(A) Outlines of all buildings, streets and
related features
(B) All proposed storm drains and stormwater
management devices, such as pipes,
retention ponds, pits, rip-rap, etc.
(5) Utilities plan
(A) The outline of all buildings, streets and
related features.
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(B) Plans showing the location, design, and
size of all existing and proposed utilities
and related easements.
(6)
Street plan
(A) Plans showing the location, design, size,
and centerline grade of all proposed
streets.
(B) Cross sections of the street taken at each
fifty foot (50') station and at street
intersections or other points required to
establish the grade of the street shall be
provided if requested by the Subdivision
Agent.
(d) Traffic Study
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If any development activity is projected to generate an
increase in traffic of more than 100 vehicles per hour during the
peak traffic hour of any adjacent street or more than 1,000 vehicles
per day, a traffic impact study or statement, as approved by the
City's Traffic Engineer, shall be required. Projected trips shall be
generated based upon the methodology included in the latest
version of the Institute of Transportation Engineers' (lTE) Trip
236
Generation Manual. Prior to preparation of the traffic impact study
or statement, the City's Traffic Engineer must approve the
methodology and assumptions proposed for the study.
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B-3. Requirements for final subdivision plats.
(a) Standards.
(1) The final subdivision plat shall meet the
minimum standards of the Library of Virginia
Standards for Plats, 17VACl 5-60-10, et seq.,
pursuant to ~42.1-82, Virginia Public Records
Act (~42.1-76, et seq.)
(2) The final subdivision plat shall be prepared by a
professional engineer or land surveyor
authorized to practice in the Commonwealth of
Virginia.
(3) The corners of any new lots created as a result of
a subdivision plat shall be established by field
survey. The corners of the parent parcel may be
established by a field surveyor from existing
records of survey.
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(4) The final subdivision plat shall be drawn in ink,
on reproducible film, using engineering scales.
Plats shall be eighteen (18) inches by twenty-four
(24) inches, with a one-half (1/2) inch margin.
(b) Contents.
The following is a list of information required, at a minimum,
to be shown on a final subdivision plat.
(1) Owner statements.
(A) The following statement of ownership:
"Know all men by these presents to wit:
That
is the fee simple owner of the land shown
hereon bounded by corners ________ to
_______ to _______, inclusive, and is all of
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237
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the land conveyed to said owner by deed
recorded in the Clerk's Office of the Circuit
Court of the City of Roanoke, Virginia, in
deed book _______, page _______. "
Such statement shall be certified by the
signature of the preparer of the plat.
(B) If the plat proposes to dedicate land for
public streets and other purposes, add the
following dedication statement:
"The above described owner by virtue of
the recordation of this plat dedicates to
the City of Roanoke in fee simple title, the
land shown hereon as set apart for public
streets. "
(C)
If easements are to be granted to the City
for public use, add the following
dedication statement:
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"The above described owner by virtue of
the recordation of this plat does hereby
grant to the City of Roanoke those certain
areas shown on the plat as set apart for
use as public easements."
(D)
If easements are to be
Water Authority, add
dedication statement:
granted to the
the following
"The above described owner by virtue of
the 'recordation of this plat does hereby
grant to the Western Virginia Water
Authority those certain areas shown on the
plat as set apart for water and/or sewer
easements. "
(E) Any subdivision which involves the
creation of a private street shall include
the following statements on the plat:
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"Grantors of any lots in this subdivision
shall include the following statement in
each deed of conveyance: The streets in
this subdivision are intended to be under
private ownership and will not be
maintained by the City of Roanoke. By
recordation of this plat the subdivider
grants to the City of Roanoke rights of
access, in perpetuity, over the private
streets shown on this plat to accomplish
any public service for which the City is
responsible. "
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(F) Add the folloWing statement to conclude
the owner statements:
''The platting or dedication of the following
described land (here insert a correct
description of the land subdivided) is with
the free consent and in accordance with
the desire of the undersigned owners,
proprietors, and trustees, if any. "
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(G) The signatures of owners, trustees, or
beneficiaries shall be shown below the
owner statements. Each such signature
shall be notarized in a standard format.
(2) Signature blocks with date lines shall be
provided for the Subdivision Agent. A signature
block for the City Engineer is required where the
subdivision involves the dedication of a public
right-of-way or public improvements in a right-
of-way.
(3) Attestation statement for use by the Clerk of
Circuit Court for recording purposes with proper
signature line.
(4) The surveyor's official seal, signature, and date.
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239
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(5) Acknowledgement by the surveyor that the
boundary survey as shown is based on a current
.field survey. If any portion of the subdivision or
its boundaries as shown on the plat is based on
information taken from existing records, that
fact must be acknowledged in this statement.
(6) Standard flood statement;
''This property lies (does not lie) within the limits
of a 1 DO-year or other restrictive flood
boundaries as designated by current Federal
Emergency Management Agency (FEMA) Map No.
_______, dated _________" "
(7) Title block:
(A) Subdivision
name.
,
name or property owner s
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(B) Land being subdivided with reference to
original subdivision, if applicable.
(C) New tracts or lots and acreages being
created.
(D) Location of property.
(8) Notes:
(A) Monuments and/or iron pins set or found.
(B) Proposed lot boundary changes.
(C) Other notes pertinent to the specific needs of the
plat as determined by the surveyor or engineer.
(9) All distances specified on the plat shall be
measured along a horizontal plane.
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240
(10)
All curves and segments thereof shall be shown
as circular arcs and described by giving the
central angle, radius, tangent, length of arc,
chord bearing and distance. Curve data should
be shown in column schedule on plat. On plats
with no more than three (3) curve segments,
curve data can be shown at or near curve
segments in lieu of column schedule.
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(11) A small scale vicinity map showing the location
of the subdivision in relation to the surrounding
street system and area should be shown on the
plat for location purposes. Vicinity map should
be drawn at a scale of 1" = 800', or other
comparable scale.
(12) "Map Book ____, page _____" shown just above
upper right-hand border for recording purposes.
(13)
Approximated floodway and floodplain limits
shall be located and tied to property lines as
shown on plat if any portion of the property is
situated within either.
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(14) Names of current owners of all abutting
properties, with proper legal references for the
properties (Deed Book ____, page____) must be
shown on the plat.
(15) Property corners shown and numbered in
sequential order.
(16) Bearings and distances for all existing and
proposed new property lines. Accuracy on
bearings to ten (10) seconds and distances to
the hundredth (0.01) feet.
(17)
All proposed new property lines labeled "new
line," with the exception of tracts being
subdivided into more than five (5) lots, or
multiple lots or tracts being resubdivided into
more than five (5) new lots.
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(18)
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All known easements defined by bearings and
distances or boundary ties sufficient to establish
location in the field. Label easements as public
or private.
(19) New lot or parcel designations and new lot areas
shown in acres to four decimal places or, if less
than one acre, in square feet.
(20) Existing lot and parcel designations, all lot
boundaries being vacated or changed, existing
lot areas, and official tax appraisal numbers
should be shown in a different format from
existing proposed information with line arrow
extending to existing boundaries.
(21) Existing structures shown and accurately
positioned on the plat in accordance with the
actual location of such structures within the
boundary survey.
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(22)
(23)
Proposed street name designations with
directional quadrant suffix (SW, SE, NW, NE).
Existing street names with directional quadrant
suffixes of all streets (public or private) abutting
the property to be subdivided.
(24) Meridian reference, with north arrow (true north,
grid north, magnetic north, etc.) with source of
meridian given (Map book and page or deed
book and page).
(25) Railroads or watercourses. streams, etc..
adjacent to or running through the property
shown, or other unique features which are
informative as to the location of the boundary
survey, should be shown on the plat.
(26) Right-of-way widths.
(27)
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The subdivision plat shall not contain any
information concerning zoning requirements or
requirements of the Virginia Uniform Statewide
Building Code.
242
(a) Requirements.
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B-4. Requirements for final subdivision site plan.
(1) Where a final subdivision site plan is a required
part of a subdivision application, the plan shall
be prepared and submitted in accordance with
the requirements of this chapter, and all other
applicable ordinances of the City Code, including
but not limited to chapter 11.1, Erosion and
sediment control, chapter 11.2, Stormwater
management, and chapter 36.2, Zoning.
(2) A final subdivision site plan and associated
calculations shall be prepared by a professional
engineer or land surveyor authorized to practice
in the Commonwealth of Virginia.
(b) Contents.
A subdivision site plan shall be prepared on the separate
component sheets as listed below. However, anyone or more
of the sheets may be combined, provided legibility and clarity
can be maintained.
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(1) Index
(A) Official appraisal map numbers of the
parcels to be subdivided.
(B) Total area of the properties.
(0 Total area to be disturbed (cleared,
graded, excavated, filled, etc.).
(D) Name, address and telephone number of
the subdivider and contractor.
(E) Erosion and sediment control narrative as
required pursuant to chapter 11.1-6 of the
City Code.
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(F)
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Vicinity map showing the location of the
site in relation to surrounding features
such as streets, major thoroughfares, etc.
(2) Dimensional layout plan
The dimensional layout plan sheet should show
the subdivision as it would look upon completion
of all construction activities. The plan sheet
should include the following:
(A) Existing and proposed structures,
including paved areas, including parking
lots, parking areas, driveways, and related
curbing.
(B) Zoning information
(1)
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Current zoning classification of the
property proposed for development.
The zoning classification shall
include a listing of any conditions to
which the property is subject by
reason of a zoning amendment or
order of the board of zoning
appeals, including the ordinance
number and case number with
effective dates.
(2) Minimum and maximum yard
requirements required by the zoning
district.
(3) Proposed use of the property and
buildings.
(4)
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Off-street parking and loading
required and provided. Typical
spatial requirements for parking
space width, length and angle of
parking spaces, the depth of parking
lot maneuvering aisles and the width
of all driveway entrances and exits.
244
(5) Areas for required landscaping and
screening, if applicable.
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(3)
Erosion and sediment control plan (grading plan)
(A) Existing and proposed contours at two
foot (2') intervals.
(B) Prominent features such as streams,
ponds, rock outcroppings, springs, etc.
(C) Outline of all buildings, streets and related
features should also be present on this
sheet.
(D) All erosion and sediment control practices
to be used during construction.
(4) Stormwater management plan
(A) Outlines of all buildings, streets and
related features.
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(B)
All proposed storm drains and stormwater
management devices (pipes, retention
ponds, pits, rip-rap, etc.).
(C) Calculations for stormwater runoff based
on runoff to be anticipated from a ten (10)
year frequency storm or greater if
conditions require (see chapter 11.2,
Stormwater management, and the City of
Roanoke Drainage Standards, as prepared
by the Office of the City Engineer).
(5) Utilities plan
(A) The outline of all buildings, streets and
related features.
(B)
Plans and profiles showing the location,
design, size, depth, and grade of all
existing and proposed utilities and related
easements.
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(6) Street plan
(A) Plans and profiles showing the location,
design, size, and centerline grade of all
proposed streets.
(B) Cross sections of the street taken at each
fifty foot (50') station and at street
intersections or other points required to
establish the grade of the street shall be
provided if requested by the Subdivision
Agent.
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(C) Where any new curb cut or new street
entrance is proposed, the location of all
entrances and streets within four hundred
(400) feet of the proposed subdivision.
This sketch may be separate from the site
plan itself and may be shown at a smaller
scale. In the area immediately adjacent to
the subdivision the plan shall also include
the street pavement width, the existence
of curb and gutter or ditches, and the
existence of any medians.
(c) Traffic study pursuant to ~31.1-400(i).
(d) Cost estimates for installation of improvements
pursuant to ~31.1-500 of this chapter.
11. The Acting City Clerk is requested to have filed, and
retain, a certified copy of this ordinance in the Office of the City
Clerk, and to file a certified copy of the ordinance in the Clerk's
Office of the Circuit Court for the City of Roanoke.
12. This ordinance shall become effective on February 21 ,
2007.
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13. Pursuant to the provisions of Section 12 of the City Charter, I
the second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
/wi ~ /?j. fi) 60YJ
Stephanie M. Moon
City Clerk
(. ~~~n~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of February, 2007.
No. 37693-022007.
AN ORDINANCE permanently vacating, discontinuing and closing
portions of 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.
I
WHEREAS, the City of Roanoke 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
portions of 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 February 20, 2007, after due and timely notice thereof as
required by ~30-14, Code of the City of Roanoke (1979), as amended, at
which hearing all parties in interest and citizens were afforded an
opportunity to be heard on such application;
WHEREAS, it appearing from the foregoing that the land proprietors
affected by the requested closing of the subject public rights-of-way have
been properly notified; and
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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:
That certain portion of Madison Avenue, N.E., said right-of-way
currently being used as an access to the Roanoke Civic Center
parking lot; and a portion of Courtland Avenue, N.E., located at the
corner of Orange Avenue, N.W., and Williamson Road, N. E., said
portion of Courtland Avenue currently being used as a parking lot
for the Roanoke Civic Center.
I
be, and are hereby permanently vacated, discontinued and closed, and
that all right and interest of the public in and to the same be, and hereby
is, released insofar as City Council is empowered so to do with respect to
the closed rights-of-way, reserving however, to the City of Roanoke and
any utility company or public authority, including, specifically, without
limitation, providers to or for the public of cable television, electricity,
natural gas or telephone service, an easement for sanitary sewer and
water mains, television cable, electric wires, gas lines, telephone lines,
and related facilities that may now be located in or across such public
rights-of-way, together with the right of ingress and egress for the
maintenance or replacement of such lines, mains or utilities, such right to
include the right to remove, without the payment of compensation or
damages of any kind to the owner, any landscaping, fences, shrubbery,
structure or any other encroachments on or over the easement which
impede access for maintenance or replacement purposes at the time such
work is undertaken; such easement or easements to terminate upon the
later abandonment of use or permanent removal from the above-
described public rights-of-way of any such municipal installation or other
utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall plant 10 street
trees on the section of Courtland Avenue to be vacated.
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BE IT FURTHER ORDAINED that the applicant shall submit to the
Subdivision Agent, receive all required approvals of, and record with the
Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with
such plat combining all properties which would otherwise dispose of the
land within the rights-of-way to be vacated in a manner consistent with
law, and retaining appropriate easements, together with the right of
ingress and egress over the same, for the installation and maintenance of
any and all existing utilities that may be located within the rights-of-way.
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BE IT FURTHER ORDAINED that the applicant shall, upon meeting all
other conditions to the granting of the application, deliver to the Clerk of
the Circuit Court of the City of Roanoke, Virginia, a certified copy of this
ordinance for recordation where deeds are recorded in such Clerk's
Office, indexing the same in the name of the City of Roanoke, Virginia, as
Grantor, and in the name of the applicant, and the names of any other
parties in interest who may so request, as Grantees, and pay such fees
and charges as are required by the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified
copy of this ordinance being recorded by the Clerk of the Circuit Court of
the City of Roanoke, Virginia, where deeds are recorded in such Clerk's
Office, file with the City Engineer for the City of Roanoke, Virginia, the I
Clerk's receipt, demonstrating that such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not
been met within a period of twelve (12) months from the date of the
adoption of this ordinance, then such ordinance shall be null and void
with no further action by City Council being necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of ~ 12 of
the City Charter, the second reading of this ordinance by title is hereby
dispensed with.
APPROVED
ATTEST:
#-J~OIJ, hJlJ~
Stephanie M. Moon .
City Clerk
~v~~
C. Nelson Harris
Mayor
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249
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'" day of February, 2007.
No. 37694-022007.
AN ORDINANCE permanently vacating, discontinuing, and closing a
portion of a certain public right-of-way in the City of Roanoke, as more
particularly described hereinafter; and dispensing with the second
reading by title of this ordinance.
WHEREAS, the City of Roanoke 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 a
portion of a certain public right-of-way described hereinafter;
WHEREAS, the City Planning Commission, after giving proper notice
to all concerned as required by ~30-14, Code of the City of Roanoke
(1979), as amended, and after having conducted a public hearing on the
matter, has made its recommendation to Council;
I
WHEREAS, a public hearing was held on such application by City
Council on February 20, 2007, 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 portion of a certain
public right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the certain public right-of-way situates in the City of
Roanoke, Virginia, and more particularly described as follows:
I
A portion of an alleyway running parallel with Salem Avenue,
S. W., and adjacent to the southern boundary of parcels
bearing Official Tax Nos. 1010809, 1010810 and 1010811.
250
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 Western
Virginia Water Authority an easement for two (2) sanitary sewer lines, and
related facilities, that may now be located in or across such public right-
of-way, such easement to terminate upon the later abandonment of use
or permanent removal from the above-described easement of any such
lines or facility by the Western Virginia Water Authority, with the Western
Virginia Water Authority having the right to review and approve plans
relating to the maintenance and replacement of any sanitary sewer lines
located within such easement.
I
BE IT FURTHER ORDAINED that the applicant shall submit to the
Subdivision Agent, receive all required approvals of, and record with the
Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with
such plat combining all properties which would otherwise dispose of the
land within the right-of-way to be vacated in a manner consistent with
law, and retaining an appropriate easement for the installation and
maintenance of any and all existing sanitary sewer lines that may be
located within the right-of-way. The plat shall dedicate two (2) separate
portions of right-of-way to the City of Roanoke for purposes of public
ingress and egress as illustrated on the plat prepared by Lumsden
Associates, P.c., dated January 15, 2007.
I
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all
other conditions to the granting of the application, deliver to the Clerk of
the Circuit Court of the City of Roanoke, Virginia, a certified copy of this
ordinance for recordation where deeds are recorded in such Clerk's
Office, indexing the same in the name of the City of Roanoke, Virginia, as
Grantor, and in the name of the applicant, and the names of any other
parties in interest who may so request, as Grantees, and pay such fees
and charges as are required by the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified
copy of this ordinance being recorded by the Clerk of the Circuit Court of
the City of Roanoke, 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.
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251
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:
c..u~
10. h]o~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'h day of February, 2007.
No. 37695-022007.
AN ORDINANCE authorizing the alteration and closing by barricade
of certain public rights-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second
reading by title of this ordinance.
WHEREAS, the City of Roanoke filed an application to the Council of
the City of Roanoke, Virginia, in accordance with law, requesting the
Council to alter and close by barricade the public rights-of-way described
hereinafter;
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by ~30-14, Code of the City of
Roanoke (1979), as amended, and after having conducted a public
hearing on the matter, has made its recommendation to Council;
WHEREAS, a public hearing was held on such application by the City
Council on February 20, 2007, after due and timely notice thereof as
required by ~30-14, Code of the City of Roanoke (1979), as amended, at
which hearing all parties in interest and citizens were afforded an
opportunity to be heard on such application;
WHEREAS, it appearing from the foregoing that the land proprietors
affected by the requested closure by barricade of the subject public
rights-of-way have been properly notified; and
252
WHEREAS, from all of the foregoing, the Council considers that no
substantial inconvenience will result to any individual or to the public
from altering and closing by barricade such public rights-of-way, and that
such alteration will promote the safety and welfare of those using the
subject public rights-of-way in the vicinity of the right-of-way to be
closed.
I
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:
(1) an approximately 1,800 foot long portion of Piedmont Street,
S. E., extending in a northeasterly direction from its
intersection with Hamilton Terrace, S. E., to its intersection
with Riverview Boulevard, S. E., and
(2) Riverview Boulevard, S. E., running in a northeasterly
direction from Piedmont Street, S. E., to Willow Street, S. E.,
for approximately 2,500 feet
be, and hereby are, altered and closed by way of a barricade, as
described in such application, subject to the conditions set forth in this
ordinance.
I
BE IT FURTHER ORDAINED that the. applicant shall construct to
applicable standards an improved alley providing access to Official Tax
Map Nos. 4030606 through 4030608, 4031401 through 4031407, and
4040708 through 4040717 in substantial conformity with the concept
plan titled "Roanoke River Flood Reduction Projection Illustrative Plan 1,
Illustrative Plan 2 and Illustrative Sections" by LMW, P.c., dated January 8,
2007. The alley replacing Piedmont Street, S.E., shall be a minimum
width of fourteen (14) feet to accommodate trash collection, and the alley
replacing Riverview Boulevard, S. E., shall be a minimum width of ten (10)
feet. Both alleys shall be paved with asphalt and shall be located in a
dedicated right-of-way.
BE IT FURTHER ORDAINED that the applicant shall install
landscaping in substantial conformity with the concept plan titled
"Roanoke River Flood Reduction Project Illustrative Plan 1 and Illustrative
Plan 2 and Illustrative Sections.. by LMW, P.c., dated January 8, 2007.
Small deciduous trees and evergreen trees must be a minimum of five (5)
feet at the time of planting, evergreen shrubs must be a minimum of
twenty-four (24) inches at the time of planting, and large deciduous trees I
must be a minimum caliper of two (2) inches at the time of planting.
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253
BE IT FURTHER ORDAINED that the applicant shall install removable
bollards to allow AEP, Roanoke Gas Company, Verizon, Western Virginia
Water Authority, and emergency vehicles, vehicular access to their
facilities.
BE IT FURTHER ORDAINED that the City Engineer be, and he is,
directed to mark "Altered and Closed by Barricade" on such rights-of-way
on all maps and plats on file in this office on which such rights-of-way are
shown, referring to the book and page of ordinances and resolutions of
the Council of the City of Roanoke, Virginia, wherein this Ordinance shall
be spread.
BE IT FURTHER ORDAINED that the 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, an attested copy of this
ordinance in order that such Clerk may make proper notations, if any, of
the alterations and closings by barricade as described above on all maps
and plats recorded in that office on which Piedmont Street, S. E., Hamilton
Terrace, S. E., Riverview Boulevard, S. E., and Willow Street, S. E., appear.
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:
(. );k(L cfi---:
~~~. IOjCJSYV
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'h day of February, 2007.
No. 37696-022007.
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 a condition
254
presently binding upon certain property conditionally zoned INPUD,
Institutional Planned Unit Development District; and dispensing with the
second reading by title of this ordinance.
I
WHEREAS, the City of Roanoke has made application to the Council
of the City of Roanoke, Virginia ("City Council"), to amend a certain
condition presently binding upon a tract of land located at 2102 Grandin
Road, S. W., being designated as Official Tax No. 1460101, which
property is zoned INPUD, Institutional Planned Unit Development District,
with proffers, such proffers being accepted by the adoption of Ordinance
No. 36795-071904, adopted July 29, 2004, and amended by the adoption
of Ordinance No. 37303-020606, adopted February 6,2006;
WHEREAS, the City Planning Commission, after giving property
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;
WHEREAS, a public hearing was held by City Council on such
application at its meeting on February 20, 2007, 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
I
WHEREAS, this Council, after considering the aforesaid application,
the recommendation made to this 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 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 Amendment of
Proffered Conditions - Amended Application NO.1 filed with the Planning,
Building and Development Office on January 23, 2007.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
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255
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 amended by the Amendment of Proffered Conditions -
Amended Application No. 1 filed with Planning, Building and
Development Office on January 23, 2007, so that the subject property is
zoned INPUD, Institutional Planned Unit Development 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
ATTEST:
J;tjJ~h7 fr[OdnJ
Stephanie M. Moon
City Clerk
c.. ~~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20'h day of February, 2007.
No. 37697-022007.
AN ORDINANCE authorizing the lease of an approximately 20.4
acres, more or less, of City-owned property, being Botetourt County
Official Tax NO.1 08(9)4, located in the unused portion of the City owned
property in Botetourt County adjacent to the Coyner Springs cemetery, for
agricultural purposes, for a term of one (1) year beginning March 1,
2007, and expiring February 29, 2008, 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 20, 2007,
pursuant to ~~ 15.2-1 800(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.
256
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke I
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,
a lease with Ned B. Jeter for the lease of approximately 20.4 acres, more
or less, of City-owned property, being Botetourt County Official Tax No.
108(9)4, located in the unused portion of the City owned property in
Botetourt County adjacent to the Coyner Springs cemetery, for
agricultural purposes, for a one (1) year period, beginning March 1, 2007,
and expiring February 29, 2008, 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 20, 2007.
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:
ftqJ~(r). rYjDlW
Stephanie M. Moon
City Clerk
~ l.M~.L
I
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of March, 2007.
No. 37698-030507.
A RESOLUTION accepting the Assistance to Firefighters grant to the
City from the Department of Homeland Security, and authorizing
execution of any required documentation on behalf of the City.
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257
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the Assistance to
Firefighters grant offered by the Department of Homeland Security in the
amount of $432,820.00 upon all the terms, provisions and conditions
relating to the receipt of such funds. The grant, which requires a
$108,204.00 in-kind match by the City, is more particularly described in
the letter of the City Manager to Council, dated March 5, 2007.
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
ATTEST:
~~h;'0M'0
Stephanie M. Moon
City Clerk
(2. ~41~
,
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5'" day of March, 2007.
No. 37699-030507.
AN ORDINANCE to appropriate funding from the federal
government for the Assistance to Firefighters Program, amending and
reordaining certain sections of the 2006-2007 Capital Projects and Grant
Funds Appropriations, and dispensing with the second reading by title of
this ordinance.
258
BE IT ORDAINED by the Council of the City of Roanoke that the
following sections of the 2006-2007 Capital Projects and Grant Funds
Appropriations be, and the same are hereby, amended and reordained to
read and provide as follows:
I
Capital Projects Fund
Appropriations
Capital Improvement Reserve - 08-530-9575-9220 $(108,204.00)
Contingency
Transfer to Grant Fund 08-530-9712-9535 108,204.00
Grant Fund
Appropriations
Other Equipment 35-520-3576-9015 541,024.00
Revenues
Assistance to Firefighters FY07 - 35-520-3576-3576 432,820.00
Federal
Assistance to Firefighters FY07 - 35-520-3576-3577 108,204.00
Local
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:
-JfqJ ~P7. lr;anrV
Stephanie M. Moon
City Clerk
Q.. UJ~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5'" day of March, 2007.
No. 37700-030507.
A RESOLUTION accepting the Marketing Leverage grant made to the
City from the Virginia Tourism Corporation, and authorizing execution of
any required documentation on behalf of the City.
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259
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the Marketing
Leverage grant offered by the Virginia Tourism Corporation in the amount
of $25,000.00 upon all the terms, provisions and conditions relating to
the receipt of such funds. The grant, which requires a $ 50,000.00 2-for-l
match by the City, is more particularly described in the letter of the City
Manager to Council, dated March 5,2007.
2. The City Manager and the City Clerk are hereby authorized to
execute, seal, and attest, respectively, any grant agreement and all
necessary documents required to obtain, accept, implement, administer,
and use 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:
JIgJ~tn fYJ~~
Stephanie M. Moon
City Clerk
c.Yt~
c. Nelson Harris
Mayor Harris
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5'h day of March, 2007.
No. 37701-030507.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia for the Virginia Tourism Corporation Marketing Leverage Funds
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.
260
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:
I
General Fund
Appropriations
Transfer to Grant Fund
Arts Festival Anniversary
Celebration - Professional Services
Grant Fund
Appropriations
Advertising
Revenues
VA Tourism Marketing FY07 - State
VA Tourism Marketing FY07 - Local
01-250-9310-9535
01-300-1213-2010
$ 50,000.00
(50,000.00)
35-300-9701-2015
75,000.00
25,000.00
50,000.00
35-300-9701-9701
35-300-9701-9702
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:
M~/Y). rl'jOW
Stephanie M. Moon
City Clerk
C!.. ~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5'" day of March, 2007.
No. 37702-030507.
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.
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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 Mallon April 14, 2007, in
connection with Fair Housing Fair activities.
2. The City Manager is hereby authorized to execute, for and on
behalf of the City, upon form approved by the City Attorney, an
Agreement relating to the City's use of Valley View Mall, on April 14,
2007, for Fair Housing Fair activities.
APPROVED
ATTEST:
~n;'fYJdctA.J
Stephanie M. Moon
City Clerk
e.~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 51h day of March, 2007.
No. 37703-030507.
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 ag'reement 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 19, 2007, in
connection with its Citizen Appreciation Day activities, as set forth in the
City Manager's letter to this Council dated March 5, 2007.
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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 19, 2007,
for Citizen Appreciation Day activities.
APPROVED
ATTEST:
%,~~ rn.h-)Irv-J
Stephanie M. Moon
City Clerk
c~~~
C. Nelson Harris
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 19'" day of March, 2007.
No. 37704-031907.
A RESOLUTION authorizing acceptance of the Shelter Plus Care
Renewal Grant Award from the U.S. Department of Housing and Urban
Development, in the amount of $143,232.00 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
Renewal Grant Award from the U. S. Department of Housing and Urban
Development, in the amount of $143,232.00 for a one year period, to'
provide rental assistance and supportive services to disabled homeless
individuals, as more particularly set forth in the March 19, 2007, letter of
the City Manager to this Council.
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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:
~fh.~
c.
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19'" day of March, 2007.
No.3 7705-031907.
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 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
Shelter Plus Care 2007 35-630-5293-2159
Revenues
Shelter Plus Care 2007 35-630-5293-5293
$143,232.00
$143,232.00
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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.h')~
Stephanie M. Moon
City Clerk
G14b-~~
c. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of March, 2007.
No. 37706-031907.
A RESOLUTION authorizing the acceptance of the Roanoke
Homeless Assistance Team Grant Renewal 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, with a match by the City of $36,927.00, for a total program
budget of $174,596.00, to provide outreach and limited case
management services to the homeless, and as more particularly set forth
in the March 19, 2007, letter of the City Manager to this Council.
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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
ATTEST:
Stephanie M. Moon
City Clerk
C,U~
C. Nelson Harris
Mayor
4~}n. f'Y1mv
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 9'h day of March, 2007.
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No. 37707-031907.
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
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:
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General Fund
Appropriations
Transfer to Grant Fund
Fees for Professional Services
- Human Services Support
Grant Fund
Appropriations
Regular Employee Salary
Temporary Employee Wages
City Retirement
01-250-9310-9535
01-630-1270-2010
$ 2,510.00
(2,510.00)
35-630-5342-1002
35-630-5342-1004
35-630-5342-1105
100,893.00
13,334.00
15,870.00
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ICMA Match 35-630-5342-1116 1,950.00
FSA Match 35-630-5342-1118 390.00 I
FICA 35-630-5342-1120 8,888.00
Medical Insurance 35-630-5342-1125 12,420.00
Dental Insurance 35-630-5342-1126 777.00
Life Insurance 35-630-5342-1130 1,140.00
Disability Insurance 35-630-5342-1131 26.00
Telephone 35-630-5342-2020 2,667.00
Telephone-Cellular 35-630-5342-2021 1,667.00
Administrative Supplies 35-630-5342-2030 500.00
Expendable Equipment
<$5000 35-630-5342-2035 500.00
Motor Fuel and Lubricants 35-630-5342-2038 1,200.00
Fleet Management Daily
Vehicle Rental 35-630-5342-2054 800.00
Program Activities 35-630-5342-2066 11,274.00
Postage 35-630-5342-2160 300.00
Revenues
Homeless Assistance Team
Federal 2007 35-630-5342-5342 137,669.00
Homeless Assistance Team
Local Match 2007 35-630-5342-5343 36,927.00 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
ATTEST:
~~ "'. ~nrv
Stephanie M. Moon
City Clerk
~ ~~tt~
c. Nelson Harris
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19'" day of March, 2007.
No. 37708-031907.
AN ORDINANCE amending and reordaining ~33-23, Notice to owner
of hearinq on abatement costs: post-abatement hearinq. of Article II,
Weed and Trash Abatement, of Chapter 33, Veqetation 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 33-23, Notice to owner of hearinq on abatement
costs: post abatement, 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:
~33-23. Notice to owner on abatement costs.
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(a) Upon completion of the reports and
assessment lists, the city manager shall ~
by eel tified mail by United States Postal
Service to each owner at his address as
determined from public records a notice
including a statement to the owner of the
abatement cost and the administrative fee.
The 110tice shall also advise the ovvl1er of his
right to object to, be heard U!'OI1, and contest
the amount of the abatement costs. The
notice shall further provide that upon
confirmation by the city manager of the
abatement cost and administrative fee, they
shall constitute special assessments against'
the owner and the parcel, a personal
obligation of the owner, and a lien upon the
owner's parcel from the date and time of the
recordation of the notice of lien, and from the
date of such confirmation, until paid, bear
interest at the legal rate, and that any fees,
charges or costs for the abatement of a
nuisance thereof shall be collected in any
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manner provided by the Code of Virginia for
the collection of state and local taxes.
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(b) Hie owner snail have f-ourteen (14) days
from tne date of I eceipt of tne notice of
assessmellt to appeal tne anlouflt of the
asseSSlllent to tne city managel. The city
manager snail set a hearillg and notify ti,e
ovvner of the time and location of a hearillg
for tne ptll posc of nearing the avvner's
objections ta and comnlents tlpon the report
and proposed assessment, of correctill9 any
mistakes al inaccuracies in these documents
and af canfirming tne same. If the o....ner daes
nat appeal tne assessmcnt as stated ill thc
11atice, the assessmellt snail be deellled to be
cOI.finnt:eL
(e b) With respect ta all assessmellts
remaining ullpaid f-ourteell (14) days after
confilmation, t The city manager shall cause
a notice of the lien of the special assessment
prepared by the city attorney to be recorded
in the clerk's office of the circuit court of the
City of Roanoke, Virginia. The city attorney
may take appropriate steps including a
personal or in rem suit or action in the
appropriate court to enforce the lien to satisfy
the special assessment.
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(d c) The director of finance, when in his
discretion it is just and proper to do so, may
waive liens imposed pursuant to this section
whenever doing so will facilitate the sale of
the property and encourage its productive
reuse. Such liens may be waived only as to a
purchaser who is unrelated by blood or
marriage to the owner and who has no
business association with the owner. All such
liens shall remain a personal obligation of the
owner of the property at the time the liens
were imposed.
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2. This ordinance shall be in full force and effect immediately
upon passage of this ordinance.
3. Pursuant to Section 12, Roanoke City Charter, the second
reading by title of this ordinance is hereby dispensed with.
APPROVED
ATTEST:
~~rn.~
Lo ~t,\;~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 19th day of March, 2007.
No. 37709-031907.
A RESOLUTION authorizing the City Manager to execute
Amendment No.6 to the City's contract with Hayes, Seay, Mattern &
Mattern, Inc., for additional engineering services for the Dr. Martin Luther
King, Jr. Memorial Bridge (formerly called 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, in a form approved by the City Attorney, Amendment No.6 to
the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for
additional engineering services for the Dr. Martin Luther King, Jr.
Memorial Bridge (formerly called First Street Bridge), all as more fully set
forth in the City Manager's letter to Council dated March 19, 2007.
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270
2. The Amendment No. 6 will provide authorization for
additions in the work, with an increase in the amount of the contract of
an additional $48,500.00, all as set forth in the above referenced letter,
bringing the total amount of the contract, including all Amendments, to
$1,015,057.00.
APPROVED
ATTEST:
t. uebJ,L>>17
c. Nelson Harris
Mayor
~~rn.~
Stephanie M. Moon
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19'h day of March, 2007.
No. 37710-031907.
A RESOLUTION authorizing the City Manager's issuance and
execution of an additional Amendment 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 an additional Amendment 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 March 19, 2007.
2. The form of such Amendment shall be approved by the City
Attorney.
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3. Such Amendment will provide authorization for additions to
the work, with an increase in the amount of $10,347.02 to the contract,
and which amount is in addition to the $40,000.00 previously approved
by Council by Resolution No.3 72 3 5-110705, all as set forth in the above
letter.
APPROVED
ATTEST:
ifi+J~ m. h]~
c. L(e&-4~
c. Nelson Harris
Mayor
Stephanie M. Moon
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 9'h day of March, 2007.
No. 37710-031907.
A RESOLUTION authorizing the City Manager's issuance and
execution of an additional Amendment 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 an additional Amendment 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 March 19, 2007.
2. The form of such Amendment shall be approved by the City
Attorney.
272
3. Such Amendment will provide authorization for additions to
the work, with an increase in the amount of $10,347.02 to the contract,
and which amount is in addition to the $40,000.00 previously approved
by Council by Resolution No.3 72 3 5-110705, all as set forth in the above
letter.
APPROVED
ATTEST:
~Wt~ h7. ~O~
L,lh-e~4l-~
c. Nelson Harris
Mayor
Stephanie M. Moon
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19'h day of March, 2007.
No. 37711-031907.
A RESOLUTION confirming the appointment of Sheila N. Hartman as
the Deputy City Clerk effective March 19, 2007.
WHEREAS, the City Clerk desires to appoint Sheila N. Hartman as
Deputy City Clerk of the City of Roanoke effective March 19, 2007, to
which appointment this Council desires to express its consent as required
by ~24 of the Roanoke City Charter of 1952.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the appointment effective March 19, 2007, by the City Clerk of
Sheila N. Hartman as Deputy City Clerk of the City of Roanoke is hereby
approved, ratified and confirmed.
APPROVED
ATTEST:
~~ M. Yl,ocr>-V
Stephanie M. Moon
City Clerk
c'
C. Nelson Harris
Mayor
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IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 19th day of March, 2007.
No. 37712-031907.
A RESOLUTION authorizing the issuance of not to exceed
$3,680,000.00 general obligation school bonds of the City of Roanoke,
Virginia, series 2007-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 $3,680,000.00 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 November
20, 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
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WHEREAS, the School Board of the City has, by resolution, requested
the Council to authorize the issuance of the Bonds (as hereinafter defined);
and
WHEREAS, the Bond Sale Agreement (as defined below) shall indicate
that $3,502,429.00 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, 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
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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 (ii) 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.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Council hereby
determines that it is advisable to contract a debt and issue and sell its
general obligation school bonds in an aggregate principal amount not to
exceed $3,680,000.00 (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 VPSA to purchase from the City, and to sell
to VPSA, the Bonds at a price, determined by 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 the sale date of VPSA's bonds, with VPSA providing for
the sale of the Bonds to 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").
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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 2007-A"; shall bear interest from the date of delivery
thereof payable semi-annually on each January 15 and July 15 beginning
January 15, 2008 (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
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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 VPSA, provided that each interest rate shall be ten one-
hundredths of one percent (0.10%) over the interest rate to be paid by VPSA
for the corresponding principal payment date of the bonds to be issued by
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 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 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 VPSA and Interest Payment Dates and the Principal
Installments requested by VPSA as having been so accepted as authorized
by this Resolution.
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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 Pavment: Payinq Aqent and Bond Reqistrar. The following
provisions shall apply to the Bonds:
(a) For as long as 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 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.
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(c) Regions Bank, Richmond, Virginia, is designated as Bond
Registrar and Paying Agent for the Bonds.
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7. Prepavment or Redemption. The Principal Installments of the
Bonds held by VPSA coming due on or before July 15, 2017, and the
definitive Bonds for which the Bonds held by VPSA may be exchanged that
mature on or before July 15, 2017, are not subject to prepayment or
redemption prior to their stated maturities. The Principal Installments of
the Bonds held by VPSA coming due after July 15, 2017, and the definitive
bonds for which the Bonds held by VPSA may be exchanged that mature
after July 15, 2017, 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, 2017, 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:
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Dates
Prices
July 15, 2017 through July 14, 2018
July 15, 2018 through July 14, 2019
July 15, 2019 and thereafter
101%
100Y2%
100%
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 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.
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8. Execution of the Bonds. The Mayor or Vice Mayor and the Clerk
or any Deputy Clerk of the City are authorized and directed to execute and
deliver the Bonds and to affix the seal of the City thereto.
9. Pledqe of Full Faith and Credit. For the prompt payment of the
principal of, premium, if any, and the interest on the Bonds as the same
shall become due, the full faith and credit of the City are hereby irrevocably
pledged, and in each year while any of the Bonds shall be outstanding there
shall be levied and collected in accordance with law an annual ad valorem
tax upon all taxable property in the City subject to local taxation sufficient
in amount to provide for the payment of the principal of and premium, if
any, and the interest on the Bonds as such principal, premium, if any, and
interest shall become due, which tax shall be without limitation as to rate
or amount and in addition to all other taxes authorized to be levied in the
City to the extent other funds of the City are not lawfully available and
appropriated for such purpose. I
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10. Use of Proceeds Certificate and Certificate as to Arbitraqe. 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.
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11. State Non-Arbitraqe Proqram: Proceeds Aqreement. The Council
hereby determines that it is in the best interests of the City to authorize
and direct the City Treasurerto 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, VPSA,
the investment manager and the depository, substantially in the form
submitted to the Council at this meeting, which form is hereby approved.
12. Continu;nq Disclosure Aqreement. 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).
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13. Filinq of Resolution. The appropriate officers or agents of the
City are hereby authorized and directed to cause a certified copy of this
Resolution to be filed with the Circuit Court of the City.
278
14. Further Actions. The members of the Council and all officers,
employees and agents of the City are hereby authorized to take such action I
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 March 19, 2007, 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 Nay Abstain
C. Nelson Harris, Mavor X
David B. Trinkle, Vice-Mavor X X
Alfred T. DoweLJr. X X
Beverly T. Fitzpatrick, Jr. X X
Sherman P. Lea X X
Gwendolyn W. Mason X X
. Brian J. Wishneff X X
I
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this
19th day of March, 2007.
Clerk, City of Roanoke, Virginia
[SEAL]
I
279
I
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TR-l
$-----------
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
General Obligation School Bond
Series 2007-A
I
The CITY OF ROANOKE, VIRGINIA (the "City"), for value received,
hereby acknowledges itself indebted and promises to pay to the VIRGINIA
PUBLIC SCHOOL AUTHORITY the principal amount of _____________
DOLLARS ($_________->, in annual installments in the amounts set forth on
Schedule I attached hereto payable on July 15, 2008 and annually on July
15 thereafter to and including July 15, 2027 (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 January 15, 2008 (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
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
280
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.
I
The full faith and credit of the City are irrevocably pledged for the
payment of the principal of and the premium, if any, and interest on this
Bond. The resolution adopted by the City Council authorizing the issuance
of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as
amended, requires, that there shall be levied and collected an annual tax
upon all taxable property in the City subject to local taxation sufficient to
provide for the payment of the principal, premium, if any, and interest on
this Bond as the same shall become due which tax shall be without
limitation as to rate or amount and shall be in addition to all other taxes
authorized to be levied in the City to the extent other funds of the City are
not lawfully available and appropriated for such purpose.
This Bond is duly authorized and issued in compliance with and
pursuant to the Constitution and laws of the Commonwealth of Virginia,
including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of
Virginia 1950, as amended, and resolutions duly adopted by the City
Council of the City and the School Board of the City to provide funds for
capital projects for school purposes.
I
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 $5,000.00 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 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.
I
281
I
The principal installments of this Bond coming due on or before July
15, 2017 and the definitive Bonds for which this Bond may be exchanged
that mature on or before July 15, 2017, are not subject to prepayment or
redemption prior to their stated maturities. The principal installments of
this Bond coming due after July 15, 2017, and the definitive Bonds for
which this Bond may be exchanged that mature after July 15, 2017, 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, 2017,
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, 2017 through July 14, 2018
July 15, 2018 through July 14, 2019
July 15, 2019 and thereafter
Prices
101%
100Yz%
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 ____________, 2007.
I
CITY OF ROANOKE,
VIRGINIA
(SEAL)
282
ATTEST:
I
Clerk, City of Roanoke, Virginia
Virginia
Mayor, City of Roanoke,
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
I
__________________________________________________ attorney to exchange
said Bond for definitive bonds in lieu of which this Bond is issued and to
register the transfer of such definitive bonds on the books kept for
registration thereof, with full power of substitution in the premises.
Date:
Registered Owner
Signature Guaranteed: (NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
(NOTICE: Signature(s) must be appears on the front of this
guaranteed by an "eligible guarantor Bond in every particular,
institution" meeting the requirements without alteration or change.)
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.
I
2 8 3
SCHEDULE I
I BOND DEBT~ER\olCE
Vi.rginia PubI:c Sell:)"l AmhC'Jiry
('97 Rf'it'Jurion) Se:ie~ ~OO7.-\
K.J:'l:loke City
PeIi.Jd Allnual
Ending P,i:lcip.1 Imere<:.t Debt S.,';ice D~bt Sel...ice
07/15.:~OO7
01/15.:~OOS 119.170.00 1 19.170.()1)
o 7/15/~OOS I! 5:000 89,3 77.50 26..!.3 77 .50 3S3.5~7 .50
01/15:~OO9: 8-1,915 GO S4.915.00
07il5:"~OO9 180.000 8-1.915.00 ~6.:1_915_00 -'-19.830.00
01!15...~01O SO.32~ .00 SO)~5.00
07...!~...~O)O 175.000 SO.3~~ .00 255__,15.00 335.65000
01/15.'1011 7:'.S62.50 :5.861.50
07/15.:~O11 175.000 :5.&61.50 150.861.50 316.715.00
01,;15i~Ol~ -; 1.'+00 .00 71.~OO.OO
07':)5:'~O11 175.000 ., 1.-100 .00 ~-I6.-100 .00 317,800.00
01115.'~01_; 66.937.50 65.937.50
07/15:'2013 I? 5.000 65.93750 2-n,937.~O 308.875.00
Ol"'15:'~Ol-l 6~.-175.00 62.-175 00
07/15.:201-l 175.000 61.4. 75.00 237.-175.00 ~99.950.00
I 01.:I5:~015 53.01~ 50 S3.01~.50
07/15/2015 175.000 5S.011.50 233.011.50 191.015.00
01/15C016 53,550.00 53.550.00
07..15.20]6 175.000 53.550.00 ~~ 8.550.00 281.100.00
01!15!~017 -19.087.50 -19,087.50
07/15...~OI7 175.000 -19.08750 2~.t087 .50 1;3.175.00
OV1)...~OIS -l-1.625.00 4-+.61~.OO
07/15!~018 I! 5.000 -l4.625.00 119.6:5.00 26~.150.00
Oli15...~019 -10.162.50 40.162.50
07:'i5:~019 1 ~5.000 -10.162.50 ~15.162.51j ~~5.325 00
0I/15.10~0 35.700.00 35,700.00
07/l5.'~O~O 175,000 35.700.00 210,700.00 2-16.-100.00
01/ I ~.:~O~ 1 31.23/.50 3i.~3750
O"i"'i:\'.~021 175.000 31.237.50 ';06.23 i .50 137,475.00
01/15...~O21 26.775.00 ~6. 775.00
co.:) 5. ~O~l 1 ~5.000 16.775.00 ~Ol,7f5.01) ~1S,55G 00
01!15:,~O13 2~,311.50 11.3011.50
07/15:1013 175.000 22311.50 197,31150 ~ 19.62:; .00
01/15: ~Ol..J 17.850.00 17.850.00
07/15:'20~..J 175.000 17.850.00 192.850.00 210.700.00
01/1.S,:~015 1.'-387.50 13387.50
07';}5.:~O15 17:'.000 I ~)S7 .50 188._,87.50 ~01.fi:;.OO
01/1511026 3.925.00 8.925.00
07/15..2026 175.000 3.925.00 183.925.00 192.850.00
Ol/15:'~O.r? -1.-162.50 ..1...J62.50
07:' 15/1017 1 '5,000 -1.-162.50 179.-162_50 183..925.00
I 3-505.000 1.90~.552.50 5A09.551.50 5.-l09.55~.50
284
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:
Aqt~~rn. fY'pClYV
G~J+~
c. Nelson Harris
Mayor
Stephanie M. Moon
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 9'h day of March, 2007.
No. 37713-031907.
AN ORDINANCE to appropriate funding from the Qualified Zone
Academy Bonds and to decrease funding from VPSA Bonds for the Patrick
Henry High School Project, 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
Appropriated from QZAB 31-065-6066-9109 $1,097,571.00
Appropriated from Literary 31-065-6066-9006 (1,097,571.00)
Loan/VPSA Bond
Revenues
QZAB-Patrick Henry Hiqh School 31-065-6066-1464 1,097,571.00
VPSA Bond-Patrick Henry High 31-065-6066-1368 (1,097,571.00)
School
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I
285
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
ATTEST:
~~/Ir.~
Stephanie M. Moon
City Clerk
c.
C. elson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19'" day of March, 2007.
No. 37714-031907.
I
AN ORDINANCE to appropriate funding from the Commonwealth
government to support various school grants and programs, as well as 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, 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, School and School Projects
Funds Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
General Fund
Appropriations
Transfer to School Fund 01-250-9310-9530 $913,745.00
Transfer to School Capital
Project Fund 01 -250-9310-9531 1 38,51 3.00
Fund Balance
Undesignated Fund Balance-
Schools 01-3324 (1,052,258.00)
I
286
School Fund
Appropriations
Testing Fee Tuition
Stipends for Extra Duty
Social Security
Student Incentives
Transportation Services
Food
Instructional Resources
Materials and Supplies
Other Supplies
Teacher Stipends
Social Security
Facility Equipment
Furniture
Transfer to School Capital
Projects Fund
Revenues
State Grant Receipts
State Grant Receipts
State Grant Receipts
Transfer from General . Fund-
CMERP
Fund Balance
Undesignated Fund Balance-
Schools
School Capital Proiects Fund
Revenues
Transfer from General Fund-CMERP
Transfer from School Fund
30-062-6705-0382-6138
30-062-6909-0129-6100
30-062-6909-0201-6100
30-062-6909-0313-6100
30-062-6909-0583-6100
30-062-6909-0602-6100
30-062-6909-0613-6100
30-062-6909-0614-6100
30-062-6909-0615-6100
30-062-6910-0129-6100
30-062-6910-0201-6100
30-065-7600-0821-6681
30-065-7600-0822-6681
30-066-7700-9531
30-062-6705-1100
30-062-6909-1100
30-062-6910-1100
30-060-6000-1356
30-3324
31-110-1234-1356
31-110-1234-1127
$7,048.00
7,139.00
546.00
1,773.00
355.00
355.00
710.00
710.00
234.00
4,645.00
355.00
461,223.00
430,000.00
I
(138,513.00)
7,048.00
11,822.00
5,000.00
891,223.00
I
138,513.00
$138,513.00
(138,513.00)
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:
#;1~h).'1~
Stephanie M. Moon
City Clerk
t. L{Q.~~
C. Nelson Harris
Mayor
I
287
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19'h day of March, 2007.
No. 37715-031907.
AN ORDINANCE amending and reordaining ~24-97, Possession or
consumption of alcoholic beveraqes, of Article IV, Parks, of Chapter 24,
Public Buildinqs and Property Generally, 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. Section 24-97, Possession or consumption of alcoholic
beveraqes, of Article IV, Parks, of Chapter 24, Public Buildinqs and
Property Generallv, Code of the City of Roanoke (1979), as amended, is
hereby amended and reordained to read and provide as follows:
~24-97. Possession or consumption of alcoholic beveraqes.
* * *
I
(b)
Subsection (a) of this section notwithstanding, the city
manager is hereby authorized to allow alcoholic
beverages to be consumed on the premises of
Elmwood Park, Century Square at Church Avenue, S.E.,
across from Fire Station No. 1 ("Century Square"), Mill
Mountain Park (including the Discovery Center),
Mountain View and First Union Plaza at Market Street,
S.E., adjacent to the Market Square Walkway ("First
Union Plaza"), hereinafter collectively referred to as the
"designated park facilities:' under the following
conditions:
* * *
I
(5) No city alcohol permit shall be issued which
shall allow the possession or consumption of alcoholic
beverages after 12:00 a.m. (midnight), or the
distribution or sale of alcoholic beverages forty-five
(45) minutes prior to the required cessation of the
event for which the permit is issued.
288
* * *
(8) Each applicant shall obtain insurance of a type
and for an amount acceptable to the office of risk
management for the city. The issuance of the city's
alcohol permit shall be conditioned upon the applicant
providing a copy of a certificate of insurance,
evidencing appropriate and acceptable insurance, at
the time of application;
* * *
2. Pursuant to Section 12, Roanoke City Charter, the second
reading by title of this ordinance is hereby dispensed with.
APPROVED
ATTEST:
e. lUvkt~
UJ '-'n ~ tn. ~11>V
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19'h day of March, 2007.
No. 37716-031907.
AN ORDINANCE authorizing the conveyance of a 15' x 20'
easement for a private sign on a dedicated 15,401 square foot
right-of-way of City-owned property identified as Official Tax No.
1250928, located at the intersection of Brandon Avenue, S. W. and 23"
Street, S. W., to Towers Associates Limited Partnership (Towers
Associates), owners of property commonly known as Towers Mall, upon
certain terms and conditions; and dispensing with the second reading by
title of this ordinance.
WHEREAS, a public hearing was held on March 19, 2007, 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.
I
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I
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I
289
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 approyed by the City Attorney, the
necessary documents donating and conveying a 15' x 20' easement for a
private sign on a dedicated 15,401 square foot right-of-way of City-owned
property identified as Official Tax No. 1250928, located at the
intersection of Brandon Avenue, S. W. and 23'. Street, S. W., to Towers
Associates Limited Partnership (Towers Associates), owners of property
commonly known as Towers Mall, as more particularly set forth in the
March 19, 2007, 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.~ou>v
Stephanie M. Moon
City Clerk
L.
j
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19'" day of March, 2007.
No. 37717-031907.
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 a certain
portion of property within the City, subject to a certain condition
proffered by the applicant; and dispensing with the second reading of
this ordinance by title.
290
WHEREAS, Trustees of New Hope Christian Church and Appalachian
Power Company, have made application to the Council of the City of
Roanoke, Virginia ("City Council"), to have a portion of the hereinafter
described property rezoned from INPUD, Institutional Planned Unit
Development District, to ROS, Recreation and Open Space District, subject
to a certain condition proffered by the applicants;
I
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 19, 2007, 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.
I
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 a 40' x 280' portion of
property located at 4229 Welcome Valley Road, S. W., bearing Official Tax
No. 5390113, be, and is hereby rezoned from INPUD, Institutional
Planned Unit Development District, to ROS, Recreation and Open Space
District, subject to a certain condition proffered by the applicants, as
requested in the Application Conditional Rezoning - Amended
Application NO.1 filed by the Trustees of New Hope Christian Church and
Appalachian Power Company in the Office of Planning, Building and
Economic Development on January 24, 2007.
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291
I
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:
~nt,~
Stephanie M. Moon .
City Clerk
C.~~~-A
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20' day of April, 2007.
No. 37718-040207.
I
A RESOLUTION paying tribute to William Fleming High School's
Boys Varsity Basketball Team for winning the 2007 Virginia High School
League Group AA Boys Basketball State Championship.
WHEREAS, the William Fleming basketball team began the 2006-
2007 season losing four out of five of its games;
WHEREAS, this young team, comprised of four seniors, five juniors
and six sophomores, showed great determination by mounting a fifteen-
game winning streak to redeem the season;
WHEREAS, Fleming's team won the. Holiday Hoopla Tournament, the
Blue Ridge District season title, and the Blue Ridge District Tournament
title, and was the VHSL Region III tournament final runner-up;
WHEREAS, the Colonels marched through the VHSL state
tournament with a 59-42 win over Henry County's Magna Vista High
School in the quarterfinal game, and a 57-48 semifinal win against
Waynesboro High School before facing Brunswick High School in the
finals; and
I
292
WHEREAS, Fleming's team (24-6), which had not won a state
basketball championship since 1955, defeated the Brunswick Bulldogs
66-57 in the title game at Virginia Commonwealth University's Siegel
Center in Richmond on Saturday, March 10, 2007.
I
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that;
1. Council adopts this resolution as a means of recognizing and
commending the William Fleming High School Colonels and their
coaches for winning the 2007 VHSL Group AA Boys Basketball State
Championship.
2. The City Clerk is directed to forward an attested copy of this
resolution to the Colonel's coaches, Mickey Hardy and Marshall
Ashford.
APPROVED
ATTEST:
~Yn.~
Stephanie M. Moon
City Clerk
c,~~~_)o
C. Nelson Harris
Mayor
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2'" day of April, 2007.
No. 37719-020407.
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 a condition
presently binding upon the development of Faison-Southern Lane, LLC;
and dispensing with the second reading by title of this ordinance.
WHEREAS, Faison-Southern Lane, LLC, has made application to the
Council of the City of Roanoke, Virginia ("City Council"), to amend a
condition presently binding upon a tract of land located at Franklin Road,
Southern Lane, Southern Hills Drive and Griffin Road, S. W., Roanoke,
I
293
I
Virginia, being designated as Official Tax No. 5480704, which property
was rezoned C-2, General Commercial District, with conditions, by the
adoption of Ordinance No. 37159-081505, adopted August 15, 2005.
Such property was rezoned from C-2, General Commercial District, with
conditions, to CG, Commercial-General District, with conditions, as part
of a comprehensive rezoning of the City, by adoption of Ordinance No.
37268-120505, adopted December 5, 2005.
WHEREAS, City Council accepted and approved certain conditions
proffered by Faison-Southern Lane, LLC, at its public meeting held on
August 15, 2005, as set forth in the Third Amended Petition to Amend
Proffers filed in the City Clerk's Office on July 29,2005;
WHEREAS, on June 15, 2006, the Home Depot - South Roanoke
Comprehensive Development Plan was approved administratively by City
staff after review for compliance with the proffered conditions, the
zoning ordinance, and other applicable City codes; the landscape and
grading plan elements of the approved comprehensive development plan
clearly, and to scale, delineated an "Area to Remain
Undisturbed/Forested" in compliance with a proffered condition;
I
WHEREAS, on January 22, 2007, a request for approval of certain
revisions to the approved Home Depot-South Roanoke Comprehensive
Development Plan was submitted to the Department of Planning Building
and Economic Development; the submitted revisions included a grading
plan for Tract B, location of a retaining wall on Tract B, expansion of the
Tract B development site, and a delineation of a temporary road through
Tract B;
WHEREAS, on February 21, 2007, in a meeting with planning and
building staff, the project's civil engineer, and representatives of Faison-
Southern Lane, LLC, the Zoning Administrator determined that the
location of the temporary road, as submitted, did not comply with the
proffered condition of the "area to remain undisturbed/forested," but
determined that a location along the edge of the proffered
undisturbed/forested area on the northern part of Tract B, generally
running along the right-of-way of Griffin Road, would be deemed to be in
substantial conformity with the proffer:
I
WHEREAS, on February 22, 2007, the Zoning Administrator
determined that the encroachment into the proffered "Area to Remain
Undisturbed/Forested" by the revised expansion of the development site
of Tract B, the construction of the retaining wall, and the proposed
grading behind the wall on tract B was not in substantial conformity with
the proffered condition and could not be approved; the civil engineer who
294
submitted the revIsions for review was notified by letter of the Zoning
Administrator's determination;
WHEREAS, on February 25, 2007, Faison-Southern Lane, LLC, filed
an appeal of the Zoning Administrator's interpretation of the proffered
condition regarding the "Area to Remain Undisturbed/Forested";
I
WHEREAS, on March 5, 2007, Faison-Southern Lane, LLC, withdrew
its appeal and Council agreed to consider on April 2, 2007, an application
to amend the subject proffer;
WHEREAS, an Amended Application No. 1 to Amendment of
Proffered Conditions, reflecting the amended proffer made by Faison-
Southern Lane, LLC, was filed in the Department of Planning Building and
Economic Development on March 16, 2007;
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
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 on April 2, 2007, 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 Franklin Road,
Southern Lane, Southern Hills Drive and Griffin Road, S. W., Roanoke,
Virginia, being designated as Official Tax No. 5480704, which property
was previously rezoned Commercial - General District, with proffered
conditions as set forth in the Amended Application No.1 to Amendment
of Proffered Conditions filed in the Department of Planning Building and
Economic Development on March 16, 2007, should be rezoned as herein
provided.
