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Home My WebLink About37925-101807- 37989-121707 I I I 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2007. No. 37925 -101807. A RESOLUTION memorializing the late Jack B. Coulter, longtime resident of Roanoke and retired Chief Judge of the 23rd Judicial Circuit. WHEREAS, the Members of Council learned with sorrow of the passing of Judge Coulter on Thursday, September 13, 2007; WHEREAS, Judge Coulter grew up in Roanoke and was a 1941 graduate of Jefferson High School; WHEREAS, upon the outbreak of World War II, Judge Coulter left Washington and Lee University to enroll in the United States Naval Academy, from which he grad!Jated in 1946; WHEREAS, during World War II, Judge Coulter served as an ensign in the South Pacific aboard the heavy cruisers USS, Vicksburg and Manchester, and after the war, aboard the battleship USS Pennsylvania; WHEREAS, after the war, Judge Coulter returned to Washington and Lee to attend law school, where he graduated cum laude, and subsequently joined the firm Dodson and Pence, where he practiced for 26 years; WHEREAS, Judge Coulter was appointed in 1975 to the Circuit Court for the area encompassing Roanoke, Salem, and Roanoke County, where he presided over thousands of cases and served with great distinction until his retirement in 1989, upon which occasion City Council presented him with the , Key to the City; WHEREAS, Judge Coulter, as an advocate of lifelong learning, earned his Masters of Judicial Process from the University of Virginia and continued to practice law after retiring from the bench; 2 WHEREAS, Judge Coulter was an active community leader throughout his life, including service as a member of the City of Roanoke School Board, President of the Roanoke Jaycees, and Chairman of the Roanoke Valley War Memorial Committee, which was instrumental in developing the War Memorial in Lee Plaza; I WHEREAS, Judge Coulter was a member of Second Presbyterian Church, and was named Father of the Year in 1969; and WHEREAS, Judge Coulter is remembered by family and friends for his integrity, his scholarship, his honor, his exemplary judicial career, his devotion to family, and his dedication to civic causes. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Judge Jack B. Coulter and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Judge Coulter's widow, Jeanne Hodges Coulter, of Roanoke, Virginia. APPROVED I ATTEST: ~rn.~ Stephanie M. Moon, CMC City Clerk c IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2007. No. 37926-101807. A RESOLUTION approving a financing by the Industrial Development Authority of the Town of Clifton Forge, Virginia for the benefit of Blue Ridge I Behavioral Healthcare, Inc. to the extent required by Section 147(f) of the Internal Revenue Code of 1986, as amended. I I I 3 WHEREAS, the Industrial Development Authority of the Town of Clifton Forge, Virginia (the "Authority") has considered the application of Blue Ridge Behavioral Healthcare, Inc. (the "Borrower") requesting the issuance of one or more of the Authority's revenue bonds or notes in an amount not to exceed $6,000,000.00 (the "Bonds") to assist in the financing of (1) the renovation and equipping of an existing residence and (2) the construction and eq~ipping of a one-story building, containing approximately 17,000 square feet and 30 beds (together with such residence, the "Project"), to be used (a) to provide regional crisis stabilization services and (b) for offices and other administrative purposes, located at 3003 Hollins Road, N. E., in the City of Roanoke, Virginia (the "City"), and on land contiguous thereto, and which Project will be owned by the Borrower and leased to and operated by Blue Ridge Behavioral Healthcare, 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 l:>Y the Authority for the benefit of the Borrower, as required by said Section 1 47(f), to permit the Authority to assist in the financing of the Project. The Council concurs with the resolution adopted by the Authority on October 4, 2007 with respect to the Bonds and the Project. 2. The approval of the is_s~ance of the Bonds, as required by said Section 1 47(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 Coml11onwealth of Virginia (the "Commonwealth") nor any political subdivision thereof, including the City, the Town of Clifton Forge (the "Town") 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 therefor and that neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the City, the Town and the Authority, shall be pledged thereto. 4 3. This Resolution shall take effect immediately upon its adoption. APPROVED ATTEST: ~Tnt~ Stephanie M. Moon, CMC City Clerk C~, C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2007. No. 37927-101807. A RESOLUTION authorizing the acceptance of the Gang Resistance Education and Training (GREAT) grant from the U.S. Department of Justice, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the U.S. Department of Justice the Gang Resistance Education and Traihlng (GREAT) grant in the amount of $31,900.00, with a local match of $3,988.00. Such grant being more particularly described in the letter of the City Manager to Council, dated October 18, 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 Gang Resistance Education and Training (GREAT) grant, approved as to form by the City Attorney, required in connection with the acceptance of such grant and to furnish such additional information as may be required by the U.S. Department of Justice. APPROVED ATTEST: ~h\.~ Stephanie M. Moon, CMC City Clerk t.lMVv~~ c. Nelson Harris Mayor I I I I I I 5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2007. No. 37928-101807. , AN ORDINANCE to appropriate funding from the federal government for the Gang Resistance Education and Training (G.R.E.A.T) 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 Overtime . FICA Fees for Professional Services Supplies Travel Reven ues GREAT Program FY08 35-640-3582-1003 35-640-3582-1120 35-640-3582-2010 35-640-3582-2136 35-640-3582-2144 35-640-3582-3582 $ 1,800.00 138.00 17,600.00 8,012.00 4,350.00 31,900.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~}n.~ Stephanie M. Moon, CMC City Clerk ~. C. Nelson Harris Mayor 6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 18th day of October, 2007. No. 37929-101807. A RESOLUTION authorizing the acceptance of the Edward Byrne Memorial Justice Assistance Grant UAG) from the U.s. Department of Justice, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the U.s. Department of Justice the Edward Byrne Memorial Justice Assistance Grant UAG) in the amount of $135,641.00, no local matching funds are required. Such grant being more particularly described in the letter of the City Manager to Council, dated October 18, 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 Edward I Byrne Memorial Justice Assistance GrantUAG), approved as to form by the City Attorney, required in connection with the acceptance of such grant and to furnish such additional information as may be required by the U.S. Department of Justice., APPROVED ATTEST: ~",~'Mt~ ~ Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor I I I I 7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2007. No. 37930-101807. AN ORDINANCE to appropriate funding from the federal Edward Byrne Memorial Justice Assistance Grant for continuation of a bicycle patrol 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 Overtime FICA Expendable Equipment (<$5,000) Publications and Subscriptions Revenu~s Byrne JAG Bike Patrol FY08 35-640-3621-1003 $ 35-640-3621-1120 35-640-3621-2035 35-640-3621-2040 35-640-3621-3621 108,660.00 8,312.00 10,000.00 8,669.00 135,641.00 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, CMC City Clerk C.J4ofd Mayor 8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2007. I No. 37931-101807. A RESOLUTION authorizing the acceptance of an EPA Brownfield Revolving Loan Fund Grant from the Environmental Protection Agency which funds will be used to provide seed money to start cleanup activities on contaminated sites within the City of Roanoke; 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 program, all of such documents or agreements to be approved as to form by the City Attorney. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the EPA Brownfield Revolving Loan Fund Grant from the Environmental Protection Agency, in the amount of $1,000,000.00, to provide seed money to start cleanup activities on contaminated sites within the City of Roanoke. The grant, which requires a $200,000.00, match by the City, is more particularly described in a letter dated October 18, 2007, from the City Manager to Council. I 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 cleanup program. 4. The City Manager is further authorized to execute subgrant agreements, approved as to form by the City Attorney, with the Economic Development Authority, other non-profit organizations, and any other entities as may be needed to develop and implement the program. APPROVED ~M.~ Stephanie M. Moon, CMC City Clerk t.vAv~ C. Nelson Harris Mayor I I I I 9 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th 'day of October, 2007. No. 37932-101807. AN ORDINANCE to appropriate funding from the federal governmenf and the City's Economic and Community Development Reserve for the Environmental Protection Agency Brownfield Revolv,ing Loan Fund Program Grant, 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 Transfer to Grant Fund Fund Balance Economic and Community Development Reserve - Unappropriated Grant Fund Appropriations Administrative Supplies Training Brownfield'Loans Brownfield Subgrants Brownfield Underwriting Reven ues Brownfield Revolving Loan 'Fund - FY08 Brownfield Revolving Loan Fund - Local FY08 08-530-9712-9535 08-3365 35-615-8106-2030 35-615-8106-2044 35-61 5-8106-8260 35-61 5-8106-8261 35-615-8106-8262 35-615-8106-8106 35-615-8106-8105 $ 200,000.00 (200,000.00) 3,250.00 2,500.00 896,500.00 292,750.00 5,000.00 1,000,000.00 200,000.00 10 Pursuant to the provisions of Section 12 of the City Charter, the second I reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~'m..~ c.~~s Mayor Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2007. No. 37933-101807. A RESOLUTION renaming a portion of First Street, N. W., between Centre Avenue, N. W., and Wells Avenue, N. W., to Henry Street, N. W. WHEREAS, pursuant to Section 30-34 of the Code of the City of Roanoke (1979), as amended, the City Manager is authorized to review and recommend to City Council the naming and renaming of existing streets, both public and private; WHEREAS, First Street, N. W. (formerly Henry Street, N. W.), is a historic street and is experiencing a revival due to major renovation projects, the creation of a culinary school as well as the memorial tribute to Dr. Martin Luther King, Jr.; WHEREAS, petitions from more than two hundred residents of the City, along with representatives of the Roanoke Redevelopment Housing Authority, the Higher Education Center, Total Action Against Poverty, , and the tenants of the Dumas Center, support renaming a portion of First Street, N. W., between Centre Avenue, N. W., and Wells Avenue, N. W., to Henry Street, N. W.; anq WHEREAS, the legal requirements of Section 30-34 of the Code of the City of Roanoke (1979), as amended, have been satisfied. I I I I I 1 1 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That portion of Henry Street, N. W., between Centre Avenue, N. W., and Wells Avenue, N. W., is hereby d~signated and renamed Henry Street, N. W. 2. The City Engineer is hereby directed to cause Henry Street, N. W., to be appropriately noted on all maps and plats lodged in his care and to cause the placement of appropriate street name signs on such street. 3. The City Clerk is hereby directed to transmit attested copies of this resolution to the Postmaster and relevant departments so that they will be apprised of the aforesaid street name change. APPROVED ATTEST: ~..... ~ M.~ Stephanie M. Moon, CMC City Clerk ~, ~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2007. No. 37934-101807. A RESOLUTION approving an amendment to the 2006-2007 Annual Update ("Annual Update") to the 2005 - 2010 Consolidated Plan and authorizing the City Manager, or the City Manager's designee, to submit the approved amended 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 amendment to the Annual Update. WHEREAS, in order to receive Community Development Block Grant, HOME Investment Partnerships, and Emergency Shelter Grant funding, HUD requires that entitlement locaHties such as the City of Roanoke submit a 5-year Consolidated Plan and Annual Updates; 1 2 'WHEREAS, opportunities for community input regarding the Annual I Update were provided at public meetings held November 3, 2005, and March 30, 2006, and at a City Council public hearing on April 27, 2006, by a 30-day public review and comment period beginning April 4, and ending May 3, 2006, by dissemination of information to all library branches, the Law Library, the Roanoke Redevelopment and Housing Authority main offices, the City Clerk's office and the Department of Management and Budget for public inspection, by letters to a mailing list of over 400 interested individuals and organizations, including the Roanoke Neighborhood Advocates, and by publishing information in The Roanoke Times and The Roanoke Tribune and on the City's website; and WHEREAS, the amendment to the Annual Update for the Mt. View Recreation Center Improvement project must be approved by this Council to ensure timely receipt of the additional $100,000.00 funds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the amendment to 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 amended Annual Update to HUD for final review and approval, and to execute all necessary documents pertaining to such amendment to the Annual Update in funds for the Mt. View Recreation Center Improvement projection, such documents to be approved as to form by the City Attorney, as more particularly set forth in the City Manager's letter dated October 18, 2007, to this Council. I APPROVED ATTEST: ~rv....~ ~ML c. Nelson Harris Mayor Stephanie M. Moon, CMC City Clerk I I I I 1 3 IN THE COUNCIL OF THE CITY OF ROANOKE; VIRGINIA, The 18th day of October, 2007. No. 37935-101807. AN ORDINANCE amending Article III, Fire Alarm Systems, of Chapter 12, Fire Prevention and Protection, Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending Article III, Fire Alarm Systems, of Chapter 12, Fire Prevention and Protection, to read and provide as follows: ARTICLE III. FIRE ALARM SYSTEMS Sec. 12-21. Purpose and application. This article provides for the - regulation of the use and operation of fire alarm systems operated by alarm company operators in order to enhance public safety and reduce the unnecessary expenditure of public resources in response to false alarms. This article shall not apply to fire alarm systems maintained by governmental agencies or departments. Sec. 12-22. Definitions. For the purposes of this article, the following words and phrases shall have the following meanings: Alarm company operator. Any business which engages in the installation, maintenance, alteration, servicing, repairing, replacing or monitoring of a fire alarm system, or which causes any of these activities to t~ke place in the City of Roanoke. Alarm system user. Any person on whose commercial premises a fire alarm system is maintained within the city. The tenant/occupant of a protected premise shall be considered the alarm system user unless otherwise indicated on the alarm system user permit. If a protected premise is not occupied, then the owner of the protected property shall be deemed the alarm system user. 14 Commercial premise. A commercial premise shall include any industrial or I commercially zoned premise or any premise that houses a commercial operation. A commercial premise shall also include any premise that is required to have a fire alarm system pursuant to the Virginia Fire Code, or is a residential premise that contains more than four (4) residential units. False alarm. Any communication generated by or as a result of a fire alarm system operated by alarm company operators that results in a response and investigation by the city's fire/EMS department which reveals no evidence or indication of fire, risk of fire or other actual hazard. False alarms shall not include signals found to be activated by unusually severe weather conditions or other causes that are identified by the city manager to be beyond the control of the user. An alarm dispatch request that is canceled by an alarm company operator or other person acting on behalf of the owner of a fire alarm system before the responding firefighters are actually dispatched shall not be considered a false alarm dispatch. Fire alarm system. An assembly of equipment and devices installed in or for commercial premises and arranged to signal a fire, risk of fire or hazard at the protected premises requiring urgent attention to which firefighters are expected to respond. Such alarm system may be installed, ''l'laintained, altered or serviced by an alarm company operator in commercial premises. In this article, the term "fire alarm system" shall refer to all systems which are designed to attract the attention and response of the city fire department, including alarm bells, sirens, horns and strobe lights which are audible or visible beyond the lot lines of the protected property premises. I Hazard. An event requiring urgent attention and to which a firefighter is expected to respond. Permit holder. The owner or tenant of protected premises who has obtained an alarm system user permit. Person. An individual, firm, partnership, association, corporation, company or organization of any kind. Protected premises. The premises upon which a fire alarm system operated by alarn'l company operators has been installed for the purpose of detecting a hazgrd. I I I I 1 5 See. 12-23. Alarm and suppression system compliance with codes. (a) Fire alarm systems shall be installed and maintained in accordance with the Uniform Statewide Building Code and National Fire Prevention Association 725-. (b) Fire suppression systems shall be installed in accordance with, the Uniform Statewide Building Code and National Fire Prevention Association 13 and/or 13R. Systems shall be maintained in accordance with National Fire Prevention Association 25. See. 12-24. Alarm system user registration and permits. (a) Every alarm system user shall, between the dates of November 1 and January 1 of each vear'v,iithin sixty (60) days after the effective date of this article, obtain an alarm system user permit from the city for the operation of such alarm system. If the fire alarm system is to be installed or maintained by an alarm company operator, the alarm company operator may obtain the required permit for the alarm system user. The person applying for the permit required in this section shall state on a permit application form provided by the city the following: name, address of the commercial premises in or for which the fire alarm system will be installed, telephone number of the alarm system user, the type of fire alarm system (local or monitored), name of the alarm company operator selling or leasing the new or existing fire alarm system equipment or services and the names, addresses and telephone numbers of at least two (2) other persons who can be reached at any time, day or night, and who are authorized to respond to an alarm signal and who can open and represent the premises in which the system is installed for reporting and investigative purposes. It shall be the responsibility of the alarm system user to make sure that such persons respond within twenty (20) minutes of notification by the city. It shall be the responsibility of the alarm system user to notify the city in writing of any subsequent changes in the information provided on the permit application. Upon approval by the city manager of the permit application, the permit shall be issu~d to the alarm system user. (b) Annual Rregistration applications shall be accompanied by a nonrefundable fee of twenty-five dollars ($25.00) to cover the Costs of processing the application for each of the first three (3) locations. 'The registration fee for four (4) or more locations shall be one hundred dollars ($1 OO.OOLThe registration must be rene"ved annually thereafter at an annual f-ee of twenty dollars ($20.00).' Alarm system users who have registered pursuant to section 23-38, Code of the City of Roanoke (1979), as amended, with regard to security alarm systems are not required to obtain a fire alarn, system permit or pay an additional registration fee under this article, but they are required to list information as to both systems on the registration application. 