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Home My WebLink About37990-012208 - 38264-102308 I I I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 141 The 22nd day of january, 2008. No. 37990-012208. A RESOLUTION accepting the Virginia Services, Training, Officers, Prosecution Violence Against Women (V-STOP) grant to the City from the Virginia Department of Criminal justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Virginia Services, Training, Officers, Prosecution Violence Against Women (V-STOP) grant offered by the Virginia Department of Criminal justice Services in the amount of $32,967.00 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires a $9,570.00 cash match and a $1,772.00 in- kind match by the City, is more particularly described in the letter of the City Manager to Council, dated january 22,2008. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, any grant agreement and all necessary documents required to obtain, accept, implement, administer, and use the grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: ~M.~ Stephanie M. Moon, CMC City Clerk c 1JaWtl~ c. Nelson Harris Mayor 142 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of january, 2008. No. 37991-012208. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Police Department Domestic Violence Program Grant (VSTOP), amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salary City Retirement FICA Medical Insurance Dental Insurance Life Insurance Revenues VSTOP Grant CY2008 - State VSTOP Grant CY2008 - Local 35-640-3325-1002 35-640-3325-1105 35-640-3325-1120 35-640-3325-1125 35-640-3325-1126 35-640-3325-1130 $ 32,081.00 2,887 .00 2,454.00 4,488.00 264.00 363.00 35-640-3325-3325 35-640-3325-3326 2,967.00 9,570 .00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~~~ City Clerk c-1kf2- ~~ C. Nelson Harris Mayor I I I I I I 143 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of january, 2008. No. 37992-012208. A RESOLUTION accepting the juvenile Accountability Block Grant UABG) from the Virginia Department of Criminal justice Services, authorizing execution of any required documentation on behalf of the City, and authorizing the City to serve as fiscal agent. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the juvenile Accountability Block Grant from the Virginia Department of Criminal justice Services awarded to the City of Roanoke and Roanoke County in the amount of $40,581.00, of which $30,490.00 has been awarded to the City, upon all the terms, provisions and conditions relating to the receipt of such funds. The City will provide a required match of $3,049.00 and the County will provide a required match of $1,460.00. The grant is more particularly described in the letter of the City Manager to Council dated january 22, 2008. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. 3. The City of Roanoke will serve as fiscal agent for the grant and be responsible for distributing the funds. APPROVED ATTEST: ~-"t.-.m.~ Stephanie M. Moon, CMC City Clerk Q..~~~ C. Nelson Harris Mayor 144 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of january, 2008. No. 37993-012208. AN ORDINANCE to appropriate local match funding and funding from the Commonwealth of Virginia Department of Criminal justice Services for the juvenile Accountability Block Grant Program, amending and reordaining certain sections of the 2007-2008 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Grant Fund Fees For Professional Services Grant Fund Appropriations Part-time Employee Wages FICA Fees For Professional Services Fees For Professional Services Revenues jABG CY08 City - State jABG CY08 City - Local Match jABG CY08 County - State jABG CY08 County - Local Match 01-250-9310-9535 01-630-1270-2010 $ 3,049.00 (3,049.00) 35-630-5082-1004 35-630-5082-1120 35-630-5082-2010 35-630-5084-2010 6,700.00 513.00 23,277.00 14,600.00 35-630-5082-5082 35-630-5082-5083 35-630-5084-5084 27,441.00 3,049.00 13,140.00 35-630-5084-5085 1,460.00 I I I I I I 145 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of january, 2008. No. 37994-012208. A RESOLUTION accepting the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, in the amount of $25,000.00 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires a $25,000.00 local match by the City, is more particularly described in the letter of the City Manager to Council, dated january 22, 2008. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, any grant agreement and all necessary documents required to obtain, accept, implement, administer, and use the grant, all such documents to be approved as to form by the City Attorney. 146 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: ~'n-1.~ Stephanie M.Moon, CMC City Clerk c/ U~cbr~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of january, 2008. No. 37995-012208. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant, amending and reordaining certain sections of the 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 Other Equipment Revenues RSAF Extrication - State FY08 RSAF Extrication - Local FY08 35-520-3556-9015 $ 50,000.00 25,000.00 25,000.00 35-520-3556-3556 35-520-3556-3557 I I I I I I 147 Pursuant 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 11 J b () -L \J~__~ ~VL~41l -.. C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of january, 2008. No. 37996-012208. A RESOLUTION authorizing the City Manager to submit an application to the Virginia Department of Housing and Community Development for a Southern Rivers Watershed Enhancement Program grant for the Fairhope Road Sewer Extension project in the amount of $375,000.00 to provide money for the Western Virginia Water Authority (WVWA) for such project, which is located within the City of Roanoke; authorizing the execution of the necessary documents and providing additional information; and authorizing the City Manager to provide for the transfer to the WVWA of any such grant funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to submit an application to the Virginia Department of Housing and Community Development for a Southern Rivers Watershed Enhancement Program grant to provide money for the WVWA for a sewer extension project within the City of Roanoke, which will have a local match of $27,000.00 to be provided by the WVWA, all as more particularly set forth in the letter dated january 22, 2008, from the City Manager to this Council. 2. The City Manager is authorized to. execute such other documents and provide any additional information as may be necessary in connection with such grant application process. 148 I 3. The City Manager is authorized to take such other action and execute such other documents as may be necessary to transfer the grant funds, if awarded to the City and appropriated by Council, to the WVWA so the Authority can administer the grant funds and complete the sewer extension project. ATTEST: ~VY,. ~ Stephanie M. Moon, CMC City Clerk APPROVED c...Ud&+r~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of january, 2008. No. 37997-012208. I AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Medicaid Eligibility Worker position, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement ICMA Match FICA Health Insurance Dental Insurance Life Insurance Disability Insurance Revenues Eligibility Worker FY08 - State 35-630-5180-1102 35-630-5180-1105 35-630-5180-1115 35-630-5180-1120 35-630-5180-1125 35-630-5180-1126 35-630-5180-1130 35-630-5180-1131 $ 34,265.00 5,390.00 650.00 2,622.00 4,488.00 264.00 387.00 89.00 35-630-5180-5180 48,155.00 I I I I 149 Pursuant 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' Lt~d::Y~ c. Nelson Harris Mayor Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of january, 2008. No. 37998-012208. A RESOLUTION accepting the Commercial Equipment Direct Assistance Program (CEDAP) grant made to the City from the Department of Homeland Security, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Commercial Equipment Direct Assistance Program (CEDAP) grant offered by the Department of Homeland Security of a Wolf Pack Remote Viewing System having a value of $24,175.00 upon all the terms, provisions and conditions relating to such grant. The grant, which requires no match by the City, is more particularly described in the letter- of the City Manager to Council, dated january 22, 2008. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, any grant agreement and all necessary documents required to obtain, accept, implement, administer, and use the grant, all such documents to be approved as to form by the City Attorney. 150 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: #~~'rv\..~-.; Stephanie M. Moon, CMC City Clerk e.lA~LVcM-w6 c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE VIRGINIA, The 22nd day of january, 2008. No. 37999-012208. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's Contract with DataSafe, LLC, for additional record storage services for various City Department. 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 two additional Amendments to the City's Contract with DataSafe, LLC, for additional record storage services for various City Departments, as more fully set forth in the City Manager's letter to this Council dated january 22, 2008. 2. The form of such Amendments shall be approved by the City Attorney. I I I I I I 1 51 3. Such Amendments will provide authorization for an increase in the amount of the Contract's not to exceed amount to $44,000.00 per year, with one Amendment for the fourth year and one Amendment for the fifth year if the City renews the Contract, all as set forth in the above letter. APPROVED ATTEST: ~.~ ~ ~1t~ c. Nelson Harris Mayor Stephanie M. Moon, CMC City Clerk IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 22nd day of january, 2008. No. 38000-012208. A RESOLUTION authorizing the City Manager to enter into any and all necessary and appropriate agreements with the Virginia Department of Transportation to locally administer and implement the Main Street (Wasena) Bridge Repair and Renovations, the Franklin Road Bridge Repair and Renovations, the Citywide Curb, Gutter and Sidewalk Program, and the Citywide Paving Program. 152 BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements with the Virginia Department of Transportation to administer and implement the Main Street (Wasena) Bridge Repair and Renovations, the Franklin Road Bridge Repair and Renovations, the Citywide Curb, Gutter and Sidewalk Program, and the Citywide Paving Program, such projects being more particularly described in the City Manager's letter dated january 22, 2008, to City Council, such agreements to be in such form as are approved by the City Attorney. APPROVED A TEST: c, ~dt~ c. Nelson Harris Mayor XY\.~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of january, 2008. No. 38001-012208. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation to various capital projects and for street paving, amending and reordaining certain sections of the 2007-2008 General and Capital Projects Funds Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 General and Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: I I I I I I General Fund Appropriations Fees for Professional Services Revenues Revenue Sharing - Transportation Capital Proiects Fund Appropriations Appropriated from State Grant Funds Appropriated from State Grant Funds Appropriated from State Grant Funds Appropriated from State Grant Funds Revenues VDOT - Walnut Avenue Bridge Improvements VDOT - Main Street (Wasena) Bridge Re pai rs VDOT - Franklin Road Bridge Repairs VDOT - Curb, Gutter, Sidewalk #6 153 01-530-4120-2010 $ 250,000.00 01-110-1234-0653 250,000.00 08-530-9511-9007 08-530-9518-9007 08-530-9519-9007 08-530-9809-9007 100,000.00 250,000.00 1 50,000.00 250,000.00 08-530-9511-9831 100,000.00 250,000.00 150,000.00 250,000.00 08-530-9518-9818 08-530-9519-9519 08-530-9809-9819 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: · XY\.~ Stephanie M. Moon, CMC City Clerk c.. Vl~ ~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of january, 2008. No. 38002-012208. AN ORDINANCE to appropriate funding from the Commonwealth government as well as from local match, donations, and fees, amending and reordaining certain sections of the 2007-2008 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. 154 I BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Coordinator Teacher Stipends Social Security Transportation Food Instructional Resources Materials and Supplies Student Incentives Contracted Services Travel Expenses Membership Fees Instructional Supplies Security Guards Social Security Revenues State Grant Receipts Fees State Grant Receipts Local Match Fees and Donations 30-062-6795-0121-6138 30-062-6928-0129-6100 30-062-6928-0201-6100 30-062-6928-0583-6100 30-062-6928-0602-6100 30-062-6928-0613-6100 30-062-6928-0614-6100 30-06276928-0615-6100 30-062-6929-0313-6311 30-062-6929-0554-6311 30-062-6929-0581-6311 30-062-6929-0614-6311 30-062-6929-0195-6311 30-062-6929-0201-6311 30-062-6795-1100 30-062-6795-1103 30-062-6928-1100 30-062-6929-1101 30-062-6929-1103 $ 3,790.00 9,289.00 711.00 600.00 600.00 2,000.00 1,000.00 800.00 2,985.00 4,225.00 500.00 540.00 279.00 21.00 I 1,170.00 2,620.00 15,000.00 2,300.00 6,250.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: APPROVED - th. YY\~ Stephanie M. Moon, CMC C City Clerk c, ~~4~ ~ C. Nelson Harris Mayor I I I I 155 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of january, 2008. No. 38003-012208. AN ORDINANCE permanently vacating, discontinuing and closing 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, Steel Dynamics, represented by Christopher Waller, L.M.W., P.c., filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close the public 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 january 22, 2008, after due and timely notice thereof as required by 930-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: the easternmost end of Westside Boulevard, N.W., containing approximately 30,365 s.f., more particularly bounded by properties owned by Roanoke Electric Steel and bearing Official Tax Nos. 6021102, 6021101, 6021106 and 6021105. 156 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise - be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of Seven Thousand Five Hundred Ninety One Dollars and No Cents ($7,591.00) as consideration pursuant to 915.2-2008, Code of Virginia (1950), as amended, for the vacated right-of-way. I I I I I I 157 BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the. City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. MOO~ ~ City Clerk Q~-- c. Nelson Harris Mayor 158 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 22nd day of january, 2008. No. 38004-012208. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the petitioner; and dispensing with the second reading of this ordinance by title. WHEREAS, Trustees of God's House Baptist Ministry, represented by Balzer and Associates, Inc., have made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described property rezoned from R-7, Residential Single Family District, and MX, Mixed Use District, to IN, Institutional District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as I amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on january 22, 2008, 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. I I I I 159 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Nos. 2761606, 2761607, 2761608,2761609, 2660130, and portions of 2660101 and 2660102, located at 3601, 3707, and portions of 3619 and 3621 Melrose Avenue, N.W., be, and are hereby rezoned from R-7, Residential Single Family District, and MX, Mixed Use District, to IN, Institutional District, subject to certain conditions proffered by the petitioner, as set forth in the Zoning Amendment Application, Amended Application No.2, dated December 28, 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 c~ ~iv-t+~ C. Nelson Harris Mayor - :rr,. ~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of january, 2008. No. 38005-012208. AN ORDINANCE approving the City-wide Brownfield Redevelopment Plan dated December 20, 2007, and amending Vision 2001-2020, the City's Comprehensive Plan, to include such Redevelopment Plan; and dispensing with the second reading by title of this ordinance. WHEREAS, on December 20, 2007, the City-wide Brownfield Redevelopment Plan dated December 20, 2007 (the "Plan"), was presented to the Planning Commission; 160 WHEREAS, the Planning Commission held a public hearing on that date and recommended adoption of the Plan and amending Vision 2001-2020, the City's Comprehensive Plan, to include such Plan; and WHEREAS, in accordance with the provisions of 915.