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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 a
proffered condition as shown in the Amended Application No. 1 to
Amendment of Proffered Conditions filed in the Office of Planning
Building and Development on March 16, 2007, so that the subject
property is zoned CG, Commercial-General 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
ATTEST:
~'m.~
Stephanie M. Moon
City Clerk
c,,~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2'. day of April, 2007.
No. 37720-040207.
AN ORDINANCE authorizing the proper City officials to execute a
contract for the provision of a Turn Key On-Site Parts Operation for the
City's Fleet Division at the City's Public Works Service Center (PWSC),
which will include a license for such contractor to use a section of the
PWSC for such Operation: authorizing the City Manager to implement,
administer, and enforce such contract; and dispensing with the second
reading by title of this ordinance.
WHEREAS, the City issued a Request for Proposal (RFP) for the
above matter and received three responses;
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WHEREAS, the apparent successful offeror has requested changes
or modifications to certain sections of the sample contract proposed in I
the RFP and the Revocable License Terms and Conditions referred to in
such RFP, such sections being 1, 2, 3, 9, 11, 14, 30, 32, and Exhibit 2 of
the sample contract, and sections 4, 14, 16, and 19 of the proposed
Revocable License Terms and Conditions. Therefore, these items as well
as the final scope of services and compensation issue are subject to
further negotiations with City staff; and
WHEREAS, on April 2, 2007, at Council's regular 2:00 p.m. meeting,
a public hearing was held, pursuant to ~~ 15.2-1800(B) and 1813, Code of
Virginia (1950), as amended, at which hearing all parties in interest and
citizens were afforded an opportunity to be heard on this matter.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. The City Manager and the City Clerk are authorized to
execute and attest, respectively, in a form approved by the City Attorney,
a contract for the provision of a Turn Key On-Site Parts Operation for the
City's Fleet Division at the City's PWSc. Such contract may provide for a
license for such contractor to use a section of the PWSC (not to exceed a
total of 5 years) for such Operation and shall contain substantially similar
terms and provisions as set out in the sample contract and Revocable
License Terms and Conditions attached to the City Manager's letter to
Council dated April 2, 2007, except that those matters still subject to
negotiation, as noted above, may be addressed by providing for such
terms and provisions as the City Manager deems appropriate, whether or
not similar to those in the sample documents.
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2. The City Manager is further authorized to take such actions
and execute such documents as may be necessary to implement,
administer, and enforce such contract, including any change to the
amount involved, subject to the amount of funds available and
appropriated, and/or the time of performance, including any extensions
to such contract, not to exceed an initial term of two years, with up to
three additional one year terms, as provided in the RFP.
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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:
~'rn.'mt~
Stephanie M. Moon
City Clerk
c... tM",- ~-..:...
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2'" day of April, 2007.
No. 37721-040207.
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A RESOLUTION approving a Public Art Site Plan.
BE IT RESOLVED by the Council of the City of Roanoke that Council
hereby approves the Public Art Site Plan attached to the City Manager's
report dated April 2, 2007, as a part of the City's Public Art Policy.
APPROVED
ATTEST:
~fY).~
Stephanie M. Moon
City Clerk
c. v(J.., t\~
C. Nelson Harris
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
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The 2"d day of April, 2007.
No. 37722-040207.
AN ORDINANCE to appropriate funding for the State Asset Sharing
Program and Federal Asset Sharing 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
Overtime Wages
FICA
Investigations and Rewards
Revenues
State Asset Forfeiture - Interest
State Asset Forfeiture
Federal Asset Forfeiture
Federal Asset Forfeiture
Interest
35-640-3302-1003
35-640-3302-1120
35-640-3304-2150
$25,377.00
1,941.00
240,123.00
35-640-3302-3299
35-640-3302-3300
35-640-3304-3305
35-640-3304-3306
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3,014.00
24,304.00
202,732.00
37,391.00
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
City Clerk
e.1AJ.~~
C. Nelson Harris
Mayor
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IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 2"' day of April, 2007.
No. 37723-040207.
A RESOLUTION regarding regional water supply planning and
authorizing the filing of an application for a FY08 Water Supply Planning
Grant.
WHEREAS, the Virginia General Assembly has mandated the
development of local and regional water supply plans throughout the
Commonwealth and the State Water Control Board has developed
regulations to implement this planning process;
WHEREAS, based upon these regulations, the City of Roanoke is
required to complete a water supply plan that fulfills the regulations by
deadlines based on population, specifically, by November 2,2008;
I
WHEREAS, local governments may elect to join one or more other
local governments to develop a regional water supply plan for which a
deadline of November 2,2011, has been established;
WHEREAS, the following elements must be included in all local or
regional water supply programs:
A description of existing water sources in accordance with 9
VAC 25-780-70;
A description of existing water use in accordance with the
requirements of 9 VAC 25-780-80;
A description of existing water resource conditions in
accordance with the requirements of 9 VAC 25-780-90;
An assessment of projected water demand in accordance
with the requirements of 9 VAC 25-780-100;
A description of water management actions in accordance
with the requirements of 9 VAC 25-780-110 and 9 VAC 25-
780-120;
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A statement of need in accordance with the requirements of
9 VAC 25-780-130;
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An alternatives analysis that identifies potential alternatives
to address projected deficits in water supplies in accordance
with the requirements of 9 VAC 25-780-130;
A map or maps identifying important elements of the
program that may include existing environmental resources,
existing water sources, significant existing water uses, and
proposed new sources;
A copy of the adopted program documents including any
local plans or ordinances or amendments that incorporate
the local program elements required by state regulations;
A resolution approving the plan from each local government
that is party to the plan; and
A record of the local public hearing, a copy of all written
comments and the submitter's response to all written
comments received.
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WHEREAS, it is reasonable and prudent for the following' local
governments to coordinate and collaborate in the development of a
regional water supply plan: the counties of Bedford, Botetourt, Franklin,
and Roanoke, the cities of Bedford, Roanoke, and Salem, and the towns of
Boones Mill, Buchanan, Fincastle, Rocky Mount, Troutville, and Vinton;
WHEREAS, the Virginia Department of Environmental Quality has
announced the availability of grant funds to assist localities offset some
of the costs related to the development of these plans and is encouraging
localities to submit applications for grant funds using regional water
supply plans;
WHEREAS, regional water supply planning is a sensible approach to
developing a water supply plan since watershed boundaries do not follow
political boundaries and since there will likely be cost savings to all
jurisdictions participating;
WHEREAS, for purposes of this DEQ water supply grant fund
program, the City of Roanoke will participate within a water supply region
consisting of the localities of the counties of Bedford, Botetourt, Franklin,
and Roanoke, the cities of Bedford, Roanoke, and Salem, and the towns of
Boones Mill, Buchanan, Fincastle, Rocky Mount, Troutville, and Vinton;
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WHEREAS, the Roanoke Valley-Alleghany Regional Commission has
previously managed the development of successful regional water supply
plans and other regional plans and is a logical entity to organize and
manage a regional water supply planning process;
WHEREAS, Roanoke Valley-Alleghany Regional Commission has
previously written, received, and managed DEQ water supply grants and
is the logical entity to apply for such grant, on behalf of the communities
participating in the regional water supply plan;
WHEREAS, the Roanoke Valley-Alleghany Regional Commission
desires to manage and develop a regional water supply plan for the
region, and participating localities in the region agree with this approach;
and
WHEREAS, the region, through the Roanoke Valley-Alleghany
Regional Commission wishes to apply for and secure DEQ grant funds to
help offset the cost of the plan development.
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NOW, THEREFORE BE IT RESOLVED that the City of Roanoke agrees
to participate with the counties of Bedford, Botetourt, Franklin, and
Roanoke, the cities of Bedford and Salem, and the towns of Boones Mill,
Buchanan, Fincastle, Rocky Mount, Troutville, and Vinton in the
development of a regional water supply plan and authorizes the Roanoke
Valley-Alleghany Regional Commission to manage and develop a regional
water supply plan that will comply with mandated regulations; and
BE IT FURTHER RESOLVED that the Roanoke Valley-Alleghany
Regional Commission is authorized to develop an application for water
supply planning grant funds to offset to the extent feasible the cost of
developing a regional water supply plan; and
BE IT FURTHER RESOLVED that Wayne Strickland, Executive Director,
Roanoke Valley-Alleghany Regional Commission, is authorized to sign the
DEQ grant contract and other appropriate documents related to the
source water planning grant and the regional source water supply plan;
and
BE IT FURTHER RESOLVED that the City of Roanoke intends to
provide up to $1,500.00 in matching funds (in-kind) for the project for
work performed within the organization to meet the requirements of the
regional water supply planning effort; and
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BE IT FURTHER RESOLVED that the City of Roanoke will participate
financially for the costs of the regional water supply plan that is not
covered by the DEQ grant in an amount not to exceed $26,158.00 in
FY08 and $13,475.00 in FY09; and
I
BE IT FINALLY RESOLVED that the State Water Control Board and the
Department of Environmental Quality should consider this resolution as
the City's Letter of Intent to participate in a regional water supply plan
with a completion due date of November 2, 2011, in accordance with 9
VAC 25-780-50.BA.
APPROVED
ATTEST:
~h1.~
Stephanie M. Moon
City Clerk
c..~~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 2"' day of April, 2007.
No. 37724-040207.
AN ORDINANCE to appropriate funding from the Capital Projects
Fund Contingency and the Western Virginia Water Authority to the
Regional Water Supply Plan, 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:
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303
Appropriations
Appropriated from General Revenue
Appropriated from Third Party
Capital Projects Fund Contingency
Revenues
Regional Water Supply Plan - WVWA
Reimbursement
08-530-9553-9003
08-530-9553-9004
08-530-9575-9220
$19,817.00
19,817.00
(19,817.00)
08-530-9553-9553
19,817.00
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.~
c..., ~lf\- ~-.,wb
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2" day of April, 2007.
No. 37725-040207.
AN ORDINANCE authorizing execution of Amendment No. 1 to the
contract with the Sheriff, dated December 20, 2005, to allow the Sheriff
to permit her employees to take a paid holiday on the day of their
birthday; 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 contract dated December 20, 2005, with the Sheriff is
amended to allow the Sheriff to grant her employees a paid holiday on
their birth date, which holiday may be taken either on the employee's
birth date or within two weeks of such date.
2. The effective date of such Amendment No. 1 will be
retroactive toJuly 1,2006, and will terminate on June 30, 2007.
304
3. The City Manager is hereby authorized, for and on behalf of
the City, to execute Amendment No.1 with the Sheriff.
4. Pursuant to 912 of the Roanoke City Charter, the second
reading by title paragraph of this ordinance is hereby dispensed with.
I
APPROVED
ATTEST:
, . I'Y]OefrV
Stephanie M. Moon
City Clerk
c. t{~~~
C. Nelson Harris
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 2" day of April, 2007.
No. 37726-040207.
I
A RESOLUTION setting the allocation percentage for personal
property tax relief in the City of Roanoke for the 2007 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, 2007, 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 60.63% tax relief.
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3. That qualifying personal use vehicles valued at $20,001.00 or
more shall only receive 60.63% 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.
APPROVED
ATTEST:
~.'rY\.~
Stephanie M. Moon
City Clerk
~~~
C. Nelson Harris
Mayor
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16'h day of April, 2007.
No. 37727-041607.
A RESOLUTION approving
Commission's 2007-2008 proposed
certain terms and conditions.
the Roanoke Regional Airport
operating and capital budget upon
BE IT RESOLVED by the Council of the City of Roanoke that in
accordance with the requirements of the Roanoke Regional Airport
Commission Act, as amended by the General Assembly of Virginia,
Chapter 385, 1996 Acts of Assembly, and the Roanoke Regional Airport
Commission Contract dated January 28, 1987, as amended by First
Amendment, dated December 6, 1996, the City of Roanoke hereby
approves the Airport Commission's 2007-2008 proposed operating and-
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capital budget, as well as a separate listing of certain proposed capital
expenditures, as more particularly set forth in a report from the I
Commission to this Council, dated March 23, 2007.
APPROVED
ATTEST:
~~.~
Stephanie M. Moon
City Clerk
C/~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of April, 2007.
No. 37728-041607.
A RESOLUTION approving the annual budget of the Roanoke Valley
Resource Authority for Fiscal Year 2007-2008, upon certain terms and I
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
2007-2008, in the amount of $9,353,719.00 is hereby approved, all as
more particularly set forth in a letter to the City Clerk, dated March 28,
2007, ~rom John R. Hubbard, P.E., Chief Executive Officer of Roanoke
Valley Resource Authority, copies of which have been provided to
Council.
APPROVED
-
ATTEST:
~~~.~
Stephanie M. Moon
City Clerk
c~~
C. Nelson Harris
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16'h day of April, 2007.
No. 37729-041607.
A RESOLUTION authorizing the donation to the Virginia Museum of
Transportation, Inc., of the Nickel Plate Locomotive No. 763.
WHEREAS, the Virginia Museum of Transportation, Inc., ("Museum")
has requested that the City donate to it the Nickel Plate Locomotive No.
763, subject to the condition that Norfolk Southern Railway Company
transport the locomotive to Ohio, and City Council desires to effect this
donation.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
I
1. The City hereby donates to the Museum whatever interest that it
has in Nickel Plate Locomotive No. 763, subject to the condition
that Norfolk Southern Railway Company transport the
locomotive to Ohio
2. The City Manager is authorized to execute an acknowledgment
of such donation, in such form as may be approved by the City
Attorney.
APPROVED
ATTEST:
~tn. n-;abV
Stephanie M. Moon
City Clerk
\.
C. Nelson Harris
Mayor
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308
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of April, 2007.
No. 37730-041607.
A RESOLUTION accepting the Commercial Equipment Direct
Assistance Program (CEDAP) grant made to the City from the Department
of Homeland Security, and authorizing execution of any required
documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1 . The City of Roanoke does hereby accept the Commercial
Equipment Direct Assistance Program (CEDAP) grant offered by the
Department of Homeland Security in the amount of $6,495.00 upon all
the terms, provisions and conditions relating to the receipt of such funds.
The grant, which requires no match by the City, is more particularly
described in the letter of the City Manager to Council, dated April 16,
2007.
2. The City Manager and the City Clerk are hereby authorized to
execute, seal, and attest, respectively, any grant agreement and all
necessary documents required to obtain, accept, implement, administer,
and use 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:
. ~'.
, _:~ n, '::"
~~.~
Stephanie M. Moon
City Clerk
c.~~
C. Nelson Harris
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16'h day of April, 2007.
No. 37731-041607.
A RESOLUTION authorizing acceptance of a Juvenile Accountability
Block Grant One-Time Special Funding Initiative 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 One-Time Special
Funding Initiative funds from the Virginia Department of Criminal Justice
Services, in the amount of $7,847.00, as set forth in the City Manager's
letter, dated April 16, 2007, to this Council are hereby ACCEPTED.
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2. The City Manager, or her designee, is hereby authorized to
execute any and all requisite documents pertaining to the City's
acceptance of these grant funds, and to furnish such additional
information as may be required in connection with the City's acceptance
of these grant funds. All documents shall be approved by the City
Attorney.
APPROVED
ATTEST:
~m. fYJ(Jtn.J
Stephanie M. Moon
City Clerk
~,-U~
C. Nelson Harris
Mayor'
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310
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 16th day of April, 2007.
No.3 7732-041607.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia Department of Criminal Justice Services for the Juvenile
Accountability Block Grant One-Time Special Funding 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
Expendable Equipment
Program Supplies
Revenues
JABG One Time Special Funding
- Cultural Competency
35-630-5081-2035
35-630-5081-2066
$750.00
7,097.00
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35-630-5081-5081
7,847.00
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:
~~'o~
City Clerk
C,1kQ~~
c. Nelson Harris
, ,. Mayor
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311
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of April, 2007.
No. 37733-041607.
A RESOLUTION authorizing the acceptance of a grant from the
Virginia Office of Comprehensive Services in collaboration with Blue Ridge
Behavioral Healthcare to provide transition services to youth currently in
residential treatment in order to foster successful and timely discharges
from such services with a reduced risk of recidivism, 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 Virginia Office of
Comprehensive Services Grant, in the amount of $79,893.00, to provide
transition services to youth currently in residential treatment in order to
foster successful and timely discharges from such services with a reduced
risk of recidivism, and as more particularly set forth in the April 16, 2007,
letter of the City Manager to this Council.
2. The City of Roanoke will serve as fiscal agent for the grant
and be responsible for distributing such amounts to Blue Ridge
Behavioral Healthcare.
3. 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
City Clerk
312
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 16th day of April, 2007.
No. 37734-041607.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia Office of Comprehensive Services for the Innovative Community
Services 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
Fees for Professional Services 35-630-5098-2010 $79,893.00
Revenues
Comprehensive Services Grant
FY07 35-630-5098-5098 79,893.00
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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\.~
Stephanie M. Moon
City Clerk
~(W~
C. Nelson Harris
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16'h day of April, 2007.
No. 37735-041607.
A RESOLUTION authorizing the filing of an application to rezone
property owned by the City of Roanoke, relating to the next phase of the
Colonial Green development located on Robyn Road, S. W., and
designated as Official Tax Nos. 1570134, 1570153, and 1570154.
WHEREAS, the City of Roanoke owns certain property designated as
Official Tax Nos. 1570134, 1570153, and 1570154, located on Robyn
Road, S. W., and zoned MXPUD, Mixed Use Development District; and
I
WHEREAS, the City of Roanoke desires to rezone Official Tax Nos.
1570134, 1570153, and 1570154,to MXPUD, Mixed Use Development
District, by amending the development plan which pertains to those
parcels in order to permit the addition of a twelve (12) foot paved alley to
serve the "row houses" proposed along the southeastern boundary of the
district, and to accommodate five (5) additional row house units on the
subject properties.
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 to MXPUD, Mixed Use Development District, by amending the
development plan which pertains to Official Tax Nos. 1570134, 1570153,
and 1 S70154, to permit the addition of a twelve (12) foot paved alley to
serve the "row houses" proposed along the southeastern boundary of the
district, and to accommodate five (5) additional row house units on the
subject properties.
2. That the City Manager is authorized to file a petition, similar
in form and content to the petition attached to the letter dated April 16,
2007, to this Council, approved as to form by the City Attorney, to rezone
the subject property to MXPUD, Mixed Use Development District, by
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amending the development plan which pertains to Official Tax Nos.
1570134, 1570153, and 1570154, to permit the addition of a twelve (12) I
foot paved alley to serve the "row houses" proposed along the
southeastern boundary of the district, and to accommodate five (5)
additional row house units on the subject properties.
APPROVED
ATTEST:
~,~~~
City Clerk
c,~)~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of April, 2007.
No. 37736-041607.
I
A RESOLUTION authorizing the City Manager to execute
Amendment No. 3 to the 2004-2005 CDBG/HOME Agreement with the
Roanoke Redevelopment and Housing Authority, 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.3 to the 2004-2005 CDBG/HOME Agreement with the Roanoke
Redevelopment and Housing Authority ("RRHA"), and the necessary
amendments to the City's HUD Consolidated Plan regarding the Harrison
Museum, Cherry Avenue, New Horizons Healthcare, Mt. View Recreation
Center and Hurt Park infrastructure improvements activities, upon such
terms and conditions as are more particularly set forth in the City
Manager's letter dated April 16, 2007, to City Council.
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2. The form of such Amendment No.3, and any necessary
amendments thereto, shall be approved by the City Attorney.
APPROVED
ATTEST:
-~rr,.~~
Stephanie M. Moon
City Clerk
C U&4-~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of April, 2007.
No. 37737-041607.
AN ORDINANCE to transfer Series 2002 General Obligation Bond
funding from the Capital Projects Fund Library Facilities Project to various
new Library 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:
riations
riated from 2002 Bond Funds
riated from 2002 Bond Funds
riated from 2002 Bond Funds
riated from 2002 Bond Funds
riated from 2002 Bond Funds
riated from 2002 Bond Funds
riated from 2002 Bond Funds
08-650-9747-9076
08-650-9748-9076
08-650-9749-9076
08-650-9750-9076
08-650-9751-9076
08-650-9752-9076
08-650-9746-9076
$1,296,000.00
1,080,400.00
1,036,300.00
1,634,000.00
57,400.00
49 900.00
(5,154,000.00)
316
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:
~"rv\.~
c, Wvvt*~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of April, 2007.
No. 37738-041607.
A RESOLUTION authorizing the acceptance of an EPA Brownfield Job
Training Grant from the Environmental Protection Agency to fund a job I
training program to train persons as environmental technicians;
authorizing the City Manager to execute any necessary documents or
agreements to receive, implement, and administer such grant; and
authorizing the City Manager to execute any necessary subgrant
agreements to implement such job training program.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the EPA Brownfield Job
Training Grant from the Environmental Protection Agency, in the amount
of $173,263.00, to fund a job training program to train persons as
environmental technicians, all as more particularly set forth in the letter
dated April 16, 2007, from the City Manager to this Council.
2. The City Manager is hereby authorized to execute any and all
requisite agreements and/or documents, 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.
3. The City Manager is authorized to take any necessary action
to receive, implement, and administer such grant and the job training
program.
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4. The City Manager is further authorized to execute subgrant
agreements, approved as to form by the City Attorney, with Virginia
Western Community College, Total Action Against Poverty in Roanoke
Valley, and any other entity as may be needed to develop and implement
such job training program.
APPROVED
ATTEST:
~~rn,~
Stephanie M. Moon
City Clerk
~ lMw~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of April, 2007.
I
No. 37739-041607.
AN ORDINANCE to appropriate funding from the federal
government for the Environmental Protection Agency Brownfield
Redevelopment Job Training 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:
Appropriations
Professional Services 35-615-8107-2010 $173,263.00
Revenues
Brownfield Redevelopment - Job 35-615-8107-8107 173,263.00
Training
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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:
~6-.~~'~V'N
~J ~" ..H~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of April, 2007.
No.3 77 40-041607.
A RESOLUTION confirming the appointment of Cecelia R. Tyree as
the Assistant Deputy City Clerk effective April 16, 2007.
I
WHEREAS, the City Clerk desires to appoint Cecelia R. Tyree as
Assistant Deputy City Clerk of the City of Roanoke effective April 16,
2007, to which appointment this Council desires to express its consent
as required by 924 of the Roanoke City Charter of 1952.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the appointment effective April 16, 2007, by the City Clerk of Cecelia
R. Tyree as Assistant Deputy City Clerk of the City of Roanoke is hereby
approved, ratified and confirmed.
APPROVED
ATTEST:
~~~~~
City Clerk
~.tvQ~~
C. Nelson Harris
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of April, 2007.
No. 37741-041607.
AN ORDINANCE to appropriate funding from the Federal and
Commonwealth governments as well as local match, 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:
I
Appropriations
Teacher
Social Security
Instructional Supplies
Curriculum Development
Social Security
Testing Fee Tuition
Travel
Visiting Teachers
Social Security
Contracted Professional
Development
Revenues
Federal Grant Receipts
Federal Grant Receipts
Federal Grant Receipts
State Grant Receipts
Local Match
I
30-062-6794-0121-6450
30-062-6794-0201-6450
30-062-6794-0614-6450
30-062-6706-0129-6550
30-062-6706-0201-6550
30-062-6706-0821-6550
30-062-6706-0822-6550
30-062-6276-0129-6231
30-062-6276-0201-6231
30-061-6141-0313-6000
30-062-6794-1102
30-062-6276-1102
30-061-6141-1102
30-062-6706-11.00
30-062-6706-1101
.,.,..'
$ 2,250.00
172.00
7,661.00
2,787.00
213.00
1,050.00
20,950.00
7,431.00
569.00
155,000.00
$ 10,083.00
8,000.00
155,000.00
20,000.00
5,000.00
320
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:
~~.~
Stephanie M. Moon
City Clerk
(.~""'~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of April, 2007.
No. 37742-041607.
AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke
(1979), as amended, and the Official Zoning Map, City of Roanoke, I
Virginia, dated December 5, 2005, as amended, by repealing Ordinance
No. 33658-120197, to the extent that it placed certain conditions on
Official Tax No. 6450101, located at 3550 Ferncliff Avenue, N. W., and
placing new proffers on the subject property; and dispensing with the
second reading of this ordinance by title.
WHEREAS, Donna S. Clark, Manager, Freeway Partners, LLC, has
filed an application to the Council of the City of Roanoke to repeal
Ordinance No. 33658-120197, adopted December 1, 1997, to the extent
such ordinance placed certain conditions upon property bearing Official
Tax No. 6450101, located at 3550 Ferncliff Avenue, N. W., and to place
new conditions proffered by the applicant on the property bearing OffiCial
Tax No. 6450101;
WHEREAS, the City Planning Commission, which 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;
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321
I
WHEREAS, a public hearing was held by City Council on such
application at its meeting on April 16, 2007, 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
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 repeal of Ordinance No. 33658-
120197, adopted December 1, 1997, to the extent such ordinance placed
certain conditions upon property bearing Official tax No. 6450101,
located at 3550 Ferncliff Avenue, N. W., and the adoption of the proffers
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.
,
,
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
I
that:
1. Ordinance No. 33658-120197, adopted by the City Council
on December 1, 1997, to the extent that it placed certain conditions on
Official Tax No. 6450101, located at 3350 Ferncliff Avenue, N. W., is
hereby REPEALED, and that the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, be amended to reflect
such action.
2. That proffers set forth in the Application for Amendment of
Proffered Conditions of Freeway Partners, LLC, Amended Application
No.3, filed in the Department of Planning, Building and Economic
Development, on March 20, 2007, are accepted and placed on the
property bearing Official Tax No. 6450101, so that such property will be
zoned CLS, Commercial Large Site District, with conditions proffered by
the applicant, and that 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, be amended to reflect such action.,
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321
I
WHEREAS, a public hearing was held by City Council on such
application at its meeting on April 16, 2007, 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
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 repeal of Ordinance No. 33658-
120197, adopted December 1, 1997, to the extent such ordinance placed
certain conditions upon property bearing Official tax No. 6450101,
located at 3550 Ferncliff Avenue, N. W., and the adoption of the proffers
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.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
I
that:
1. Ordinance No. 33658-120197, adopted by the City Council
on December 1, 1997, to the extent that it placed certain conditions on
Official Tax No. 6450101, located at 3350 Ferncliff Avenue, N. W., is
hereby REPEALED, and that the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, be amended to reflect
such action.
2. That proffers set forth in the Application for Amendment of
Proffered Conditions of Freeway Partners, LLC, Amended Application
No.3, filed in the Department of Planning, Building and Economic
Development, on March 20, 2007, are accepted and placed on the
property bearing Official Tax No. 6450101, so that such property will be
zoned CLS, Commercial Large Site District, with conditions proffered by
the applicant, and that 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, be amended to reflect such action.
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322
3. Pursuant to the prOVISions of 9.12 of the City Charter, the I
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~~I1J'f1~hJ
Stephanie M. Moon
City Clerk
~.UA~
C. Nelson Harris
Mayor
INASMUCH AS ORDINANCE NO. 37743 WAS ADOPTED WITHOUT A
DISPENSING WITH THE SECOND READING PROVISION ON APRIL 16.
2007. THE ORDINANCE WAS READ AGAIN AND ADOPTED ON ITS
SECOND AND FINAL READING ON AUGUST 6. 2007.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 16'h day of April, 2007.
:;.' . '.
.~..
No. 37744-041607.
AN ORDINANCE to appropriate funding from the Commonwealth
and from local revenues to the Department of Social Services and
Comprehensive Services Act, 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
Salary Lapse
Health Department
Civic Mall Rent
01-300-9410-1090
($266,924.00)
(41,796.00)
I
01-630-5110-3071
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Fraud Free Program
ADC Foster Care
Special Needs Adoption
Purchased Services
Foster Care Therapeutic
& Other
Revenues
Sales Tax
Foster Care
General Administration
Employment Services
CSA-State
Purchasing Card Rebate
01-630-5313-3195
01-630-5314-3115
01-630-5314-3130
01-630-5316-3160
01-630-5410-3181
01-]] 0-1234-0201
01-110-1234-0675
01-110-1234-0676
01-110-1234-0681
01-110-1234-0692
01-110-1234-0900
323
3,000.00
880,000.00
300,000.00
95,000.00
2,600,000.00
$ 400,000.00
1,180,000.00
3,000.00
95,000.00
1,801,280.00
90,000.00
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:
~h7. h-;d~
Stephanie M. Moon
City Clerk
C\M~
c. Nelson Harris
Mayor
324
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[ THIS PAGE IS INTENTIONALLY LEFT BLANK]
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7'hday of May, 2007.
No. 37745-050707.
A RESOLUTION approving the recommendation of the Roanoke
Valley Regional Cable Television Committee to approve the annual
operating budget for Fiscal Year 2007-2008 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 2007-2008 for the operation of RVTV and has requested that the
City of Roanoke approve that budget;
I
WHEREAS, the Committee is comprised of representatives from the
City of Roanoke, Roanoke County, and the Town of Vinton and these
jurisdictions have agreed to provide funding for the purposes for which
the Committee was created, including the support of the operation of a
regional government and educational access station, RVTV;
WHEREAS, such jurisdictions have agreed to provide funding as
provided for in the agreement creating the Committee and the Committee
has recommended that the City of Roanoke provide partial funding to
RVTV in the amount of $176,650.00, 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 $339,711.00 for Fiscal Year 2007-2008
for the operation of the regional government and regional educational
access station, RVTV, as set forth in a letter to this Council dated May 7,
2007, is hereby approved.
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2. The amount of $176,650.00 will be provided by the City of I
Roanoke as its prorata share for the annual operational budget for RVTV
for the Fiscal Year 2007-2008 as requested in the letter to this Council
dated May 7,2007.
APPROVED
ATTEST:
~h,.~
Stephanie M. Moon
City Clerk
c/~~.
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7'h day of May, 2007.
No. 37746-050707.
A RESOLUTION accepting the Anti Gang Initiative funding grant I
made to the City from the U. S. Department of Justice through the
Virginia Association of Chiefs of Police (VACP), administering agency, and
authorizing execution of any required documentation on behalf of the
City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the Anti Gang
Initiative funding grant offered by the U. S. Department of Justice in the
amount of $39,979.00 upon all the terms, provisions and conditions
relating to the receipt of such funds. The grant, which requires no match
by the City, is more particularly described in the letter of the City
Manager to Council, dated May 7, 2007.
2. The City Manager and the City Clerk are hereby authorized to
execute, seal, and attest, respectively, any grant agreement and all
necessary documents required to obtain, accept, implement, administer,
and use the grant, all such documents 'to be approved as to form by the
City Attorney.
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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:
~_....:~.) /n.l?JtNW
C0~~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of May, 2007.
No. 37747-050707.
AN ORDINANCE to appropriate funding from the U.S. Department
of Justice Project Safe Neighborhood Program, through the Virginia
Association of Chiefs of Police, for operation of a juvenile curfew center,
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
Temporary Employee Wages
FICA
Administrative Supplies
Revenues
Curfew Center Grant FY07
35-640-3559-1003
35-640-3559-1004
35-640-3559-1120
35-640-3559-2030
$ 20,000.00
15,280.00
2,699.00
2,000.00
35-640-3559-3559
39,979.00
328
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:
~1r7. rr;D~
Stephanie M. Moon
City Clerk
c/~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of May, 2007.
No. 37748-050707.
A RESOLUTION authorizing the acceptance of an Employee
Advancement for TANF Participant grant under the Temporary Assistance I
to Needy Families (TANF) Project from the Virginia Department of Social
Services (VDSS) for the purpose of maintaining and improving existing
services to eligible TANF recipients; authorizing the' City of Roanoke to
serve as the primary fiscal agent for the distribution of such funds to the
provider agencies serving 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 for certain provider agencies which will enable them to obtain
employment or, where appropriate, an alternate disability income, in the
amount of $205,000.00, for a period commencing June 1, 2007, through
November 30, 2007, and may be extended through November 30, 2007,
should additional funding become available, as set forth in the City
Manager's letter to Council dated May 7, 2007, is hereby ACCEPTED.
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329
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 provider agencies serving the Southwest Virginia
Regional Employment Coalition providing that Roanoke County may
access $12,458.00 of such grant directly from the VDSS.
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
ATTEST:
~ hi. h;D~
c.~~~
C. Nelson Harris
Mayor
Stephanie M. Moon
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7'h day of May, 2007.
No. 37749-050707.
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 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
Fees for Professional Services 35-630-8858-2010 $192,542.00
Revenues
SWVA Regional Coalition FY07 35-630-8858-8858 192,542.00
330
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:
)r,. n;D~
Stephanie M. Moon
City Clerk
c/V\~~
c. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of May, 2007.
No. 37750-050707.
A RESOLUTION authorizing the acceptance of a one time grant to
the City of Roanoke Department of Social Services from the Virginia I
Department of Social Services for the purpose of assisting in the
recruitment and training of child care providers to eligible Temporary
Assistance to Needy Families (TANF) recipients; 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 in the amount of $10,000.00 awarded to the City
of Roanoke Department of Social Services from the Virginia Department
of Social Services for the purpose of assisting in the recruitment and
training of child care providers to eligible TANF recipients, as set forth in
the City Manager's letter to Council dated May 7, 2007, is hereby
ACCEPTED.
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2. The City Manager is hereby authorized to execute any and all
requisite documents, pertaining to the City's acceptance of these funds
and to furnish such additional information as may be required in
connection with the City's acceptance of these grant funds. All
documents shall be approved as to form by the City Attorney.
APPROVED
ATTEST:
m. hJo~
Stephanie M. Moon
City Clerk
-
CI~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7'h day of May, 2007.
No. 37751-050707.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia for the Child Care Provider Training Grant, amending and
reordaining certain sections of the 2006-2007 Grant Fund
Appropriations, and dispensing with the second reading by title of this
ordinance. -
BElT 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:
Aoorooriations
Advertisina 35-630-8889-2015 $3,500.00
Proaram Activities 35-630-8889-2066 6,500.00
Revenues
Child-Care Provider 35-630-8889-8889 10,000.00
Trainina FY07
332
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:
Stephanie M. Moon
City Clerk
GL{~~~
c. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7'h day of May, 2007.
,
,
"
No. 37752-050707.
"<"
AN ORDINANCE to appropriate insurance proceeds from a vehicular I
accident to repairs of the Jamison Avenue police satellite station,
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:
01-440-4330-3057
32,525.00
01-110-1234-0865
32,525.00
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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?h-;Oh-V
-
Stephanie M. Moon
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7'h day of May, 2007.
No. 37753-050707.
A RESOLUTION authorizing the execution of a license agreement
with Valley View Mall, LLC, through its agent, CBL & Associates
Management, Inc., and authorjzing the waiver of the City's sovereign
immunity to the extent provided in such license agreement.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized to execute, for and on
behalf of the City, upon form approved by the City Attorney, a license
agreement relating to the City's use of Valley View Mall for the placement
of a library system kiosk for the purpose of picking up and returning
library materials, providing patrons with access to library system
information and for such other purposes, as set forth in the City
Manager's letter to this Council dated May 7, 2007.
334
2. Council hereby waives its sovereign immunity with regard to
the City's use of Valley View Mall, in connection with the placement of a I
library system kiosk, to the extent provided in the license agreement.
APPROVED
ATTEST:
~ ('Y). rY;Dh--J
Stephanie M. Moon
City Clerk
Q.WQ~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of May, 2007.
No. 37754-050707.
AN ORDINANCE authorizing the City Manager's issuance and
execution of Amendments to the City's Contract with Waco, Inc., for I
asbestos and lead abatement services to increase retroactively the
amount of the Contract for the Contract years ending November 25,
2005, and November 25, 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. The City Manager is hereby authorized, for and on behalf of
the City, to issue and execute Amendments to the City's Contract with
Waco, Inc., for asbestos and lead abatement services, as more fully set
forth in the City Manager's letter to Council dated May 7, 2007.
2. The form of the Amendments shall be approved by the City
Attorney.
3. Such Amendments will provide authorization for an increase
in the amount not to exceed figure of the Contract of an additional
$88,188.97 for asbestos and lead abatement services for the Contract
year November 26, 2004, through November 25, 2005, and $123,534.58
for the Contract year November 26, 2005, through November 25, 2006,
as set forth in the City Manager's letter to Council dated May 7, 2007.
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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:
~fh.OY)~
Stephanie M. Moon
City Clerk
cLkQ-- ~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7'h day of May, 2007. .
No. 37755-050707.
I
AN ORDINANCE authorizing the City Manager's issuance and
execution of additional Amendments to the City's contract with Strahle
Construction Company, Inc., for additional lead-based paint hazard
control work for the Lead-Safe Roanoke 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 hereby authorized, for and on behalf of
the City, to issue and execute such additional Amendments as the City
Manager deems appropriate to the City's contract with Strahle
Construction Company, Inc., for additional lead-based paint hazard
control work for the Lead-Safe Roanoke program, all as more fully set
forth in the City Manager's letter to this Council dated May 7,2007.
2. The form of such Amendments shall be approved by the City
Attorney.
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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
$100,000.00, so that such contract amount may be increased by such
Amendments up to a total of $250,000.00, all as set .forth in the above
letter.
336
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
I
ATTEST:
~ Irt. h;{)wV
Stephanie M. Moon
City Clerk
L.~~
c. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of May, 2007.
No. 37756-050707.
AN ORDINANCE authorizing the City Manager's issuance and
execution of additional Amendments to the City's contract with D. E.
Eakin & Sons, Inc., for additional lead-based paint hazard control work for I
the Lead-Safe Roanoke 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 hereby authorized, for and on behalf of
the City, to issue and execute such additional Amendments as the City
Manager deems appropriate to the City's contract with D. E. Eakin & Sons,
Inc., for additional lead-based paint hazard control work for the Lead-Safe
Roanoke program, all as more fully set forth in the City Manager's letter
to this Council dated May 7, 2007.
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
$100,000.00, so that such contract amount may be increased by such
Amendments up to a total of $250,000.00, all as set forth in the above
letter.
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337
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:
~h?~0~
L: Udb-~
C. Nelson Harris
Mayor
Stephanie M. Moon
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7'h day of May, 2007.
~.'" ,cNo. 37757-050707.
)
,/:.'
A RESOLUTION authorizing the City Manager's issuance' and
execution of Amendment NO.2 to the City's Three Year Bridge, Culvert,
Sign, and Parking Garage Inspection contract with Hayes, Seay, Mattern &
Mattern, Inc., for additional engineering services for the third 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.2 to the City's Three Year
Bridge, Culvert, Sign, and Parking Garage Inspection contract with Hayes,
Seay, Mattern & Mattern, Inc., for additional engineering services, all as
more fully set forth in the City Manager's letter to Council dated May 7,
2007.
2. The form of the Amendment shall be approved by the City
Attorney.
338
3. Such Amendment' No. 2 will provide authorization for I
additions to the work, with an increase in the amount of the contract of
an additional $71,900.00, all as set forth in the above letter.
APPROVED
ATTEST:
dn. rr-;~b'N
Stephanie M. Moon
City Clerk
Q,Ud~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7'h day of May, 2007.
No. 37758-050707.
I
A RESOLUTION authorizing the City Manager's issuance and
execution of Amendment No.3 to the City's Three Year Bridge, Culvert,
Sign, and Parking Garage Inspection contract with Mattern & Craig, Inc.,
for additional engineering services for the third 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.3 to the City's Three Year
Bridge, Culvert, Sign, and Parking Garage Inspection contract with
Mattern & Craig, Inc., for additional engineering services, all as more fully
set forth in the City Manager's letter to Council dated May 7, 2007.
2. The form of the Amendment shall be approved by the City
Attorney.
'-"';Y
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3. Such Amendment No. 3 will provide authorization for
additions to the work, with an increase in the amount of the contract of
an additional $52,800.00, all as set forth in the above letter.
APPROVED
ATTEST:
d'r) r 'tv-; () ~
Stephanie M. Moon
City Clerk
e:U4~
c. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7'h day of May, 2007.
No. 37759-050707.
A RESOLUTION authorizing the City Manager" (0 'enter. into a
Memorandum of Understanding with Roanoke COImty -'(or the
continuation of therapeutic recreation services, 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, a Memorandum of
Understanding with Roanoke County for the continuation of therapeutic
recreation for a period of up to five years, similar in form to the
Agreement attached to the City Manager's letter dated May 7, 2007, to
City Council, and approved as to form by the City Attorney, as is more
particularly set forth in the City Manager's letter dated May 7, 2007, to
City Council.
APPROVED
ATTEST:
AYt~. --m. hJo~
Steplianie M. Moon
City Clerk
C '~A-~
C. Nelson Harris
Mayor
340
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 7'h day of May, 2007.
No. 37760-050707.
AN ORDINANCE to transfer funding from the Capital Projects Fund
Contingency to the Williamson Road Fire/EMS Station 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:
A ro riations
Capital Fund Projects Fund 08-530-9575-9220 $(78,925.00)
Contin enc
A ro riated from General Revenue 08-530-9681-9003 78,925.00
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
ATTEST:
- chi. ~Oo.--J
Stephanie M. Moon
City Clerk
C.1AJ!'l-r~
c. Nelson Harris
Mayor
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I
341
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of May, 2007.
No. 37761-050707.
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
(RRMM) for additional professional services for the Williamson Road Fire
Station 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 (RRMM) for additional
professional services for the Condition Assessment for the Williamson
Road Fire Station Project, all as more fully set forth in the City Manager's
letter to this Council dated May 7, 2007. Ii
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
$54,325.00, all asset forth in the above letter.
APPROVED
ATTEST:
:. - (),. hjDo-.v
Stephanie M. Moon
City Clerk
C\{~~
C. Nelson Harris
Mayor
342
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 7'h day of May, 2007.
No. 37762-050707.
A RESOLUTION authorizing the City Manager's issuance and
execution of additional Amendments to the City's contract with Sutton-
Kennerly & Associates, Inc., for additional professional services for the
Condition Assessment for the Market Garage 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 Sutton-Kennerly & Associates, Inc.,
for additional professional services for the Condition Assessment for the
Market Garage Project, all as more fully set forth in the City Manager's
letter to this Council dated May 7,2007.
2. The form of such Amendments shall be approved by the City
Attorney.
I
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
$146,000.00, all as set forth in the above letter.
APPROVED
ATTEST:
ltP~ (r). rv;D~
Stephanie M. Moon
City Clerk
C?: ~~
C. Nelson Harris
Mayor
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343
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 14th day of May, 2007.
No. 37763-051407.
A RESOLUTION providing for the establishment of certain fees as
set out below to be charged to contract jurisdictions for their employees
attending the Roanoke Police Academy; providing for an effective date;
and directing amendment of the Fee Compendium.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The fee for jurisdictions that have a contract with the City to
train their sworn officers at the Roanoke Police Academy is hereby set at
$275.00 per officer, as more particularly described in the letter of the
City Manager to Council dated May 14, 2007.
2. The above mentioned fee will be effective July 1, 2007.
I
3. The Fee Compendium of the City, maintained by the Director
of Finance and authorized and approved by the City Council by
Resolution No. 32412-032795, adopted March 27, 1995, effective as of
that date, as amended, shall be amended to reflect the new fee to be
charged by the Roanoke Police Academy.
APPROVED
ATTEST:
~rn.IY)()~
Stephanie M. Moon
City Clerk
c.~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 14th day of May, 2007.
No. 37764-051407.
I
A RESOLUTION providing for the adoption of certain new fees as
set out below to be charged by the Roanoke Fire-EMS Department;
344
providing for an effective date; and directing amendment of the Fee
Compendium.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
I
1. An inspection fee of $25.00 to be charged by the Fire-EMS
Department, more particularly described in the letter of the City Manager
to Council, dated May 14, 2007, is hereby established for the following'
types of inspections:
Aerosol Products Floor Finishina Assemblv/Education
Amusement Buildinas Hazardous Materials Private Hvdrants
Aviation Facilities HPM Facilities Pvroxvlin Plastics
Carnivals and Fairs Hioh Pile Storaae Refriaeration Eauioment
Batterv Systems Hot Work Ooerations Reoair Garaaes and Storace of
Combustible Dust-Producing Industrial Ovens Scrap Tires and Tire by Products
Operations
Combustible Fibers liquid or Gas Fueled Vehicles Temporary Membrane Structures
Compressed Gas Eouipment in Assembly Buildinos Tent and Canopies
Crvooenic Fluids LP Gas Tire Rebuildino Plants
Drv Cleanino Plants Maqnesium Waste Handlinq
Exhibits and Trade Shows Miscellaneous Combustible Records Verification (Site Studies)
Storaoe
Flammable and Combustible Organic Coatings
Liauids
2. The above mentioned fees will be effective July 1, 2007.
I
3. The Fee Compendium of the City, maintained by the Director
of Finance and authorized and approved by the City Council by
Resolution No. 32412-032795, adopted March 27,1995, effective as of
that date, shall be amended to add the new fee to be charged by the Fire-
EMS Department.
APPROVED
ATTEST:
c::..~~
~rn.fYJD~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
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345
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 14th day of May, 2007.
No. 37765-051407.
A RESOLUTION providing for an amendment of the fees charged at
Center in the Square Garage, Church Avenue Garage, Elmwood Park
Garage, Gainsboro Garage, Market Garage, Tower Garage, Elmwood Lot,
Higher Ed Center Lot, Market Lot, Warehouse Row Lot, and Williamson
Lot; authorizing the City Manager to modify, waive, or reduce such
parking fees under certain conditions; providing for assessment of
certain fees for late payment or nonpayment of such parking fees;
authorizing the City Manager to issue guidelines to implement,
administer, and enforce such fees; and directing amendment of the Fee
Compendium.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The parking fees for the Center in the Square Garage shall be
amended in accordance with the following new fee schedule effective
July 1, 2007:
Center in the Square Garage
Current Fee Schedule
New Fee Schedule
Monthly $85/mo Monthly $90/mo
rese rved $65/mo rese rved $70/mo
Monthly Monthly
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 5 pm $.75 8 am to 4 pm $1.00
0-.5 hr. $1.50 Per.5 hr. $6.00
.5-1 hr. $2.25 over 2.5 hrs.
1-1.5 hrs. $3.00
1.5-2 hrs. $3.75
2.0-2.5 hrs. $4.25
2.5-3 hrs. $5.00
over 3 hrs.
Short term $2.00 flat rate Short term $3.00 flat rate
weeknights weeknights
5 Dm to 90m 4 pm to 9 Dm
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Saturday FREE Short term $3.00 flat rate
Saturday
8 am to 9 pm
Sunday FREE Sunday FREE
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2. The parking fees for the Church Avenue Garage shall be
amended in accordance with the following new fee schedule effective
July 1, 2007:
Church Avenue Garage
Current Fee Schedule
New Fee Schedule
Monthly $65/mo Monthly $65/mo
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 5 pm $.75 8 am to 5 pm $1.00
0-.5 hr. $1.50 Per .5 hr. $6.00
.5-1 hr. $2.25 over 2.5 hrs.
1-1.5 hrs. $3.00
1.5 -2 hrs. $3.75
2-2.5 hrs. $4.25
2.5-3 hrs. $5.00
over 3 hrs.
Enter Monday- FREE Short term $2.00 flat rate
Friday after 5 weeknights
pm 5 om to 9 pm
Saturday FREE Saturday FREE
Sunday FREE Sunday FREE
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3. The parking fees for the Elmwood Park Garage shall be
amended in accordance with the following new fee schedule effective
July 1, 2007:
Elmwood Park Garage
Current Fee Schedule
New Fee Schedule
Monthly $65/mo Monthly $65/mo
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 5 pm $.75 8 am to 5 pm $1.00
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347
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0-.5 hr. $1.50 Per .5 hr. $6.00
.5-1 hr. $2.25 over 2.5 hrs.
1-1.5 hrs. $3.00
1.5-2 hrs. $3.75
2-2.5 hrs. $4.25
2.-3 hrs. $5.00
over 3 hrs.
Enter Monday- FREE Short term $2.00 flat event*
Friday after 5 weeknights rate
pm 5 pm to 9 pm
Saturday FREE Short term $2.00 flat event*
Saturday rate
8 am to 9 om
Sunday FREE Short term $2.00 flat event*
Sunday rate
8 am to 9 om
4. The parking fees for the Gainsboro Garage shall be amended
in accordance with the following new fee schedule effective July 1, 2007:
I Gainsboro Garage
Current Fee Schedule
New Fee Schedule
I
Monthly $35jmo Monthly $35jmo
reserved $17.50jmo reserved $17.50jmo
Monthly student Monthly student
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 4 pm $.50 8 am to 4:30 pm $.50
0-.5 hr. $1.00 Per .5 hr. $5.00
.5-1 hr. $1.50 over 4.5 hrs.
1-1.5 hrs. $2.00
1.5 -2 hrs. $2.50
2-2.5 hrs. $3.00
2.5-3 hrs. $3.50
3-3.5 hrs. $4.00
over 3.5 hrs.
Enter Monday- FREE Short term $2.00 flat rate
Friday aher 5 weeknights
om 4:30 om to 9 om
348
Saturday FREE Saturday FREE
Sundav FREE Sundav FREE
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5. The parking fees for the Market Garage shall be amended in
accordance with the following new fee schedule effective July 1, 2007:
Market Garage
Current Fee Schedule
New Fee Schedule
Monthly $85/mo Monthly $85/mo
reserved $65/mo reserved $65/mo
Monthly Monthly
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 5 pm $.75 8 am to 4 pm $1.00
0-.5 hr. $1.50 Per .5 hr. $6.00
.50-1 hrs. $2.25 over 2.5 hrs.
1-1.5 hrs. $3.00
1.5-2 hrs. $3.75
2-2.5 hrs. $4.25
2.5-3 hrs. $5.00
over 3 hrs.
Enter Monday- FREE Short term $2.00 flat rate
Friday after 5 weeknights
pm 4 pm to 9 pm
Saturday FREE Short term $2.00 flat rate
Saturday
8 am to 9 pm
Sundav FREE Sundav FREE
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6. The parking fees for the Tower Garage shall be amended in
accordance with the following new fee schedule effective July 1, 2007:
Tower Garage
Current Fee Schedule
New Fee Schedule
Monthly $85/mo Monthly $85/mo
reserved $65/mo reserved $65/mo
Monthly Monthly
unreserved unreserved
Short term Short term
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349
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weekdays weekdays
8 am to 5 pm $.75 8 am to 5 pm $1.00
0-.5 hr. $1.25 Per .5 hr. $6.00
.5-1 hr. $2.25 over 2.5 hrs.
1-1.5 hrs. $3.00
1.5-2 hrs. $3.75
2-2.5 hrs. $4.25
2.5-3 hrs. $5.00
over 3 hrs.
Enter Monday- FREE Short term $2.00 flat rate
Friday after 5 weeknights
om 5 om to 9 om
Saturday FREE Short term $2.00 flat rate
Saturday
8 am to 9 pm
Sundav FREE Sundav FREE
7. The parking fees for the Elmwood Lot shall be amended in
accordance with the following new fee schedule effective July 1, 2007:
Elmwood Lot
I
Current Fee Schedule
New Fee Schedule
I
Monthly $43/mo Monthly $43/mo
un rese rved unreserved
Short term Short term
weekdays weekdays
8 am to 5 pm $.75 8 am to 5 pm $.75
0-.5 hr. $1.50 Per .5 hr. $5.00
.5-1 hr. $2.25 over 3 hrs.
1-1.5 hrs. $3.00
1.5-2 hrs. $3.75
2-2.5 hrs. $4.50
2.5-3 hrs. $5.00
over 3 hrs.
Enter Monday- FREE Short term $2.00 flat event*
Friday after 5 weeknights rate
om 5 nm to 9 pm
Saturday FREE Short term $2.00 flat event*
Saturday rate
8 am to 9 pm
Sunday FREE Short term $2.00 flat event*
Sunday rate
8 am to 9 pm
350
8. The parking fees for the Higher Ed Center Lot shall be
amended in accordance with the following new fee schedule effective
July 1, 2007:
I
Higher Ed Center Lot
Current Fee Schedule
New Fee Schedule
Monthly $35/mo Monthly $35/mo
reserved $17.50/mo reserved $17.50/mo
Monthly student Monthly student
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 4 pm $.50 8 am to 4:30 pm $.50
0-.5 hr. $1.00 Per .5 hr. $5.00
.5-1 hr. $1.50 over 4.5 hrs.
1-1.5 hrs. $2.00
1.5 -2 hrs. $2.50
2-2.5 hrs. $3.00
2.5-3 hrs. $3.50
3-3.5 hrs. $4.00
over 3.5 hrs.
Enter Monday- FREE Short term $2.00 flat rate
Friday after 4 weeknights
pm 4:30 pm to 9 pm
Saturday FREE Saturday FREE
Sunday FREE Sunday FREE
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9. The parking fees for the Market Lot shall be amended in
accordance with the following new fee schedule effective July 1, 2007:
Market Lot
Current Fee Schedule
New Fee Schedule
Monthly $65/mo Monthly $65/mo
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 5 pm $.75 8 am t05 pm $.75
0-.5 hr. $1.50 Per .5 hr. $5.00
.5-1 hr. $2.25 over 3 hrs.
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1-1.5hrs. $3.00
1.5-2 hrs. $3.75
2-2.5 hrs. $4.25
2.5-3 hrs. $5.00
over 3 hrs.
Enter Monday- FREE Weeknights FREE
Friday after 5 after 5 pm
nm
Saturday FREE Saturday FREE
Sunday FREE Sunday FREE
10. The parking fees for the Warehouse Row Lot shall be
amended in accordance with the following new fee schedule effective
July 1, 2007:
Warehouse Row Lot
Current Fee Schedule
New Fee Schedule
I
Monthly $52.50 Monthly $52.50
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 5 pm $.50 8 am to 5 pm $.50
0-.5 hr. $1.00 Per .5 hr. $3.00
.5-1 hr. $1.50 over 2.5 hrs.
1-1.5 hrs. $2.00
1.5-2 hrs. $2.50
2-2.5 hrs. $3.00
over 2.5 hrs.
Enter Monday- FREE Short term $2.00 flat event*
Friday after 5 weeknights rate
nm 5 om to 9 om
Saturday FREE Short term $2.00 flat event*
Saturday rate
8 am to 9 om
Sunday FREE Short term $2.00 flat event*
Sunday rate
8 am to 9 om
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11. The parking fees for the Williamson Lot shall be amended in
accordance with the following new fee schedule effective July 1, 2007:
I
Williamson Lot
Current Fee Schedule
New Fee Schedule
Monthly $55/mo Monthly $55/mo
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 5pm $.75 8 am to 5 pm $.75
0-.5 hr. $1.50 Per .5 hr. $5.00
.5-1 hr. $2.25 over 3 hrs.
1-1.5 hrs. $3.00
1.5-2 hrs. $3.50
2-2.5 hrs. $4.00
2.5-3 hrs. $4.50
3-3.5 hrs. $5.00
over 3.5 hrs.
Enter Monday- FREE Short term $2.00flat event*
Friday after 5 weeknights rate
pm
Saturday FREE Short term $2.00 flat event*
Saturday rate
8 am to 9 pm
Sunday FREE Short term $2.00 flat event*
Sunday rate
8 am to 9 pm
I
12. For the purpose of this Resolution, Event Rate means parking
fees for events as designated by the City's Parking Coordinator and
applies to those parkers who are, at the time of the event, not currently
card or hang tag holders. Parking for events will be provided only as
space is available. Spaces/locations for event parking will be assigned by
the City's Parking Coordinator or designee depending upon the number
of spaces available, the overall expected attendance for such event, and
the location of the event. The posted Event Rate at such locations will
override all other posted rates at event parking locations.
13. The City Manager is hereby authorized to reduce any such
parking fees for any of the above parking facilities by up to $10.00 in
accordance with the guidelines set forth in Attachment A to the City I
Manager's letter to Council dated May 14, 2007.
353
I
14. The City Manager is hereby authorized to modify or waive the
parking fees for any of the above parking facilities for City sponsored
events or other special events, as the City Manager may deem
appropriate, all as more particularly set forth in the City Manager's letter
to Council dated May 14, 2007.
15. Any payments of monthly parking fees received more than
five calendar days after such fees are due may be assessed a late fee of
$5.00 per card in addition to the monthly rate charged. Any payment of
monthly parking fees received more than fifteen calendar days after such
fees are due is subject to a $15.00 per access card reactivation fee, as set
forth in the above mentioned letter.
16. Nonpayment of daily parking fees may subject violators to
the following fees; $10.00 if paid within the first seven days after the
violation; $17.50 if paid within seven to fourteen days after the violation;
and $25.00 if paid after fourteen days after the violation.
I
17. The parking fees set forth herein will not be applicable to
parking agreements that provide for a specific parking fee or other
method of payment for a specified period of time unless otherwise
. provided for in such agreements or until such agreements expire or are
terminated, as set forth in the above mentioned letter. Nor will such
parking fees be applicable to City parking programs except as set forth in
such program.
18. The above mentioned New Fee Schedules, charges, and
related matters will be effective July 1, 2007.
'19. The City Manager is hereby authorized to issue such
guidelines as the City Manager deems appropriate in order to implement,
administer, and enforce the fees and matters provided for in this
Resolution.