16 (c) Any alarm system user who operates or allows a fire alarm system to be operated without first obtaining a permit as required by this section, or who, I after having a permit revoked, operates or allows the system to be operated, shall be in violation of this article, and subject to fine, as provided by section 12-28 3-t. The alarm system user to whom the fire alarm systelTl user permit should have been or was issued, in the case of revocation, shall be the person held in violation. (d) This permit requirement is intended to assist the fire department and the city manager in the administration of the provisions of this article and shall not be deemed to create any special duty with respect to the protected premises beyond that owed to the general public. (e) Permits issued under this article shall be non-transferable. See. 12~25. Duties of alarm system users. (a) Alarm system users shall instruct employees, tenants or others who may have occasion to activate an alarm that fire alarm systems are to be activated only in emergency situations to summon an immediate fire department response and shall instruct as to the operation of the fire alarm system, including setting, activation, deactivation and resetting of the alarm. All instructions pertaining to fire alarm systems and procedures shall be in written form, suitable for distribution and shall be available for inspection by representatives of the fire department. The alarm system user shall be responsible for maintaining the fire alarm system in proper working order. I (b) An alarm system user or person authorized and capable of deactivating the alarm, who allows an alarm to continue to emit an audible signal for twenty (20) thirty (JO) minutes after notification of the alarm commencing to emit such signal shall be guilty of a class 3 cFmisdemeanor. See. 12-26. Alarm company operator registration. (a) Every alarm company operator shall, within thirty (30) days after the effective date of this article, register with the city on forms provided by the city. The application for registration shall include name of the alarm company operator, names of owners and officers and the services offered by the alarm company operator. It shall be the responsibility of the alarm company operator to notify the city in writing of any subsequent changes in the information provided on the application for registration. I I I I 1 7 (b) Registration applications shall be accompanied by a nonrefundable fee of twenty-five dollars ($25.00) to cover the costs of processing the application and investigating the applicant. The registration must be renewed annually thereafter at an annual fee of twenty five dollars ($258.00). Alarm company operators who have registered pursuant to Section 23-40, Code of the City of Roanoke (1979), as amended, with regard to security alarm systems are not required to register with regard to fire alarm systems or pay an additional registration fee, but they are required to list information as to both systems on the registration application. See. 12-27. Duties of alarm company operators. (a) No fire alarm system shall be installed, monitored, altered, serviced or repaired to a level of operation by an alarm company operator unless the alarm system user has complied with the registration and permit provisions of section 12-24. (b) Every alarm company operator that installs, monitors, alters, services or repairs a fire alarm system after the effective date of this article shall certify on the permit required in section 12-24 that the alarm system user has been instructed in the proper use and operation of the fire alarm system. See. 12-28. Service charges for false alarms. (a) A service charge of one hundred dollars ($100.00) for each occurrence shall be assessed against the alarm system user of a protected premises that is not registered, as required by this article, '\I'';/ho acti\fates, utilizes, operates or l'I,aintains a fire alan,., system operated by alarrn company operators within the city for the first, second, third, fourth, fifth and sixth false alarms, and one hundred fifty dollars ($1 50.00) for the se'v'enth and all subsequent false alarms in each calendar year originating from the protected premises. A service charge , of one hundred twenty- five dollars ($125.00) shall be charged for each false fire or security alarm occurrence for an unregistered alarm system user. /n addition to the service charge, an unregistered a/arm system user will be charged a registration fee. (b) No service charge shall apply to the first five (5), second or third false fire and/or security alarm~ in each 'calendar year for each registered location provided the alarm system user is a reqistered permit holder. A service charge of one hundredtwenty five dollars ($100r5-.00) for each false fire or security alarm occurrence over five (5) false fire and/or security alarms shall be assessed against the alarm system user permit holder who activates, utilizes, operates or maintains a fire alarm system operated by alarm company operators within the city.:. for the fourth false alarm, fifty dollars ($ 50.00) for the fifth false alarm, one hundred dollars ($100.00) for the :sixth false alarm, and one hundred fifty dollars ($1 50.00) for the seventh and all subsequent false alarms in each calendar year originating from the protected premises. 18 , (c) Any The service charge or fee billed under this article shall be due thirty (30) days from the date of mailing of the bill invoice by the city manager and I shall be payable to the city treasurer. See. 12-29. Failure to pay service charges; revocation of permit. All service charges assessed against the permit holder, or alarm system user of the protected premises if not registered, who activates, utilizes, operates or maintains a fire alarm system shall be due and owing to the city treasurer. In the event legal action is necessary to collect the service charges, the owner or tenant shall be required to pay for any and all attorneys' fees and other costs expended by the city to collect such funds. The failure of a permit holder to pay any service charge assessed under this article when due shall constitute grounds for the revocation of a' fire alarm permit by the city manager. The continued operation of a fire alarm system by the person who activates, utilizes and/or maintains a fire alarm system after notification that the permit has been revoked shall constitute a class 14 misdemeanor. A fire alarm permit that has been revoked pursuant to this section may be reinstated by the city manager upon payment of all outstanding service charges, a reinstatement fee of fifty ($50.00) dollars, and compliance with all other requirements of this article. Sec. 12-30. Appeals. Upon application an appeal made in writing to the city manager within thirty I (30) days of the date of receiving the city's invoiceby any person against whom a service charge has been assessed under this article mav appeal such charge to be reviewed by-; the city manager. The appeal shall include a brief statement setting forth why the person against whom the charge has been assessed believes that the service charge is not valid. The citv manaQer may waive all or a portion of the service charge for good cause shown in the appeal. Sec. 12-31. Penalties. Except as otherwise provided, any person who violates any section of this article shall be guilty of a class 3 misdemeanor. 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, CMC City Clerk e.~ c. Nelson Harris Mayor I I I I 19 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2007. No. 37936-101807. AN ORDINANCE amending Article III, Security Alarms, of Chapter 23, Police, Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending Article III, Security Alarms. of Chapter 23, Police, to read and provide as follows: ARTICLE III. SECURITY ALARMS Sec. 23-35. Purpose and application. This article provides for the regulation of the use and operation of security alarm systems operated by alarm company operators in order to enhance public safety and reduce the unnecessary expenditure of public resources in response to false alarms. This article shall not apply to security alarm systems maintained by governmental agencies or departments. Sec. 23-36. Definitions. For the purposes of this article, the following words and phrases shall have the following meanings: Alarm company operator. Any business which engages in the irlstallation, maintenance, alteration, servicing, repairing, replacing or monitoring of a security alarm system, or which causes any of these activities to take place in the City of Roanoke. Commercial alarm system user. Any person on whose commercial premises a security alarm system is maintained within the city except for security alarm systems on motor vehicles. If, however, an alarm system on a motor vehicle is connected with an alarm system at a commercial premises, the person using such system shall be considered +s- an alarm system user. The tenant or occup(;mt of a protected premise shall be considered the commercial alarm system user unless otherwise indicated on the alarm permit application. If a protected premise is not occupied, then the owner of the proteCted property shall be deemed the commercial alarm system user. 20 Commercial premise. A commercial premise shall include any industrial or commercially zoned premise or any premise that houses a commercial operation. A commercial premise shall also include any premise that is required to have a fire alarm system pursuant to the Virginia Fire Code, or is a residential premise that contains more than four (4) residential units. False alarm. Any communication generated by or as a result of a security alarm system operated by alarm cOl'npany operators that results in a response and investigation by a police officer or agent of the police department which reveals no evidence or indication of criminal activity or other actual hazard. "False alarms" shall not include signals found to be activated by unusually severe weather conditions or other causes that are identified by the city manager to be beyond the control of the user. An alarm dispatch request that is canceled by an alarm company operator or other person acting on behalf of the owner of a security alarm system before the responding police officer is actually dispatched shall not be considered a false alarm dispatch. Hazard. An event requiring urgent attention and to which a police officer is expected to respond. . Permit holder. The owner or tenant of protected premises who has obtained an alarm system user permit. I Person. An individual, firm, partnership, association, corporation, company or I organization of any kind. Protected premises. The premises upon which a security alarm system operated by alann company operators has been installed for the purpose of detecting a hazard. Residential alarm system user. Any person on whose residential premises a security alarm system is maintained within the city except for security alarm systems on motor vehicles. If, however, an alarm system on a motor vehicle is connected with an alarm system at a residential premises, the person using such system ~ shall be deemed an alarm system user. Security alarm system. An assembly of equipment and devices installed in or for commercial or residential premises and arranged to signal unauthorized intrusion, attempted burglary, robbery, other criminal activity or hazard at the protected premises requiring urgent attention to which police are expected to respond. Such alarm system may. be il,stalled, maintained, altered or sen.iiced by an alarn, company operator in commercial or residential premises. In this article, the term "security alarm system" shall refer to all systems which are designed to attract the attention and response of the city police department, including alarm bells, sirens, horns and strobe lights which are audible or visible beyond the lot lines of the protected property premises. I I I I 21 See. 23-37. Intentional false alarms. Any person who without just cause and with intent to interfere with the operations of any police officer calls or summons any police official by engaging or activating a security alarm system shall be guilty of a class one misdemeanor. See. 23-38. Commercial alarm system user registration and permits. (a) Every commercial alarm system user shall, between the dates of November 7 and January 7 of each year within sixty (60) days after the effective date of this article, obtain an alarm system user permit from the city for the operation of such security alarm system. If the security alarm system is to be installed or maintained by an alarm company operator, the alarm company operator may obtain the required permit for the commercial alarm system user. The person applying for the permit required in this section shall state on a permit application form provided by the city the following: name, address of the commercial premises in or for which the security alarm system will be installed, telephone number of the commercial alarm system user, the type of security alarm system (local or monitored), name of the alarm company operator selling or leasing the new or existing security alarm system equipment or services and the names, addresses and telephone numbers of at least two (2) other persons who can be reached at any time, day or night, and who are authorized to respond to an alarm signal and who can open and represent the premises in which the system is installed for reporting and investigative purposes. It shall be the responsibility of the commercial alarm system user to make sure that such persons respond within (20) minutes of notification by the city. It shall be the responsibility of the commercial alarm system user to notify the city in writing of any subsequent changes in the information provided on the permit application. Upon approval by the city manager of the permit application, the permit shall be issued to the commercial alarm system user. (b) Annual -Rregistration applications shall be accompanied by a nonrefundable fee of twenty-five dollars ($25.00) to cover the costs of processing the application for each of the first three (3) locations. The registration fee for four (4) or more locations shall be one hundred dollars ($ 7 00.00). The registration n"'lUst be rene'v'ved annually thereafter at an annual fee of twenty dollars ($20.00). Commercial alarm system users who have registered pursuant to section 12-24, Code of the City of Roanoke (1979), as amended, with regard to fire alarm systems are not required to obtain a security alarm system permit or pay an additional registration fee under this article, but they are required to list information as to both systems on the registration application. 22 (c) Any commercial alarm system user who operates or allows an alarm system to be operated without first obtaining a permit as required by this section, or who, after having a permit revoked, operates or allows the system to be operated, shall be in violation of this article, and subject to a fine, as provided by section 23-4246. The commercial alarm system user to whom the alarm system user permit should have been or was issued, ir:l the case of revocation, shall be the person held in violation. (d) This permit requirement is intended to assist the police department and the city manager in the administration of the provisions of this article and shall not be deemed to create any special duty with respect to the protected premises beyond that owed to the general public. (e) Permits issued under this article shall be non-transferable. Sec. 23-39. Duties of commercial and residential alarm system users. (a) Commercial and residential alarm system users shall instruct employees, tenants or others who may have occasion to activate an alarm that security alarm systems are to be activated only in emergency situations to summon an immediate police response and shall instruct as to the operation of the security alarm system, including setting, activation, deactivation and resetting of the alarm. All instructions pertaining to security alarm systems and procedures shall be in written form, suitable for distribution and shall be available for inspection by representatives of the police department. Commercial and residential alarm system users shall be responsible for maintaining their security alarm systems in proper working order. (b) A commercial or residential alarm system user or person authorized and capable of deactivating the alarm. who allows an alarm to continue to emit an audible signal for twenty (20) thirty (JO) minutes after notification of the alarm commencing to emit such signal shall be guilty of a class 34' misdemeanor. Sec. 23-40. Alarm company operator registration. (a) Every alarm company operator shall, within thirty (30) days after the effective date of this article, register with the city on forms provided by the city. The application for registration shall include name of the alarm company operator, names of owners and officers and the services offered by the alarm company operator. It shall be the responsibility of the alarm company operator to notify the city in writing of any subsequent changes in the information provided on the application for registration. I I I I I I 23 (b) Registration applications shall be accompanied by a nonrefundable fee of twenty-five dollars ($ 25.00) to cover the costs of processing the application and investigating the applicant. The registration must be renewed annually thereafter at an annual fee of twenty-five dollars ($25-8.00). Alarm company operators who have registered pursuant to Section 12-26, Code of the City of Roanoke (1979), as amended, with regard, to fire alarm systems are not required to register with regard to security alarm systems or pay an additional registration fee, but they are required to list information as to both systems on the registration application. Sec. 23-41. Duties of alarm company operators. (a) No security alarm system shall be installed, monitored, altered, serviced or repaired to a level of operation by an alarm company operator unless the commercial alarm system user has complied with the registration and permit provisions of section 23-38. (b) Every alarm company operator that installs, monitors, alters, services or repairs a security alarm system after the effective date of this article shall certify on the permit required in section 23-38 that the commercial alarm system user has been instructed in the proper use and operation of the alarm system. Sec. 23-42. Service charges imposed upon commercial alarm system users for false alarms. (a) A service charge of one hundred twenty- five dollars ($125.00) shall be charged for each false alarm or security alarm occurrence for an unregistered alarm system user. In addition to the service charge, an unregistered commercial alarm system user will be charged a registration fee. A service charge of one hundred dollars ($100.00) f'Or each occurrence shall be assessed against the con'lmercial alarm system user of a protected premises that is not registered, as required by this article, 'v'v'ho activates, utilizes, operates or maintains a security alarm systel'n operated by alarm company operators 'vv'ithin the city fur the first, second, third, fourth, fifth and sixth false alarms, and one hundred fifty dollars ($1 50.00) for the seventh and all subsequent false alarms in each calendar year originating from the protected premises. 24 (b) No service charge shall apply to the first five (5) second or third false fire and/or security alarms in each calendar year for each registered location I provided the commerc-ial alarm system user is a registered permit holder. A service charge of one hundred tvventy five dollars ($1003.00) for each false fire or security alarm occurrence over five (5) false fire and/or security alarms shall be assessed against the commercial alarm system user pern'lit holder who activates, utilizes, operates or maintains a security alarm system operated by alarm company operators within the city. for the fourth false alarm, fifty dollars ($50.00) for the fifth false alarn'l, one hundred dollars ($100.00) for the sixth false alarm, and one hundred fifty dollars ($150.00) for the seventh and all subsequent false alarms in each calendar year originating from the protected premises. (c) Any =ftte service charge or fee billed under this article shall be due thirty (30) days from the date of invoice mailing of the bill by the city rnanager and shall be payable to the city treasurer. Sec. 23-43. Inspection requirements and service charges imposed upon residential alarm system users for false alarms. (a) Any residential alarm system user experiencing a tenth false alarm in a calendar year shall within thirty (30) days of the tenth false alarm have his security alarm system inspected by an alarm company operator at the cost of I the residential alarm system user or, without cost, a site assessment by the police department's crime prevention unit. If an alarm company operator inspects the security alarm system, it shall conduct a complete examination of the security alarm system, including, but not limited to, satisfactory design and installation of the security alarm equipment, proper functioning of the alarm and education of the residential alarm system user in the proper operation of the security alarm system. The alarm company operator shall record the details of this inspection of a form provided by the police department for this purpose. The completed inspection report shall be returned to the police department by the alarm company operator within seven (7) days of the inspection. The alarm company operator shall provide a copy of the completed inspection report to the residential alarm system user at the same time. (b) No service charge shall be imposed upon a residential alarm system user for the first through tenth false alarm in each calendar year. A service charge of fifteen dollars ($15.00) for each occurrence shall be assessed against the residential alarm system user who activates, utilizes, operates or maintains a security alarm system operated by alarm company operators within the city for the eleventh false alarm, twenty dollars ($20.00) for the twelfth false alarm, twenty-five dollars ($25.00) for the thirteenth false alarm, and thirty dollars ($30.00) for the fourteenth and all subsequent false alarms in each calendar I year originating from the protected premises provided the residential alarm I I I 25 system user has had the inspection required above after the tenth false alarm. If the residential alarm system user has not complied with the inspection requirements of this section after the tenth false alarm, then all subsequent false alarms in that calendar year shall result in a service charge of thirty dollars ($30.00). (c) The service charge shall be due thirty (30) days from the date of mailing of the bill by the city manager and shall be payable to the city treasurer. Sec. 23-44. Failure to pay service charges; revocation of permit. All service charges assessed against the permit holder, commercial alarm system user of the protected premises if not registered, or residential alarm system user who activates, utilizes, operates or maintains a security alarm system shall be due and owing to the city treasurer. In the event legal action is necessary to collect the service charges, the owner or tenant shall be required to pay for any and all attorneys' fees and other costs expended by the city to collect such funds. The failure of a permit holder to pay any service charge assessed under this article when due shall constitute grounds for the revocation of its permit by the city manager. The continued operation of a security alarm system by t~e person who activates, utilizes or maintains a security alarm system after notification that the permit has been revoked shall constitute a class four misdemeanor. A security alarm permit that has been revoked pursuant to this section may be reinstated by the city manager upon payment of all outstanding service charges, a reinstatement fee of fifty ($ 50.00) dollars, and compliance with all other requirements of this article. Sec. 23-45. Appeals. Upon application in 'v.v'riting by any person against whom a service charge has been assessed under this article, the city manager may 'y.v'aive the service charge for good cause shown. Upon an appeal made in writing to the city manager within thirty (30) days of the date of receiving the city's invoice, any person against whom a service charge has been assessed under this article may appeal such charge to be reviewed by the city manager, The appeal shall include a brief statement setting forth why the person' against whom the charge has been assessed believes that the service charge is not valid. The city manager may waive all or a portion of the service charge for good cause shown in the appeal. 26 See. 23-46. Penalties. Except as otherwise provided, any person who violates any section of this article shall be guilty of a class 3 misdemeanor. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~'..v 'YY\.~ Stephanie M. Moon, CMC City Clerk (!. VeQk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2207. No. 37937-101807. AN ORDINANCE to appropriate funding from the Commonwealth, 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 Testing Fee Tuition Revenues State Grant Receipts 30-062-6716-0382-6138 $ 10,150.00 30-062-6716-1100 10,150.00 I I I I I I 27 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 ~/~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2007. No. 37938-101807. A RESOLUTION designating a Voting Delegate for the Annual Business Meeting of the National League of Cities. BE IT RESOLVED by the Council of th~ City of Roanoke as follows: 1. For the National League of Cities Conference to be held on Saturday, November 17, 2007, in New Orleans, Louisiana, and any Business Meetings in connection with such Conference, The Honorable Alfred T. Dowe, Jr., Council Member, is hereby designated Voting Delegate on behalf of the City of Roanoke, Virginia. 