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Tuesday, january 22, 2008, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the City-wide Brownfield Redevelopment Plan dated December 20, 2007, and amends Vision 2001 - 2020, the City's Comprehensive Plan, to include such Redevelopment Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: IYI. ~ Stephanie M. Moon, CMC City Clerk Q. ~ lJ-.-. c. Nelson Harris Mayor I I I I I I 1 61 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of january, 2008. No. 38006-012208. AN ORDINANCE authorizing the donation and conveyance of a 40 foot wide by 1661 foot long above ground easement with allowance to go underground for support structures, across City-owned property identified as Official Tax Nos. 7200106 and 7150109, to Appalachian Power Company for the purpose of providing electric service to serve the Roanoke Centre. for Industry and Technology and B&B Machine Tool Company, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on january 22, 2008, pursuant to 991 5.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents donating and conveying a 40 foot wide by 1661 foot long above ground easement with allowance to go underground for support structures, across City-owned property identified as Official Tax Nos. 7200106 and 7150109, to Appalachian Power Company for the purpose of providing electric service to serve the Roanoke Centre for Industry and Technology and B&B Machine Tool Company, upon certain terms and conditions, as more particularly set forth in the january 22, 2008, letter of the City Manager to Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED c. ~#--' c. Nelson Harris Mayor 162 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 4th day of February, 2008. No. 38007-020408. A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of Valley View Mall for Citizen Appreciation Day, and authorizing execution of an agreement with Valley View Mall, LLC, through its agent, CBL & Associates Management, Inc., in connection with such use of Valley View Mall. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . This Council hereby waives its sovereign immunity with regard to the City's use of Valley View Mall on April 19, 2008, in connection with its Citizen Appreciation Day activities, as set forth in the City Manager's letter to this Council dated February 4, 2008. 2. The City Manager is hereby authorized to execute, for and on behalf I of the City, upon form approved by the City Attorney, an Agreement relating to the City's use of Valley View Mall on April 19, 2008, for Citizen Appreciation Day activities. APPROVED ATTEST: -~.~ Stephanie M. Moon, CMC City Clerk . Q, ~~ ---, C. Nelson Harris Mayor I I I I 163 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 2008. No. 38008-020408. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the FY08 Workforce Investment Act Grant, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 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 Admin - Reg Employee Wages Admin - Temp Employee Wages Admin - City Retirement Admin - FICA Admin - Medical Insurance Admin - Dental Insurance Admin - Life Insurance Admin - Disability Insurance Admin - Fees for Professional Services Admin - Dues and Memberships Admin - Training & Development Admin - Food Admin - Business Meals & Travel Admin - Equipment Rental Admin - Other Rental Admin - Marketing Admin - Supplies Admin - Insurance Admin - Contract Services Admin - Leases Admin - Equipment Admin - Telephone Adult - Reg Employee Wages Adult - Temp Employee Wages Adult - City Retirement 35-633-2340-1002 35-633-2340-1004 35-633-2340-1105 35-633-2340-1120 35-633-2340-1125 35-633-2340-1126 35-633-2340-1130 35-633-2340-1131 35-633-2340-2010 35-633-2340-2042 35-633-2340-2044 35-633-2340-2060 35-633-2340-2144 35-633-2340- 3070 35-633-2340-3075 35-633-2340-8053 35-633-2340-8055 35-633-2340-8056 35-633-2340-8057 35-633-2340-8058 35-633-2340-8059 35-633-2340-8090 35-633-2341-1002 35-633-2341-1004 35-633-2341-1105 $ 14,534.00 9,697.00 2,310.00 1,854.00 890.00 55.00 157.00 35.00 500.00 400.00 400.00 250.00 2,200.00 587.00 676.00 650.00 473.00 1,250.00 7,240.00 1,117.00 500.00 508.00 4,732.00 6,789.00 724.00 164 I Adult - FICA 35-633-2341-1120 882.00 Adult - Medical Insurance 35-633-2341-1125 290.00 Adult - Dental Insurance 35-633-2341-1126 18.00 Adult - Life Insurance 35-633-2341-1130 51.00 Adult - Disability Insurance 35-633-2341-1131 12.00 Adult - Training & Development 35-633-2341-2044 112.00 Adult - Business Meals & Travel 35-633-2341-2144 125.00 Adult - Food 35-633-2341-2060 37.00 Adult - Equipment Rental 35-633-2341-3070 135.00 Adult - Other Rental 35-633-2341-3075 50.00 Adult - Marketing 35-633-2341-8053 125.00 Adult - Supplies 35-633-2341-8055 1 54.00 Adult - Contract Services 35-633-2341-8057 221,999.00 Adult - Leases 35-633-2341-8058 363.00 Adult - Telephone 35-633-2341-8090 96.00 Dislocated Wkr - Reg Employee Wages 35-633-2342-1002 5,408.00 Dislocated Wkr - Temp Employee Wages 35-633-2342-1004 8,289.00 Dislocated Wkr - City Retirement 35-633-2342-1105 828.00 Dislocated Wkr - FICA 35-633-2342-1120 1,048.00 I Dislocated Wkr - Medical Insurance 35-633-2342-1125 331.00 Dislocated Wkr - Dental Insurance 35-633-2342-1126 20.00 Dislocated Wkr - Life Insurance 35-633-2342-1130 59.00 Dislocated Wkr - Disability Insurance 35-633-2342-1131 13.00 Dislocated Wkr - Training & Development 35-633-2342-2044 112.00 Dislocated Wkr - Business Meals & Travel 35-633-2342-2144 75.00 Dislocated Wkr - Food 35-633-2342-2060 37.00 Dislocated Wkr - Equipment Rental 35-633-2342-3070 153.00 Dislocated Wkr - Other Rental 35-633-2342-3075 50.00 Dislocated Wkr - Marketing 35-633-2342-8053 125.00 Dislocated Wkr - Supplies 35-633-2342-8055 176.00 Dislocated Wkr - Contract Services 35-633-2342-8057 162,530.00 Dislocated Wkr - Leases 35-633-2342-8058 415.00 Dislocated Wkr - Telephone 35-633-2342-8090 190.00 Revenues Workforce Investment Act Grant FY08 35-633-2340-2340 462,836.00 I I I I 165 Pursuant 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.~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 2008. No. 38009-020408. A RESOLUTION accepting the Virginia Sexual and Domestic Violence Victim Fund (VSDWF) grant to the City from the Virginia Department of Criminal justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Virginia Sexual and Domestic Violence Victim Fund (VSDWF) grant offered by the Virginia Department of Criminal justice Services in the amount of $33,251.00 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires no match by the City, is more particularly described in the letter of the City Manager to Council, dated February 4, 2008. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, any grant agreement and all necessary documents required to obtain, accept, implement, administer, and use the grant, all such documents to be approved as to form by the City Attorney. 166 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: O-\AJ- ~ ~.~ Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 2008. No. 38010-020408. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Virginia Sexual and Domestic Violence Victim Fund Grant, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Employee Wages FICA Revenues Police Domestic Violence Victim CY08 35-640-3352-1004 35-640-3352-1120 $ 30,888.00 2,363.00 35-640-3352-3352 - 33,251.00 I I I I I I 167 Pursuant 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.. ~4l~ Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 2008. No. 38011-020408. AN ORDINANCE amending and reordaining Section 14.1-1, Definitions, of Article I, In General; subsection (d) (2) of Section 14.1-16, Placement for collection oenerally; Section 14.1-18, Time of placement of automated collection containers and recyclable containers for collection, by adding a new subsection (b); subsection (d) of Section 14.1-23, Placement and collection of bulk items. brush and loose leaves; and Section 14.1-24, Violation: civil penalty, by adding a new subsection (b), of Division 1, Generally, of Article II, Collection by an Authorized Person; Section 14.1-54, General prohibition; Section 14.1-55, Notice to remove; and Section 14.1-56, Violations of chaPter, of Article III, Accumulations of Solid Waste, of Chapter 14.1, Solid Waste Management, 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 14.1-1, Definitions, of Article I, In General, of Chapter 14.1, Solid Waste Manaoement, of the Code of the City of Roanoke (1979), as amended, shall be amended to read and provide as follows: Section 14.1-1. Definitions. * * * 168 Physically challenged service shall mean specialized collection of refuse or recyclables generated by all persons residing in a dwelling unit from a point of collection approved by the city manager, but which is not curbside or alley side, such service to be provided due to the physical difficulty or inability of all persons residing adult occupants in the subject dwelling unit to transport refuse and recyclables to the curbside or alley. * * * 2. Subsection (d) (2) of Section 14.1-16, Placement for collection qenerally; Section 14.1-18, Time of placement of automated collection containers and recyclable containers for collection, by adding a new subsection (b); subsection (d) of Section 14.1-23, Placement and collection of bulk items. brush and loose leaves; and Section 14.1-24, Violation: civil penalty, by adding a new subsection (b) of Division 1, Generally, of Article II, Collection by an Authorized Person, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, shall be amended to read and provide as follows: See. 14.1-16. Placement for collection generally. * * * (2) Any person applying for physically challenged service must present sufficient n1edical e",,,ridence consisting of a physician's medical doctor's certification, on forms acceptable to the city manager, that the applicant is all persons residing in a dwelling unit are unable to transport to the locations described in subsections (a) and (b) of this section, all refuse and solid waste, including recyclables, generated by those persons residing in such a dwelling unit. 'vvith the person applying for said service. * * * I I I I I I See. 14.1-18. Time of placement of automated collection containers recyclable containers for collection. (a) Except in the central business district, automated collection containers and recycling containers containing solid waste shall be accessible for collection by an authorized person no later than 7:00 a.m. on the day of collection. Automated collection containers and recycling containers placed adjacent to streets for collection by an authorized person shall not be so placed prior to 7:00 p.m. on the day preceding the day of collection, and shall be removed as soon as possible after collection and, in no instance, shall they be permitted to remain adjacent to such street after 7:00 a.m. of the day following collection. Automated collection containers and recycling containers shall be stored between dates of collection in a location no closer to the street than the principal building. Where placement of an automated collection container and recycling container in a location no closer to the street than the principal building is impractical or not feasible, the city manager may designate an alternative location. (b) Solid waste in the central business district shall be placed out for collection by an authorized person in accordance with regulations promulgated by the City Manager. * * * Section 14.1-23. Placement and collection of bulk items. brush and loose leaves. * * * (d) City residents may take up to t"v'v'elve (12) pick-up truck loads of bulk items and brush originating from their residence per calendar year to the transfer station free of charge,. The number of such loads permitted without charge, and other rules and regulations pertaining to removal and disposal of bulk items and brush at the transfer station, shall be in accordance with rules and regulations promulgated by the city manager. In special circumstances upon request, the city manager may issue additional special dump permits for the disposal of additional bulk items and brush at the transfer station in addition to the number of loads generally permitted for City residents. 170 I Section 14.1-24. Violation: civil penalty. (a) The city manager shall cause a notice of violation to be affixed to automatic collection containers, individual refuse containers and recycling containers found to be in violation of section 14.1-18. After three (3) or more such notices have been issued for any property within a year, the city manager shall impose on the owner of the property a civil penalty of twenty-five dollars ($25.00) for each such violation after the third one. (b) If a property owner wishes to be heard on the issuance of any notice of violation or civil penalty, the property owner may request, in writing, a hearing with the City Manager. Such request must be received by the City Manager within seven (7) business days of the action sought to be reviewed and must state the reasons for the requested hearing. The City Manager shall schedule the hearing within five (5) business days of receipt of the request for a hearing, and any decision arising out of the hearing shall be set forth in writing within three (3) business days after the hearing. 3. Section 14.1-54, General prohibition; Section 14.1-55, Notice to remove; and Section 14.1-56, Violations of chapter, of Article III, Accumulations I of Solid Waste, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, shall be amended to read and provide as follows:- Section 14.1-54. General prohibition. It shall be the duty of every owner or occupant of any parcel in the city to maintain the same in a clean and sanitary condition. It shall be unlawful for any such owner or occupant to cause, allow or permit solid waste to be deposited upon, remain or allowed to accumulate upon any parcel in the city, except such solid waste as is properly collected, prepared and contained for regular collection by an authorized person. A violation of this section shall constitute a Class I misdemeanor. I I I I 1 71 Section 14.1-55. Notice to remove. Whenever the director of health of the city, or the authorized representative of the director of health of the city, determines that any lot or premises in the city is unclean or unsanitary, by reason of the deposit, existence or accumulation of solid waste thereon, the director of health, or the director's representative, may give reasonable notice thereof and of the director's determination to the owner or occupant of such property. Such notice shall be in writing, shall state the unclean or unsanitary condition ordered to be corrected, and shall fix the time by which such condition is ordered by the director of health to be abated or corrected. Such notice shall be deemed to be properly served upon such owner or occupant, if a copy thereof is served upon or delivered to him in person or if a copy thereof is posted on the property in a conspicuous location and sent postage prepaid to the owner's last known address as set forth in the city's real estate valuation records by United States Postal Service. A failure to comply with such notice and order shall constitute a Class 1 misdemeanor. Section 14.1-56. Violations of chaPter. Unless otherwise provided, a violation of any proVIsion of this chapter including the failure to comply vv-ith a -{v-rinen notice and order gi\ten pursuant to section 14.1 S S, shall constitute a Class 4 misdemeanor. 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 ~S:j)_ _ . 