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354
20. 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 to be charged at
Center in the Square Garage, Church Avenue Garage, Elmwood Park
Garage, Gainsboro Garage, Market Garage, Tower Garage, Elmwood Lot,
Higher Ed Center Lot, Market Lot, Warehouse Row Lot, and Williamson
Lot.
APPROVED
ATTEST:
~m.yyt~
Stephanie M. Moon
City Clerk
c:..~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 14th day of May, 2007.
No. 37766-051407.
AN ORDINANCE amending and reordaining 932-217, Levied: rate,
and 932-220, Collection. of Chapter 32, Taxation, Code of the City of
Roanoke (1979), as amended; repealing 932-218, ExcePtion for certain
free admissions; 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. Sections 32-217, Levied: rate, and 32-219, Collection, of
Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended,
are hereby amended and reordained to read and provide as follows:
Sec. 32-217. Levied; rate.
A tax on the amount paid for the admission to
any place of amusement or entertainment is
hereby levied upon and shall be collected
from every person who pays an admission
charge to such place. The rate of this tax shall
I
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355
I
be (i) nine (9) percent of the stated admission
charge for each person admitted or for each
ticket sold at the city's civic centers, stadiums
and amphitheatres, and (ii) five and one-half
(5.5) percent of the stated admission charge
for each person admitted or for each ticket
sold at all other places of amusement or
entertainment. except as atl,enr.tise prOvided
in sectioll J2 218, iff any person is admitted
free to any place of amusement or
entertainment at any time when an admission
charge is made to other persons, an
eell:livalentno tax i.5 I,el eby shall be levied
upon, and shall be collected flom, such
person so admitted. free of an adn,ission
charge, vvhicl, tax shall be based Oil the price
chal ged to such other pel.50lH of the same
class f-or the same or similar accommodations.
* * *
I
Sec. 32-220. Collection.
Every person receiving any payment for admission to
any place of amusement or entertainment with
respect to which a tax is levied under this article
shall collect the amount of such tax from the person
making an admission payment at the time of such
payment. ,01 from a pelson admitted fl ee at the
tillle of such admission.lf tickets or cards of
admission are issued, the tax shall be collected at
the time of the issuance of such tickets or cards. The
tax required to be collected hereunder shall be
deemed to be held in trust by the person required to
collect the same until remitted as required by this
article.
I
356
* * *
2. Section 32-218 of Chapter 32, Taxation, Code of the City of
Roanoke (1979), as amended, is hereby REPEALED.
I
See. ]2 218. Cxception for certain free admissions.
No tax shall be pa'yable undel this article b'y'
the following, if admitted to any place of
amusemelot or el1tertainl11ellt fl ee.
(1) A bOM fide officer or emplo'yee of the
operatol of such a place.
(2) Any federal, state, city, county or to'.vn
official or employee on official business.
(3) Any pelsoll vvhose admissioll to such
place is required for the pel formal1ce of some
duty or ....ork f-or the operator of such place.
(4) Any I,evvspaper repolter, photographer,
telegl aphel, radio anl10tlliCel or person
perf-orming a similal vocation 1I'.'ho is admitted
f-or tl,e pelforl11ance of special duties in
cOloloection with any event and .....hose special
duties are the sole reason f{)l I,is pi esence.
(S) A child under twel'.e (12) years of age.
I
3. This ordinance shall be in full force and effect on and after
July 1, 2007.
4. Pursuant to Section 12, Roanoke City Charter, the second
reading by title of this ordinance is hereby dispensed with.
APPROVED
ATTEST:
ff::fJ~ In. h]d(mJ
Stephanie M. Moon
City Clerk
~U~~
C. Nelson Harris
Mayor
I
357
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 14th day of May, 2007.
No. 37767-051407.
)
AN ORDINANCE amending Article II, Vehicle Licenses, of Chapter
20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as
amended, in order to eliminate provisions requiring the issuance and
display of a license tax decal for motor vehicles, restructuring the City's
motor vehicle license tax structure and effecting certain other changes
related thereto; 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. Article II, Vehicle Licenses, of Chapter 20, Motor Vehicles and
Traffic, Code of the City of Roanoke (1979), as amended, is hereby
amended to read and provide as follows:
Sec.20-26. Required: excePtions.
I
(a) It shall be unlawful for any person to drive or operate,
or cause or permit the driving or operation of, any motor
vehicle, trailer, semitrailer or other vehicle upon which a tax
is imposed by section 20-28, on, along or across any public
street, road or alley of the city, or to allow the same to be
parked or stopped thereon, unless such vehicle is currently
licensed under the provisions of this article. The owner of
such vehicle shall obtain such license between April 15 and
May 31 of each year.
(b) No person shall be required to obtain a license under
this article for a vehicle that is exempt from annual
registration and license plates under title 46.2, chapter 6,
article 6, of the Code of Virginia, or a vehicle upon which the
city is prohibited from imposing a tax or license fee by
section 46.2-755 of the Code of Virginia.
I
(c) Any vehicle of an owner which, by change of residence
of such owner, becomes licensable by the city on or after
January 1 of any year, may be lawfully operated, parked or
stopped upon the streets, roads and public ways during the
period from January 1 of such year until expiration of the
first fifteen (15) days of the city's next current motor vehicle
358
license year; provided, in each instance, such vehicle has
been duly licensed by the locality in which such vehicle was
licensable at the time its situs for license taxation became
the city. Tne cemmissionel ef revenue snail cal:lse to be
pi epared and issl:led, vvitheut cost to the owner of evel y such
vehicle whose sitl:ls for Iicellse taxation is so changed te the
city', on applicatioll, alo appropriate identification decal or
other device to be affixed to the vchicle of any sl:lcl, ovvner
vvho is telolpolarily relie\led, as aforesaid, frol" obtaining a
lice lose under this article.
I
(d) No person shall be required to obtain a license under
this article for a vehicle which is owned solely by a person in
military service residing in the city solely by reason of
compliance with military orders, upon whose vehicle the city
is prohibited from imposing a tax or license fee by the
Soldiers' and Sailors' Civil Relief Act of 1940, 50 U.S.c. App. 9
574. Upon application to the commissioner of revell l:le , such
exempt military personnel may receive, vvitl,out cost, all
appropriate idelitification decal or other device to be affixed
to the vehicle ef such pel SOlo.
* * *
I
Sec. 20-28. Tax imposed.
An annual license tax is hereby imposed on the motor
vehicles, trailers and semitrailers listed below and operating
within the city as follows:
(a) Twenty dollars ($20.00) for each private passenger
vehicle and truck under 10,000 pounds gross vehicle weight
rating, taxicabs and other vehicles kept for rent or hire
operated with a chauffeur for the transportation of
passengers, which operate, or should operate pursuant to
permits issued by the State Corporation Commission as
required by law, and including Of motor homes, provided
such passenger vehicle or motor home is not used for the
transportation of passengers for compensation and is not
kept or used for rent or for hire, or is not operated under a
lease without a chauffeur.
(b) Thirty centsdollars ($0.3030.00) per one thousand
(1,000) pounds of weight or major fraction thereof for a
private motor vehicle, trailer or semitrailer, or school bus,
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359
I
public or private, over 10,000 pounds gross vehicle weight
rating, other than a motorcycle with a normal seating
capacity of more than ten (l0) adult persons including the
driver if such private motor vehicle is not used for the
transportation of passengers for compensation and is not
kept or used for rent or for hire or is not operated under a
lease without chauffeur; provided that in no case shall the
tax be less than twenty dollars ($20.00).
(c) Thirty cents ($0.30) per hundred (100) pounds of
weight or major fraction thereof for a school bus, public or
private; provided that in no case shall the tax be less than
twenty dollars ($20.00).
(de) Twenty dollars ($20.00) for each trailer or semitrailer
designed for use as living quarters for human beings.
I
(e) rive dollars ($5.00) in additioll to eighty cents ($0.80)
pel nundred (100) pounds of vveight 01 major fractioll
thereof f-or each motor vehicle, trailer or semitlailer kept or
I:lsed f-or rent 01 fol I,il e or operated under a lease vvithout
chat:lff-eur for the tl al1:5poltation of passengers. An additional
f-ee of five dollars ($5.00) shall be cnarged if tne venicle
vveigln in excess of fol:ll tnousand (4,000) pounds. TI,is
subsection does IlOt apply to vehicles used as common
carliels.
(f) T.vellty dollal s ($20.00) for a taxicab and otner
vehicles kept f-or rent 01 hil e operated vvith a cnauffeur fol
tne transportation 5f passengers, 'vvhich operates 51 snould
operate w,del permits issued by the corporation
con"l,ission as requil ed bY' lavv. This subsecti5n does not
applY' to vehicles used as common call iels.
(gd) Eight dollars ($8.00) for a motorcycle, with or without
a sidecar.
(he) Twenty dollars ($20.00) for a bus used exclusively for
transportation to and from Sunday school or church, for the
purpose of divine worship.
I
(if) Five Thirty dollars ($5.0030.00) in addition to seventy
cents ($0.70) per hundred (100) pounds of weight or major
fraction thereof for other passenger carrying vehicles.
360
(:tg) The l1'lal9ufacturer's snipping 'weight 01' scale
..eightgloJS vehicle ..eight I atillg shall be used for
computing all taxes required by this section article to be
based upon the weight of the vehicle. ror purposes of this
article, the term "gross \/ehicle weight rating" snail mean the
rnal"lUfacttllel '3 I I18..Xil 1It11.1 fated ca.pacity of 8. vehicle,
incluelil,g tLe vveigh! of tl.e ba:se vehicle, all added
equipment, driver and passengers, and cargo.
I
(kh) The applicant for a license bears the burden of proof
that the vehicle for which the license is sought is entitled by
weight, design and use to be licensed at the tax tendered by
the applicant.
(H) The license taxes required by section 20 28(e) and (f)
6f this Code to be paid for the operation of motor vehicles
used for rent or hire shall not be required for the operation
of any motor vehicle with a normal seating capacity of not
more than twelve (12) adult persons including the driver (i)
while used not for profit in transporting persons who, as a
common undertaking, bear or agree to bear all or a part of
the actual costs of such operation, or (ii) while used by a
lessee renting or hiring such vehicle for a period of twelve
(12) months or longer under a written lease or agreement;
and for the purpose of this section every such motor vehicle
shall be treated as a private motor vehicle for which the
annual license tax shall be twenty dollars ($20.00).
I
(mj) The license taxes to be paid by the owners of all motor
vehicles not designed and used for the transportation of
passengers shall be determined by reference to the gross
vehicle weight rating of the vehicle or combination of
vehicles of which it is a part, vvhen loaded to the l1'laXimtll1l
capacity for vvnich it is registel ed Md Iicensed;v'enicle and
according to the follo"ing schedule: provisions of this
article.
GI ass 't.'eight
G,500 Ibs. and tlnder
G,501 10,000
10,001 10,499
10,500 11,000
11,001 11,499
11,500 12,000
12,001 12,499
I
I
12,500 lJ,OOO
lJ,OOI 13,499
13,500 14,000
14,001 14,499
14,500 15,000
15,001 15,499
15,500 1 G,OOO
1 G,OOI 1 G,499
lG,500 17,000
17,001 17,499
17,500 18,000
18,001 18,499
18,500 19,000
19,001 19,499
19,500 20,000
20,001 and o'ver
361
29.50
30.80
32.40
)).80
35.50
37.00
38.80
42.00
44.00
47.40
49.GO
53.20
55.GO
59.40
G2.00
GG.OO
The tax for a pickup or panel truck shall be twenty dollars
($20.00) if the gross vehicle weight rating is * ten
thousand five I,tllleli eel (6,500)(10,000) pounds or less.
In the case of a combination of a truck or tractor truck and a
trailer or semitrailer, each vehicle constituting a part of such
combination shall be taxed as a separate vehicle, ttnd
separate vehicle Iicelue plates or decals shall be issued'
tl,el ef-OI, but, for the purpose of determining the gross
vehicle weight rating group into which any such vehicle falls,
the combination of vehicles of which such vehicle constitutes
a part shall be considered a unit, and the aggregate gross
vehicle weight rating of the entire combination shall
determine such gross vehicle weight group. The tax for a
trailer or semitrailer constituting a part of such combination
shall be seventeen twenty dollars ($t-T20.00), provided,
however, if such trailer or semitrailer exceeds a gross vehicle
weight rating of *ten thousand five hundred (G,500 10,000)
pounds such fee shall be tvventy tvvothirty dollars
($-2-2- 30.00).
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362
(nk) The license tax to be paid by the owner of a one- or
two-wheel trailer of a cradle, flatbed or open pickup type
which has a body width not greater than the width of the
motor vehicle to which it is attached at any time of
operation, which is pulled or towed by a passenger car or
station wagon, or a pickup or panel truck having an actual
gross vehicle weight rating not exceeding five thousand
(5,000) pounds, and which is used for carrying property not
exceeding one thousand five hundred (1,500) pounds at any
one (l) time, and for all trailers designed exclusively to
transport boats shall be six dollars and fifty cents ($6.50).
Nothing herein shall be construed as applying to the fees for
trailers or semitrailers designed for use as living quarters for
human beings, or to those trailers or semitrailers operated
under lease or rental agreement, or operated for
compensation.
I
(01) Notwithstanding the provisions above, upon receipt of
an application on a form prescribed by the commissioner of
revenue and receipt of written evidence from one (1) of the
armed forces that an applicant for the annual motor vehicle
license was a prisoner of war and was honorably discharged,
if not currently a member of the armed forces, the annual
motor vehicle license shall be issued with no tax being
assessed. Issuance of such free license shall be limited to
passenger vehicles and pickup or panel trucks as defined in
section 46.2-100, Code of Virginia. No individual shall be
issued a free license under this subsection for more than
one (1) vehicle. Any person who is not a person described in
this subsection and who Willfully and falsely represents
himself or herself as having the qualifications to obtain the
free annual license shall be guilty of a traffic infraction
punishable by a fine of not more than one hundred dollars
($100.00).
I
(m) Notwithstanding the provisions above, the motor
vehicle license tax for an antique motor vehicle, as defined in
and licensed pursuant to Title 46.2, Code of Virginia, shall
be a one-time tax of five dollars ($5.00). In order to qualify
for such rate, owners of such vehicles must file an
application therefore with the commissioner of revenue upon
such forms as prescribed by the commissioner. Such license
shall remain in effect for such period of time as the antique
motor vehicle is titled in the name of the applicant.
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363
I
See. 20 29. F'roratiol1 of tax.
License taxes ma'y' be prorated only in the f-ollo..ing manner:
one half of the tax shall be collected ..hen the license is
issued dU! ihg tl.e period beginnil1g 01. tl,e first day of
Decembel il1 ahy yeal and ending on the last day of rebruary
in tht: same license yeal, and one quarter of sucl. tax shall
be collee:ted Vv'hene'ver such license is issLled on or aftu the
first day of March il1 the same license year.
* * *
Sec. 20-32. Plate, taa or decal Issuance: contel1t:s ahd color
of decals. Payment of taxes required for license.
I
(a) A license 11t1mbel plate, tag or decal fur each motor
vehicle, trailer or semitrailer shall be furnished by tl,e
commissiol1el of revenue at the time the license tax as set
out in the preceding sectiohS is paid. No motor vehicle,
trailer or semitrailer shall be locally licensed unless and until
the applicant for such license shall have produced
satisfactory evidence that all personal property taxes upon
the motor vehicle, trailer, semitrailer to be licensed have
been paid and satisfactory evidence that any delinquent
motor vehicle, trailer or semitrailer personal property taxes
owing have been paid which have been properly assessed or
are assessable against the applicant by this city.
(b) Licenses of the decal type shall be issued onl'y' fur
trucks, tractOl tI LIcks, trailers, auto vvagons and motol
vehicles, ihcluding motorcycles designed to carry
passel1gers, excludil1g taxicabs, van service vel.icles and fur
nire venicles, as those terms are defined in section 34 S8 of
this Code. The size, shape, color al1d design of sLlcl, decal
shall be determined by the city mal1agel ih coordinatioh 'vvith
tl1e commissioher of revenue.
See. 20 33. Same Disolav.
I
The license plate, tag or decal issued under this alticle shall
be securely attached to the vehicle fur vvhicl, it was isstled.
License plates assigned to a motol V'ehicle shall be attached
to the flOht of such vehicle. License plates assigned to a
semitrailer shall bt: attached to the rear of stich vehicle. In
each case, tl,e license plate shall be attached il1 some
364
cOI,spicuous place thel Uln 50 it may be plainl'y' visible alod
clearly legible. ["fer'y' license of the decal type shall be
displayed on the ilnide of and 110t more than three (J)
inches fl01o1 the bottom of the vvindshield of the vehicle for
'vvhich it has beell issued, adjacent t5 alld, when possible, to
the I ight of the state inspecti51l sticker; pro'"fided, I,o'vv'e'vel,
that motorcycle decals shall be displa'yed from the left fl511t
position of the motol cycle at the left front fork 01 left fl(ll,t
position of the fuel tank; decals 010 tI ailers vvith braking
s'ystems shall be displa'y'ed next to the state ilospection
sticker; alld decals on trailers vvithout braking s'y'.sten15 shall
be displa'y'ed 010 the rear of the trailel Ioeal ti,e state license
plate.
I
Sec. 20-33.1. Salo1e Requirements: obtaininel license plate.
taa or decalvavment of tax a condition precedent to
discharqe of violations.
(a) It shall be unlawful for any owner of a motor vehicle,
trailer, or semitrailer to fail to obtaill and displa'y' allY license
plate, tag or decal required ullder thecomply with the
provisions of this article. or to display upon a motor 'vehicle,
trailer, 01 semitrailer an'y' such license plate, tag 01 decal
after its expiration date.
I
(b) A violation of this section may not be discharged by
payment of a fine except upon presentation of satisfactory
evidence that the required license plate, tag or decal has
beell obtained. tax has been paid.
(c) Local law enforcement officers are authorized to issue
citations, summonses, parking tickets, or uniform traffic
summonses for violation of this section.
(d) Every person receiving written notice from a police
officer that he or she has violated this section may waive his
or her right to appear and be formally tried for the violation
set forth in the notice upon the voluntary payment of a
penalty in the amount of forty-three dollars ($43.00). Such
penalty shall be paid to the city treasurer during the regular
business hours of the office. The city treasurer shall not
accept payment of this penalty except upon presentation of
satisfactory evidence that the required license plate, tag or
deeattax has been obtaiIH::elpaid. The city treasurer shall be
authorized to accept partial payment of the penalty due.
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365
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(e) If this penalty is not paid within fifteen (15) days of the
issuance by an officer of a notice of violation, then a penalty
of fifty-eight dollars ($58.00) 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 penalty of fifty-eight dollars ($58.00) within
fifteen (15) days of the date of such late notice. If the
violator does not pay the penalty pursuant to such late
notice, a law enforcement notice pursuant to section 46.2-
941, Code of Virginia (1950), as amended, shall be sent by
the city's department of billings and collections to the
violator. The city treasurer shall not accept payment of this
penalty except upon presentation of satisfactory evidence
that the required Iicel1se plate, tag or decal tax has been
obtainedpaid. The city treasurer shall be authorized to
accept partial payment of the penalty due.
I
(f) If the violator fails to pay the penalty provided for
above within fifteen (l5) days of receipt of a law
enforcement notice sent pursuant to section 46.2-941, Code
of Virginia (1950), as amended, the clerk of the general
district court and the officer responsible for issuing the
parking summons shall be notified of the failure to pay such
penalty, in order that a summons may be issued.
(g) In the event the commissioner of revenue or the city
treasurer is advised that any person desires to contest a
violation of this section, the commissioner of revenue or the
city treasurer shall transmit notice of such fact as soon as
possible to the city's department of billings and collections,
which shall certify such fact in writing in an appropriate form
to the clerk of the general district court.
(h) Every person tried and convicted of a violation of this
section shall be guilty of a class 4 misdemeanor, the penalty
for which shall be inclusive of the penalty set forth above for
a violation of this section. Unless otherwise ordered by the
judge in whose court this violation is tried, or in which the
same is cognizable, all fines and penalties arising under this
section shall be paid into the city treasury.
I
(i) As set forth in section 2-178.4 of the Code of the City
of Roanoke (1979), as amended, an administrative fee may
be applied to the total charges.
366
Sec. 20-33.2. Same Requirements for operation; obtaininfl
deeatvavment of license tax condition precedent to
discharqe of violations.
I
(a) It shall be unlawful for any owner of a motor vehicle,
trailer, or semitrailer to fail to obtail' anel e1isplaypay a local
license deeattax required by any ordinance of any county,
city, or town, which is a party to a regional enforcement
compact with the city and in which the vehicle is registered
or to display upon a motor vehicle, trailer, or semitrailer
"ltnVa Sttett local license decal, if one is required by the
locality, after its expiration date. The fact that the current
license tax of the situs jurisdiction has been paid on such
vehicle shall not bar prosecution for a violation of this
section.
(b) Any violation of this section by an owner of the vehicle
may not be discharged by payment of a fine except upon
presentation of satisfactory evidence that the required
license tax has been paid or that a required decal hel ein
requil eel has been obtained. Any fine paid under this section
shall be depOSited to the credit of the general fund of the
city, and no accounting need to be made thereof to the situs
jurisdiction of such vehicle.
I
(c) Local law enforcement officers are authorized to issue
citations, summonses, parking tickets, or uniform traffic
summonses for violation of this section.
(d) Every person receiving written notice from a police
officer that he or she has violated this section may waive his
or her right to appear and be formally tried for the violation
set forth in the notice upon the voluntary payment of a
penalty in the amount of forty-three dollars ($43.00). Such
penalty shall be paid to the city treasurer during the regular
business hours of the office. The city treasurer shall not
accept payment of this penalty except upon presentation of
satisfactory evidence that the required decal has been
obtained or the required license tax has been paid. The city
treasurer shall be authorized to accept partial payment of
the penalty due.
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367
I
(e) If this penalty is not paid within fifteen (15) days of the
issuance by an officer of a notice of violation, then a penalty
of fifty-eight dollars ($58.00) 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 penalty of fifty-eight dollars ($58.00) within
fifteen (15) days of the date of such late notice. If the
violator does not pay the penalty pursuant to such late
notice, a law enforcement notice pursuant to section 46.2-
941, Code of Virginia (1950), as amended, shall be sent by
the city's department of billings and collections to the
violator. The city treasurer shall not accept payment of this
penalty except upon presentation of satisfactory evidence
that the required license tax has been paid or a required
decal has been obtained. The city treasurer shall be
authorized to accept partial payment of the penalty due.
I
(f) If the violator fails to pay the penalty provided for
above within fifteen (l5) days of receipt of a law
enforcement notice sent pursuant to section 46.2-941, Code
of Virginia (1950), as amended, the clerk of the general
district court and the officer responsible for issuing the
parkil1g summons shall be notified of the failure to pay such
penalty, in order that a summons may be issued.
(9) In the event the commissioner of revenue or the city
treasurer is advised that any person desires to contest a
violation of this section, the commissioner of revenue or the
city treasurer shall transmit notice of such fact as soon as
possible to the city's department of billings and collections,
which shall certify such fact in writing in an appropriate form
to the clerk of the general district court.
(h) Every person tried and convicted of a violation of this
section shall be guilty of a class 4 misdemeanor, the penalty
for which shall be inclusive of the penalty set forth above for
a violation of this section. Unless otherwise ordered by the
judge in whose court this violation is tried, or in which the
same is cognizable, all fines and penalties arising under this
section shall be paid into the city treasury.
I
(i) As set forth in section 2-178.4 of the Code of the City
of Roanoke (1979), as amended, an administrative fee may
be applied to the total charges.
368
5 Transf-er.
Sec. 20 34. ame f a ehicle licensed
. t !ms ers v . e
lis 5r 5tnervv'Ise I ha' 'e the Iicens
Any 0'.vI1el ..ho ~~ of this article n~ay v lber tl.ereol1
under tne Pl"Ovlslol115 arel the registratl5n n~~'ing tne same
plate, tag, or ~e~~d t~ anotner vehicl~1 :e~~ilginal licensee,
assigl1ed, I eass; or decal, o'Nned by ~r trah.'if-erred. The
type of plate, ~ ; to the '.'ehicle .'iold h eassi9n1l1eht UpOl1
or at I,i.'i OptlOI, entle may allovv .'iUC r ddress of tne
co'mmis.'iioner of,rev 10 ill9 the name a~dl a to '''nich the
.. n 1m s 1 vv I .,/e hie e .. b
application to de.'icription of t,e licati511 sl,all e
applicall~ and ~e tran.'if-erred. The a,~,~ dollar.'i ($2.00},
Iicen.'ie IS to b t1ansfer fee of t.. due 'tinder thiS
' d are tax d
accompanlc y dditiol1al Icel15 , d No I eftln
'''ith al1y a . I be license . 'd
togethel .. t to tne 'v'ehlc e to I f-ormer tax P!l.I
article ..ith re.'ip;c. the (<Be '.'.here t Ie the vehicle to
I all be allovve II, 'd "'ith le.'ipect to f d '''here
.'11 to be pal .. tran.'i erre . "
exceed.'i the tax te tag 5r decal v.as, t registration
'vvnich the license ~~.'i t'he i.'i.'itlance of a dlffel e:r decal, sucn
such transf'fl reqUlr t to a license plate, tagdered.
ltlllbel with respec d nlU.'it first be surren
I, 'sl is.'itle
device pre'"lou y
Same Reftllld. ,
See 20 34.1. . tax of tlm
. the Iicel1se I
"ehicle subject to , disposes of StlC 1
An'y' mimeI' of I~ v nalufers, 5r otherv~~~ not tI alufer tne
al ticle ..n~ .'Ie 'December 1 and ~ d b" section 20 34,
venicle pnol to 01 decal, as authom:e d y decal to the
l;c..", pi,,,, ,:g. mh ""d "' ~'f':,"; J'"""Y ) I of ~h'
ma'y surren eof tne revenue 5n 01 e Iicen.'ie taxpayer 5 a
commiSSl5nu U on surrender by ally r decal al1d pi OP~I
same tax yeal. dp license plate, tag 0 el ue a refund 111
used or Ullt1.'ie onll11issioner of the I ev t~x ~hall be .'ieht
applicatioll to the cnalf ( 1/2) of ti,e Ilcel1.'ile license plate, tag
the amount of ol~e . 'enicle at tne time JtlC I
to the o..neF of t e v
d I '''as issued.
01 era vv
Rel5lacemellt.
See. 20 J S. Same , ued under tl,is
01 decal 1.'1.'1 I 't "as
late tag hic 1 I '..
In the ~"ient a 1~~~n~~qV~er ~f the vehiC~:n:~~is~viollel of the
article 1.'1 I~.'ir th ith obtaih fl om t~e refer the SUll'l of t..o
issued shal 0;, liv;e alld .'ihall pay t le
revenue Ii dup Ie
dolllil.'i ($2.00).
I
(
I
I
369
I
2. This ordinance shall be in full force and effect on and after
January 1, 2008.
3. Pursuant to Section 12, Roanoke City Charter, the second
reading by title of this ordinance is hereby dispensed with.
APPROVED
ATTEST:
~ r>1.IYJNYV
Stephanie M. Moon
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 14th day of May, 2007.
I
No. 37768-051407.
AN ORDINANCE amending Article II, Real Estate Taxes Generallv,
Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as
amended, by the addition of a new Division 9, Tax Rate for Certain
Eneroy-Efficient Buildinos, consisting of 9932-103.20 through 32-103.27,
in order to provide a special tax rate for certain energy-efficient
buildings; providing for an effective date; and dispensing with the second
reading by title paragraph of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke, as follows:
1. Article II, Real Estate Taxes Generallv, Chapter 32, Taxation,
of the Code of the City of Roanoke (1979), is hereby amended by the
addition of a new Division 9, Tax Rate for Certain Enerov-Efficient
Buildings, consisting of 9932-103.20 through 32-103.27, which shall
read and provide as follows:
I
370
ARTICLE II. REAL ESTATE TAXES GENERALLY
* * *
I
DIVISION 9.
TAX RATE FOR CERTAIN ENERGY-EFFICIENT BUILDINGS
~32-1 03.20. Definitions.
The following words, terms and phrases, when used in
this division shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different
meaning:
Energy-efficient building means any building that exceeds the
energy efficiency standards prescribed in the Virginia
Uniform Statewide Building Code by 30 percent.
~32-103.21. Granted.
Energy-efficient buildings, not including the real estate
or land on which they are located, are hereby declared to be
a separate class of property and constitute a classification
for city taxation separate from other classifications of real
property. Owners of real estate in the City on which energy-
efficient buildings are or have been constructed shall pay
such tax on such building at the rate levied by City Council
for such class of property, which rate shall not exceed that
applicable to the general class of real property, subject to the
limitations and conditions prescribed by this division and by
state law.
I
~32-1 03.22. Administration.
This division shall be administered by the director of
the department of planning, building and economic
development, the director of real estate valuation,
commissioner of revenue, and the treasurer. Such officials
are hereby authorized and directed to adopt and enforce
such reasonable rules and regulations, not in conflict with
the provisions of this division, as may be reasonably
necessary to determine the value of an energy-efficient
building and its eligibility for the special tax rate provided for
by this division including, without limitation, requiring the
I
371
I
production of documents and the furnishing of answers
under oath.
g32-103.23. Requirements.
The special tax rate provided by this division shall be
granted to applicants meeting the following requirements:
(1) The title to the property for which it
is claimed is held, or partially held, by the
person claiming the exemption.
(2) As required by Sec. 58.1-233. I,
Code of Virginia, the applicant shall submit a
certification that the building has been
determined to be an energy-efficient building by
a qualified licensed engineer or contractor who is
not related to the applicant, which licensed
engineer or contractor shall certify to the
applicant that he or she has the qualifications to
provide such certification.
I
g 32-103.24. Application generally.
(a) The person claiming eligibility under this division
must file an application with the department of planning,
building and economic development on forms provided for
that purpose.
(b) The application must be accompanied by the
certification required by See. 32-103.22 (2).
g32-103.25. Approval and certification of application.
If after receipt of a completed application under this
division and an inspection of the energy-efficient building, the
department of planning, building and economic development
determines that the eligibility requirements have been met,
it shall approve and certify the application and transmit the
same to the local assessing officer.
I
372
932-103.26. Determination of value by local assessing
officer.
I
Upon receipt of a certificate from the department of
planning building and economic development pursuant to
this division, the local assessing officer shall proceed to
assess the property.
932-103.21. Effective date and duration.
Eligibility for the special tax rate provided in this
division shall be effective beginning the first day of the tax
year next succeeding the certification of the department of
planning building and economic development and shall
remain in effect for such tax year and the following four (4)
tax years.
2. This ordinance shall take effect July 1,2007.
3. Pursuant to 912 of the Roanoke City Charter, the second
reading by title paragraph of this ordinance is hereby dispensed with.
APPROVED
I
ATTEST:
~m. fY)~b>1.J
Stephanie M. Moon
City Clerk
~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 14'h day of May, 2007.
No. 37769-051407.
AN ORDINANCE amending 932'16, Levied: rate, Code of theCity of
Roanoke (1979), as amended, to provide for the real estate tax rate at a
rate of $1.19 on every one hundred dollars of fair market value and at a
rate of $1.07 for certain energy-efficient buildings; providing for an
effective date; and dispensing with the second reading by title of this I
ordinance.
373
I
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 32-16, Levied; rate, Code of the City of Roanoke
(1979), as amended, is amended as follows:
932-16. Levied: rate.
I
Pursuant to 92, 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, 2007, 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, and at the rate of one dollar
and seven cents ($1.07) on every one hundred dollars
($100.00) of the fair market value of buildings that qualify
for the special rate for certain energy-efficient buildings
pursuant to Division 9, Tax Rate for Certain Enerav-Efficient
Buildinqs, of Chapter 32, Taxation, of this Code.
2. This ordinance shall be in .full force and effect on and after
July 1, 2007.
3. Pursuant to Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~In. h)IITN
Stephanie M. Moon..
City Clerk
I
374
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 14'h day of May, 2007.
No. 37770-051407.
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,
2007, and ending June 30, 2008; and dispensing with the second reading
by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. That all money that shall be paid into the City Treasury for the
General, Civic Facilities, Parking, Market Building,' Department of
Technology, Fleet Management, Risk Management, School, School Food
Services and Grant Funds in the fiscal year beginning July 1, 2007, and
ending June 30, 2008, 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:
I
General Fund
Revenues
General Property Taxes
Other Local Taxes
Permits, Fees and Licenses
Fines and Forfeitures
Revenue from Use of Money and Property
Intergovernmental Revenue
Charges for Current Services
Miscellaneous
Total Revenues
Appropriations
Treasurer
Clerk of Circuit Court
Juvenile and Domestic Relations Court Services
Juvenile and Domestic Relations
Magistrate
General District Court
$96,801,000.00
74,210,000.00
1,224,000.00
1,367,000.00
872,000.00
66,262,000.00
11,048,000.00
731,000.00
$252,515,000.00
$ 970,440.00
1,460,891.00
1,727,681.00
27,533.00
2,954.00
41,732.00
I
375
Circuit Court 547,964.00
I Commissioner of the Revenue 1,051,059.00
Sheriff $2,359,380.00
Jail 14,371,159.00 16,730,539.00
Commonwealth's Attorney $1,629,296.00
Cost Collections Unit 77,616.00 1,706,912.00
City Council 246,446.00
City Attorney 932,442.00
City Clerk 588,076.00
Municipal Auditing 633,962.00
Department of Finance $2,114,091.00
Office of Billings and Collections 746,094.00
Real Estate Valuation 1,064,735.00
Board of Equalization 21,174.00 3,946,094.00
I Residual Fringe Benefits 2,099,749.00
Miscellaneous 100,000.00
Transfers to School Fund 61,386,632.00
Transfers to Greater Roanoke Transit Company 1,370,500.00
Transfers to Debt Service Fund 19,051,062.00
Transfer to Other Funds 6,659,643.00
Electoral Board 328,431.00
Office of Communications 669,368.00
City Manager 799,298.00
Roanoke Arts Festival - 125'h Anniversary 374,515.00
Memberships and Affiliations 1,725,290.00
Personnel Lapse (2,620,026.00)
Contingency 1,809,338.00
Department of Management and Budget 592,845.00
I
376
Human Resources $1,303,162.00 I
Employee Health Services 571,138.00 1,874,300.00
E911 Center $2,258,554.00
E911 Wireless 492,000.00
Telecommunications 658,546.00 3,409,100.00
Director of General Services $218,414.00
Management Services 115,164.00
Purchasing 366,521.00 700,099.00
Building Maintenance $ 4,332,670.00
Custodial Services 1,198,357.00 5,531,027.00
Fire Administration $1,074,592.00
Fire Support 765,841.00
Fire Operations 15,207,262.00
Fire Airport Rescue 733,278.00
Emergency Management 84,110.00 I
Emergency Medical Services 1,863,890.00 19,728,973.00
Director of Public Works $252,724.00
Solid Waste Management 6,986,724.00
Transportation - Streets and Traffic 5,305,273.00
Transportation - Paving 2,964,111.00
Transportation - Snow Removal 233,280.00
Transportation - Street Lighting 955,989.00
Transportation - Engineering & Operations 1,606,229.00
Environmental Services 143,611.00
Engineering 1,753,575.00 20,201,516.00
Planning and Development $1,492,302.00
Building Inspections 877,283.00
Economic Development 1,196,251.00 3,565,836.00
Roanoke Arts Commission 358,054.00
Neighborhood Partnership $152,296.00
Citizens Service Center 24,593.00 I
Housing and Neighborhood Services 1,593,586.00 1,770,475.00
377
I Parks $3,554,047.00
Parks & Recreation Administration 1,673,893.00
Youth Services 616,484.00
Recreation 1,251,493.00 7,095,917.00
Director of Human Services/Social Services $1,560,545.00
Income Maintenance 5,830,515.00
Social Services - Services 13,862,213.00
Employment Services 1,630,698.00
Foster Parent Training 136,579.00
Human Services Support 375,693.00 23,396,243.00
Virginia Institute for Social Services
Training Activities 439,564.00
Hospitalization 81,933.00
Youth Haven $584,744.00
Outreach Detention 250,429.00
I Crisis Intervention 631,204.00 1,466,377.00
Health Department 1,354,814.00
Mental Health 446,934.00
Human Services Committee 595,432.00
Comprehensive Services Act (CSA) 9,055,836.00
CSA - Administration 145,849.00
Virginia Cooperative Extension Service 78,462.00
Police Administration $607,710.00
Police Investigation 3,461,132.00
Police Patrol 13,079,948.00
Police Services 3,420,290.00
Police Training 774,258.00
Police Animal Control 1,053,147.00 22,396,485.00
Libraries $ 3 ,698,707.00
Law Library 161,697.00 3,860,404.00
Total Appropriations $252,515,000.00
I
378
Civic Facilities Fund I
Revenues
Operating $3,111,823.00
Non-Operating 2,094,992.00
Total Revenues $5,206,815.00
Aoorooriation s
Operating Expenses $3,519,817.00
Promotional Expenses 365,688.00
Debt Service 1,321,310.00
Total Appropriations $5,206,815.00
parkina Fund
Revenues
Operating $2,816,690.00
Total Revenues $2,816,690.00
Aoorooriations
Parking Coordination $62,596.00
Market Garage 156,487.00
Elmwood Park Garage 160,808.00
Center in the Square Garage 248,909.00 I
Church Avenue Garage 320,469.00
Tower Garage 229,095.00
Gainsboro Garage 149,075.00
Market Lot 15,638.00
Elmwood Lot 32,285.00
Warehouse Row Lot 15,270.00
Williamson Lot 26,495.00
Higher Ed Center Lot 21,101.00
Debt Service 1,378,462.00
Total Appropriations $ 2,816,690.00
Market Buildina Fund
Revenues
Operating $286,500.00
Non-Operating 35,000.00
Total Revenues $321,500.00
Aoorooriations
Operating Expenses $321,500.00
Total Appropriations $ 321,500.00
I
379
I
Deoartment of Technoloav Fund
Revenues
Operating
Non-Operati ng
Total Revenues
$6,661,885.00
300,000.00
$6,961,885.00
Aoorooriations
I
Operating Expenses
Capital Outlay
Debt Service
Total Appropriations
Fleet Manaaement Fund
Revenues
Operating
Non-Operating
Total Revenues
Aoorooriations
Operating Expenses
Capital Outlay
Total Appropriations
$5,501,084.00
862,801.00
598,000.00
$6,961,885.00
$6,883,593.00
100,000.00
$6,983,593.00
$4,321,149.00
2,662,444.00
$6,983,593.00
I
Risk Manaaement Fund
Revenues
Operating
Total Revenues
Aooroor;at;ons
Risk Management Administration
Risk Management - Other Expenses
Total Appropriations
School Fund
Revenues
Appropriations
School Food Services Fund
Revenues
Appropriations
Grant Fund
$14,714,702.00
$14,714,702.00
$1,148,730.00
13,726,081.00
$14,874,811.00
$ 138,523,844.00
$ 138,523,844.00
$5,612,380.00
$5,612,380.00
Revenues
380
Virginia Juvenile Community Crime Control Act
Total Revenues
Appropriations
Substance Abuse Services - Court Services Unit
Enhanced Community Services - Court Services Unit
Total Appropriations
$121,799.00
$121,799.00
I
$49,011.00
72,788.00
$121,799.00
2. That all salaries and wages covered by the Pay Plan, paid
from the appropnatlons 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,
2007, are re-appropriated to the 2007-08 fiscal year to the same
department and account for which they are encumbered in the 2006-07
fiscal year.
5. That this ordinance shall be known and cited as the 2007-08
General, Civic Facilities, Parking, Market Building, Department of
Technology, Fleet Management, Risk Management, School, School Food
Services and Grant Funds Appropriation Ordinance; and
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
ATTEST:
~)n.IY)Q"6n.>
Stephanie M. Moon
City Clerk
I
381
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 14th day of May, 2007.
No. 37771-051407.
I
AN ORDINANCE to adopt and establish a Pay Plan for officers and
employees of the City effective July 1, 2007; 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
duties in a non-uniform capacity; 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; providing for the salary of the City's General Registrar; providing
for the salaries of the City's Constitutional Officers; providing for the
salaries of the Mayor, Vice Mayor, and Members of Council; 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, 2007, the Pay
Plan hereinafter set out in its entirety, which shall read and provide as
follows:
I
382
Pay Grade
04
05
06
07
08
09
10
11
12
1 3
14
1 5
16
17
18
19
20
21
Minimum
Annual Salary
$18,220.28
19,131.58
20,565.74
22,154.08
24,476.92
27,046.50
29,888.56
31,993.78
35,672.78
39,776.10
44,349.24
49,449.92
55,857.36
62,280.40
69,442.62
78,390.00
87,404.46
97,456.06
Maximum
Annual Salary
$29,152.50
30,610.58
32,905.34
35,446.58
39,163.28
43,274.66
47,821.54
51,190.10
57,076.50
63,641.76
70,958.94
79,119.82
89,371.88
99,648.90
111,108.40
125,424.00
139,847.24
155,929.80
I
City of Roanoke
Pay Plan - Fiscal Year 2007-08
2. The Pay Plan adopted by this Ordinance shall remain in effect
until amended by Council.
I
3. Pursuant to 92-68, Code of the City of Roanoke (1979), as
amended, effective July 1, 2007, 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, of up to five percent (5%) of the
employees' current base salary, may be awarded officers and employees
according to their performance scores. Effective July 1, 2007, for officers
and employees appointed or hired after July 1, 2006, performance
increases shall be prorated based on the number of pay periods served
pursuant to policies and procedures promulgated by the City Manager.
5. If, after any applicable salary increases provided for in this
Ordinance, any officer's or employee's salary is below the applicable
minimum for his or her pay range, such officer's or employee's annual I
base salary shall be adjusted to the applicable minimum.
383
I
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
I
Appraiser I
Appraiser II
Arts Festival Manager
Assistant City Managers
(unless City Manager has assigned a City vehicle to
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
ANNUAL SALARY
INCREMENT
$ 2,000.00
$ 2,000.00
$ 2,000.00
$ 2,000.00
the individual
$ 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.
The City Manager is authorized, within the limits of funds
appropriated therefore, to provide for similar salary increments for other
employees of the City Manager.
7. In order eqUitably to compensate sworn police officers
assigned duties in a non-uniform capacity 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.
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8. Each employee of the Fire-Emergency Medical Services
Department hired by the City as a Firefighter prior to April 18, 1991, who I
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 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 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 I
annual pay supplement shall range from $1,039 to $4,638 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 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.
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385
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14. A pay stipend of $100 per month, or $1,200 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.
15. A pay stipend of $100 per month, or $1,200 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).
I
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. Commencing July 1, 2007, the City's General Registrar shall
receive a salary of $57,797.00, which is the salary for localities with a
population bracket of 100,001 - 150,000, as provided in the
Commonwealth of Virginia General Appropriation Act. The General
Registrar shall be eligible July 1, 2008, for a salary increase equal to the
base raise percentage increase approved by City Council for City
employees.
I
19. Effective July 1, 2007, 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
their then current salary increased by four percent (4%), unless
subsequently modified by ordinance duly adopted by Council.
386
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 11, 2007.
21. For the fiscal year beginning July 1, 2008, and ending June
30, 2009, and for succeeding fiscal years unless modified by action of
this Council, the annual salaries of the 'Mayor, Vice-Mayor, and each
member of Council shall be as follows:
Mayor
Vice Mayor
Council Members
$20,000.00
$16,560.00
$15,560.00
22. The provisions of this ordinance shall be in full force and
effect on and after July 1, 2007.
23. Pursuant to 912 of the Roanoke City Charter, the second
reading by title paragraph of this ordinance is hereby dispensed with.
APPROVED
ATTEST:
~rn.tr;~1W
Stephanie M. Moon
City Clerk
e..~~
c. Nelson Harris
Mayor
IN THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 14th day of May, 2007.
No. 37772-051407.
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:
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387
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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 1,2006, shall effective July 1, 2007,
be increased by two percent (2%) 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, 2007.
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:
I
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 Generallv, respectively, of the City Code.
Any member of ESRS or ERS retired under 922.2~,50,. ,
Nonoccupational Disabilitv Retirement Allowance, of
the City Code; or
b.
c. Any member of ESRS or ERS retired under 922.2-51,
Occupational Disabilitv 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 ~22.2-
48, Earlv 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,
Pavment of Benefits, of Chapter 22.2, Pensions and
Retirement, of the City Code, and further provided that
the deceased member through whom the surviving
spouse is entitled to benefits would qualify, if alive,
under paragraph 2.a., 2.b., 2.c., or 2.d. of this
ordinance; or
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388
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.
I
3.
2007.
This ordinance shall be in full force and effect on July 1,
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:
~l??tr;~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 14,h day of May, 2007.
I
No. 37773-051407.
A RESOLUTION endorsing the update to the Capital Improvement
Program submitted by the City Manager by letter of May 14, 2007.
WHEREAS, by letter of May 14, 2007, the City Manager has
presented an update to the City's Five-Year Capital Improvement Program
for Fiscal Years 2008-2012 in the recommended Resource Allocation Plan
totaling $204,043,309.00;
WHEREAS, the Capital Improvement Program and the funding
recommendation for projects is affordable and consistent with previous
discussions by City Council and actions taken by City Council; and
WHEREAS, this Council is desirous of endorsing the recommended
update to the Capital Improvement Program; I
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389
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 2008-2012, and the
related funding recommendations, as set out in the letter of the City
Manager dated May 14, 2007.
APPROVED
ATTEST:
e ~4t-
c. Nelson Harris
Mayor
~ In. /Y)tJVYV
Stephanie M. Moon
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 14'h day of May, 2007.
No. 37774-051407.
AN ORDINANCE to appropriate funding for the FY 2008-2012
Update to the Capital Improvement Program, amending and reordaining
certain sections of the 2007-2008 Capital Projects 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 2007-2008 Capital Projects and Grant Funds
Appropriations be, and the same are hereby, amended and reordained to
read and provide as follows:
Capital Proiects Fund
Appropriations
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Revenues
Transfer from General Fund
08-530-9552-9003
08-530-9823-9003
08-530-9736-9003
08-530-9575-9003
08-056-9620-9003
08-620-9749-9003
$500,000.00
45,000.00
49,820.00
310,000.00
430,895.00
3,302,483.00
4,088,198.00
08-110-1234-1037
390
Fund Balance
Residual Equity Transfer
Grant Fund
Appropriations
Home Investment Partnership
Program Local Match
Revenues
Home Investment Partnership
Program Local Match
08-3337
(550,000.00)
I
35-615-8119-5507
75,000.00
35-615-8119-5220
75,000.00
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:
Stephanie M. Moon
City Clerk
C.l4!c[{/YW4
c. Nelson Harris
Mayor
'~h7 .tJ;(ryu
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 14th day of May, 2007.
No. 37775-051407.
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 2007-2008 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 2007-2008 Capital Projects Fund Appropriations
be, and the same are hereby, amended and reordained to read and
provide as follows:
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391
Appropriations
Appropriated from General Revenue
Appropriated from General Revenue
Fund Balance
Economic and Community Development
Reserve - Unappropriated
08-620-9753-9003
08-620-9757-9003
$200,000.00
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
ATTEST:
~ 1J?~ Ir]dlIYV
Stephanie M. Moon
City Clerk
c
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 14'h day of May, 2007.
No. 37776-051407.
AN ORDINANCE to appropriate funding from the Economic and
Community Development Reserve for the Enterprise Zone Projects,
amending and reordaining certain sections of the 2007-2008 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 2007-2008 Capital Projects Fund Appropriations
be, and the same are hereby, amended and reordained to read and
provide as follows:
392
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
$15,000.00
300,000.00
20,000.00
08-3365
(335,000.00)
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:
~1?1. f?'}a(fy..;)
~, ~VV~~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 14th day of May, 2007.
No. 37777-051407.
A RESOLUTION approving the 2007-2008 Annual Update ("Annual
Update") to the 2005 - 2010 Consolidated Plan and authorizing the City
MaRager, 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;
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393
WHEREAS, opportunities for community input regarding the Annual
Update were provided at public meetings held November 13, 2006, and
March 29, 2007, and at a City Council public hearing on April 26, 2007,
by a 30-day public review and comment period beginning April 3, and
ending May 4, 2007, 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, 2007, 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
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 14, 2007, to this Council.
APPROVED
ATTEST:
~ lY;.IYJFl^rv
Stephanie M. Moon
City Clerk
e~w~~
C. Nelson Harris
Mayor
394
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 21" day of May, 2007.
No. 37778-052107.
AN ORDINANCE to appropriate funding from the Virginia
Department of Transportation for the Franklin Road/Wonju Street 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 State Grant Funds
Revenues
Franklin Road/Wonju Street
Intersection - VDOT Reimbursement
08-530-9562-9007 47,000.00
08-530-9562-9562 47,000.00
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
ATTEST:
L'~
~ (tJ, 1Y;JrYV
Sheila N. Hartman
Deputy City Clerk
C. Nelson Harris
Mayor
I
395
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21" day of May, 2007.
No. 37779-052107.
A RESOLUTION authorizing the City Manager's issuance and
execution of additional Amendments to the City's contract with Mattern &
Craig, Inc., for additional professional services for the
Reconfigure/Signalize Aviation Drive/Towne Square Boulevard
Intersection Project.
apprO'vin9 and authoriz:il'9 tl,e executien of the BltJe Ridge Behav'ioral
Ifealthcare ry 2007JG Perf-ol mahce Contract, tJpon certain terms and
conditiol's.
WIICRCAS, Section 37.11 194 of the Code of Virginia, 1950, as
amended, requires e\ter'y' locality to establish a community service boa, d
to o'versee the delive, y of mental health, li1ehtal retal dation and
substance abuse services, ahd it is furthel required that the local'
govemin9 body of a locality approve the Perf-ormance Conti act; and
I
'NII[RCAS, the City of Roanoke has all ead'y' established !b..LBltJe
Ridge Behaviol alllealthca, e Board PUI stJant to this statutory 1" O\tision.
TIICRcrORC, 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 Mattern & Craig, Inc., for additional
professional services for the Reconfigure/Signalize Aviation Drive/Towne
Square Boulevard Intersection Project, all as more fully set forth in the
City Manager's letter to this Council dated May 21, 2007.
and attached to the City Manager's lettel dated Septembel 1 G, 1 G,
2002 is hereby APPROVeD.
2. The form of such Amendments shall be approved by the City
Attorney.
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396
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
$75,000.00, all as set forth in the above letter.
I
APPROVED
ATTEST:
~<~ -0.
Sheila N. Hartman
Deputy City Clerk
c., C. N,I,o" Hml,
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21"dayofMay, 2007.
No. 37780-052107.
I
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 2007-2008;
authorizing the City Manager or her designee to execute any required
contracts-,with the recipient agencies for provision of services, and to
execute a contract with the Council of Community Services to perform the
necessary performance audits to evaluate the effectiveness and efficiency
of all funded progtams.
WHEREAS, the Fiscal Year 2007-2008 budget approved by City
Council for the Human Services Advisory Board provides for funding in
the amount of $595,432.00;
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
$882,630.00 were received by the Human ServiCes Advisory Board from
thirty-eight (38) agencies;
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WHEREAS, after studying each application and holding allocation
meeting hearings, the Board has recommended allocation of funding to
certain applicant agencies for Fiscal Year 2007-2008; 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 2007-2008 as
more particularly set forth in the City Manager's letter dated May 21,
2007, to this Council, and the attachment to that report.
2. The City Manager or her designee is authorized to execute a
contract with the qualified agencies for provision of services, and to
execute a contract with the Council of Community Services to perform the
necessary audits to evaluate the effectiveness and efficiency of all funded
programs; all such contracts to be approved as to form by the City
Attorney.
APPROVED
ATTEST:
e
C;;O:~f 0).
Sheila N. Hartman
Deputy City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21" day of May, 2007.
No. 37781-052107.
AN ORDINANCE amending and reordaining certain sections of the
2007-2008 General Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
398
BE IT ORDAINED by the Council of the City of Roanoke that the I
following sections of the 2007-2008 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 $(595,432.00)
YMCA - Y Achievers 01-630-5220-3708 5,000.00
YWCA - Focus Forward 01-630-5220-3709 7,407.00
Bradley Free Clinic - 12,500.00
Medical Program 01-630-5220-3721
League of Older 30,000.00
Americans - Meals on
Wheels 01-630-5220-3722
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 16,500.00
Services - Info & Referral 01-630-5220-3732
Northwest Child I
Development Center 01-630-5220-3734 20,000.00
Roanoke Valley Speech
& Hearing Center 01-630-5220-3738 4,000.00
TRUST - Emergency
Shelter & Transitional
Housing 01-630-5220-3740 11,025.00
West End Center 01-630-5220-3745 30,000.00
Adult Care Center 01-630-5220-3746 7,150.00
Roanoke Adolescent
Health Partnership 01-630-5220-3767 24,000.00
Court Appointed Special
Advocate 01-630-5220-3775 3,000.00
Greenvale School 01-630-5220-3780 16,000.00
Blue Ridge Independent
Living Center 01-630-5220-3781 15,000.00
Mental Health
Association of Roanoke
Valley 01-630-5220-3784 6,000.00
Southwestern VA Second
Harvest Food Bank 01-630-5220-3788 7,500.00 I
Planned Parenthood of
the Blue Ridge 01-630-5220-3795 8,000.00
399
I 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 01-630-5220-3915 7,500.00
Brain Injury Services of
SW Virginia 01-630-5220-3916 7,000.00
Apple Ridge Farm 01-630-5220-3917 20,000.00
Family Service of
Roanoke Valley -
ACTION 01-630-5220-3919 25,000.00
Family Service of
Roanoke Valley - Home
Care 01-630-5220-3920 17,000.00
Family Service of
Roanoke Valley - Family
&
Individual Counseling 01-630-5220-3921 14,000.00
I 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
Goodwill Industries of
the Valleys, Inc. 01-630-5220-3926 20,000.00
Roanoke Valley
Interfaith Hospitality
Network 01-630-5220-3927 8,500.00
Salvation Army -
Turning Point 01-630-5220-3929 18,500.00
Salvation Army -
Emergency Shelter 01-630-5220-3930 15,000.00
CHIP - Family
Strengthening Program 01-630-5220-3932 24,000.00
CHIP - Care
Coordination Program 01-630-5220-3933 24,000.00
YMCA of Roanoke Valley
- Magic Place 01-630-5220-3934 10,000.00
Council of Community
I Services - Monitoring
Services 01-630-5220-3940 12,000.00
Council of Community 01-630-5220-3946 15,000.00
400
Services - Non-Profit
Resource
Bradley Free Clinic -
Dental Program
Commonwealth Catholic
Charities
01-630-5220-3958
12,500.00
7,350.00
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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
ATTEST:
~di.
e.l.U-~
c. Nelson Harris
Mayor
Sheila N. Hartman
Deputy City Clerk
'!f
~~,
'J~;,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
, The 21" day of May, 2007.
No. 37782-052107.
A RESOLUTION concurring in the recommendations of the Roanoke
Arts Commission Funding Advisory Committee's ("Committee") allocation
of City funds to various nonprofit agencies and for performance audits in
connection thereto for Fiscal Year 2007-2008; and authorizing the City
Manager to execute a contract with the Arts Council of the Blue Ridge to
perform the necessary performance audits to evaluate the effectiveness
and efficiency of all funded programs for such recipient agencies.
WHEREAS, the Fiscal Year 2007-2008 budget approved by City
Council for the Roanoke Arts Commission provides for funding in the
amount of $358,054.00;
WHEREAS, in order to obtain allocation for such funding, agencies
were required to file applications with the Roanoke Arts Commission;
WHEREAS, requests for City funding in the total amount of
$548,680.00 were received by the Roanoke Arts Commission from
seventeen (17) agencies;
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401
WHEREAS, after studying each application and holding allocation
meeting hearings, the Committee has recommended allocation of funding
to certain applicant agencies for Fiscal Year 2007-2008; and
WHEREAS, performance audits are to be conducted for each agency
receiving funding by the Arts Council of the Blue Ridge in order to
evaluate the effectiveness and efficiency of the funded programs of such
agencies.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. Council concurs in the recommendations of the Roanoke Arts
Commission to the allocations for funding of various nonprofit agencies
and the execution of performance audits in connection thereto for Fiscal
Year 2007-2008, as more particularly set forth in the City Manager's
letter dated May 21, 2007, to this Council, and the attachment to that
report.
2. The City Manager or her designee is authorized to execute a
contract with the Arts Council of the Blue Ridge to perform the necessary
performance audits to evaluate the effectiveness and efficiency of all
funded programs; all such contracts to be approved as to form by the
City Attorney.
APPROVED
~: _q.d~
Sheila N. Hartman
Deputy City Clerk
e.WAt~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21" day of May, 2007.
No. 37783-052107.
AN ORDINANCE to appropriate funding to specific Art Commission
agencies, amending and reordaining certain sections of the 2007-2008
General Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
402
BE IT ORDAINED by the Council of the City of Roanoke that the I
following sections of the 2007-2008 General Fund Appropriations be, and
the same are hereby, amended and reordained to read and provide as
follows:
Appropriations
Subsidies 01-610-5221-3700 $(358,054.00)
Virginia Museum of
Transportation 01-610-5221-3714 24,860.00
Roanoke Symphony
"Society 01-610-5221-3736 37,030.00
Mill Mountain
Theatre 01-610-5221-3749 13,975.00
Explore Park 01-610-5221-3758 40,560.00
Opera Roanoke 01-610-5221-3762 14,219.00
Science Museum of
Western Virginia 01-610-5221-3774 69,410.00
Roanoke Valley
History Museum 01-610-5221-3776 10,860.00
Arts Council of the
Blue Ridge 01-610-5221-3909 18,220.00 I
Art Museum of
Western Virginia 01-610-5221-3910 18,560.00
Blue Ridge
Zoological Society 01-610-5221-3911 25,050.00
Downtown Music
Lab 01-610-5221-3912 12,360.00
Harrison
Museum/African
American Culture 01-610-5221-3913 25,000.00
Monitoring 01-610-5221-3914 5,790.00
O. Winston Link
Museum 01-610-5221-3941 7,260.00
The Dumas Drama
Guild, Inc. 01-610-5221-3943 13,160.00
Jefferson Center
Foundation L TD 01-610-5221-3944 19,240.00
Arts Commission 01-610-5221-3961 2,500.00
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403
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. Lle&~~
c. Nelson Harris
Mayor
Sheila N. Hartman
Deputy City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21" day of May, 2007.