2. Stephanie M. Moon, City Clerk, is directed to take any action required by the National League of Cities with respect to certification of the City's official Voting Delegate. APPROVED ATTEST: ~~.~ Stephanie M. Moon, CMC City Clerk ~,~ Mayor 28 IN TI-;{E COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2007. No. 37939-101807. 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 Western Virginia Water 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 a portion 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 Council on October 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 a portion of a certain 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. I I I I I I 29 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that a portion of a certain public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A 4,638 square feet of the northerly portion of Brownlee Avenue, S. E., for a distance of 496.58 feet along the existing right-of-way line. 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 a 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 portion of a public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat dedicating to the City of Roanoke the land on the south side of the subject right-of-way as shown in the Plat of Right-of-Way Relocation of Brownlee Avenue, S. E., dated June 26, 2007, accompanying the application for closure and 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 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. 30 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 I Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~'c\\..~ Stephanie M. Moon, CMC City Clerk t-tU~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October, 2007. No. 37940-101807. 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 a portion of 22.56 acres of land located at 1030 Morningside Street, S. E., identified by Official Tax No. 4130501, from ROS, Recreation and Open Space District, to IN, Institutional District, subject to a proffer; 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 have the hereinafter described property rezoned from ROS, Recreation and Open Space District, to IN, Institutional District, to permit the expansion of the Jackson Park Branch Library as per the proffered development plan showing two additions to the existing I library structure; I I I 31 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 October 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 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 a portion of 22.56 acres of land located at 1030 Morningside Street, S. E., identified by Official Tax No. 4130501, be rezoned from ROS, Recreation and Open Space District, to IN, Institutional District, to permit the expansion of the Jackson Park Branch Library as per the proffered development plan showing two additions to the existing library structure, as set forth in the Application for Conditional Rezoning - Amended Application No.2 of City of Roanoke, filed in the Office of the Department of Planning Building and Economic Development on' September 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: ~'m.'Mev Stephanie M. Moon, CMC City Clerk c~ C. Nelson Harris Mayor 32 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 18th day of October, 2007. No. 37941-101807. AN ORDINANCE authorizing the lease of 284 square feet of space located within City-owned property located in the City Market Building, for an initial term of one (1) year; beginning October 1, 2007 and extending through September 30, 2008, with two additional one-year options to renew; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on October 18, 2007, pursuant to 9915.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, an agreement I with Francine Barish-Stern Bray, d/b/a Creations, for the lease of approximately 284 square feet of space located within City-owned property in the City Market Building, for retail and tutoring purposes, for an initial term of one (1) year, beginning October. 1, 2007 and extending through September 30, 2008, with two additional one-year options to renew, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated October 18, 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: ~.~~~ Stephanie M. Moon, CMC City Clerk e.~~ c. Nelson Harris Mayor I I I I 33 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2007. No. 37942-110507. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation for the Virginian Railway Passenger Station 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 08-530-9652-9007 $ 267,000.00 Revenues VDOT - Transportation Enhancement Grant 08-530-9652-9652 267,000.00 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: ~/,~~h1I~ Stephanie M. Moon, CMC City Clerk tUJv~ c. Nelson Harris Mayor 34 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2007. No. 37943-110507. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's contract with SFCS, Inc., for additional professional services for Phase I of the Library Facilities 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 SFCS, Inc., for additional professional services for Phase I of the Library Facilities Project, all as more fully set forth in the City Manager's letter to this Council dated November 5,2007. I 2. The form of such Amendments shall be approved by the City Attorney. 3. Such Amendments will provide authorization for additions to the I work, with an increase in the amount of the contract and provided the total amount of such Amendments will not exceed an additional $202,000.00, all as set forth in the above letter. APPROVED ATTEST: ~'TY\.'rY\Lo-.-J e.~ c. Nelson Harris Mayor Stephanie M. Moon, CMC City Clerk I I I I 35 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2007. No. 37944-110507. A RESOLUTION authorizing the appropriate City officials to enter into the 2007-2008 Community Development Block Grant (CDBG) Subgrant Agreement with Blue Ridge Housing Development Corporation, 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, the 2007-2008 CDBG Subgrant Agreement with Blue Ridge Housing Development Corporation, 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 November 5, 2007. APPROVED ATTEST: ~m.~ Stephanie M. Moon, CMC City Clerk c. UL~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2007. No. 37945-110507. A RESOLUTION requesting that the Governor and General Assembly take action to prevent exploitative payday lending practices in the Commonwealth of Virginia. WHEREAS, Council senses from the citizens of the City significant concern over what are perceived to be exploitative payday lending practices in the City and elsewhere in theCom~onwealth; 36 WHEREAS, Council shares these concerns and wishes to request that the General Assembly and the Governor of Virginia take action to prevent such exploitative payday lending practices; and WHEREAS, it is vital that the General Assembly and the Governor of Virginia give their earnest attention to these matters at the next regular session of the General Assembly and enact laws that will prevent exploitative payday lending practices. THEREFORE, BElT RESOLVED by the Council of the City of Roanoke that the General Assembly and the Governor of the Commonwealth of Virginia are requested to take action during the next regular session of the General Assembly of Virginia to enact laws that will prevent exploitative payday lending practices, such as charging rates in excess of 36% APR for consumer loans. APPROVED ATTEST: ~~ln.~ Stephanie M. Moon, CMC City Clerk G \kM-~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2007. No. 37946-111907. AN ORDINANCE amending and reordaining Section 20-81, Same - Fees, of Chapter 20, Motor Vehicles and Traffic, Division 2, Residential Parking Permits, Article IV, Stopping. Standing and Parkina, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. I I I I I I 37 BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 20-81 Same - Fees, of Chapter 20, Motor Vehicles and Traffic, Division 2, Residential Parking Permits, Article IV, Stoppina. Standina and Parking, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 920-81. Same -Fees. Fees required under this division shall be as follows: (1) Residential Parking Permit. Fees for annual permits shall be as specified in the city-lis fee compendium.set by the city manager, and published in the city's fee compendium (2) Replacement permit or Pass. Fees for lost, damaged or stolen permits or passes shall be as specified in the city"s fee compendium.set by the city manager, and published in the city's fee compendium. 2. Pursuant to Section 12 of the City Charter, the second reading of t~is ordinance by title is hereby dispensed with. APPROVED ATTEST: ~h1. ~...... Stephanie M. Moon, CMC City CI~rk. ... . a.UolL~ ..c. Nelson Harris Mayor 38 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2007. No. 37947-111907. AN ORDINANCE amending and reordaining Sections 24-3, 24-4, 24-26, 24-48, 24-90, and 24-97 and repealing Sections 24-8 and 24-9, of Chapter 24, Public BuildinQs and Property Generallv, 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 as follows: 1. Sections 24-3, 24-4, 24-26, 24-48, 24-90, and 24-97 of Chapter 24, Public BuildinQs and Property Generallv, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: 924-3. Rules and regulations governinQ use of public buildinQs and facilities. The city manager is hereby authorized to promulgate rules and regulations, not inconsistent with the provisions of this chapter and other ordinances of the city, governing the use of public buildings and facilities of the city.; provided, hO'v'v'ever, that the rents or charges for such use shall be as prescribed, from til"ne to time, by the city council, as provided in section 24 4. 924-4. Rates and charges for use of public buildings and facilities. The rates and charges to be paid and collected for the use of the public markets and market areas of the city, the National Guard Armory and other armories o'v"vned by the city, Victory Stadium, Maher field and any other public facility or building not otherwise specifically provided for shall be such as are prescribed, from time to time, by the city council manager and published in the City's fee compendium. I I I I I I 39 924-26. Rates for use and terms. (a) The city' councilcity manager shall establish from time to time a current schedule of fees, rentals, rates, charges, and terms to be requiredfor use of the civic center and, subject to such limits and guidelines as the councilcity manager 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. 924-48. Function. (a) The commission shall serve in an advisory capacity for the Civic Center and, to that end, is hereby delegated and shall operate in the following manner: (2) Recommend to city council the city manager appropriate rates for fees, rentals, rates, and terms for the use of the civic center, and for necessary changes thereto. 924-90. CharQes for private use of recreation buildinQs or facilities. (a) Persons using recreation buildings, centers or facilities of the city at any time for private parties, weddings, showers or other private uses, other than at such times when such places are normally scheduled to be open, shall reimburse the city for the full costs of overtime and fringe benefits of all employees of the city necessitated by such use, plus costs of necessary custodial services, such reimbursement to be made in accordance with the current'schedule of pay and custodial service rates established by the city manager as of July 1 of each year. Such persons shall also pay such additional specific charge as is prescribed by the city councilmanager, (b) If the use of any building; center or facility pursuant to subsection (a) above is under the auspices of a purely charitable, educational or recreational organization, and no charge is made for admission, and, no collection is taken among persons in attendance, the city manager may exempt such organization from payment of such charges. (c) With the advice and prior \tliritten approval. of the city manager, the director of civic facilities, or the director's designee, may negotiate and execute contracts and amendments thereto, for the use of Victory Stadium, so long as the fees for al'l event equal or exceed the city's projected direct costs for the event. 924-97. Possession or consumPtion of alcoholic beveraQes. (a) If any person, in or upon the grounds of any city park, shall take a drink of any alcoholic beverage or have in his possession any alcoholic beverage or any beverage in any container labeled as an alcoholic beverage, he shall be guilty of a Class 4, misdemeanor. As used in this section, the term "alcoholic beverage" shall have the meaning set forth in section 4.1-100, Code of Virginia (1950), as amended. (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 Wachovia Plaza at Market Street, S. E., adjacent to the Market Square Walkway ('Tirst UnionWachovia Plaza"), hereinafter collectively referred to as the "designated park facilities," under the following conditions: (1) Any applicant seeking to serve or permit the consumption of alcoholic beverages in the designated park facilities shall apply to the city manager for an alcohol permit, allowing the possession, consumption, distribution or sale of alcoholic beverages within the designated park facilities. If the alcohol permit is issued by the city manager, the applicant shall also obtain all appropriate permits and licenses from the state department of alcoholic beverage control ("ABC Board"). The issuance of the city's alcohol permit shall be conditioned upon the issuance of a permit or license by the ABC Board on the same terms and conditions as the city's alcohol permit. A copy of the ABC permit shall be filed with the city manager at least three (3) business days before the first day of the event which is the subject of the city's alcohol permit; 40 I I I I I I 41 (2) Only section 501 (c) nonprofit organizations under Title 26 of the United States Code may apply for the city's alcohol permit for Elmwood Park, Century Square, Mill Mountain Park (not including the Discovery Center) and first Ul'lion Wachovia Plaza. Any person or entity may apply for the city's alcohol permit for Mountain View and the Discovery Center; (3) The applicant shall comply in all respects with all applicable rules, regulations, terms and conditions of the ABC Board, or any permit or license issued by the ABC Board; (4) The city manager shall designate, in writing, the time and place where alcoholic beverages may be possessed, consumed, distributed or sold within the designated park facilities; (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; (6) Any applicant which is a section 501 (c) nonprofit organization under Title 26 of the United States Code which applies for a city alcohol permit shall produce, at the time of application, written evidence, satisfactory to the city manager, of its status as a section 501 (c) nonprofit organization under Title 26 of the United States Code; (7) No glass containers shall be used to consume alcoholic beverages within the boundaries of the designated park facilities; (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 tbe 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; 42 (9) Each application shall be accompanied by a refundable deposit as set forth in the fee compendium as amended from time to time by city council established by the city manager, and published in the city's fee compendium. The refundable deposit shall be for any clean-up necessitated by the applicant's use of the designated park facilities. The determination of whether any clean-up is necessitated by the applicant's use of either of the designated park facilities, and the cost of that clean-up, shall be within the city manager's sole and absolute discretion. The amount of any refund shall be determined within five (5) business days after the last day of an event which is the subject of a city alcohol permit, and any refund, or notice of no refund, shall be made as soon as reasonably possible after the five (5) business day period. In the event that the cost of the clean-up exceeds the amount of the refundable deposit, the applicant shall be responsible for the difference; I (10) The fee for an alcohol permit to allow alcoholic beverages to be consumed on the premises of the designated park facilities, pursuant to this section, shall be as set forth in the f~e cOlnpendium as amended from tin'le to time by the city councilestablishedbv the city manager. and fJublished in the "city's fee comfJendium; and I (11) The city manager is authorized to make such other rules and regulations not inconsistent with the Code for the City of Roanoke (1979), as amended, or the Code of Virginia (1950), as amended, as may be necessary to govern the use of the premises where alcoholic beverages may be possessed, consumed, distributed or sold. 2. Sections 24-8 Performance bond and liability insurance required for lease of Victory Stadium and Maher Field, and Section 24-9 Performances. shows and other activities prohibited at Victory Stadium between certain hours, of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended, are hereby REPEALED. I I I I 43 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~In. ~dt/'IN Stephanie M. Moon, CMC City Clerk C2~W,,-tl~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2007. No. 37948-111907. AN ORDINANCE amending and reordaining Section 30-9.1. Outdoor dining, of Chapter 30, Streets and Sidewalks, Article I, In General. of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 30-9.1. Outdoor dining, of Chapter 30, Streets and Sidewalks, Article I, In General. of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 930-9.1. Outdoor dining. The city manager shall be authorized to issue permits to authorize placement of easily movable items, such as tables, chairs, planters, trash receptacles, barriers and chains, and other related items, upon designated portions of the public -sidewalks, right-of-way that has been closed to vehicular traffic by city council during the applicable hours, and public property in any.area of the city for the purpose of permitting the area to be used by the permittee for outdoor dining. Such permits may be issued on the following terms and conditions: (1) Such permits may be issued only to such persons or entities which own or lease property in the city and which are licensed by the state department of health to serve food on or from such owned or leased property. Such owned or leased property shall be referred to in this section as the permittee's premises. (2) Such permits shall be revocable with or without cause in the discretion of the city manager. Upon revocation of a permit and notice to the permittee, the city manager shall be authorized to remove any items previously permitted to be placed in the public right-of-way or on public property and dispose of the same. (3) The issuance of such permits shall be conditioned upon the permittee's agreement to indemnify and hold harmless the city, its officers, employees and agents, from all claims, demands, damages, actions, causes of action, or any fine or penalty, or suits of any kind whatsoever, either at law or in equity, including any claim for court costs or attorney fees, for theft, damage to property, injury to person, or death, arising out of the construction, maintenance, use, operation or removal, of any items permitted in the public right-of-way or on public property, or out of the conducting of outdoor dining activities in the public right-of-way or on public property. (4) The issuance of such permits shall be conditioned upon the permittee's maintaining general public liability insurance, naming the city, its officers, employees and agents, as additional named insureds with respect to the construction, maintenance, use, operation, or removal of any items, such as tables, chairs, planters, trash receptacles, barriers and chains, and other related items, or the conducting of outdoor dining activities, in the public right-of-way or on public property, in the amount of not less than one million dollars ($1,000,000.00), and, filing with the city's risk manager a current certificate of insurance, demonstrating continued compliance with this subsection. Such insurance shall not be cancelled without thirty (30) days written notice to the city. 44 I I I I I I 45 (5) The issuance of such permits shall be conditioned upon the permittee's complying with all applicable rules, regulations, ordinances, laws or statutes, including those regulations promulgated or enforced by the state alcoholic beverage contror board and the state board of health. (6) The permit issued pursuant to this section shall not be transferable. (7) Application for all of such permits for the. purpose of permitting an area to be used by a permittee for outdoor dining shall be made on forms provided .by the city. (8) The city manager may promulgate additional terms or conditions applicable to any or all of such permits issued for the purpose of permitting an area to be used by the permittee for outdoor dining which are not inconsistent with the provisions in this section. Violation of any of such terms or conditions may result in revocation of a permit. (9) The application fee and any annual permit fee for any permit issued for the purpose of permitting an area to be used by a permittee for outdoor dining pursuant to this section shall be in such amounts as are prescribed, from time to time, by the city councilmanager and published in the city's fee compendium. Such fees shall be in addition to any other applicable fees required by this Code, or other applicable law, ordinance, rule or regulation. (10) Upon the issuance of any permit under this section, the city manager shall specifically designate the portion or portions of the public sidewalks, right-of-way that has been closed to vehicular traffic by city council during the applicable hours, or public property upon which easily removable items, such as tables, chairs, planters, trash receptacles, barriers and chains, or other related items, may be placed. Such a designated area or areas shall be in close proximity to the permittee's premises. If the designated area or areas do not adjoin the permittee's premises, the permittee must obtain the written consent of the owner or lessee of any private prop~rty which the designated area or areas adjoin. 46 (11) Nothing contained in this section shall be construed to relieve any permittee from liability for any negligence, or recklessness with. respect to the placement or maintenance of easily removable items, such as tables, chairs, planters, trash receptacles, barriers and chains, and related items, or any other exercise of the. privileges authorized by such permit. I (12) The decision of whether to grant an outdoor dining permit shall be exclusively that of the city manager. In deciding whether to issue an outdoor dining permit, the city manager shall consider whether the permittee, by conducting outdoor dining, will promote the general welfare and economy of the city, whether the permittee has complied with all of the requirements of this section and any regulations promulgated by the city manager, and whether the activity will unreasonably interfere with the flow of pedestrians or motor vehicles or otherwise present a hazard or threat to the general public health, safety and welfare. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED I ATTEST: ~:...., m. h-Jo",- Stephanie M. Moon, CMC City Clerk e. UcLld=V~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2007. No. 37949-111907. AN ORDINANCE amending and reordaining Section 34-115, Term: renewal, of Chapter 34, Vehicles for Hire, Division 3, Driver's License, Article III, Public Vehicles (Taxicabs and For-Hire Automobiles). of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. I I I I 4,7 BE IT ORDAINED by the Council of the City.of Roanoke that: 1. Section 34-115, Term: renewal, of Chapter 34, Vehicles for Hire, Division 3, Driver's License, Article III, Public Vehicles (Taxicabs and For-Hire Automobiles). of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 934-115. Term: renewal. A public vehicle driver's license shall be issued as of the first day of January of each year and shall be effective to and including the thirty-first day of December of each year, unless sooner suspended, revoked or cancelled. Such license may be renewed from year to year by the city manager by appropriate endorsements thereon. The fee for each renewal shall be payable to the city treasurer and shall be in such amount as is presribed by the city Cotll1ci/set by the city manager, and published in the city's fee compendium. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~::v 111. i'?qyJ Stephanie M. Moon, CMC City Clerk L. /)QQctt~~ C. Nelson Harris Mayor INTHE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19~h ~ay of November, 2007. No. 37950-111907. A RESOLUTION repealing certain obsolete fees set out in the City's Fee 'Compendiurn. '.. .. 48 BE IT RESOLVED by the Council of the City of Roanoke that the following fees set out in the City's Fee Compendium are hereby REPEALED: I City Code supplement fee Microfiche copy of land book fee National Guard Armory rental rates Per diem rates for children detained in the former Youth Haven APPROVED ATTEST: ~ rh. '1,,,,,,,; Stephanie M. Moon, CMC City Clerk c2~UJ~ct+~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,' The 19th day of November, 2007. I No. 37951-111907. A RESOLUTION amending Resolution Nos. 30124-62590, 30526-52091, 36686-051304, 37380-0511 06, 37043-051005, and 37763-051407, to authorize the City Manager to set certain fees, in lieu of such fees being set by City Council. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Paragraph 5 of Resolution No. 30124-62590, as it relates to the establishment of fees, rates, and charges for floodplain determinations, wide load permits, athletic programs, and recreation center programs, is hereby amended to provide that such fees, rates, and charges shall remain in effect until amended by the City Manager, and shall be published in the City's fee compendium. 2. A paragraph 4 be added to Resolutions 30526-52091 (library fines), 36686-051304 (emergency medical standby services), 37380-051106 (library best seller book fee), and 37763-051407 (Roanoke Police Academy fee) to read and provide as follows: I I I I 49 "The fees and fines set forth in this Resolution shall remain in effect until amended by the City Manager and shall be published in the City's fee compendium." 3. Paragraph 5 of Resolution No. 37043-051005, as it relates to the parks and recreation facility and service fees set out in paragraph 1 of such resolution, including the Elmwood Park Amphitheater fee, mobile stage fee, outdoor pool fee, and fitness center fees is hereby amended to provide that such fees shall remain in effect until amended by the City Manager, and shall be published in the City's fee compendium. APPROVED ATTEST: ~~ 1>1. IrJtJ~. Stephanie M. Moon, CMC City Clerk Q,U~~ C. Nelson Harris Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2007. No. 37952-1l1907. AN ORDINANCE authorizing the proper City officials to execute an amendment to a Performance Agreement dated June 15, 2006, among the City of Roanoke, (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and Valley View Mall, LLC, (WM), which amendment will provide for a certain time extension concerning certain obligations of WM under such Performance Agreement; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City, the EDA, formerly the IDA, which has changed its name to the Economic Development Authority of the City of Roanoke, Virginia, and WM entered into a Performance Agreement dated June 15, 2006, (Performance Agreement) concerning WM's proposed development of certain property mentioned therein, and which was subject to certain terms and conditions contained in such Performance Agreement; and so WHEREAS, in order for WM to be able to attract and bring high quality I retailers to the City and Valley View Mall, VVM has requested a certain time extension for completion of certain of WM's obligations under such Performance Agreement. In view of WM's good faith efforts to comply with the Performance Agreement and in order to allow WM to be able to bring high quality retailers to the City, City staff recommends that City Council agree to WM's request. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves WM's requested time extension for completion of certain of WM's obligations under the Performance Agreement, namely the items relating to Subsections 2(A) and 2 (B), as set forth in the City Manager's letter to Council dated November 19, 2007, and the draft amendment attached thereto. 2. The City Manager is hereby authorized on behalf of the City to execute an amendment to the Performance Agreement providing for a time extension for WM to complete certain of WM'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 I 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 Code, the second reading by title of this Ordinance is hereby dispensed with. APPROVED ATTEST: ~~ m. ~hv Stephanie M. Moon, CMC City Clerk (2. LkClctt~ C. Nelson Harris Mayor I I I I 51 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2007. No. 3 795 3 - 1 1 1 907. A RESOLUTION repealing Resolution No. 3792.1 -100107, adopted October 1, 2007, and retroactively authorizing payment of supplementary compens'ation and restoration of certain benefits to certain employees called to active military duty. BE IT RESOLVED by the Council of the City of Roanoke that it hereby repeals Resolution No.3 7921-100107, adopted October 1, 2007. BE IT FURTHER RESOLVED by the City Council of the City of Roanoke that: 1. The City shall pay, upon request, to any City employee who is a military reservist/national guard and who, between October 1, 2007, and September 30, 2008, is called to and serves in active duty related to our country's war on terrorism or natural disasters, subsequent to 'that employee's employment with the City, a supplement equal to the difference between that employee's regular. City salary and military base pay plu~ any; other compensation received for military service. This supplement shall not be paid for any days that regular City salary must be paid to such employees. Employees shall provide the Department of Human Resources with the necessary documentation to establish their eligibility for the supplement. 2. Each such employee shall be deemed to have earned City vacation, paid and extended illness leave for the period of such active duty in the same manner as if such employee had remained in service with the City. 3. For each such employee who returns to service with the City within ninety (90) 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. 4. 2007. The provisions of this Resolution shall be retroaCtive to October 1, APPROVED ATTEST: ~m.~~ Stephanie M.Moon, CMC City Clerk C--v Udttl~ c- Nelson Harris - Mayor 52 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2007. I No. 37954-111907. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2008 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; WHE~EAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated November 19, 2007, recommended to Council a Legislative Program to be presented at the 2008 Session of the General Assembly; I 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 19, 2007, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2008 Session of the General Assembly. 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2008 Session of the General Assembly to attend Council's meeting relating to legislative matters, to be held at 12:00 noon, on December 3, 2007. . APPROVED ATTEST: A~ 'rn. ~~ Stephanie M. Moon, CMC City Clerk c ~cl~ C. Nelson Harris Mayor I " I I I 53 .IN6fHE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2007. No. 37955-111907. A RESOLUTION endorsing Architectural Design Guidelines for the H-1, Historic Downtown Overlay District, and the H-2, Neighborhood Design Overlay District. WHEREAS, on August 10, 1995, the Architectural Review Board for the City of Roanoke (UARB") adopted Architectural Design Guidelines for the H-2, Neighborhood Preservation District (UH-2 Guidelines"); WHEREAS, the ARB has considered the Architectural Design Guidelines for the H-1, Historic District (UH-l Guidelines"), and the H-2, Neighborhood Preservation District (UH-2 Guidelines"), when applications for certificates of appropriateness in the H-1, Historic District, and the H-2, Neighborhood Presentation District, are filed; WHEREAS, the ARB amended the H-1 Guidelines and the H-2 Guidelines after several public meetings at which input from the general public was received; WHEREAS, on September 13, 2007, the ARB adopted new Architectural Design Guidelines, as amended, for the H-1, Historic Downtown Overlay District, and the H-2, Neighborhood Design Overlay District; WHEREAS, the H-1 Guidelines and the H-2 Guidelines are guidelines and are not mandatory; and WHEREAS, the ARB has requested that City Council endorse the new H-1 Guidelines. and the H-2 Guidelines~ NOW THEREFORE, BE IT RESOLVED by the Council of th~ CiW of ,Roanoke and this Council hereby endorses the Architectural Design Guideliries' f<;>r the H- 1, Historic Downtown Overla,y District, and the Architectural Design Guidelines for the H-2, Neighborhood Design Overlay District, as adopted by the Architectur,al Review Board forthe City of Roanoke on September 13, 2007, to the extent that the H-1 Guidelines and the H-2 Guidelines are not inconsistent 54 with either the authority granted to the City of Roanoke by the General I Assembly, any law of the Commonwealth of Vi'rginia, or any, provision in the Code of the City of Roanoke (1979), as amended. ATTEST: ~m.~ Stephanie M~ Moon, CMC City Clerk APPROVED Cj /AQQ~(tk#-.A C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2007. No. 37956-111907. I AN ORDINANCE to appropriate funding from the Commonwealth and Federal governments as well as from a donation for various School grants, 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 Supplies Program Director (25%) Instructional Staff Activity Assistants Media Assistant Social Security Indirect Costs Contracted Services Conference Travel Pupil Transportation Supplies Teachers 30-062-6619-0614-6106 30-062-6353-0124-6100 30-062-6353-0121-6100 30-062-6353-0141-6100 30-062-6353-0151-6100 30-062-6353-0201-6100 30-062-6353-0212-6100 30-062-6353-0313-6100 30-062-6353-0554-6100 30-062-6353-0583-6100 30-062-6353-0614-6100 30-062-6354-0121-6000 $ 500.00 12,242.00 17,250.00 39,240.00 7,200.00 11,815.00 2,730.00 63,000.00 1,962.00 12,500.00 25,700.00 36,400.00 I 55 I Program Director 30-062-6354-0124-6000 17,640.00 Activity Assistants 30-062-6354-0141-6000 30,880.00 Social Security 30-062.;6354-0201-6000 6,454.00 Indirect Costs 30-062-6354-0212-6000 2,055.00 Contracted Services 30-062-6354-031 3-6000 46,908.00 Conference Travel 30-062-6354-0554-6000 2,381.00 Pupil Transportation 30-062-6354-0583-6000 12,500.00 Supplies 30-062-6354-0614-6000 18,125.00 Teachers 30-062-6355-0121-6000 36,400.00 Program Director 30-062-6355-0124-6000 17,640.00 Activity Assistants 30-062-6355-0141-6000 28,800.00 Social Security 30-062-6355-0201-6000 6,296.00 Indirect Costs 30-062-6355-0212-6000 2,307.00 Contracted Services 30-062-6355-0313-6000 30,970.00 Conference Travel 30-062-6355-0554-6000 2,381.00 Pupil Transportation 30-062-6355-0583-6000 12,500.00 Supplies 30-062-6355-0614-6000 39,325.00 Equipment 30-062-6355-0821-6000 10,000.00 Teachers 30-062-6356-0121-6000 36,400.00 Program Director 30-062-6356-0124-6000 17,640.00 I Activity Assistants 30-062-6356-0141-6000 28,800.00 Social Security 30-062-6356-0201-6000 6,296.00 Indirect Costs. 30-062-6356-0212-6000 2,307.00 Contracted Services 30-062-6356-031 3-6000 30,970.00 Conference Travel 30-062-6356-0554-6000 2,381.00 Pupil Transportation 30-062-6356-0583-6000 12,500.00 Supplies 30-062-6356-0614-6000 39,325.00 Equipment 30-062,-6356-0821-6000 10,000.00 Contracted Services 30-062-6927-0313-6106 1,386.00 Food 30-062-6927-0602-6106 4,500.00 Supplies 30-062-6927-0614-6106 13,944.00 Revenues Donation 30-062-6619-1103 500.00 Federal Grant Receipts 30-062-6353-1102 193,639.00 Federal Grant Receipts 30-062-6354-1102 173,34.3.00 Federal Grant Receipts 30-062-6355-1102 186,619.00 Federal Grant Receipts 30-062-6356-1102 186,619.00 Stat~ Grant ~eceipts 30-062-6927-1100 19,830.00 I 56 Pursuant to the provisions of Section 12 of the City Charter, the second I reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~m.~ C.~tl~ Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2007. No. 37957-111907. 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 I December ,5, 2005, as amen_ded, to. rezone prqperties located at 501 and 521 Salem Avenue, S. W., identified' by Official Tax Nos. 1111305, 1111307, 1111312, and 1111315, from 1-.1, Industrial District, to D, Downtown District, subject to certain proffers; and dispensing with the second reading by title of this ordinance. WHEREAS, Susanne D. Helbig has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described property 'rezoned from 1-1, Industrial District, to D, Downtown District, for the purpose of developing the property for multifamily dwellings, subject to certain proffers; 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 November 19, 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 I be heard, both for and against the proposed rezoning; and I I I 57 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 rezone certain properties located at 501 and 521 Salem Avenue, S. W., bearing Official Tax Nos. 1111305, 1111307, 1111312, and 1111315, from 1-1, Industrial District, to. D, Downtown District, for the purpose of developing the property for multifamily dwellings, subject to certain proffered conditions, as set forth in the Application for Conditional Rezoning - Amended Application No. 1 of Susanne D. Helbig, filed in the Office of the Department of Planning Building and Economic Development on October 19, 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: ~M.~~ CJ~~cW~ c. Nelson Harris Mayor Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2007. No.3 7958-111907. 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. . 58 WHEREAS, the City of Roanoke filed an application to the Council of the I City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close a portion 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 Council on November 19, 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 a portion of a certain public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no I 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 a portion of a certain public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: 5,538 square feet of public right-of-way at the intersection of Patton Avenue, N. W., and Gainsboro Road, 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 portion of a 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 I I I I 59 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 portion of a public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which Would otherwise 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 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 lit. 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 ordinanceshallbe null~nd void with ,no further action by City Council being necessary. .!, ' 60 BE IT FINALLY ORDAINED that pursuant to the provisions of 912 of the I City Charter, the second reading of this ,ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~.~ Stephanie M. Moon, CMC City Clerk QI1i)cl~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2007. No. 37959-111907. AN ORDINANCE authorizing the lease of 472 square feet of space located I within City-owned property located in the City Market Building, for a term of one year beginning November 19, 2007, and extending through November 18, 2008; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on November 19, 2007, pursuant to 9915.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 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 Sharebike, LLC, for the lease of approximately 472 square feet of space located within City-owned property in the City Market Building, for a bicycle rental business and to hold bicycle safety classes, for a term of one year, beginning November 19, 2007, and extending through November 18, 2008, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated November 19, 2007. I I I I 61 2. Pursuant to the provIsions of Section 12 of the City Charter, the second reac:Hng of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~.~ rn. ~U~ Stephanie M. Moon, CMC City Clerk Q.lk(L4f~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2007. No. 37960-111907. AN ORDINANCE authorizing the alteration and closing by barricade and removal of .pavement of a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, the 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 and removal of pavement of a certain public right- of-way described hereinafter; WHEREAS, the City Planning Commission, which 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 the City Council on November 19, 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 closure by barricade and removal of pavement of a certain public right-of-way have been properly notified; and 62 WHEREAS, from all of the foregoing, the Council considers that no substantial inconvenience will result to any individual or to the public from I altering and closing by barricade and removal of pavement of a certain public right-of-way, and that such alteration will promote the safety and welfare of those using the subject public right-of-way in the vicinity of the right-of-way to be closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: approximately 1,950 feet of Wiley Drive, S. W., more specifically described as that portion of Wiley Drive beginning under the east side of the Main Street bridge and ending at the greenway trail head, approximately 130 feet from Winchester Drive, S. W., be, and hereby is, altered and closed by way of a barricade, with the pavement removed, as described in such application. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "Altered and Closed by Barricade" on such right-of-way on all maps and plats on file in his office on which such right-of-way is shown, referring to the I book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, an attested copy of this ordinance in order that such Clerk may make proper notations, if any, of the alteration and cloSing by barricade as described above on all maps and plats recorded in that office on which Wiley Drive, S. W., and Winchester Drive, S. W., appear. 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: ~,..,~ m. ~h-" 's~~~ie M. Moon, CMC City Clerk QluJL~ C. Nelson Harris Mayor I I I I 63 THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 2007. No. 37961-120307. A RESOLUTION naming the Reverend Frank W. Feather as Roanoke's Citizen of the Year for 2007. WHEREAS, Reverend Feather, a Roanoke native, was educated at Forest Park Elementary, Monroe Junior High, and Jefferson High School in the Roanoke public school system, and he received his theological degree from Pioneer Theological Seminary; WHEREAS, he was reared in northwest Roanoke, where in his infancy through the middle years of his youth he was an active member of the Villa Heights Baptist Church, pastored by his mentor, the late Reverend J. Landon Maddex; WHEREAS, during his employment with General Electric in Salem, Reverend Feather became a charter member of Emmanuel Baptist Church, and served in various capacities, in music, education, and youth programs. He served with the late Dr. H. W. Connelly, Sr., and his close friend, the Reverend Jimmy D. Edwards. He also served as interim pastor the latter part of 1969; WHEREAS, after sixteen years of dedicated service with General Electric in Salem, Virginia, he left the plant to enter the ministry full time. His first pastorate was with the Mountain View Baptist Church at Catawba, in Roanoke County. After four years of pastoring, he was called to serve the Forest Park Baptist Church in northwest Roanoke in :the spring of 1974. He has served as pastor of the integrated congregation for 34 years. He has shown exemplary dedication in ministering and caring for the/needs of each member and the residents of the northwest community; WHEREAS, as a public servant, Reverend Feather has demonstrated a heartfelt interest in addressing race relations, children and youth, young and senior adult concerns, homelessness, neighborhood and community improvement issues and projects by working closely, as brothers, with his long- time friend, Reverend Dr. Kenneth) B. Wright of. First Baptist Church of Gainsboro. This brotherhood has enhanced their relationship with the Anglo- American and African-American churches. He and his church partnered with First Baptist Church and Pastor Wright to build one of the first Habitat for Humanity houses, which was constructed on Kellogg Avenue in northwest Roanoke; 64 WHEREAS, under the leadership of Reverend Feather, Forest Park Baptist I Church housed a component of the Noel C. Taylor Academy of the Roanoke school system for several years, free of charge, and he often assisted the staff in counseling the students; WHEREAS, Reverend Feather served as a volunteer chaplain for Carilion Roanoke Memorial and Carilion Community Hospitals for nearly thirty years, and as a chaplain for Oakey's Funeral Service and Crematory for about twenty years, conducting services for the indigent and other families, and counseling bereaved families, at no charge; WHEREAS, Reverend Feather's love for trains and the memories of his childhood spent with his father, who was employed as a switchman in the West Yard of the Norfolk and Western Railroad, now takes him often to the Virginia Museum of Transportation; and WHEREAS, Reverend Feather was very active on the following boards and committees for the City of Roanoke: . Founding member of the Roanoke Neighborhood Partnership Steering Committee; I . Citizens' Services Steering Committee; . Advisory Board of Human Resources (formerly the Human Services Board); . Fair Housing Board; . Committee on the Homeless; . TAP's Poverty Taskforce; . Transitional Living Center Board; and . The Roanoke Valley Drug and Alcohol Abuse Council. He has also served 32 years as Clerk of the Roanoke Valley Baptist Association. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council with great pride and respect and admiration hereby names the Reverend Frank W. Feather as Citizen of the Year for 2007 in the City of Roanoke, Virginia. I I I I 65 2. The City Clerk is directed to furnish an attested copy of this resolution to Reverend Feather. APPROVED ATTEST: A.~h-7. ~,~ Stephanie M. Moon, CMC City Clerk (2, ~~~ Mayor IN THE COUNCILOFTHE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 2007~ No. 37962-120307. A RESOLUTION in support of the designation of a driving route to be called the Wilderness Road: Virginia's Heritage Migration Route from Winchester to Cumberland Gap in Western Virginia, including the two spurs of the Carolina Road and the Fincastle/Cumberland Gap Turnpike. WHEREAS, from 1775 to 1810 an estimated 300,000 settlers traveled through Virginia to the Cumberland Gap. This migration and western movement is a significant part of Virginia history and had far reaching effects on the development of the United States of America. Today, an estimated 43 million Americans can trace their ancestors to the migration through Virginia along the Wilderness Road: Virginia's Heritage Migration Route; WHEREAS, the historical migration of early settlers and pioneers to Virginia followed closely to what is now Routes 11, 58 and 23 from Winchester to Cumberland Gap; WHEREAS, this driving route is being developed to preserve, interpret, and promote the history, heritage, and culture of the early pioneer settlement and migration through Virginia, and the role that Virginia played in the migration of settlers through the Cumberland Gap and the development of the nation; 66 WHEREAS, the Wilderness Road Committee has been working for two years under the leadership of the Virginia Tourism Corporation in partnership I with tourism representatives from 28 localities and 12 state/federal partners to develop the driving route of the Wilderness Road: Virginia's Heritage Migration Route, and spurs known as the Carolina Road, and the Fincastle/Cumberland Gap Turnpike, connecting with the Daniel Boone Wilderness Trail, and individual community loops for each locality; WHEREAS, the mission of the committee is to develop a new tourism product to increase economic growth, and tourism spending in the region, and to promote the Wilderness Road: Virginia's Heritage Migration Route from Winchester to Cumberland Gap in a way that preserves and interprets the heritage of the migration era from the 1700s to the mid 1800s, in order to increase tourism visitation and economic impact of tourism spending; WHEREAS, this state designation would delineate the route and recognize the driving route as the Wilderness Road: Virginia's Heritage Migration Route. This would not affect any other designation heretofore or hereafter applied to this route or any portions thereof; and WHEREAS, designation of this driving route allows for the further development of tourism as a vital part of economic development, building on the tourism assets of the westward migration and stimulating new tourism growth to Western and Southwestern Virginia. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council expresses its support to the General Assembly of the Commonwealth of Virginia designating the Wilderness Road: Virginia's Heritage Migration Route, to. include directional signs along the corridor to direct tourists along the driving trail and to the Roanoke Valley Visitor Information Center. 2. City Council further supports the efforts of the Wilderness Road Committee to develop the Wilderness Road: Virginia's Heritage Migration Route as a national and international tourism product to increase visitation to Western and Southwestern Virginia. APPROVED ATTEST: ~m'l>J~ Stephanie M. Moon, CMC City Clerk C,~cQ~ C. Nelson Harris Mayor I I I I I 67 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 2007. No.3 7963-120307. A RESOLUTION approving the design and placement of a sculpture to be installed at the Roanoke Civic Center in celebration of the City's 12 5th anniversary. WHEREAS, eighty-nine artists responded to the City's Request for Proposals for a work of art to be installed at the Roanoke Civic Center in celebration of the City's 125th anniversary, with the theme "People, Pride and Promise"; and WHEREAS, the City's Arts Commission has recommended that the work of art proposed by Rodney Carroll be selected as the work to be installed at the Civic Center. NOW THEREFORE; BE IT RESOLVED that the Council of the City of,Roanoke approves the design of the work of art submitted by Rodney Carroll and approves the location of its installation at the Civic Center, as presented to Council on December 3, 2007. APPROVED ATTEST: ~Yh.h(DhV Stephanie M. Moon, CMC City Clerk C-~~ C. Nelson Harris Mayor 68 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 3rd day of December, 2007. No. 37964-120307. A RESOLUTION AUTHORIZING THE ISSUANCE OF THREE MILLION EIGHT HUNDRED TEN THOUSAND DOLLARS ($3,810,000.00) 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 BUILDINGS 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 I ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS; DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPE~T TO THE SALE AND DETERMINATION, OF THE DETAILS,OF SUCH BONDS AND NOTES; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND NOTES WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt and to authorize the issuance of $3,810,000.00 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 buildings 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 Bon d s; I I I I 69 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 public buildings of and for the City, the City is authorized to contract a debt and to issue $3,810,000.00 principal amount of general obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds"). (b) The Bonds shall be issued and sold in their. entirety at one time, or from time to time in part in series, as shall be determi.ned by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000.00 each or any whole multiple thereof. The Bonds of a given series shall be numbered from No. R-1 upwards in order of issuance. The Bonds shall bear interest from their date payable on 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. (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. 70 (d) (i) If any Bond (or any portion of the principal amount thereof in I 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 excha'1ge for the principal amount thereof to be redeemed and 'a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (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, I New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 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 I and Paying Agent for the Bonds (the "Registrar"). I I I 71 (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 df the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date,(iii) if a Bond is authenticated after the fifteenth (1 5th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of this Section 3(c) with regard to the authentication of such Bonds and of Section 8 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (a) The principal of and premium, if any, on the Bonds shall be payable in such coin or currency of the United States df 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 m'ay 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. 72 (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 princip~1 amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant tothis 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. I (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 I 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 wi.ll act as securities depository for the Bonds. Individual purchases will be made in book- entry form only, in the principal amount of $5,000.00 or any whole multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made by the Registra.r 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. I I I I 73 (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason ot 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 printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for or purchaser of the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment forthe 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 N'otice 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 StaterneQt 74 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 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 Bonds of each maturity of each series as specified in the bid accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Bonds upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00%). (b) The Mayor is hereby authorized and directed to execute and deliver to the purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the Bonds, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisors and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 1 5c2-1 2 promulgated by the Securities and Exchange Commission pursua.nt to the Securities Exchange Act of 1934 ("Rule 15c2-12"). The City Manager an;d 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". I I I I I I 75 (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. 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. 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 (ji) 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 ifsold 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 corne 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 76 I the Notes hereof upon the advice of the City's financial advisor; provided, however, in no event shall any r~d,emptiol1 premium payabl~ by the City e~ceed two percent (2.00%). If such Notes are offered.! for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shalf 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 Stater11~nt 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. SECTION 10. The Council hereby authorizes the City to make expenditures for the purpose for which the Bonds are to be issued in advance I 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 lJ1eaning of Treasury Regulation Section 1.1 50-2 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. I I I I 77 EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OFVIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES _____ REG ISTERED No. R-__ REG ISTERED $------ MA TU RITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO.: REG ISTERED OWN ER: CEDE & CO. PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on _________________ and semiannually on each ____________ and ____________ thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (speCified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the 78 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 I of Cede & Co., as nominee of The Depository Trust Company (UDTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred a.nd 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 surr'ender hereof, at the office of ___________________________________, as the Registrar and Paying Agent, in the City of ____________, __________. Principal of and premium, if any, and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of 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 buildings 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 I Council of the City duly adopted and taken under the Public Finance Act of 1991. 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: Redemption Dates (Both Dates Inclusive) Redemption Prices (PercentaQes of Principal Amount) __________ __ to __________ __, ____ % __________ __ to __________ __, ____ __________ __ and thereafter I I I I 79 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, specifyihgthe date, number and maturity of this Bohd, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption,. and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amountof this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in 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 80 collect annually, at the same time and in the same manner as other taxes of the I 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 an.d without limitation as to rate or amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exi5it, happen or be performed precedent to and in the issuance of this Bond do exist, have happen.ed 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 the date first above written. CITY OF ROANOKE, VIRGINIA I [SEAL] Mayor Attest: City Clerk CERTIFICATE OF AUTHENTICATION , This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. L-----------------------------L as Registrar By: _______________________________________ Authorized Signatory Date of Authentication: ____________________ I I I I 81 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: I the within Bond and all rights thereunder, hereby irrevocably constituting and ap poi nting ___________________________"-______________________, Atto rn ey, 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: A~m.~cMJ Stephanie M. Moon City Clerk CI C. Nelson Harris Mayor 82 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 2007. No.3 7965-120307. AN ORDINANCE to transfer funding from the General Fund Program Activities, for the Training Assistant position for the Virginia Institute for Social Service Training Activities (VISSTA), 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 ICMA Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Prog ram Activities 01-630-5318-1002 01-630-5318-1005 01 -630- 531 8- 11 1 6 01-630-5318-1120 01-630-5318-1125 01-630-5318-1126 01-630-5318-1130 01 -630- 531 8-11 31 01-630-5318-2066 $ 28,739.00 4,584.00 650.00 2,230.00 4,140.00 259.00 324.00 74.00 (41,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~m.~ Stephanie M. Moon, CMC City Clerk APPROVED e,U~#~ C. Nelson Harris Mayor I I I I I I 83 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 2007. No. 37966-120307. A RESOLUTION authorizing the City Manager to enter into an Amendment to an Agreement dated May 8, 2000, with the Commonwealth of Virginia Department of Transportation for further landscape improvements for the Lick Run Greenway Project. WHEREAS, the City of Roanoke requested additional Transportation Enhancement funds to support further landscape improvements of the Lick Run Greenway Project; WHEREAS, the City of Roanoke has received notification that its application for additional Transportation Enhancement funds has been approved by the Commonwealth Transportation Board in the amount of $33,000.00; and WHEREAS, the City of Roanoke must enter into an Agreement Amendment so that the funds may be received by the City and appropriated back into the Parks and Recreation Greenway account for further landscape improvements to the Lick Run Greenway. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, an Amendment to the Agreement dated May 8, 2000, with the Commonwealth of Virginia Department of Transportation for further landscape .improvements for the Lick Run Greenway Project, such Amendment to be in such form as is approved by the City Attorney. APPROVED ATTEST: ~~m.~ Stephanie M. Moon,CMC City Clerk c.~~~ C. Nelson Harris Mayor 84 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 2007. No. 37967-120307. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation for the Comprehensive Greenway Trail 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 VDOT - Lick Run Greenway 08-620-9753-9007 $ 33,000.00 08-620-9753-9753 33,000.00- 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, CMC City Clerk Cv~= Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 2007. No. 37968-120307. A RESOLUTION authorizing the acceptance of funding from the Virginia Department of Social Services for the Employee Advancement for TANF Participants grant under the Temporary Assistance to Needy Families (TANF) Project; and authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution of the grant funds to the provider agencies that comprise the Southwest Virginia Regional Employment Coalition, upon certain terms and conditions. I I I I I I 85 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept funding in the amount of $399,000.00 from the Virginia Department of Social Services for the Employee Advancement for TANF Participants grant under the Temporary Assistance to Needy Families (TANF) Project, to be used for the payment of services from the provider agencies that compris,e' the Southwest Virginia Regional Employment Coalition for the term extending from December 1, 2007, through September 30, 2008, as more particularly described in the letter of the City Manager to Council dated December 3, 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 additional funding, all such documents to be approved as to form by the City Attorney. 3. The City of Roanoke is hereby authorized to be the fiscal agent for distribution of the grant funds. 4. 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: ~1'h.~ Stephanie M. Moon, CMC City Clerk u~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF RQANOKE, VIRGINIA, The'3rd dc3.Y of December, 2007. No. 37969-120307. 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 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 86 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 SWVA Regional Employment Coalition FY08 35-630~8859-201 0 $ 399,000.00 35-630-8859-8859 399,000.00 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'ne~ Stephanie M. Moon, CMC City Clerk ~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 2007. No.3 7970-120307. AN ORDINANCE to appropriate funding to be provided by the Series 2008 Bonds to the Williamson Road and Melrose Avenue Fire-EMS Stations, transfer funding from various capital projects to the Williamson Road Fire-EMS Station project, and to appropriate funding from the sale of the Williamson Road Fire- EMS Station amending and reordaining certain sections of the 2007-2008 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. I I I 87 I 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 Fire-EMS Station #3 - Williamson Road 08-530-9539-9970 $ ( 1,078,469.00) Fire-EMS Station #5 - Melrose Avenue 08-530-9539-9975 (2,731,531.00) Appropriated from General Revenue 08-530-9567-9003 96,897.00) Appropriated from General Revenue 08-530-9678-9003 50,000.00) Appropriated from 2008 Bond Funds 08-530-9680-9199 2,731,531.00 Appropriated from General Revenue 08-530-9681-9003 543,667.00 Appropriated from 2008 Bond Funds 08-530-9681-9199 1,078,469.00 Appropriated from General Revenue 08-530-9821-9003 ( 1 50,000.00) I Appropriated from General Revenue 08-530-9845-9003 ( 75,770.00) Revenues Sale of Fire-EMS Station #3 - Williamson Road 08-530-9681-9650 171,000.00 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.~ Q~~ Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor I 88 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA l-- I The 3rd day of December, 2007. No. 37971-120307. AN ORDINANCE authorizing the proper City officials to execute a Performance and Loan Agreement among the City of Roanoke (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and The Hancock Building, LLC (THB), providing for certain undertakings by the parties in connection with the renovation and restoration of a certain Building located at 35 Campbell Avenue, S. W.; and dispensing with the second reading by title of this Ordinance. WHEREAS, THB has proposed the renovation and restoration of a certain Building located at 35 Campbell Avenue, S. W.; WHEREAS, the restoration of three sides of the Building will require significant costs due to the nature and extent of the work needed to restore the three sides of the Building to their former condition and appearance;' WHEREAS, THB has requested an economic development loan from the I EDA to assist in the unusual expense for such restoration work, with the City to provide an appropriation of funds to the EDA; WHEREAS, City staff has advised Council that such project will benefit economic development within the City by providing more residential rental units downtown; and WHEREAS, the City wishes to encourage THB in connection with the restoration work in order to enhance and promote economic development within the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of the Performance and Loan Agreement among the City, the EDA, and THB, as set forth in the attachment to the City Manager's letter to Council dated December 3, 2007, which provides for certain undertakings and obligations by THB, as well as certain undertakings by the City and the EDA. City Council further finds that the economic development loan from the EDA, which shall not exceed a total of $880,000.00, provided for by the Performance and Loan Agreement will I promote economic development within the City. I I I 89 2. The City Manager is authorized on behalf of the City to execute a Performance and Loan Agreement among the City, the EDA, and THB, upon certain terms and conditions as set forth in the City Manager's letter to Council dated December 3, 2007. The Performance and Loan 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 and Loan Agreement, which includes assignment documents. 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: ~h1.~ Stephanie M. Moon, CMC City Clerk L~~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 2007. No. 37972-120307. AN ORDINANCE adding 97-48, Requirement of Certificate of Compliance, of Article III, Rental Certificate of Compliance, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, for the purpose of amending the" City's rental inspection program ordinance; and dispensing with the second reading by title of this ordinance. 90 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 7-48, Requirement of Certificate of Compliance, of Article III, Rental Certificate of Compliance, of Chapter 7, Building Requlations, of the Code of the City of Roanoke (1979), as amended, is hereby added to read and provide as follows: Section 7-48. Requirement of Certificate of Compliance. It shall be unlawful for any owner, managing agent or person in control of a dwelling unit located in a rental inspection district to rent or lease such a dwelling unit when such dwelling unit fails to comply with the requirements contained in this Article. 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,~ Stephanie M. Moon, CMC City Clerk c. utLd~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 rh day of December, 2007. No. 37973-121707. 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, and authorizing execution of any required documentation on behalf of the City. I I I I I I 91 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, the Bulletproof Vest Partnership Grant in the amount of $15,029.00, to be used to purchase 58 ballistic vests, such grant being more particularly described in the letter of the City Manager to Council dated December 17, 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 Attor:ney. 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: ~rn.