1~1'v'\o ~ Stephanie M. Moon, CMC City Clerk c.. ~~ C. Nelson Harris Mayor 1 72 I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 2008. No. 38012-020408. A RESOLUTION authorizing the execution of Amendment Two to the Contract between the City of Roanoke and Ovations Food Services, LP, to provide for the renovation and retrofit of the existing kitchen located in the Roanoke Civic Center Coliseum instead of the construction of a new kitchen inside the Roanoke Civic Center's Special Events Center, and providing for a new completion date for such renovation, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that 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, Amendment Two to the Contract between the City of Roanoke and Ovations Food Services, LP, dated june 29, 2007, to provide for the renovation and retrofit of I the Roanoke Civic Center's existing kitchen located inside the Roanoke Civic Center Coliseum instead of the construction of a new kitchen inside the Roanoke Civic Center's Special Event Center and the establishment of a new completion date for such renovation, all as more particularly set forth in the City Manager's letter to Council dated February 4, 2008, and the attachment thereto. APPROVED ATTEST: ~~~.~ Stephanie M. Moon, CMC City Clerk ~~%~ c. Nelson Harris Mayor I I I I 1 73 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 2008. No. 38013-020408. A RESOLUTION accepting the Federal Forfeited Property Sharing Program grant to the City of Roanoke Police Department from the U. S. Attorney's Office for the Western District of Virginia, and authorizing execution of any required documentation on behalf of the City. WHEREAS, U. S. Attorney john L. Brownlee and the U. S. Attorney's Office for the Western District of Virginia have supported local law enforcement agencies through the disbursement of forfeited property; WHEREAS, the U. S. Attorney's Office for the Western District of Virginia recently prosecuted a significant case that has resulted in a large forfeiture of property to law enforcement agencies with the Western District of Virginia; and WHEREAS, because of the prosecution of this significant case, the U. S. Attorney's Office is now able to grant the City of Roanoke Police Department the amount of $2,800,000.00 in accordance with the Federal Forfeited Property Sharing Program. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City wishes to thank U. S. Attorney john L. Brownlee and the U.S. Attorney's Office of the Western District of Virginia for this grant of $2,800,000.00 to the City of Roanoke Police Department in accordance with the Federal Forfeited Property Sharing Program. 2. The City of Roanoke does on behalf of its Police Department hereby accept the Federal Forfeited Property Sharing Program grant offered by the U. S. Attorney's Office for the Western District of Virginia in the amount of $2,800,000 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires no match by the City, is more particularly described in the letter of the City Manager to Council, dated February 4, 2008. 174 3. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, any grant agreement and all necessary documents required to obtain, accept, implement, administer, and use the grant, all such documents to be approved as to form by the City Attorney. 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: ~Ivt.~ Stephanie M. Moon, CMC City Clerk O-~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 2008. No. 38014-020408. AN ORDINANCE to appropriate funding from the Federal Asset Sharing 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 Investigations and Rewards Vehicular Equipment Other Equipment Revenues Federal Asset Forfeiture 35-640-3304-2150 35-640-3304-9010 35-640-3304-9015 $1,200,000.00 300,000.00 1,300,000.00 2,800,000.00 35-640-3304-3305 I I I I I I 1 75 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~fYI. ~~~ Stephanie M. Moon, CMC City Clerk c lkt~ c. Nelson Harris Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 2008. No. 3801 5-021908. A RESOLUTION authorizing acceptance of the Shelter Plus Care Grant Award from the U.S. Department of Housing and Urban Development, in the amount of $1 59,408.00 for a one year period, commencing july 1, 2008, through june 30, 2009, to provide rental assistance and supportive services to disabled homeless individuals; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Shelter Plus Care Grant Award from the U. S. Department of Housing and Urban Development, in the amount of $1 59,408.00 for a one year period, commencing july 1, 2008, through june 30, 2009, to provide rental assistance and supportive services to disabled homeless individuals, as more particularly set forth in the February 19, 2008, letter of the City Manager to this Council. 176 2. The City Manager is hereby authorized to execute any and all requisite documents, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: ~~'rV\.~ Stephanie M. Moon, CMC City Clerk C.Ll~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 2008. No. 38016-021908. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Shelter Plus Care Grant, amending and reordaining certain sections of the 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 Shelter Plus Care Revenues Shelter Plus Care 2008 35-630-5296-21 59 $ 59,408.00 35-630-5296-5296 159,408.00 I I I I I I 177 Pursuant 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.~~ Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 2008. No. 38017-021908. A RESOLUTION authorizing the acceptance of the Roanoke Homeless Assistance Team Grant Renewal Award from the United States Department of Housing and Urban Development to provide outreach and limited case management services to the homeless; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Roanoke Homeless Assistance Team Renewal Grant Award from the United States Department of Housing and Urban Development, in the amount of $137,669.00, with a match by the City of $36,927.00, for a total program budget of $174,596.00, to provide outreach and limited case management services to the homeless, and as more particularly set forth in the February 19, 2008, letter of the City Manager to this Council. 178 I 2. The City Manager is hereby authorized to execute any and all requisite documents as are required for the City's acceptance of this grant, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: rn.~ cu~~ Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 2008. No. 38018-021908. I AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Homeless Assistance Team Grant, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salary Temporary Employee Wages City Retirement ICMA Match FSA Match FICA Medical Insurance Dental Insurance Life Insurance 35-630-5344-1002 35-630-5344-1004 35-630-5344-1105 35-630-5344-1116 35-630-5344-1118 35-630-5344-1120 35-630-5344-1125 35-630-5344-1126 35-630-5344-1130 $ 100,893.00 13,334.00 15,557.00 1,950.00 390.00 8,738.00 13,464.00 792.00 915.00 I I I I Disability Insurance Telephone Telephone-Cellular Administrative Supplies Expendable Equipment <$5000 Motor Fuel and Lubricants Fleet Mgt Daily Vehicle Rental Program Activities Postage Revenues Homeless Assistance Team 2008 Homeless Assistance Team 2008 -Local 35-630-5344-1131 35-630-5344-2020 35-630-5344-2021 35-630-5344-2030 35-630-5344-2035 35-630-5344-2038 35-630-5344-2054 35-630-5344-2066 35-630-5344-2160 179 26.00 2,667.00 1,667.00 500.00 500.00 1,200.00 750.00 11,000.00 253.00 35-630-5344-5344 137,669.00 36,927.00 35-630-5344-5345 Pursuant 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.ug~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 2008. No.3 80 19-021908. A RESOLUTION authorizing the appropriate City officials to execute an Amendment No.3 to the 2004-2005 Agreement with the City of Roanoke Redevelopment and Housing Authority ("RRHA") to conduct housing activities using Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") funds, upon certain terms and conditions. 180 I WHEREAS, by Resolution No. 37085-060605, adopted june 6, 2005, the Council of the City of Roanoke, Virginia, ("Council") authorized appropriate City Officials to enter into the 2004-2005 Agreement with the RRHA to conduct certain housing activities using CDBG and HOME funds; and WHEREAS, by Resolution No. 37501-080706, adopted August 7, 2006 Council authorized Amendment NO.1 to the Agreement, increasing the CDBG and HOME funding and extending the period of the Agreement; and WHEREAS by Resolution No. 37859-080607, adopted August 6, 2007, Council authorized Amendment No. 2 to the Agreement, increasing the CDBG and HOME funding; THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, an Amendment No.3 to the 2004-2005 agreement with the RRHA, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated February 19, 2008. APPROVED I ATTEST: A~~'~ Stephanie M. Moon, CMC City Clerk c~~~-~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 2008. No. 38020-021908. AN ORDINANCE to transfer funding from the United States Department of Housing and Urban Development within the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and I dispensing with the second reading by title of this ordinance. I I I 1 81 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 RRHA Park Street Square 35-090-5366-5428 $ 65,986.00 Unprogrammed HOME Funds FY08 35-090-5366-5482 65,986.00) RRHA Park Street Square 35-G07-0720-5428 89,177.00 Unprogrammed CDBG Funds FY07 35-G07-0740-5184 ( 89,177.00) 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-~ c. Nelson Harris Mayor · 'rY\.~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 2008. No. 38021-021908. AN ORDINANCE authorizing the proper City officials to execute a Performance and Loan Agreement among the City of Roanoke (City), The City of Roanoke Redevelopment and Housing Authority (RRHA), 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. 182 I WHEREAS, THB has proposed the renovation and restoration of a certain Building located at 35 Campbell Avenue, SW; 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 a loan from the RRHA to assist in the unusual expense for such restoration work, with the City to provide an appropriation of funds to the RRHA; WHEREAS, City staff has advised Council that such project will benefit redevelopment 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 redevelopment within the City by providing a variety of housing units for the downtown area. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as I follows: 1. - City Council hereby approves the terms of the Performance and Loan Agreement among the City, the RRHA, and THB, as set forth in the attachment to the City Manager's letter to Council dated February 19, 2008, which provides for certain undertakings and obligations by THB, as well as certain undertakings by the City and the RRHA. City Council further finds that the loan from the RRHA, which shall not exceed a total of $880,000.00, provided for by the Performance and Loan Agreement will promote redevelopment within the City. 2. The City Manager is authorized on behalf of the City to execute a Performance and Loan Agreement among the City, the RRHA, and THB, upon certain terms and conditions as set forth in the City Manager's letter to Council dated February 19, 2008. 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. I I I I 183 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: Q.~VeQ-<~ c. Nelson Harris Mayor ~'rf\.~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 2008. No. 38022-021908. AN ORDINANCE to appropriate funding from the Series 2008 Bonds to various capital projects, amending and reordaining certain sections of the 2007- 2008 Parking, Capital Projects and School Capital Projects Funds Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 Parking, Capital Projects and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 184 I Parking Fund Appropriations Public Parking Facilities 07-540-8259-9286 $ 2,600,000.00 Capital Proiects Fund Appropriations Fire/EMS Station #3 - Williamson 08-530-9539-9970 1,078,469.00 Fire/EMS Station #5 - Melrose 08-530-9539-9975 2,731,531.00 Revenues General Obligation Bond Proceeds-Par 08-110-1234-1042 3,755,520.00 General Obligation Bond Proceeds- Premium 08-110-1 234-1046 54,480.00 School Capital Proiects Fund Appropriations Schools 31-060-9708-6896 40,400,000.00 Revenues General Obligation Bond I Proceeds-Par 31 -11 0-1 234-1142 39,638,009.00 General Obligation Bond Proceeds- Premium 31-110-1234-1149 761,991.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Q.~-*~ ~'tY\.~ Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor I I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 185 The 19th day of February, 2008. No. 38023-021908. AN ORDINANCE to appropriate funding from the Commonwealth for the Virginia Middle School Teacher Corps Program as well as corporate fees and transfers of existing funding for the E-Rate Program, 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 Teacher Salary 30-062-6930-0121-6108 3,997.00 Retiree Health Credit 30-062-6930-0200-6108 46.00 Social Security 30-062-6930-0201-6108 306.00 I Retirement 30-062-6930-0202-6108 611.00 Group Life Insurance 30-062-6930-0205-6108 40.00 Purchased Services 30-065-6622-0381-6669 (4,076.00) Supplies 30-065-6622-061 5-6669 (67,348.00) Capital Outlay - Communications Equipment 30-065-6622-0823-6669 60,649.00 Capital Outlay - Data Processing Equipment 30-065-6622-0826-6669 60,649.00 Revenues State Grant Receipts 30-062-6930-1100 5,000.00 Corporate Fee Receipts 30-062-6622-1103 9,874.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED '. 'rn. MO~ StepHanie M. Moon, CMC Y . "- City Clerk ATTEST: I 186 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 2008. No. 38024-021908. AN ORDINANCE to amend 9 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to a certain condition proffered by the petitioner; and dispensing with the second reading of this ordinance by title. WHEREAS, Second Presbyterian Church, represented by George A. McLean, jr., attorney, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to. have the hereinafter described property rezoned from MX, Mixed Use District, to IN, Institutional District, for uses related to and ancillary to the use of the property at Official Tax Map NO.1 021606 as a place of worship; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on February 19, 2008, 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. I I I I I I 187 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax NO.1 021521, located at 305 Highland Avenue, S.W., be, and is hereby rezoned from MX, Mixed Use District, to IN, Institutional District, subject to a certain condition proffered by the petitioner, for uses related to and ancillary to the use of the property at Official Tax Map No. 1021606 as a place of worship, as set forth in the Zoning Amended Application NO.1 dated january 28, 2008. 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 ~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 2008. No. 38025-021908. AN ORDINANCE approving the South Roanoke Neighborhood Plan dated january 24, 2008, and amending Vision 2001-2020, the City's Comprehensive Plan, to delete from it the current South Roanoke Neighborhood Plan dated june 1, 1988, and to include the South Roanoke Neighborhood Plan dated january 24, 2008; and dispensing with the second reading by title of this ordinance. WHEREAS, on january 24, 2008, the South Roanoke Neighborhood Plan dated january 24, 2008 (the "Plan"), was presented to the Planning Commission; 188 I WHEREAS, the Planning Commission held a public hearing on that date and recommended adoption of the Plan and amending Vision 2001-2020, the City's Comprehensive Plan, to include such Plan; and WHEREAS, in accordance with the provisions of 915.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on February 19, 2008, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the current South Roanoke Neighborhood Plan dated june 1, 1988, adopted by City Council on july 11, 1988, in Ordinance No. 29198, is deleted from Vision 2001-2020. 2. That this Council hereby approves the South Roanoke Neighborhood Plan dated january 24, 2008, and amends Vision 2001-2020, the City's Comprehensive Plan, to include the South Roanoke Neighborhood Plan dated I january 24, 2008, as an element thereof. 3. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 4. Pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: · ~.