No. 37784-052107.
AN ORDINANCE to appropriate funding from the Federal and
Commonwealth government 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
Instructional Materials
Purchased Services
Revenues
State Grant Receipts
Federal Grant Receipts
30-062-6513-0614-6554
30-062-6911-0332-6315
$ 6,000.00
12,283.00
30-062-6513-1100
30-062-6911-1102
6,000.00
12,283.00
404
Pursuant to the provIsions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
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APPROVED
ATTEST;
q.
eila N. Hartman
Deputy City Clerk
c.lJM~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21" of May, 2007.
No. 37785-052107.
A RESOLUTION appointing Courtney A. Penn and Suzanne P. Moore
as School Board Trustees on the Roanoke City School Board for a term
commencing July 1, 2007, and ending June 30, 2010.
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WHEREAS, pursuant to 99-24, Code of the City of Roanoke (1979),
as amended, a public hearing was held May 7, 2007, relating to the
appointment of School Board Trustees; and
WHEREAS, this Council is desirous of appointing Courtney A. Penn
and Suzanne P. Moore to fill the vacancies on the Roanoke City School
Board.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Courtney A. Penn and Suzanne P. Moore are hereby
appointed as School Board Trustees on the Roanoke City School Board for
a term commencing July 1, 2007, and ending June 30, 2010.
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405
2. The City Clerk is directed to transmit an attested copy of this
resolution to David B. Carson, Chair of the Roanoke City School Board, to
Dr. Richard W. Layman, Chief Academic Officer, to Courtney A. Penn, and
to Suzanne P. Moore.
APPROVED
ATTEST:
ew~~~
Sheila N. Hartman
Deputy City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21" day of May, 2007.
No. 37786-052107.
A RESOLUTION appointing V. Mignon Chubb-Hale to fill the
unexpired term of William H. Lindsey as School Board Trustee on the
Roanoke City School Board for a term commencing July 1, 2007, and
ending June 30, 2008.
WHEREAS, pursuant to 99-24,' Code of the City of Roanoke (1979),
as amended, a public hearing was held May 7, 2007, relating to the
appointment of a School Board Trustee; and
WHEREAS, this Council is desirous of appointing V. Mignon Chubb-
Hale to fill the unexpired term of William H. Lindsey on the Roanoke City
School Board.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
, as follows:
1. V. Mignon Chubb-Hale is hereby appointed to fill the
unexpired term of William H. Lindsey as School Board Trustee on the
Roanoke City School Board for a term commencing July 1, 2007, and
ending June 30, 2008.
406
2. The City Clerk is directed to transmit an attested copy of this
resolution to David B. Carson, Chair of the Roanoke City School Board, to
Dr. Richard W. Layman, Chief Academic Officer, and to V. Mignon Chubb-
Hale.
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APPROVED
ATTEST:
~?7;.
c.
Sheila N. Hartman
Deputy City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21" day of May, 2007.
No. 37787-052107.
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A RESOLUTION authorizing the issuance of forty-eight million seven
hundred fifty thousand dollars ($48,750,000.00) principal amount of
general obligations of the City of Roanoke, Virginia, in the form of
general obligation public improvement bonds of such city, for the
purpose of providing funds to pay the costs of the acquisition,
construction, reconstruction, improvement, extension, enlargement and
equipping of public schools of and for such City; fixing the form,
denomination and certain other details of such bonds; providing for the
sale of such bonds; authorizing the preparation of a preliminary official
statement and an official statement relating to such bonds and the
distribution thereof and the execution of a certificate relating to such
official statement; authorizing the execution and delivery of a continuing
disclosure certificate relating to such bonds; authorizing and providing
for the issuance and sale of a like principal amount of general obligation
public improvement bond anticipation notes in anticipation of the
issuance and sale of such bonds; delegating to the City Manager and the
Director of Finance certain powers with respect to the sale and
determination of the details of such bonds and notes; and otherwise
providing with respect to the issuance, sale and delivery of such bonds
and notes.
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WHEREAS, in the judgment of the Council (the "Council") of the City
of Roanoke, Virginia (the "City"), it is desirable to authorize the City to
contract a debt and to authorize the issuance of $48,750,000.00
principal amount of general obligations of the City, in the form of General
Obligation Public Improvement Bonds of the City, for the purpose of
providing funds to pay the costs of the acquisition, construction,
reconstruction, improvement, extension, enlargement and equipping of
public schools of and for the City and to authorize the issuance of a like
principal amount of General Obligation Public Improvement Bond
Anticipation Notes in anticipation of the issuance of such Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
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SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code
of Virginia, 1950, the same being the Public Finance Act of 1991 (the
"Public Finance Act of 1991 "), for the purpose of providing funds to pay
the costs of the acquisition, construction, reconstruction, improvement,
extension, enlargement and equipping of public schools of and for the
City, the City is authorized to contract a debt and to issue $48,750,000
principal amount of general obligation bonds of the City to be designated
and known as the "City of Roanoke, Virginia, General Obligation Public
Improvement Bonds" (referred to herein as the "Bonds").
(b) The Bonds shall be issued and sold in their entirety at one
time, or from time to time in part in series, as shall be determined by the
Director of Finance. There shall be added to the designation of the Bonds
a series designation determined by the Director of Finance. The Bonds
shall be issued in fully registered form in the denomination of $5,000.00
each or any whole multiple thereof. The Bonds of a given series shall be
numbered from No. R-l 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 7 hereof. The Bonds
of each series shall be issued in such aggregate principal amounts (not
exceeding the aggregate principal amount specified in Section 1 (a)); and
shall mature on such dates and in such years (but in no event exceeding
forty (40) years from their date or dates), and in the principal amount in
each such year, as shall be determined by the City Manager and the
Director of Finance in accordance with the provisions of Section 7 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.
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408
(c) The Bonds (or portions thereof in installments of $5,000.00)
shall be 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 7 hereof.
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(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
equaling in principal amount that portion of the principal amount thereof
not to be redeemed, shall be mailed not less than thirty (30) days prior to
the date fixed for redemption, by first class mail, postage prepaid, to the
registered owner thereof at his address as it appears on the books of
registry kept by the Registrar as of the close of business on the forty-fifth
(45th) day next preceding the date fixed for redemption. If notice of the
redemption of any Bond shall have been given as aforesaid, and payment
of the principal amount of such Bond (or the portion of the principal
amount thereof to be redeemed) and of the accrued interest and
premium, if any, payable upon such redemption shall have been duly
made or provided for, interest thereon shall cease to accrue from and
after the date so specified for the redemption thereof.
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Oi) 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.
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SECTION 2. The full faith and credit of the City shall be and is
irrevocably pledged to the punctual payment of the principal of and
premium, if any, and interest on the Bonds as the same become due. In
each year while the Bonds, or any of them, are outstanding and unpaid,
the Council shall be authorized and required to levy and collect annually,
at the same time and in the same manner as other taxes of the City are
assessed, levied and collected, a tax upon all taxable property within the
City, 'over and above all other taxes, authorized or limited by law and
without limitation as to rate or amount, sufficient to pay when due the
principal of and premium, if any, and interest on the Bonds to the extent
other funds of the City are not lawfully available and appropriated for such
purpose.
SECTION 3. ,(a) The Bonds shall be executed, for and on behalf of
the City, by the manual or facsimile signature of the Mayor and shall have
a facsimile of the corporate seal of the City imprinted thereon, attested by
the manual or facsimile signature of the City Clerk.
(b) The Director of Finance is hereby authorized to appoint a
Registrar and Paying Agent for the Bonds (the "Registrar").
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(c) The Director of Finance shall direct the Registrar to
authenticate the Bonds and no Bond shall be valid or obligatory for any
purpose unless and until the certificate of authentication endorsed on
each Bond shall have been manually executed by an authorized signatory
of the Registrar. Upon the authentication of any Bonds the Registrar shall
insert in the certificate of authentication the date as of which such Bonds
are authenticated as follows: 0) 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, Oi) if a Bond is authenticated upon an interest
payment date, the certificate shall be dated as of such interest payment
date, Oii) 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 Bonds of any series
shall be dated as of a date other than the first day of a calendar month or
the dates on which interest is payable on such series are other than the
first days of calendar months, the provisions of this Section 3(c) with
regard to the authentication of such Bonds and of Section 8 with regard
to the form of such Bonds shall be modified as the Director of Finance
shall determine to be necessary or appropriate.
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(d) The execution and authentication of the Bonds in the manner
set forth above is adopted as a due and sufficient authentication of the
Bonds.
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SECTION 4. (a) The principal of and premium, if any, on the Bonds
shall be payable in such coin or currency of the United States of America
as at the respective dates of payment thereof is legal tender for public and
private debts at the office of the Registrar. Interest on the Bonds shall be
payable by check mailed by the Registrar to the registered owners of such
Bonds at their respective addresses as such addresses appear on the
books of registry kept pursuant to this Section 4; provided, however, that
so long as the Bonds are in book-entry form and registered in the name of
Cede & Co., as nominee of DTC, or in the name of such other nominee of
DTC as may be requested by an authorized representative of DTC, interest
on the Bonds shall be paid directly to Cede & Co. or such other nominee of
DTC by wire transfer.
(b) At all times during which any Bond of any series remains
outstanding and unpaid, the Registrar for such series shall keep or cause
to be kept at its office books of registry for the registration, exchange
and transfer of Bonds of such series. Upon presentation at its office for
such purpose the Registrar, under such reasonable regulations as it may
prescribe, shall register, exchange or transfer, or cause to be registered,
exchanged or transferred, on the books of registry the Bonds as
hereinbefore set forth.
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(c) The books of registry shall at all times be open for inspection
by the City or any duly authorized officer thereof.
(d) Any Bond may be exchanged at the office of the Registrar for
such series of Bonds for a like aggregate principal amount of such Bonds
in other authorized principal sums of the same series, interest rate and
maturity.
(e) Any Bond of any series may, in accordance with its terms, be
transferred upon the books of registry by the person in whose name it is
registered, in person or by his duly authorized attorney, upon surrender
of such Bond to the Registrar for cancellation, accompanied by a written
instrument of transfer duly executed by the registered owner in person or
by his duly authorized attorney, in form satisfactory to the Registrar.
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(f) All transfers or exchanges pursuant to this Section 4 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 4 shall be cancelled.
(g) (i) The Bonds shall be issued in full book-entry form. One
Bond representing each maturity of the Bonds will be issued to and
registered in the name of Cede & Co., as nominee of DTC, as registered
owner of the Bonds, and each such Bond will be immobilized in the
custody of DTC. DTC will act as securities depository for the Bonds.
Individual purchases will be made in book-entry form only, in the
principal amount of $5,000 or any whole multiple thereof. Purchasers
will not receive physical delivery of certificates representing their interest
in the Bonds purchased.
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(ii) Principal, premium, if any, and interest payments on the
Bonds will be made by the Registrar to DTC or its nominee, Cede & Co.,
as registered owner of the Bonds, which will in turn remit such payments
to the DTC participants for subsequent disbursal to the beneficial owners
of the Bonds. Transfers of principal, premium, if any, and interest
payments to DTC participants will be the responsibility of DTC. Transfers
of such payments to beneficial owners of the Bonds by DTC participants
will be the responsibility of such participants and other nominees of such
beneficial owners. Transfers of ownership interests in the Bonds will be
. accomplished by book entries made by DTC and, in turn, by the DTC
participants who act on behalf of the indirect participants of DTC and the
beneficial owners of the Bonds.
(iii) The City will not be responsible or liable for sending
transaction statements or for maintaining, supervising or reviewing
records maintained by DTC, its participants or persons acting through
such participants or for transmitting payments to, communicating with,
notifying, or otherwise dealing with any beneficial owner of the Bonds.
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SECTION 5. (a) CUSIP identification numbers may be printed on
the Bonds, but no such number shall constitute a part of the contract
evidenced by the particular Bond upon which it is printed; no liability shall
attach to the City or any officer or agent thereof (including any paying
agent for the Bonds) by reason of such numbers or any use made thereof
(including any use thereof made by the City, any such officer or any such
agent) or by reason of any inaccuracy, error or omission with respect
412
thereto or in such use; and any inaccuracy, error or omission with respect
to such numbers shall not constitute cause for failure or refusal by the
successful bidder or purchaser to accept delivery of and pay for the Bonds
in accordance with the terms of its bid. All expenses in connection with
the printing of CUSIP numbers on the Bonds shall be paid by the City;
provided, however, that the CUSIP Service Bureau charge for the
assignment of such numbers shall be the responsibility of the successful
bidder for or purchaser of the Bonds.
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(b) A copy of the final legal opinion with respect to the Bonds,
with the name of the attorney or attorneys rendering the same, together
with a certification of the City Clerk, executed by a facsimile signature of
that officer, to the effect that such copy is a true and complete copy
(except for letterhead and date) of the legal opinion which was dated as
of the date of delivery of and payment for the Bonds, may be printed on
the Bonds.
SECTION 6. The City covenants and agrees to comply with the
provisions of Sections 103 and 141-150 of the Internal Revenue Code of
1986 and the applicable Treasury Regulations promulgated thereunder
throughout the term of the Bonds.
SECTION 7. . (a) The Bonds shall be sold at negotiated or
competitive sale on such date or dates and at such price or prices as shall
be determined by the City Manager and the Director of Finance. In the
event it is determined that the Bonds shall be sold at competitive sale, the
Director of Finance is hereby authorized to prepare or cause to be
prepared a Summary Notice of Sale of the Bonds and to cause such
Summary Notice of Sale to be published in The Bond Buyer, a financial
journal published in the City of New York, New York, and to prepare or
cause to be prepared and distributed a Preliminary Official Statement and
a Detailed Notice of Sale relating to the Bonds. In preparing the Detailed
Notice of Sale relating to the Bonds, the Director of Finance is hereby
authorized to provide that bids for the purchase of the Bonds may be
received by electronic bidding. The City Manager and the Director of
Finance (i) are hereby authorized to determine the dated date of the Bonds
of each series, the dates the Bonds of each series shall mature, the dates
on which interest on the Bonds shall be payable, the aggregate principal
amount of the Bonds of each series and the principal amount of the Bonds
of each series maturing in each year and (ii), in the event it is determined
that the Bonds shall be sold at competitive sale, are hereby further
authorized to receive bids for the purchase of the Bonds of each series
and, without further action of this Council, to accept the bid offering to
purchase the Bonds of each series at the lowest true interest cost to the
City; provided, however, in no event shall the true interest cost with
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respect to the Bonds of any series exceed seven percent (7.00%). The City
Manager and the Director of Finance are further authorized to fix the rates
of interest to be borne by the Bonds of each maturity of each series as
specified in the bid accepted by them in accordance with the immediately
preceding sentence. The City Manager and the Director of Finance are
hereby authorized to determine the provisions relating to the redemption
of the Bonds upon the advice of the City's financial advisor; provided,
however, in no event shall any redemption premium payable by th,e City
exceed two percent (2.00%).
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(b) The Mayor is hereby authorized and directed to execute and
deliver to the purchasers of the Bonds an Official Statement of the City
relating to the Bonds, in substantially the form of the Preliminary Official
Statement relating to the Bonds, after the same has been completed by
the insertion of the maturities, interest rates and other details of the
Bonds and by making such other insertions, changes or corrections as the
Mayor, based on the advice of the City's financial advisors and legal
counsel (including the City Attorney and Bond Counsel), deems necessary
or appropriate; and this Council hereby authorizes the Official Statement
and the information contained therein to be used by the purchasers in
connection with the sale of the Bonds. The Preliminary Official Statement
is "deemed final" for purposes of Rule 15c2-12 promulgated by the
Securities and Exchange Commission pursuant to the Securities Exchange
Act of 1934 ("Rule 1 5c2-1 2"). The City Manager and the Director of
Finance are hereby authorized and directed to execute on behalf of the
City and deliver to the purchasers a certificate in substantially the form to
be included in the Official Statement under the caption "Certificate
Concerning Official Statement".
(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 and Bond Counsel), such approval to be
conclusively evidenced by their execution thereof.
(d) All actions and proceedings heretofore taken by this Council,
the City Manager, the Director of Finance and the other officers,
employees, agents and attorneys of and for the City in connection with
the issuance and sale of the Bonds are hereby ratified and confirmed.
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SECTION 8. The Bonds, the certificate of authentication of the
Registrar, and the assignment endorsed on the Bonds, shall be in
substantially the forms set forth in Exhibit A attached hereto.
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SECTION 9. General obligation public improvement bond
anticipation notes (the "Notes") are authorized for issuance and sale by the
City Manager and the Director of Finance in anticipation of the issuance of
the general obligation bonds authorized for issuance herein. Such Notes
shall be sold at competitive or negotiated sale at such price or prices and
on such other terms and conditions as shall be determined by the City
Manager and the Director of Finance. The City Manager and the Director
of Finance (i) are hereby authorized to determine the dated date of the
Notes of each series, the dates the Notes of each series shall mature, the
dates on which interest on the Notes shall be payable, the aggregate
principal amount of the Notes of each series and the principal amount of
the Notes of each series maturing in each year and (ii) are hereby further
authorized to receive bids for the purchase of the Notes of each series if
sold at competitive sale or proposals for the purchase of the Notes of each
series if sold at negotiated sale and, without further action of this Council,
to accept the bid or proposal offering to purchase the Notes of each series
at the lowest true interest cost to the City; provided, however, in no event
shall the true interest cost with respect to the Notes of any series exceed
six percent (6.00%). The City Manager and the Director of Finance are
further authorized to fix the rates of interest to be borne by the Notes of
each maturity of each series as specified in the bid or proposal accepted
by them in accordance with the immediately preceding sentence. The City
Manager and the Director of Finance are hereby authorized to determine
the provisions relating to the redemption of the Notes hereof upon the
advice of the City's financial advisor; provided, however, in no event shall
any redemption premium payable by the City exceed two percent (2.00%).
If such Notes are offered for competitive sale, a Detailed Notice of Sale or
Summary Notice of Sale shall be prepared, published and distributed in
accordance with the requirements of Section 7. If such Notes are publicly
offered, there may also be prepared and distributed a Preliminary Official
Statement and a final Official Statement relating to such Notes in such
form as shall be approved by the Director of Finance. The issuance and
details of such Notes shall be governed by the provisions of Section 15.2-
2628 of Title 15.2, Chapter 26, Article 2 of the Code of Virginia, 1950.
The provisions of Sections 2 and 6 shall apply to such Notes to the same
extent the same apply to the Bonds except, in the case of the provisions of
Section 2, only to the extent such Notes are not paid from the proceeds of
the Bonds or from any other available funds. Bonds in anticipation of
which such Notes are issued pursuant to this Section 9 may be issued and
sold in accordance with the provisions of this Resolution at any time within
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five (5) years of the date of issuance of the first Notes issued in
anticipation of such Bonds.
SECTION 10. The Council hereby authorizes the City to make
expenditures for the purpose for which the Bonds are to be issued in
advance of the issuance and receipt of the proceeds of the Bonds and to
reimburse such expenditures from the proceeds of the Bonds. The
adoption of this Resolution shall be considered an "official intent" within
the meaning of Treasury Regulation Section 1.150-2 promulgated under
the Internal Revenue Code of 1986.
SECTION 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.
EXHIBIT A
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UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES _____
REGISTERED
No. R.__
MATURITY
DATE:
INTEREST
RATE:
REGISTERED
$------
DATE OF CUSIP
BOND: NO.:
REGISTERED
OWNER:
PRINCIPAL SUM:
CEDE & CO.
DOLLARS
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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 (15th) 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 ("DTC"), or in the name of
such other nominee of DTC as may be requested by an authorized
representative of DTC, interest on this Bond shall be paid directly to Cede
& Co. or such other nominee of DTC by wire transfer. Interest on this
Bond shall be calculated on the basis of a three hundred and sixty (360)
day year comprised of twelve (12) thirty (30) day months. The principal
of and premium, if any, on this Bond are payable on presentation and
surrender hereof, at the office of ___________________________________, as
the Registrar and Paying Agent, in the City of ____________, __________.
Principal of and premium, if any, and interest on this Bond are payable)n
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.
I
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417
I
This Bond is one of an issue of Bonds of like date, denomination
and tenor except as to number, interest rate and maturity, which is
issued for the purpose of providing funds to pay the costs of the
acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of public schools of and for the City, 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 resolutions and other proceedings of the Council of the City
duly adopted and taken under the Public Finance Act of 1991.
I
The Bonds of the issue of which this Bond is one (or portions
thereof in installments of $5,000) 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 of such maturity to be
redeemed shall be selected by lot), upon payment of the following
redemption prices (expressed as a percentage of the principal amount of
the Bonds to be redeemed), together with the interest accrued thereon to
the date fixed for the redemption thereof:
Redemption Dates
(Both Dates Inclusive)
Redemption Prices
(Percentaqes of Principal
Amount)
to __________
%
--I ----
to __________
--I --__
__________ __ and thereafter
I
If this Bond is redeemable and this Bond (or any portion of the
principal amount hereof in installments of $5,000.00) shall be called for
redemption, notice of the redemption hereof, specifying the date,
number and maturity of this Bond, the date and place or places fixed for
its redemption, the- premium, if any, payable upon such redemption, and
if less than the entire principal amount of this Bond is to be redeemed,
that this Bond must be surrendered in exchange for the principal amount
hereof to be redeemed and a new Bond or Bonds issued equaling in
principal amount that portion of the principal amount hereof not to be
418
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.
I
Subject to the limitations and upon payment of the charges, if any,
provided in the proceedings authorizing the Bonds of the issue of which
this Bond is one, this Bond may be exchanged at the office of the
Registrar for a like aggregate principal amount of Bonds of other
authorized principal amounts and of the same issue, interest rate and
maturity. This Bond is transferable by the Registered Owner hereof, in
person or by his attorney duly authorized in writing, on the books of
registry kept by the Registrar for such purpose at the office of the
Registrar but only in the manner, subject to the limitations and upon
payment of the charges, if any, provided in the proceedings authorizing
the Bonds of the series of which this Bond is one, and upon the surrender
hereof for cancellation. Upon such transfer a new Bond or Bonds of
authorized denominations and of the same aggregate principal amount,
issue, interest rate and maturity as the Bond surrendered, will be issued
to the transferee in exchange herefor.
I
This Bond shall not be valid or obligatory unless the certificate of
authentication hereon shall have been manually signed by the Registrar.
The full faith and credit of the City are irrevocably pledged to the
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 shall be authorized and
required to levy and collect annually, at the same time and in the same
manner as other taxes of the City are assessed, levied and collected, a
tax upon all property within the City, over and above all other taxes,
authorized or limited by law and without limitation as to rate or amount,
sufficient to pay the principal of and premium, if any, and interest on this
Bond to the extent other funds of the City are not lawfully available and
appropriated for such purpose.
I
419
I
It is certified, recited and declared that all acts, conditions and
things required to exist, happen or be performed precedent to and in the
issuance of this Bond do exist, have happened and have been performed
in due time, form and manner as required by law, and that the amount of
this Bond, together with all other indebtedness of the City does not
exceed any limitation of indebtedness prescribed by the Constitution or
statutes of the Commonwealth of Virginia or the Charter of the City.
IN WITNESS WHEREOF, the City has caused this Bond to be executed
by the manual or facsimile 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 its City Clerk; and this Bond to be dated as of
the _______ day of __________, 200_.
CITY OF ROANOKE, VIRGINIA
[SEAL]
Mayor
Attest:
I
City Clerk
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to the within-
mentioned proceedings.
[---------------------------___l. as Reg istrar
By: ______________________________________
Authorized Signatory
Date of Authentication: ______________________
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)
I
420
PLEASE INSERT SOCIAL SECURITY
OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE:
I
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
APPROVED
ATTEST:
~'q.
Sheila N. Hartman
Deputy City Clerk
~
. elson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21" day of May, 2007.
No. 37788-052107.
AN ORDINANCE to appropriate funding to be provided by the Series I
2008 Bonds to the William Fleming and Patrick Henry High School
Projects, amending and reordaining certain sections of the 2006-2007
I
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421
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
Construction
A&E Fees
Construction
Schools
31-065-6066-9060
31-065-6070-9055
31-065-6070-9060
31-060-9708-9102
$400,000.00
2,500,000.00
45,850,000.00
(48,750,000.00)
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:
~~~
C. Nelson Harris
Mayor
~q
Sheila N. Hartman
Deputy City .Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21" day of May, 2007.
No. 37789-052107.
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 MXPUD
development plan to show a variable width buffer behind the proposed
retaining wall to accommodate a proposed storm water conveyance
channel on property described as the Pheasant Ridge campus on Griffin
Road, SW., bearing Official Tax Nos. 5460124, 5470207, 5470301
through 5470308, and 5470130; and dispensing with the second reading
by title of this ordinance.
422
WHEREAS, Pheasant Ridge Condominiums II, LL, Dalton Place, LLC,
A & J Holdings, Inc., Van Winkle, LC, Integra Investments, LLC, and
Pheasant Ridge Office Buildings, LLC, have made application to the
Council of the City of Roanoke, Virginia ("City Council"), to amend an
MXPUD development plan to show a variable width buffer behind the
proposed retaining wall to accommodate a proposed storm water
conveyance channel on property described as the Pheasant Ridge campus
on Griffin Road, S. W., bearing Official Tax Nos. 5460124, 5470207,
5470301 through 5470308, and 5470130;
I
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 21, 2007, 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
MXPUD development plan for the property described as the Pheasant
Ridge campus on Griffin Road, S. W., bearing Official Tax Nos. 5460124,
5470207,5470301 through 5470308, and 5470130; 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. zQning practice, requires the amendment of MXPUD development
plan 1:'0 'show a variable width buffer behind the proposed retaining wall
to accommodate a proposed storm water conveyance channel on
property described as the Pheasant Ridge campus on Griffin Road, S. W.,
bearing Official Tax Nos. 5460124, 5470207, 5470301 through
5470308, and 5470130, as set forth in the Application for Amendment of
Proffered Conditions, of Pheasant Ridge Condominiums II, LL, Dalton
Place, LLC, A & J Holdings, Inc., Van Winkle, LLC, Integra Investments,
LLC, Pheasant Ridge Office Buildings, LLC, Amended Application No. 3
filed in the Department of Planning, Building and Economic Development
on March 29, 2007, for property described as the Pheasant Ridge Campus
on Griffin Road, S. W., bearing Official Tax Nos. 5460124, 5470207,
5470301 through 5470308, and 5470130, as herein provided.
I
I
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I
I
423
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 MXPUD development plan to show a variable width buffer behind
the proposed retaining wall to accommodate a proposed storm water
conveyance channel on property described as the Pheasant Ridge campus
on Griffin Road, S. W., bearing Official Tax Nos. 5460124, 5470207,
5470301 through 5470308, and 5470130, as set forth in the Application
for Amendment of Proffered Conditions, of Pheasant Ridge
Condominiums II, LL, Dalton Place, LLC, A & J Holdings, Inc., Van Winkle,
LLC, Integra Investments, LLC, Pheasant Ridge Office Buildings, LLC,
Amended Application No.3 filed in the Department of Planning, Building
and Economic Development on March 29, 2007.
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:
~~.
t~~t*~
Sheila N. Hartman
Deputy City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21" day of May, 2007.
No. 37790-052107.
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 repealing Ordinance
No. 34406-080299 and Ordinance No. 34407-080299, to the extent that
they placed certain conditions on Official Tax No. 1290107, located at
3215 Franklin Road, S. W., and to approve a new development plan on the
subject property; and dispensing with the second reading of this
ordinance by title.
424
WHEREAS, Icon Development, LLC, represented by Maryellen F.
Goodlatte, attorney, has filed an application to the Council of the City of
Roanoke to repeal Ordinance No. 34406-080299, adopted August 2,
1999, and Ordinance No. 34407-080299, adopted August 2, 1999, to the
extent such ordinances placed certain conditions upon property bearing
Official Tax No. 1290107, located at 3215 Franklin Road, S. W., and to
approve a new development plan related to the parcel in order to create a
residential development which includes 9 units of single-family detached
dwelling units and 18 units of multi-family dwelling units;
I
WHEREAS, the City Planning Commission, which 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 21, 2007, 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
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 repeal, of Ordinance No. 34406-
080299, adopted August 2, 1999, and Ordinance No. 34407-080299,
adopted August 2, 1999, to the extent such ordinances placed certain
conditions upon property, bearing Official Tax No. 1290107, located at
3215 Franklin Road, So W., and the adoption of the proffers 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
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. Ordinance No. 34406-080299, adopted by the City Council
on August 2, 1999, and Ordinance No. 34407-080299, adopted by the
City Council on August 2, 1999, to the extent that it placed certain
conditions on Official Tax No. 1290107, located at 3215 Franklin Road,
S. W., are hereby REPEALED, and that the Official Zoning Map, City of
Roanoke, Virginia, dated December 5, 2005, as amended, be amended to I
reflect such action.
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425
2. The Application for Amendment of Proffered Conditions, of
Icon Development, LLC, by Maryellen F. Goodlatte, attorney, Amended
Application No.1, filed in the Department of Planning, Building and
Economic Development, on April 2, 2007, is granted pertaining to Official
Tax No. 1290107, so that such property will be zoned MXPUD, Mixed Use
Planned Unit Development, and that 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, be amended to
reflect such action.
3. Pursuant to the provisions of 912 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~0.~
Sheila N. Hartman
Deputy City Clerk
e.U~
c. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21" day of May, 2007.
No. 37791-052107.
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 repeal conditions
approved by Ordinance No. 36045-081902, as they pertain to Official Tax
Nos. 1290211 and 1290212, and to rezone properties located at 2924
and 2918 Roberts Road, S. W., bearing Official Tax Nos. 1290211 and
1290212, from MX, Mixed Use District, with conditions, to CG,
Commercial General District, subject to certain conditions, for the
purpose of providing a parking structure for the medical clinic on
adjacent parcels and for the purpose of retaining natural landscape
buffering; and dispensing with the second reading by title of this
ordinance.
426
WHEREAS, Seven Dwarfs, L.L.C., represented by Maryellen F.
Goodlatte, attorney, filed an application with the Department of Planning
Building and Economic Development to repeal conditions approved by
Ordinance No. 36045-081902, as they pertain to Official Tax Nos.
1290211 and 1290212, and to rezone properties located at 2924 and
2918 Roberts Road, S. W., bearing Official Tax Nos. 1290211 and
1290212, from MX, Mixed Use District, with conditions, to CG,
Commercial General District, subject to certain conditions, for the
purpose of providing a parking structure for the medical clinic on
adjacent parcels and for the purpose of retaining natural landscape
buffering;
I
WHEREAS, the City Planning Commission, which 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 said
application at its meeting on May 21, 2007, 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
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 properties, and
for those reasons, is of the opinion that the hereinafter described
property should be rezoned as herein provided.
I
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. The conditions approved by Ordinance No. 36045-081902,
as they pertain to Official Tax Nos. 1290211 and 1290212, are hereby
REPEALED; and the rezoning of properties located at 2924 and 2918
Roberts Road, S. W., bearing Official Tax Nos. 1290211 and 1290212,
from MX, Mixed Use District, with conditions, to CG, Commercial General
District, subject to certain conditions, for the purpose of providing a
parking structure for the medical clinic on adjacent parcels and for the
purpose of retaining natural landscape buffering, as set forth in the
Application of Conditional Rezoning - Amended Application No.2 filed in I
the Department of Planning Building and Economic Development on
I
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427
April 17, 2007, is hereby APPROVED, and that 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, be amended to
reflect such actions.
2. Pursuant to the provisions of 912 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~~.~,,~
Sheila N. Hartman
Deputy City Clerk
~ ~LA-~~
c. Nelson Harris
Mayor
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21" day of May, 2007.
No.3 7792-052107.
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 proffered
conditions accepted by the adoption of Ordinance No. 25093, on May 27,
1980, on property located at 1809 McVitty Road, S. W., bearing Official
Tax No. 5100906, for the purpose of removing a proffer that the property
would be used for non-medical office use only, to allow such a use to
continue operating at the subject location; and dispensing with the
second reading by title of this ordinance.
WHEREAS, J. D. Fralin represented by Maryellen F. Goodlatte,
attorney, has made application to the Council of the City of Roanoke,
Virginia ("City Council"), to amend proffered conditions accepted by the
adoption of Ordinance No. 25093, on May 27, 1980, on property located
at 1809 McVitty Road, S. W., bearing Official Tax No. 5100906, for the
purpose of removing a proffer that the property would be used for non-
medical office use only, to allow such a use to continue operating at the
subject location;
428
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 May 21, 2007, 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
proffered conditions accepted by the adoption of Ordinance No. 25093,
on May 27, 1980, on property located at 1809 McVitty Road, S. W.,
bearing Official Tax No. 5100906, for the purpose of removing a proffer
that the property would be used for non-medical office use only, to allow
such a use to continue operating at the subject location; 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 proffered conditions
accepted by the adoption of Ordinance No. 25093, on May 27, 1980, on
property located at 1809 McVitty Road, S. W., bearing Official Tax No.
5100906, for the purpose of removing a proffer that the property would
be used for non-medical office use only, to allow such a use to continue
operating at the subject location, as set forth in the Application for
Amendment of Proffered Conditions of J. D. Fralin, by Maryellen F.
Goodlatte, attorney, filed in the Department of Planning, Building and
Economic Development on March 1,2007.
I
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 proffered conditions accepted by the adoption of Ordinance No.
25093, on May 27, 1980, on property located at 1809 McVitty Road, S.
W., bearing Official Tax No. 5100906, for the purpose of removing a
proffer that the property would be used for non-medical office use only,
to allow such a use to continue operating at the subject location, as set
forth in the Application for Amendment of Proffered Conditions of J. 'D.
Fralin, by Maryellen F. Goodlatte, attorney, filed in the Department of
Planning, Building and Economic Development, on March 1, 2007. I
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429
2. Pursuant to the provisions of Section 12 of the City Charter,
the second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~.
e. ~~~
C. Nelson Harris
Mayor
Sheila N. Hartman
Deputy City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21" day of May, 2007.
No.3 7794-052107.
AN ORDINANCE amending Vision 2001-2020, the City's
Comprehensive Plan, to include a revised and updated Greater Raleigh
Court Neighborhood Plan, such neighborhood plan recommending
various residential development policies, including encouraging infill
development which is aesthetically and functionally compatible with the
surrounding neighborhood; mixed density housing; recommending
economic development policies, such as encouraging the development of
existing underused commercial property before zoning additional land
for commercial use, encouraging the use of existing commercial
properties with minimal parking spaces, discouraging future commercial
development on Grandin Road, south of Sherwood Avenue, and
encouraging a gradual transition into residential uses along Memorial
Avenue; recommending transportation policies, including the installation
of urban amenities, functional streets capes for pedestrians, bicycle and
motor vehicle traffic, and keeping streets at the minimum width
necessary to accommodate traffic; recommending public service policies,
including those which address storm water problems; and encouraging
the construction of various park and recreation facilities; and dispensing
with the second reading by title of this ordinance.
430
WHEREAS, on April 19, 2007, the Greater Raleigh Court
Neighborhood Plan dated April 19, 2007 (the "Plan"), was presented to
the Planning Commission;
I
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 1999 plan previously adopted by City Council for the
Greater Raleigh Court Neighborhood; and
WHEREAS, in accordance with the provisions of 915.2-2204, Code
of Virginia (1950), as amended, a public hearing was held before this
Council on Monday, May 21, 2007, 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 Raleigh Court
Neighborhood Plan dated April 19, 2007, and amends Vision 2001 -
2020, the City's Comprehensive Plan, to include the Greater Raleigh
Court Neighborhood Plan dated April 19, 2007, as an element thereof,
and repeals the 1999 plan previously adopted by City Council for the
Greater Raleigh Court Neighborhood.
I
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 912 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~~.
t,
Sheila N. Hartman
Deputy City Clerk
C. Nelson Harris
Mayor
I
431
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21" day of May, 2007.
No. 37795-052107.
AN ORDINANCE amending and reordaining Section 36.2-205,
Dimensional Requlations, of Article II, Zoninq Districts, of Chapter 36.2,
Zoninq, 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. The Code of the City of Roanoke (1979), as amended, is
hereby amended and reordained by amending 936.2-205, Dimensional
Requlations, of Article II, Zoninq Districts, of Chapter 36.2, Zoninq, of the
Code of the City of Roanoke (1979), as amended, to read and provide as
follows:
Section 36.2-205, Dimensional requlations.
I
(d)
Lot frontage.
* * *
(3) In all residential districts, the minimum lot
frontage requirements for developments on cul-de-sacs
shall be measured at tne point of tne r<:quired depth of
the fl ont yard along the line of the minimum front yard
and such minimum frontage may be reduced to 75% of
the frontage required by the district, but in no case
shall the frontage at the right-of-way line be less than
thirty-five (35) feet.
* * *
(f)
Front yards.
I
(2) In the R-7, R-5, and R-3 Residential Single-Family
Districts and the RM-1 and RM-2 Residential Mixed
Density Districts, the required depth of the front yard
shall be determined and applied in accordance with
subsections (A) and (B), below, except that where a lot
has frontage on a cul-de-sac, the minimum and
maximum front yard depths of the applicable zoning
district shall apply. prOvided that, ill In the application
432
of subsection (A) or (B), the Zoning Administrator may
require a greater yard depth for public safety reasons.
I
(A) Where there is a building or are buildings on the
adjoining lots, the minimum and maximum front yards
of the applicable zoning district shall not apply, and
the required minimum and maximum front yard depths
shall be determined by whichever adjoining lot has the
shallowest established front yard depth as set forth in
subsections (i), (ii), (iii), -and (iv), and (v) below.
(i) If the line of the shallowest established front
yard depth lies between the lines of the minimum and
the maximum front yards of the district, the minimum
front yard depth shall be equal to the shallowest of the
established front yard depths of the adjoining lots, and
the maximum front yard depth shall be five (5) feet
greater than the minimum front yard depth established
by this subsection;
(ii) If the shallowest established front yard depth is
greater than the maximum front yard depth of the
district, the maximum front yard depth shall be equal
to that shallowest established front yard depth ()f the
adjoining lots, and the minimum front yard depth shall
be ten (10) feet less than the maximum yard depth
established by this subsection;
I
(iii) If the shallowest established front yard depth is
less than the minimum front yard depth of the district,
but greater than ten (10) feet, the minimum front yard
depth shall be equal to that shallowest established
front yard depth, and the maximum front yard depth
shall be ten (10) feet greater than the minimum yard
depth established by this subsection; or
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433
(iv) If the shallowest established front yard depth is
less than ten (10) feet, the minimum front yard depth
shall be ten (10) feet, and the maximum front yard
depth shall be twenty (20) feet.
(v) In the case of an addition of a porch to the front
of an existing principal structure, which addition is
unenclosed by solid vertical walls, the minimum front
yard depth shall be ten (/0) feet shallower than the
established building line of the existing principal
structure, provided that such minimum front yard
depth is no less than the minimum front yard depth of
the applicable zoning district.
(B) Where there are no buildings on any of the
adjoining lots, the minimum and maximum front yard
depths for the applicable zoning district shall apply.
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:
~~. ~-Jr
Sheila N. Hartman
Deputy City Clerk
e. ~~t\~
-
C. Nelson Harris
Mayor
434
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 21" day of May, 2007.
No. 37796-052107.
AN ORDINANCE authorizing the lease of approximately 2,100
square feet of space located within City-owned property located at 706
South Jefferson Street, S. E., Roanoke, Virginia, designated as Official Tax
Map No. 4013201, for a term of one (1) year beginning July 1, 2007, and
expiring June 30, 2008, with four mutually agreed upon one year renewal
options under the same terms; and dispensing with the second reading of
this ordinance by title.
WHEREAS, a public hearing was held on May 21, 2007, pursuant to
9915.2-1 800(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 Literacy Volunteers for the lease of approximately
2,100 square feet of space located within City-owned property located at
706 South Jefferson Street, S. E., Roanoke, Virginia, designated as OffiCial
Tax No. 4013201, 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 May 21 , 2007.
I
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:
~~.
~ \klW
c. Nelson Harris
Mayor
I
Sheila N. Hartman
Deputy City Clerk
435
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of June, 2007.
No. 37797-060407.
AN ORDINANCE accepting the bid of Ovations Food Services, L.P.,
a Pennsylvania limited partnership, ("Ovations") to be the exclusive
provider of all food, beverage, catering and concessions services at the
Roanoke Civic Center, located at 710 Williamson Road, N. E., Roanoke,
Virginia, for a term of ten (10) years; authorizing the City Manager to
take such further action and/or execute such further documents as may
be necessary to implement and administer such franchise and lease
agreement; and dispensing with the second reading of this ordinance.
WHEREAS, the City has, by advertisement, published once a week
for two successive weeks in a paper of general circulation published in
the City, publicly invited bids for the execution of the foregoing
agreement;
I
WHEREAS, the City desires to enter into a franchise and lease
agreement for the exclusive provision of food, beverage, catering and
concession services at the Roanoke Civic Center;
WHEREAS, one bid for the execution of the aforementioned
agreement was received pursuant to such advertisement and was publicly
opened at the Council meeting held Monday, May 7, 2007;
WHEREAS, Council held a public hearing on this matter at its
meeting on Monday, June 4, 2007, at which all persons were accorded a
full and fair opportunity to comment with respect to the proposed
agreement and lease for such franchise; and
WHEREAS, City Council determined that the bid of Ovations was -the
most responsive and responsible bid received by the City and Council is
desirous of accepting such bid.
I
436
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke as follows:
I
1. The bid of Ovations Food Services, L.P. , to be the exclusive
provider of all food, beverage, catering and concessions services at the
Roanoke Civic Center, for a term of ten (10) years, commencing July 1,
2007, subject to a management fee paid by the City to Ovations of 6.5%
of Ovations' gross sales from its catering and concession sales and 12.5%
of Ovations' total net profits, as further set forth in the City Manager's
letter to Council dated June 4, 2007, and upon such other terms and
conditions as the City Manager may deem appropriate and agree to, is
hereby ACCEPTED.
2. Ovations will be required to invest at least $600,000.00 to
build a kitchen for the Special Events Center at the Roanoke Civic Center,
such costs to be amortized over the first seven (7) years of the
agreement.
3. The City Manager and the City Clerk are authorized to
execute and attest, respectively, a franchise and lease agreement with
Ovations Food Services, L.P., for Ovations to be the exclusive provider, for
a term of ten years, of all food, beverage, catering and concessions I
services at the Roanoke Civic Center, located at 710 Williamson Road,
N. E., Roanoke, Virginia. All documents shall be upon form approved by
the City Attorney.
4. The City Manager is further authorized to take such further
action and/or execute such further documents as may be necessary to
implement and administer such agreement.
5. Pursuant to the provision of Section 12 of the City Charter,
the second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ J<"Y). yyt~
Stephanie M. Moon
City Clerk
Q
C. Nelson Harris
Mayor
I
437
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
. The 4th day of June, 2007.
No. 37798-060407.
AN ORDINANCE granting a revocable license for the use of certain
City-owned property located at the Roanoke Centre for Industry and
Technology to Canada Bread Bakeries, Inc., d/b/a Maple Leaf Bakery, Inc.,
upon certain terms and conditions; and dispensing with the second
reading of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
I
1. The City Manager and the City Clerk are authorized to
execute and attest, respectively, in form approved by the City Attorney, a
revocable license with Canada Bread Bakeries, Inc., d/b/a Maple Leaf
Bakery, Inc., for the use of approximately 12 acres of City-owned property
designated as Official Tax Map No. 7230103, at the Roanoke Centre for
Industry and Technology, located on Mason Mill Road, N. E., Roanoke,
Virginia, for the purpose of a temporary loading and unloading delivery
area, for a term commencing June 5, 2007, and expiring December 31,
2007, upon such terms and conditions as more particularly described in
the City Manager's letter to this Council dated June 4, 2007.
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:
~~~
City Clerk
C.v
C. elson Harris
Mayor
I
438
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 4th day of June, 2007.
No 37799-060407.
AN ORDINANCE amending Section 24-26, Rates for use and terms,
of Division 1, Generallv, of Article II, Civic Center. of Chapter 24, Public
Buildinqs and Propertv Generallv, amending Section 24-48, Authority,
Division 2, Civic Center Commission, of Article II, of Chapter 24, Public
Buildinqs and Propertv Generally, of the Code of the City of Roanoke
(1979) as amended; providing for an effective date; and dispensing with
the second reading of this ordinance by title.
WHEREAS, the Roanoke Civic Center Commission has concurred
with the following amendment to the City Code.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. Section 24-26, Rates for use and terms, of Division 1,
Generallv, of Article II, Civic Center, of Chapter 24, Public Buildinqs and
Propertv Generallv, of the Code of the City of Roanoke (1979) as
amended, be and it is hereby amended to read and provide as follows:
I
(a) The Roal1oke Ci'v'ic Center COhln1i.s.sion City Council shall establish
from time to time a current schedule of fees, rentals, rates, charges, and
terms to be required for use of the civic center and, subject to such limits
and guidelines as the commissiol1 Council may impose, authorize the
director of civic facilities to vary the fees, rentals, rates, charges, and
terms in certain instances for events at the civic center, including, without
limitation, concerts, plays, sporting events, circuses or ice shows.
(b) The director of civic facilities may negotiate and execute contracts,
licenses, or leases for the use of the civic center for single- or multiple-
date events, with the approval of the city manager or his or her designee,
that occur during any period of time of less than twelve (12) months.
Furthermore, the director of civic facilities may negotiate and execute
contracts, licenses, or leases for the use of the civic center for multiple
date events, with the concurrence of the city manager or the city
manager's designee, that occur over a time period of twelve (12) months
or more, but less than sixty (60) monthso ..ith the approval of the
Roanoke Ci'v'ic Center COl11l11is.siol1.
I
439
I
* * *
(d) Civic, religious and charitable organizations, the incomes of which
are exempt from taxation under the United States Internal Revenue Code,
may apply to the civic center manager for a civic rate, as established by
Council Roanoke Civic Center COl1lll'lissioll, to conduct a nonprofit activity
at the civic center, where the proceeds do not accrue to the benefit of an
individual, business or commercial entity. The director of civic facilities
may authorize the use of a civic rate. ;v\inel e sucn rate nas beEI'
establisned by the Roanoke Ci'"ic Center COIM,issiol1.
2. Section 24-48, Authoritv, Division 2, Civic Center
Commission. of Article II, of Chapter 24, Public Buildinas and Prooertv
Generallv. of Article II, Civic Center. of the Code of the City of Roanoke
(1979) as amended, is hereby amended to read and provide as follows:
I
Sec. 24-48. Authority. Function.
(a) The commission shall be the policy making arm of serve in an
advisory capacity for the Civic Center and, to that end, is hereby
delegated and shall exercise authol ity operate in the following matters.
manner:
(1) Within funds provided by appropriation, to decide UPOIo, dil ect
alod implement tne PIClI"otion al,d tne adveltising policy' of tne
recommend promotional methods to diversify or increase events at
the Civic Center Coliseum, Performing Arts Theatre, and Special
Events Center.
(2) To establish f-ees, rentals, I ates, charges, and telnH fur the use
of the
ci''/ic c~l1tEr as pro''/ided fur in sectiol' 24 2G of tnis Code
Recommend to City Council appropriate rates for fees, rentals,
rates, and terms for the use of the civic center, and for necessary
changes thereto,
(3) To determine Advise on aH-matters relating to the parking of
vehicles, transportation and traffic control at the Civic Center. anti-
to fees or charges made tl,elefule.
I
440
(4) To decide UpOl1 ttAdvise and report on the city's intent to
award of long-term contracts or agreements for naming rights,
sports teams, tenants, or any multi-year commitments providing
for (catering and product sales concessions) at the Civic Center,
such decision to be reported to the City Council for
implementation, if required; provided, however, that the rights of
no party to any outstanding or existing contract or agreement
heretofore executed shall be abridged or impaired.
(5) To determine and establish Advise and report matters of policy
with reference to ticket sales.
(6) Serve as ambassador and representative within the community
and assist in promotion of upcoming events and special activities.
(7) Advise on the acquisition of capital needs of the Civic Center in
order for the Civic Center to remain competitive.
(b) Authol ity ilo Matters not hereinabove specifically delegated to the
Commission shall remain with the Civic Center Director, City Councilor
the City Manager, as the case may be.
3. This ordinance shall commence and be in full force and effect
on July 1, 2007.
4. Pursuant to Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~o~.rre""
City Clerk
(!,
C. Nelson Harris
Mayor
I
I
I
441
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4'h day of June, 2007.
No. 37800-060407.
AN ORDINANCE amending and reordaining 9 14.1-1, Definitions,
9 14.1-17, Placement of brush. bulk brush. lawn rakinqs and loose leaves
for collection bv the city, 9 14.1-22, Same-Bulk items. brush and loose
leaves, and 914.1-23, Placement and collection of bulk items. brush and
loose leaves, 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.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
I
1. Section 14.1-1, Definitions, of Article I, In qeneral, of Chapter
14.1, Solid Waste Manaqement, of the Code of the City of Roanoke
(1979), as amended, is hereby amended and reordained to read and
provide as follows:
Section 14.1-1. Definitions.
* * *
Brush shall mean woody or leafy yard debris resulting containing
branches 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.
* * *
Lawn rakings shall mean leafy yard debris consisting primarily of
small diameter hedge trimmings and grass clippings, but not brush or
loose leaves.
* * *
Loose leaves shall mean leafy yard debris consisting solely
pril.1arily of leaves resulting from ordinary yard maintenance.
I
442
* * *
I
2. Section 14.1-17, Placement of brush. bulk brush. lawn
rakinQs and loose leaves for collection bv the citv, 914.1-22, Same-Bulk
items. brush and loose leaves, and 914.1-23, Placement and collection of
bulk items. brush and loose leaves, of Article II, Collection bvauthorized
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 14.1-17. Placement of brush. bulk brush. lawn rakinqs and
loose leaves for collection bv the city.
* * *
(d) Loose leaves. During leaf season, all loose leaves not placed in
an automated collection container must be separated from all
brush and lawn rakings and must either be raked as close as
possible to the curb or edge of asphalt without altering
stormwater drainage flow, or impeding sidewalk access, traffic
flow, or on-street parking; - placed in an automated collection
container, or placed in a plastic garbage bag of at least
thirteen-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 thirteen-gallon capacity which
must be secured against spillage.
I
* * *
Section 14.1-22. Same-Bulk items. - and Bbrush and loo3e leave3.
It shall be unlawful for any bulk items removed-, or brush cut, Of
loo3e leave3 I ake3, for a fee to be depOSited by any person in the public
right-of-way for removal by an authorized person.
f'~" .~ .',
I> " 1 . ..~_iJ
.:'
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443
* * *
Section 14.1-23. Placement and collection of bulk items. brush and
loose leaves.
(a)
The city will provide bulk item, ttnrl brush, and leaf collection
for the owner or occupant of any dwelling unit or multifamily
dwellings who uses an automated collection container
provided by the city. Such owner or occupant shall place a
bulk items -,or brush 01 loose lea\.es 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. During leaf
season only, loose leaves may be placed as close as possible
to the curb or edge of asphalt, so long as they do not alter
stormwater drainage flow, or impede sidewalk access, traffic
flow, or on-street parking. 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.
* * *
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:
~h?,!Yf~
Stephanie M. Moon
City Clerk
(.
C. Nelson Harris
Mayor
444
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4'h day of June, 2007.
No. 37801-060407.
A RESOLUTION authorizing an agreement with Roanoke Foundation
for Downtown, Inc., for funding to be used for the benefit of the Mounted
Patrol Unit of the Police Department.
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 attest, respectively, an agreement with the Roanoke
Foundation for Downtown, Inc., for funding to be used for the benefit of
the Mounted Patrol Unit of the Police Department, as described in the City
Manager's letter to this Council dated June 4, 2007.
2. Such agreement and any other necessary and appropriate
documents shall be in a form approved by the City Attorney.
APPROVED
ATTEST:
fY? .f'Y;bllYV
t.
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4'h day of June, 2007.
No. 37793-060407.
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 rezone five tracts of
land located on Highland Farm Road, N.w., and Ferncliff Avenue, N. W.,
and identified by Official Tax Nos. 6460102, 6460103, 6472207,
6472208 and 6472209, from INPUD, Institutional Planned Unit
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445
I
Development District, and ROS, Recreation and Open Space District, to
INPUD, Institutional Planned Unit Development District.
I
WHEREAS, the City of Roanoke, represented by Darlene L. Burcham,
City Manager, has made application to the Council of the City of Roanoke,
Virginia ("City Council"), to have the hereinafter described properties
rezoned from INPUD, Institutional Planned Unit Development District, and
ROS, Recreation and Open Space District, to INPUD, Institutional Planned
Unit Development District, to permit the redevelopment of the William
Fleming High School campus, such redevelopment to include a new
approximately 295,000 square foot main high school building, an
approximately 3,000 seat sports stadium, three new ballfields, two
practice fields, tennis courts, an approximately 3,362 square foot new
employee health center building located along Ferndale Drive, and two
new parking areas to the north and south of the new high school
building. The existing Lawson Hall and the William Ruffner Middle School
buildings will remain. The classroom wing (west) will have a parapet
height of approximately 33 feet, and the gym and theater in the east
wing will have a parapet height of approximately 40 feet. The stadium is
estimated to be 33-34 feet high, but will not exceed 40 feet high, and the
stadium will have four light poles at a height of approximately 70-75 feet
each. The exterior of the school will be brick and metal;
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 he,afing 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 May 21, 2007, 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, 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.
I
446
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that 936.2-100, Code of the City of Roanoke (1979), as amended, and the I
Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005,
as amended, be amended to reflect that five tracts of land located on
Highland Farm Road, N. W., and Ferncliff Avenue, N. W., more specifically
described as 3601 Ferncliff Avenue, N. W., and identified by Official Tax
Nos. 6460102, 6460103, 6472207, 6472208 and 6472209, be, and are
hereby rezoned from INPUD, Institutional Planned Unit Development
District, and ROS, Recreation and Open Space District, to INPUD,
Institutional Planned Unit Development District, to permit the
redevelopment of the William Fleming High School campus, as set forth in
the Application for Rezoning - Amended Application No. 1 of the City of
Roanoke, represented by Darlene L. Burcham, filed in the Office of the
Department of Planning Building and Economis. p~ve,lopment on
March 30, 2007. . , .
APPROVED
ATTEST:
"m.~
~.
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18'h day of June, 2007.
No. 37802-061807.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia through the Compensation Board Technology Trust Fund to cover
Supreme Court of Virginia maintenance fees and plat conversion charges
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 I
follows:
/
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447
Appropriations
Fees for Professional Services 35-120-5153-2010 $38,213.00
Revenues
Comp Board Tech Trust Fund #2
FY07 35-120-5153-5153 38,213.00
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:
~~1n.~~
CU~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of June, 2007.
No. 37803-061807.
A RESOLUTION accepting the Fiscal Year 2007-2008 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 2007-2008 funds for the Community
Development Block Grant (CDBG) program, Home Investment Partnerships
program (HOME), and the Emergency Shelter Grant (ESG) program are
hereby ACCEPTED, upon receipt of approval letters from the United States
Department of Housing and Urban Development (HUD).
448
I
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 18, 2007, to City Council.
APPROVED
ATTEST:
~ 1n.~4~
Stephanie M. Moon
City Clerk
Q~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of June, 2007.
No. 37804-061807.