~ Stephanie M. Moon, CMC City Clerk c UeQtYoMob. c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2007. No. 37974-1'21707. AN ORDINANCE to appropriate funding from the federal government for the Bulletproof Vest Partnership 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 Wearing Apparel 35-640-3424-2064 Revenues Bulletproof Vest Partnership Grant FY08 '35-640-3424-3424 $ 15,029.00 15,029.00 92 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, CMC City Clerk c Ve(Lctt~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2007. No. 37975-121707. A RESOLUTION endorsing the Carvins Cove Natural Reserve Park Management Plan dated December 17, 2007. WHEREAS, the Carvins Cove Natural Reserve Park Management Plan (the "Plan") was presented to City Council for the City of Roanoke on December 3, 2007; WHEREAS, City Council considered whether to endorse the Plan on December 17, 2007; and WHEREAS, the Plan updates and supersedes the 2000 Carvins Cove Land Use Plan. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby endorses the Carvins Cove Natural Reserve Park Management Plan dated December 17, 2007. APPROVED ATTEST: ~~rn.~ChV ~ Stephanie M. Moon, CMC City Clerk c.~~ C. Nelson Harris Mayor I I I I I I 93 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2007. No. 37976-121707. A RESOLUTION adopting a policy for the naming and renaming of City buildings, streets, parks, and other facilities. WHEREAS, Council has no established policy for the naming or renaming of City-owned facilities, such as buildings, streets, and parks, and is desirous of adopting such a policy. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Any City-owned facility, such as a building, street, bridge, tunnel, or park ("facility")' may be named or renamed: a) After a geographic area where the facility is located; b) After an individual or family; c) To reflect the historical significance of the facility; or d) To reflect the function of the facility or of offices within or near it. 2. In naming or renaming a facility after an individual or family, Council may consider naming it after: a) A noteworthy public figur~ or official; b) A person of historical or cultural significance (at the local, state, or national level); c) Special benefactors of the City; or d) A person or family particularly identified with the facility. Individuals should be deceased for at least one year before a facility is named or renamed after them. Council, however, may waive this provision in order to recognize the outstanding contributions of a living person. 94 3. In naming or renaming parks, Council: a) Shall consider any recommendation made by the Director of Parks and Recreation; b) May name or rename the park after one of the following: the region or area of the City in which the park is located; geo"graphic features of the park; the name of the donor of the park or one who has made significant contributions towards its development; or significant historic figures; c) May name or rename smaller neighborhood parks after deceased individuals, and large regional parks after their geographic locations; d) May name or rename recreational facilities (such as athletic fields within a park) after persons who have made a significant contribution to the City to improve either the City or the specific recreational facility. 4. Streets shall be named or renamed in accordance with the procedure set out in 930-34 of the Code of the City of Roanoke. Street names should relate to (i) the area in which the street is located; (ii) some historical relationship of the name to the street, (iii) the name of a deceased person connected to the area, or (iv) any other suitable name that Council determines to be fitting, practical, and in compliance with any other City street-naming guidelines. 5. The procedure for considering requests for the naming or renaming of facilities shall be as follows: a) Any citizen, Council member, or elected or appointed official may initiate a request by filing with the City Manager such request, stating the reasons for the request. b) The City Manager shall review the request for consistency with this policy, and shall forward the request with a report to Council. c) If the facility is under the direction and control of a City department, the director of the department shall be consulted. I I I I I I 95 d) Council will approve the naming or renaming of any facility by resolution. e) In renaming facilities, Council will not rename them just for the sake of changing the name. f) Nothing in this policy is intended ~o prohibit the City from entering into agreements naming or renaming facilities as part of a sponsorship or naming rights contract. APPROVED ATTEST: ~~M'~ Stephanie M. Moon, CMC City Clerk C14L~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2007. No. 37977-121707. AN ORDINANCE to appropriate funding from the developer's share of project funding for traffic signal reconstruction at the Franklin Road and Wonju Street intersection, 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 Revenues Franklin Road/Wonju Street Intersection- Developer Donation 08-530-9562-9003 $ 130,452.00 08-530-9562-9525 130,452.00 96 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. I APPROVED ATTEST: ~~'M.~~ -Stephanie M. Moon, CMC City Clerk (2. UeRcH~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2007. No. 37978-121707. AN ORDINANCE to_ transfer funding from the Farmer's Market Awning project to the Market Building Renovations project, amending and reordaining I certain sections of the 2007-2008 Capital Projects and Market Building 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 Market Building 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 Transfer to Market Building Fund 08-610-9135-9003 08-530-9712-9504 $ (148,917.00) 148,917.00 Market Building Fund Appropriations Appropriated from General Revenue Revenues Transfer from Capital Projects Fund 09-610-8136-9003 148,917.00 09-110-1234-1237 148,917.0q I 97 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: ;m.~ c. tW~~ c. Nelson Harris Mayor Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2007. No. 37979-121707. I AN ORDINANCE to transfer funding from the Emergency Generator project to the Patrick Henry High School project, amending and reordaining certain sections of the 2007-2008 General, Capital Projects and School Capital Projects Funds Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 General, Capital Projects and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Capital Projects Fund 01-250-9310-9508 $ (122,078.00) Transfer to School Capital Projects Fund 01-250-9310-9531 122,078.00. Caoital Proiects Fu nd Appropriations CMERP - Equipment Purchases 08-520-9542-9132 ( 122,078.00) Revenues Transfer from General Fund 08-110-1234-1356 ( 122,078.00) School Capital Proiects Fu nd Appropriations I CMERP - Equipment Purchases 31-065-6066-9132 122,078.00 Revenues Transfer from General Fund 31-110-1234-1356 122,078.00 98 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. I ~. ~ TTEESS~.:: . . ~m.~&N Stephanie M. Moon, CMC City Clerk APPROVED ~ UeQwtt~ C. Nelson Harris Mayor , IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2007. No. 37980-121707. AN ORDINANCE to appropriate funding from the Commonwealth and Federal governments as well as from donations and fees, amending and reordaining certain sections of the 2007-2008 School Fund Appropriations, and I 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 Teacher Stipends Social Security Contracted Professional Development Printing Expenses Staff/Consultant Travel Evaluation Services Instructional Materials Equipment Visiting Teachers Instructional Materials Teachers Coordinators Psychologist 30-061-6144-0129-6000 30-061-6144-0201-6000 30-061-6144-0313-6000 30-061-6144-0351-6000 30-061 -61 44-0551 -6000 30-061-6144-0584-6000 30-061-6144-0614-6000 30-061-6144-0821-6000 30-061-6281-0123-6231 30-061-6281-0613-623,1 30-062-6519-0121-6453 30-062-6519-0124-6453 30-062-6519-0132-6453 $ .124,485.00 10,605.00 (101,857.00) (15,600.00) 6,500.00 16,234.00 165,509.00 63,996.00 221.00 (28.00) 205,697.00 28,060.00 (28,060.00) I 99 I Retiree Health Credit 30-062-65019-0200-6453 13,900.00 Social Security 30-062-6519-0201-6453 72,624.00 State Retirement 30-062-6519-0202-6453 212,i11.00 Contracted Health Services 30-062-6519-0311-6553 (390,114.00) Contracted Psychologist Intern 30-062-6519-0331-6553 (18,000.00) Travel 30-062-6519-0554-6553 8,000.00 In-service 30-062-6519-0587-6553 (7,000.00) Supplies 30-062-6519-0614-6553 (75,331.00) Equipment 30-062-6519-0821-6553. 6,435.00 Substitutes 30-062-6521-0021-6554 (1,000.00) Principal 30-062-6521-0126-6554 19,320.00 Education Coordinators 30-062-6521-0138-6554 12,193.00 Clerical 30-062-6521-0151-6554 11,721.00 Retiree Health Credit 30-062-6521-0200-6554 473.00 Social Security 30-062-6521-0201-6554 3,040.00 State Retirement 30-062-6521-0202-6554 8,755.00 Health Insurance 30-062-6521-0204-6554 (17,116.00) Group Life Insurance 30-062-6521-0205-6554 (149.00) I Indirect Costs 30-062-6521-0212-6554 2,146.00 Instructional Materials 30-062-6521-0614-6554 (1,000.00) Equipment 30-062-6521-0821-6554 1,000.00 Special Education Teacher 30-062-6523-0121-6554 1,269.00 Visiting Teacher 30-062-6523-0123-6554 5,540.00 Secretary 30-062-6523-0151-6554 (1,860.00) Retiree Health Credit 30-062-6523-0200-6554 887.00 Social Security 30-062-6523-0201-6554 379.00 State Retirement 30-062-6523-0202-6554 .2,293.00 Health Insurance 30-062-6523-0204-6554 (162.00) Group Life Insurance 30-062-6523-0205-6554 (80.00) Instructional Materials 30-062-6523-0614-6554 (3,298.00) Tournament Attendance 30-062-6623-0129-6108 5,000.00 Social Security 30-062-6623-0201-6108 200.00 Tournament Fees 30-062-6623-0332-6108 1,800.00 Mileage 30-062-6623-0551-6108 500.00 Tournament Travel 30-062-6623-0554-6108 8,000.00 Coordinator 30-062-6708-0121-6138 3,219.00 Retiree Health Credit 30-062-6708-0200-6138 405.00 I Social Security 30-062-6708-0201-6138 (181.00) State Retirement 30-062-6708-0202-6138 3,069.00 Health Insurance 30-062-6708-0204-6138 1,290.00 100 Group Life Insurance 30-062-6708-0205-6138 636.00 Part Time Instructors 30-062-6708-0313-6138 2,165.00 I Teacher 30-062-6709-0121-6138 (57,101.00) Professional Development 30-062-6709-0129-6138 26,459.00 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) Travel 30-062-6709-0554-6138 15,000.00 Other Charges 30-062-6709-0614-6138 (24,646.00) Technology Education Equipment 30-062-6709-0821-6138 89,005.00 GED Examiners 30-062-6711-0121-6550 4,625.00 Social Security 30-062-6711-0201-6550 375.00 Instruction and Assessment 30-062-6712-0121-6451 4,646.00 Social Security 30-062-6712-0201-6451 354.00 GED Examiners 30-062-6714-0121-6550 2,852.00 GED Counselor 30-062-6714-0123-6550 4,124.00 I Administrative Assistant 30-062-6714-0151-6550 1,915.00 Social Security 30-062-6714-0201-6550 541 :00 Outreach 30-062-6714-0361-6550 4,600.00 Testing Fee Tuition 30-062-6714-0382-6550 (9,550.00) Supplies 30-062-6714-0614-6550 (2,482.00) Secondary Teachers 30-062-6914-0121-6100 18,661.00 Teacher Aides 30-062-6914-0141-6100 (2,332.00) Retiree Health Credit 30-062-6914-0200-6100 481.00 Social Security 30-062-6914-0201-6100 (376.00) State Retirement 30-062-6914-0202-6100 193.00 Health Insurance 30-062-6914-0204-6100 1,530.00 Group Life Insurance 30-062-6914-0205-6100 (160.00) Contracted Services - Salem City 30-062-6914-0311-6100 (16,852.00) Purchased Services 30-065-6622-0381-6669 90,621.00 Supplies 30-065-6622-0615-6669 90,621.00 Communications Equipment 30-065-6622-0823-6669 90,621.00 Data Processing I Equipment 30-065-6622-0826-6669 90,621.00 I I I 101 Revenues Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts State Grant Receipts State Grant Receipts Donations State Grant, Receipts Fees Federal Grant Receipts Fees Fees State Grant Receipts State Grant Receipts Corporate Fee Receipts 30-061-6144-1102 30-061-6281-1102 30-062-6519-1102 30-062-6521-1100 30-062-6523-1100 30-062-6623-1103 30-062-6708-1100 30-062-6708-1103 30-062-6709-1102 30-062-6711-1103 30-062-6712-1103 30-062-6714-1100 30-062-6914-1100 30-065-6622-1103 269,872.00 193.00 28,322.00 39,383.00 4,968.00 15,500.00 4,500.00 6,103.00 24,169.00 5,000.00 5,000.00 2,000.00 1,145.00 362,484.00 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: W~m.~Ok) Steplianie M. Moon, CMC City Clerk Q, C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2007. No. 37981-121707. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of Official Tax Map No. 1112411, located at 301 6th Street, S. W. (former Fire Station #3), to Bella Vita Holdings, LLC, and dispenSing with the second reading of this ordinance. WHEREAS, a public hearing was held on December 17, 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. 102 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 Bella Vita Holdings, LLC, of a parcel of City-owned property, being Official Tax No. 1112411, located at 301 6th Street, S. W., for the consideration of $171,000.00, upon the terms and conditions set forth in the City Manager's letter to this Council dated December 17, 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: ~'m.~ Stephanie M. Moon, CMC City Clerk ~~ ~~wvwb C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2007. No. 37982-121707. 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, and dispensing with the second reading of this ordinance by title. WHEREAS, Roanoke Electric Steel, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 100 Westside Boulevard, N. W., bearing Official Tax No. 6021102, rezoned from 1-2, Heavy Industrial District, to 1-1, Light Industrial District; I I I I I I 103 , 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 December 17, 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, 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. TH,EREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No. 6021102-, located at 100 Westside Boulevard, N. W., be and is hereby rezoned from 1-2, Heavy Industrial District, to 1-1, Light Industrial District, as set forth in the Zoning Amendment Application No.1 dated October 23, 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: c. \{~~~ . :'rc\. ~&-.v Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor 104 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 17th day of December, 2007. No.3 7983-121707. AN ORDINANCE exempting from real estate property taxation certain real property, and exempting from personal property taxation certain personal property located in the City of Roanoke of the Art Museum of Western Virginia, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, the Art Museum of Western Virginia, (hereinafter "the Applicant"), has petitioned this Council to exempt certain real property of the Applicant from taxation pursuantto Article X, Section 6(a)(6) of the Constitution of Virginia; , WHEREAS, the Art Museum of Western Virginia, has petitioned this Council to exempt certain personal property of the Applicant from taxation pursuant to Article X, Section 6(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petitions was held by Council on December 17, 2007; I WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; 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. 4010205, commonly known as 110 Salem Avenue, S. E., and certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 4010701, commonly known as 302 and 312 Campbell Avenue, S. 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; " 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, as well as a service district charge, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the I Property is exempted from such taxation; and I I I 105 WHEREAS, the Applicant agrees that the personal property to be exempt from taxation is certain personal property, including a vehicle, furniture and fixtures which shall be used by the Applicant exclusively for charitable purposes on a non-profit basis. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates the Art Museum of Western Virginia as a charitable or benevolent organization within the context of Sections 6(a)(6) and 6(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 4010205, commonly known as 110 Salem Avenue, S. E., and certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 4010701, commonly known as 302 and 312 Campbell 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, as well as a service district charge, which would be applicable to the Properties, were the Properties not exempt from such taxation, for so long as the Properties are exempted from such taxation. 3. Council hereby exempts from personal property taxation certain personal property, including a vehicle, furniture and fixtures owned by the Applicant, which property is used exclusively for charitable purposes on a non- profit basis; continuance of this exemption shall be contingent on the continued use of the personal property in accordance with the purposes which the Applicant has designated in this Ordinance. 4. 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. 5. 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 Georganne C. Bingham, Executive Director, Art Museum. of Western Virginia. 106 6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ACCEPTED, AGREED TO AND EXECUTED by Art Museum of Western Virginia, this ____ day of ________________, 200___. I ART MUSEUM OF WESTERN VIRGINIA By Georganne C. Bingham, Executive Director APPROVED ATTEST: ~m.~~ Stephanie M. Moon, CMC City Clerk (2.. tA~tV~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY, OF ROANOKE, VIRGINIA, The 17th day of December, 2007. I No. 37984-121707. AN ORDINANCE amending and reordaining 936.2-100, Title, 936.2-205, Dimensional regulations, 936.2-314, Commercial Districts (CN. CG. CLS), 936.2- 332, Neighborhood Design Overlav District (ND), 936.2-340, Use matrix, 936.2- 403, Accessory uses and structures, 936.2-510, General procedural requirements, 936.2-521, General applicabilitv, 936.2-541, Conditional rezonings, 936.2-552, Basic development plans, 936.2-553, Comprehensive development plans, 936.2-621, Applicabilitv, 936.2-622, Exempt IiQhting, 936.2-623, Definitions, 936.2-624, Liqhting plan, 936.2-625, Outdoor Iightinq standards, 936.2-642, General landscaping and screeninq materials, 936.2-645, Street yard trees, 936.2-646, Facade planting, 936.2-647, Buffer yards, 936.2- 649, Screening of specific uses and facilities, 936.2-653, Maximum 'off-street parking, 936.2-654, Off-street parking area standards, 936.2-668, Tvpes and number of on-premises . signs, 936.2-676, On-premises signs for nonconforming uses in residential districts, 936.2-815, Officers: agent: staff: special requests, 936.2-825, Officers: agent: staff, 936.2-835, Officers: staff, Appendix A, Definitions, and Appendix B, Submittal requirements, of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as amended, for the purpose of updating and clarifying the City's zoning ordinance; and dispensing with the second reading by title of this ordinance. I I I I 107 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 36.2-100, Title, of Article 1, General Provisions, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 36.2-100. Title. This Chapter shall be known, cited, and referred to as the Zoning Ordinance" and shall include all provisions contained herein, together with the City's zoning map. (a) The location and boundaries of the zoning districts established by this Chapter shall be as shown upon a series of certain electronic maps entitled "Official Zoning Map, City of Roanoke, Virginia," dated December 5, 2005, as amended, which are maintained by the Department of Planning, Building and [conomic Development and are hereby made a part of this Chapter. Such maps, together with all notations, references, and other information shown thereon, and all amendments thereto, shall be referred to in this Chapter as the "Official Zoning Map." (b) Upon the adoption of ordinances amending the Official Zoning Map, the City Clerk shall forward to the Department of Planning, Building and [conomic Development attested copies of such ordinances. Upon receipt of these ordinances, the Department of Planning, Building and [conomic Development shall amend the Official Zoning Map. 2. Section 36.2-205, Dimensional requlations, of Article 2, Zoning Districts, of Chapter 36.2, Zoning, 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 regulations. (i) Yards - Corner lots. (1) In the case of a corner lot with two (2) street frontages, in the R-7, R-5, and,R-3 Residential Single-Family Districts and the RM-1 and RM-2 Residential Mixed Density Districts, minimum front yard depths shall be determined as follows: (A) One front yard shall be provided pursuant to the requirements of Section 36.2-205(f)(2); and 108 (B) A second front yard shall be provided of at least one-half the minimum front yard depth required pursuant to subsection (A), abo"ye by the applicable zoning district, but not to be less than ten (10) feet. I (3) In the case of a corner lot with more than two (2) street frontages in the R-7, R-5, and R-3 Residential Single-Family Districts and the RM-1 and RM-2 Residential Mixed Density Districts, minimum front yards shall be provided as follows: (A) Two (2) front yards shall be provided pursuant to Section 36.2- 205(f)(2); and (B) Additional front yards shall be provided of at least one-half (1/2) the minimum front yard depth required pursuant to subsection (A) above by the applicable zoning district, but not to be less than ten (10) feet. U) Yards - Through lots. (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, two (2) one (1) front yard ~ shall be provided pursuant to Section 36.2-205(f)(2), and one (1) front yard shall be provided pursuant to the minimum front yard requirement of the applicable zoning district. I 3. . Section 36.2-314, Commercial Districts (CN, CG, CLS), of Division 1, Base Districts Residential, Commercial, and Industrial, 936.2-332, Neighborhood Design Overlay District (ND), of Division 3, Overlay Districts, and 936.2-340, Use matrix, of Division 4, Use Matrix, of Article 3, Regulations for Specific Zoning Districts, 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 36.2-314. Commercial Districts (CN. CG. CLS). (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 pit"yement permeable paver system. I I I I 109 Section 36.2-332. Neiqhborhood Desiqn Overlay District (N'D). (b) Applicability. (1 ) The City Council may, in the manner provided for amending this chapter, pursuant to the procedures set forth in Section 36.2-540, apply the Neighborhood Design Overlay District (ND) to areas of the City that are designated Rehabilitation and Conservation Areas. The regulations of this section shall apply to the construction of, an addition to, or the exterior modification of a dwelling in a designated NO Overlay District. ne'N d'vv'ellings, ne'vv accessory buildings, or expansions of existing d'v"liellings in a designated ND Overlay District. (c) Design standards. In considering an application for a zoning permit, the Zoning Administrator shall apply the following standards for construction of, an addition to, or the exterior modification of a dwelling in the Neighborhood Design Overlay District (NO): a nevv' 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: (B) A new dwelling shall have two (2) stories above the grade of the front yard where lots on both sides have two-story dwellings. A new dwelling shall ha've one (1) story where lots on both sides have one story dwellings. INhere no dwelling. exists on either or one (1) side, the number of stories shall be the same as the majority" of dwellings on the same side of the same block. ror the purposes of this section, a story shall be a finished floor level 'v,iith at least seven hundred (700) square f~et that is at or above the grade of the front yard. (2) Roofs: (B) The roof of a new dwelling~ main roof form shall have a minimum of three surfaces, complex roof form such as a hipped, intersecting, off5et, or dornlered roof, except where the gable end faces the street and a porch extends the full width of the dwelling, the roof covers a full width porch, in which case the roof may have a simple two-surface configuration. 