~.J Stephanie M. Moon, CMC City Clerk c2,~~ C. Nelson Harris Mayor I I I I 189 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 2008. No. 38026-021908. AN ORDINANCE authorizing the vacation of two public utility easements containing 0.050 acres and 0.038 acres respectively, on property identified as Tax Map No. 2031908, located at 108 Orange Avenue, N.W., and owned by the YMCA of Roanoke Valley, Inc., upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on February 19, 2008, pursuant to 99 15.2-1800 (B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on this proposed vacation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents to vacate the two public utility easements containing 0.050 acres and 0.038 acres respectively, on property identified as Tax Map No. 2031908, located at 108 Orange Avenue, N.W., and owned by the YMCA of Roanoke Valley, Inc., upon the terms and conditions set forth in the City Manager's letter and attached to this Council dated February 19, 2008. 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 ~WL~ C. Nelson Harris Mayor 190 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19th day of February, 2008. No. 38027-021908. A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone Two and its current Subzone that will add certain areas to it and will add as a new noncontiguous Subzone B certain other areas; designate the current Subzone as Subzone A and the new one as Subzone B; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. WHEREAS, there are certain areas currently located outside the current Subzone to the City's Enterprise Zone Two that are contiguous to it that are not currently a part of such Subzone, but that can be added to it and that will benefit from the designation of those additional areas as part of the current Subzone of Enterprise Zone Two, as set forth in a letter from the City Manager to Council I dated February 19, 2008; WHEREAS, the Virginia Enterprise Zone Grant Act of 2005, as amended, authorizes the amendment of an existing Enterprise Zone to add areas and to include noncontiguous subzones, thereby making qualified business firms within such an area eligible for Enterprise Zone benefits; WHEREAS, there are additional areas within the City of Roanoke which are eligible for designation as part of an Enterprise Zone and which may be able to benefit by being designated as an additional subzone of Enterprise Zone Two; WHEREAS, the addition of certain areas of the City as part of the City's Enterprise Zone Two, as set forth above, has a potential to stimulate significant private sector investment within the City in areas where such business and industrial growth could result in much needed growth and revitalization; WHEREAS, City staff recommends designating the current Subzone to Enterprise Zone Two as Subzone A and the new Subzone as Subzone B; and I I I I 1 91 WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the above mentioned proposed boundary amendments, including the creation of a subzone, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendments to Enterprise Zone Two and its current Subzone. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is hereby applying for amendments to the City's Enterprise Zone Two and its current Subzone, which amendments will add additional areas which are currently outside such Subzone and that will add as a noncontiguous Subzone B certain other areas not currently in Enterprise Zone Two or its current Subzone. Such boundary amendments are more fully shown on the map attached to the City Manager's letter to Council dated February 19, 2008, and more fully described in such letter. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendments to the City's existing Enterprise Zone Two and its current Subzone pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendments will add to it certain areas, including a new Subzone B, not currently in Enterprise Zone Two or its Subzone, all as more fully set forth in the above mentioned letter. 3. The current Subzone to Enterprise Zone Two is hereby designated as Subzone A and the new Subzone to Enterprise Zone Two is hereby designated as Subzone B. 4. Council hereby certifies that it held a held a public hearing as required by the Virginia Enterprise Zone Grant Act Regulations. 5. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendments to the City's Enterprise Zone Two and its current Subzone for the Department's review and consideration and to take such further action as may be necessary to meet other program requirements or to establish the boundary amendments as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. 192 6. Local incentives applicable for Enterprise Zone Two and its current Subzone shall also be applicable for any new areas covered by such approved boundary amendments. 7. Any such approved boundary amendments will be retroactive to the date as provided by such approval from the VDHCD. APPROVED ATTEST: ~~'M.~ Stephanie M. Moon, CMC City Clerk ~ ~crt:h C. Nelson Harris Mayor I I I I I I 193 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of March, 2008. No. 38028-030308. AN ORDINANCE to appropriate additional funding from Weed Cutting and Demolition, 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 Weed and Trash Abatement Program 01-61 5-8113-2134 $ 28,000.00 Revenues Weed Cutting and Demolition 01-110-1234-0836 28,000.00 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: ~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 March, 2008. No. 38029-030308. A RESOLUTION supporting and authorizing the City's application for designation as a Preserve America community. 194 WHEREAS, Preserve America is a White House initiative developed in cooperation with the Advisory Council on Historic Preservation, the U.S. Department of the Interior, and the u.s. Department of Commerce; WHEREAS, the members of the Council of the City of Roanoke understand that the goals of this initiative includ~ a greater shared knowledge about our Nation's past, strengthened regional identities and local pride, increased local participation in preserving the country's irreplaceable cultural and natural heritage assets, and support for the economic vitality of communities; WHEREAS, this initiative is compatible with the City of Roanoke's interests and goals related to historic preservation; and WHEREAS, designation as a Preserve America Community will improve the City of Roanoke's ability to protect and promote its historical resources. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that: 1 . City Council supports the designation of the City of Roanoke as a Preserve America Community, and that the City Manager is hereby authorized, for and on behalf of the City, to make application for such designation. 2. City Council will protect and celebrate Roanoke's heritage, use historic assets for economic development and community revitalization, and encourage people to experience and appreciate Roanoke's historic resources through education and heritage tourism programs. APPROVED ATTEST: ~"'n\.~~ Stephanie M. Moon, CMC City Clerk ~.~~ C. Nelson Harris Mayor I I I I I I 195 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of March, 2008. No. 38030-030308. A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A that will add certain areas to it and add as a new noncontiguous Subzone A certain other areas; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. WHEREAS, there are certain areas currently located outside the City's Enterprise Zone One A that are contiguous to it that are_ not currently a part of Enterprise Zone One A, but that can be added to it and that will benefit from the designation of those additional areas as part of Enterprise Zone One A, as set forth in a letter from the City Manager to Council dated February 19, 2008, and a supplemental letter to Council dated March 3, 2008; WHEREAS, the Virginia Enterprise Zone Grant Act of 2005, as amended, authorizes the amendment of an existing Enterprise Zone to add areas and to include noncontiguous subzones, thereby making qualified business firms within such an area eligible for Enterprise Zone benefits; WHEREAS, there are additional areas within the City of Roanoke which are eligible for designation as part of an Enterprise Zone and which may be able to benefit by being designated as a subzone of Enterprise Zone One A; WHEREAS, the ~ddition of certain areas of the City as part of the City's Enterprise Zone One A, as set forth above, has a potential to stimulate significant private sector investment within the City in areas where such business and industrial growth could result in much needed growth and revitalization; 196 WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, held a public hearing on February 19, 2008, on the above mentioned proposed boundary amendments, including the creation of a subzone, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendments to Enterprise Zone One A; WHEREAS, at the public hearing on February 19, 2008, a representative of the owners of 1.7 acres of property appeared and requested that such property, which will be contiguous to the proposed new Subzone A, be added to such Subzone A. An additional .3 acres of public right of way will also be included to make such area contiguous to Subzone A. Council tabled the matter regarding Enterprise Zone One A to allow City staff to review the request; and WHEREAS, City staff has recommended that such additional 2 acres be added to the new Subzone A, and that VDHCD staff has advised City staff that no further advertisements or public hearings are needed. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is hereby applying for boundary amendments to the City's Enterprise Zone One A, which amendments will add additional areas which are currently outside it and that will add as a noncontiguous Subzone A certain other areas not currently in Enterprise Zone One A. Such boundary amendments are more fully shown on the map attached to the City Manager's letter to Council dated February 19, 2008, and a revised map attached to a supplemental letter to Council dated March 3, 2008, and more fully described in such letters. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendments to the City's existing Enterprise Zone One A pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendments will add to it certain areas, including a new Subzone A, not currently in Enterprise Zone One A, all as more fully set forth in the above mentioned letters. I I I I I I 197 3. Council hereby certifies that it held a held a public hearing on February 19, 2008, as required by the Virginia Enterprise Zone Grant Act Regulations. 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendments to the City's Enterprise Zone One A for the Department's review and consideration and to take such further action as may be necessary to meet other program requirements or to establish the boundary amendments as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. 5. Local incentives applicable for Enterprise Zone One A shall also be applicable for any new areas covered by such approved boundary amendments. 6. Any such approved boundary amendments will be retroactive to the date as provided by such approval from the VDHCD. APPROVED ATTEST: ~~.~ Stephanie M. Moon, CMC City Clerk e, C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2008. No. 38031-031708. AN ORDINANCE to appropriate funding from the State Asset Sharing Program and Federal Asset Sharing Program, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 198 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment Expendable Equipment Revenues State Asset Forfeiture - Interest State Asset Forfeiture Federal Asset Forfeiture Federal Asset Forfeiture - Interest 35-640-3302-2035 35-640-3304-2035 $49,087.00 127,750.00 35-640-3302-3299 35-640-3302-3300 35-640-3304-3305 35-640-3304-3306 1,524.00 47,563.00 98,381.00 29,369.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~~~ C. Nelson Harris Mayor ~ T'1\.~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2008. No. 38032-031708. A RESOLUTION accepting the Assistance to Firefighters grant offer made to the City by the Department of Homeland Security, the Federal Emergency Management Agency (FEMA), and the U.S. Fire Administration 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: I I I I I I 199 1. The City of Roanoke does accept the Assistance to Firefighters grant offered by the Department of Homeland Security, the Federal Emergency Management Agency (FEMA), and the u.s. Fire Administration, in the amount of $302,424.00 with a local match of $75,606.00, upon all the terms, provisions and conditions relating to the receipt of such funds. The grant is more particularly described in the letter of the City Manager to Council dated February 19, 2008. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: c~~~ ~m.lY\~ Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 Th day of March, 2008. No. 38033-031708. AN ORDINANCE to appropriate funding from the federal government for the Assistance to Firefighters Program, amending and reordaining certain sections of the 2007-2008 Grant and Risk Management Funds Appropriations, and dispensing with the second reading by title of this ordinance. 200 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 Grant and Risk Management Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Other Equipment Revenues Assistance to Firefighters FY08 - Federal Assistance to Firefighters FY08 - Local Risk Management Fund Appropriations Self Insured Auto Claims Transfer to Grant Fund 35-520-3578-9015 $378,030.00 302,424.00 75,606.00 35-520-3578-3578 35-520-3578-3579 19-340-1262-2172 19-340-1265-9535 (4,000.00) 4,000.00 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: ~'r'r\.~ Stephanie M. Moon, CMC City Clerk c,vl~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2008. No. 38034-031708. I I A RESOLUTION authorizing the acceptance of a grant from the Governor's Youth Community Service and Civic Engagement program to be used to establish and implement a Service Learning Academy in connection with the Youth Haven program; and authorizing the execution of the necessary documents to accept such grant, upon certain terms and conditions. I I I I 201 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the grant from the Governor's Youth Community Service and Civic Engagement program, in the amount of $10,000.00, with a match by the City of $1 ,6Q 7 .00, to be used to establish and implement a Service Learning Academy program in connection with the Youth Haven program, as more particularly set forth in the March 17, 2008, letter of the City Manager to this Council. 2. The City Manager is hereby authorized to execute any and all requisite documents, upon form approved by the City Attorney, and to furnish such additional information to the Commonwealth as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: ~rn-~ Stephanie M. Moon, CMC City Clerk c.~ctt~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 Th day of March, 2008. No. 38035-031708. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Criminal justice Services for the Governor's Youth Community Service and Civic Engagement Program, amending and reordaining certain sections of the 2007-2008 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 202 General Fund Appropriations Transfer to Grant Fund Fees For Professional Services Grant Fund Appropriations Part-time Employee Wages FICA Program Activities Travel and Meals Revenues Service Learning Academy - State Service Learning Academy - Local 01-250-9310-9535 01-630-3360-1004 $ 1,667.00 (1,667.00) 35-630-5012-1004 35-630-5012-1120 35-630-5012-2066 35-630-5012-2144 9,075.00 695.00 1,764.00 133.00 35-630-5012-5012 35-630-5012-5013 10,000.00 1,667.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: c ua-ct1~ C. Nelson Harris Mayor ~'m.~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2008. No. 38036-031708. A RESOLUTION authorizing the addition of one new, full-time, permanent position for the Roanoke Commonwealth Attorney's Office. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby authorizes the addition of one new, full-time, permanent position, specifically an Administrative Secretary position in the Roanoke Commonwealth Attorney's Office, in accordance with the City Manager's letter to Council dated March 17, 2008. I I I I I I 203 2. The City Manager is authorized to take such action as may be necessary to implement the addition of the above referenced position. APPROVED ATTEST: ~m.