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 2007-2008 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 2007-2008 Grant Fund Appropriations be, and
the same are hereby, amended and reordained to read and provide as
follows:
Appropriations
Washington Park/HOPE VI
Mortgage Assistance Program
RRHA Park Square Street (Project
Funds)
Mortgage Assistance Program
Mortgage Assistance Program
Unprogrammed Funds 06-07
RRHA Park Square Street (Project)
35-090-5311-5283
35-090-5311-5399
$(62,211.00)
9,990.00
35-090-5311-5428
35-090-5313-5399
35-090-5364-5399
35-090-5364-5482
35-090-5366-5428
52,221.00
22,821.00
22,821.00
(9,377.00)
188,922.00
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I Unprogrammed Funds 07-08 35-090-5366-5482 75,653.00
BRHDC New Gilmer Project (CHDO
Project Funds) 35-090-5366-5492 101,293.00
BRHDC New Gilmer Project (CHDO
Operate Funds) 35-090-5366-5493 10,129.00
BRHDC New Gilmer Project (Project
Funds) 35-090-5366-5494 294,805.00
BRHDC New Gilmer Project (Admin
Funds) 35-090-5366-5495 29,480.00
ESG - YWCA 35-E08-51 78-5250 14,530.00
ESG - TRUST 35-E08-5178-5251 31,531.00
ESG - TAP Transitional Living Center 35-E08-5178-5253 16,531.00
ESG - Roanoke Valley Interfaith
Hospitality Network 35-E08-51 78-5254 19,531.00
Hotel Roanoke 108 35-G02-0230-5135 1.00
Unprogrammed CDBG Carryover 3 5-G02-0240-51 84 (1.00)
Hotel Roanoke 108 35-G03-0330-5135 6,602.00
Unprogrammed CDBG Carryover 35-G03-0340-5184 (6,602.00)
Hotel Roanoke 108 35-G04-0430-5135 7,728.00
Unprogrammed CDBG Carryover 35-G04-0440-5184 (7,728.00)
Hotel Roanoke 108 35-G05-0530-5135 5,761.00
I Unprogrammed CDBG Carryover 35-G05-0540-5184 (5,761 .00)
Hotel Roanoke 108 3 5-G06-0630-51 35 113,066.00
,
Unprogrammed CDBG Carryover 35-G06-0640-5184 (66,498.00)
Unprogrammed CDBG Section 108
Loan 35-G06-0640-5188 (12,564.00)
Hotel Roanoke 108 3 5-G07-0730-51 35 107,870.00
Unprogrammed CDBG Section 108
Loan 35-G07-0740-5188 260.00
Empowering Individuals with
Disabilities 3 5-G08-0820-505 7 58,000.00
Demolition 3 5-G08-0820-51 08 130,000.00
Mortgage Assistance Program 35-G08-0820-5399 64,229.00
Park Street Square/RRHA (Project) 35-G08-0820-5428 333,857.00
Market Rate Officer at Home
(Project) 35-G08-0820-5456 200,000.00
Market Rate Officer at Home
(Delivery) 35-G08-0820-5457 50,000.00
Emergency Home Repair -TAP
(Project) 35-G08-0820-5470 70,000.00
Emergency Home Repair - TAP
I (Delivery) 35-G08-0820-5483 30,000.00
New Gilmer Project 35-G08-0820-5485 20,000.00
World Changers 2008 35-G08-0820-5486 75,000.00
450
New Gilmer Project (Delivery) 3S-G08-0820-5496 15,000.00
Historic Review Services 35-G08-0821-5403 10,000.00 I
Ten Year Plan to Eliminate
Homelessness 35-G08-0821-5473 11,000.00
Hotel Roanoke 108 3 5-G08-0830-51 35 222,988.00
Old Southwest, Inc. - NDG 3 5-G08-083 7-5028 7,276.00
Loudon/Melrose - NDG 3 S-G08-083 7-5245 13,000.00
Edgewood/Morwanda - NDG 3 S-G08-083 7-5 3 5 5 600.00
Hurt Park - NDG 3 5-G08-083 7-53 71 6,531.00
Melrose/Rugby Neighborhood
Forum - NDG 3 5-G08-073 7-5410 2,041.00
Hurt Park Infrastructure - RRHA 3 5-G08-083 7-5429 700,000.00
Wasena - NDG 35-G08-0837-5476 7,850.00
Boys & Girls Club - Teen Center
Exp. 35-G08-0837-54E7 50,000.00
Apple Ridge Farms 35-G08-0838-5084 11,550.00
West End Center 35-G08-0838-5160 13,200.00
Belmont Community Health Care
Center 35-G08-0838-5474 27,494.00
Pathfinders - PCC 35-G08-0838-5488 33,700.00
Hurt Park Skills Training - Goodwill 35-G08-0838-5490 60,000.00
Wrap-Around Roanoke - FSRV 35-G08-0838-5491 40,900.00 I
SWVA Second Harvest Kid's Cafe 3 5-G08-0838-5 503 19,312.00
Court Advocacy Services - CASA 3 5-G08-0838-S 504 25,700.00
Saint John's CYP 35-G08-0838-5S06 25,700.00
Revenues
HOME Program Income 05-06 35-090-5313-5315 37,960.00
HOME Program Income 06-07 35-090-5364-5365 13,444.00
HOME Entitlement 07-08 35-090-5366-5366 675,282.00
HOME Program Income 07-08 35-090-5366-5367 25,000.00
ESG Entitlement 07-08 35-E08-5178-5178 82,123.00
Other Program Income 35-G06-0600-2602 15,885.00
Hotel Roanoke Section 108
Repayment 35-G06-0600-2634 18,119.00
Home Ownership 35-G07-0700-2722 7,554.00
Hotel Roanoke Section 108
Repayment 35-G07-0700-2734 96,998.00
Rental Rehab 35-G07-0700-2740 288.00
Mortgage Assistance 35-G07-0700-2741 2,790.00
BSCI Micro Loan 35-G07-0700-2472 500.00
CDBG Entitlement 3 5-G08-0800-280 1 1,898,755.00
Other Program Income - RRHA 35-G08-0800-2803 5,000.00 I
Lease Payment - Cooper Industries 3 5-G08-0800-2 806 13,333.00
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Sands Woody Loan Repayment
TAP-SRO Loan Repayments
Home Ownership Assistance
Hotel Roanoke Section 108
Repayment
Rental Rehab Repayment
35-G08-0800-2817
35-G08-0800-2820
35-G08-0800-2822
6,722.00
5,618.00
5,000.00
400,000.00
500.00
35-G08-0800-2834
3 5-G08-0800-2 840
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:
~'rn.~~
Q
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18'h day of June, 2007.
No. 37805-061807.
A RESOLUTION authorizing the acceptance of a grant from The
Family and Children's Trust Fund to support innovative and creative
service delivery to prevent or treat family violence, including child abuse
and neglect, adult abuse and neglect, domestic violence, sexual assault,
dating violence and suicide; 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 a grant in the amount of
$10,000.00 from The Family and Children's Trust Fund to support
innovative and creative service delivery to prevent or treat family violence,
including child abuse and neglect, adult abuse and neglect, domestic
violence, sexual assault, dating violence and suicide, and as more
particularly set forth in the letter dated June 18, 2007, from the City
Manager to this Council.
452
2. The City Manager and the City Clerk are hereby authorized to
execute and attest, respectively, any 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
ATTEST:
(2"
~ a>? iY]'~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of June, 2007.
No.3 7806-061807.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia Family and Children's Trust Fund for a Certified Batterer
Intervention 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
Fees for Professional Services 35-630-5006-2010 $10,000.00
Revenues
Family & Children's Trust Fund
FY07 35-630-5006-5006 10,000.00
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453
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.~cfk~
~~h1, ~~
Stephanie M. Moon
City Clerk
C. Nelson Harris
. Mij,yor .
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of June, 2007.
No. 37807-061807.
A RESOLUTION approving/establishing a revised passenger fare
schedule for the Greater Roanoke Transit Company (GRTC), dba Valley
Metro; and authorizing the City Manager to take any necessary action to
accomplish the implementation of such fare schedule.
WHEREAS, the GRTC Board of Directors has approved and adopted a
revised passenger fare schedule as set forth in Attachment 1 to the City
Manager's letter dated June 18, 2007, to this Council; and
WHEREAS, GRTC has requested that City Council approve/establish
such revised passenger fare schedule pursuant to Section 34-22 (a) of the
Code of the City of Roanoke.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. City Council hereby approves/establishes the passenger fare
schedule that was approved and adopted by the GRTC Board of Directors,
all as set forth in the City Manager's letter dated June 18, 2007, and
Attachment 1 to such letter, such new fares to be effective July 2, 2007.
454
2. The City Manager is hereby authorized to take any necessary
action to accomplish the implementation of such fare schedule.
3. The City Clerk is directed to certify a copy of this Resolution
to the General Manager of GRTC.
APPROVED
ATTEST:
~ In. h-;~
Stephanie M. Moon
City Clerk
.,-,,"
, "
'to",'..
Q.
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of June, 2007.
No. 37808-061807.
AN ORDINANCE appropriating funding for the reimbursement of
Police Department Overtime from the Bureau of Alcohol Tobacco and
Firearms (ATF) and the Drug Enforcement Administration (DEA),
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
Revenues
ATF Service Reimbursment
DEA/OCDETF Service
Reimbursment
01-640-3112-1003
01-110-1234-1409
01-110-1234-1414
$26,300.00
8,500.00
17,800.00
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.........).,. .
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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
ATTEST:
~h1.'rv1c~
e,t{~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of June, 2007.
No. 37809-061807.
I
A RESOLUTION authorizing execution of an amendment to an
Agreement with the Art Museum of Western Virginia ("Art Museum"),
dated October 4,2000, as amended June 27, 2002, and August 18, 2005,
relating to the development of an art museum.
WHEREAS, pursuant to the authority contained in Resolution No.
35091-100200, adopted by City Council October 2, 2000, the City and
the Art Museum entered into an Agreement dated October 4, 2000,
amended June 27, 2002, and August 18, 2005, in connection with the
City's providing certain funding in relation to the Art Museum's proposal
to design, develop and construct a new building or complex located in
the City of Roanoke to house an Art Museum, and possibly other entities,
which Agreement required the performance of certain actions by a
particular date; and
WHEREAS, the parties mutually desire that the time of performance
as set forth in the Agreement with the Art Museum dated October 4,
2000, amended June 27, 2002, and August 18, 2005, be extended, and
amended.
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456
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the City Manager and the City Clerk are authorized to execute and
attest, respectively, an amendment to the Agreement with the Art
Museum dated October 4, 2000, amended June 27, 2002, and August 18,
2005, in order to extend the time of performance of certain actions
required to be taken by the Agreement, all in accordance with the
recommendations set forth in the report of the City Manager dated
June 18, 2007; such amendment to be approved as to form by the City
Attorney.
APPROVED
ATTEST:
~tn'hJ~~
Stephanie M. Moon
City Clerk
C2.
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18'h day of June, 2007.
No. 37810-061807.
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 provisid'hs-
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;
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457
WHEREAS, such amendments are a matter of public record which
are set forth in the Acts of Assembly and supplements and replacement
volumes of the State Code; and
WHEREAS, it is the desire of this Council that those provisions of
the City Code which adopt by reference State Code provisions shall be
fully consistent with enactments of the most recent Session of the
General Assembly.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
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.
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
ATTEST:
~tn.~~
Stephanie M. Moon
City Clerk
~.
C. Nelson Harris
Mayor
458
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of June, 2007.
No. 37811-061807.
AN ORDINANCE to appropriate funding from the Commonwealth
government 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
Test Fees
Academy Participation
Revenues
30-062-6912-0332-6100
30-062-6913-0129-6000
$4,929.00
6,000.00
Federal Grant Receipts
Federal Grant Receipts
30-062-6912-1102
30-062-6913-1102
4,929.00
6,000.00
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:
~'rY\~~~
Stephanie M. Moon
City Clerk
c
C. Nelson Harris
Mayor
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459
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of June, 2007.
No. 37812-061807.
A RESOLUTION ratifying and confirming the appointment of
Richard E. Huff, II, as a Director of the Western Virginia Water Authority,
which appointment was made on May 17, 2007, by the Board of Directors
of the Authority.
WHEREAS, pursuant to the Articles of Incorporation of the Western
Virginia Water Authority, the seventh director shall be appointed by the
Board and such appointment shall be ratified and confirmed by the
Council of the City of Roanoke and the Board of Supervisors of Roanoke
County; and
I
WHEREAS, the Council is advised by the Western Virginia Water
Authority, by letter dated January 19, 2007, that a vacancy has occurred,
created by the resignation of John B. Williamson effective November 16,
2006, and the Board has recommended the appointment of Richard E.
Huff, II, as the seventh member of the Board to fill the unexpired term,
which Roanoke County has ratified, and City Council concurs in the
recommendation.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows: ~, _ <,
"<:,j
,,",",
1. City Council does hereby ratify and confirm the Board's
appointment of Richard E. Huff, II, as the seventh member of the Board of
Directors of the Western Virginia Water Authority to fill the unexpired
term of John B. Williamson, III, effective immediately following the
May 17, 2007, Board of Directors meeting.
I
460
2. The City Clerk is directed to provide an attested copy of this I
resolution to the Board of Supervisors of Roanoke County, and to the
Western Virginia Water Authority.
APPROVED
ATTEST:
~m.rv;,wv
Stephanie M. Moon
City Clerk
Cl~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
l
The 18th day of June, 2007.
. 1
No. 37813-061807.
AN ORDINANCE establishing compensation for the City Manager, '
City Attorney, Director of Finance, Municipal Auditor, and City Clerk, for I
the fiscal year beginning July 1, 2007; and dispensing with the second"
reading by title of this ordinance.
I
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. For the fiscal year beginning July 1, 2007, and ending
June 30, 2008, 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, 2006, ending June 30, 2007, increased by four and two-tenths
percent (4.2%).
2.
under this
2007.
Any increase in compensation due to any officer or employee
Ordinance shall be first paid with the first paycheck in July
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.
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461
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.
S. The Director of Finance shall be authorized, for and on
behalf of the City, to execute any documents required by ICMA to
implement this ordinance.
6. This ordinance shall remain in effect until amended or
repealed by ordinance duly adopted by City Council.
7. Pursuant to the provisions of Section 12 of the City Charter,
the second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~~h1.~~
Stephanie M. Moon
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18" day of June, 2007.
No. 37814-061807.
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 establish a
comprehensive sign overlay district within the City of Roanoke to be
known as the Carilion Roanoke Memorial Campus Comprehensive Sign
Overlay District; and dispensing with the second reading by title of this
ordinance.
462
WHEREAS, Donald E. Lorton, Executive Vice President and I
Treasurer, Carilion Clinic, made application to the Council of the City of
Roanoke, Virginia ("City Council"), on behalf of Roanoke Hospital
Association, Roanoke Memorial Hospital, Carilion Medical Center, and
CHS, Inc., to establish a comprehensive sign overlay district on the
hereinafter described property within the City to be known as the Carilion
Roanoke Memorial Campus Comprehensive Sign Overlay 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 June 18, 2007, 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
establishment of the Carilion Roanoke Memorial Campus 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 at 2031 Jefferson Street, S. W., Official Tax No. 1041003; 1815
Belleview Avenue, S. E., Official Tax No. 4060201; 1906 Belleview Avenue,
S. E., Official Tax No. 4060301; four parcels on Hamilton Terrace, S. E.,
Official Tax Nos. 4040822, 4040823, 4040824, and 4040825; 2013
Jefferson Street, S.W., Official Tax No. 1041004; a parcel on Jefferson
Street,S. W., Official Tax NO.1 041 002; 1860 Jefferson Street, S. E., Official
Tax No. 4040507; and 2001 Crystal Spring Avenue, S. W., Official Tax No.
1040905, such district being limited to permitting signs as they apply to
the Carilion Roanoke Memorial Hospital campus consisting of the hospital,
3 parking garages, and the Crystal Spring Medical Office Building, and the
28.9 acres area zoned INPUD near the intersections of Jefferson Street,
Reserve Avenue, McClanahan and Belleview Avenues, and Hamilton
Terrace, such signage to consist of freestanding signs, building mounted
signs, and upper story wall signs, such signs being visible from various
locations on the campus and off the campus, should be designated as a
comprehensive sign overlay district to be known as the Carilion Roanoke
Memorial Campus Comprehensive Sign Overlay District, as herein
provided, and finds that such district meets the standards set forth in
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463
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. 1041003, 4060201, 4060301, 4040822, 4040823, 4040824,
4040825, 1041004, 1041002, 4040507, and 1040905, such district
being limited to permitting signs as they apply to the Carilion Roanoke
Memorial Hospital campus consisting of the hospital, 3 parking garages,
and the Crystal Spring Medical Office Building, and the 28.9 acres area
zoned INPUD near the intersections of Jefferson Street, Reserve Avenue,
McClanahan and Belleview Avenues, and Hamilton Terrace, be, and are
hereby, designated as a comprehensive sign overlay district to be known
as the Carilion Roanoke Memorial Campus Comprehensive Sign Overlay
District, as set forth in the Amended Application No. 2 - Rezoning
Application filed in the Office of Planning, Building and Economic
Development on May 7, 2007.
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\.~~
~~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
464
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 18th day of June, 2007.
No. 37815-061807.
AN ORDINANCE permanently vacating, discontinuing and closing
portions of certain public right-of-way in the City of Roanoke, as more
particularly described hereinafter; and dispensing with the second
reading by title of this ordinance.
WHEREAS, the Echo Sentinel Group, LLC, represented by Joseph
Lohkamp 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 portions of certain public
right-of-way described hereinafter;
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 I
Council on June 18, 2007, 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 public right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the public right-of-way situate in the City of Roanoke,
Virginia, and more particularly described as follows:
That certain portion of Breckenridge Avenue, N. W., that lies
between 31" and 30th Streets, N. W., and being adjacent to
parcels bearing Official Tax Nos. 2510301 and 2510303,
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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 right-of-way, reserving however, to the City of Roanoke and
any utility company or public authority, including, specifically, without
limitation, providers to or for the public of cable television, electricity,
natural gas or telephone service, an easement for sanitary sewer and
water mains, television cable, electric wires, gas lines, telephone lines,
and related facilities that may now be located in or across such public
right-of-way, together with the right of ingress and egress for the
maintenance or replacement of such lines, mains or utilities, such right to
include the right to remove, without the payment of compensation or
damages of any kind to the owner, any landscaping, fences, shrubbery,
structure or any other encroachments on or over the easement which
impede access for maintenance or replacement purposes at the time such
work is undertaken; such easement or easements to terminate upon the
later abandonment of use or permanent removal from the above-
described public right-of-way of any such municipal installation or other
utility or facility by the owner thereof.
I
BE IT FURTHER ORDAINED that the applicant shall submit to the
Subdivision Agent, receive all required approvals of, and record with the
Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with
such plat combining all properties which would otherwise dispose of the
land within the right-of-way to be vacated in a manner consistent with
law, and retaining appropriate easements, together with the right of
ingress and egress over the same, for the installation and maintenance of .
any and all existing utilities that may be located within the right-of-way.
BE IT FURTHER ORDAINED that prior to receiving all required
approvals of the subdivision plat referenced in the previous paragraph,
the applicant shall give to the Treasurer for the City of Roanoke a
certified check or cash in the amount of Three Thousand Dollars and
NO/l00 ($3,000.00) as consideration pursuant to 915.2-2008, Code of
Virginia (1950), as amended, for the vacated right-of-way.
I
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all
other conditions to the granting of the application, deliver to the Clerk of
the Circuit Court of the City of Roanoke, Virginia, a certified copy of this
ordinance for recordation where deeds are recorded in such Clerk's
Office, indexing the same in the name of the City of Roanoke, Virginia, as
Grantor, and in the name of the applicant, and the names of any other
parties in interest who may so request, as Grantees, and pay such fees
and charges as are required by the Clerk to effect such recordation.
466
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 I
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:
~1r1}~~
i ,.
Stephanie M. Moon i .
City Clerk
c
C. Nelson Harris
Mayor
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of June, 2007.
No. 37816-061807.
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 the MXPUD
development plan adopted by Ordinance No. 36998-032105, to allow for
placement of an alleyway behind the rowhouses on parcels bearings
Official Tax Nos. 1570153, 1570154 and 1570134, located on Colonial
Green Circle, Greenway Drive and Robyn Road, S. W., and an increase in
the number of rowhouse dwellings from 37 to 42; and dispensing with
the second reading by title of this ordinance.
I
467
I
WHEREAS, City of Roanoke and Colonial Green, LC, represented by
Michael Gay, Gay and Neel, Inc., have made application to the Council of
the City of Roanoke, Virginia ("City Council"), to amend the MXPUD
development plan adopted by Ordinance No. 36998-032105, to allow for
placement of an alleyway behind the rowhouses on parcels bearings
Official Tax Nos. 1570153, 1570154 and 1570134, located on Colonial
Green Circle, Greenway Drive and Robyn Road, S. W., and an increase in
the number of rowhouse dwellings from 37 to 42;
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 June 18, 2007, 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
MXPUD development plan for the property described as Official Tax Nos.
1570153, 1570154 and 1570134, located on Colonial Green Circle,
Greenway Drive and Robyn Road, S. W.; 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, requires the amendment of the MXPUD
development plan to allow for placement of an alleyway behind the
rowhouses on parcels bearings Official Tax Nos. 1570153, 1570154 and
1570134, located on Colonial Green Circle, Greenway Drive and Robyn
Road, S. W., and an increase in the number of rowhouse dwellings from
37 to 42, as herein provided.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
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 the amendment
of the MXPUD development plan adopted by Ordinance No. 36998-
032105, to allow for placement of an alleyway behind the rowhouses on
parcels bearings Official Tax Nos. 1570153, 1570154 and 1570134,
located on Colonial Green Circle, Greenway Drive and Robyn Road, S. W.,
468
and an increase in the number of rowhouse dwellings from 37 to 42, as
set forth in the Application for Amendment of Proffered Conditions, of I
City of Roanoke and Colonial Green, LC, filed in the Department of
Planning, Building and Economic Development on May 25,2007.
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:
~ hi. rrprw
Stephanie M. Moon
City Clerk
eLf!?~4k~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2'" day of July, 2007.
No. 37817-070207.
I
A RESOLUTION establishing a meeting schedule for City Council for
the Fiscal Year commencing July 1, 2007, and terminating June 30, 2008.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. This resolution establishes a s.chedule of regular meetings
for City Council for the Fiscal Year commencing July 1, 2007, and
terminating June 30, 2008.
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.
I
469
I
(b) Unless otherwise provided by resolution of
Council, each regular meeting on the third Monday in each
month shall commenCe at 2:00 p.m. for the conduct of
regular business. The second meeting of each month shall
be recessed upon the completion of all business except the
conduct of public hearings, and such meeting shall be
reconvened at 7:00 p.m. on the same day for the conduct of
public hearings.
3. With regard to the regular meetings scheduled to be held on
the 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 14-16, 2007, an exception is noted
herein and the regular meeting scheduled to be held on Monday,
October 15, 2007, is -'rescheduled to be held on Thursday, October 18,
2007, 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.
I
4.
holiday of
following.
When any regularly scheduled Monday meeting shall fall on a
the City, such meeting shall be held on Tuesday next
S. 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, 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 Chamber,
Room 450, of the Municipal Building, unless otherwise provided by
resolution of Council, with the exception of the 9:00 a.m. session of the
regular meeting on August 6, 2007, which shall be held in the Richard
Shelly Lecture Hall, at Roanoke Valley Governor's School located at 2104
.Grandin Road, S. W., Roanoke, Virginia.
I
470
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
8. This Resolution shall have no application to special meetings
of City Council called pursuant to 910 of the City Charter-
APPROVED
ATTEST:
A~~ rn.rry~
Stephanie M. Moon
City Clerk
c~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 2'" day of July, 2007.
No. 37818-070207.
A RESOLUTION approving a financing by the Industrial Development
Authority of Botetourt County, Virginia for the benefit of Goodwill
Industries of the Valleys, Inc. to the extent required by Section 147(f) of
the Internal Revenue Code of 1986, as amended.
WHEREAS, the Industrial Development Authority of Botetourt
County, Virginia (the "Authority") has considered the application of
Goodwill Industries of the Valleys, Inc. (the "Borrower") requesting the
issuance of one or more of the Authority's revenue bonds or notes in an
amount not to exceed $7,500,000.00 (the "Bonds") to assist in the
financing of the acquisition, renovation and equipping df two existing
buildings, containing approximately 95,000 and 8,000 square feet, and
adjoining land (the "Project") to be used by the Borrower for offices, a
workforce development center, a thrift store and warehouse space, I
located at 2502 and 2520 Melrose Avenue, N. W., in the City of Roanoke,
I
I
I
471
Virginia (the "City"), and which Project will be owned and operated by the
Borrower (but with a portion thereof possibly being leased, on a
temporary basis, to a current occupant of the Project to' be used for
offices and as a warehouse), and the Authority has held a public hearing
thereon; and
WHEREAS, it has been requested that the Council of the City (the
"Council") approve the financing of the Project and the issuance of the
Bonds, and such approval is required for compliance with Section 147(f)
of the Internal Revenue Code of 1986, as amended;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ROANOKE, VIRGINIA:
1. The Council approves the financing of the Project and the
issuance of the Bonds by the Authority for the benefit of the Borrower, as
required by said Section 147(f), to permit the Authority to assist in the
financing of the Project. The Council concurs with the resolution adopted
by the Authority on June 14, 2007 with respect to the Bonds and the
Project.
2. The approval of the issuance of the Bonds, as required by
said Section 147(f), does not constitute an endorsement of the Bonds, the
creditworthiness of the Borrower or the economic viability of the Project.
The Bonds shall provide that neither the Commonwealth of Virginia (the
"Commonwealth") nor any political subdivision thereof, including the City,
Botetourt County (the "County") and the Authority, shall be obligated to
pay the principal of or interest on the Bonds or other costs incident
thereto except from the revenues 'and receipts pledged therefore and that
neither the faith or credit nor the taxing power of the Commonwealth or
any political subdivision thereof, including the City, the County and the
Authority, shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
APPROVED
ATTEST:
A~I>?I"J~
Stephanie M. Moon
City Clerk
CUJ>~
C. Nelson Harris
Mayor
472
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 20' day of July, 2007.
No. 37819-070207.
A RESOLUTION accepting the Foundation for Rehabilitation
Equipment and Endowment ("FREE") grant made to the City from the State
Department of Rehabilitative 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 Foundation for
Rehabilitation Equipment and Endowment ("FREE") grant made to the City
from the State Department of Rehabilitative Services in the amount of
$15,000.00 upon all the terms, provisions and conditions relating to the
receipt of such funds, all as more particularly described in the letter of
the City Manager to Council, dated July 2, 2007.
2. The City Manager and the City Clerk are hereby authorized to I
execute, seal, and attest, respectively, any grant agreement and all
necessary documents required to obtain, accept, implement, administer,
and use 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:
C.~IVWO
~~:~ Ir). '7f>>-N
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
I
I
I
I
473
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2"' day of July, 2007.
No. 37820-070207.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia Department of Rehabilitative Services to expand access to
assistive technology, amending and reordaining certain sections of the
2007-2008 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 2007-2008 Grant Fund Appropriations be, and
the same are hereby, amended and reordained to read and provide as
follows:
Appropriations
Fees for Professional
Services
Revenues
Free Foundation Grant
FY08 - State
35-630-5167-2010
$15,000.00
35-630-5167-5167
$15,000.00
. Pursuant to the provIsions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
C.~a~
- m. hJO'lf-yJ
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
474
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20d day of July, 2007.
I
No.3 7821-070207.
An ORDINANCE authorizing the City Manager's issuance and
execution of additional Change Orders to the City's contract with Lanford
Brothers Company, Incorporated, for additional work for the Main Street
(Wasena) Bridge Rehabilitation Project; 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 hereby authorized, for and on behalf of
the City, to issue and execute such additional Change Orders as may be
necessary to the City's contract with Lanford Brothers Company,
Incorporated, for additional work for the Main Street (Wasena) Bridge
Rehabilitation Project,' all as more fully set forth in the City Manager's
letter to this Council dated July 2,2007.
2. The form of such Change Orders shall be approved by the
City Attorney.
I
3. Such Change Orders will provide authorization for additions
to the work, with an increase in the amount of the contract and provided
the total amount of such Change Orders will not exceed an additional
$274,463.00, so that such contract amount may be increased by such
Change Orders up to a total of $729,542.00, all as set forth in the above
letter.
" 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"
.
/
ATTEST:
c;wst~
~tn. rr-;~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
I
I
I
I
475
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2cd day of July, 2007.
. No. 37822-070207.
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 dated July 1, 2007,
which includes a mutual indemnity provision, with the Roanoke Valley
Convention and Visitors Bureau for a term of one year, from July 1, 2007,
through June 30, 2008, 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 July 2, 2007.
2. The contract amount authorized by this resolution shall not
exceed $847,440.00 without further Council authorization, except for the
adjustment which the Director of Finance is authorized to make in
accordance with the agreement.
3. Such agreement shall be in such form as is approved by the
City Attorney, and shall be substantially similar to the one attached to the
above mentioned letter.
APPROVED
ATTEST:
c~~
. m. fYJ (}(JytJ
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
476
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 2'" day of July, 2007.
No. 37823-070207.
AN ORDINANCE amending and reordaining Ordinance No. 30725-
102191; and dispensing with the second reading by title of this
ordinance.
WHEREAS, by adopting Ordinance No. 30725-102191, on
October 21, 1991, City Council intended to permanently vacate,
discontinue and close a certain 10' wide alley running from Williamson
.Road and terminating on the property then owned by Lady Bird Apparel,
Inc., as it abuts the Roy L. Webber Expressway, located in Sections 3
and 4, Map of Jefferson Land Company, identified as Official Tax No.
40130210;
WHEREAS, Ordinance No. 3072 5-102191 provided that it would be
null and void, with no further action by City Council being necessary, if a
certified copy of Ordinance No. 3072 5-102191 were not recorded by the
Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds I
are recorded in such Clerk's Office, within twelve months of the date of
adoption of the ordinance;
WHEREAS, Ordinance No. 30725-102191 became null and void, by
its terms, when a certified copy of Ordinance No. 30725-102191 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 twelve months will
effectuate the purpose of Ordinance No. 30725-102191; .
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that the next to last paragraph of Ordinan~e{.r\.fo: 30725-102191 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 twelve (12) months from the date of reordainment of this
ordinance, then such ordinance shall be null and void with no further
action by City Council being necessary.
I
I
I
I
477
BE IT FURTHER ORDAINED that the applicant shall record a certified
copy of this ordinance along with the copy of Ordinance No. 3072 5-
102191 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
ATTEST:
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20' day of July, 2007.
No. 37824-070207.
A RESOLUTION approving a Public Art Action Plan for Fiscal Year
2007- 2008.
BE IT RESOLVED by the Council of the City of Roanoke that Council
hereby approves the Public Art Action Plan for Fiscal Year 2007- 2008
which is part of the City Manager's report dated July 2, 2007, as a part of
the City's Public Art Policy.
APPROVED
ATTEST:
~IY7. h]oo.N
Stephanie M. Moon
City Clerk
c,~~
C. Nelson Harris
Mayor
478
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20' day of July, 2007.
I
No. 37825-070207.
AN ORDINANCE to transfer funding from the Capital Projects Fund
to various new Public Art Projects, amending and reordaining certain
sections of the 2007-2008 Capital Projects Fund Appropriations and
dispensing with the second reading by title of this ordinance.
BE 11 ORDAINED by the Council of the City of Roanoke that the
following sections of the 2007-2008 Capital Projects Fund Appropriations
be, and the same are hereby, amended and reordained to read and
provide as follows:
Appropriations
CMERP -Equipment Purchases
Appropriated from General
Revenue
Appropriated from General
Revenue
Appropriated from General
Revenue
Appropriated from General
Revenue
08-610-9932-9003
$(215,000.00)
125,000.00
10,000.00
60,000.00
20,000.00
I
08-610-9929-9132
08-610-9930-9003
08-610-9931-9003
08-610-9933-9003
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.~1VWt
c. Nelson Harris
, '
. Mayor ': '
~ h?.rr;~
Stephanie M. Moon
City Clerk
I
479
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20' day of July, 2007.
No. 37826-070207.
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 Urban Forester on storm damage assessment
protocol and related urban forestry activities; 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:
I
1. The City of Roanoke hereby accepts the Urban and
Community Forest Grant, in the amount of $13,500.00, to fund a part-
time Urban Forestry Planner to work with the City's Urban Forester on
storm damage assessment protocol and related urban forestry activities,
and as more particularly set forth in the letter dated July 2, 2007, from
the City Manager to this Council.
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
ATTEST:
. . ~ h? tr;r>>N
Stephanie M. Moon
City Clerk
0~#~
c. Nelson Harris
Mayor
I
480
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2"' day of July, 2007.
No. 37827-070207.
AN ORDINANCE to appropriate funding from th\!,Commonwealth of
Virginia for the Urban and Community Forestry Grant, amending.. and
reordaining certain sections of the 2007-2008 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 2007-2008 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
Revenues
Urban & Community
Forestry Grant FY08
Urban & Community
Forestry Grant FY08
Local Match
01-620-4340-1004
01-250-9310-9535
$ (11,285.00)
11,285.00
I
35-620-4352-1002
35-620-4352-1105
35-620-4352-1116
35-620-4352-1120
35-620-4352-1125
35-620-4352-1126
35-620-4352-1130
17,618.00
2,771.00
650.00
1,348.00
2,070.00
129.00
199.00
35-620-4352-4352
13,500.00
11,285.00
35-620-4352-4353
I
I
481
Pursuant to the provisions of Section 1'2 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
APPROVED
(j
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2" day of July, 2007.
No. 37828-070207.
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
2007-2008 School Fund 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 of the 2007-2008 School Fund Appropriations be, and
the same are hereby, amended and reordained to read and provide as
follows:
I
Appropriations
Elementary Teachers
Year-Round Teachers -
Hurt Park
Coordinators
Extended Instruction
Supplements
Staff Development
Evaluation Specialist
Teachers Aides
Clerical.
Retiree Health Credit
Retiree Health Credit
30-061-6143-0121-6000
$2,168,226.00
71,200.00
215,763.00
30-061-6143-0121-6449
30-061-6143-0124-6000
30-061-6143-0129-6000
30-061-6143-0129-6200
30-061-6143-0138-6200
30-061-6143-0141-6000
30-061-6143-0151-6200
30-061-6143-0200-6000
30-061-6143-0200-6200
269,141.00
82,682.00
52,000.00
470,927.00
30,000.00
28,549.00
820.00
482
Social Security 30-061-6143-0201-6000 238,990.00
Socjal Security 30-061-6143-0201-6200 12,598.00 I
Social Security 30-061-6143-0201-6449 5,447.00
. Retirement 30-061-6143-0202-6000 300,249.00
Retirement 30-061-6143-0202-6200 8,437.00
Health Insurance 30-061-6143-0204-6000 414,221.00
Health Insurance 30-061-6143-0204-6200 9,760.00
Group Life Insurance 30-061-6143-0205-6000 28,549.00
Group Life Insurance 30-061-6143-0205-6200 820.00
Indirect Costs 30-061-6143-0212-6200 85,117.00
Maintenance & Repair 30-061-6143-0332-6200 13,000.00
Travel 30-061-6143-0551-6200 2,500.00
Transportation Services 30-061-6143-0583-6200 672,241.00
Eval uation 30-061-6143-0584-6200 2,500.00
Parent Involvement 30-061-6143-0585-6200 53,828.00
Dissemination 30-061-6143-0587-6200 25,000.00
Administrative Supplies 30-061-6143-0601-6200 1,500.00
Food 30-061-6143-0602-6200 27,750.00
Instructional Supplies 30'061-6143-0614-6000 40,000.00
Instructional Equipment 30-061-6143-0821-6000 48,000.00
Equipment 30-061-6143-0821-6200 3,000.00 I
Teacher Stipends 30-061 -61 44-01 29-6000 38,600.00
Social Security 30-061-6144-0201-6000 2,900.00
Contracted Professional
Development 30-061-6144-0313-6000 255,000.00
Printing Expense 30-061-6144-0351-6000 25,000.00
Staff/Consultant Travel 30-061 -61 44-0551 -6000 8,500.00
Evaluation Services 30-061-6144-0584-6000 35,000.00
Instructional Materials 30-061-6144-0614-6000 35,000.00
Teachers . 30-061-6277-0121-6000 476,442.00
English/Language Arts
Teacher 30-061-6277-0121-6104 77,646.00
Math Teacher 30-061-6277-0121-6108 40,224.00
Supervisors 30-061-6277-0124-6000 87,550.00
Staff Development 30-061-6277-0129-6000 39,500.00
Retiree Health Credit 30-061-6277-0200-6000 2,950.00
Retiree Health Credit 30-061-6277-0200-6104 427.00
Retiree Health Credit 30-061-6277-0200-6108 221.00
Social Security 30-061-6277-0201-6000 47,488.00
Social Security 30-061-6277-0201-6104 5,940.00
Social Security 30-061-6277-0201-6108 3,077.00 I
Retirement 30-061-6277-0202-6000 98,402.00
Retirement 30-061-6277-0202-6104 8,564.00
I
Retirement
Health Insurance
Health Insurance
Health Insurance
Group Life Insurance
Group Life Insurance
Group Life Insurance
Contracted Services
Travel
Evaluation Services
Instructional Supplies
Visiting Teachers
Retiree Health Credit
Social Security
Retirement
Health Insurance
Group Life Insurance
Instructional Materials
Teacher Stipends
Social Security
Health Insurance
Travel
Instructional Materials
Professional Development
Social Security
Other Costs
Supplies
Instructor
Instructor
Professional Development
Professional Development
Social Security
Social Security
Purchased Services
Purchased Services
Travel
Travel
Other Costs
Other' Costs
Instructional Supplies
Instructional ?upplies
Substitute Teachers
Teachers
I
I
30-061-6277-0202-6108
30-061-6277-0204-6000.
30-061-6277-0204-6104
30-061-6277-0204-6108
30-061-6277-0205-6000
30-061-6277-0205-6104
30-061-6277-0205-6108
30-061-6277-0313-6000
30-061-6277-0554-6000
30-061-6277-0585-6000
30-061-6277-0614-6000
30-061-6281-0123-6231
30-061-6281-0200-6231
30-061-6281-0201-6231
30-061-6281-0202-6231
30-061-6281-0204-6231
30-061-6281-0205-6231
30-061-6281-0613-6231
30-062-6145-0121-6104
30-062-6145-020,1-6104
30-062-6145-0204-6104
30-062-6145-0551-6104
30-062-6145-0614-6104
30-062-6278-0129-6002
30-062-6278-0201-6002
30-062-6278-0586-6002
30-062-6278-0614-6002
30-062-6279-0121-6005
30-062-6279-0121-6105
30-062-6279-0129-6005
30-062-6279-0129-6105
30-062-6279-0201-6005
30-062-6279-0201-6105
30-062-6279-0313-6005
30-062-6279-0313-6105
30-062-6279-0554-6005
30-062-6279-0554-6105
30-062-6279-0587 -6005
30-062-6279-0587-6105
30-062-6279-0614-6005
30-062-6279-0614-6105
. 30-062-6349-0021-6146
30-062-6349-0121-6146
483
4,437.00
82,286.00
7,320.00
4,880.00
2,286.00
2,286.00
2,287.00
4,723.00
19,077.00
20,000.00
1,000.00
25,317.00
253.00
1,937.00
3,183.00
2,000.00
253.00
1,462.00
20,200.00
1,545.00
5,363.00
3,000.00
3,000.00
21,663.00
1,657.00
789.00
25,201.00
29,000.00
5,000.00
3,000.00
3,000.00
6,450.00
401.00
10,000.00
10,000.00
2,000.00
2,000.00
4,000.00
2,000.00
20,000.00
9,458.00
412.00
716,743.00
484
Counselor 30-062-6349-0123-6146 40,033.00
Director 30-062-6349-0126-6319 90,630.00 I
Intercession/Mentors hip 30-062-6349-0129-6146 13,905.00
In-service 30-062-6349-0129-6346 2,800.00
Clerical 30-062-6349-0151-6319 37,984.00
Temporary Clerical
Support 30-062-6349-0151-6346 2,062.00
Custodian 30-062-6349-0192-6681 21,358.00
Retiree Health Credit 30-062-6349-0200-6146 3,187.00
Retiree Health Credit 30-062-6349-0200-6319 640.00
Social Security 30-062-6349-0201-6146 51,873.00
Social Security 30-062-6349-0201-6319 10,193.00
Social Security 30-062-6349-0201-6346 372.00
Social Security 30-062-6349-0201-6681 1,525.00
State Retirement 30-062-6349-0202-6146 94,278.00
Retirement 30-062-6349-0202-6319 18,921.00
City Retirement 30-062-6349-0203-6681 1,707.00
Health Insurance 30-062-6349-0204-6146 87,599.00
Health Insurance 30-062-6349-0204-6319 6,409.00
Health Insurance f! 30-062-6349-0204-6681 6,170.00
Group Life Insurance 30-062-6349-0205-6146 7,504.00
Group Life Insurance 30-062-6349-0205-6319 1,506.00 I
Temporary Services 30-062-6349-0321-6346 1,200.00
Service Contracts 30-062-6349-0332-6346 5,258.00
Purchased Services 30-062-6349-0381-6346 8,500.00
Electrical Service 30-062-6349-0511-6681 42,488.00
Natural Gas/Water
Services 30-062-6349-0512-6681 14,266.00
Telecommunications 30-062-6349-0523-6681 1,000.00
Local Travel 30-062-6349-0551-6146 350.00
Local Travel 30-062-6349-0551-6319 350.00
Conference Travel 30-062-6349-0554-6146 5,000.00
Conference Travel 30-062-6349-0554-6319 2,000.00
Field Trips 30-062-6349-0583-6146 1,000.00
Administrative Supplies 30-062-6349-0601-6319 5,000.00
Maintenance Supplies 30-062-6349-0608-6681 2,000.00
Textbooks 30-062-6349-0613-6146 25,500.00
Library Materials 30-062-6349-0613-6346 256.00
Software 30-062-6349-0614-6146 12,000.00
Instructional Supplies 30-062-6349-0614-6346 40,000.00
Spec Reg Outreach & I
Collab 30-062-6349-0615-6146 3,000.00
. Equipment 30-062-6349-0821-6346 95,643.00
I
Instructional Technology
Principal Repayment
Interest on Debt
Program Director
Activity Assistants
Social Security
Indirect Costs
Contracted Services
Conference Travel
Pupil Transportation
Supplies
Equipment
Program Director
Activity Assistants
Social Security
Indirect Costs
Contracted Services
Conference Travel
Pupil Transportation
Supplies
Equipment
Instructional Staff
Program Director
Activity Assistants
Media Assistant
Social Security
Indirect Costs
Contracted Services
Conference Travel
Pupil Transportation
Supplies
Teachers
Coordinators
Psychologist
Classroom Aides
Bus Aides
Retiree Health Credit
Social Security
Social Security
State Retirement
Health Insurance
Health Insurance
Gus Aide Annuities
I
I
30-062-6349-0826-6346
30-062-6349-0901-6998
30-062 -6 349-090 2 -69 98
30-062-6350-0124-6000
30-062-6350-0141-6000
30-062-6350-0201-6000
30-062-6350-0212-6000
30-062-6350-0313-6000
30-062-6350-0554-6000
30-062-6350-0583-6000
30-062-6350-0614-6000
30-062-6350-0821-6000
30-062-6351-0124-6000
30-062-6351-0141-6000
30-062-6351-0201-6000
30-062-6351-0212-6000
30-062-6351-0313-6000
30-062-6351-0554-6000
30-062-6351-0583-6000
30-062-6351-0614-6000
30-062-6351-0821-6000
30-062-6352-0121-6100
30-062-6352-0124-6100
30-062-6352-0141-6100
30-062-6352-0151-6100
30-062-6352-0201-6100
30-062-6352-0212-6100
30-062-6352-0313-6100
30-062-6352-0554-6100
30-062-6352-0583-6100
30-062-6352-0614-6100
30-062-6519-0121-6553
30-062-6519-0124-6553
30-062-6519-0132-6553
30-062-6519-0141-6553
30-062-6519-0142-6553
30-062-6519-0200-6553
30-062-6519-0201-6553
30-062-6519-0201-6553
30-062-6519-0202-6553
30-062-6519-0204-6553
30-062-6519-0204-6553
30-062-6519-0214-6553
485
5,400.00
193,500.00
115,272.00
17,640.00
65,200.00
6,296.00
2,307.00
30,970.00
2,381:00
12,500.00
39,325.00
10,000.00
17,640.00
65,200.00
6,296.00
2,307.00
30,970.00
2,381.00
12,500.00
39,325.00
10,000.00
34,890.00
12,242.00
21 ,600.00
7,200.00
11,815.00
2,730.00
49,361.00
1,962.00
12,500.00
25,700.00
1,613,868.00
142,324.00
28,060.00
103,362.00
136,239.00
10,382.00
87,514.00
10,422.00
108,124.00
37,693.00
44,428.00
4,780.00
486
Contracted Health Services 30-062-6519-0311-6553 586,415.00
Contracted Psychologist I
Intern 30-062-6519-0331-6553 18,000.00
Travel 30-062-6519-0554-6553 12,000.00
In-service 30-062-6519-0587-6553 7,000.00
Supplies 30-062-6519-0614-6553 115,330.00
Equipment 30-062-6519-0821-6553 37,000.00
Educational Coordinators 30-062-6520-0138-6554 36,600.00
Social Security 30-062-6520-0201-6554 6,767.00
Indirect Costs 30-062-6520-0212-6554 1,830.00
Staff Travel 30-062-6520-0551-6554 1,350.00
Instructional Materials 30-062-6520-0614-6554 2,100.00
Substitute Teachers 30-062-6521-0021-6554 3,500.00
Principal 30-062-6521-0126-6554 74,029.00
Educational Coordinators 30-062-6521-0138-6554 283,526.00
Retiree Health Credit 30-062-6521-0200-6554 4,040.00
Social Security 30-062-6521-0201.6554 27,620.00
State Retirement 30-062-6521-0202-6554 50,772.00
Health Insurance 30-062-6521-0204-6554 66,476.00
Group Life Insurance 30-062-6521-0205-6554 4,040.00
Indirect Costs 30-062-6521-0212-6554 17,893.00
Staff Travel 30-062-6521-0551-6554 6,500.00 I
Instructional Materials 30-062-6521-0614-6554 .17,200.00
Other Costs 30-062-6521-0615-6554 5,000.00
Equipment 30-062-6521-0821-6554 2,000.00
Summer Diagnostic
Services 30-062-6522-0129-6553 21,637.00
Teacher Aides 30-062-6522-0141-6553 30,041.00
Retiree Health Credit 30-062-6522-0200-6553 240.00
Social Security 30-062-6522-0201-6553 4,133.00
State Retirement 30-062-6522-0202-6553 2,980.00
Health Insurance 30-062-6522-0204-6553 9,225.00
Purchased Services 30-062-6522-0311-6553 11,500.00
Tuition 30-062-6522-0382-6553 18,720.00
Travel 30-062-6522-0551-6553 3,224.00
Field Trips 30-062-6522-0583-6553 1,800.00
Parent Involvement 30-062-6522-0585-6553 800.00
Other Costs 30-062-6522-0586-6553 2,724.00
Supplies 30-062-6522-0614-6553 17,050.00
Equipment 30-062-6522-0821-6553 4,464.00
Special Education Teacher 30-062-6523-0121-6554 66,685.00 I
Visiting Teachers 30-062-6523-0123-6554 47,094.00
Secretary 30-062-6523-0151-6554 15,933.00
487
I Retiree Health Credit 30-062-6523-0200-6554 512.00
Social Security 30-062-6523-0201-6554 9,923.00
State Retirement 30.062-6523-0202-6554 16,157.00
Health Insurance 30-062-6523-0204-6554 12,502.00
Group Life Insurance 30-062-6523-0205-6554 1,286.00
Instructional Materials 30-062-6523-0614-6554 5,000.00
Teachers 30-062-6707-0121-6450 91,035.00
Clerical 30-062-6707-0151-6550 28,180.00
Retiree Health Credit 30-062-6707-0200-6550 155.00
Social Security 30-062-6707-0201-6450 15,872.00
Social Security 30-062-6707-0201-6550 2,156.00
State Retirement 30-062-6707-0202-6550 3,275.00
Health Insurance 30-062-6707-0204-6550 5,328.00
Instructional Travel 30-062-6707-0551-6450 2,975.00
Instructional Supplies 30-062-6707-0614-6450 24,105.00
Instructional Equipment 30-062-6707-0821-6450 6,919.00
Coordinators 30-062-6708-0121-6138 60,304.00
Retiree Health Credit 30-062-6708-0200-6138 332.00
Social Security 30-062-6708-0201-6138 7,412.00
State Retirement 30-062-6708-0202-6138 6,651.00
I Health Insurance 30-062-6708-0204-6138 4,880.00
Part Time Instructors 30-062-6708-0313-6138 28,831.00
Teachers 30-062-6709-0121-6138 57,101.00
Retiree Health Credit 30-062-6709-0200-6138 257.00
Social Security 30-062-6709-0201-6138 4,368.00
State Retirement 30-062-6709-0202-6138 8,108.00
Health Insurance 30-062-6709-0204-6138 6,170.00
Group Life Insurance 30-062-6709-0205-6138 645.00
Purchased Services 30-062-6709-0313-6138 5,000.00
Other Charges 30-062-6709-0614-6138 24,646.00
Technology Education
Equipment 30-062-6709-0821-6138 249,723.00
Specialist 30-062-6710-0124-6351 34,475.00
Clerical 30-062-6710-0151-6351 10,000.00
Social Security 30-062-6710-0201-6351 3,403.00
Communications 30-062-6710-0523-6351 622.00
Travel 30-062-6710-0551-6351 1,500.00
GED Examiners 30-062-6711-0121-6550 13,934.00
Social Security 30-062-6711-0201-6550 1 ,066.00
Instruction and
I . Assessment 30-062-6712-0121-6451 23,223.00
~,
Social Security 30-062-6712-0201-6451 1,777.00
City Jail-Teachers 30-062-6713-0121-6550 22,681.00
488
City Jail-Social Security 30-062-6713-0201-6550 1,735.00
GED Examiners 30-062-6714-0121-6550 8,800.00 I
Social Security 30-062-6714-0201-6550 668.00
Testing Fee Tuition 30-062-6714-0382-6550 13,050.00
Supplies 30-062-6714-0614-6550 2,482.00
Secondary Teachers 30-062-6914-0121-6100 51,546.00
Teacher Aides 30-062-6914-0141-6100 48,497.00
Retiree Health Credit 30-062-6914-0200-6100 387.00
Social Security 30-062-6914-0201-6100 6,575.00
Retirement 30-062-6914-0202-6100 12,204.00
Health Insurance 30-062-6914-0204-6100 10,810.00
Group Life Insurance 30-062-6914-0205-6100 971.00
Contracted Services-Salem
City 30-062-6914-0311-6100 55,300.00
Instructor 30-062-6916-0121-6100. 35,392.00
Retiree Health Credit 30-062-6916-0200-6100 178.00
Social Security 30-062-6916-0201-6100 2,478.00
Retirement 30-062-6916-0202-6100 3,572.00
Health Insurance 30-062-6916-0204-6100 4,880.00
Field Trips 30-062-6916-0583-6100 3,500.00
School Instructional
Technology 30-062-6917-0826-6102 856,000.00 I
Governor's
Sch.lnstructional Tech 30-062-6917-0826-6146 26,000.00
Counselor 30-063-6280-0123-6315 85,656.00
Professional Dev.elopment 30-063-6280-0129-6315 876.00
Retiree Health Credit 30-063-6280-0200-6315 857.00
Social Security 30-063-6280-0201-6315 1,850.00
Retirement 30-063-6280-0202-6315 3,000.00
Health Insurance. 30-063-6280-0204-6315 2,686.00
Group Life Insurance 30-063-6280-0205-6315 857.00
Contracted Services 30-063-6280-0313-6315 2,000.00
Travel 30-063-6280-0551-6315 3,000.00
Counselor 30-063-6915-0123-6672 34,380.00
Nurse 30-063-6915-0131-6672 55,936.00
Clerical 30-063-6915-0151-6672 38,142.00
Retiree Health Credit 30-063-6915-0200-6672 668.00
Social Security 30-063-6915-0201-6672 9,295.00
Retirement 30-063-6915-0202-6672 14,119.00
Health Insurance 30-063-6915-0204-6672 16,460.00
Travel 30-063-6915-0551-6672 1,000.00
Revenues y I
Federal Grant Receipts 30-061-6143-1102 5,382,815.00
I
Federal Grant Receipts
Federal Grant Receipts
Federal Grant Receipts
Federal Grant Receipts
Federal Grant Receipts
Federal Grant Receipts
State Grant Receipts
Local Match
Fees
Federal Grant Receipts
Federal Grant Receipts
Federal Grant Receipts
Federal Grant Receipts
State Grant Receipts
State Grant Receipts
Federal Grant Receipts
State Grant Receipts
Local Match
Federal Grant Receipts
State Grant Receipts
Fees
Federal Grant Receipts
State Grant Receipts
Fees
Fees
Federal Grant Receipts
Fees
State Grant Receipts
State Grant Receipts
Federal Grant Receipts
State Bond Funds
Federal Grant Receipts
Donation
I
I
489
30-061-6144-1102
30-061-6277-1102
30-061-6281-1102
30-062-6145-1102
30-062-6278-1102
30-062-6279-1102
30-062-6349-1100
30-062-6349-1101
30-062-6349-1103
30-062-6350-1102
30-062-6351-1102
30-062-6352-1102
30-062-6519-1102
30-062-6520-1100
30-062-6521-1100
30-062-6522-1102
30-062-6523-1100
30-062-6707-1101
30-062-6707-11020
30-062-6708-1100
30-062-6708-1103
30-062-6709-1102
30-062-6710-1100
30-062-6711-1103
30-062-6712-1103
30-062-6713-1102
30-062-6713-1103
30-062-6714-1100
30-062-6914-1100
30-062-6916-1102
30-062-6917-1100
30-063-6280-1102
30-063-6915-1103
400,000.00
1,039,013.00
34,405.00
33,108.00
49,310.00
106,309.00
349,514.00
690,674.00
756,606.00
186,619.00
186,619.00
180,000.00
3,102,941.00
48,647.00
562,596.00
128,538.00
175,092.00
27,000.00
153,000.00
33,750.00
74,660.00
356,018.00
50,000.00
15,000.00
25,000.00
16,416.00
8,000.00
25,000.00
186,290.00
50,000.00
882,000.00
100,782.00
170,000.00
490
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;.rY;~
Stephanie M. Moon
City Clerk
c. UJL~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of July, 2007.
No. 37829-071607.
A RESOLUTION
R. Brian Townsend
Development.
confirming the City Manager's appointm~nt of
as Assistant City Manager for Community
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 July 16, 2007, of
R. Brian Townsend as Assistant City Manager for Community
Development, effective July 3. 2007.
APPROVED
ATTEST:
~~h1.htb~
Stephanie M. Moon
City Clerk
e ,(;{~
C. Nelson Harris
Mayor
I
I
I
I
I
I
491
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16'h day of July, 2007.
No. 37830-071607.
A RESOLUTION authorizing the acceptance of a grant in the amount
of $426,572.00 from the Virginia Department of Social Services ("VDSS")
and authorizing the City Manager to execute a grant agreement with
VDSS 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 grant from the Virginia Department of Social Services for
local supervision and operation of the VISSTA Piedmont Area Training
Center, in the amount of $426,572.00, for the 2007-2008 fiscal year as
set forth in the City Manager's letter dated July 16, 2007, to this Council
is hereby ACCEPTED.
2. The City Manager, or her designee, is hereby authorized to
execute a Memorandum of Agreement and 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 funds. All documents shall be
approved as to form by the City Attorney.
APPROVED
ATTEST:
~h1..YryONv
Stephanie M. Moon
City Clerk
.cU~~~
C. Nelson Harris
Mayor
492
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 16th day of July, 2007.
No. 37831-071607.
A RESOLUTION accepting the Juvenile Justice Delinquency
Prevention Grant made to the City in collaboration with Family Services of
the Roanoke Valley, from the Department of Criminal Justice Services, and
authorizing execution of any required documentation on behalf of the
City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the Juvenile Justice
Delinquency Prevention Grant made to the City from the Department of
Criminal Justice Services in the amount of $65,000.00, which with
$50,677.00 in matching funds (in kind) for a total award of $115,677.00,
to be expended or obligated during the award period of July 1, 2007, to
June 30, 2008, upon all the terms, provisions and conditions relating to
the receipt of such funds, all as more particularly described in the letter I
of the City Manager to Council, dated July 16, 2007.
2. The City Manager and the City Clerk are hereby authorized to
execute, seal, and attest, respectively, all necessary documents required
to accept and administer 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:
- m . Y"'Y-\O~
Stephanie M. Moon I
City Clerk
e.~~
c. Nelson Harris
Mayor
I
I
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I
493
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16'" day of July, 2007.
No. 37833-071607.
AN ORDINANCE to appropriate funding for various Capital Projects,
amending and reordaining certain sections of the 2007-2008 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 2007-2008 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
Revenues
Roanoke River Flood Reduction
WVWA Reimbursement
Police Building II Parking
Key Card Reimbursement
Curb, Gutter, Sidewalk #3
Reimbursement
08-510-9620-9003 $ 5,500.00
08-530-9567-9003 1,500.00
08-530-9806-9003 3,694.00
08-510-9620-9621
5,500.00
1,500.00
3,694.00
08-530-9567-9816
08-530-9806-981 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:
~fr7. hjOD-r-
Stephanie M. Moon
City Clerk
c~~
,c. Nelson Harris
Mayor
494
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16'" day of July, 2007.
No. 37834-071607.
AN ORDINANCE to appropriate funding from the Virginia
Department of Transportation for the O. Winston Link Museum Project,
amending and reordaining certain sections of the 2007-2008 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 2007-2008 Capital Projects Fund Appropriations
be, and the same are hereby, amended and reordained to read and
provide,as follows:
Appropriations
Appropriated from State
Grant Funds
Revenues
O. Winston Link Museum -
VDOT
, Reimbursement
08-530-9848-9007
$ 100,000.00
08-530-9848-9848
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:
~~ Jr;. '1~
Stephanie M. Moon
City Clerk
c. AA~~
c. Nelson Harris
Mayor
I
I
I
495
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16'h day of July, 2007.
No. 37835-071607.
A RESOLUTION authorizing the filing of a petition to rezone a
portion of 22.56 acres of land located at 1030 Morningside Street, S. E.,
identified by Official Tax No. 4130501, to permit the expansion of the
Jackson Park Branch Library.
WHEREAS, the City of Roanoke owns certain property designated as
Official Tax No. 4130501;
WHEREAS, such property is currently zoned ROS, Recreation and
Open Space District; and
I
WHEREAS, it is the desire of City. Council to consider the rezoning
of a portion of the subject property from ROS, Recreation and Open Space
District, to IN, Institutional District.
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 a portion of the
subject property from ROS, Recreation and Open Space District, to IN,
Institutional District, for the purpose of the expansion of the.Jackson Park...,.
Branch Library and installing other improvements, \ located at 1030
Morningside Street, S. E.
,~.,
I
496
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 July 16,
2007, to this Council, approved as to form by the City Attorney, to rezone
the subject property from ROS, Recreation and Open Space District, to IN,
Institutional District, and any additional necessary amended petitions.
ATTEST:
#iP~ m'hJ~
Stephanie M. Moon
City Clerk
APPROVED
<:: Ue.O~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of July, 2007
No. 37836-071607.
I
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia, and transfer funding from Pay Raise Contingency, for the new
Commonwealth Attorney position, amending and reordaining certain
sections' of the 2007-2008 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 2007-2008 General Fund Appropriations be, and
the same are hereby, amended and reordained to read and. provide as
follows:
Appropriations
Regular Employee Salaries
City Retirement
FICA
Life Insurance
Pay Raise Contingency
Revenues
Commonwealth's Attorney
FY08-Comp Board
01-150-2210-1002
01-150-2210-1105
01-150-2210-1120
01-150-2210-1130
01 - 3 00-94 1 0-11 52
$ 42,968.00
6,759.00
3,287.00
, 486.00
(15,164.00)
01-110-1234-0610
38,336.00
I
I
I
I
497
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:
~.w~~~
C. Nelson Harris
Mayor
.th.fr}OlJ'rV
Stephanie M. Moon
City Clerk
'.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of July, 2007.
No. 37837-071607.
A RESOLUTION authorizing the addition of one new, full-time,
permanent position for the Roanoke Commonwealth Attorney's.Office.
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, specifically an Attorney I position in the
Roanoke Commonwealth Attorney's Office, in accordance with the City
Manager's letter to Council dated July 16, 2007.
2. The City Manager is authorized to take such action as may be
necessary to implement the addition of the above referenced position.