110 (C) Eave and gable overhangs for all new dwellings and additions to dwellings shall be at least twelve (12) inches. However, an addition to an existing dwelling shall not be required to have overhangs wider than those of the existing dwelling. I (E) Above-grade entrances on a building faf;ade facing a required front yard the front or side of a d"v'v'elling shall be covered with a roof with a minimum width and depth of thirty-six (36) inches. (3) Entrances and windows: (A) The dwelling shall have at least one (1) entrance facing the primary front yard. The number of doors facing the primary front yard shall be limited to one (1) door for every eighteen (18) twenty (20) feet of dwelling width. Single- and two-family dwellings may have two entrances facing the primary front yard regardless of dwelling width A second entrance facing the primary front yard may be included on a side of a single family or t'ti~O family dwelling if the second entrance is recessed at least six (6) feet behind the main front entrance. I (F) All stairs facing a required front yard shall have solid risers. (G) A sidewalk at least four (4) feet in width shall be provided between the front porch of a new dwelling and the street. The sidewalk shall be constructed of an impervious material customarily used for sidewalks in the district. (4) Siding and trim: (A) The siding of any dwelling or accessory structure, exclusive of trim materials, shall not be oriented vertically. oriented. I I I I 111 (B) Windows and doors shall be surrounded by trim which is at least three and one-half (3 1/2) inches wide, except for dwellings with masonry veneer siding, in which case no trim around doors or windows is required. However, an addition to or modification of an existing dwelling shall not be required to have window and door trim that is wider than that of the existing dwelling. (C) Vertical corner boards at least three and one-half (3 1/2) inches wide shall be provided on all dwelling corners, except where the dwelling has a masonry veneer. siding n,aterial is brick or stucco. (D) Aft Any exterior wooden elements on a dwelling's faf;ade facing a required front yard of the d"vvelling shall be painted or be stained with an opaque stain. (5) Porches: (A) Single- and two-family dwellings shall have a covered front porch at least one-half (1/2) the width of the dwelling's fa<;ade, and having w+th a depth of at least six (6) feet. The front porch shall face the primary front yard. (D) Front porch columns shall be uniform in shape and style and shall be at least five and one half (5 tfr) inches wide at their bottom and top. Front porch columns shall have a base and cap that are at least one (1) inch thick and are at least 120 percent of the width of the column. (E) The underside of front porches and stairways between pier supports and the underside of exterior stairways shall be enclosed. (6) Additions and accessory structures: tAt Detached accessory buildings, including garages and carports, shall be located behind the back of the d"v"v'elling. 112 fB7(A)An attached garage or carport shall be offset at least twenty-four (24) inches behind the front facade of the I dwelling. The bay door of an attached garage shall not face the primary front yard. ~(B)An addition to an existing dwelling shall be located on the rear or side of the dwelling, except a porch may be added to the front of the dwelling. An addition to the side of a dwelling shall be set back from the dwelling's front face by twenty-four (24) inches or more. 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 Key: "P" means permitted as of right as a principal use; "S" means permitted by special exception as a principal use; A blank cell means prohibited. Under ''Accessory Uses, " ''A'' means permitted as an accessory use; "S" means permitted by special exception as an accessory use; and a blank cell means rohibited. >- >- >- >- III res ~ E E E ~ ~ u.. res res res Cl ::J , u.. u.. u.. +-'aJ", aJ ::J 01 aJ aJ aJ X U s:::: 01 01 01 .- ~ V1 !:: !:: !:: :::;;! <( V1 V1 V1 res res I .., -p s:::: s:::: aJ Q) ~~ I 01 ::J aJ ~ Z aJ +-' l./) ~ Q) Q) 01 s:::: ~ Q) res LJ-;-l I +-' U III III III III Q) aJ aJ aJ c:::: c:::: c:::: c:::: - , <(_('..LI"\m:::;;! c:::: Q:: Q:: Q:: Q:: c:::: res res u u ~ ~ Q) Q) E E ~ E E c:::: 0 0 u..uu :::;;! Z LJ c::::UU ~ +-' VI Use Cl aJ res III s:::: ::::> 0 Cl s:::: ::::> Cl 0.. ::::> Z 0.. I Assembly and Entertainment Amphitheater p P I I I I 11 3 4. Section 36.2-403, Accessory uses and structures, of Article 4, Supplemental Requlations, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 36.2-403. Accessory 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, the following setback and spacing requirements shall apply to accessory structures: (2) Accessory structures shall be located no closer to any public street than the principal building, except as set forth in (A) and (B) below, provided such exceptions set forth in (A) and (B) below shall not apply to refuse dumpster enclosures. 5. Section 36.2-510, General procedural requirements, of Division 1, Generally, 936.2-521, General applicability, of Division 2, Administrative Permits, 936.2-541, Conditional rezonings, of Division 4, Zoning Amendments and Conditional Rezoninq, 936.2-552, Basic development plans, and 936.2-553, Comprehensive development plans, of Division 5, Development Plans, of Article 5, Procedures, 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 36.2-510. 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. 114 (1) Application materials: Current application materials shall be I made available in the Department of Planning, Building and [conolflic Development. Applications shall be accompanied by payment of all fees and charges as set forth in the fee schedule established by the City Council. Applications that require a public hearing or public meeting pursuant to this Chapter or the Code of Virginia (1950), as amended, shall be filed by a deadline as established by the applicable commission or board. Section 36.2-521. General applicabilitv. No development may be undertaken unless all applicable permits are issued in accordance with this Chapter. At a minimum, no development may occur until a zoning permit has been obtained from the Zoning Administrator and a building permit is obtained from the Department of Planning, Building and [conomic Development. Section 36.2-541. Conditional rezonings. (f) Recording of conditions. The Official Zoning Map shall show by an appropriate symbol on the map the existence of conditions attached to the zoning district designation on the map. The Zoning Administrator shall keep in the Department of Planning, Building and [conomic Development and make available for public inspection a conditional zoning index. Such index shall provide ready access to each ordinance creating such conditions. The index shall also provide ready access to all proffered cash payments and expenditures disclosure reports prepared by the City Council pursuant to Section 15.2-2303.2, Code of Virginia (1950), as amended. The Zoning Administrator shall update the index annually and no later than November of each year. I Section 36.2-552. Basic development plans. (a) Applicability. In those circumstances where one of the following activities is proposed, and where the provisions of Chapter 11.4, Stormwater Management, of this Code are not applicable, a A basic development plan shall be submitted with all zoning permit applications: in the follo'v"~ing cases: I I I I 11 5 (1) Construction, reconstruction, moving, or addition to a single- family detached dwelling or permitted accessory structure and including associated grading and clearing, when development is not in conjunction with the construction, reconstruction, moving or addition to another single-family detached dwelling or permitted accessory structures on the same lot or on an adjacent lot under the same ownership at the time of application; or (2) Construction, reconstruction, moving, or addition to a two- family dwelling and including associated grading and clearing, when development is not in conjunction with the construction, reconstruction, moving, or addition to other two-family dwellings on the same lot or on an adjacent lot under the same ownership at the time of application; or (3) Additions to buildings or intensification of uses not exceeding ten (10) percent of the floor area of a building and where the number of required parking spaces is increased no more than three (3) spaces; or (4) Additions of up to, but not more than, four (4) parking spaces; or (5) Additions of less than two thousand (2,000) square feet of impervious surfaces other than rooftops or parking areas. Section 36.2-553. Comprehensive Development Plans. (d) Approval criteria. (1) The comprehensive development plan shall comply with all applicable requirements of this Chapter. (2) Where erosion and sediment controls for the development are required by the provisions of Chapter 11.1, Erosion and Sediment Control, of this Code, an erosion and sediment control plan shall be implemented. The design of all drainage improvements shall conform to Chapter 77.4, t+:-2-; Stormwater Management, of this Code. 116 6. Section 36.2-621, Applicability, 936.2-622, Exempt lighting, 936.2- 623, Definitions, 936.2-624, Lighting plan, 936.2-625, Outdoor lighting standards, of Division 2, Outdoor Liqhtinq, 936.2-642, General landscaping and screeninq materials, 936.2-645, Street yard trees, 936.2-646, Facade planting, 936.2-647, Buffer yards, 936.2-649, Screening of specific uses and facilities, of Division 4, Landscaping and screeninQ, 936.2-653, Maximum off-street parkinQ, 936.2-654, Off-street parkinQ area standards, of Division 5, Off-Street ParkinQ and Loading, 936.2-668, Types and number of on-premises siQns, and 936.2- 676, On-premises siQns for nonconforming uses in residential districts, of Division 6, Signs, of Article 6, Development Standards, 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 36.2-621. Applicability. (a) The regulations of this Division shall apply to the installation or replacement of any outdoor lighting installed or replaced in association with: (1 ) A basic development plan; (2) A comprehensive development plan; (3) The erection of a new light support structure exceeding eight (8) feet in height in any zoning district; (4) New flood lights or spot lights attached to existing structures in residentially zoned districts; or (5) New lighting fixtures attached to existing structures in non residentially zoned districts. (b) The routine servicing or lanlp replacement maintenance of any existing outdoor lighting fixture, such as changing lamps or light bulbs, ballast, starter, photo control, housing, lenses and other , similar components, does not constitute replacement and shall not be subject to the requirements of this Division. I I I I I I 11 7 Section 36.2-622. Exempt liqhting. The following outdoor lighting shall be exempt from the requirements of this Division: (c) Accent directional lighting to emphasize the facade of a building or other architectural elements, provided tney are such lighting is aimed so as to preclude light projection beyond the immediate objects intended to be illuminated. Section 36.2-623. Definitions. The words, terms, and phrases used in this Division shall be defined as set forth in this section and in Appendix A. For the purposes of this Division, to the extent of any inconsistency between Appendix A and this section, the definitions provided in this section shall control. Flood or spot light: A forn, of lignting, "v"Vitn reflecting or refracting elements, designed to direct its output in a specific direction. Any lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction. A floodlight is a fixture designed to flood a well-defined area with light. A spotlight is a lighting 'assembly designed to direct and concentrate the output of a contained lamp in a specific tightly focused direction (generally a directed beam of less than 25 degrees in a particular, direction) with a reflector (or refractor) located external to the lamp. Fully shielded fixture: Lighting fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the a horizontal plane running through the lowest point of the lighting fixture where light is emitted. The lamp or any optical part (a reflector, prismatic lens or a clear nonprismatic lens) is not visible fron, tne side of a luminaire (or an'f angle above) at or above a horizontal plane running through the lowest point on the lighting fixture where light is emitted if it is fully shielded. Shielding devices may include internal or external louvers. House shield. A manufacturer provided attachment to the lighting fixture which interrupts and blocks the path of light emitted from a lighting fixture. 118 Light trespass: Light emitted by an eoutdoor lighting fixture that falls falling beyond the lot lines of the use it is intended to serve property on which I the fixture is located and spilling spills over and shining shines onto adjacent properties and public rights-of-way. Replacement of outdoor lighting: A change of lighting fixture type, or a change to the mounting height or the location of the fixture. Section 36.2-624. Lightinq plan. 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 'y'lihich 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), and (e) 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 required lighting plan shall contain, but shall not necessarily be limited to, all of 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. (a) Site plan, drawn to scale, ~ indicating the location on the lot of all outdoor lighting fixtures, both proposed and any already existing on the lot freestanding, building-mounted, and canopy lighting; (b) The mounting heights of all proposed outdoor lighting fixtures, 00th pole-mounted, -a-nd building-mounted, and canopy lighting, and the heights of any support structures; (c) A Manufacturer's specifications and details description of for all proposed outdoor lighting fixtures, poles or other supports, and shielding devices, which description shall include manufacturer and model number and manufacturer's catalog cut sheets, specifications, and illustrations which clearly describe and illustrate the fixture and any pole or support, provide a section of the fixture I I I I I 11 9 illustrating the lamp, socket, and reflector locations, provide a description of any shielding devices, and illustrate the 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; anef- (d) A profile showing the angle at which the proposed outdoor lighting fixture will be mounted to the support structure:; and (e) Drawings of all relevant building elevations showing the location and mounting heights of any building-mounted lighting fixtures. Section 36.2-625. Outdoor IightinQ standards. (a) Generally. (1) All outdoor lighting shall be located, aimed, and shielded so as not to present glare on abutting lots or public streets and to minimize spill light trespassing across lot lines. (2) No outdoor lighting shall be permitted which shines directly into abutting residential dwelling units, buildings on adjacent lots, or abutting public streets, or for which the point source of illumination (arc tube) is visible at the property line. (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 'v'isible from any abutting lot. (6) Electrical feeds to lighting standards shall run underground, not overhead. (7) Building-mounted uplighting is permitted only if the light distribution from the fixture is effectively contained by an overhanging architectural element which can functionally contain or limit illumination beyond the roof of the building. (b) Shielding. 120 (2) All canopy lighting shall be fully shielded or fully recessed so the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy. Lights shall not be mounted on the top or sides (fascia) of the canopy. I (3) Wallpacks shall be installed and fully shielded. in such a manner that they effectively comply with the standards of Section 36.2 62S(a). (c) Mounting heights: (1) Pole-mounted lighting: Lighting fixtures mounted onto a pole or any structure intended primarily for the mounting of lighting shall be subject to the following height regulations: not exceed a height of fifty (SO) percent of the distance of the light pole to the lot line as measured in a horizontal plane, or a maximul'n height of forty (40) feet, whichever is lovier, except as provided below: (A) In all residential districts, the MX, Mixed Use District, and the I IN, Institutional District, pole-mounted lighting shall be located no closer than ten (70) feet to any lot line and shall not exceed eighteen (78) feet in height, measured from the lowest light emitting part of the fixture to the adjacent grade. Lighting for tennis courts or s'v'v'imming pools 011 residentially zoned lots shall not exceed twenty (20) feet above court or pool deck surface. (B) In nonresidential all zoning districts, other than those set forth in subsection (A) above, heights pole-mounted lighting shall not exceed thirty-five (35) feet in height, measured from the lowest light emitting part of the fixture to the adjacent grade, provided that any lighting fixture within thirty (30) feet of an abutting lot line of a residentially zoned property is equipped with a house shield which side shields the light fixture on the side of the residentially zoned lot. greater than fifty (SO) percent of the distance from the light pole to the lot line as measured in a horizontal plane but no greater than forty (40) feet shall be permitted provided the light fixture is side shielded on the side of the lot line. I I I I 1 21 /-.. ,,'- (2) Flood or spot lights mounted to residential dwellings or accessory buildings in residential districts: Flood or spot lights attached to single-family, and two-family, multifamily, and townhouse dwellings or accessory buildings in residential districts shall not exceed the height of the eaves. Section 36.2-642. Gen'erallandscapinq and screeninQ materials. (b) Planting materials. Where landscaping is required by this Division, the following standards shall apply: (2) Where evergreen or deciduous shrubs are required by this Division, such shrubs shall have a minimum height of t"1I"tt"enty four. (24) eighteen (18) inches at. the time of planting. Section 36.2-645. . Street yard trees. Deciduous trees, as set forth in Section 36.2-642, Table 642-1, shall be provided between the building line and any public street right-of-way when such building line is twenty-five (25) feet or more from the abutting public street right-of-way. One (1) such tree shall be provided for each fifty (50) feet of lot frontage, or portion thereof, exclusive of any perimeter parking area landscaping strips as required in Section 36.2- 648(b)(5). Section 36.2-646. Facade plantinq. 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 shall be planted in the area between the street right-of-way of the public street and the principal building. 122 Section 36.2-647. Buffer yards. I Ie 647-2. Re uired Buffer Yards I 0:::: - I.l) I Zoning District of the Zoning Lot(s) 0:::: -0 /'....Vl Z::J on Which Development is Proposed '0 - a.. 0::::_ 0:::: L.L. -x N - ~ ~~ 0 ,.... ,.... 0:::: ::J I -ci a.. N O::~ - N O::J I -0:::: I -a.. Vl ~m ~ Zz l.J ...J 0 0:::: (1) RA, R-12, R-7, R-5, R-3, RM-1, ROS 2 RM-2 RMF 3 CN D, MX IN, INPUD CG (5) CLS, !pub ) 1- 1 (7) 1-2 D (9) MXPUD, INPUD, IPUD Rules of Interpretation for Table 647-2: (1) "A", "B", "C", "D", and "E": Buffer yard categories as established in Table 647-1. (2) A dash ("--") means no buffer yard shall be required. I Section 36.2-649. Screening of specific uses and facilities. In addition to the other requirements of this chapter, the following facilities and functions of uses shall be screened as follows: (a) Dumpsters and refuse containers: Refuse dumpsters and other similar refuse containers shall be screened from adjacent public streets and adjoining properties with an enclosure, pursuant to the screening regulations of Section 36.2-642(c), at a minimum height of one (1) foot above the height of the dumpster or other similar receptacle. I I I I 123 Section 36.2-653. Maximum off-street parkinQ. (c) The maximum number of off-street parking spaces permitted, as established in Section 36.2-653(a), shall not apply to parking structures or parking areas '1iv'ith pervious pavement utilizing permeable paver systems or to parking structures. Section 36.2-654. Off-street parkinq area standards. (b) Construction standards. Off-street parking areas shall comply with the following construction standards: (1) All off-street parking ar.eas shall be graded for drainage and surfaced with concrete, asphalt, bituminous pavement, brick or stone pavers, or a pervious surface paven'lent permeable paver system, except as follows: (B) The Zoning Administrator may permit gravel or a similar surface to be used in fleet or motor vehicle storage yards if the applicant establishes that dust will not be generated in an amount in excess of that which would be generated by a paved surface or pervious surface pavement permeable paver system. (d) Location standards. Off-street parking areas, and fleet or motor vehicle storage yards, shall be' subject to the follow location standards: (3) In the Neighborhood Design Overlay District (ND), off-street parking, if provided, shall be located to the rear of side of the principal bUilding beyond the building line. In the case of a corner lot, this regulation shall apply only to the bUilding line established by the primary building fa~ade. (f) Driveway standards. (1) Driveways and off-street parking spaces for single-family detached dwellings, regardless of zoning district, shall be subject to the following location and dimensional requirements, with such requirements applying to the portion of the driveway and off-street parking spaces located between the street right- of-way and the building line. established by the principal structure on the lot. 124 (C) Driveways and off-street parking spaces, except those off-street parking spaces provided in a garage or carport, shall not exceed a maximum of thirty (30) percent of the lot area between the street right-of-way and the building line; established by the principal structure on the lot; and I (D) Lot frontages of less than one hundred (100) feet shall be limited to one (1) curb cut driveway entrance. Any driveway on such lot frontage shall meet a minimum width requirement of ten (10) feet and shall not exceed a maximum width of twenty (20) feet or fifty (50) percent of the front lot line, whichever is less; and (E) For lot frontages of one hundred (100) feet or more, the total width of driveway entrances (curb cuts) shall not exceed fifty (50) percent of the lot frontage. Any driveway on such lot frontage shall meet a minimum width requirement of ten (10) feet and shall not exceed a maximum width of twenty (20) feet. Section 36.2-668. Types and number of on-premises signs. In addition to the other applicable regulations set forth in this Division, on-premises signs shall meet the dimensional, height, and setback regulations as set forth in Table 669-1. I Table 668-1. Types and Number of On-Premises Signs Permitted by Zoning Districts 1 TABLE INSET: (A) (8) (C) (D) (E) (F) (C) (H) (1) (J) (K) "0 VI CC tic\o 11l'- V) VI 0 .cc...... VlQ) 0 .....