~ Stephanie M. Moon, CMC City Clerk ~, !ke~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2008. No. 38037-031708. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia, and transfer funding from Pay Raise Contingency, for the new Commonwealth Attorney position, amending and reordaining certain sections of the 2007-2008 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement FICA Life Insurance Pay Raise Contingency Revenues Commonwealth's Attorney FY08- Comp Board 01-150-2210-1002 01-150-2210-1105 01-150-2210-1120 01-150-2210-1130 01-300-9410-1152 $2,824.00 444.00 216.00 32.00 (390.00) 01 - 11 0- 1 234-061 0 3,126.00 204 Pursuant to the provisions of Section 12 of the City Charter, the. second reading of this ordinance by title is hereby dispensed with. I ATTEST: APPROVED m.~~ Stephanie M. Moon, CMC City Clerk e~~~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 rh day of March, 2008. No. 38038-031708. AN ORDINANCE to appropriate funding from the Commonwealth and Federal governments as well as from local match, amending and reordaining certain sections of the 2007-2008 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. I BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teacher Extra-Duty Pay Professional Development Professional Development Social Security Postage Materials and Supplies Books Educational and Recreational Supplies Instructional Supplies Playground Equipment Turnaround Specialist Social Security Teachers 30-061-6718-0121-6053 30-061-6718-0129-6047 30-061-6718-0129-6053 30-061-6718-0201-6053 30-061-6718-0521-6053 30-061-6718-0601-6053 30-061-6718-0613-6047 6,720.00 2,000.00 6,000.00 514.00 250.00 3,875.00 10,000.00 30-061-671 8-061 4-6047 30-061-6718-0614-6053 30-061-6718-0822-6047 30-062-6717-0126-6000 30-062-6717-0201-6000 30-062-6719-0121-6450 25,000.00 7,641.00 13,000.00 13,853.00 1,147.00 14,181.00 I I I I 205 Social Security Instructional Supplies Instructor Professional Development Revenues State Grant Receipts State Grant Receipts Federal Grant Receipts Federal Grant Receipts State Grant Receipts Local Match 30-062-6719-0201-6450 30-062-6719-0614-6450 30-062-6916-0121-6100 30-062-6931-0129-6514 1,090.00 12,000.00 5,000.00 17,699.00 30-061-6718-1100 30-062-6717-1100 30-062-6719-1102 30-062-6916-1102 30-062-6931-1100 30-062-6931-1101 75,000.00 15,000.00 27,271.00 5,000.00 11,799.00 5,900.00 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: ~"rYl.~ Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2008. No. 38039-031708. AN ORDINANCE to amend ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to amend the Planned Unit Development Plan and the Pattern Book proffered as a condition of the conditional rezoning, to remove the stormwater drainage area, to reduce the front setback along Colonial Avenue, to provide additional pedestrian and parking areas, and to change the specified land use from "Commercial/Residential" to "Commercial or Commercial/Residential" as they pertain to Lot 1, Colonial Green Subdivision Phase 1, containing approximately 2.466 acres, identified by Official Tax No. 1570101, located on Colonial Green Circle, S.W.; and dispensing with the second reading by title of this ordinance. 206 WHEREAS, Colonial Green L.c., represented by joyce L. Graham, Manager, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend the Planned Unit Development Plan and the Pattern Book proffered as a condition of the conditional rezoning, to remove the stormwater drainage area, to reduce the front setback along Colonial Avenue, to provide additional pedestrian and parking areas, and to change the specified land use from "Commercial/Residential" to "Commercial or Commercial/Residential" as they pertain to Lot 1, Colonial Green Subdivision Phase 1, containing approximately 2.466 acres, identified by Official Tax No.1 570101, located on Colonial Green Circle, S.W.; 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 March 17, 2008, after due and timely notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the amendment of the Planned Unit Development Plan and the Pattern Book proffered as a condition of the conditional rezoning, for the property described as Official Tax NO.1 570101, located on Colonial Green Circle, S.W.; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the amendment of the Planned Unit Development Plan and the Pattern Book proffered as a condition of the conditional rezoning, to remove the stormwater drainage area, to reduce the front setback along Colonial Avenue, to provide additional pedestrian and parking areas, and to change the specified land use from "Commercial/Residential" to "Commercial or Commercial/Residential" as they pertain to Lot 1, Colonial Green Subdivision Phase 1, containing approximately 2.466 acres, identified by Official Tax No. 1570101, located on Colonial Green Circle, S.W., as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I I I I I I 207 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the Planned Unit Development Plan and the Pattern Book proffered as a condition of the conditional rezoning, to remove the stormwater drainage area, to reduce the front setback along Colonial Avenue, to provide additional pedestrian and parking areas, and to change the specified land use from "Commercial/Residential" to "Commercial or Commercial/Residential" as they pertain to Lot 1, Colonial Green Subdivision Phase 1, containing approximately 2.466 acres, identified by Official Tax NO.1 570101, located on Colonial Green Circle, S.W., as set forth in the-Amended Application No.2, dated january 18, 2008. 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: ~'rYI,~ Stephanie M. Moon, CMC City Clerk ~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2008. No. 38040-031708. AN ORDINANCE approving the Roanoke Valley Conceptual Greenway Plan and amending Vision 2001-2020, the City's Comprehensive Plan, to delete from it the current Roanoke Valley Conceptual Greenway Plan, adopted by City Council on April 21, 1997, and to include the Roanoke Valley Conceptual Greenway Plan dated February 21, 2008; and dispens_ing with the second reading by title of this ordinance. WHEREAS, on April 21, 1997, City Council adopted the current Roanoke Valley Conceptual Greenway Plan ("1995 Plan") by the adoption of Ordinance No. 33357-042197; 208 WHEREAS, on February 21, 2008, the Roanoke Valley Conceptual Greenway Plan dated February 21, 2008 (the "Plan"), was presented to the Planning Commission to update and replace the 1995 Plan; I WHEREAS, the Planning Commission held a public hearing on that date and recommended deletion of the 1995 Plan and adoption of the Plan and amending Vision 2001-2020, the City's Comprehensive Plan, to include such Plan; and WHEREAS, in accordance with the provIsions of 915.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on March 17, 2008, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the current Roanoke Valley Conceptual Greenway Plan, adopted by City Council on April 21, 1997, in Ordinance No. 33357-042197, is deleted from Vision 2001-2020. I 2. That this Council hereby approves the Roanoke Valley Conceptual Greenway Plan dated February 21, 2008, and amends Vision 2001-2020, the City's Comprehensive Plan, to include the Roanoke Valley Conceptual Greenway Plan dated February 21, 2008, as an element thereof. 3. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 4. Pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Q W~~~ ~ rn. frt!oYV Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor I I I I 209 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2008. No. 38041-031708. AN ORDINANCE approving the Bikeway Plan for the Roanoke Valley Area Metropolitan Planning Organization dated August, 2005, and amending Vision 2001-2020, the City's Comprehensive Plan, to include such Plan; and dispensing with the second reading by title of this ordinance. WHEREAS, on February 21, 2008, the Bikeway Plan for the Roanoke Valley Area Metropolitan Planning Organization dated August, 2005 (the "Plan"), was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on that date and recommended adoption of the Plan and amending Vision 2001-2020, the City's Comprehensive Plan, to include such Plan; and WHEREAS, in accordance with the provisions of 915.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Monday, March 17, 2008, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Bikeway Plan for the Roanoke Valley Area Metropolitan Planning Organization dated August, 2005, and amends Vision 2001 - 2020, the City's Comprehensive Plan, to include such Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 210 3. Pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: <~~. ~h1. ~~ Stephanie M. Moon, CMC City Clerk ~. ~cB~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2008. No. 38042-031708. A RESOLUTION approving a Complete Streets Policy for the City of Roanoke. WHEREAS, the City's Comprehensive Plan, Vision 2001-2020, identifies "Improving Streetscapes" as a Strategic Initiative and recommends the creation of a street design manual to guide the design of new streets and improvements to existing streets; WHEREAS, to implement this recommendation, an interdepartmental project team from the Planning, Building and Development Department, the Engineering Division and Transportation Division of the Public Works Department, and the Department of Parks and Recreation collaborated to create a set of Street Design Guidelines; WHEREAS, the Street Design Guidelines provide practical approaches to applying the general design principles contained in the comprehensive plan to create "Complete Streets;" and WHEREAS, the Planning Commission adopted the Street Design Guidelines on july 19, 2007, as an internal tool for developing Complete Streets. I I I I I I 211 THEREFORE, BE IT RESOLVED that City Council hereby adopts the Complete Streets Policy as set forth in the attachment to the City Manager's letter dated March 17, 2008, to Council. APPROVED ATTEST: ~hJ..~ Stephanie M. Moon, CMC City Clerk C; lA~ #~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2008. No. 38043-031708. A RESOLUTION supporting and authorizing the City's application for a Bicycle Friendly Community award and authorizing the City Manager to execute all necessary and appropriate documents in connection with such application. WHEREAS, the Bicycle Friendly Community Campaign is an awards program administered by the League of American Bicyclists that recognizes municipalities as Bicycle Friendly Communities for actively supporting bicycling, providing safe accommodation for bicyclists, and encouraging residents to bike for transportation and recreation; WHEREAS, this initiative is compatible with the City's interests and goals related to multimodal transportation and recreation; and WHEREAS, designation as a Bicycle Friendly Community will improve the City's ability to advance its bicycling programs, activities, and facilities. 212 THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that City Council supports the designation of the City as a Bicycle Friendly Community, and that the City Manager is hereby authorized, for and on behalf of the City, to make application for such designation and request feedback from the League of American Bicyclists about how to make the City more bicycle friendly and to execute on behalf of the City of Roanoke all necessary and appropriate documents in connection with such application. APPROVED ATTEST: ~~cU~ ~m.~ Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of March, 2008. No. 38044-031708. AN ORDINANCE to appropriate funding from the Commonwealth, billings to the Schools, salary lapse, contingency and Virginia Cooperative Extension to the Department of Social Services and Comprehensive Services Act, 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, in part: I I I I I I Appropriations Salary Lapse Contingency ADC Foster Care Special Needs Adoption Subsidized Adoption IV-E Day Care Services State and Local Hospitalization Foster Care-Therapeutic & Other CSA Administrative Training Virginia Cooperative Extension Revenues Foster Care Day Care CSA-State Supplement School Share of CSA 01-300-9410-1090 01-300-9410-2199 01-630-5314-3115 01-630-5314-3130 01-630-5314-3155 01-630-5314-3159 01-630-5330-2010 01-630-5410-3181 01-630-5411-2044 01-630-8210-3700 01-110-1234-0675 01-110-1234-0686 01-110-1234-0692 01-110-1234-1 376 213 $(900,000.00) (350,895.00) 1,494,794.00 163,064.00 358,513.00 26,300.00 (32,240.00) 5,241,587.00 (lO,OOO.OO) (23,540.00) 2,016,371.00 26,300.00 3,631,371.00 293,541.00 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: (Y), ~n-V Stephanie M. Moon, CMC City Clerk c C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2008. No. 38045-031708. AN ORDINANCE authorizing the lease of 742 square feet of space located within City-owned property known as the City Market Building, for a term of one year beginning April 1, 2008, and extending through March 31, 2009; and dispensing with the second reading of this ordinance by title. 214 WHEREAS, a public hearing was held on March 17, 2008, pursuant to 991 5.2-1 800(B) and 1 5.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on 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 Gone CoCo, LLC., for the lease of approximately 742 square feet of space located within City-owned property known as the City Market Building, for the operation of a retail business, for a term of one year, beginning April 1, 2008, and extending through March 31, 2009, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated March 17, 2008. 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: Q. ~~~~ C. Nelson Harris Mayor h/~ Stephanie M. Moon, CMC City Clerk ~. I I I I 21 4(a) IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 31st day of Marth, 2008. No. 38046-033108. A RESOLUTION appointing Alvin L. Nash as a member of the City Council for a term commencing upon his qualification and expiring June 30, 2010. WHEREAS, Alfred T. Dowe, Jr., member of City Council, has by letter dated February 23, 2008, resigned from City Council effective that date; WHEREAS, Mr. Dowe's term of office would have expired June 30, 2010. WHEREAS, the Circuit Court of the City of Roanoke has determined that no special election is required to fill Mr. Dowe's vacancy, and that Council is authorized to do so. I WHEREAS, this Council is desirous of appointing Alvin L. Nash to fill the Council vacancy created by the resignation of Mr. Dowe for a term commencing upon his qualification and expiring June 30, 2010. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The resignation of Alfred T. Dowe, Jr., as a member of the City Council effective February 23, 2008, is hereby acknowledged. 2. Alvin L. Nash is hereby appointed as a member of the Council of the City of Roanoke for a term commencing upon his qualification and expiring June 30, 2010. 3. Pursuant to 959 of the City Charter, before entering upon the duties of a member of City Council, Alvin L. Nash shall qualify for office by taking the oath prescribed by general law of the Commonwealth. APPROVED ATTEST: c~qt~ C. Nelson Harris Mayor .~Oh.~ Stephanie M. Moon, CMC .--^ City Clerk I I This Page is Intentionally Blank I I I I I 215 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2008. No. 38047-040708. A RESOLUTION paying tribute to the United States Army Reserve on its 1 OOth anniversary. WHEREAS, the United States Army Reserve will celebrate its historic 100th anniversary in 2008; WHEREAS, the Army Reserve's miSSion is to provide trained and ready soldiers and units with the critical combat service and combat support capabilities necessary to protect the nation during peacetime, during any contingency, and in war; WHEREAS, the Army Reserve is a key element in the United States Army's multi-component force, training with active and National Guard units to ensure all three components work as a fully integrated team; WHEREAS, a reserve force was established April 23, 1908, when the Congress of the United States created the Medical Reserve Corps., so that a group of medical officers could be called to active duty in the event of a national emergency; WHEREAS, today, that reserve force, which was founded with 360 doctors, is known as the United States Army Reserve, which is a specialized force of over one million "Warrior-Citizens of America"; WHEREAS, the concept of the Army Reserve sprung from the ideal of the federal "citizen soldier," first proposed by George Washington and the Founding Fathers over 200 years ago; WHEREAS, in 1916 Congress passed the National Defense Act that created the Officer's Reserve Corps, the Enlisted Reserve Corps, and the Reserve Officer's Training Corps; WHEREAS, more than 160,000 Army Reserve soldiers served on active duty during World War I, and more than 200,000 Army Reserve soldiers were serving their country on active duty on every front by the end of World War II; 216 WHEREAS, the brave and dedicated soldiers of the Army Reserve serve on the front lines of the 'first wars of the 21st century as operations continue in both Iraq and Afghanistan; and WHEREAS, commands throughout the Army Reserve have hosted events in 2007 and will host events in 2008 to celebrate its illustrious birthday and demonstrate "100 Years of Army Strong." THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this resolution as a means of recognizing and commending the United States Army Reserve on the occasion of its 100th anniversary. 