APPROVED
ATTEST:
~m. fr]O~
Stephanie M. Moon
City Clerk
C- U~JC!~
C. Nelson Harris
Mayor
498
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of July, 2007.
I
No. 37838-071607.
A RESOLUTION retroactively authorizing the City Manager, or her
designee, to execute a Memorandum, of Understanding with the State
Department of Rehabilitative Services to accept a,grant in the amount of
$14,800.00 to provide continuing local administrative staff support for
the Fifth Planning District Commission Disability Services Board ("DSB"),
and retroactively authorizing the City Manager, or her designee, to
execute a contract with Roslyn Kingery to provide for such DSB
administrative staff support, upon certain terms and conditions.
WHEREAS, funds in the amount of $14,800.00 to continue local staff
support in support of the DSB administration for aone (1) year period
commencing June 1, 2007, through May 31, 2008, have been allocated to
the DSB by the State Department of Rehabilitative Services pursuant to a
Memorandum of Understanding previously executed by the City, as the
fiscal agent for such grant; and "
WHEREAS, a contract has been executed by City staff with Roslyn I
Kingery to provide for such continuing administrative staff support for the
DSB.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. The City Manager, or her designee, is hereby retroactively
authorized, for and on behalf of the City, to execute a Memorandum of
Understanding with the State Department of Rehabilitative Services to
accept a grant in the amount of $14,800.00 to provide for local
continuing administrative staff support with the Fifth Planning District
Commission Disability Services Board and a contract with Roslyn Kingery
to provide for such continuing local administrative staff support for the
Fifth District Disability Services Board, as recommended in the City
Manager's letter to this Council dated July 16, 2007.
I
499
I
2.
All documents shall be in form approved by the City Attorney.
APPROVED
ATTEST:
~ IYJ. h]/J1/'nJ
Stephanie M. Moon
City Clerk
c..~~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of July, 2007.
No. 37839-071607.
I
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia for the Fifth District Disability Services Board Grant, amending
and reordaining certain sections of the 2007-2008 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 2007-2008 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 FY08
035-630-5163-2010 $ 14,800.00
035-630-5163-5163 14,800.00
I
500
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:
/Y) - h7 tJ'tYV
e~ ~J\' ~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of July, 2007.
No. 37840-071607.
A RESOLUTION authorizing the City Manager's issuance and
execution of additional Amendments to the City's contract with Walter, I
Robbs, Callahan & Pierce-Architects, Inc. P.A., d/b/a Walter, Robbs,
Callahan & Pierce-Architects, P.A., for additional professional services for
the facade design and faCility expansion of the Market Garage.
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 Walter, Robbs, Callahan & Pierce-
Architects, Inc. P.A., d/b/a Walter, Robbs, Callahan & Pierce-Architects,
P.A., for additional profeSSional services for the fa<;ade design and facility
expansion of the Market Garage, all as more fully set forth in the City
Manager's letter to this Council dated July 16, 2007.
2. The form of such Amendments shall be approved by the City
Attorney.
I
501
I
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
$385,000.00, all as set forth in the above letter.
APPROVED
ATTEST:
QI~cW~
/?7.h;o~
Stephanie" M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of July, 2007.
I
No. 37841-071607.
AN ORDINANCE authorizing the proper City officials to extend the
Agreement between the City and eventzcine.org ("Event Zone"), a non-
profit corporation organized under Section 501 (c) of the United States
Internal Revenue Code, pertaining to the conducting of special events and
festivals by Event Zone in the City of Roanoke, and dispensing with the
second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to
execute and attest, respectively, on behalf of the City of Roanoke, in form
approved by the City Attorney, Amendment No.3 to the Agreement with
Event Zone, extending the term of the present Agreement from July 1,
2007 until August 31, 2007, on the same terms and conditions as the
expired contract, upon such terms and conditions as more particularly
set forth in the City Manager's letter dated July 16, 2007.
I
502
2. Pursuant to the provIsions of ~ 12 of the City Charter, the I
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
, - M. I'Y;tJh--V
Step anie M. Moon
City Clerk
C~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of July, 2007.
No. 37842-071607.
AN ORDINANCE to transfer funding from the debt service
contingency for the William Fleming High School project, amending and I
reordaining certain sections of the 2007-2008 School and School Capital
Projects Funds Appropriations, and dispensing with the second reading
by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the
following sections of the 2007-2008 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
Transfer to School Capital
Projects Fund 30-066-7700-9531
School Capital Proiects Fund
Appropriations
Construction - Structures 31-065-6070-9060
Revenues
Transfer from School Fund 31-110-1234-1127
$ (750,000.00)
750,000.00
750,000.00
750,000.00
I
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503
Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
APPROVED
..QU2dk~
, - /n.ht!hV
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of July, 2007.
No. 37843-071607.
I
AN ORDINANCE to appropriate funding from the Commonwealth
government, as well as donations, to support various school grants and
programs, amending and reordaining certain sections of the 2007-2008
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 2007~2008 School Fund Appropriations be, and
the same are hereby, amended and reordained to read and provide as
follows:
Appropriations
Travel
Supplies
Textbooks
Teacher Training
Social Security
Mentor
Social Security
Travel
Supplies
I
30-062-6619-0554-6106
30-062-6619-0614-6106
30-062-6621-0613-6000
30-062-6918-0129-6100
30-062-6918-0201-6100
30-063-6620-0129-6100
30-063-6620-0201-6100
30-063-6620-0554-6100
30-063-6620-0614-6100
$ 1,000.00
5,000.00
950.00
1,931.00
148.00
6,130.00
470.00
500.00
400.00
504
Revenues
Donations
Donations
State Grant Receipts
Donations
30-062-6619-1103
30-062-6621-1103
30-062-6918-1100
30-063-6620-1103
$ 6,000.00
950.00
2,079.00
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
ATTEST:
~~LL~
~~ nt. n--;D~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of July, 2007.
No. 37844-071607.
AN ORDINANCE permanently vacating, discontinuing and closing a
portion of a certain street and a certain public right-of-way in the City of
Roanoke, as more particularly described hereinafter; and dispensing with
the second reading by title of this ordinance.
WHEREAS, Black Dog Properties, L.L.C., represented by Stephen'
Lemon, Esquire, 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 a portion of a certain street
and certain publiC right-of-way described hereinafter;
WHEREAS, the City Planning Commission, after giving proper notice
to all concerned as required by ~30-14, Code of the City of Roanoke
(1979), as amended, and after having conducted a public hearing on the
matter, has made its recommendation to Council;
I
I
I
505
I
WHEREAS, a public hearing was held on such application by City
Council on July 16, 2007, 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 streets and certain
public rights-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the street and certain public right-of-way situate in the City
of Roanoke, Virginia, and more particularly described as follows:
I
Spottswood Avenue, S. W., from its intersection and Midvale
Avenue, S. W., to its terminus 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 street and right-of-way,
reserving however, to the City of Roanoke and any utility company or
public authority, including, specifically, without limitation, providers to or
for the public of cable television, electricity, natural gas or telephone
service, an easement for sanitary sewer and water mains, television cable,
electric wires, gas lines, telephone lines, and related facilities that may
now be located in or across such street and 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
street and public right-of-way of any such municipal installation or other
utility or facility by the owner thereof.
I
506
BE IT FURTHER ORDAINED that the applicant shall submit to the I
Subdivision Agent, receive all required approvals of, and record with the
Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with
such plat combining all properties which would otherwise dispose of the
land within the right-of-way to be vacated in a manner consistent with
law, and retaining appropriate easements, together with the right of
ingress and egress over the same, for the installation and maintenance of
any and all existing utilities that may be located within the right-of-way.
BE IT FURTHER ORDAINED that 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 cer.tified copy of this
ordinance for recordation where deeds are recorded in such Clerk's
Office, indexing the same in the name of the City of Roanoke, Virginia, as
Grantor, and in the name of the applicant, and the names of any other
parties in interest who may so request, as Grantees, and pay such fees
and charges as are required by the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that 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 six thousand nine hundred and I
No/l00 ($6,900.00) 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 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.
I
507
I
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:
~~ th.h;bV'Yv
Stephanie M. Moon
City Clerk
c'~4
c. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of July, 2007.
No. 37845-071607.
I
AN ORDINANCE amending Vision 2001-2020, the City's
Comprehensive Plan, to include the Parks and Recreation Comprehensive
Master Plan Update, Investing in the Community's Vision, dated June
2007; and dispensing with the second reading by title of this ordinance.
WHEREAS, on June 21, 2007, the Parks and Recreation
Comprehensive Master Plan Update, Investing in the Community's Vision,
dated June 2007 (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 amendment of 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 heid before this
Council on Monday, July 16, 2007, 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.
I
508
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke I
as follows:
1. That this Council hereby approves the Parks and Recreation
Comprehensive Master Plan Update, Investing in the Community's Vision,
dated June 2007, and amends Vision 2001 - 2020, the City's
Comprehensive Plan, to include the Parks and Recreation Comprehensive
Master Plan Update, Investing in the Community's Vision, dated June
2007, 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 ~12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ OY).h--;o~
Stephanie M. Moon
City Clerk
e.vW~
C. Nelson Harris
Mayor
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA;
The 16th day of July, 2007.
No. 37846-071607.
AN ORDINANCE authorizing the, conveyance of easements and
right-of-ways. for span guys over City-owned property identified by Official
Tax Map Nos'. 4340102 and 4350701, which shall run in a northwesterly
direction from Appalachian Power Company's existing poles numbered
471-56, 471-55 and 471-62 on Bennington Street, S. E., crossing the
Roanoke River, in order to provide for additional support structures and
related cables and wires, upon certain terms and conditions; and
dispensing with the second reading by title of this ordinance.
I
I
I
I
509
WHEREAS, a public hearing was held on July 16, 2007, 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 such conveyance.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
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 conveying easements and right-of-ways for
span guys over City-owned property identified by Official Tax Map Nos.
4340102 and 4350701, which shall run in a northwesterly direction from
Appalachian Power Company's existing poles numbered 471-56, 471-55
and 471-62 on Bennington Street, S. E., crossing the Roanoke River, in
order to provide for additional support structures and related cables and
wires, as more particularly set forth in the July 16, 2007, 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:
c.~~
~.:v rr,. h;O~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
510
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2007.
No. 37848-080607.
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 $103,845.00 from the Compensation
Board of the Commonwealth of Virginia through June 30, 2008.
2. The City Manager is hereby authorized to accept, execute, and file
on behalf of the City of Roanoke any and all documents required to obtain such
funding. All such documents to be approved as to form by the City Attorney.
I
3. The local share for Fiscal Year 2007-2008 shall be in the amount of I
$27,994.00.
4. The City Manager is further directed to furnish such additional
information as may be required in connection with the acceptance of the
foregOing funding or with such project.
APPROVED
ATTEST:
~''on. YY)t>>N
Stephanie M. Moon
City Clerk
c.
C. elson Harris
Mayor
I
I
I
I
511
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2007.
No. 37849-080607.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia for the Regional Drug Prosecutor Grant, amending and reordaining
certain sections of the 2007-2008 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 2007-2008 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
FY08-Comp Board
Regional Drug Prosecutor
FY08-Local Match
35-150-5136-1002
35-150-5136-1105
35-150-5136-1116
35-150-5136-1120
35-150-5136-1125
35-150-5136-1126
35-150-5136-1130
35-150-5136-1131
35-150-5136-2020
35-150-5136-2030
35-150-5136-2042
35-150-5136-2044
35-150-5136-2160
35-150-5136-3075
$ 84,050.00
13,222.00
1,300.00
6,430.00
8,700.00
544.00
950.00
22.00
2,100.00
4,171.00
100.00
1,150.00
100.00
9,000.00
35-150-5136-5136
103,845.00
27,994.00
35-150-5136-5137
512
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-n. n;~
Stephanie M. Moon
City Clerk
c.w~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2007.
No. 37850-080607.
A RESOLUTION authorizing acceptance of a grant from the USDA Food
and Nutrition Service in the amount of $210,400.00 to provide for the
nutritional needs of children and youth during the summer months, and
authorizing execution of any and all necessary documents to accept the grant.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The grant from the USDA Food and Nutrition Service in the amount
of $210,400.00 to provide for the nutritional needs of children and youth
during the summer months, as set forth in the City Manager's letter dated
August 6,2007, to City Council, is hereby ACCEPTED.
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513
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
grant. All documents to be executed on behalf of the City shall be approved as
to form by the City Attorney.
APPROVED
ATTEST:
~h,.~
Stephanie M. Moon
City Clerk
~< ~{:.\~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2007.
No. 37851-080607.
AN ORDINANCE to appropriate funding from the Federal government for
the Summer Food Program, amending and reordaining certain sections of the
2007-2008 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 2007-2008 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
Summer Food Program
01-620-8170-2034
01-250-9310-9535
$ (40,000.00)
40,000.00
35-620-5294-1004
35-620-5294-1120
35-620-5294-2066
37,157.00
2,843.00
210,400.00
35-620-5294-5294
210,400.00
514
FY08
Summer Food Program
FY08 Local Match
35-620-5294-5295
40,000.00
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
ATTEST:
~ "n-J. 'rYJD~
Stephanie M. Moon
City Clerk
C. ~L-~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2007.
No. 37852-080607.
I
A RESOLUTION accepting the Certified Local Governments grant made to
the City from the Virginia Department of Historic Resources, and authorizing
execution of certain grant agreements or documents 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 Certified Local
Governments ("CLG") grant offered by the Virginia Department of Historic
Resources in the amount of $5,000.00, upon all the terms, provisions and
conditions relating to the receipt of such funds. The grant, which requires an
$11,000.00 match by the City, is more particularly described in the letter of the
City Manager to Council, dated August 6, 2007.
2. The City Manager and the City Clerk are hereby authorized to
execute, seal, and attest, respectively, any grant agreement and all necessary
documents required to obtain, accept, implement, administer and use the
grant, all of such documents to be approved as to form by the City Attorney.
I
515
I
3. The City Manager is further authorized to take any necessary
actions to revise, implement and administer such grant as may be required in
connection with the City's acceptance of this grant.
APPROVED
ATTEST:
~Yn.~
Stephanie M. Moon
City Clerk
~V&~
C. Nelson'Harris
Mayor
,------..)'-
:,~ ,
'. ,_J~'
,/... ,<
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2007.
No. 37853-080607.
I
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia Department of Historic Resources for a Certified Local Government
Grant, amending and reordaining certain sections of the 2007-2008 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 2007-2008 Grant Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Advertising
Printing
Business Meals & Travel
Other Rental
Revenues
Certified Local Government
Grant-State
Certified Local Government
Grant-Local
35-610-8126-2015
35-610-8126-2075
35-610-8126-2144
35-610-8126-3075
$ 8,200.00
500.00
2,000.00
5,300.00
35 -61 0-81 26-81 26
5,000.00
11,000.00
35 -61 0-81 26-81 27
I
516
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.'YJll~
Stephanie M. Moon
City Clerk
tW~
c. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2007.
No. 37854-080607.
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 $52,500.00 with a local match of
$52,500.00, 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 6, 2007.
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.
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517
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:
~~)y,.~~
Stephanie M. Moon
City Clerk
t.~~
c. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2007.
No. 37855-080607.
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 $9,738.00 with a local match of
$9,738.00, upon all the terms, provisions and conditions relating to the receipt
of such funds for the purchase of medical monitoring equipment. The grant is
more particularly described in the letter of the City Manager to Council dated
August 6, 2007.
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.
518
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 I
grant.
APPROVED
ATTEST:
~n,'hJD~
Stephanie M. Moon
City Clerk
(~~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2007.
No. 378S6-080607.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia for the Rescue Squad Assistance Fund (RSAF) Grant, amending and I
reordaining certain sections of the 2007-2008 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 2007-2008 Grant and Fleet Management Funds Appropriations
be, and the same are hereby, amended and reordained to read and provide as
follows:
Fleet Manaaement Fund
Appropriations
Vehicular Equipment
Transfer to Grant Fund
Grant Fund
Appropriations
Vehicular Equipment
Other Equipment (EKG)
Revenues
RSAF - Ambulance - State FY08
RSAF - Ambulance - Fleet FY08
RSAF - EKG - State FY08
RSAF - EKG - Local FY08
17-440-2642-9010
17-440-2643-9535
35-520-3550-9010
35-520-3554-9010
35-520-3550-3550
35-520-3550-3551
35-520-3554-3554
35-520-3554-3555
$(52,500.00)
52,500.00
105,000.00
19,476.00
52,500.00
52,500.00
9,738.00
9,738.00
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519
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.~L
~r--r,.~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2007.
No. 37857-080607.
A RESOLUTION authorizing the City Manager to execute the requisite
documents necessary for the City of Roanoke, as fiscal agent for Area 3 of the
Western Virginia Workforce Development Board, to accept Workforce Investment
Act funding in the amount of $448,199.00, from the Virginia Employment
Commission for Program Year 2007.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Western Virginia Workforce Development Board Workforce
Investment Act funding in the amount of $448,199.00, to be used in
accordance with the purposes as further set forth in the City Manager's letter
dated August 6, 2007, is hereby ACCEPTED.
520
2. The City Manager is authorized to execute, and the City Clerk is I
authorized to attest, the requisite documents necessary to accept such funding,
upon form approved by the City Attorney.
APPROVED
ATTEST:
~rr,.~
Stephanie M. Moon
City Clerk
c.~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2007.
No. 37858-080607.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia for the FY08 Workforce Investment Act Grant, amending and
reordaining certain sections of the 2007-2008 Grant Fund 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 of the 2007-2008 Grant Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Administrative - Regular
Employee Wages
Administrative - Temporary
Employee Wages
Administrative - City Retirement
Administrative - ICMA Match
Administrative - FICA
Administrative - Medical
Insurance
Administrative - Dental
Insurance
Administrative - Life Insurance
Administrative - Disability
35-633-2340-1002
$ 14,534.00
35-633-2340-1004
35-633-2340-1105
35-633-2340-1116
35-633-2340-1120
7,198.00
2,224.00
140.00
1,662.00
890.00
35-633-2340-1125
35-633-2340-1126
35-633-2340-1130
35-633-2340-1131
56.00
157.00
35.00
I
521
Insurance
I Administrative - Fees for
Professional Services 35-633-2340-2010 500.00
Administrative - Dues and
Memberships 35-633-2340-2042 400.00
Administrative - Training and
Development 35-633-2340-2044 400.00
Administrative - Local Mileage 35-633-2340-2046 300.00
Administrative - Food 35-633-2340-2060 250.00
Administrative - Business Meals
and Travel 35-633-2340-2144 2,500.00
Administrative - Equipment
Rental 35-633-2340-3070 413.00
Administrative - Other Rental 35-633-2340-3075 150.00
Administrative - Marketing 35-633-2340-8053 650.00
Administrative - Supplies 35-633-2340-8055 473.00
Administrative - Insurance 35-633-2340-8056 1,250.00
Administrative - Contract ,
Services 35-633-2340-8057 ,,8,624.00
Administrative - Leases 35-633-2340-8058 ,1,117.00
Administrative - Equipment 35-633-2340-8059 500.00 . r
/ "~.
I Administrative - Miscellaneous 3 5-63 3-2 340-8060 100.00 -"", ;..,J'.F,
Administrative - Telephone 35-633-2340-8090 297.00
Adult - Regular Employee Wages 35-633-2341-1002 4,732.00
Adult - Temporary Employee
Wages 35-633-2341-1004 290.00
Adult - City Retirement 35-633-2341-1105 724.00
Adult - ICMA Match 35-633-2341-1116 46.00
Adult - FICA 35-633-2341-1120 384.00
Adult - Medical Insurance 35-633-2341-1125 290.00
Adult - Dental Insurance 35-633-2341-1126 18.00
Adult - Life Insurance 35-633-2341-1130 51.00
Adult - Disability Insurance 35-633-2341-1131 11.00
Adult - Training and
Development 35-633-2341-2044 113.00
Adult - Business Meals and
Travel 35-633-2341-2144 125.00
Adult - Local Mileage 35-633-2341-2046 50.00
Adult - Food 35-633-2341-2060 38.00
Adult - Equipment Rental 35-633-2341-3070 134.00
Adult - Other Rental 35-633-2341-3075 50.00
I Adult - Marketing 35-633-2341-8053 125.00
Adult - Supplies 35-633-2341-8055 154.00
Adult - Contract Services 35-633-2341-8057 37,282.00
522
Adult - Leases 35-633-2341-8058 364.00 I
Adult - Telephone 35-633-2341-8090 97.00
Dislocated Worker - Regular
Employee Wages 35-633-2342-1002 5,408.00
Dislocated Worker - Temporary
Employee Wages 35-633-2342-1004 290.00
Dislocated Worker - City
Retirement 35-633-2342-1105 827.00
Dislocated Worker - ICMA Match 35-633-2342-1116 52.00
Dislocated Worker - FICA 35-633-2342-1120 436.00
Dislocated Worker - Medical
Insurance 35-633-2342-1125 331.00
Dislocated Worker - Dental
Insurance 3 S-63 3-2342-1126 21.00
Dislocated Worker - Life
Insurance 35-633-2342-1130 58.00
Dislocated Worker - Disability
Insurance 35-633-2342-1131 13.00
Dislocated Worker - Training and
Development 35-633-2342-2044 113.00
Dislocated Worker - Business
Meals and Travel 35-633-2342-2144 125.00 I
Dislocated Worker - Local
Mileage 35-633-2342-2046 50.00
Dislocated Worker - Food 35-633-2342-2060 38.00
Dislocated Worker - Equipment
Rental 35-633-2342-3070 154.00
Dislocated Worker - Other Rental 35-633-2342-3075 50.00
Dislocated Worker - Marketing 35-633-2342-8053 125.00
Dislocated Worker - Supplies 35-633-2342-8055 176.00
Dislocated Worker - Contract
Services 35-633-2342-8057 77,495.00
Dislocated Worker - Leases 35-633-2342-8058 416.00
Dislocated Worker - Telephone 35-633-2342-8090 110.00
Youth in School - Regular
Employee Wages 35-633-2343-1002 6,422 .00
Youth in School - Temporary
Employee Wages 35-633-2343-1004 331.00
Youth in School - City
Retirement 35-633-2343-1105 983.00
Youth in School - ICMA Match 35-633-2343-1116 62.00
Youth in School - FICA 35-633-2343-1120 439.00
Youth in School - Medical I
Insurance 35-633-2343-1125 393.00
Youth in School - Dental 35-633-2343-1126 25.00
523
Insurance
I Youth in School - Life Insurance 35-633-2343-1130 69.00
Youth in School - Disability
Insurance 35-633-2343-1131 16.00
Youth in School - Training &
Development 35-633-2343-2044 63.00
Youth in School - Local Mileage 35-633-2343-2046 25.00
Youth in School - Food 35-633-2343-2060 38.00
Youth in School - Business Meals
and Travel 35-633-2343-2144 125.00
Youth in School - Equipment
Rental 35-633-2343-3070 182.00
Youth in School - Other Rental 35-633-2343-3075 38.00
Youth in School - Marketing 35-633-2343-8053 50.00
Youth in School - Supplies 35-633-2343-8055 209.00
Youth in School - Contractual
Services 35-633-2343-8057 180,314.00
Youth in School - Leases 35-633-2343-8058 494.00
Youth in School - Telephone 35-633-2343-8090 131.00
Youth out of School - Regular
Employee Wages 35-633-2344-1002 2,704.00
I Youth out of School - Temporary
Employee Wages 35-633-2344-1004 165.00
Youth out of School - City
Retirement 35-633-2344-1105 414.00
Youth out of School - ICMA
Match 35-633-2344-1116 26.00
Youth out of School - FICA 35-633-2344-1120 219.00
Youth out of School - Medical
Insurance 35-633-2344-1125 166.00
Youth out of School - Dental
Insurance 35-633-2344-1126 10.00
Youth out of School - Life
Insurance 35-633-2344-1130 29.00
Youth out of School - Disability
Insurance 35-633-2344-1131 7.00
Youth out of School - Training &
Development 35-633-2344-2044 63.00
Youth out of School - Local
Mileage 35-633-2344-2046 25.00
Youth out of School - Food 35-633-2344-2060 38.00
Youth out of School - Business
I Meals and Travel 35-633-2344-2144 125.00
Youth out of School - Equipment
Rental 35-633-2344-3070 77.00
524
Youth out of School - Other
Rental
Youth out of School - Marketing
Youth out of School - Supplies
Youth out of School -
Contractual Services
Youth out of School - Leases
Youth out of School - Telephone
Revenues
Workforce Investment Act Grant
FY08
35-633-2344-3075
35-633-2344-8053
35-633-2344-8055
I
38.00
50.00
88.00
35-633-2344-8057
35-633-2344-8058
35-633-2344-8090
77,077.00
208.00
75.00
35-633-2340-2340
448,199.00
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:
~~ht.~oax;
Stephanie M. Moon
City Clerk
ec'~~~
c. Nelson Harris
Mayor
I
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2007.
No. 37859-080607.
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") for the Park Street Square
Project using Community Development Block Grant ("CDBG") and HOME
Investment Partnerships Program ("HOME") funds, upon certain terms and
conditions.
WHEREAS, by Resolution No. 37085-060605, adopted June 6, 2005, 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;
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525
WHEREAS, by Resolution No. 37501-080706, adopted August 7, 2006,
Council authorized Amendment No. 1 to the Agreement, increasing the CDBG
and HOME funding and extending the period of the Agreement; and
WHEREAS, by Resolution No. 37777-051407, adopted May 14, 2007,
Council approved, among other purposes, additional funding for the RRHA's
activities.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke 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 August 6, 2007.
APPROVED
ATTEST:
Q.\hQ~
~"rr\.~~
Stephanie M. Moon
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2007.
No. 37860-080607.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia, and transfer funding from Pay Raise Contingency, for the new
Commissioner of the Revenue position, amending and reordaining certain
sections of the 2007-2008 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 2007-2008 General Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
526
Appropriations
Regular Employee Salaries
City Retirement
FICA
Life Insurance
Pay Raise Contingency
Revenues
Commissioner of the
Revenue FY08-Comp Board
01-150-2210-1002
01-150-2210-1105
01-150-2210-1120
01-150-2210-1130
01-300-9410-1152
01-110-1234-0612
$ 14,238.00
2,240.00
1,089.00
161.00
(10,180.00)
7,548.00
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.~hV
Stephanie M. Moon
City Clerk
c.~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2007.
No. 37861-080607.
A RESOLUTION authorizing the addition of one new, full-time, permanent
position for the Commissioner of the Revenue's Office.
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, specifically a Deputy Clerk I position in the Commissioner
of the Revenue's Office, in accordance with the City Manager's letter to Council
dated August 6, 2007.
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527
2. The City Manager is authorized to take such action as may be
necessary to implement the addition of the above referenced position.
APPROVED
ATTEST:
~r--n'l1JO~
Stephanie M. Moon
City Clerk
c. \AJ~~
c. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2007.
No. 37743-080607.
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.
WHEREAS, Alan L. Amos, Inc., represented by Daniel F. Layman, Jr.,
Esquire, has made application to the Council of the City of Roanoke, Virginia
("City Council"), to have the hereinafter described property rezoned from RM-l,
Residential Mixed Density District, to '-1, 'ndustrial District, subject to certain
conditions 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 April 16, 2007, 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
528
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
~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 four (4) tracts of property located on Pocahontas
Avenue, N. E., bearing Official Tax Nos. 3042114, 3042115, 3042116 and
3042117, be, and are hereby rezoned from RM-l, Residential Mixed Density
District, to 1-1, Industrial District, subject to certain conditions proffered by the
applicant, as set forth in the Amended Application No. 1 of Alan L. Amos, Inc.,
represented by Daniel F. Layman, Jr., Esquire, filed in the Office of the
Department of Planning Building and Economic Development on February 22,
2007.
APPROVED
ATTEST:
~Yrt''nJD~
Stephanie M. Moon
City Clerk
e \kk~
c. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2007.
No. 37832-080607.
AN ORDINANCE to appropriate funding from the Federal government
through the Commonwealth of Virginia for the Juvenile Justice and Delinquency
Across Ages Program, amending and reordaining certain sections of the 2007-
2008 Grant Fund Appropriations.
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I
BE IT ORDAINED by the Council of the City of Roanoke that the folloWing
sections of the 2007-2008 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
Across Ages Program
Grant FY08
35-630-5020-2010
$ 65,000.00
35-630-5020-5020
65,000.00
APPROVED
ATTEST:
~h;.~,
Stephanie M. Moon
City Clerk
c
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of August, 2007.
No. 37847-080607.
AN ORDINANCE authorizing the City Manager to execute the necessary
documents providing for the conveyance of a 1.2 acre parcel of City-owned
property bearing Official Tax No. 6610101, to the Roanoke Regional Airport
Commission, in exchange for property designated as 6590101 which is of
similar size and value, located on Barnes Avenue, in connection with the
development of the new police academy, upon certain terms and conditions.
WHEREAS, a public hearing was held on July 16, 2007, 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 conveyance.
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530
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
I
1. The City Manager and the City Clerk are hereby authorized, for and
on behalf of the City, to execute and attest, respectively, a Deed of Exchange
providing for the conveyance of a 1.2 acre parcel of City-owned property
bearing Official Tax No. 6610101, to the Roanoke Regional Airport
Commission, in exchange for a parcel of property of similar size and value
bearing Official Tax No. 6590101, located on Barnes Avenue, in connection with
the new police academy, upon certain terms and conditions, including those
conditions required by the Roanoke Regional Airport Commission to be
included in the Deed of Exchange, as more particularly stated in the City
Manager's letter to this Council dated July 16, 2007.
2. All documents necessary for this conveyance shall be in form
approved by the City Attorney.
APPROVED
ATTEST:
- fh. t:l~
Stephanie M. Moon, CMC
City Clerk
~,~~ I
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37862-082007.
A RESOLUTION memorializing the late Oliver W. Hill, Sr., civil rights
attorney and former resident of Roanoke.
WHEREAS, the members of Council learned with sorrow of the passing of
Mr. Hill on Sunday, August 5, 2007;
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531
WHEREAS, Mr. Hill was born Oliver White in Richmond on May 1, 1907,
and after his parents divorced, he took the surname of his stepfather;
WHEREAS, when he was six years old, Mr. Hill's family moved to Roanoke,
Virginia, where he spent much of his childhood;
WHEREAS, in 1922 Mr. Hill's family left Roanoke to move to Washington,
D.C., where he graduated from Dunbar High School, entered Howard Law
School in 1930, and graduated second in Howard's Class of 1933;
WHEREAS, after graduation, Mr. Hill returned to Roanoke to set up a law
practice, but the Depression made cases too scarce and he eventually moved to
Washington, and then to Richmond;
WHEREAS, while Mr. Hill was able to support himself by drawing up wills
and handling divorces and accident claims, he was also starting to wage battles
over equal rights;
WHEREAS, in 1940, Mr. Hill won his first civil rights case in Virginia
involving equal pay for black and white teachers;
WHEREAS, eight years later, Mr. Hill was the first black elected to
Richmond's City Council in the 20th Century;
WHEREAS, in 1954 Mr. Hill was a lead attorney in one of a series of
lawsuits against racially segregated public schools that led to the U.S. Supreme
Court's landmark Brown v. Board of Education decision, which changed
American society by setting the foundation for integrated education;
WHEREAS, a lawsuit argued by Mr. Hill in 1951 on behalf of students
protesting deplorable conditions at their high school for blacks in Farmville
became one of five cases decided under Brown;
WHEREAS, working with the National Association for the Advancement of
Colored People, Mr. Hill labored for years against Jim Crow segregation laws,
and his legal team filed more civil rights lawsuits in Virginia than were filed in
any other Southern state, which eventually yielded historic changes in black
voting rights, school bus access, jury selection and employment protection;
532
WHEREAS, though blind and in a wheelchair in recent years, Mr. Hill
remained active in social and civil rights causes, and was active in the day-to-
day operations of his law firm until 1998;
1
WHEREAS, Mr. Hill was among four leaders in the fight for civil rights in
Virginia who received the National Bar Association's annual Wiley A. Branton
Award in 1993;
WHEREAS. in 1993 Mr. Hill received the prestigious American Bar
Association's highest award for public service, the Pro Bono Publico Award, for
his contributions to free legal service to the poor;
WHEREAS, in 1999 then President Clinton awarded Mr. Hill the
Presidential Medal of Freedom, the nation's highest civilian honor;
WHEREAS, in 2005 the National Association for the Advancement of
Colored People honored Mr. Hill with its Spingarn Medal for distinguished
achievement;
WHEREAS, this past May state officials unveiled images of a memorial 1
planned on the State Capitol grounds in Richmond that features Hill and the
students who staged the 1951 school walkout at Farmville;
WHEREAS, in May Mr. Hill greeted Oueen Elizabeth II during her visit to
the State Capitol to commemorate the 400th anniversary of the founding of
Jamestown, the first permanent English settlement in North America; and
WHEREAS, in May the Gainsboro house at Fourth Street and Gilmer
Avenue where Mr. Hill grew up was purchased by the Oliver Hill Foundation,
with help from the City of Roanoke, to use as a headquarters for free legal
assistance, using a staff of law students.
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 Oliver W. Hill, Sr., and extends to his family
its sincerest condolences.
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533
2. The City Clerk is directed to forward an attested copy of this resolution
to Mr. Hill's son, Oliver White Hill, Jr., of Richmond, Virginia.
APPROVED
ATTEST:
~hI. r:7if1MJ
Stephanie M. Moon, CMC
City Clerk
Cv~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37863-082007.
A RESOLUTION paying tribute to the Virginia 'Warriors (16 and under)
Basketball Team for its victory in the Youth Basketball of America (YBOA)
National Championship Tournament in Orlando, Florida, June 30 - July 8, 2007.
WHEREAS, the Warriors defeated the 5-A State Champs Florida Prospects
by a score of 57 - 54 in the title game on July 8;
WHEREAS, team members Eric Thomas, Jr., and Stephon Anderson were
selected to the All Tournament Team, Shaquan Manning was selected as
Outstanding Defensive Player, and Jamelle Hagins was selected the MVP of the
tournament;
WHEREAS, the Warriors team is comprised of Frank Miller, Jr., Stephon
Anderson, Marcus Johnson, Shaquan Manning, Jamelle Hagins, Eric Thomas, Jr.,
Dequan Brown, Deshaza Wade, and Justin Bonds;
WHEREAS, under the leadership of Head Coach Ron Anderson and
Assistant Coaches Eric Thomas, Sr., Brian Paige and Frank Miller, Sr., the team
finished its 2007 season with a fantastic 35 - 3 record; and
534
WHEREAS, throughout the 2007 basketball season, the team members 1
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 the Council of the City of Roanoke that:
1. Council adopts this resolution as a means of recognizing and
commending the Virginia Warriors for their victory in the YBOA National
Championship Tournament.
2. The City Clerk is directed to forward an attested copy of this
resolution to the Warriors' Head Coach, Ron Anderson.
APPROVED
ATTEST:
~m, YnOW
Stephanie M. Moon, CMC . I
City Clerk
c. U4cW~
C. Nelson Harris
Mayor
1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37864-082007.
A RESOLUTION accepting the Crime Analysis grant to the City from the
Department of Criminal Justice Services, and authorizing execution of any
required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the Crime Analysis grant
offered by the Department of Criminal Justice Services in the amount of
$12,653.00 upon all the terms, provisions and conditions relating to the receipt
of such funds. The grant, which requires a $4,218.00 in-kind match by the
City, is more particularly described in the letter of the City Manager to Council,
dated August 20, 2007.
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535
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
ATTEST:
Q. ~wvVO
~ h;.rr;o&-N
Stephanie M. Moon, CMC
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37865-082007.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia for the Crime Analysis Grant, amending and reordaining certain
sections of the 2007-2008 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 2007-2008 Grant Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Temporary Employee Wages
FICA
Revenues
Crime Analysis Grant FY08
Crime Analysis Grant Local
Match FY08
35-640-3454-1004
35-640-3454-1120
$ 15,672.00
1,199.00
12,653.00
4,218.00
35-640-3454-3454
35-640-3454-3455
536
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
ATTEST:
~ 'rr7.rno~
Stephanie M. Moon, CMC ~
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37866-082007.
A RESOLUTION authorizing the acceptance of a gift of two 30 foot flag
poles and accompanying flags from Woodmen of the World/Omaha Woodmen
Life Insurance Company.
BE IT RESOLVED by the Council of the City of Roanoke that:
1
1. The gift of two 30 foot flag poles and accompanying flags to be
displayed in front of the police building, along Campbell Avenue, on each side
of the police memorial, as set forth in the City Manager's letter dated
August 20, 2007, to this Council is hereby ACCEPTED, and by this resolution,
City Council expresses its appreciation to Woodmen of the World/Omaha
Woodmen Life Insurance Company 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:
cJil~
Stephanie M. Moon, CMC
City Clerk
C. Nelson Harris
Mayor
1
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537
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37867-082007.
A RESOLUTION authorizing the appropriate City officials to enter into a
2007-2008 Agreement with the City of Roanoke Redevelopment and Housing
Authority, providing Community Development Block Grant funding for
infrastructure improvements associated with the Hurt Park Public Housing
Revitalization Project, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the City
Manager and City Clerk are hereby authorized to execute and attest,
respectively, on behalf of the City, a 2007-2008 Agreement with the City of
Roanoke Redevelopment and Housing' Authority, providing Community
Development Block Grant funding for infrastructure improvements associated
with the Hurt Park Public Housing Revitalization Project, including any
documents providing for indemnification by the City that may be required for
the City's acceptance of this grant, such documents to be approved as to form
by the City Attorney, within the limits of funds and for the purposes as are
more particularly set forth in the City Manager's letter dated August 20, 2007 to
this Council.
APPROVED
ATTEST:
~YY).~
Stephanie M. Moon, CMC
City Clerk
c,uJ~
C. Nelson Harris
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37868-082007.
A RESOLUTION authorizing the execution of a memorandum of
understanding between the City of Roanoke and Roanoke Emergency Medical
Services, Inc., (REMS) for the delivery of emergency medical services.
538
WHEREAS, Roanoke Emergency Medical Services (REMS) has been a
partner with Roanoke Fire-EMS since 1989 in the delivery of emergency medical
services; and
WHEREAS, the current agreement, which was last updated in 1993, needs
to be revised to reflect the current demands of the City.
THEREFORE, 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 execute a memorandum of understanding with Roanoke Emergency
Medical Services, Inc. (REMS) for the delivery of emergency medical services,
subject to the terms and conditions set out in the City Manager's report to
Council of August 20, 2007.
2. Such memorandum and any other necessary and appropriate
documents shall be in a form approved by the City Attorney.
APPROVED
ATTEST:
Q,tW~
c. Nelson Harris
Mayor
~m'hJOOY0
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37869-082007.
AN ORDINANCE authorizing the City Manager to enter into an Agreement,
and to execute any other documents necessary to implement the terms of the
Agreement, between the City of Roanoke and eventzone.org ("EventZone"),
pertaining to the conducting of special events and festivals by EventZone in the
City of Roanoke, and dispensing with the second reading of this ordinance by
title.
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539
BE IT ORDAINED by the Council of the City of Roanoke that:
1 . The City Manager and the City Clerk are authorized to execute and
attest, respectively, on behalf of the City of Roanoke, in form approved by the
City Attorney, an Agreement with EventZone, and to execute any other
documents necessary to implement the terms of the Agreement, for Event Zone
to conduct special events and festivals in the City of Roanoke, such Agreement
to be upon such terms and conditions as are more particularly described in the
City Manager's letter dated August 20, 2007, and similar in form to the
Agreement attached to the City Manager's letter dated August 20, 2007, 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:
iH-A~ hi. h70~
Stephanie M. Moon, CMC
City Clerk
c
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37870-082007.
AN ORDINANCE to transfer funding from the Capital Projects Fund
Contingency to Mill Mountain Zoo Capital Improvements, amending and
reordaining certain sections of the 2007-2008 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 2007-2008 Capital Projects Fund Appropriations be, and the
same are hereby, amended and reordained to read and provide as follows:
540
Appropriations
Conti ngency
Appropriated from
General Revenue
08-530-9575-9220
$ (166,670.00)
08-620-9765-9003
166,670.00
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:
~~'rrJ, h1~
Stephanie M. Moon, CMC L
City Clerk
Cv
C. Ne son Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37871-082007.
AN ORDINANCE authorizing the City Manager to execute a second
amendment to an existing Lease Agreement between the City of Roanoke and
the Commonwealth of Virginia, Department of Health, dated June 5, 2001, to
further extend the term of the Lease for additional periods of one month each,
not to exceed twelve months; and dispensing with the second reading of this
ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are hereby authorized to execute
and attest respectively, a second amendment to the Lease Agreement between
the City of Roanoke and the Commonwealth of Virginia, Department of Health,
dated June 5, 2001, for the lease of certain property located at 515 and 530 8th
Street, to further extend the term of the Lease by additional periods of one
month each, not to exceed a total of twelve months, commencing July 1, 2007,
as further stated in the City Manager's letter dated August 20, 2007; such
Lease Agreement to be approved as to form by the City Attorney.
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541
2. Except as provided above, the remainder of the terms in the Lease
Agreement shall remain in full force and effect.
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~h,.~~~
Stephanie M. Moon, CMC
City Clerk
Cv U~~
C. Nelson Harris
Mayor
N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37872-082007.
AN ORDINANCE to appropriate funding from the Commonwealth and
Federal governments as well as from local match and a donation, amending and
reordaining certain sections of the 2007-2008 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 2007-2008 School Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Equipment
Teachers
Teacher Stipends
Social Security
Field Trips
Materials and Supplies
Teacher Stipends
Social Security
Student Incentives
Teacher Stipends
Social Security
Field Trips
30-062-6715-0821-6138
30-062-6794-0121-6450
30-062-6920-0129-6100
30-062-6920-0201-6100
30-062-6920-0583-6100
30-062-6920-0614-6100
30-062-6921-0129-6100
30-062-6921-0201-6100
30-062-6921-0615-6100
30-062-6922-0129-6108
30-062-6922-0201-6108
30-062-6922-0583-6108
$ 16,426.00
13,618.00
1,393.00
107.00
500.00
3,000.00
8,360.00
640.00
1,000.00
3,614.00
276.00
400.00
542
Materials and Supplies 30-062-6922-0614-6108 610.00 1
Student Incentives 30-062-6922-0615-6108 100.00
Purchased Services 30-062-6923-0313-6138 7,000.00
Travel 30-062-6923-0554-6138 2,500.00
Materials and Supplies 30-062-6923-0614-6138 500.00
Teacher Stipends 30-062-6924-0129-6514 18,114.00
Social Security 30-062-6924-0201-6514 1,386.00
Materials and Supplies 30-062-6924-0614-6514 500.00
Teacher Stipends 30-062-6926-0129-6100 1,115.00
Social Security 30-062-6926-0201-6100 85.00
Field Trips 30-062-6926-0583-6100 300.00
Materials and Supplies 30-062-6926-0614-6100 1,500.00
Teachers 30-063-6919-0121-6315 800.00
Guidance Counselor 30-063-6919-0123-6315 475.00
Coordinators 30-063-6919-0124-6315 1,100.00
Social Security 30-063-6919-0201-6315 665.00
Contracted Services 30-063-6919-0313-6315 22,290.00
Travel 30-063-6919-0554-6315 470.00
Printing 30-063-6925-0351-6006 650.00
Advertising 30-063-6925-0361-6006 1,400.00
Materials and Supplies 30-063-6925-0614-6006 450.00 1
Operating Supplies 30-063-6925-0615-6006 22,500.00
Counselors 30-064-6898-0123-6672 11,682.00
Revenues
State Grant Receipts 30-062-6715-1100 16,426.00
Local Match 30-062-6794-1101 13,618.00
Federal Grant Receipts 30-062-6920-1102 5,000.00
State Grant Receipts 30-062-6921-1100 10,000.00
State Grant Receipts 30-062-6922-1100 5,000.00
Federal Grant Receipts 30-062-6923-1102 10,000.00
Federal Grant Receipts 30-062-6924-1102 20,000.00
State Grant Receipts 30-062-6926-1100 3,000.00
Federal Grant Receipts 30-063-6919-1102 25,800.00
Federal Grant Receipts 30-063-6925-1102 25,000.00
Donation 30-064-6898-1103 11,682.00
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543
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:
~0rJ. DJo~
Stephanie M. Moon, CMC
City Clerk
c.~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th of August, 2007.
No. 37873-082007.
AN ORDINANCE exempting from real estate property taxation certain
property of the Presbyterian Community Center, Inc., and PCC Land Company,
L.L.c., located in the City of Roanoke, organizations 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, Presbyterian Community Center, Inc., and PCC Land Company,
L.L.C., (hereinafter collectively "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
August 20, 2007;
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;
544
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. 4120525, less any portions of
which are leased to or used by other entities, commonly. known as
1236 Jamison Avenue, S. E., (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
1
WHEREAS, in consideration of Council's adoption of this Ordinance, the
Applicant has voluntarily agreed to pay each year a service charge in an amount
equal to twenty percent (20%) of the City of Roanoke's real estate tax levy which
would be applicable to the Property were the Property not exempt from such
taxation, for so long as the Property is exempted from such taxation.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. Council classifies and designates Presbyterian Community Center,
Inc., and PCC Land Company, L.L.c., as a charitable or benevolent organization
within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, 1
and hereby exempts from real estate taxation certain real estate, identified by
Roanoke City Tax Map No. 4120525, less any portions of which are leased to
other entities, commonly known as 1236 Jamison Avenue, S. E., 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, 2008,
if by such time a copy, duly executed by an authorized officer of the Applicant,
has been filed with the City Clerk.
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545
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 Karen McNally, Executive Director of the Presbyterian Community Center,
Inc., and the authorized agent of the PCC Land Company, L.L.C.
5. Pursuant to Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
QJ~JL~
~~rn,rvc~
Stephanie M. Moon, CMC
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37874-082007.
AN ORDINANCE permanently vacating, discontinuing and closing a
portion of an alley 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, Robert Fielding 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 a portion of an alley 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;
546
WHEREAS, a public hearing was held on such application by City Council
on August 20, 2007, after due and timely notice thereof as required by ~30-14,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were afforded an opportunity to be heard on such
application;
WHEREAS, it appearing from the foregoing that the land proprietors
affected by the requested closing of the subject public rights-of-way have been
properly notified; and
WHEREAS, from all of the foregoing, 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 alley and certain public
rights-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the alley and certain public rights-of-way situate in the City of
Roanoke, Virginia, and more particularly described as follows:
1
A portion of an alley running parallel with Wasena Terrace, S. W., said
alley adjoining properties bearing Official Tax Nos. 1220519, 1220520, 1
1220514, 1220513, and part of 1220512.
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 an alley 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 street 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 portion of an alley and public rights-of-way of any such
municipal installation or other utility or facility by the owner thereof.
1
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547
BE IT FURTHER ORDAINED that the applicant shall submit to the
Subdivision Agent, receive all required approvals of, and record with the Clerk
of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat
combining all properties which would otherwise dispose of the land within the
rights-of-way to be vacated in a manner consistent with law, and retaining
appropriate easements, together with the right of ingress and egress over the
same, for the installation and maintenance of any and all existing utilities that
may be located within the rights-of-way.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other
conditions to the granting of the application, deliver to the Clerk of the Circuit
Court of the City of Roanoke, Virginia, a certified copy of this ordinance for
recordation where deeds are recorded in such Clerk's Office, indexing the same
in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the
applicant, and the names of any other parties in interest who may so request,
'as Grantees, and pay such fees and charges as are required by the Clerk to
effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy
of this ordinance being recorded by the Clerk of the Circuit Court of the City of
Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the
City Engineer for the City of Roanoke, Virginia, the Clerk's receipt,
demonstrating that such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been met
within a period of twelve (12) months from the date of the adoption of this
ordinance, then such ordinance shall be null and void with no further action by
City Council being necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of ~ 12 of the
City Charter, the second reading of this ordinance by title is hereby dispensed
with.
APPROVED
ATTEST:
~~)-yj. ~~
Stephanie M. Moon, CMC
City Clerk
Q~
C. Nelson Harris'
Mayor
548
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
1
The 20th day of August, 2007.
No. 37875-082007.
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 an INPUD plan presently binding
upon certain property conditionally zoned INPUD, Institutional Planned Unit
Development District; and dispensing with the second reading by title of this
ordinance.
WHEREAS, Danny L. Beamer has made application to the Council of the
City of Roanoke, Virginia ("City Council"), to amend an INPUD plan presently
binding upon a tract of land located at 2219 Franklin Road, S. W., being
designated as Official Tax No. 1150108, which property is zoned INPUD,
Institutional Planned Unit Development District, with proffers, such proffers
being accepted by the adoption of Ordinance No. 36925-122004, adopted
December 20, 2004;
WHEREAS, the City Planning Commission, after giving proper notice to all 1
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;
WHEREAS, a public hearing was held by City Council on such application
at its meeting on August 20, 2007, 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 application; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to this 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 plan applicable to the subject
property, and is of the opinion that the INPUD plan now binding upon a tract of
land located at 2219 Franklin Road, S. W., being designated as Official Tax No.
1150108, should be amended as requested, and that such property be zoned
INPUD, Institutional Planned Unit Development District, with proffers, subject to
the INPUD plan as amended, in the application entitled, "Amendment of
Proffered Conditions - Amended Application No.2," filed in the Office of the 1
Department of Planning, Building and Development on July 3,2007.
1
1
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549
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 plan as
requested in the application entitled, "Amendment of Proffered Conditions -
Amended Application No.2," filed in the Office of the Department of Planning,
Building and Development on July 3, 2007, so that the subject property is
zoned INPUD, Institutional Planned Unit Development District, with proffers,
subject to the INPUD plan as amended in the application entitled, "Amendment
of Proffered Conditions - Amended Application No.2," filed in the Office of the
Department of Planning, Building and Development on July 3, 2007.
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:
t UJ-~~
C. Nelson Harris
Mayor
m-~~
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37876-082007.
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 three tracts of land located on Bullitt
Avenue, S. E., and identified by Official Tax Nos. 4013015, 4013017 and
4013018, from IN, Institutional District, to MX, Mixed Use District; and
dispensing with the second reading by title of this ordinance.
550
1
WHEREAS, The Rescue Mission of Roanoke, Incorporated, represented by
Maryellen F. Goodlatte, attorney, has made application to the Council of the City
of Roanoke, Virginia ("City Council"), to have the hereinafter described
properties rezoned from IN, Institutional District, to MX, Mixed Use District,
subject to the conditions that the property be limited to single family, two
family or multifamily use only, general or profeSSional offices, live-work unit,
mixed use building, or child day care center; that the lot line between parcels
bearing Official Tax Nos. 4013015 and 4013017 be vacated; and that the
houses located at 624 and 632 Bullitt Avenue, as identified on the site plan
dated June 20, 2007, for The Rescue Mission of Roanoke, Incorporated, will not
be demolished. The purpose of the rezoning is to allow the return of two
former residential structures to residential use and to limit the use of a former
daycare center to either residential or office uses, as proffered;
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;
1
WHEREAS, a public hearing was held by City Council on such application
at its meeting on August 20, 2007, 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
1 ATTEST:
1
1
551
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 three tracts of land located on Bullitt
Avenue, S. E., more specifically described as 632 Bullitt Avenue, S. E., bearing
Official Tax No. 4013018; property located on Bullitt Avenue, S. E., bearing
Official Tax No. 4013017, and a property located at 624 Bullitt Avenue, S. E.,
bearing Official Tax No. 4013015, be, and are hereby rezoned from IN,
Institutional District, to MX, Mixed Use District, to allow the return of two
former residential structures to residential use and to limit the use of a former
daycare center to either residential or office uses, as proffered, as set forth in
the Application for Conditional Rezoning - Amended Application No. 1 of The
Rescue Mission of Roanoke, Incorporated, represented by Maryellen F.
Goodlatte, attorney, filed in the Office of the Department of Planning Building
and Economic Development on June 21, 2007.
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. ~n-0
Stephanie M. Moon, CMC
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37877-082007.
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 a condition presently binding
upon certain property conditionally zoned INPUD, Institutional Planned Unit
Development District; and dispensing with the second reading by title of this
ordinance.
552
WHEREAS, The Rescue Mission of Roanoke, Inc., represented by Stan King, 1
Facilities Manager, has made application to the Council of the City of Roanoke,
Virginia ("City Council"), to amend a certain condition presently binding upon a
tract of land located at 401 Tazewell Avenue, S. E., being designated as Official
Tax No. 4012201, which property is zoned INPUD, Institutional Planned Unit
Development District, with proffers, such proffers being accepted by the
adoption of Ordinance No. 35821-041502, adopted April 15, 2002;
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;
WHEREAS, a public hearing was held by City Council on such application
at its meeting on August 20, 2007, 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 this Council by the Planning Commission, the City's 1
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 located at 401 Tazewell Avenue, S. E., being deSignated as Official Tax No.
4012201, should be amended as requested, and that such property be zoned
INPUD, Institutional Planned Unit Development District, with proffers as
amended by the Amendment of Proffered Conditions - Amended Application
No. 1 filed in the Office of the Department of Planning, Building and
Development on June 15, 2007.
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 amended
by the Amendment of Proffered Conditions - Amended Application No. 1 filed
in the Office of the Department of Planning, Building and Development on
June 15, 2007, so that the subject property is zoned INPUD, Institutional
Planned Unit Development District, with such proffers as amended.
1
1
1
1
553
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-)-~w
Stephanie M. Moon, CMC
City Clerk
c,
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37878-082007.
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 three tracts of land located at 1302
Kimball Avenue, N. E., and identified by Official Tax Nos. 3043001, 3043002
and 3043003, from MX, Mixed Use District, to 1-1, Industrial District, subject to
a proffer; and dispensing with the second reading by title of this ordinance.
WHEREAS, Plantation and Kanter 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 IN, Institutional District, with
the proffer that the property would be developed for certain uses as set forth in
the permitted uses list contained in Amended Application No.2, dated June 18,
2007, to allow for certain commercial and industrial uses;
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 20, 2007, 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
554
WHEREAS, City Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's 1
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 three tracts of land located at 1302
Kimball Avenue, N. E., bearing Official Tax Nos. 3043001, 3043002 and
3043003, be, and are hereby rezoned from MX, Mixed Use District, to IN,
Institutional District, subject to a proffer to allow for certain commercial and
industrial uses, as set forth in the Application for Conditional Rezoning -
Amended Application No. 2 of Plantation & Kanter, filed in the Office of the
Department of Planning Building and Economic Development on June 18, 2007.
2. Pursuant to the provisions of Section 12 of the City Charter, the
second reading ofthis ordinance by title is hereby dispensed with.
APPROVED
1
- ~. )y,o~
Stephanie M. Moon, CMC . . C
City Clerk
c\u~~
C. Nelson Harris
Mayor
ATTEST:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37879-082007.
AN ORDINANCE authorizing the City Manager to execute the necessary
documents providing for the conveyance of Official Tax Map No. 1030508,
located at 1301 Third Street, S. W., to Intercept Youth Services, Inc., to be used
for providing comprehensive health, mental and substance abuse services to
youth ages twelve through nineteen; and dispensing with the second reading of 1
this ordinance.
1
1
1
555
WHEREAS, a public hearing was held on August 20, 2007, 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 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 Intercept Youth Services, Inc., by
Special Warranty deed, an 11,251 sq. ft. parcel of City-owned property, being
Official Tax No. 1030508, located at 1301 Third Street, S. W., for the
consideration of $295,000.00, upon the terms and conditions set forth in the
City Manager's letter to this Council dated August 20, 2007.
2. All documents necessary for this conveyance shall be in form
approved by the City Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
c.~~
~~~m,~M
Stephanie M. Moon, CMC
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37880-082007.
AN ORDINANCE authorizing the City Manager to enter into a Lease
Agreement between the City of Roanoke and Blue Ridge Zoological Society of
Virginia, Inc., for the lease of City-owned property designated as Tax Map No.
4050306 for an initial term of two years subject to three additional one-year
renewal terms, in connection with the operation of Mill Mountain Zoo; and
dispensing with the second reading of this ordinance by title.
556
WHEREAS, a public hearing was held on August 20, 2007, pursuant to
~~ 1 5.2-1800(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 conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1 . The City Manager and the City Clerk are authorized to execute and
attest, respectively, on behalf of the City of Roanoke, in form approved by the
City Attorney, a Lease Agreement with Blue Ridge Zoological Society of Virginia,
Inc., for the lease of City-owned property designated as Tax Map No. 4050306,
for an initial term of two years subject to three additional one-year renewal
terms in connection with the operation of Mill Mountain Zoo, such Lease
Agreement to be upon such terms and conditions as are more particularly
described in the City Manager's letter dated August 20, 2007, 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:
~~~
- ~-~~
Stephanie M. Moon, CMC
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37881-082007.
AN ORDINANCE authorizing the City Manager to enter into an Agreement
among the City of Roanoke, Roanoke Jaycees, Inc., and Blue Ridge Zoological
Society of Virginia, Inc., pertaining to the operation of the Mill Mountain Zoo
Choo Train; and dispensing with the second reading of this ordinance by title.
1
1
1
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557
BE IT ORDAINED by the Council of the City'of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and
attest, respectively, on behalf of the City of Roanoke, in form approved by the
City Attorney, an Agreement with Roanoke Jaycees, Inc., and Blue Ridge
Zoological Society of Virginia, Inc., pertaining to the operation of the Mill
Mountain Zoo Choo Train, such Agreement to be upon such terms and
conditions as are more particularly described in the City Manager's letter dated
August 20, 2007, 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:
c.uJ2~4~
~ -.,..". l'vL..i)&..,J
Stephanie M. Moon, CMC
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2007.
No. 37882-082007.
AN ORDINANCE authorizing the proper City officials to grant a temporary
easement across City-owned property identified by Tax Map No. 2013001, to
the Roanoke Higher Education Authority for the use of such property as a
construction staging area and for the placement of a temporary mobile kitchen
to be used by Virginia Western Community College as a culinary lab; and
dispensing with the second reading of this ordinance by title.
WHEREAS, a public hearing was held on August 20, 2007, pursuant to
9915.2-1800(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 'conveyance.
558
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 I
attest, respectively, on behalf of the City of Roanoke, in form approved by the
City Attorney, an easement across City-owned property identified by Tax Map
No. 2013001, to the Roanoke Higher Education Authority, commencing July 1,
2006, through December 31, 2007, for use of such property as a .construction
staging area and for the placement of a temporary mobile kitchen to be used
by Virginia Western Community College as a culinary lab, upon such terms and
conditions as more particularly set forth in the City Manager's letter dated
August 20, 2007.