- CVI 0::: vP-+- :::> '-Q)O .Q:::> u.. 0 Z N c.. (1) "O:!:VI' - ~ 0'1:2: :::> V) , - 00 ~....~....C - LJ 0 ...J -cCO::: c.. U U - 0 <(<( '.;:;>~o~.Q 0'- x x .- E'~"O ...!. :::> c=EEE~ ...JC :2: :2: c.. ~~c.oc.~ E c.11l Z Z - .~ 0 O':!:: O~N U Q)'.;:;~tl~E Uo' ....3 >.- > Q) u....:2: c:2:~ ~:o <(LJO::: (2) Freestanding Signs, y y - y y y y y y y subject to Section 36.2-670 (3) Freestanding Sign 1 1 - 1 1 1 _3 1 1 1 Structures: Maximum number per lot front-aqe I I 125 (4) Building-Mounted Signs, Y Y - Y Y Y Y Y Y Y subject to Section 36.2-671 (5) Upper Story Wall Signs, N N - N Y Y Y N Y, N subjectto Section INPUD' 36.2-672 N, IPUD (6) Sandwich board or A- N N - N N Y, N N N N Frame signs limit (per storefront) of 1 (7) Sign Characteristics: (8) Illuminated Signs, N N - Y4 Y Y Y Y Y Y subject to Section 36.2-666 (9) Changeable CODY Siqns5 N N - Y Y Y Y Y Y N (14) Electronic Readerboards" N N N N Y N Y N Y N (10) Public Service Message N N N N N Y N N N N Boards, subject to Section 36.2-674 I I "Y" means permitted; "N" means not permitted. 2 In MXPUD, the types and numbers of permitted signs shall be determined as a component of the approval of the MXPUD District, unless otherwise not permitted as set forth in this table. 3 In CLS District, for 200 linear feet or less of lot frontage, maximum of one (1) freestanding sign; for 201 to 400 linear feet of lot frontage, maximum of two (2) freestanding signs; for 401 to 600 linear feet of lot frontage, maximum of three (3) freestanding signs; for more than 600 linear feet of lot frontage, maximum of four (4) freestanding signs. 4 Illuminated signs in the MX and IN Districts District shall not exceed fifteen (15) square feet in sign area. Any changeable copy sign shall be req'uired to abut or connect with a static sign face, and shall not exceed eighty (80) percent of the overall sign of which it is a part. 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 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. 126 Section 36.2-676. On-vremises siems for nonconforming uses in residential districts. For nonconforming, non-residential uses in residential districts, one (1) building-mounted sign shall be permitted, provided such sign shall not exceed six (6) square feet in sign area, shall not be illuminated, and shall not be a changeable copy sign or an electronic readerboard. I 7. Section 36.2-815, Officers: agent: staff: special requests, of Division 1, City Planning Commission, 936.2-825, Officers: aqent: staff, of Division 2, Architectural Review Board, and 936.2-835, Officers: staff, of Division 3, Board of Zoning Appeals, 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: Section 36.2-81 5. Officers: aQent: staff: special requests. (a) Officers; secretary; agent. (2) The Commission shall elect a Secretary to the Commission from the staff of the Department of Planning, Building and [conomic Development, whose term shall be for one (1) year, I with eligibility for re-election. (3) The Commission shall elect an Agent from the staff of the Department of Planning, Building and [conomic Development, whose term shall be for one (1) year, with eligibility for re-election. (b) Staff; special requests. (1) The Department of Planning, Building and [conOl'nic Development shall provide technical and other services as the Commission may require. Section 36.2-825. Officers: aqent: staff. (a) Officers; secretary; agent. (2) The Board shall elect a Secretary to the Board from the staff of the Department of Planning, Building and [conomic Development, whose term shall be for one (1) year, with eligibility for re-election. I I I I 127 (3) The Board shall elect an Agent from the staff of the Department of Planning, Building and [conomic Development, whose term shall be for one (1) year, with eligibility for re-election. (b) Staff The Department of Planning, Building and [conomic Development shall provide technical and other services as the Board may require. Section 36.2-835. Officers: staff. (a) Officers; secretary. (2) The Board shall elect a Secretary to the Board from the staff of the Department of Planning, Building and [conomic Development, whose term shall be for one (1) year, with eligibility for re-election. 8. Appendix A, Definitions, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Agent to the Architectural Review Board: The staff member of the Department of Planning, Building and [conomic Development who has been elected by the Architectural Review Board to review applications for a Certificate of Appropriateness. Age n t to the Planning Commission: The staff member of the Department of Planning, Building and [conomic Development who has been elected by the Planning Commission to review development plans and other matters related to this Chapter. Driveway entrance: The connection between a public or private right-of-way and a lot adjacent to the right-of-way that is intended to provide access for vehicles from the right-of-way to the adjacent lot. Pervious paverrlent Permeable paver system: Pa\/emer'lt system with traditional strength characteristics, but '{v'hich has a proven capability of allo'wing rainfall to percolate through it. Such a permeable pa'venlent system utilizes porous asphalt, pervious concrete, or plastic pa'vers interlaid in a running bond pattern and either pinned or interlocked in place. Porous asphalt consists of an open graded course aggregate held together by asphalt with sufficient intercOl''lnected 'v'oids to pro'vide a high rate of pernleabilitf. Pervious 128 concrete is a discontinuous n"lixture of Portland cement, coarse aggregate, admixtures, and 'vVater which allows for passage of runoff and air. A grid system I utilizing plastic or concrete pavers with surface voids within or between the pavers, arranged over a sand setting bed and a coarse base, and where the surface voids are filled with grass, sand, or gravel. Such a system allows water to filter through the surface voids and reach the underlying soils. For purposes of this definition, a permeable paver system shall have permeable voids which represent at least a forty (40) percent pervious surface. 9. Section B-1, Basic Development Plan, of Appendix B, Submittal Requirements, 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 B-l.. 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: (6) Location and dimensions, to scale, of all existing and proposed structures on the lot, including the delineation and dimensions of any overhangs or eaves. I (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 the adjoining lot if minimum or maximum front yard is subject to Section 36.2-205(f)(2) (A) and (B). Setback measurements shall be based on the distance from adjoining property lines to the line parallel to the street right-of-way that passes nearest that street right-or-way, with such point being thirty (30) inches or greater above the graded ground level. (If a structure has overhangs or eaves, setbacks should be measured from the furthest projection of the overhang to the street right-of-way on a line that is parallel to that street right-of-way.) (c) If the application for basic development plan approval proposes construction that will require a land disturbing activity in or upon critical terrain that slopes towards adjacent properties, streets, alleys, streams, or creeks, or if the proposed land disturbing activity is found by the Zoning Administrator to involve site-specific features which warrant a review of erosion and sediment control or I I I I 129 if such proposed activities are applicable under Chapter 11.1 Erosion and Sediment Control, of this Code, a grading and erosion and sediment control plan, prepared by a licensed professional engineer, surveyor, or architect, shall be required. If the proposed construction "vvill not require a land disturbing activity in or upon critical terrain as pre"v"iously set forth in this subsection and the land disturbing acth/ity being proposed is less then 2,000 square feet, the application n,ay be permitted to execute an agreement in lieu of an erosion and sediment control plan. Where application is made for a permit for the purpose of preparation for the construction of a single-family residence, an agreement in lieu of a plan may be substituted for an erosion and sediment control plan. 10. Section B-2, Comprehensive Development Plan, of Appendix B, Submittal Requirements, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section B-2. Comprehensive Development Plan. (d) A comprehensive development plan shall include, at a minimum, the following: (3) Proposed use of the property and buildings: (E) Dimensional layout of all buildings and structures existing or proposed to be constructed, erected, or placed on the property, including the delineation and dimensions of any building overhangs or eaves, and the delineation of minimum, and maximum if applicable, yard depths for front, side, and rear yards, as required by the applicable zoning district regulations (4) Parking, loading, and driveway requirements: (K) If applicable, details of pervious paven,ent a permeable paver system to be utilized to exceed maximum permitted off-street parking pursuant to Section 36.2- 653(c). 130 (C) Calculations of pre development and post de\felopment and pond routing as required in Chapter 11.4, 11.2, Stormwater Management, of this Code and the Stormwater Management Design Manual (provided under separate cover, not on drawings); and I (21) Stormwater management: (f) Any development activity subject to section 15.2-2222.1 of the Code of Virginia (1950), as amended, shall have a Comprehensive Plan and Traffic Impact Analysis submitted to the Virginia Department of Transportation (VDOT) for review and recommendations in accordance with VDOT's Traffic Impact Analysis Regulations and Administrative Guidelines. {f1(g) If the development requires the installation of public improvements, such as street dedication, utilities, stormwater facilities, or erosion and sediment and control measures, anyone (1) or more of the documents set forth below may be required. In all such instances of the need to submit anyone (1) or more of the agreements and/or guarantees delineated below, the preparer of the comprehensive development plan shall submit a schedule of I cost estimates in unit quantities, with totals, for all proposed public improvements, erosion and sediment controls practices, and stormwater management measures, as part of the comprehensive development plan submittal. 11. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~M.~ Stephanie M. Moon, CMC City Clerk Q.~~ C. Nelson Harris Mayor I I I I 1 31 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2007. No. 37985-121707. AN ORDINANCE amending and reordaining 931.1-202, Requirements for subdivision site plan; 931.1-203, Subdivision application. review. and approval, 931.1-204, Recording and distribution of an approved subdivision plat, 931.1- 400, Standards for streets, 931.1-403, Land disturbinq activities and stormwater management, 931.1-404, Easements, 931.1-600, Subdivision agent, and Appendix B, Submittal Requirements, of Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended, for the purpose of updating and clarifying the City's subdivision 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: 1. Section 31.1-202', Requirements for subdivision site plan, 931.1- 203, Subdivision application. review. and approval, and 931.1-204, Recording and distribution of an approved subdivision plat, of Article II, Procedures, of Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 31.1-202. Requirements for subdivision site plan. For the purposes of determining whether a subdivision site plan is required, two (2) classifications or subdivision are hereby created: (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, or the development is subject to the requirements of Chapter 11.4, Stormwater Management, of this Code. Section 31.1-203. Subdivision application. review. and approval. (f) The Subdivision Agent shall complete review and act on an initial application or a resubmitted application for a preliminary or final subdivision plat and plan review within fifteen (1 S) twelve (72) business days of the date the application is accepted for review. The Subdivision Agent shall cornplete re\tie'y'y' and act on a resubmitted application for a preliminary or final subdi'v'ision plat and plan review 'y'v'ithin ten (10) business days. If the Subdivision Agent disapproves an application, or a resubmitted application, the reasons for the disapproval shall be stated. 132 Section 31.1-204, Recording and distribution of an approved subdivision mm. I 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 (2) attested copies to the subdivider. The subdivider shall then return one (1) original and eight (8) 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. 2. Section 31.1-400, Standards for streets, 931.1-403, Land disturbinQ activities and stormwater management, and 931.1-404, Easements, of Article IV, Required Improvements, of Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read as follows: Section 31.1-400. Standards for streets. I (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 new Street paving Curb and gutter street in the following zoning districts: RA, Planted strip R-12, R-7, R-5, R-3, RM-1, RM-2, RMF, and Large deciduous street trees ROS. Street lighting (required only . Subdivision along an existing street, within when street is the following zoning districts: R-7, R-5, R-3, a new created) RM-1, RM-2, and RMF. Sidewalks I 133 I Subdivision within the following zoning districts: CN, CG, CLS, MX, D, 1-1, 1-2, IN, and AD. Subdivision along existing street in an RA, R- 12, or ROS district. I Subdivision on a private street in a MXPUD, IPUD, or INPUD district. Section 31.1-403. manaQement. Street paving Curb and gutter Large deciduous street trees, except the Subdivision Agent may approve small deciduous trees in the CN and D district where the area available is inadequate for large trees. Planted strip or extended width sidewalk Street lighting (required only when a new street is created) Sidewalks Street paving Curb and gutter Street trees. Requirements for asphalt street paving, curb and gutter, planted strips, street trees, street lighting, and sidewalks shall be specified on a PUD development plan approved by City Council. 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 11.4 11.2, Stormwater Management. Section 31.1-404. Easements. Public drainage easements shall have minimum widths in accordance with the City of Roanoke's Stormwater Management Design Manual and water and sewer easements shall have a minimum widths in accordance with the Western Virginia Water Authority's regulations width of fifteen (1 5) feet and shall be labeled as such on the plat. However, the subdivision agent may require ~ greater width where multiple utilities are to be placed in a single easement. I 134 3. Section 31.1-600, Subdivision agent, of Article VI, Administration, of Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as I amended, is hereby amended and reordained to read as follows: 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 economie development. 4. Section B-2, Requirements for preliminarv subdivision plans, Section B-3, Requirements for final subdivision plats, and Section B-4, Requirements for final subdivision site plan, of Appendix B, Submittal Requirements, of Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read as follows: B-2. Requirements for preliminarv subdivision plans. (a) Requirements. (d) (1) Where a preliminary subdivision site plan is required with a preliminary subdivision plat as part of a preliminary I 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 11.4 ++-:-2-, Stormwater Management, and Chapter 36.2, Zoning. Traffic study. If any development activity is projected to generate an increase in traffic of more than one hundred (100) vehicles per hour during the peak traffic hour of any adjacent street or more than one thousand (1,000) vehicles per day, a traffic impact study or statement, as approved by the City's traffic engineer, shall be required. Projected trip 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. Any development activity subject to Section 15.2-2222.1of the Code of Virginia (1950), as amended, shall submit a Comprehensive Plan and Traffic Impact Analysis to the Virginia Department of Transportation (VDOT) for review and recommendations in accordance with the Traffic Impact Analysis Regulations and Administrative Guidelines. I I I I 135 B-3. Requirements for final subdivision plats. (b) Contents. The following is a list of information required, at a minimum, to be shown on a final subdivision plat: (1) Owner Statements. (D) If easements are to be granted to the Water Authority, add the following dedication statement: ''The above described owner by virtue of the recordation of this plat does hereby grant to the Western Virginia Water Authority, all waterline rights and easements and all sanitary sewer rights and easements as shown hereon, to construct, install, improve, operate, inspect, use, maintain, repair and replace a water and/or sewer line, or lines, together with related improvements, including slopes, if applicable, together with the right of ingress and egress thereto from a public street, upon, over, under and across certain tracts or parcels of land belonging to the owner." those certain areas sho'vvn on the plat as set apart for water and/or se.vver easements B-4. Requirements for final subdivision site plan. (a) Requirements. (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 11.4 11.2, Stormwater management, and Chapter 36.2, Zoning. (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. (4) Stormwater management plan. / (C) Calculations for stormwater runoff based on runoff to be anticipated from a ten-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) as required in Chapter 11.4, Stormwater Management, of this code and the Stormwater Management Design Manual. 136 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 I ATTEST: ~h,.~~ Stephanie M. Moon, CMC City Clerk c. ~ll#~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2007. No. 37986-121707. 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, and dispensing with the second reading of this ordinance by title. WHEREAS, the Planning Commission for the City of Roanoke, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 2048 Electric Road, S. W., bearing Official Tax No. 5090216, rezoned from MX, Mixed Use District, to CG, Commercial-General 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 December 17, 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, 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 I of the opinion that the hereinafter described property should be rezoned as herein provided. I I I 137 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No. 5090216, located at 2048 Electric Road, S. W., be and is hereby rezoned from MX, Mixed Use District, to CG, Commercial-General District; as set forth in the Zoning Amendment Application filed in the Department of Planning, Building and Development on October 19,2007. 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: ~m.~ Stephanie M. Moon, CMC City Clerk Q, ~<U-W6 C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 ]th day of December, 2007. No. 37987-121707. 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, and dispensing with the second reading of this ordinance by title. WHEREAS, the Planning Commission for the City of Roanoke, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 2802 Brandon Avenue, S. W., bearing Official Tax No. 1620112, rezoned from RMF, Residential Multifamily District, to MX, Mixed Use District; 138 WHEREAS, the City Planning Commission, after giving proper notice to all I 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 December 17, 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, 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 ~hat 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: I 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No. 1620112, located at 2802 Brandon Avenue, S. W., be and is hereby rezoned from RMF, Residential Multifamily District, to MX, Mixed Use District; as set forth in the Zoning Amendment Application filed in the Department of Planning, Building and Development on October 19, 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: ~Yv\.~.NV Q,'vlA~~ Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor I I I I 139 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2007. No. 37988-121707. AN ORDINANCE authorizing the .execution of a Deed of Easement granting to Hurt Park, LP, a permanent 20 foot wide drainage easement, containing 6,911 square feet, together with a 40 foot wide temporary construction easement, across City owned property designated as Tax Map No. 1210320, located at Hurt Park Elementary School, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on December 17, 2007, pursuant to 991 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 City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in a form approved by the City Attorney, a Deed of Easement granting to Hurt Park, LP, a permanent 20 foot wide drainage easement, containing 6,911 square feet, together with a 40 foot wide temporary construction easement, across City owned property designated as Tax Map No. 1210320, located at Hurt Park Elementary School, as more particularly set forth in the City Manager's letter to Council dated December 17, 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: ~'M.~ Stephanie M. Moon, CMC City Clerk C2 C. Nelson Harris Mayor 140 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 17th day of December, 2007. No. 37989-121707. AN ORDINANCE authorizing the City Manager to execute a Deed of Restriction for property owned by the City of Roanoke, identified as Tax Map No. 6140706, located at 1909 Meadowbrook Road, in the City of Roanoke, Virginia; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and to attest, respectively, a Deed of Restriction substantially similar to the one attached to the City Manager's letter to Council dated December 17, 2007, and any related and necessary documents, in a form approved by the City Attorney, for property owned by the City of Roanoke, identified as Tax Map No. 6140706, located at 1909 Meadowbrook Road. 2. Pursuant to Section 12 of the City Charter, the second reading of I this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~h\.~ Stephanie M. Moon, CMC . City Clerk C1 \AM ~ C. Nelson Harris Mayor I