2. The City Clerk is directed to forward an attested copy of this resolution to the United States Army Reserve. APPROVED ATTEST: ~h1,~ Stephanie M. Moon, CMC City Clerk C,~euvt C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2008. No. 38048-040708. A RESOLUTION approving the Roanoke Regional Airport Commission's 2008-2009 proposed operating and capital budget upon certain terms and conditions. I I I I I I 217 BE IT RESOLVED by the Council of the City of Roanoke that in accordance with the requirements of the Roanoke Regional Airport Commission Act, as amended by the General Assembly of Virginia, Chapter 385, 1996 Acts of Assembly, and the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended by First Amendment, dated December 6, 1996, the City of Roanoke hereby approves the Airport Commission's 2008-2009 proposed operating and capital budget, as well as a separate listing of certain proposed capital expenditures, as more particularly set forth in a report from the Commission to this Council, dated March 26, 2008. APPROVED ATTEST: ~rn.~ Stephanie M. Moon, CMC City Clerk c\ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2008. No. 38049-040708. AN ORDINANCE authorizing the City Manager to execute Amendment No. 2 to the Agreement for the Development of Colonial Green dated December 27, 2004, such Amendment No. 2 to be entered into by the City and Colonial Green, L.c.; and dispensing with the second reading by title of this ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, Amendment No. 2 to the Agreement for the Development of Colonial Green dated December 27, 2004, to be entered into by the City and Colonial Green, L.c., all as more fully set forth in the letter to this Council dated April 7, 2008. 218 2. Pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~h1.~ Stephanie M. Moon, CMC City Clerk QJ-tQ~~~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2008. No. 38050-040708. An ORDINANCE authorizing the City Manager's issuance and execution of a Change Order to the City's contract with Alan L. Amos, Inc., for a reduction in the amount of work and contract amount for the removal of precast panels at Market Garage; and dispensing with the second reading by title of this Ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute a Change Order to the City's contract with Alan L. Amos, Inc., for a reduction in the amount of work and contract amount for the removal of precast panels at Market Garage, all as more fully set forth in the City Manager's letter to this Council dated April 7, 2008. 2. The form of such Change Order shall be approved by the City Attorney. 3. Such Change Order will provide authorization for a reduction in the amount of the work, with a decrease in the amount of the contract in the amount of $110,966.80, all as set forth in the above letter. I I I I I I 219 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: ~ hi. mbtrJ Stephanie M. Moon, CMC ( City Clerk c' C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2008. No. 38051-040708. A RESOLUTION authorizing the acceptance of a U. S. Department of Agriculture (USDA) and Natural Resources Conservation Service (NRCS) Wildlife Habitat Incentives Program (WHIP) Funds grant for the replacement of the Wiley Drive Upstream Low Water Bridge; approving certain WHIP contract documents; and authorizing the City Manager to execute any necessary documents or agreements to receive, implement, and administer such grant. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the USDA/NRCS WHIP Funds grant in the amount of $301,350.00, for the replacement of the Wiley Drive Upstream Low Water Bridge, all as more particularly set forth in the letter dated April 7, 2008, from the City Manager to this Council, and Council also approves the WHIP contract documents described in such letter. 2. The City Manager is hereby authorized to execute any and all requisite agreements and 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. 220 3. The City Manager is hereby authorized to take any necessary action and execute such other documents as may be necessary to receive, implement, and administer such grant and complete the above project. APPROVED ATTEST: e.~~cvv4 - rn ~D&y..) Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2008. No. 38052-040708. AN ORDINANCE to appropriate funding from the United States Department of Agriculture and the Natural Resources Conservation Service to the Wiley Drive Upstream Low Water Bridge Replacement project, amending and reordaining certain sections of the 2007-2008 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 Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Grant Funds 08-530-9520-9002 Revenues Wiley Drive Bridge Replacement - USDA/NRCS 08-530-9520-9520 301,350.00 301,350.00 I I I I I I 221 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~3Y). f-'r)~ Stephanie M. Moon, CMC City Clerk C~cif~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2008. No. 38053-040708. A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2008 tax year. WHEREAS, in accordance with the requirements set forth in Section 58.1- 3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief Program or "PPTRA") of Chapter 951 of the 2005 Acts of Assembly, qualifying vehicles with a taxable situs within the City commencing January 1, 2008, shall receive personal property tax relief; and, WHEREAS, this Resolution is adopted pursuant to Ordinance 37221- 101705 adopted by City Council on October 17, 2005. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That tax relief shall be allocated such as to provide 100% tax relief for qualifying personal use vehicles valued at $1,000.00 or less. 2. That qualifying personal use vehicles valued at $1,001.00-$20,000.00 will be eligible for 60.67% tax relief. 222 3. That qualifying personal use vehicles valued at $20,001.00 or more shall only receive 60.67% tax relief on the first $20,000.00 of value. 4. That all other vehicles which do not meet the definition of "qualifying" (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PPTRA funds allocated to the City of Roanoke by the Commonwealth of Virginia. APPROVED ATTEST: . - fY7. htbwJ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2008. No. 38054-040708. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a portion of Official Tax Map No. 6472302, located at Countryside Golf Course, to Newbern Properties, LLC., and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on February 19, 2008, pursuant to 991 5.2-1 800(B) and 1 5.2-1813, 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: I I I I I I 223 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 Newbern Properties, LLC., of a 1.05 acre parcel of City-owned property, being a portion of Official Tax No. 6472302, located at Countryside Golf Course, for the consideration of $55,000.00, upon the terms and conditions set forth in the City Manager's letter to this Council dated February 19, 2008. 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: ~ 0vJ. h[D~ Stephanie M. Moon, CMC City Clerk l JL~~ c. Ne son Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21't day of April, 2008. No. 38055-042108. A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2008-2009 for the operation of the regional government and educational access station, Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. WHEREAS, the Roanoke Valley Regional Cable Television Committee (Committee) has reviewed and approved the annual budget for Fiscal Year 2008-2009 for the operation of RVTV and has requested that the City of Roanoke approve that budget; 224 WHEREAS, the Committee is comprised of representatives from the City of Roanoke, Roanoke County, and the Town of Vinton and these jurisdictions have agreed to provide funding for the purposes for which the Committee was created, including the support of the operation of a regional government and educational access station, RVTV; I WHEREAS, such jurisdictions have agreed to provide funding as provided for in the agreement creating the Committee and the Committee has recommended that the City of Roanoke provide partial funding to RVTV in the amount of $176,706.00 which is within the limits provided for in the agreement; and WHEREAS this Council desires to approve the recommendation of the Committee and provide partial funding as requested by the Committee. . THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The annual budget of $353,767.00 for Fiscal Year 2008-2009 for the operation of the regional government and regional educational access station, RVTV, plus an additional amount of $3,360.00 to be paid by the City for the cost of providing closed captioning service for televising City Planning Commission meetings, as set forth in a letter to this Council dated April 21, 2008, is hereby approved. I 2. The amount of $176,706.00 (which consists of $173,346.00 plus the $3,360.00 for closed captioning) will be provided by the City of Roanoke as its prorata share for the annual operational budget for RVTV for the Fiscal Year 2008-2009 as requested in the letter to this Council dated April 21, 2008. APPROVED ATTEST: m'h7I)~ Stephanie M. Moon, CMC City Clerk C U~~ifVWV C. Nelson Harris Mayor I I I I 225 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21't day of April, 2008. No. 38056-042108. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2008-2009, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for the Roanoke Valley Resource Authority for Fiscal Year 2008-2009, in the amount of $9,949,61 5.00 is hereby approved, all as more particularly set forth in a letter to the City Clerk, dated March 26, 2008, from Daniel D. Miles, P.E., Chief Executive Officer of Roanoke Valley Resource Authority, copies of which have been provided to Council. APPROVED ATTEST: c~~ ~ r>;.hJDu-N Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2008. No. 38057-042108. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Compensation Board Technology Trust Fund for Supreme Court of Virginia fees for upgrades, maintenance, and other charges in the Office of Circuit Court Clerk, amending and reordaining certain sections of the 2007- 2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 226 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 35-120-5154-2010 $45,391.00 Revenues Comp Board Tech Trust Fund FY08 35-120-51 54-51 54 45,391.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~Yh.iYJu~ Stephanie M. Moon, CMC City Clerk c,~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2008. No. 38058-042108. A RESOLUTION naming a new City parking garage the Campbell Garage; establishing parking fees for such new garage; providing that the provisions of Resolution No. 37901-091707 establishing parking procedures and other matters for City parking facilities shall also be applicable to Campbell Garage; and directing amendment of the Fee Compendium. BE IT RESOLVED by the Council of the City of Roanoke that: I I I 227 I 1. In accordance with the recommendation in the City Manager's letter to Council dated April 21, 2008, Council hereby names the new City parking garage located at 335 Campbell Avenue, S.W., the "Campbell Garage." 2. The parking fees for the Campbell Garage shall be in accordance with the following fee schedule effective May 1, 2008: Campbell Garage Fee Schedule Monthly unreserved $65jmo Short term weekdays 8 am to 4 pm Per .5 hr. $1.00 over 2.5 hrs. $6.00 Short term weeknights $2.00 flat rate 4 pm to 9 pm Saturday FREE Sunday FREE I 3. The provIsions of Resolution No. 37901-091707, adopted by Council on September 17, 2007, establishing parking procedures and other items for City parking facilities are hereby incorporated herein by reference and are hereby applicable to Campbell Garage. 4. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fees to be charged at the Campbell Garage' APPROVED ATTEST: ~"oo), .D1t>>rtJ Stephanie M. Moon, CM'c- City Clerk e ,Uelson Harris Mayor I 228 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 21st day of April, 2008. No. 38059-042108. AN ORDINANCE to establish revenue estimates and appropriate or transfer expenses to fund the operations of the Campbell Garage for the remainder of fiscal year 2008, amending and reordaining certain sections of the 2007-2008 Parking Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the folloWing sections of the 2007-2008 Parking Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Administrative Supplies - Market Garage 07-540-8200-2030 $(2,000.00) Building Maintenance - Elmwood Lot 07-540-8208-2050 (4,450.00) Professional Services - Campbell I Garage 07-540-8213-2010 18,100.00 Telephone - Campbell Garage 07-540-8213-2020 300.00 Electric - Campbell Garage 07-540-8213-2022 3,800.00 Water and Sewage - Campbell Garage 07-540-8213-2026 100.00 Administrative Supplies - Campbell Garage 07-540-8213-2030 2,000.00 Equipment Maintenance - Campbell Garage 07-540-8213-2048 250.00 Building Maintenance - Campbell Garage 07-540-8213-2050 3,000.00 Administrative Supplies - Ctr in Sq Garage 07-540-8215-2030 (1,500.00) Building Maintenance - Ctr in Sq Garage 07-540-8215-2050 (11,900.00) Building Maintenance - Williamson Lot 07-540-8230-2050 (3,000.00) Revenues Campbell Garage Monthly Parking 07-110-1234-0592 2,700.00 Campbell Garage Short Term Parking 07-110-1234-0593 2,000.00 I I I I 229 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ '/nhfrrW Stephanie M. Moon, CMC City Clerk c,~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2008. No. 38060-042108. AN ORDINANCE amending and reordaining Section 7-5, Adopted: where copies filed, and adding a new Section 7-8, Permit reauirement in historic district, Article II, Buildina Code, of Chapter 7, Buildina Reaulations, of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 7-5, AdoPted: where copies filed, Article II, Buildina Code, of Chapter 7, Buildina Reaulations, of the Code of the City of Roanoke (1979), as amended, shall be amended to read and provide as follows: 230 Section. 7-5. AdoPted: where copies filed. The provisions, requirements and regulations contained in the Virginia Uniform Statewide Building Code (200-3-6 edition), and each of the component parts, including, but not limited to, the International Building Code (200-3-6 edition), the International Property Maintenance Code (200-3-6 edition), the International Plumbing Code (200-3-6 edition), the International Mechanical Code (20016 edition), the National Electrical Code (200i- 5 edition), the International Fuel Gas Code (200-3-6 edition), the International Energy Conservation Code (200-3-6 edition), the International Residential Code for One and Two-Family Dwellings (200-3-6 edition), and the International Existing Building Code (200-3-6 edition), including all supplements to such component parts, as the same may from time to time be amended by the State Board of Housing and Community Development, are hereby adopted by the city and incorporated herein by reference as if set out at length herein. The Virginia Uniform Statewide Building Code (200-3-6 edition), and its component parts, shall be controlling in the construction, reconstruction, alteration, enlargement, repair, maintenance, conversion or demolition of buildings and other structures contained within the corporate limits of the city. Such code, or any of its components, shall be referred to in this chapter as the building code. Copies of the building code shall be kept on file in the office of the building commissioner and in the office of the city clerk. 