2. Pursuant to the provisions of 912 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with~
APPROVED
ATTEST:
~m.~
Stephanie M. Moon, CMC
City Clerk
Q~~~~
c. Nelson Harris
Mayor
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2007.
No. 37883.090407.
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 2007-2008, such grant being more particularly
described in the letter of the City Manager to Council dated September 4, 2007.
I
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559
2.
The local cash match for Fiscal Year 2007-2008 shall be in the
amount of $29,386.00.
3. The City Manager is hereby authorized to execute and file, on
behalf of the City, any documents setting fo~h 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:
~Yn.~~
Stephanie M. Moon,.CMC
City Clerk
c. tkQ~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2007.
No. 37884-090407.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia for the Victim Witness Program Grant, amending and reordaining
certain sections of the 2007-2008 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 2007-2008 Grant Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Regular Employee Salaries
City Retirement
ICMA Retirement
ICMA Match
FICA
Medical Insurance
Dental Insurance
35-150-5122-1002
35-150-5122-1105
35-150-5122-1115
35- 1 50- 5 1 22- 111 6
35-150-5122-1120
35-150-5122-1125
35- 1 50- 5 1 22- 1 1 26
$ 98,789.00
10,167.00
3,289.00
1,950.00
7,958~00
13,041.00
816.00
560
Life Insurance
Disability Insurance
Telephone
Administrative Supplies
Dues and Memberships
Training and Development
Business Meals and Travel
Postage
Revenues
Victim Witness FY08 - State
Victim Witness FY08 - Local Match
35-150-5122-1130
35-150-5122-1131
35-1 50-5122-2020
35-1 50-5122-2030
35-1 50-5122-2042
35-1 50-5122-2044
35-150-5122-2144
35-150-5122-2160
1,116.00
252.00
1,160.00
996.00
75.00
2,186.00
368.00
2,340.00
I
35-150-5122-5122
35-150-5122-5123
115,117.00
29,386.00
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:
~~.~
Stephan'ie M. Moon, CMC
City Clerk
G.ue~
C. Nelson Harris
Mayor
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2007.
No.3 7885-090407.
A RESOLUTION accepting the local government challenge grant offered to
the City by 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 offered by the Commonwealth of Virginia Commission for the
Arts in the amount of $5,000.00 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 September 4, 2007.
I
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561
2. The City Manager and the City Clerk are hereby authorized to
execute, seal, and attest, respectively, the grant agreement arid 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:
~ tn. ~t>~
Stephanie M. Moon, CMC:
City Clerk
c.
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2007.
No. 37886-090407.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia for the Local Government Challenge Grant, amending and reordaining
certain sections of the 2007-2008 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 2007-2008 Grant Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows: .
Appropriations
Roanoke Symphony Orchestra
Mill Mountain Theatre
Opera Roanoke
Arts Council Of The Blue Ridge
Revenu.es
Local Challenge Grant FY07
35-410-8742-3736
35-410-8742-3749
35-410-8742-3762
35-410-8742-3909
$ 1,250.00
1,250.00
1,250.00 '
1,250.00
35-410-8742-8742
5,000.00
562
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:
~ m. ~t>N
Stephanie M. Moon, CMC
City Clerk
Q.
.
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2007.
No. 37887-090407.
AN ORDINANCE to amend 936.2-100, 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, to rezone three tracts of land located at
1302 Kimball Avenue, N. E., and identified by Official Tax Nos. 3043001,
3043002 and 3043003, from MX, Mixed Use District, to 1-1, Industrial District,
subject to a proffer; and dispensing with the second 'reading by title of this
ordinance.
WHEREAS, Plantation and Kanter 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 ,Industrial District, with
the proffer that the property would be developed for certain uses as set forth in
the permitted uses list contained in Amended Application No.2, dated June 18,
2007, to allow for certain commercial and industrial uses;
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
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563
WHEREAS, a public hearing was held by City Council on such application
at its meeting on August 20, 2007, 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, 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. 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, be amended to reflect that three tracts of land located at
1302 Kimball Avenue, N. E.; bearing Official Tax Nos. 3043001, 3043002 and
3043003, be, and are hereby rezoned from MX, Mixed Use District, to 1-1,
Industrial District, subject to a proffer to allow for certain commercial and
industrial uses, as set forth in the Application for Conditional Rezoning -
Amended Application No. 2 of Plantation & Kanter, filed in the Office of the
Department of Planning Building and Economic Development on June 18, 2007.
2. Pursuant to the provisions of Section 12 of the City Charter, the
se.cond reading of this ordinance by title is hereby dispensed with.
APPROVED
,
ATTEST:
~ 'cn,~--
Stephanie M. Moon, CMC
City Clerk
tlM~n~
Mayor
564
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2007.
No. 37888-090407.
A RESOLUTION 'reappointing a Director of the Economic Development
Authority of the City of ~oanoke, to fill a four (4) year term on the Board of
Directors.
WHEREAS, the Council is advised that the term of office of Linda D. Frith,
a Director of the Economic Development Authority of the City of Roanoke,
Virginia, will expire October 20, 2007; and
WHEREAS, 915.2-4904, 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.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that
Linda D. Frith, is hereby reappointed as a Director on the Board of Directors of
the Economic Development Authority of the City of Roanoke, Virginia, for a
term of four (4) years commencing October 21, 2007, and expiring October 20,
2011.
APPROVED
ATTEST:
~~~~~
Stephanie M. Moon, CMC
City Clerk
c~~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2007.
No. 37889-090407.
A RESOLUTION reappointing a Director of the Economic Development
Authority of the City of Roanoke, to fill a four (4) year term on the Board of
Directors.
I
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565
WHEREAS, the Council is advised that the term of office of F. Gordon
Hancock, a Director of the Economic Development Authority of the City of
Roanoke, Virginia, will expire October 20, 2007; and
WHEREAS, 915.2-4904, 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.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that
F. Gordon Hancock, is hereby reappointed as a Director on the Board of
Directors of the Economic Development Authority of the City of Roanoke,
Virginia, for a term of four (4) years commencing October 21, 2007, and
expiring October 20, 2011.
APPROVED
ATTEST:
~ '(n.~~
Stephanie M. Moon, CMC
City Clerk
~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of September, 2007.
No. 37890-090407.
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:
},,",
.,~. "
566
1. For the Annual Business Session of the Virginia Municipal League
to be held during the League's 2007 Annual Conference scheduled for I
October 14-16, 2007, in James City County,. Virginia, and for any meetings of
the Urban Section held in conjunction with the Annual Conference of the
League, The Honorable Beverly T. Fitzpatrick, Jr., Council Member, cis hereby
designated Voting Delegate, and The Honorable Alfred T. Dowe, Jr., Council
Member, is hereby designated Alternate Voting Delegate.
2. For any meetings of the Urban Section of the Virginia Municipal
League to be held in conjunction with the League's 2007 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:
~~~
Stephanie M. Moon, CMC
City Clerk
e
c. elson Harris.
, Mayor
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The l]th day of September, 2007.
No. 37891-091707.
AN ORDINANCE to appropriate funding from undesignated fund balance
for the Capital Maintenance and Equipment Replacement Program (CMERP), and
the Reserve for Self-Insured Claims, amending and re-ordaining certain sections
of the 2007-2008 General, Capital Projects, Department of Technology, Fleet
Management, Risk Management and Grant Funds Appropriations.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2007-2008 General, Capital Projects, Department of Technology,
Fleet Management, Risk Management and Grant Funds Appropriations be, and
the same are hereby, amended as follows:
I
567
I General Fund
Appropriations
Inmate Phone Commissions 01-140-3310-2074 $ 8,815.00
VA Museum of Transportation 01-300-7220-3714 32,200.00
History Museum 01-300-7220-3776 33,000.00
CMERP - Equipment Purchases 01-530-4210-9132 1 5,000.00
CMERP - Equipment Purchases 01-620-4340-9132 40,000.00
Youth Scholarships 01-620-8170-2302 4,657.00
Foster Care-Donation Expense 01-630-5314-2305 9,700.00
Sporting Events 01-640-3114-2081 750.00
Citizen Police Academy 01-640-3114-2132 563.00
Homeland Defense 01-640-3114-2164 391.00
Project Life Saver 01-640-3114-2169 13,064.00
Transfer to Capital Projects
Fund 01-250-9310-9508 717,325.00
Transfer to DOT Fund 01-250-9310-9513 47,050.00
Transfer_ to Risk Management
Fund 01-250-9310-9519 250,000.00
Transfer to School Fund 01-250-9310-9530 500,000.00
I Transfer to Grant Fund 01-250-9310-9535 54,422.00
Fund Balance
Reserved for CMERP - City 01-3323 (1,476,937.00)
Reserved for Self-Insured
Claims 01-3327 (250,000.00)
Capital Proiects Fund
Appropriations
CMERP - Equipment Purchases 08-310-9793-9132 (9,673.00)
CMERP - Equipment Purchases 08-310-9799-9132 100,000.00
CMERP - Equipment Purchases 08-440-9810-9132 90,000.00
CMERP - Equipment Purchases 08-530-9563-9132 30,000.00
CMERP - Equipment Purchases 08-520-9542-9132 120,140.00
Contingency 08-530-9575-9220 216,435.00
CMERP - Equipment Purchases 08-530-9661-9132 (58,000.00
CMERP - Equipment Purchases 08-530-9798-9132 120,643.00
CMERP - Equipment Purchases 08-530-9726-9132 55,000.00
CMERP - Equipment Purchases 08-610-9929-9132 78,096.00
CMERP - Equipment Purchases 08-620-9758-9132 (25,316.00)
Revenues
Transfer from General Fund 08-110-1234-1037 717,325.00
I
568
Department of Technology Fund I
Appropriations
Reserve - Future Capital Outlay 13-430-1602-3028 693,000.00
CMERP - Equipment Purchases 13-430-9925-9132 238,000.00
CMERP - Equipment Purchases 13-430-9870-9132 (190,950.00)
Revenues
Transfer from General Fund 13-110-1234-0951 47,050.00
Fund Balance
Retained Earnings Available 13-3348 (693,000.00)
Fleet Manaaement Fund
Appropriations
Other Equipment 17-440-2642-9015 31,000.00
Fund Balance
Retained Earnings Unrestricted 17~3336 (31,000.00)
Risk Management Fund
Revenues
Transfer from General Fund 19-110-1234-0951 250,000.00
Retained Earnings.
Reserve for Self-Insured Claims 19-3327 250,000.00
Grant Fund I
Appropriations
Local Match Funding for
Grants 35-300-9700-5415 54,422.00
Revenues
Transfer from General Fund 35-300-9700-5207 54,422.00
Pursuant to the provisions of Section 1 ~ of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~~.~
Stephanie M. Moon, CMC
City Clerk
c,
C. Nelson Harris
Mayor
I
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1
569
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2007.
No. 37892-091707.
AN ORDINANCE to appropriate funding from the General Fund for
textbooks, amending and reordaining certain sections of the 2007-2008 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 2007-2008 School Fund Appropriations be, and'the same are
hereby, amended and reordained to read and provide as follows:
School Fund
Appropriations
Textbooks 30-065-7600-6100-0613
Revenue
Transfer from General Fund 30-110-1234-0951
$ 500,000.00
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
ATTEST:
~~~.~
Stephanie M. Moon, CMC
City Clerk
C. Nelson Harris
Mayor
570
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 1 Th day of September, 2007.
No. 37893-091707.
AN ORDINANCE to appropriate funding from unqesignated fund balances
for textbooks and facilities maintenance, amending and reordaining certain
sections of the 2007-2008 General and School Funds Appropriations, and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2007-2008 General and School Funds Appropriations be, and
the same are hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Transfer to School Fund 01-250-9310-9530 $ 329,702.00
Fund Balance
Undesignated Fund Balance 01-3324 (329,702.00)
School Fund I
Appropriations
Textbooks 30-065-7600-6100-0613 2,000,000.00
Maintenance 30-065-7600-6681-0821 2,000,000.00
. Revenues
Transfer from General Fund 30-110-1234-0951 329,702.00
Fund Balance
Undesignated Fund Balance 30-3324 (3,670,298.00)
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:
Stephanie M. Moon, CMC
City Clerk
C2.~~
C. Nelson Harris
Mayor
~ 'T-t\.~
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571
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2007.
No.3 7894-091707.
A Resolution of the City Council of the City of Roanoke, Virginia
approving the issuance of an amount not to exceed $6,000,000.00 in revenue
bonds to be issued by the Economic Development Authority of the City of
Roanoke, Virginia for the benefit of Virginia Lutheran Homes, Inc.; for the
financing or refinancing of certain improvements to its existing continuing
care retirement community known as Brandon Oaks, located at 3804 Brandon
Avenue, in the City of Roanoke, Virginia ("Brandon Oaks").
The Economic 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
$6,000,000.00 (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 a renovation
of and expansion to the Brandon Oaks, consisting of approximately 20,000
square feet of renovated space to include, without limitation, a pool, a fitness
and wellness center, dining areas and staff and resident activity space (the
"Project"), (2) other capital expenditures at Brandon Oaks, working capital and
funded 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.
The Authority held a public hearing on the Borrower's application on
September 12, 2007, as required by Section 147(f) of the !nternal 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.
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.
572
The Authority has recommended that the Council approve the I
issuance of the Bonds.
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.
NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
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.
Adopted by the City Council of the City of Roanoke, Virginia this 17'" day I
of September, 2007.
APPROVED
ATTEST:
~~.~
t
Stephanie M. Moon, CMC
City Crerk
C. Nelson Harris
Mayor
I
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573
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 Th day of September, 2007.
No. 37895-091707.
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. 03CY0459/03), 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 17, 2007, 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:
~~,---:. ,,""'.~h-J
Stephanie M. Moon, CMC
City Clerk
(!.
C. Nelson Harris
Mayor
574
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2007.
No. 37896-091707.
I
AN ORDINANCE appropriating funds from the federal government for the
Runaway and Homeless Youth Act Grant, amending and reordaining certain
sections of the 2007-2008 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 2007-2008 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
FSA 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
FY08
35-630-5146-1002
35-630-5146-1004
35-630-5146-1105
35-630-5146-1116
35-630-5146-1118
35-630-5146-1120
35-630-5146-1125
35-630-5146-1126
35-630-5146-1130
35-630-5146-1131
35-630-5146-2021
35-630-5146-2030
35-630-5146-2042
35-630-5146-2044
35-630-5146-2046
35-630-5146-2066
35-630-5146-5146
$ 63,939.00
828.00
9,258.00
1,300.00
130.00
5,054.00
8,280.00
518.00
723.00
163.00
1,920.00
1,850.00
700.00
6,529.00
740.00
32,449.00
134,381.00
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575
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:
~-rn.~
Stephanie M. Moon, CMC
City Clerk
e.,
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2007.
No. 37897-091707.
A RESOLUTION accepting a grant to the City from the Commonwealth of
Virginia's 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 of Roanoke does hereby accept from the Commonwealth
of Virginia, Department of Motor Vehicles, a grant in the amount of
$30,000.00. The grant, which requires no match by the City, is more
. particularly described in the letter of the City Manager to Council, dated
September 17, 2007.
2. The City Manager and the City Clerk are hereby authorized to
execute, seal and attest, respectively, the grant agreement and all necessary
documents required to accept this grant; all such documents to be approved as
to form by the City Attorney.
576
3. The City Manager is further directed to furnish such additional I
information as may be required by the Commonwealth of Virginia, Department
of Motor Vehicles, in connection with the City's acceptance of this grant.
APPROVED
ATTEST:
~"'.~
~
Stephanie M. Moon, CMC
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2007.
No. 37898-091707.
AN ORDINANCE to appropriate funding from the U.S. Department of I
Transportation through the Commonwealth of Virginia Department of Motor
Vehicles for a multi-purpose highway safety grant (Driving Under the Influence,
Aggressive Driver, and Motor Vehicle Occupant Protection), amending and
reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and
dispensing with the second re"ading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2007-2008 Grant Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Overtime Wages
FICA
Expendable Equipment
Training and Development
Revenues
DMV Multi-purpose Grant FY08
35-640-3439-1003
35-640-3439-1120
35-640-3439-2035
35-640-3439-2044
$ 23,223.00
1,777.00
4,650.00
350.00
35-640-3439-3439
30,000.00
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577
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:
~~~TY\.~~
e. \JJl~~
c. Nelson Harris
Mayor
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY QF ROANOKE, VIRGINIA,
The 17th day of September, 2007.
No. 37899-091707.
A RESOLUTION accepting an Aggressive Driver Grant to the City from the
Commonwealth of Virginia's 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 of Roanoke does hereby accept from the Commonwealth
of Virginia, Department of Motor Vehicles, an Aggressive Driver Grant in the
amount of $5,000.00. The grant, which requires no match by the City, is more
particularly described in the letter of the City Manager to Council, dated
September 17, 2007.
2. The City Manager and the City Clerk are hereby authorized to
execute, seal and attest, respectively, the grant agreement and all necessary
documents required to accept this grant; all such documents to be approved as
to form by the City Attorney.
578
3. The City Manager is further directed to furnish such additional I
information as may be required by the Commonwealth of Virginia, Department
of Motor Vehicles, in connection with the City's acceptance of this grant.
APPROVED
ATTEST:
~'M.~
Stephanie M. Moon, CMC
City Clerk
<2~~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 Th day of September, 2007.
No. 37900-091707.
AN ORDINANCE to appropriate funding from the U.S. Department of I
Transportation through the Commonwealth of Virginia Department of Motor
Vehicles for an Aggressive Driver highway safety grant, amending and
reordaining certain sections of the 2007-2008 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 2007-2008 Grant Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Overtime Wages 35-640-3441-1003
FICA 35-640-3441-1120
Revenues
DMV Aggressive Driver Grant FY08 35-640-3441-3441
$ 4,644.00
356.00
5,000.00
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579
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, CMC
City Clerk
~ \kt+\~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2007.
No. 37901-091707.
A RESOLUTION rescinding Resolution No. 37765-051407 and providing
for an amendment of the fees charged at Center in the Square Garage, Church
Avenue Garage, Elmwood Park Garage, Gainsboro Garage, Market Garage,
Tower Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot, Warehouse Row
Lot, and Williamson Lot; authorizing the City Manager to modify, waive, or
reduce such parking fees under certain conditions; providing for assessment of
certain fees for late payment or nonpayment of such parking fees; authorizing
the City Manager to issue guidelines to implement, administer, and enforce
such fees; and directing amendment of the Fee Compendium.
BE IT RESOLVED by the Council of the City of Roanoke that: ,
1. Resolution No. 37765-051407, adopted by' Council on May 14,
2007, which addressed parking fee changes, be, and it hereby is rescinded,
retroactive to May 14, 2007, since parking fees are now being addressed in this
Resolution.
2. The parking fees for the Center in the Square Garage shall be
amended in accordance with the following new fee schedule effective
October 1, 2007:
580
Center in the Square Garage
Current Fee Schedule
New Fee Schedule
Monthly reserved $85/mo Monthly reserved $90/mo
Monthly unreserved $65/mo Monthly unreserved $70/mo
Short term weekdays Short term weekdays
8 am to 5 pm 8 am to 4 pm
0-.5 hr. $.75 Per.5 hr. $1.00
~5-1 hr. $1.50 over 2.5 hrs. $6.00
1 - 1 . 5 h rs. $2.25
1 . 5 - 2 h rs. $3.00
2.0-2.5 hrs. $3.75
2.5-3 hrs. $4.25
over 3 hrs. $5.00
Short term weeknights $2.00 Short ter'm weeknights $3.00
5 pm to 9pm flat rate 4 pm to 9 pm flat rate
Saturday FREE Saturday FREE
(except 4 pm to 9 pm)
Short term Saturday $3.00
4 pm to 9 om flat rate
Sunday FREE Sunday FREE
I
3. The parking fees for the Church Avenue Garage shall be amended I
in accordance with the following new fee schedule effective October 1, 2007:
Church Avenue Garage
Current Fee Schedule
New Fee Schedule
Monthly $65/mo Monthly $65/mo
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 5 pm $.75 8 am to 4 pm $1.00
0-.5 hr. $1.50 Per .5 hr. $6.00
.5-1 hr. $2.25 over 2.5 hrs.
1 - 1. 5 h rs . $3.00
1 .5 - 2 h rs. $3.75
2 - 2 . 5 h rs . $4.25
2 . 5 - 3 h rs. $5.00
over 3 hrs.
Enter Monday- FREE Short term $2.00
Friday after 5 pm weeknights flat rate
4 pm to 9 pm
Saturday FREE Saturday FREE
Sunday , FREE Sunday FREE
I
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I
581
4. The parking fees for the Elmwood Park Garage shall be amended in
accordance with the following new fee schedule effective October 1, 2007:
EI mwood Park Garage
Current Fee Schedule
New Fee Schedule
Monthly $65/mo Monthly $65/mo
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 5 pm $.75 8 am to 5 pm $1.00
0-.5 hr. $1.50 Per .5 hr. $6.00
.5-1 hr. $2.25 over 2.5 hrs.
1 - 1. 5 h rs. $3.00
1 . 5 - 2 h rs. $3.75
2-2.5 hrs. $4.25
2 . - 3 h rs. $5.00
over 3 hrs.
Enter Monday- FREE Enter Monday- FREE
Fridav after 5 pm Fridav' after 5 pm
Saturday FREE Saturday FREE
Sunday FREE Sunday FREE
5. The parking fees for the Gainsboro Garage shall be amended in
accordance with the following new fee schedule effective October 1, 2007:
Gainsboro Garage
Current Fee Schedule
New Fee Schedule
Monthly $35/mo Monthly $35/mo
reserved $17.50/mo reserved $17.50/mo
Monthly student Monthly student
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 4 pm $.50 8 am to 4 pm $.50
0-.5 hr. $1.00 Pe r . 5 -h r. $5.00
.5-1 hr. $1.50 over 4.5 hrs.
1 - 1 . 5 h rs; $2.00
1 . 5 - 2 h rs. $2.50
2-2.5 hrs. $3.00
582
2.5-3 hrs. $3.50
3 - 3 . 5 h rs . $4.00
over 3.5 hrs.
Enter Monday- FREE Short term $2.00 flat rate
Friday after 5 weeknights Note: A $1
pm 4 pm to 9 pm discount off of
the evening rate
will be made
available for
Roanoke Higher
Education Center
students with
appropriate
student
documentation
when presented
to the attendant
on duty.
Saturday FREE Saturday FREE
Sunday FREE Sunday FREE
I
6. The parking fees for the Market Garage shall be amended in
accordance with the following new fee schedule effective October 1, 2007:
Market Garage
Current Fee Schedule
I
New Fee Schedule
Monthly $85/mo Monthly $85/mo
reserved $65/mo reserved $65/mo
Monthly Monthly
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 5 pm $.75 8 am to 4 pm $1.00
0-.5 hr. $1.50 Per .5 hr. $6.00
.50-1 hrs. $2.25 over 2.5 hrs.
1 - 1 . 5 h rs. $3.00
1 . 5 - 2 h rs . $3.75
2 - 2 . 5 h rs . $4.25
2.5-3 hrs. $5.00
over 3 hrs.
Enter Monday- FREE Short term $2.00 flat rate
Friday after 5 weeknights
pm 4 pm to 9 pm
Saturday FREE Saturday (excePt FREE
I
I
I
I
583
Sunda
FREE
$2.00 flat rate
4
FREE
7. The parking fees for the Tower Garage shall be amended in
accordance with the following new fee schedule effective October 1, 2007:
Tower Garage
Current Fee Schedule
New Fee Schedule
Monthly $85/mo Monthly $85/mo
reserved $65/mo reserved , $65/mo
Monthly Monthly
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 5 pm $.75 8 am to 4 pm $1.00
0~.5 hr. $1.25 Per .5 hr. $6.00
.5-1 hr. $2.25 over 2.5 hrs.
1 - 1. 5 h rs . $3.00
1 . 5 - 2 h rs . $3.75
2-2.5 hrs. $4.25
2.5-3 hrs. $5.00
over 3 hrs.
Enter Monday~ FREE Short term $2.00 flat rate
Friday after 5 weeknights
pm 4 pm to 9 pm
Saturday FREE Saturday (except FREE
4 pm to 9 pm
Short term $2.00 flat rate
Saturday
4 pm to 9 pm
Sunday FREE Sunday FREE .
8. The parking fees for the Elmwood Lot shall be amended in
accordance with the following new fee schedule effective October 1, 2007:
584
Elmwood Lot
Current Fee Schedule
New Fee Schedule
I
Monthly $43/mo Monthly $43/mo
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 5 pm $.75 8 am to 5 pm $.75
0-.5 hr. $1.50 Per .5 hr. $5.00
.5-1 hr. $2.25 over 3 hrs.
1-1.5 hrs. $3.00
1 . 5 - 2 h rs . $3.75
2 - 2 . 5 h rs . $4.50
2.5-3 hrs. $5.00
over 3 hrs.
Enter Monday- FREE Enter Monday- FREE
Friday after 5 pm Friday
After 5 pm
Saturday FREE Saturday FREE
Sunday FREE Sunday FREE
9. The parking fees for the Higher Ed Center Lot shall be amended in
accordance with the following new fee schedule effective October 1, 2007:
I
Higher Ed Center Lot
Current Fee Schedule
New Fee Schedule
Monthly $35/mo Monthly $35/mo
reserved $17.50/mo reserved $17.50/mo
Monthly student Monthly student
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 4 pm $.50 8 am to 4 pm $.50
0-.5 hr. $1.00 Per .5 hr. $5.00
.5-1 hr. $1.50 over 4.5 hrs.
1 - 1 . 5 h rs. $2.00
1.5 -2 hrs. $2.50 !
2 - 2 . 5 h rs. $3.00
2.5-3 hrs. $3.50
3-3.5 hrs. $4.00
over 3.5 hrs.
Enter Monday- FREE Short term $2.00 flat rate
I
I
I
I
585
FREE
FREE
FREE
FREE
10.' The parking fees for the Market Lot shall be amended in
accordance with the following new fee schedule effective October 1, 2007:
Market Lot
Current Fee Schedule
New Fee Schedule
Monthly $65/mo Monthly $65/mo
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 5 pm $.75 8 am t05 pm $.75
0-.5 hr. $1.50 Per .5 hr. $5.00
.5-1 hr. $2.25 over 3 hrs.
1 - 1. 5 h rs. $3.00
1 . 5 - 2 h rs . $3.75
2-2.5 hrs. $4.25
2.5-3 hrs. $5.00
over 3 hrs.
Enter Monday- FREE Weeknights FREE
Friday after 5 pm after 5 pm
Saturday FREE Saturday FREE
Sunday FREE Sunday FREE
11. The parking fees for the Warehouse Row Lot shall be amended in
accordance with the following new fee schedule effective October 1, 2007:
Warehouse Row lot
Current Fee Schedule
New Fee Schedule
Monthly $52.50 Monthly $52.50
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 5 pm . $.50 8 am to 5 pm $.50
0-.5 hr. $1.00 Pe r . 5 h r. $3.00
.5-1 hr. $1.50 over 2.5 hrs.
1 - 1 . 5 h rs . $2.00
1.5-2 hrs. $2.50
2-2.5 hrs. $3.00
over 2.5 hrs.
586
Enter Monday~
Friday after 5 pm
FREE
Enter Monday-
Friday
after 5 m
Saturda
Sunda
FREE
Saturda
Sunda
FREE
FREE
FREE
FREE
I
12. The parking fees for the Williamson Lot shall be amended in
accordance with the following new fee schedule effective October 1, 2007:
Williamson Lot
Current Fee Schedule
New Fee Schedule
Monthly $55/mo Month Iy $55/mo
unreserved unreserved
Short term Short term
weekdays weekdays
8 am to 5pm $.75 8 am to 5 pm $.75
0-.5 hr. $1.50 Per .5 hr. $5.00
.5-1 hr. $2.25 over 3 hrs.
1 - 1 . 5 h rs . $3.00
1.5-2 hrs. $3.50
2 - 2 . 5 h rs . $4.00
2 . 5 - 3 h rs . $4.50
3-3.5 hrs. $5.00
over 3.5 hrs.
Enter Monday- FREE Enter Monday- FREE
Friday after 5 pm Friday
after 5 pm
Saturday FREE Saturday FREE
Sunday FREE Sunday FREE
I
13. The City Manager is hereby authorized to reduce any such parking
fees for any of the above parking facilities by up to $10.00 in accordance with
the following guidelines, which are intended to encourage the optimal use of
the parking system. Therefore, the City Manager may authorize a change in
rates and/or fees in any of the following circumstances:
I
587
I A.
B.
C.
D.
E.
F.
G.
I
I
To 'provide a specific transportation benefit including
reduced traffic congestion;
To facilitate parking faCility cost savings;
To avoid excessive parking supply;
To encourage the reduced use of on-street parking;
To 'promote, market and/or develop specific parking
facilities;
To ensure an appropriate mix of parking uses in all city
facilities; or
To encourage or enhance the use of downtown parking
facilities for special event locations.
14. The City Manager is hereby authorized to modify or waive the
parking fees for any of the above parking facilities for City sponsored events or
other special events, as the City Manager may deem appropriate.
15. Any payments of monthly parking fees received more than five
calendar days after such fees are due may be assessed a late fee of $5.00 per
card in addition to the monthly rate charged. Any payment of monthly parking
fees received more than fifteen calendar day's after such fees are due is subject
to a $1 5.00 per access card reactivation fee.
16. Nonpayment of daily parking fees may subject violators to the
following fees; $10.00 if paid within the first seven days after the violation;
$17.50 if paid within seven to fourteen days after the violation; and $25.00 if
paid after fourteen days after the violation.
17. The parking fees set forth herein will not be applicable to parking
agreements that provide for a specific parking fee or other method of payment
for a specified period of time unless otherwise provided for in such agreements
or until such agreements expire or are terminated. Nor will such parking fees
be applicable to City parking programs except as set forth in such program.
18. The above mentioned New Fee Schedules, charges, and related
matters will be effective October 1, 2007.
19. The City Manager is hereby authorized to issue such guidelines as
the City Manager deems appropriate in order to implement, ,administer, and
enforce the fees and matters provided for in this Resolution.
588
20. 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 to be charged at Center in the Square Garage,
Church Avenue Garage, Elmwood Park Garage, Gainsboro Garage, Market
Garage, Tower Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot,
Warehouse Row Lot, and Williamson Lot.
I
APPROVED
ATTEST:
~ Xn.~
Stephanie M. Moon, CMC
City Clerk
~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2007.
I
No. 37902-091707.
AN ORDINANCE authorizing the proper City officials to execute a
Performance Agreement among the City of Roanoke (City), the Economic
Development Authority of the City of Roanoke, Virginia, (EDA), and Roanoke
Hotel Group, LLC, (RHG), providing for certain undertakings by the parties in
connection with the development of certain property located along Reserve
Avenue; and dispensing with the second reading by title of this Ordinance.
WHEREAS, RHG has proposed the development of certain property located
along Reserve Avenue;
''',-, ..:
WHEREAS, the development of the site will require significant
infrastructure cost for the site development to provide for a hotel;
WHEREAS, RHG has requested an economic development grant through
the EDA to assist in the unusual expense for development of the site;
. WHEREAS, City staff has advised Council that such project will benefit I
economic development within .the City and the Roanoke Valley; and
I
I
I
589
WHEREAS, the City and the EDA wish to encourage RHG 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 EDA, and RHG, as set forth in the attachment to
the City Manager's letter to Council dated September 17, 2007, which provides
for certain undertakings and obligations by RHG, as well as certain
undertakings by the City and the EDA. City Council further finds that the
economic development grant(s), which shall not exceed a total of
$1,000,000.00, . 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 EDA, and RHG, upon certain terms and conditions as set forth in the
City Manager's letter to Council dated September 17, 2007. 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, including
any amendments thereto.
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:
e.UJL~
~ h\.~
Stephanie M. Moon, CMC
City Clerk
C. Nelson Harris
Mayor
,
,
i
590
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2007.
I
No. 37903-091707.
AN ORDINANCE authorizing the proper City officials to execute an
Amendment No.2 to a Performance Agreement dated November 18, 2004, as
amended, among the City of Roanoke, (City), the Economic Development
Authority of the City of Roanoke, Virginia, (EDA), and IMD, Investment Group,
LLC, (IMD), which amendment will provide for a time extension concerning an
obligation of IMD under such Performance Agreement; and dispensing with the
second reading by title of this Ordinance.
WHEREAS, the City, the EDA, and IMD entered into a Performance
Agreement dated November 18, 2004, (Performance Agreement) and a
subsequent Amendment No. 1 dated November 14, 2006, concerning IMD's
proposed development of certain property mentioned therein, and which was
subject to certain terms and conditions contained in' such Performance
Agreement; and "
WHEREAS, IMD has requested a certain time extension for completion of
one of IMD's obligations under the Performance Agreement and Amendment
No.1 and the City and the EDA have agreed to IMD's request.
I
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. City Council hereby approves IMD's requested time extension for
completion of one of IMD's obligations under the Performance Agreement and
Amendment No.1, namely that item relating to Subsection 2 (D), as set forth in
the City Manager's letter to Council dated September 17, 2007, and the draft
Amendment No. 2 attached thereto.
2. The City Manager and the City Clerk are authorized on behalf of the
City to execute and attest, respectively, an Amendment No. 2 to the
Performance Agreement and Amendment No.1, providing for a certain time
extension for IMD to complete one of IMD's obligations thereunder regarding
the time period to open a drug store, upon certain terms and conditions as set
forth in the above mentioned City Manager's letter. Such amendment will be
substantially similar to the one attached to such letter and in a form approved
by the City Attorney.
I
I
I
I
591
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 amendments to the
Performance Agreement and of the Performance Agreement itself.
4. Pursuant to the provisions of Section 12 of the City Charter, the
second reading by title of this Ordinance is hereby dispensed with.
APPROVED
ATTEST:
~'::""'m.~
Stephanie M. Moon, CMC
City Clerk
t~~
c. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 Th day of September, 2007.
No. 37904-091707.
A RESOLUTION approving the Blue Ridge Behavioral Healthcare FY 2008
Performance Contract.
WHEREAS, Section 37.2-500 of the Code of Virginia (1950) as amended,
requires every locality to establish a community service board to oversee the
delivery of mental health, mental retardation and substance abuse services, and
it is further required that the governing body of a locality approve the
Community SerVice Board's performance contract; and
WHEREAS, the City of Roanoke has established the Blue Ridge Behavioral
Healthcare Board pursuant to this statutory provision.
592
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the Blue Ridge Behavioral Healthcare 2008 Community Service Performance I'
Contract, as more particularly set forth in the City Manager's letter dated
September 17, 2007, to this Council, is hereby approved.
APPROVED
ATTEST:
~.\kt~
Stephanie M. Moon, CMC
City Clerk
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2007.
No. 37905-091707.
AN ORDINANCE authorizing the City Manager to execute a Second 1
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 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 10, 2005, for Meadowbrook to operate, manage
and conduct the business and services of the Countryside Golf Club for one
year, which was extended by a First Amendment dated September 21, 2006,
for an additional one year period;
WHEREAS, Section 4 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 additional terms of one year; and
WHEREAS, the City and Meadowbrook wish to extend the term of the
Operating Agreement for one additional year, until October 31, 2008, upon
certain terms and conditions as set forth in the Second Amendment, the First
Amendment, and in the Operating Agreement; and
1
1
1
1
593
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 Second Amendment to
the Operating Agreement with Meadowbrook dated November 10, 2005, for a
term of one additional year, from November 1, 2007, through October 31,
2008, and such other terms and conditions as the City Manager deems
appropriate, 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 17, 2007; 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 additional documents as may be necessary to provide for the
implementation, administration, and enforcement of such Amendment, as well
as the Operating Agreement and any other Amendments.
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, CMC
City Clerk
~ vJJ-~ww>o
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of September, 2007.
No. 37906-091707.
A RESOLUTION authorizing the City Manager to enter into the 2007-2008
Community Development Block Grant and HOME Investment Partnerships
Program subgrant Agreement with Blue Ridge Housing Development
Corporation, Inc., upon certain terms and conditions.
594
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, 1
to execute and attest, respectively, the 2007-2008 Community Development
Block Grant and HOME Investment Partnerships Program subgrant Agreement
with Blue Ridge Housing Development Corporation, Inc., approved as to form by
the City Attorney, as is more particularly set forth in the City Manager's letter
dated September 1 7 ~ 2007, to City Council.
APPROVED
ATTEST:
~.~
Stephanie M. Moon, CMC
City Clerk
~\\Mtt\~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of September, 2007.
No. 37907-091707.
1
A RESOLUTION authorizing the City Manager to enter into the 2007-2008
Community Development Block Grant subgrant Agreement with Total Action
Against Poverty in the Roanoke Valley, Inc., 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 2007-2008 Community Development
Block Grant subgrant Agreement with Total Action Against Poverty in the
Roanoke Valley, Inc.,. 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 September 17, 2007, to City Council.
APPROVED
ATTEST:
"tr:-J)~ . ~d"'. ~
~Moon, CMC
City Clerk
e.
C. Nelson Harris
Mayor
1
1
1
1
595
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2007.
No. 37908-091707.
AN ORDINANCE authorizing the City Manager to enter into C!.n Agreement,
and to execute any other documents necessary to implement the terms of the
Agreement, between the City of Roanoke and the Roanoke City School Board,
pertaining to the Breckinridge Fitness Center, and dispensing with the second
reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1 . The City Manager and the City Clerk are authorized to execute and
attest, respectively, on behalf of the City of Roanoke, in form approved by the
City Attorney, an Agreement with the Roanoke City School Board, and to
execute any other documents necessary to implement the terms of the
Agreement with regard to the Breckinridge Fitness Center, such Agreement to
be upon such terms and conditions as are more particularly described in the
City Manager's letter dated September 17, 2007, to this City Council, and
similar in form to the Agreement attached to the City Manager's letter dated
September 17, 2007, to this City 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:
~ln.~~
Stephanie M. Moon, CMC
City Clerk
Q,
C. Nelson Harris
Mayor
596
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
1
The 1 Th day of September, 2007.
No. 37909-091707.
AN ORDINANCE authorizing the City Manager to enter into an Agreement
between the City of Roanoke and the School Board of the City of Roanoke for
the purpose of establishing an organizational structure for working together to
explore opportunities for joint services, and dispensing with the second reading
of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are authorized to execute and
attest, respectively, on behalf of the City of Roanoke, in form approved by the
City Attorney, an Agreement with the School Board of the City of Roanoke for
the purpose of establishing an organizational structure for working together to
explore opportunities for joint services, such Agreement beginning
September 17, 2007, and renewed, automatically after one year, unless
terminated by notice from either party, upon such terms and conditions as are
more particularly described in the City Manager's letter dated September 17, 1
2007, 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:
lY). ~~
Stephanie M. Moon, CMC
City Clerk
~.~~~
C. Nelson Harris
Mayor
1
1
1
1
597
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2007.
No. 37910-091707.
A RESOLUTION authorizing the execution of a temporary right-of-entry
. agreement with Norfolk Southern Railway Company ("NS") and Virginia Holding
Corporation, for the City of Roanoke to perform topographical surveys upon
property owned by NS in connection with the Roanoke River Flood Reduction
project, and further authorizing the City to indemnify and hold NS and Virginia
Holding Corporation harmless as provided in such temporary right-of-entry
agreement.
BE IT RESOLVED by the Council of the City of Roanoke that the City
Manager and City Clerk are hereby authorized to execute and attest
respectively, for and on behalf of the City, upon form approved by the City
Attorney, a temporary right-of-entry agreement with Norfolk Southern Railway
Company and Virginia Holding Corporation, for the City to perform topographic
survey studies upon certain land owned by Norfolk Southern, in connection with
the Roanoke River Flood Reduction project, and authorizing the City to
indemnify and hold NS and Virginia Holding Corporation harmless from any
claims arising against NS or Virginia Holding Corporation as a result of the
City's actions under the agreement, as further set forth in the City Manager's
letter to this Council dated September 17, 2007.
APPROVED
ATTEST:
~rn. ~tvV
Stephanie M. Moon, CMC
City Clerk
c uQsU~
C. Nelson Harris
Mayor
598
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
1
The l]th day of September, 2007.
No. 37911-091707.
A RESOLUTION authorizing the City to indemnify and hold harmless the
Jefferson Center Foundation, as a condition of two rental agreements for 1)
Renovate Roanoke, and 2) the Arts Festival; and authorizing the execution of
any necessary documents.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City is authorized to indemnify and hold the Jefferson Center
Foundation harmles's, for any injuries, deaths, or damages suffered by anyone
using the Jefferson Center in connection with Renovate Roanoke on October 20,
2007, or the Arts Festival on October 4, 6, and 7, 2007, as more particularly set
forth in the City Manager's letter to Council dated September 17, 2007.
2. The City Manager and the City Clerk are hereby authorized on
behalf of the City to execute and attest, respectively,. in a form approved by the
City Attorney, any necessary documents to rent the Jefferson Center for the 1
subject dates.
APPROVED
ATTEST:
.~
) Stephanie M. Moon, CM~
City Clerk
e. AAL
c. Nelson Harris
Mayor
1
1
1
1
599
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 Th day of September, 2007.
No. 37912-091707.
AN ORDINANCE permanently vacating, discontinuing and closing a
portion of a certain streets 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, Echo Sentinel Group, LLC, and Unified Human Services
Transportation Services, Inc., 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 a portion of certain
streets and certain public rights-of-way described hereinafter;
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 August 20, 2007, 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 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 streets and certain public rights-of-
way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the streets and certain public rights-of-way situate in the City of
Roanoke, Virginia, and more particularly described as follows:
600
31 st Street, N. W., between Baker Avenue, N. W., and Breckenridge 1
Avenue, N. W.; a portion of Breckenridge Avenue, N. W., from a point
beginning at the southwestern boundary of property bearing Official Tax
No.2 510112 and running in an easterly direction to a point ending at the
southwest corner of Official Tax No. 2510301; and a 15' wide alley
running in an easterly direction from a parcel bearing Official Tax No.
2510104 to its terminus at 31't Street, N. W.
be, and is hereby permanently vacated, discontinued and closed, and that all
'right and interest of the public in and to the same be, and hereby is, released
insofar_as City Council is empowered so to do with respect to the closed streets
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 streets 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 1
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 streets 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 applicant shall submit to the
Subdivision: Agent, receive all required approvals of, and record with the Clerk
of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat
combining all properties which would otherwise dispose of the land within the
rights-of-way to be vacated in a manner consistent with law, and retaining
appropriate easements, together with the right of ingress and egress over the
same, for the installation and maintenance of any and all existing utilities that
maYbe 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 1
Clerk to effect such recordation.
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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 Four Thousand Five Hundred Twenty Five Dollars and No/100
($4,525.00) as consideration pursuant to 915.2-2008, Code of Virginia (1950),
as amended, for the vacated rights-of-way.
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 fo'r 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:
~ n,. ~......
Stephanie M. Moon, CMC
City Clerk
e~ \U,~
C. Nelson Ha~ris
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2007.
No. 37913-091707.
A RESOLUTION initiating and supporting the City's Clean and Green
campaign and declaring September 18, 2007, to be Clean and Green Day in the
City.
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WHEREAS, the City of Roanoke is recognized as a unique, beautiful, and
healthy community in which to live, work, and play;
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WHEREAS, the City has been recognized for its healthy economy, vibrant
greater downtown, strong neighborhoods, and diverse arts and cultural
activities available to its residents and visitors;
WHEREAS, the City desires to create a more visually appealing
environment, thus enhancing the quality of life in our community;
WHEREAS, the City is ready to take significant measures to keep Roanoke
clean and healthy while conveying to its residents, leaders, businesses, and
civic organizations that we all have a vested interest in protecting and
preserving the beauty and cleanliness of the Star City;
WHEREAS, the City will officially launch a campaign to clean and beautify
our community and to educate and foster awareness of litter prevention, waste
reduction, and recycling by informing residents of the City what they can do
every day to reduce their waste, protect and beautify the environment, and
better our community;
WHEREAS, the City will partner with local businesses, schools, CIVIC
organizations, neighborhoods, and residents to support Roanoke's 1
beautification and improvement project by empowering individuals to take
greater responsibility and by mobilizing these individuals to take action;
WHEREAS, the campaign will be aimed at providing sustainable solutions
for improving the visual and physical aspects of our community's environment
while encouraging residents to clean, maintain, and beautify our environment;
and
WHEREAS, the City's neighborhoods, parks, streets, greenways, rivers,
and other natural resources should be beautified, protected, and preserved, and
this goal of beautification and environmental sustainability is the legacy we
wish to leave for those who follow us.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Council hereby supports the recommendation of Council Member
Gwendolyn W. Mason to launch the City of Roanoke's Clean and Green
campaign and urges the residents of our community to do their part in creating
a clean, litter-free, healthy and environmentally conscious community while
preserving the natural beauty and visual amenities of our City.
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2. Council hereby declares September 18, 2007, to be Clean and
Green Day in the City of Roanoke.
APPROVED
, ATTEST:
- m.~-.J
Stephanie M. Moon, CMC
City Clerk
~.~~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of September, 2007.
No. 37914-091707.
A RESOLUTION closing certain City offices on Monday, December 24, 2007,
and Monday, December 31, 2007, and providing for additional holiday leave for all
City employees.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. City offices that are not engaged in performing emergency services or
other necessary and essential services of the City shall be closed on Monday,
December 24, 2007, and Monday, December 31,2007.
2. City personnel who are not engaged in performing emergency services
or other necessary and essential services for the City shall be excused from work for
eight hours on Monday, December 24, 2007, and eight hours on Monday,
December 31,2007.
3. With respect to emergency service employees and other employees
performing necessary and essential services who cannot for reasons of public health,
safety or welfare be excused from work on Monday, December 24, 2007, and,
Monday, December 31, 2007, such employees, regardless of whether they are
scheduled to work on Monday, December 24, 2007, or Monday, December 31, 2007,
shall be accorded time off at a later date. Employees of the Fire-EMS Department
working the three platoon system shall receive a total of twenty-four hours of holiday
time due to their work schedule for the two holidays.
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4. Adherence to this resolution shall cause no disruption or cessation
of the performance of any emergency, essential or necessary public service
rendered or performed by the City.
APPROVED
ATTEST:
Yn.~
Stephanie M. Moon, CMC
City Clerk
<2 .~<$\~
C. Nelson Harris
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of October, 2007.
. No. 37915-100107.
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AN ORDINANCE amending and reordaining Section 36.2-333, Floodolain
Overlay District (F), of Chapter 36.2, ZoninQ, of the Code of the City of Roanoke
(1979), as amended, to update the Floodplain Overlay District (F) regulations;
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 36.2-333, Floodplain Overlay District (F), of Article 3,
Regulations for Specific ZoninQ Districts, of Chapter 36.2, ZoninQ, of the Code
of the City of Roanoke (1979), as amended, is hereby amended and reordained
to read and provide as follows:
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936.2-333. Floodolain Overlay District (F).
(b) Establishment of floodplain areas. For the purpose of the
regulations prescribed in this section, there are hereby created various
floodplain areas subject to inundation by waters of the 100-year flood. The
basis for the delineation of the floodway, the flood-fringe, and the
approximated floodplain, shall be the flood insurance study for the City of
Roanoke prepared by the Federal Emergency Management Agency, Federal
Insurance Administration, Volume 1 of 3 and \/olull"le 3 of 3 dated October 1 S,
1993, al"ld Volun"le 2 of 3 dated October 18, 1999, as amended. dated
September 28, 2007. A copy of the flood insurance study, City drainage
standards, and accompanying maps as an"lellded shall be filed in the offices of
the City Clerk and the City Engineer and are hereby declared to be a part of
these regulations. The floodplain areas shall consist of the following:
(3) The approximated floodplain shall be that floodplain area for which
no detailed flood profiles or elevations are provided but where a 100-year
floodplain boundary has been approximated. Such areas are shown as Zone A
and AD on the flood insurance rate map. Where the specific 100-year flood
elevation cannot be determined for this area using other sources of data, such
as the U.S. Army Corps of Engineers Floodplain Information Reports or the U.S.
Geological Survey Flood-Prone Quadrangles, then the applicant for the
proposed use, development, or activity shall determine this elevation in
accordance with hydrologic and hydraulic engineering techniques. When a Zone
A or Zone AD area is located between two (2) numbered zones, 1 OO-year flood
elevations shall be linearly interpolated between known elevations, along the
centerline of the channel. Hydrologic and hydraulic analyses shall be
undertaken only by the applicant's professional engineers who shall certify that
the technical methods used correctly reflect currently accepted technical
concepts. Studies, analyses, and computations shall be submitted in sufficient
detail to allow a thorough review by the City Engineer.
(g) Floodplain development regulations.
(2) Alteration or relocation of watercourse: Prior to any proposed
alteration or relocation of any channel with a regulatory floodplain, within the
City, a permit shall be obtained from the U.S. Army Corp of Engineers, the
Virginia Department of Environmental Quality, and the Virginia Marine
Resources Commission. Furthermore, notification of the proposal shall be
given by the applicant to all affected adjacent jurisdictions and the Dam Safety
and Floodplain Management Division of the Virginia Department of
Conservation and Recreation (Division of Soil and Vv'ater Conservation). If the
channel to be altered or relocated contains a regulatory floodplain, a
conditional letter of map revision shall be secured from FEMA, prior to
construction.
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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:
~ht. ~.-.
Stephanie M. Moon, CMC
City Clerk
David B. Trinkle
Vice-Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The pt day of October, 2007.
No. 37916-100107.
A RESOLUTION authorizing acceptance of the FY2008 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 FY2008 Fire Programs
Funds Grant in the amount of $250,194.00, such grant being more particularly
described in the letter of the City Manager to Council dated October 1, 2007.
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.
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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.
APPROVED
ATTEST:
tn.~
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of October, 2007.
No. 37917-100107.
AN ORDINANCE appropriating funding from the Commonwealth of
Virginia for the Fire Program Grant, amending and reordaining certain sections
of the 2007-2008 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 2007-2008 Grant Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Expendable Equipment <$5,000
Training and Development
Wearing Apparel
Recruiting
Regional Fire Training Academy
Revenues
Fire Program FY08
35-520-3337-2035
35-520-3337-2044
35-520-3337-2064
35-520-3337-2065
35-520-3337-9073
$ 105,194.00
10,000.00
70,000.00
5,000.00
60,000.00
35-520-3337-3337
250,194.00
608
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
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m. ~h-J
Stephanie M. Moon, CMC
City Clerk
ATTEST:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of October, 2007.
No. 37918-100107.
A RESOLUTION readopting an Emergency Operations Plan for the City of
Roanoke.
WHEREAS, this Council is greatly concerned with the health, safety, and 1
well-being of its citizens and desires that the best possible emergency services
be available to them;
WHEREAS, the Commonwealth of Virginia Emergency Services and
Disaster Law of 1973, Chapter 3.2 of Title 44 of the Code of Virginia (1950), as
amended, requires that each city and county in the Commonwealth maintain an
Emergency Operations Plan which addresses its planned response to emergency
situations;
WHEREAS, such an Emergency Operations Plan was developed by City
staff in coordination with the then Virginia Department of Emergency Services,
and City Council, by Resolution No.3 5688-121701, authorized the adoption of
an Emergency Operations Plan; and
WHEREAS, the Emergency Operations Plan has been revised and updated
and State law requires the readoption of emergency operations plans every
four years;
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609
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that
this Council does hereby adopt the revised Emergency Operations Plan for the
City of Roanoke in accordance with the recommendation contained in the City
Manager's letter to Council dated October 1, 2007.
APPROVED
ATTEST:
.. h-). ~~
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of October, 2007.
No. 37919-100107.
A RESOLUTION expressing the support of the Council of the City of
Roanoke to the Virginia Department of Transportation for the repainting of two
1-581 bridges, one over Williamson Road and the other over Kimball Avenue.
WHEREAS, in accordance with Virginia Department of Transportation
("VDOT") requirements, City Council must document the City's support, by
resolution, of a project before an award of federal funds can be made available
for the project.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The City hereby endorses the repainting of two' 1-581 bridges, one
over Williamson Road and the other over Kimball Avenue, such improvements
being more particularly described in the City Manager's letter dated October 1,
2007, to City Council.
2.
funds.
The City agrees to pay a two per cent (2%) match to the federal
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3. The City Manager and the City Clerk are hereby authorized on I
behalf of the City to execute and attest, respectively, all necessary and
appropriate agreements providing for the repainting of two 1-581 bridges, one
over Williamson Road and the other over Kimball Avenue, such agreements to
be in such form as is approved by the City Attorney.
4. The City Clerk is directed to transmit an attested copy of this
resolution to VDOT.
APPROVED
ATTEST:
~.... .~. J "hi. ~
Stephanie M. Moon, CMC
City Clerk
vrg~
Vice-Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The pt day of October, 2007.
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No. 37920-100107.
AN ORDINANCE amending and reordaining the Code of the City of
Roanoke (1979), as amended, by repealing Chapter 11.2, Stormwater
Manaoement, consisting of 99 11.2-1 through 11.2-23, and enacting a new
Chapter 11.4, Stormwater Management, being a comprehensive revision of the
stormwater management regulations of the City; providing for an effective date;
and dispensing with the second reading by title of this ordinance.
WHEREAS, the City's Comprehensive Plan, Vision 2001 - 2020, recognizes
the importance of environmental quality stating that, "Roanoke will protect the
environment and ensure quality air and water for citizens of the region. Special
emphasis will be placed on the Roanoke River and its tributaries. Stormwater
management will be addressed on a regional as well as local level;"
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WHEREAS, land-disturbing activities and associated increases in
impervious cover alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, stream channel erosion, and
sediment transport and deposition;
WHEREAS, increased stormwater runoff contributes to increased
quantities of water-borne pollutants;
WHEREAS, stormwater runoff, soil erosion and nonpoint source pollution
can be controlled and minimized through the regulation of stormwater runoff
from land-disturbance sites;
WHEREAS, the City's regulations pertaining to stormwater management
need to be updated and made consistent with current state code requirements;
WHEREAS, because stormwater management is an issue which affects the
Roanoke Valley region and not simply a single jurisdiction, representatives from
the City and from Roanoke County have drafted ordinances to be adopted by
their respective governing bodies, such ordinances being developed to be
consistent and supportive of one another; and
WHEREAS, this Council, after considering the proposed stormwater
management ordinance, is of the opinion that the proposed stormwater
management ordinance is necessary for the management of stormwater in the
City of Roanoke and ought to be adopted.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. Chapter 11.2, Stormwater Manaaement, consisting of 99 11.2-1
through 11.2-23, of the Code of the City of Roanoke (1979), as amended, is
hereby REPEALED.
2. The Code of the City of Roanoke (1979), as amended, is amended
and reordained by the addition of a new Chapter 11.4, Stormwater
Management, consisting of 9911.4-1 . through 11.4-30, to read and provide as
follows:
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Chapter 11.4. Stormwater Management.
Article I. In General.
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Section 11.4-1. Title and Authority.
(a) This chapter shall be known as the "Stormwater Management
Ordinance of the City of Roanoke, Virginia."
(b) The Virginia Stormwater Management Act ("Act"), Sections 10.1-
603.2, et ~., of the Code of Virginia (1950), as amended, enables
localities to adopt, by ordinance, a stormwater management
program consistent with state regulations promulgated pursuant to
law.
Section 11.4-2. Purpose.
The purpose' of this chapter is to establish minimum stormwater
management requirements and controls to protect property, safeguard the
general health, safety, and welfare of the public residing in watersheds within
the City, and to protect aquatic resources. This chapter seeks to meet that
purpose through the following objectives:
(a)
Require that land-disturbing activities maintain the same after-
development runoff characteristics, as nearly as practicable, as the
pre-development runoff characteristics in order to reduce flooding,
siltation, stream bank erosion, and property damage associated
with land-disturbing activities;
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(b) Establish minimum design criteria for the protection of properties
and aquatic resources downstream from land-disturbing activities
from damage due to increases in volume, velocity, frequency,
duration, and peak flow rate of storm water runoff;
(c) Establish minimum design criteria for measures to minimiZe
nonpoint source pollution from stormwater runoff which would
otherwise degrade water quality;
(d) Establish provisions for the long-term responsibility for and
maintenance of stormwater management control devices and other
techniques specified to manage the quality and quantity of runoff;
and
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(e)
Establish certain administrative procedures for the submission,
review, approval, and disapproval of stormwater plans, and the
inspection of approved projects.
Section 11.4-3. Applicability.
(a) This chapter shall be applicable to all subdivision, site plan or
land-disturbing activities, including denuding and mass grading,
unless eligible for a variance by the City under the provisions of
Article III of this chapter.
(b) This chapter shall be applicable to land-disturbing activities that
are smaller than the minimum applicability criteria if such activities
are part of a larger common plan of development that meets the
applicability criteria, even though multiple separate and distinct
land-disturbing activities may take place at different times on
different schedules.
(c)
All stormwater management plans submitted for consideration
under the terms of this chapter must be reviewed by the City to
ensure that established water quality standards will be m'aintained
during and after development of the site and that post
construction runoff levels are consistent with the City's and
regional watershed plans.
(d) The following activities are exempt from these stormwater
performance requirements:
(1) Permitted surface or deep mining operations and projects, or
oil and gas operations and projects conducted under the
provisions of Title 45.1 of the Code of Virginia (1950), as
amended;
(2) Clearing of lands specifically for agricultural purposes and
the management, tilling, planting or harvesting of
agricultural, hort;icultural, or forest crops;
(3) Single-family residences separately built and disturbing less
than one acre and not part of a larger common plan of
development or sale, including additions or modifications to
existing single-family detached residential structures;
(4) Minor subdivisions for single-family residences that disturb a
combined area of less than one acre of land area;
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(5) Land-disturbing activities that disturb less than 5,000 square
feet of land area, except for activities that are part of 1
development or sale that is 5,000 square feet or greater of
disturbance;
(6) Linear development projects, provided that (i) less than
5,000 square feet of land will be disturbed per outfall, (ii) the
resulting increase in the peak flow discharge from a 10-year
storm event is less than 0.5 cubic feet per second, and (iii)
there are no existing or anticipated flooding or erosion
problems downstream of the discharge point as determined
by the Administrator;
(7) Activities under a state or federal reclamation program to
return an abandoned property to an agricultural or open land
use; and
(8) Routine maintenance that is performed to maintain the
original line and grade, hydraulic capacity, or original
construction of the project and that disturbs less than five
acres of land.