2. Article II, Building Code, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, shall be amended by the addition of new Section 7-8, Permit requirement in historic district, to read and provide as follows: Section. 7-8. Permit reauirement in historic district. The Building Official shall require a permit for the installation of replacement siding, roofing and windows, in buildings within a historic district designated by the City Council for the City of Roanoke. 3. . This ordinance shall be effective on May 1, 2008. I I I I I I 231 4. Pursuant to the provIsions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: A~ tY). rY;ow Stephanie M. Moon, CMC City Clerk c LkQ4t~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2008. No. 38061-042108. AN ORDINANCE authorizing the City Manager to execute a Memorandum of Understanding Among the Statewide Agencies Radio System ("STARS"), the Commonwealth Link to Interoperable Communications Interoperable Networks ("COMLlNC"), and the City of Roanoke, in connection with the Roanoke Metropolitan Statistical Area ("MSA") Radio Interoperability Project, establishing Roanoke as the grant administrator of the Roanoke MSA Interoperability Project, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and attest respectively, a Memorandum of Understanding among the Statewide Agencies Radio System ("STARS"), the Commonwealth Link to Interoperable Communications Interoperable Networks ("COMLlNC"), and the City of Roanoke, in connection with the Roanoke Metropolitan Statistical Area ~("MSA") Radio Interoperability Project that establishes the guidelines for the oversight of implementation of the project with participating municipalities, and as further stated in the City Manager's letter to this Council dated April 21, 2008. 232 2. The City of Roanoke is hereby authorized to serve as the grant administrator for those participating municipalities that are within the Roanoke MSA, as further referenced in the City Manager's letter. Funding for the Project was previously awarded to the City by the Department of Homeland Security and the Virginia State Police. I 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 Jr;. h;O-vvJ S ep anie M. Moon, CMC City Clerk C?,~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2008. No. 38062-042108. I A RESOLUTION authorizing the appropriate City officials to enter into the 2007-2008 Community Development Block Grant ("CDBG") Subgrant Agreement with the Southwestern Virginia Second Harvest Food Bank, Inc. ("Second Harvest"), 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 Second Harvest, 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 April 21, 2008, to City Council. APPROVED c~~~ C. Nelson Harris Mayor I ATTEST: ~ 011. h-v>~ Stephanie M. Moon, CMC - - r City Clerk I I I 233 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2008. No. 38063-042108. AN ORDINANCE to appropriate funding from the Commonwealth and Federal governments as well as from local match and corporate rebates for various School programs, as well as to appropriate funding from the 2007-2008 Capital Maintenance and Equipment Replacement Program for the Other Post Employment Benefit (OPEB) liability, amending and reordaining certain sections of the 2007-2008 General and School Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 General and School Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to School Fund-CMERP Fund Balance Reserve for CMERP - Schools School Fund Appropriations Superintendent's Initiative - OPEB Teacher Stipends Social Security Health Insurance Travel Instructional Materials Professional Development Social Security Professional Services School Instructional Technology Medical Supplies Revenues Transfer from General Fund Federal Grant Receipts State Grant Receipts Local Match Corporate Rebate 01-250-9310-9532 01-3324 30-060-7262-0589-6662 30-062-6145-0121-6104 30-062-6145-0201-6104 30-062-6145-0204-6104 30-062-6145-0551-6104 30-062-6145-0614-6104 30-062-6720-0129-6308 30-062-6720-0201-6308 30-062-6720-0313-6308 30-062-6917-0826-6102 30-063-6624-0605-6672 30-060-6000-1356 30-062-6145-1102 30-062-6720-1100 30-062-6917-1101 30-063-6624-1103 $141,299.00 (141,299.00) 1,000,000.00 10,200.00 781.00 ( 5,363.00) (2,000.00) ( 1,600.00) 8,910.00 682.00 488.00 166,000.00 3,400.00 141,299.00 2,018.00 10,080.00 166,000.00 3,400 .00 234 Fund Balance Undesignated Fund Balance 30-3324 (858,701.00) 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: ~ ~~ rn. h]vJMJ Stephanie M. Moon, CMC City Clerk C. Nelon Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2008. No. 38064-042108. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to establish a Comprehensive Sign Overlay District within the City of Roanoke adjacent to Orange Avenue, N.E.; and dispensing with the second reading by title of this ordinance. WHEREAS, Parkway Wesleyan Church, Inc., represented by Maryellen Goodlatte, attorney, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to establish a Comprehensive Sign Overlay District on the hereinafter described property within the City, zoned INPUD, Institutional Planned Unit Development District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; I I I I I I 235 WHEREAS, a public hearing was held by City Council on such application at its meeting on April 21, 2008, after due and timely notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed establishment of the comprehensive sign overlay district; 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 that the hereinafter described property located between Belle Avenue, N.E., and Orange Avenue, N.E., being more specifically identified as Official Tax Nos. 7110105 and 7110121, should be designated as a Comprehensive Sign Overlay District, as herein provided, and finds that such district meets the standards set forth in 936.2-336, Code of the City of Roanoke (1979), as amended, and will serve the public purposes and objectives set forth in 936.2-660 of the Code of the City of Roanoke (1979), as amended, at least as well, or better, than the signage that would otherwise be required or permitted by Chapter 36.2. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. 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 Official Tax Nos. 7110105 and 7110121, located between Belle Avenue, N.E., and Orange Avenue, N.E., be, and are hereby established as a Comprehensive Sign Overlay District zoned INPUD, Institutional Planned Unit Development District, such district initially allowing the installation of one development identification sign located near the property frontage on Mexico Way, N.E., and one freestanding sign with an electronic readerboard located on property identified as Official Tax No. 7110105, near the property frontage on Orange Avenue, N.E., both such signs being subject to certain height, area, facing and site restrictions and cumulative square footage limitations, as set forth in the Amended Application No.2 dated March 17, 2008. 236 2. Pursuant to the provisions of Section 12 of the City Charter, the I second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~P7. h-;D~ Stephanie M. Moon, CMC City Clerk ~w~L C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2008. No. 38065-042108. AN ORDINANCE authorizing the proper City officials to execute a Deed of Gift of Easement from the City of Roanoke to the Virginia Outdoors Foundation, and the Western Virginia Land Trust, granting to the Foundation and the Trust a conservation easement covering approximately 6,185 acres at the Carvins Cove Natural Reserve, consisting of all the portion of the Reserve owned by the City that is above the 1,500 foot elevation contour line as depicted on the Daleville, Catawba, Roanoke and Salem USGS Topographic Quadrangle Maps; and dispensing with the second reading by title of this ordinance. I WHEREAS, a public hearing was held April 21, 2008, pursuant to 915.2- 1800(B) and 915.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the above referenced matter. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, a Deed of Gift of Easement from the City of Roanoke to the Virginia Outdoors Foundation and the Western Virginia Land Trust, upon certain terms and conditions, as more particularly set forth in the April 21, 2008, letter of the City Manager to Council. I I I I 237 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: ~ /'n. rv;o~ c2.XeQ~~ C. Nelson Harris Mayor Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2008. No. 38066-042108. AN ORDINANCE authorizing the vacation of a drainage easement, on property identified as Tax Map No. 6520106, located on Thirlane Road, and owned by Farmer's Warehouse, Inc., upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on April 21, 2008, pursuant to 99 1 5.2-1800 (B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on this proposed vacation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents to vacate the drainage easement on property identified as Tax Map No. 6520106, located on Thirlane Road, and owned by Farmer's Warehouse, Inc., upon the terms and conditions set forth in the City Manager's letter to Council dated April 21, 2008. 238 2. Pursuant to Section 12 of the City Charter, the second reading of I this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~h7,J-v;o~ Stephanie M. Moon, CMC City Clerk ~~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2008. No. 38067-042108. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of City owned property designated as I Roanoke County Parcel No. 089.00-03-35.00-0000, located on Jae Valley Road in Roanoke County; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on April 21, 2008, 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 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 Sandra R. Reedy of a parcel of City owned property containing approximately 17.29 acres, being Roanoke County Parcel No. 089.00-03-35.00-0000, located on Jae Valley Road in Roanoke County, for the consideration of $40,800.00, upon the terms and conditions set forth in the City Manager's letter to this Council dated April 21, 2008. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. I I I I 239 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 ~.~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of May, 2008. No. 38068-050508. A RESOLUTION commending the Honorable john Brownlee. WHEREAS, the City of Roanoke values its relationship with the Office of the United States Attorney for the Western District of Virginia; WHEREAS, the Honorable john Brownlee was appointed to the position of United States Attorney on October 16, 2001. WHEREAS, the Honorable john Brownlee has provided the citizens of the City of Roanoke with dedicated service towards the removal of criminals from the community; WHEREAS, the Honorable john Brownlee was continually proactive in his responses to the suppression of violent crime by providing overtime funding and attorney and transportation support for special investigations; WHEREAS, the Honorable john Brownlee authorized and supported the juvenile Curfew Center and other like grant programs that benefited the citizens of the City of Roanoke; WHEREAS, under the Honorable john Brownlee's direction, the Office of the United States Attorney for the Western District of Virginia has provided the City of Roanoke Police Department with over $4,000,000 in seized assets. 240 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke I that it does hereby commend and thank the Honorable john Brownlee for his service and dedication to the safety and welfare of the citizens of this great City. APPROVED ATTEST: ~ht. '!lau>v Stephanie M. Moon, CMC City Clerk G1{~~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2008. No. 38069-051208. I AN ORDINANCE amending Article VIII, Cigarette Tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979) as amended, by establishing a new Section 32-199.1 Penalties for late payment. fraud. evasion. etc., to allow the imposition of monetary penalties and interest due to late payment or evasion of the cigarette tax as authorized by Section 58.1-3832 of the Code of Virginia (1950) as amended; providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979) as amended, is hereby amended and reordained by the addition to Article VIII, Ciqarette Tax. of Chapter 32, Taxation, of a new Section 32- 199.1, Penalties for late payment. fraud. evasion. etc., which shall read and provide as follows: Sec.32- 199.1. Penalties for late lJavment. fraud. evasion. ete. In addition to the seizure of unstamped cigarettes as allowed herein, a late payment penalty in the amount of ten percent (lO%) of the tax that is due for such cigarettes shall be imposed monthly upon any person, dealer or seller owing such tax to the locality. In the event the tax is not paid due to fraud or evasion of the tax, a penalty in the amount of fifty percent (SO%) of the tax that is due I I I I 241 shall be assessed monthly upon such person, seller or dealer owing such tax to the locality. Interest shall be imposed upon all taxes overdue and unpaid in the amount of three quarters of one percent (O.7S%) of the tax per month. Provided, however, the mere possession of untaxed cigarettes in quantities of not more than six cartons shall not be a considered a violation of this article. 2. This ordinance shall be in full force and effect upon it passage. 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. , APPROVED ATTEST: A~dr1.~~ Stephanie M. Moon, CMC City Clerk t~~~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2008. No. 38070-051208. AN ORDINANCE amending and reordaining Section 20-28(d), Tax Imposed. of Article II, Vehicle Licenses of Chapter 20, Motor Vehicles and Traffic. Code of the City of Roanoke; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 20-28(d), Tax Imposed, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke, is hereby amended and reordained to read and provide as follows: 242 9 20-28. Tax Imposed. I An annual license tax is hereby imposed on the motor vehicles, trailers and semitrailers listed below and operating within the city as follows: * * * d. ftghtFifteen dollars ($-815.00) for a motorcycle, with or without a sidecar. * * * 2. 2008. This Ordinance shall be in full force and effect on and after july 1, 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~tn.~ Stephanie M. Moon, CMC City Clerk I C,W~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2008. No. 38071-051208. AN ORDINANCE amending and reordaining Section 20-138, Fees. of Division 2, Registration, of Article VII, Mopeds. Bicycles And Electric Power- Assisted Bicycles of Chapter 20, Motor Vehicles and Traffic. Code of the City of Roanoke; providing for an effective date; and dispensing with the second reading by title of this ordinance. I I I I 243 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 20-138, Fees, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke, is hereby amended and reordained to read and provide as follows: 9 20-138. Fees. When a moped is registered, there shall be paid as a fee the sum of futefifteen dollars ($-5-15.00). When the registration is changed from one (1) person to another or from one moped to another, there shall be paid the sum of five dollars ($5.00). When a number plate or tag is issued to replace one that has been mutilated, lost, stolen or misplaced, there shall be paid the sum of one dollar ($1.00). Such sums shall be paid to the city treasurer, and shall be used for the purpose of defraying the costs and expenses incident to the registration of such mopeds and carrying out the provisions of this article. 2. 2008. This Ordinance shall be in full force and effect on and after july 1, 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~h!.