(e)
Any additions, extensions, or modifications to development which
were previously exempt shall provide stormwater management for
the entire combined development when the acreage limitations
are exceeded.
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Section 11.4-4. Compatibility with Other Requirements.
This chapter is not intended to interfere with, abrogate, or annul any other
ordinance, rule or regulation, stature, or other provision of law. The
requirements of this chapter should be considered minimum requirements, and
where any provision of this chapter imposes restrictions different from those
imposed by any other ordinance, rule or regulation, or other provision of law,
whichever provisions are more restrictive or impose higher protective standards
for human health or the environment shall apply.
Section 11.4-5. Stormwater Management Design Manual.
(a) The City will utilize the policy, criteria and information, including
the specifications and standards of the Manual for the proper
implementation of the requirements of this chapter.
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(b) The City Manager may update or revise the Manual from time to
time, based on improvements in engineering, science, monitoring
and local maintenance experience, without approval by City
Council.
(c) Stormwater treatment practices that are designed and constructed
in accordance with the design and sizing criteria set forth in the
Manual are presumed to meet the minimum water quality
performance standards by the Commonwealth of Virginia.
Article II. Program Permit Procedures and Requirements.
Section 11.4-6. Permit Required.
(a) No land owner or operator shall receive any building, grading or
other land development permits required for land-disturbing
activities without first meeting the requirements of this chapter
prior to commencing the proposed activity.
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(b) Should a land-disturbing activity associated with an approved plan
in accordance with this section not begin during the 1 80-day period
following approval or cease for more than 180 days, the City may
evaluate the existing approved stormwater management plan to
determine whether the plan still satisfies local program
requirements and to verify that all design factors are still valid. If
the City finds the previously filed plan to be inadequate, a modified
plan shall be submitted and approved prior to the initiation or
resumption of land-disturbing activities.
(c) No land development permit, building permit, or other land-
disturbing activity shall be granted or extended for more than five
(5) consecutive years from the date of the original permit issuance
without reevaluation of the stormwater management requirements
of this chapter.
Section 11.4-7. Permit Application Requirements.
(a) Unless specifically exempted by this chapter, any land owner or
operator desiring a permit for a land disturbance activity shall
submit to the City a permit application on a form provided by the
City for that purpose.
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(b)
Unless specifically exempted by this chapter, a permit application
must be accompanied by the following in order that the permit
application be considered:
(1) Stormwater management plan in accordance with Section
1104-8;
(2) Maintenance agreements in accordance with Section 1104-9;
(3) Permit application and plan review fee in accordance with
Section 11 04- 11 ; and
(4) Completed subm,ittal checklist.
(c) Permit applications shall comply with the requirements contained
within the Manual.
Section 1104-8. Stormwater Management Plan.
(a)
No application for land development, land use conversion, or land-
disturbing activity will be approved unless it includes a stormwater
management plan, as required by this chapter, detailing how runoff
and associated water quality impacts resulting from the activity will
be controlled or managed.
(b) No building, grading, or sediment control permit shall be issued
until a satisfactory stormwater management plan, or a variance
thereof, shall have undergone a review and been approved by the
Administrator after determining that the plan or variance is
consistent with the requirements of this chapter.
(c) Stormwater Management Concept Plan.
(1) Prior to submitting any stormwater management plan, the
land owner or operator may submit a concept plan to the
Administrator for determining if whether the proposed
stormwater management plan generally meets the
requirements of this chapter and other regulations.
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(2) The stormwater management concept plan will include all
information required to evaluate the environmental
characteristics of the project site, the potential impacts of all
proposed development of the site, both present and future,
on the water resources, and the effectiveness and
acceptability of the measures proposed for managing
stormwater generated at the project site. Submittal, review,
approval, and resubmittal of stormwater management
concept plans shall comply with the requirements set forth in
the Manual.
(3) A stormwater management concept plan and meeting with
the Administrator is required prior to the submission of the.
stormwater management plan if the proposed land
development plan meets any of the following criteria:
(A) The project includes a jurisdictional wetland, perennial
stream or intermittent stream on the development
property;
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(B)
The project includes 25% or greater slopes in the area
of land disturbance;
(C) Runoff from the project has the potential to inundate
or otherwise adversely impact downstream properties;
or
(D) Runoff from the project will be discharged to a City:
owned storm drain system.
(d) Stormwater Manaqement Plan.
(1) The stormwater management plan shall be sealed
appropriately and signed by a professional in adherence with
all minimum standards and requirements pertaining to the
practice of that profession in accordance with the provisions
of 954.1-400, et ~, or the Code of Virginia (1950), as
amended, certifying that the plan meets all submittal
requirements outlined in this chapter and is consistent with
good engineering practice.
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(2) The stormwater management plan shall include all of the
information required in the Final Stormwater Management
Plan checklist found in the Manual.
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Section 1104-9. Stormwater Facility Maintenance AQreements.
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Prior to approval of a development plan and the issuance of any permit that has
a stormwater management facility as one of the requirements of the permit, the
permittee or owner of the site must execute a maintenance agreement,
providing access to the City, or the City's designee, and a formal maintenance
schedule that shall be binding on all subsequent owners of land served by the'
stormwater management facility.
(a) The maintenance agreement shall provide for access to stormwater
management facilities at reasonable times for periodic inspection
by the City, or its contractor or agent or other designee, and for
regular assessmE~nts of land owners to ensure that the facility is
maintained in proper working condition to meet design standards
and any other provisions established by this chapter. Access
easement dimensional and location requirements are discussed in
detail in the Design Manual.
(b) When any new stormwater management facility is installed on
private property, or when any new connection is made between
private property and a public storm drainage system, duly
authorized employees, agents, or representatives of the City shall
be authorized to enter any public or private property at any
reasonable time for the purpose of inspection. This includes the
right to enter a property when it has a reasonable basis to believe
that a violation of this chapter is occurring or has occurred, and to
enter when necessary for abatement of a public nuisance or
correction of a violation of this chapter.
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(c) Maintenance of all stormwater management facilities shall be
ensured through the establishment of a formal maintenance
agreement that must be approved by the City and recorded with
the Clerk of Circuit Court prior to final plan approval. The
agreement shall identify by name or official title the responsible
party for carrying out the maintenance including the owner,
governmental agency or other legally established entity to be
permanently responsible for maintenance.
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(d) The operation and maintenance of stormwater management
facilities, . unless assumed by a governmental agency, shall remain
with the responsible party and shall pass to any successor in title.
The maintenance agreement shall run with the property in
perpetuity such that if portions of the land are subdivided or sold,
the maintenance agreement shall pass to the successors in title.
The City shall approve any changes to the maintenance agreement
should the sale or subdivision of a portion of the property
necessitate changes in the previous agree'ment. These subsequent
arrangements shall designate for each land owner, governmental
agency, or other legally established entity to be permanently
responsible for maintenance.
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(e) As part of the agreement, a schedule shall be developed for when
and how often' maintenance will occur to ensure proper function of
the stc>rmwater management facility. The agreement shall also
include plans for periodic inspections to ensure proper
performance of the facility between scheduled maintenance and
should also include "failure to maintain" provisions. The terms of
the maintenance agreement shall incorporate and be consistent
with the requirements of the operation and maintenance portion of
the stormwater management plan as described in the Manual.
(f) In the event that maintenance or repair is neglected, or the
stormwater management facility becomes a danger to public
health, safety, or the environment, the City reserves the authority
to perform the work and to recover the costs from the land owner.
Section 11.4-10. Performance Bonds.
(a) The City may, at its discretion, require the submittal of a
performance security or bond with surety, cash escrow, letter of
credit or other acceptable legal arrangement, all of which shall be
in a form approved by the City prior to issuance of a permit in
order to ensure that the stormwater practices are installed by the
permittee as required by the approved stormwater management
plan. The permittee shall be notified of performance bond
requirements during the plan review process.
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(b) The amount of the installation performance security shall be the
total, estimated construction cost of the storm drainage systems
and stormwater management facilities approved under the permit,
plus 25% as an allowance for administrative costs, inflation and
damage to existing facilities.
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(c)
The performance security shall contain forfeiture provIsions for
failure, after proper notice, to complete work within the time
specified, or to initiate or maintain appropriate actions which may
be required of the permittee in accordance with the approved
stormwater management plan.
(d) If the City takes such action upon such failure by the permittee, the
City may collect from the permittee the difference should the
amount of the reasonable cost of such action exceed the amount of
the security held.
(e) At the request of the permittee, at the completion of the
requirements of the approved stormwater management plan in the
form of as-builts and certification documentation, such bond, cash
escrow, letter of credit or other legal arrangement, shall be
refunded to the permittee or terminated.
(f) These requirements are in addition to all other provisions of City
requirements relating to the issuance of such plans and are not
intended to otherwise affect the requirements for such plans.
Section 11.4-11. Permit Application Procedure.
(a) Applications for land disturbance activities, and all related
construction activity and plans may be filed with the City on any
regular business day.
(b) Permit applications and the stormwater management plan shall
include all of the information required by the Manual.
(c) Within five (5) working days from the receipt of an application, the
City shall conduct a preliminary review of the application for
completeness. During this period, the City shall either accept the
application for review, or reject the application for incompleteness.
(1) If the City rejects the application for incompleteness, it shall
inform the applicant in writing within five (5) working days of
the submittal date, stating the reasons for non-acceptance.
(2) If the City accepts the application for review, the review
period shall begin on the date of acceptance and the City
shall begin review of the application for conformance with
the requirements of this chapter, the Manual and any other
regulations.
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(d) Within twelve (12) working days of the acceptance of a complete
permit application, including all documents as required by the
Manual, the City shall notify the applicant whether the application
is approved or disapproved.
(e) If the permit application, stormwater management plan or
maintenance agreement are disapproved, the City shall
communicate the decision to the applicant in writing. The applicant
may then revise the submittal. If additional information is
submitted, the City shall have twelve (12) working days from the
date the additional information is received to inform the applicant
that the submittal is approved or disapproved.
(f) If the permit application, stormwater management plan and
maintenance agreement are apptoved by the City, the ,following
conditions apply:
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(1) The applicant shall comply with all applicable requirements
of the approved plan and this chapter and shall certify that
all land clearing, construction, land disturbance and drainage
will be done according to the approved plan.
(2) The land disturbing activity and development shall be
conducted only within the area specified in the approved
plan.
(3) The City shall be allowed to conduct periodic inspections of
the project.
(4) The person responsible for implementing the approved plan
shall conduct monitoring and submit reports as the City may
require to ensure compliance with the approved plan and to
determine whether the plan provides effective stormwater
management.
(5) No changes may be made to an approved plan without review
and written approval by the City.
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(6) A certified inspection, in accordance with Section 11.4-22, of
all aspects of the stormwater management facility
construction and geotechnical inspections during subsurface
or backfilling and compaction activities shall be required.
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(gl Where a construction project or a land disturbance activity has not 1
been completed within five (5) years of the approval of the
stormwater management plan, the applicant shall revise, if
necessary, and resubmit the stormwater management plan to the
City for review. The City shall review the resubmitted stormwater
management plan in accordance with the requirements set forth in
this chapter.
Article III. Variances to Stormwater Management Requirements.
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Section 11.4-12. Variances for Providinq Stormwater Management.
(a) Every applicant shall provide for stormwater management, unless
the applicant files a written request for a variance from this
requirement. A request for a variance from the stormwater
management plan requirements shall be submitted in writing to the
City for approval.
(b) A variance from the requirements of this chapter may be granted
by the Administrator, provided that: (i) the variance from the
criteria are the minimum necessary to afford relief, and (ii)
reasonable and appropriate conditions shall be imposed as
necessary upon any variance granted so that the intent of this
chapter is preserved.
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(c) An applicant may be granted a variance from the minimum
requirements for stormwater management upon written request of
the applicant, provided that at least one of the following conditions
applies:
(1) It can be demonstrated that the proposed development will
not impair attainment of the objectives of this chapter.
(2) Alternative minimum requirements for on-site management
of stormwater discharges have been established in a
stormwater management plan that has been approved by the
City and that is required to be implemented by this Code.
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(f)
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(3) Provisions are made to manage stormwater by an off-site
facility. The off-site facility is required to be in place,
designed and adequately sized to provide a level of
stormwater control that is equal to or greater than that which
would be afforded by on-site practices and has a legally
obligated entity responsible for long-term operation and
maintenance of the stormwater practice.
(4) The City finds that meeting the minimum on-site
management requirements is not feasible due to the natural
or existing physical characteristics of a site.
(d) Economic hardship is not a reason to grant a variance from the
requirements of this chapter.
(e)
In instances in which one of the conditions above applies, the City
may grant a variance from strict compliance with the requirements
of this chapter, provided that acceptable mitigation measures ar'e
provided. However, to be eligible for a variance, the applicant must
demonstrate to the satisfaction of the Administrator that the
downstream waterways will not be s,ubject to:
(1) Deterioration of existing culverts, bridges, dams, and other
structures;
(2) Deterioration of biological functions or habitat;
(3) Accelerated streambank or streambed erosion or siltation;
(4) Increased threat of flood damage to public health, life and
property.
If a regional stormwater management facility, designed to control
stormwater quantity or quality, currently operates or is scheduled
to be constructed downstream of the proposed development, the I
City has the option to require the developer to pay a fee for its
share of the responsibility of the regional stormwater management
facility. Paying a fee-in-Iieu of stormwater management practices
does not relieve the developer of meeting any requirements of this
stormwater ordinance other than the negotiated relief, The
developer is responsible for ensuring that downstream properties
are not negatively impacted by stormwater flow, velocity, or quality
leaving the developed site.
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Section 11.4-13. Hearings and Appeals.
(a) Any permit applicant or permittee aggrieved by an action of the
Administrator taken without a formal hearing, or by inaction of the
Administrator, may demand in writing a formal hearing by the
Administrator, provided a petition requesting such hearing is filed
with the Administrator within thirty (30) days of notice of the action
complained subject to the complaint.
(b) Appeals by a permittee aggrieved by any final decision of the
Administrator after the hearing required in subsection (a), above,
may be prosecuted in accordance with section 10.1-603.13 of the
Virginia Code of 1950, as amended.
Article IV. General Criteria for Stormwater ManaQement.
Section 11 .4-14. General.
(a) The Manual shall govern general and specific criteria for
stormwater management calculations, designs, and
implementation. The following technical criteria shall be applied
on all applicable land-disturbing activities.
(b) Determination of flooding and channel erosion impacts to receiving
streams due to land-disturbing activities shall be measured at each
point of discharge from the land disturbance, and such
determination shall include any runoff from the balance of the
watershed which also contributes to that point of discharge.
(c) The specified design storms shall be defined as either a 24-hour
storm using the rainfall distribution recommended by the U.S.
Department of Agriculture's Natural Resources Conservation
Service (NRCS) when using NRCS methods, or as the storm of
critical duration that produces the greatest required storage
volume at the site when using a design method such as the
Modified Rational Method as defined in the Manual.
(d)
For purposes of computing runoff, all pervious lands in the site
shall be assumed prior to disturbance to be in good condition (if
the lands are pastures, lawns, or parks), with good cover (if the
lands are woods), or with conservation treatment (if the lands are
cultivated) regardless of conditions existing at the time of
computation.
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(e)
For land disturbing activities, pre-development runoff quantities
shall be computed based on pre-construction land conditions that
existed over the five (5) years prior to the application date that
results in the lowest pre-development peak rate of runoff. For
~ites being redeveloped, pre-development conditions runoff
quantities shall be computed based on the site conditions that
existed over the five (5) years prior to the application date that
results in the highest pre-development peak rate of runoff.
(f) Construction of stormwater management facilities or modifications
to channels shall comply with all applicable laws and regulations.
Evidence of approval of all necessary permits shall be presented.
(g) Impounding structures that are not covered by the Impounding
Structure Regulations (4 VAC 50-20-10, et. seq.) shall be
engineered for structural integrity during a 1 OO-year storm event.
(h) Pre-development and post-development runoff rates shall be
verified by calculations that are consistent with good engineering
practices.
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(i)
Outflows from a stormwater management facility or stormwater
conveyance system shall be discharged to an adequate channel. If
an adequate channel does not exist, an owner may provide
alternative means to handle peak flows as identified in the Manual
and as approved by the Administrator as part of the Stormwater
Management Plan review process.
U) Proposed residential, commercial, or industrial subdivisions shall
apply these stormwater management criteria to the land
disturbance as a whole. Individual lots in new subdivisions shall not
be considered separate land-disturbing activities, but rather the
entire subdivision shall be considered a single land-disturbing
activity. Hydrologic parameters shall reflect the ultimate
disturbance and shall be used in all engineering calculations.
(k) All stormwater management facilities shall have an inspection and
maintenance plan which identifies the owner and the responsible
party for carrying out the inspection and maintenance plan.
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(I)
Construction of stormwater management impoundment structures
within a Federal Emergency Management Agency (FEMA) designated
100-year floodplain shall be avoided to the extent possible. When
this is unavoidable, all stormwater management facility
construction shall be in compliance with all applicable regulations
under the National Flood Insurance Program, 44 CFR Part 59.
(m) Natural channel characteristics shall be preserved to the maximum
extent practicable.
(n) Land-disturbing activities shall comply with the proVISions of
Chapter 11.1, Erosion and Sediment Control, of this Code.
(0) Non-structural stormwater practices and low impact development
(LID) practices designed to reduce the volume of stormwater runoff
are encouraged to reduce the amount of stormwater runoff that
must be managed. This' will help to m,nimize the reliance on
structural practices which require ongoing maintenance in order to
be effective.
(1) The City may allow non-structural stormwater practices to be
used in conjunction with or in place of structural measures in
order to satisfy, partially or in whole, the requirements of
this chapter, if the performance and implementation
standards of such measures are documented in peer
reviewed technical literature, are acceptable to the City based
on its exercise of sound professional judgment, and the
City finds that the measures would achieve equivalent benefit
for water quantity or water quality protection as would
otherwise be provided by structural measures.
(2) Non-structural site and LID development measures may
include, but are not limited to, maintaining undisturbed
naturally vegetated areas, minimization of impervious
surfaces, stream buffer restoration, providing additional
stream buffer areas, wetland restoration, water reuse and
recycling, and development design that reduces the rate,
time of concentration, and volume of stormwater runoff.
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(p) The design of all stormwater management facilities and structures
shall incorporate appropriate safety measures which may include
safety ledges, fencing, warning signs, anti-vortex devices, stadia
rod indicating depth at the lowest point, outlet structures designed
to limit public access, and other appropriate measures as
applicable.
(q) Outlets from stormwater management facilities shall be designed
to function without manual, electrical, or mechanical controls.
Such controls may be allowed on a case-by-case basis if detailed
operating, testing and maintenance procedures are included as part
, of the maintenance agreement, the system is designed with an
alarm to notify of a malfunction, and these provisions are
presented to the Administrator as part of a variance request as
described in section 11.4-12 of this Chapter.
Section 11.4-1 5. Structural Stormwater Management Practices.
(a)
All stormwater management practices shall be designed so that the
specific storm frequency peak discharge flow rate and storage
volumes are met, unless the Administrator grants the applicant a
variance or the applicant is exempt from such requirements. In
addition, if hydrologic or topographic conditions warrant greater
control than that provided by the minimum control requirements,
as determined by the City, the City ,reserves the right to impose
additional requirements deemed necessary to protect downstream
properties and aquatic resources from damage due to increased
volume, frequency, and rate of stormwater runoff.
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(b) Stormwater management practices for a site shall be chosen based
on the physical conditions of the site. Among the factors that
should be considered:
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(1) Topography;
(2) Maximum drainage area;
(3) Depth to water table;
(4) Soils;
(5) Slopes;
(6) Terrain;
(7) Hydraulic head; and
(8) Location in relation to environmentally sensitive features.
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(c)
All stormwater management practices shall be designed to convey
stormwater to allow for the maximum removal of pollutants and
reduction in flow velocities. This shall include, but not be limited
to:
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(1) Maximizing of flow paths from inflow points to outflow
points;
(2) Protection of inlet and outfall structures;
(3) Elimination of erosive flow velocities; and
(4) Providing of underdrain systems, where applicable.
(d) Stormwater treatment practices shall be required to have an
acceptable form of water quality pretreatment as set forth in the
Manual. Stormwater infiltration practices or practices having an
infiltration component are prohibited, even with pretreatment, in
the following circumstances:
(1) Where bedrock, impermeable strata or clay lenses, or
groundwater is present within 3 feet below the invert of the
infiltration practice;
(2) Where the infiltration practice will be placed in fill material;
(3) Where the infiltration practice will be placed in soils with 30 1
percent or greater clay content, or the soils have an
infiltration rate of less than 0.52 inches per hour or greater
than 8.27 inches per hour;
(4) Where the infiltration practice will be placed on a slope of
greater than 20 percent;
(5) Where the infiltration practice is within 20 feet downgradient
of a structure or 100 feet upgradient of a structure, or within
100 feet of a drinking water well, or within 20 feet of a
wastewater septic tank or drain field;
(6) Where the underlying geology is defined as karst geology;
(7) Where stormwater is generated from highly contaminated
source areas known as "hotspots" or where stormwater
runoff includes a contaminated non-stormwater component;
or
(8) Where stormwater is being managed in a designated
groundwater recharge area.
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(e) All stormwater management practices shall be designed to capture
and treat stormwater runoff according to the specifications
outlined in the Manual. These specifications will designate the
, water quality treatment and water quantity criteria that apply to an
approved stormwater management practice.
(f) All stormwater management practices must have a landscaping
plan detailing both the vegetation to be in the practice and how
and who will manage and maintain this vegetation. This plan must
be prepared by a qualified individual familiar with the selection of
emergent and upland vegetation appropriate for the selected BMP.
(g) A legally binding covenant specifying the responsible part(ies) for
the proper maintenance of all stormwater treatment practices shall
be secured prior to approval of development plans or issuance of
any permits for land disturbance activities. In addition, all
stormwater treatment practices shall have an enforceable operation
and maintenance agreement to ensure the system functions as
designed. This agreement will include any and all access easements
required for, the City to periodically access and inspect the
stormwater treatment practices.
1 Section 11.4-16. Water Ouality.
(a) All stormwater runoff from land-disturbing activities impervious
areas shall be treated by appropriate best management practices
prior to leaving the property unless BMPs are not required to meet
the water quality requirements of this chapter.
(b) Minimum Standard - Compliance with the minimum water quality
criteria for phosphorous removal may be achieved by applying the
performance-based or the technology-based criteria to either the
site or a planning area.
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(1) Performance-based criteria. For land-disturbing activities, the
calculated post-development non point source pollutant
runoff load shall be compared to the calculated pre-
development load based upon the average land cover
condition (assumed value of 16% of land covered by
impervious surface) or the existing site condition. BMPs shall
be located, designed, and maintained to achieve the target
pollutant removal efficiencies specified in Table 1 to
effectively reduce the pollutant load to the. required 'level
based upon the following four applicable land development
situations for which the performance criteria apply:
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(A) Situation 1 consists of land-disturbing activities where 1
the existing impervious cover is less than or equal to
16% and the proposed improvements will create a total
impervious cover which is less than 16%.
Requirement:
No reduction in the after disturbance
pollutant discharge is required.
Table 1 *
Water Quality BMP Target Phosphorus Percent
Removal Efficiency Impervious
Cove r
Vegetated Filter Strip 10% 16-21 %
Grassed Swale 15%
Constructed Wetlands 20%
Extended Detention (2x WQV) 35% 22 - 37%
Retention Basin I (3x WQV) 40%
Bioretention Basin 50%
Bioretention Filter 50%
Extended Detention-Enhanced 50% 38-66%
Retention Basin II (4x WQV) 50%
Infiltration I (1 x WQV) 50%
Sand Filter 65%
Infiltration II (2x WQV) 65% 67-100%
Retention Basin III (3x WQV 65%
with Aquatic Bench)
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* Innovative or alternate BMPs not included in this table which remove
appropriate non-point source pollution other than phosphorous (such as
petroleum hydrocarbons, sediment, etc.) may be allowed at the discretion of
the Administrator, if such innovative or alternate BMPs are shown to the
satisfaction' of the Administrator, to provide equivalent or better removal
efficiency compared to those BMPs shown in the Table.
(B) Situation 2 consists of land-disturbing activities where
the existing impervious cover is less than or equal to
16% and the proposed improvements will create a
total impervious cover which is greater than 16%.
Requirement:
The pollutant discharge after
disturbance shall not exceed the
pollutant discharge based on 16%
impervious cover.
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(C) Situation 3 consists of land-disturbing activities where
the existing percent impervious cover is greater than
16.
Requirement:
The pollutant discharge after
disturbance shall not exceed (i) the
pollutant discharge based on
existing conditions less 10% or (ii)
the pollutant discharge based 16%
impervious cover whichever is
greater.
(D) Situation 4 consists of land-disturbance activities
where the existing percent impervious cover is served
by an existing stormwater management BMP that
addresses water quality.
Requirement:
The pollutant discharge after
disturbance shall not exceed the
existing pollutant discharge based-
on the existing percent impervious
cover while served by the existing
BMP. The existing BMP shall be
shown to have been designed and
constructed in accordance with
proper design standards and
specifications, and to be in proper
functioning condition.
(2) Technology-based criteria. For land-disturbing activities, the
post-developed stormwater runoff from the impervious cover
shall be treated by an appropriate BMP as required by the
post-developed condition percent impervious cover as
specified in Table 1. The selected BMP shall be located,
designed, and maintained to perform at the target pollutant
removal effiCiency specified in Table 1.
Additional Requirements - Prior to the design of stormwater
management systems, applicants are encouraged to consult with
the Administrator to determine if they are subject to additional
stormwater design requirements due to environmental quality
concerns at the proposed land-disturbance activity or development
site. Situations that are subject to additional requirements are as
follows.
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(1) Stormwater discharges to critical areas with sensitive
resources (e.g., cold water fisheries, recharge areas,) may be
subject to additional criteria, or may need to utilize or
restrict certain stormwater management practices at the
discretion of the City.
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(2) Hotspots may require the use of specific structural BMPs and
pollution prevention practices as determined by the
Administrator to meet the goals of this chapter.
(3) Industrial sites which are listed under the Standard Industrial
Code that are required to prepare and implement a
stormwater pollution prevention plan, under the provisions
of the Virginia' Pollutant Discharge Elimination System
(VPDES) Permit for Discharges of Storm Water Associated
With Industrial Activity (9 VAC 25-151-10, et seq.) shall file a
VPDES General Permit Registration Statement - Industrial
Activity Storm Water Discharges (VAROs). The stormwater
pollution prevention plan requirement applies to both
existing and new industrial sites.
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Section 11.4-17. Stream Channel Erosion.
(a) To protect stream channels from degradation, specific channel
protection criteria shall be provided as prescribed in the Manual.
(b) Properties and receiving waterways downstream of any land-
disturbing activity shall be protected from erosion and damage due
to increases in volume, velocity and frequency of peak flow rate of
stormwater runoff in accordance with the minimum design
standards set out in this Article.
(c) The City may determine that some watersheds or receiving
stream systems require enhanced criteria in order to address
the increased frequency of bankfull flow conditions brought on by
land-disturbing activities.
Section 11.4-18. Floodinq.
(a) Calculation methodologies for determining peak flows as found in
~the Manual shall be used for sizing all stormwater management
practices.
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(b) Downstream properties and waterways shall be protected from
damages from localized flooding due to changes in runoff rate of
flow and hydrologic characteristics, including but not limited to,
changes in volume, velocity, frequency, duration, and peak flow
rate of stormwater runoff in accordance with the minimum design
standards set out in this section.
(c) The 10-year post-developed peak rate of runoff from the land-
disturbing activity shall not exceed the 10-year pre-developed peak
rate of runoff. The 2-year post-developed peak rate of runoff from
the land-disturbing activity shall not exceed the 2-year pre-
developed peak rate of runoff. When developing a stormwater
management design, these criteria shall be considered individually.
, Section 11.4-19. Reqional Stormwater Management Plans.
(a)
The objective of a regional stormwater management plan is to
allow the City to address the stormwater management concerns in
a given watershed with greater economy and efficiency by installing
regional stormwater management facilities versus individual, site-
specific facilities. The result will be fewer stormwater management
facilities to design, build, and maintain in the affected watershed.
It is also anticipated that regional stormwater management
facilities will not only help mitigate the impacts of new
development, but may also provide for the remediation of erosion,
flooding or water quality problems caused by existing development
within the given watershed.
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(b) Applicants shall communicate with the City prior to submitting an
application for stormwater management plan approval in
accordance with Article 1/ of this chapter to determine if a regional
stormwater management plan has been developed for the
applicable watershed.
(c) If such a regional stormwater management plan is in existence, the
applicant must provide stormwater management water quality
treatment on-site in accordance with the provisions of the regional
plan and other management provisions as specified by the City.
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(d) A regional stormwater management plan shall, at a minimum,
address the following:
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(1) The specific stormwater management issues within the
targeted watersheds;
(2) The technical criteria in this chapter, the Manual and the
Virginia Stormwater Management Program (VSMP) Permit
Regulations (4 VAC 50-60-40 through 4 VAC 50-60-80), as
needed;
(3) The implications of the City's comprehensive plan, zoning
requirements, and other planning documents;
(4) Opportunities for financing a watershed plan through cost
sharing with neighboring agencies or localities,
implementation of regional stormwater utility fees, etc.;
(5) Maintenance of the selected stormwater management
facilities; and
(6) Future expansion of the selected stormwater management
facilities in the event that development exceeds the
anticipated level.
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Article V. Construction Inspection.
Section 1104-20. Notice of Construction Commencement.
(a) The permittee must notify the Administrator before the
commencement of construction. The permittee must notify the
Administrator before construction of critical components of a
stormwater management facility.
(b)
Periodic inspections of the stormwater management system
construction shall be conducted by the staff of the City or a
professional engineer who has been approved by the City.
Stormwater management construction inspection shall utilize the
approved stormwater management plans and specifications in
reviewing compliance with the requirements of this chapter. The
City shall perform inspections that can be confirmed by visual
means' only.
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(c)
Upon completion, the permittee is responsible for certifying that
the completed project is in accordance with the approved plans and
specifications and shall provide regular inspections during
construction sufficient to adequately document compliance. All
permittee inspections shall be documented and written reports
prepared that contain the following information:
(1) The date and location of the permittee inspection;
(2) Whether construction is in compliance with the approved
stormwater management plan;
(3) Variations from the approved construction specifications;
(4) Corrective actions that have been taken to correct previous
violations;
(5) Any violations that exist; and
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(6) The name and signature of the person who performed the
inspection.
(d) If the City inspections find any violations,the permittee shall be
notified in writing of the nature of the violation and the required
corrective actions. No additional construction or land-disturbing
activity in the area of the violation shall proceed until any violations
are corrected and all work previously completed has received
approval by the Administrator.
(e) The person responsible for carrying out the plan is required to
provide inspection monitoring and reports to ensure compliance
with the approved plan and to determine whether the measures
required in the plan provide effective stormwater management.
(f) If the City determines that there is a failure to comply with the
plan, notice shall be served upon the permittee or person
responsible for carrying out the plan in accordance with Article VII
of this chapter.
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Section 11.4-21. Final Inspection and As-Built Documentation.
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(a) The administrator reserves the right to require permittees to
submit "as-built" plans and supporting documentation for any
stormwater management facility and any publicly maintained storm
drainage system located on-site after final construction is
completed. The plan and documentation must show that that the
installed stormwater management facility and applicable storm
drainage system components conform to the requirements
contained within the approved stormwater management plan.
(b) As-built and certification documentation shall comply with all
applicable requirements in the Manual.
(c) A final inspection by the City is required before the release of any
performance securities can occur. As-built plans, acceptable to the
City, shall be submitted prior to the City's final inspection.
Article VI. Maintenance and Repair of Stormwater Facilities.
(a) The person responsible for the maintenance and repair of
stormwater management facilities during construction shall be the
permittee. Following the completion and acceptance of
construction, a responsible party shall be designated for the
maintenance and repair of stormwater management facilities.
Persons responsible for the maintenance and repair of stormwater
management facilities shall perform periodic inspection,
maintenance, and repair, in conformance with the applicable
maintenance agreement. All inspection, maintenance, and repair
activities shall be documented.
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Section 11.4-22. Maintenance Inspections of Stormwater Facilities.
(b) All stormwater structures and management facilities shall be
properly maintained, repaired, and inspected as required to meet
the performance requirements as specified in the approved
stormwater facility maintenance agreement, including any
stormwater structure or stormwater management facility existing
as of the effective date of this chapter.
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(c)
In addition to the inspections performed by the permittee or land
owner, the City shall periodically inspect all stormwater
management facilities. In the event that the stormwater
management facility has not been maintained and/or becomes a
danger to public safety, public health, or the environment, the City
shall notify the land owner by registered or certified mail. The
notice shall specify the measures needed to comply with the plan
and shall specify the time within which such measures shall be
completed. If the responsible party fails or refuses to meet the
requirements of the maintenance covenant, the City, after
reasonable notice, may correct a violation of the design standards
or maintenance needs by performing all necessary work to place
the facility in proper working condition, and recover the, costs from
the land owner.
Section 11.4-23. Records of Maintenance and Repair.
Parties responsible for the operation and maintenance of a stormwater
management facility shall make records of the installation and of all
inspections, maintenance and repairs, and shall retain the records for at
least five (5) years. These records shall be made available to the City at
reasonable times upon request.
Article VII. Enforcement and Penalties.
Section 11.4-24. Violations.
Any land-disturbing activity that is commenced or is conducted contrary
to this chapter or the approved plans and permit, may be subject to the
enforcement actions outlined in this Article and the Virginia Stormwater
Management Act, Title 10.1, Section 10.1-603.2, et ~., of the Code of
Virginia (1950), as amended. The enforcement and penalties for violation
of this chapter shall apply to stormwater management required during
construction and land-disturbing activities and post-construction
operation and maintenance of stormwater structures and practices.
Section 11.4-25. Notice of Violation.
(a)
When the City determines that an activity is not being carried out in
accordance with the requirements of this chapter, it shall issue a
written notice of violation delivered by registered or certified mail
to the permittee, or if there is no permittee, to the land owner.
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(1 ) The name and address of the permittee, or, if there is no
permittee, the land owner;
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(b) The notice of violation shall contain:
(2) The address when available or a description of the building,
structure or land upon which the violation is occurring;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial measures necessary to bring
the land-disturbing activity into compliance with this chapter
and a time schedule for the completion of such remedial
action;
(5) A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation
is directed;
(6) A statement that the determination of violation may be
appealed by filing a written notice of appeal within thirty (30)
days of service of notice of violation.
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Section 11.4-26. Stop Work Orders.
(a) Persons receiving a notice of violation are required to immediately
halt all construction and land-disturbing activities not in
conformance with the approved stormwater management plan.
(b) This "stop work order" shall be in effect until the City confirms that
the land-disturbing activity is in compliance with the requirements
of this chapter and the violation has been satisfactorily addressed.
Upon failure to comply within the time specified, the permit may be
revoked and the applicant shall be deemed to be in violation of this
article and upon conviction shall be subject to the penalties
provided by this chapter.
Section 11.4-27. Civil and Criminal Penalties.
(a)
Any person who violates any provision of a this chapter shall be
guilty of a Class 1 misdemeanor and shall be subject to a fine of
not less than $2,500.00 and not exceeding $32,500.00, or up to
twelve months imprisonment for each violation or both.
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(b) Any person who knowingly makes a false statement in any form
required to be submitted under this chapter or knowingly renders
inaccurate any monitoring device or method required to be
maintained to ensure compliance with this chapter shall be guilty
of a felony and shall be subject to a fine of not less than $5,000.00
nor more than $50,000.00 and imprisonment for not less than one
year nor more than three years for each violation.
(c) Any defendant, not an individual, shall, upon conviction of a
violation under subparagraph (a) or (b), be subject to a fine of not
less than $10,000.00 per for each violation.
(d) Each day that a violation continues shall constitute a separate and
distinct violation.
(e) In addition, the City may elect to seek civil penalties:
(1) The City may apply to the circuit court to enjoin a violation or
a threatened violation of the provisions of this ordinance
without the necessity of showing that an adequate remedy at
law does not exist.
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(2) Without limiting the remedies which may be obtained in this
section, the City may bring a civil action against any person
for violation of this chapter or any condition of a permit. The
action may seek the imposition of a civil penalty of not more
than $10,000.00 against the person for each violation.
(3) With the consent of any person who has violated or failed,
neglected or refused to obey this ordinance or any condition
of a permit, the City may provide, in an order issued by the
City against such person, for the payment of civil charges for
violations in specific sums, not to exceed the limit specified
in subdivision 2 of this section. Such civil charges shall be
instead of any appropriate civil penalty which could be
imposed under subdivision 2.
(4) The City may also bring a civil action to recover costs
necessary to abate water quality and public safety concerns
from an applicant who violates this chapter or any condition
of a permit.
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Section 11.4-28. Restoration of Lands.
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(a) Any violator may be required to restore land to its undisturbed
condition or in accordance with a notice of violation, stop work
order, or permit requirements.
(b) In the event that restoration is not undertaken within a reasonable
time after notice, the City may take necessary corrective action, the
cost of which shall be covered by the performance bond, or
become a lien upon the property until paid, or both.
Section 11.4-29. Holds On Certificate of Occupancy.
Certificates of occupancy shall not be granted until corrections to all
stormwater practices have been made in accordance with the approved
plans, notice of violation, stop work order, or permit requirements, and
accepted by the City.
Article VIII. Definitions.
Section 11.4-30. Definitions.
The following words and terms, as used in this chapter, shall have the following 1
meanings unless the context requires a different meaning:
Adequate channel: a natural or manmade channel or pipe system that will
convey the designated frequency storm event, as further defined in the
Manual, without overtopping the channel bank or causing erosive damage
to the channel bed or banks.
Administrator: The Program Administrator of the City of Roanoke,
Virginia, or an authorized agent or designee thereof. The Administrator
shall be appointed by the Director and may render interpretations of the
provisions of this chapter and shall have the necessary authority to
administer and enforce this chapter, including ordering in writing the
remedying of any condition found in violation of this chapter. The
Administrator may report any noncompliance with this chapter to the City
Attorney, or the Commonwealth Attorney as appropriate, with the request
for appropriate action at law to ensure or obtain compliance with this
Chapter.
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Applicant any person submitting a stormwater management plan for
approval or requesting the issuance of a permit, when required,
authorizing land disturbing activities to commence.
Aquatic bench: a 10- to 1 5- foot wide bench around the perimeter of a
permanent pool that ranges in depth from zero to 12 inches, vegetated
with emergent plants, the purpose of which is to augment pollutant
removal, provide habitats, conceal trash and water level fluctuations, and
enhance safety.
Average land cover condition: an assumed value of 16%, as determined by
the Virginia Department of Conservation and Recreation, and adopted for
the purposes of this Chapter. Such measure is the average amount of
impervious surface within a watershed.
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Best management practice or BMP: schedules of activities, prohibitions of
practices, including both structural or nonstructural practices,
maintenance procedures, and other management practices to prevent or
reduce the pollution of surface waters and groundwater systems from the
impacts of land-disturbing activities. BMPs include, but are not limited
to, treatment requirements, operating procedures, and practices to
control site runoff, spillage or leaks, sludge or waste disposal, or
drainage from raw material storage.
Bioretention basin: a water quality BMP engineered to filter the water
quality volume through an engineered planting bed, consisting of a
vegetated surface layer (e.g., vegetation, mulch, ground cover), planting
soil, and sand bed, and into the in-situ material.
Bioretention filter: a bioretention basin with the addition of a sand filter
collection pipe system beneath the planting bed.
Channel: a natural or manmade waterway.
City: the City of Roanoke, Virginia.
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Clean Water Act or CWA: the Federal Clean Water Act (33 United States
Code 1251, et ~.), formerly referred to as the Federal Water Pollution
Control Act or Federal Water Pollution Control Act Amendments of 1972,
Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576,
Public Law 96-483, and Public Law 97-117, or any subsequent revisions
thereto.
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Constructed wetlands: areas intentionally designed and created to
emulate the water quality improvement function of wetlands for the
primary purpose of removing pollutants from stormwater.
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Construction activity: any clearing, grading, or excavation associated
with large construction activity or associated with small construction
activity.
Development: a tract of land developed or to be developed as a unit
under single ownership or unified control which is to be used for any
business or industrial purpose or is to contain two or more residential
dwelling units.
Director: the City's Director of Planning Building and Development.
Discharge: to dispose, deposit, spill, pour, inject, dump, pump, leak, or
place by any means, or that which is disposed, deposited, spilled, poured,
injected, dumped, pumped, leaked, or placed by any means.
Easement: a legal right granted by a land owner to a grantee allowing the 1
use of private land for a designated use. "
Fee-in-lieu: a payment of money in place of meeting all or part of the
storm water performance standards required by this chapter.
Flooding: a volume of water that is too great to be confined within the
banks or walls of a stream, water body, or conveyance system and that
overflows onto adjacent lands, causing or threatening damage.
Grassed swale: an earthen conveyance system which is broad and shallow
with erosion resistant grasses and check dams, engineered to remove
pollutants from stormwater runoff by filtration through grass and
infiltration into the soil.
Hotspot: an area where land use or activities generate highly
contaminated runoff, with concentrations of pollutants in excess of those
typically found in stormwater, including, but not limited to, the following:
(a) Vehicle salvage yards and recycling facilities'
(b) Vehicle fueling stations
(c) Vehicle service and maintenance facilities
(d) Vehicle and equipment cleaning facilities
(e) Fleet storage areas (bus, truck, etc.)
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(f)
(g)
(h)
(i)
U)
(k)
(I)
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Industrial sites subject to Virginia Pollutant Discharge Elimination
System Permit for Discharges of Storm Water Associated with
Industrial Activity
Marinas (service and maintenance)
Outdoor liquid container storage
Outdoor loading/unloading facilities
Public works storage areas
Facilities that generate or store hazardous materials
Commercial container nursery
Impervious cover: a surface composed of any material that significantly
impedes or prevents natural infiltration of water into soil. Impervious
surfaces include, but are not limited to, roofs, buildings, streets, parking
areas, and any concrete, asphalt, or compacted gravel surface.
Inspection: an on-site review of a project's compliance with the permit,
the City's storm water management program, and any applicable design
criteria, or an on-site review to obtain information or conduct surveys or
investigations necessary in the enforcement of this chapter.
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Intermittent stream: a stream channel or reach of a stream channel that
carries surface water runoff flow for only part of the year, typically during
winter and spring when the channel bottom is below the groundwater
table and which flow may be heavily supplemented by stormwater runoff.
jurisdictional wetland: means an area that is inundated or saturated by
surface water or groundwater at a frequency and duration sufficient to
support a prevalence of vegetation typically adapted for life in saturated
soil conditions, commonly known as hydrophytic vegetation.
Land disturbance or Land-disturbing activity: means a manmade change
to the land surface that potentially changes its runoff characteristics
including any clearing, grading, or excavation associated with a
construction activity regulated pursuant to the federal Clean Water Act.
Linear development project: means a land-disturbing activity that is linear
in nature such as, but not limited to, (i) the construction of electric and
telephone utility lines, and natural gas pipelines; (ii) construction of
tracks, rights-of-way, bridges, communication facilities and other related
. structures of a railroad company; and (iii) highway construction projects.
Roads constructed in association with residential, commercial, or
industrial site development are not considered linear development
projects.
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Maintenance agreement or Facility maintenance agreement: a legally
recorded document that acts as a property deed restriction, and which
provides for long-term maintenance of stormwater management
practices.
Manmade: constructed by man.
Manual: the City of Roanoke's Stormwater Management Design Manual
dated October 1, 2007, and as revised and updated from time to time by
the City Manager or City Council.
Minor subdivision: Division of a single parcel of land into two lots;
relocation of one or more boundary lines, where no additional lots are
created; or vacation of one or more boundary lines which results in the
creation of one or two lots.
Nonpoint source pollutant runoff load or Pollutant discharge: the average
amount of a particular pollutant measured in pounds per year, delivered
in a diffuse manner by stormwater runoff.
Off-site facility: a stormwater management measure located outside the
subject property boundary described in the permit application for land-
disturbing activity.
Operator: any person associated with a construction project that meets
either of the following two criteria: (i) the person has direct operational
control over construction plans and specifications, including the ability to
make modifications to those plans and specifications, or (ii) the person
has day-to-day operational control of those activities at a project that are
necessary to ensure compliance with a stormwater pollution prevention
plan for the site or other permit conditions (i.e., they are authorized to
direct workers at a site to carry out activities required by the storl11water
pollution prevention plan or comply with other permit conditions).
Owner or land owner: the owner or owners of the freehold of the
premises or lesser estate therein, a mortgagee or vendee in possession,
assignee of rents, receiver, executor, trustee, lessee or other person, firm
or corporation in control of a property.
Percent impervious: the impervious area within the site divided by the
area of the site multiplied by 100.
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Perennial stream: a stream channel or reach of a stream channel that
carries surface water runoff year round, and that has a channel bottom 1
that is located below the groundwater table for most of the year.
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Permit: an approval issued by the City of Roanoke for the initiation of a
land-disturbing activity.
Permittee: the person to which a permit is issued.
Person: any individual, corporation partnership, firm, association, joint
venture, public or private or municipal corporation, trust, estate,
commission, board, public or private institution, utility, cooperative,
county, city, town or other political subdivision of the Commonwealth,
any interstate or governmental body or any other legal entity, or any
agent or employee of any such person.
Planning area: a designated portion of the parcel on which the land-
disturbing activity .is located. Planning areas shall be established by
delineation on a master plan. Once established, planning areas shall be
applied consistently for all future projects.
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Post-development: refers to conditions that reasonably may be expected
or anticipated to exist after completion of the land-disturbing activity on
a specific site or tr~ct of land.
Pre-development: refers to the conditions that exist at the time that plans
for the land development of a tract of land are approved by the City.
Where phased development or plan approval occurs (preliminary grading,
roads and utilities, etc.), the existing conditions at the time prior to the
first item being approved or permitted, to a maximum of five (5) years
prior to plan approval, shall establish pre-development conditions.
Recharge: means the replenishment of underground water reserves.
Redevelopment: the process of developing land that is or has been
previously developed.
Regional (watershed-wide) stormwater management facility or Regional
facility: a facility or series of facilities designed to control stormwater
runoff from a specific watershed, although only portions of the watershed
may experience development.
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Regional (watershed-wide) stormwater management plan or Regional
plan: a document containing material describing how runoff from open
space, existing development and future planned de~elopment areas
within a' watershed will be controlled by coordinated design and
implementation of regional stormwater management facilities.
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Responsible Party: land owner or other individual(s) or organization(s)
(e.g., home owners association) responsible for maintaining stormwater 1
management facilities including but not limited to basins, other BMPs,
storm drains, culverts, ditches and swales in accordance with a
maintenance agreement.
Runoff or Stormwater runoff: that portion of precipitation that is
discharged across the land surface or through conveyances to one or
more waterways.
Sand filter: a contained bed of sand that acts to filter the first flush of
runoff. The runoff is then collected beneath the sand bed and conveyed
to an adequate discharge point or infiltrated into the in-situ soils.
Shallow marsh: a zone within a stormwater extended detention facility
that exists from the surface of the normal pool to a depth of six to 18
inches, and has a large surface area and, therefore requires a reliable
source of baseflow, groundwater supply, or a sizeable drainage area to
maintain the desired water surface elevations to support emergent
vegetation
Site: the land or water area where any facility or activity is physically
located or conducted, a parcel of land being developed, or a designated 1
planning area in which the land-disturbing activity is located.
Storm sewer system or Storm drainage system: all facilities, conveyances,
structures, and other items located within the City of Roanoke and owned
and/or operated by the City of Roanoke which are designed or used for
collecting, storing, or conveying stormwater, including, but not limited
to, roads, streets, catch basins, drop inlets, curbs, gutters, ditches, pipes,
lakes, ponds, man-made channels, storm drains, outfalls, retention,
detention, and infiltration basins, and other facilities.
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Storm water: precipitation that is discharged across the land surface or
through conveyances to one or more waterways and that may include
stormwater runoff, snow melt runoff, and surface runoff and drainage.
Stormwater detention basin or Detention basin: a stormwater
management facility that temporarily impounds runoff and discharges it
through a hydraulic outlet structure to a downstream conveyance system.
While a certain amount of outflow may also occur via infiltration through
the surrounding soil, such amounts are negligible when compared to the
outlet structure discharge rates and are, therefore, not considered in the
facility's design. Since a detention facility impounds runoff only 1
temporarily, it is normally dry during nonrainfall periods.
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Stormwater extended detention basin or Extended detention basin: a
stormwater management facility that temporarily impounds runoff and
discharges it through a hydraulic structure over a period of time to a
downstream conveyance system for the purpose of water quality
enhancement or stream channel erosion control. While a certain amount
of outflow may also occur via infiltration through the surrounding soil,
such amounts are negligible when compared to the outlet structure
discharge rates and, therefore, are not considered in the facility's design.
Since an extended detention basin impounds runoff on'ly, temporarily, it'
is normally dry during non-rainfall periods.
Stormwater extended detention basin-enhanced or Extended detention
basin-enhanced: an extended detention basin modified to increase
pollutant removal by providing a shallow marsh in the lower stage of the
basin.
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Stormwater facility maintenance agreement: a legally binding agreement
between the owner of a property and the City regarding long-term
maintenance of stormwater management facilities.
Stormwater management facility: a device that controls stormwater
runoff and changes the characteristics of that runoff including, but not
limited to, the quantity and quality, the period of release or the velocity
of flow.
Stormwater management plan: a document containing material for
describing how existing runoff characteristics will be maintained by a
land-disturbing activity and methods for complying with the requirements
of this chapter.
Storm wa ter retention basin or Retention basin: a stormwater
management facility that includes a permanent impoundment, or normal
pool of water, for the purpose of enhancing water quality and, therefore,
is normally wet, even during non rainfall periods. Storm runoff inflows
may be stored temporarily above this permanent impoundment for the
purpose of reducing flooding, or stream channel erosion.
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Stormwater retention basin I or Retention basin I: a retention basin with
the volume of the permanent pool equal to three times the water quality
volume.
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Stormwater retention basin II or Retention basin II: a retention basin with
the volume of the permanent pool equal to four times the water quality
volume.
Stormwater retention basin III or Retention basin III: a retention basin
with the volume of the permanent pool equal to four times the water
quality volume with the addition of an aquatic bench.
Subdivision: means the division of a lot, tract or parcel of land into two or
more lots, the vacation of an existing lot line to combine two or more
lots, or the relocation of an existing lot line. The transfer of ownership to
the Commp!1wealth of Virginia or a political subdivision thereof and the
division of 'lands by court order or decree shall not be deemed a
subdivision.
Vegetated filter strip: means a densely vegetated section of land 1
engineered to accept runoff as overland sheet flow from upstream
development, including a grassy meadow or small forest, which facilitates
pollutant removal through filtration, sediment deposition, infiltration or
absorption, and which, is dedicated for that purpose.
Virginia Pollutant Discharge Elimination System Permit or VPDES Permit:
means a document issued by the State Water Control Board pursuant to
the State Water Control Law authorizing, under prescribed conditions, the
potential or actual discharge of pollutants from a point source to surface
waters and the use or disposal of sewage sludge.
Water quality volume or WQV: the volume equal to the first ~ inch of
runoff multiplied by the impervious surface of the land-disturbing
activity.
Watershed: a defined land area drained by a river, stream, drainage ways
or system of connecting rivers, streams, or drainage ways such that all
surface water within the area flows through a single outlet.
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Wetlands: those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence, of vegetation
typically adapted for life in saturated soil conditions, including generally
swamps, marshes, bogs, and similar areas.
3. This ordinance shall take effect January 1, 2008.
4. Pursuant to Section 12, Roanoke City Charter, the second reading
by title of this ordinance is hereby dispensed with.
APPROVED
ATTEST:
~~f't'\. ~
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of October, 2007.
No. 37921-100107.
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, 2007, and September 30,2008.
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, 2007, and September 30, 2008, 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.
650
2. Any City vacation or paid leave used by such employees during 1
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
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ATTEST:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of October, 2007.
No. 37922~100107.
A RESOLUTION authorizing the City Manager to enter into an Agreement
pertaining to the restoration of the Virginia Railway Passenger Station with the
Roanoke Chapter of the National Railway Historical Society, Inc., upon certain
terms and conditions.
WHEREAS, by Resolution No. 36411-061603, the Commonwealth
Transportation Board established an enhancement project to develop
construction plans for restoration of the Virginia Railway Passenger Station and
the adjacent property;
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WHEREAS, the Roanoke Redevelopment and Housing Authority requested
Transportation Enhancement funds in the amount of $990,530.00 to develop
construction plans for restoration of the Virginia Railway Passenger Station,
located at 1406 Williamson Road, S. W., and the adjacent property, in the City of
Roanoke;
WHEREAS, at the initiation of this project, the Roanoke Redevelopment
and Housing Authority had agreed to sponsor such project;
WHEREAS, by Resolution No. 36411-061603, City Council endorsed this
project;
WHEREAS, the Roanoke Redevelopment and Housing Authority' is no
longer in a position to sponsor the project; and
WHEREAS, the Roanoke Chapter of the National Railway Historical Society,
Inc., has requested the City of Roanoke to serve as the new project sponsor.
BE IT RESOLVED by the Council of the City of Roanoke that:
1) Pursuant to the Transportation Equity Act for the 21 st Century, the
City hereby agrees to pay a minimum of twenty percent (20%) of the total
amount of costs associated with this project, if the Roanoke Chapter of the
National Railway Historical Society, Inc., does not provide such funding. Twenty
(20%) percent of the total constitutes the local match required for these
projects.
2) The City Manager and the City Clerk are hereby authorized, for and
on behalf of the City, to execute and attest, respectively, an Agreement with the
new project applicant, Roanoke Chapter of the National Railway Historical
Society, Inc., approved as to form by the City Attorney, as is more particularly
set forth in the City Manager's letter dated October 1, 2007, to City Council.
APPROVED
ATTEST:
~fn.~
Stephanie M. Moon, CMC
City Clerk
652
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
1
The 1 st day of October, 2007.
No. 37923-100107.
A RESOLUTION authorizing the City Manager to submit an application to
the Environmental Protection Agency for a Brownfield hazardous substance
cleanup grant in the amount of $200,000.00 to provide money for cleanup
activities on environmentally challenged sites within the City of Roanoke; 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 Manager is hereby authorized to submit an application to
the Environmental Protection Agency for a Brownfield hazardous substance
cleanup grant in the amount of $200,000.00 to provide money for cleanup
activities on environmentally challenged sites within the City of Roanoke, which
will require the City to provide matching funds of $40,000.00, all as more
particularly set forth in the letter dated October 1, 2007, from the City Manager 1
to this Council.
2. The City Manager is hereby authorized to execute any forms
necessary to submit an application, such forms to be approved as to form by
the City Attorney, and to furnish such additional information as may be
required in connection with the City's submission of this application.
APPROVED
ATTEST:
~~.~~
Stephanie M. Moon, CMC
City Clerk
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653
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of October, 2007.
No. 37924-100107.
AN ORDINANCE amending and reordaining Sections 16-151, 16-153, and
16-173, Division 1, Generallv, and Division 2, Fair Housinq Board, of Article III,
Fair Housinq, of Chapter 16, Human Riqhts, of the Code of the City of Roanoke
(1979), as amended to revise the responsibilitie$ of the Fair Housing Board;
repealing Sections 16-175, 16-176, 16-177, 16-178, 16-179, 16-180, 16-181,
16-182, and 16-183 of Chapter 16; 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. Sections 16-151. 16-153, and 16-173, of Division 1, Generallv, and
Division 2, Fair Housinq Board, of Article III, Fair Housing, of Chapter 16,
Human Riqhts, of the Code of the City of Roanoke (1979), as amended, are
hereby amended and reordained to read and provide as follows:
916-151. Civil action bv persons affected bv discriminatory
practices.
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Any person adversely affected by use of a discriminatory practice
prohibited under this article may either:
(1) Institute an action for injunctive relief and damages against
the person responsible for such discriminatory practice in a
court of competent jurisdiction in the city. If the court finds
that the defendant was responsible for such a practice and
that the complainant was adversely affected thereby, it shall
enjoin the defendant from uSe of such practice and, in its
discretion, award the complainant all damages available
under applicable law; or
)
(2) File a complaint with the secretary to the rair Ilousing
lJoard, as provided in section 16 176 of this
articleappropriate Federal or State agencies, such as the
Virginia Fair Housing Office.
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916-153. Employment of personnel to enforce article.
The city councilor city manager may authorize employment of such
personnel, in addition to the secretary provided for in division 2, as
are deemed warranted to secure eff-ecti"ve enforcement to
implement the provisions of this article.
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916-173. General DO'v'Vers 'vvith reSDect to investiQations. hearinQs.
etc.; Rresponsibilities of the board.
, ' ,
In making the in\/estigations, pursuing conciliation and persuasion
and conducting hearings, pursuant to this di'vision, the board shall
have authority to hear testimony under oath, to make findings of
fact and issue decisions and \/v'arnings in accordance with the
provisions of this article, and to make and adopt and publish such
rules of procedure as may be necessary or proper for carrying out
its functions under the provisions of this article. The board ,shall
ats-o have the following additional responsibilities:
(a) The board shall provide information to the public concerning
Federal, State and City fair housing laws.
(b) The board shall advise City Council and the secretary to the
board about the nature, causes, and possible solutions to fair
housing issues.
(c) The board shall make tenants and landlords aliv'are of the
resources of the board, and the authority of its secretary to
conciliate fair housing complaints.
2. Sections 16-175,16-176,16-177,16-178,16-179,16-180,16-181,
16-182, and 16-183 of Chapter 16, Human Rights, of the Code of the City of
Roanoke (1979), as amended are hereby repealed.
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3. Pursuant to Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
APPROVED
David B. Trinkle
Vice-Mayor
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T:~T!J ~
~n,.mo~
Stephanie M. Moon, CMC '=-
City Clerk