~ Stephanie M. Moon, CMC City Clerk ~, ~cN~ C. Nelson Harris Mayor 244 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 12th day of May, 2008. No. 38072-051208. AN ORDINANCE amending 91-21, Courtroom security assessment, Code of the City of Roanoke, to increase the assessment by the City of a fee to provide funding of courthouse security personnel, pursuant to 953.1-120, Code of Virginia (1950), as amended; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 1-21, Courtroom security assessment, Code of the City of Roanoke, is hereby.amended to read and provide as follows: 91-21. Courtroom security assessment. As authorized by Section 53.1-120, Code of Virginia (1950), as amended, effective July 1, 2002, the clerks of the city's district and circuit courts, respectively, shall assess and collect the sum of futeten dollars $-5-10.00 as part of the costs in each criminal or traffic case in which the defendant is convicted of a violation of any statute or ordinance. Such sums shall be collected by the clerk of the court in which the case is heard, remitted to the city treasurer, and be held by the treasurer subject to appropriation by city council to the sheriff's office for the funding of courthouse security personnel. I 2. 2008. This Ordinance shall be in full force and effect on and after July 1, 3. Pursuant to 912 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: fsHJ-~ fh. mOtl-AJ Stephanie M. Moon, CMC { City Clerk ~/~.~ C. Nelson Harris Mayor I I I I 245 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2008. No. 38073-051208. A RESOLUTION providing for the amendment of certain Fire and EMS fees, and the establishment of a new Fire Engine Standby Fee; providing for an effective date; and directing amendment of the Fee Compendium. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The following Fire and EMS fees to be charged by the Fire-EMS Department, as more particularly described in the letter of the City Manager to Council dated May 12, 2008, are hereby established for the following types of services. EMS Standby Fee EMS Basic Life Support Fee EMS Advanced Life Support 1 Fee EMS Advanced Life Support 2 Fee Old Fee $35.00jnour $300.00 $360.00 $ 5 50.00 New Fee $ 50.00jhour $350.00 $450.00 $600.00 2. The following Fire and EMS fee is hereby established to be charged by the Fire EMS Department as more particularly described in the letter of the City Manager to Council dated May 12, 2008, for the following type of service: Fire Engine Standby Fee $100.00jhour 3. The above mentioned amended and established fees shall be effective July 1, 2008. 4. The Fee Compendium of the City, maintained by the Director of' Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to add the amended and new fees to be charged by the Fire-EMS Department. ,.' APPROVED ATTEST: ~m. YnOIhv Stephanie M. Moon, CMC City Clerk ~~~ C. Nelson Harris Mayor 246 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 12th day of May, 2008. No. 38074-051208. AN ORDINANCE amending Section 20-89, Pena~ties for unlawful parkino, Division 3, Duties of Police Officers: Penalties for Unlawful Parkino, Article IV, Stopping. Standino and Parkino, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended in order to increase the fines for parking in a fire lane or blocking a fire hydrant; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending Section 20-89, Penalties for unlawful parkino, Division 3, Duties of Police Officers. Penalties for Unlawful Parkino, Article IV, Stoppino. Standino and Parking, of Chapter 20, Motor Vehicles and Traffic to read and provide as follows: ~ 20-89 Penalties for unlawful parking. I (a) It shall be unlawful and shall constitute a. parking violation, unless otherwise designated as a misdemeanor, for any person to violate any of the provisions of division 1 of this article. (b) Written notice from a police officer for violation of division 1 of this article and penalties. (1) Every person receiving written notice from a police officer that he has violated any of the sections of division 1 of this article may waive his right to appear and be formally tried for the violation set forth in the notice upon the voluntary payment, as penalty and in full satisfaction of such violation, of the pena.lty set forth below. Such penalty shall be paid to the city treasurer during the regular working hours of his office or through any other method established by city council for the routine payment of such penalties. For purposes' of this subsection, penalties shall be deemed to have been "paid" when full payment therefore has been received by the city treasurer, regardless of whether such penalty is paid in person or is mailed. The city treasurer shall be authorized to accept partial payment of penalties due. Penalties for parking violations shall be as follows: I I I I 247 TABLE INSET: Column 1 Column 2 Column 3 Section Violation Penalty Penalty If paid within 15 days of If paid after 1 5 days of the issuance by an the issuance by an officer of a notice of officer of a notice of violation violation 20-65(3); 20-65(6); 20- $10.00 $25.00 65(7); 20-65(10); 20- 65(12); 20-65(13); 20- 70; 20-72; 20-73 or 20- 75 20-65(14) or 20-68 First Warning Ticket N/A violation 20-65(14) or 20-68 15.00 30.00 Second violation, but the first violation on that calendar day 20-65(14) or 20-68 30.00 45.00 Second violation on the same calendar day 20-65(14) or 20-68 For 45.00 60.00 , the third or more violation on that calendar day 20-69 (except 20.00 20.00 subsection (i)) 20-65(1); 20-65(2); 20- 20.00 35.00 65(5); 20-65(8); 20- 65(9); 20-66; 20-67; or 20-71 20-65(15) 25.00 40.00 20-6S(4) 3].00 SO. 00* 48.00 6S.00 20 65(4) or 20-74 33.00 SO. 00 48.00 6S.00 20-69(i) or 20-76 125.00 140.00 *Includes $30.00 processing fee. * * * 248 2. Pursuant to Section 12 of the City Charter, the second reading of I this ordinance by title is hereby dispensed with. 3. This ordinance shall be effective July 1, 2008. APPROVED ATTEST: !P11~2Y? mOOYLJ Stephanie M. Moon, CM~ ( City Clerk G~~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2008. No. 38075-051208. I AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by adding a new subsection (f) to Section 11.1-5, Land disturbino permit requirements, to Chapter 11" 1, Erosion and Sediment Control; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of a new subsection (f) to Section 11.1-5, Land disturbino permit requirements, to Chapter 11.1, Erosion and Sediment Control, to read and provide as follows: Sec. 11.1 c5. Land disturbing permit requirements. (f) The fee for a land disturbing permit shall be $100.00 plus $SO.OO per acre. 2. This ordinance shall be effective on July 1, 2008. I I I I 249 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: ~ ~~ }no IY;OrJ1U Stephanie M. Moon, CMC City Clerk (2/LJJl-~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2008. No. 38076-051208. AN ORDINANCE adopting the annual General, Civic Facilities, Parking, Market Building, Department of Technology, Fleet Management, Risk Management, School, School Food Services and Grant Funds Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2008, and ending June 30, 2009; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the General, Civic Facilities, Parking, Market Building, Department of Technology, Fleet Management, Risk Management, School, School Food Services and Grant Funds in the fiscal year beginning July 1, 2008, and ending June 30, 2009, shall constitute General, Civic Facilities, Parking, Market Building, Department of Technology, Fleet Management, Risk Management, School, School Food Services, and Grant Funds and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: 250 General Fund Revenues General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Intergovernmental Revenue Charges for Current Services Miscellaneous Total Revenues Appropriations Treasurer Clerk of Circuit Court Juvenile and Domestic Relations Court Servi.ces Juvenile and Domestic Relations Court Clerk Magistrate General District Court Circuit Court Commissioner of the Revenue Sheriff Jail Commonwealth's Attorney Cost Collections Unit City Council City Council - Mayor Bowers City Council - Vice Mayor Lea City Council - Council Member Trinkle City Council - Council Member Mason City Council - Council Member Nash City Council - Council Member Price City Council - Council Member Rosen $2,466,695.00 14,178,463.00 $ 1,713,477.00 79,279.00 $180,142.00 6,169.00 5,876.00 4,676.00 5,876.00 4,676.00 4,676.00 4,676.00 I $101,584,000.00 74,724,000.00 1,266,000.00 1,535,000.00 784,000.00 68,716,000.00 10,763,000.00 522,000.00 $259,894,000.00 $1,008,320.00 1,497,583.00 1,724,515.00 24,808.00 I 2,494.00 36,689.00 590,154.00 1,086,940.00 16,645,158.00 1,792,756.00 216,767.00 I 251 City Attorney 937,495.00 I City Clerk 571,603.00 Municipal Auditing 646,428.00 Department of Finance $ 2,116,213.00 Office of Billings and Collections 761,573.00 Real Estate Valuation 1,082,744.00 Board of Equalization 11,543.00 3,972,073.00 Residual Fringe Benefits 2,046,915.00 Miscellaneous 100,000.00 Transfers to School Fund 63,347,461.00 Transfers to Greater Roanoke Transit Company 1,424,509.00 Transfers to Debt Service Fund 21,150,879.00 Transfers to Other Funds 5,329,144.00 Electoral Board 324,031.00 Office of Communications 652,809.00 City rylanager 855,992.00 Roanoke Arts Festival 199,181.00 I Roanoke Arts Commission 359,620.00 Memberships and Affiliations 1,687,663.00 Economic Development 1,049,798.00 Personnel Lapse (2,620,026.00) Contingency 2,588,662.00 Human Resources $1,264,367.00 Employee Health Services 576,269.00 1,840,636.00 Department of Management and Budget 550,317.00 E911 Center $2,280,414.00 E911 Wireless 446,277.00 2,726,691.00 Director of General Services $195,448.00 Management Services 109,486.00 Purchasing 374,722.00 679,656.00 Building Maintenance $4,508,436.00 I Custodial Services 1,057,768.00 5,566,204.00 Fire Administration $ 896,886.00 252 Fire Support Fire Operations Fire Airport Rescue Emergency Management Emergency Medical Services 1,117,380.00 13,871,626.00 687,124.00 89,223.00 3,217,909.00 I 19,880,148.00 Director of Public Works Solid Waste Management Transportation - Streets and Traffic Transportation - Paving Transportation - Snow Removal Transportation - Street Lighting Transportation - Engineering & Environmental Management Engineering $ 264,734.00 7,125,987.00 5,443,198.00 3,082,111.00 110,280.00 955,989.00 1,628,480.00 138,644.00 1,676,438.00 20,425,861 .00 Planning, Building, and Development $1,526,729.00 Building Inspections 845,981.00 Neighborhood Support 107,977.00 Citizens Service Center 26,870.00 I Neighborhood Services 1,593,417.00 4,100,974.00 Parks $3,548,996.00 Parks & Recreation Administration 1,642,485.00 Youth Services 605,926.00 Recreation 1,232,715.00 7,030,122.00 Director of Human Services/Social $1,571,453.00 Benefits 5,807,907.00 Social Services - Services 15,899,284.00 Employment Services 1,623,735.00 Foster Parent Training 139,591.00 Human Services Support 366,960.00 25,408,930.00 Virginia Institute for Social Services Training Activities 476,924.00 Hospitalization 61,626.00 Youth Haven $ 523,022.00 I Outreach Detention 255,262.00 253 Crisis Intervention 629,841.00 1,408,125.00 I Health Department 1,480,864.00 Mental Health 448,890.00 Human Services Committee 598,030.00 Comprehensive Services Act (CSA) 11,176,087.00 CSA - Administration 153,852.00 Virginia Cooperative Extension Service 79,827.00 Police Administration $ 492,650.00 Police Investigation 3,557,943.00 Police Patrol 13,177,815.00 Police Services 3,668,311.00 Police Training 724,508.00 Police Animal Control 1,098,475.00 22,719,702.00 Libraries $ 3,676,239.00 taw Library 153,874.00 3,830,113.00 Total Appropriations $259,894,000.00 I Ciyic Facilities Fund Revenues Operating $ 2,422,000.00 Non-Operating 2,468,100.00 Total Revenues $ 4,910,100.00 Appropriations Operating Expenses $ 3,260,799.00 Promotional Expenses 255,642.00 Debt Service 1,393,659.00 Total Appropriations $4,910,100.00 Parking Fund Revenues I Operating $ 2,934,960.00 Total Revenues $ 2,934,960.00 254 Appropriations Parking Coordination $ 65,048.00 I Market Garage 159,485.00 Elmwood Park Garage 167,914.00 Campbell Garage 128,302.00 Center in the Square Garage 128,751.00 Church Avenue Garage 272,155.00 Tower Garage 250,897.00 Gainsboro Garage 175,943.00 Market Lot 16,779.00 EI mwood Lot 33,865.00 Warehouse Row Lot 15,645.00 Williamson Lot 25,960.00 Higher Ed Center Lot 24,140.00 Debt Service 1,470,076.00 Total Appropriations $ 2,934,960.00 Market Building Fund Reyenues I Operating $ 286,500.00 Non-Operating 35,000.00 Total Revenues $ 321,500.00 Appropriations Operating Expenses $ 321,500.00 Total Appropriations $ 321,500.00 Department of Technology Fund Reyenues Operating Non-Operating Total Revenues $ 7,329,328.00 1 50,000.00 $ 7,479,328.00 I Appropriations Technology Operating Capital Outlay Debt Service Radio Shop . Total Appropriations Fleet Management Fund Revenues Operating Non - Operating Total Revenues Appropriations Operating Expenses Capital Outlay Total Appropriations Risk Management Fund Revenues Operating Total Revenues Appropriations Risk Management Administration Risk Management - Other Expenses Total Appropriations School Fund Revenues Appropriations 255 $ 5,500,783.00 882,356.00 579,800.00 516,389.00 $ 7,479,328.00 $ 7,679,080.00 100,000.00 $ 7,779,080.00 TF WIPY&WIrl 2,890,244.00 $ 7,779,080.00 $ 15,065,188.00 $ 15,065,188.00 $ 1,060,724.00 14,244,975.00 $ 15,305,699.00 $ 142,904,577.00 $ 142,904,577.00 256 School Food Services Fund I $ 5,358,223.00 Revenues Appropriations $ 5,358,223.00 Grant Fund Reyenues Virginia Juvenile Community Crime Control Act Total Revenues $ $ 121,799.00 121,799.00 Appropriations Substance Abuse Services - Court Services Unit Enhanced Community Services - Court Services Unit Total Appropriations $ 47,020.00 74,779.00 121,799.00 I $ 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3 That the Director of Finance be, and he is hereby authorized and directed to transfer between accounts such appropriations for salaries and wages for the labor force as may be necessary to cover cost of labor performed by one department for another. 4 That, with the exception of the School and School Food Services Funds, funding for all outstanding encumbrances, at June 30, 2008, are re- appropriated to the 2008-09 fiscal year to the same department and account for which they are encumbered in the 2007-08 fiscal year. 5. That this ordinance shall be known and cited as the 2008-09 General, Civic Facilities, Parking, Market Building, Department of Technology, Fleet Management, Risk Management, School, School Food Services and Grant Funds Appropriation Ordinance; and I I I I 257 6. Pursuant to the provIsions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~2~\~ City Clerk ~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2008. No. 38077-051208. AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City effective July 1, 2008; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned duties in a non- uniform capacity; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are members of the Regional Hazardous Materials Response Team; authorizing annual salary increments for employees performing fire inspector duties; providing for continuation of a police career enhancement program; providing for continuation of a Firefighter/Emergency Medical Technician merit pay program; providing for a Community Policing Specialist program; providing for payment of a monthly stipend to certain board and commission members; providing for an increase in base annual salary for any employee of the Sheriff who meets the qualifications for and has been appointed Master Deputy Sheriff; providing for the salary of the City's General Registrar; providing for the salaries of the City's Constitutional Officers; providing for the salaries of the Mayor, Vice Mayor, and Members of Council; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 258 1. Pursuant to 92-69, Code of the City of Roanoke (1979), as amended, there is hereby adopted by the Council and made applicable to all I classified officers and employees of the City on July 1, 2008, the Pay Plan hereinafter set out in its entirety, which shall read and provide as follows: Pay Grade 04 05 06 07 08 09 10 11 12 13 14 1 5 16 17 18 19 20 Minimum Annual Salary $18,402.48 $19,322.90 $20,771.40 $22,375.62 $24,721.69 $27,316.97 $30,187.45 $32,313.72 $36,029.51 $40,173.86 $44,792.73 $49,944.42 $56,415.93 $62,903.20 $70,137.05 $79,173.90 $88,278.50 Maximum Annual Salary $29,444.03 $30,916.69 $33,234.39 $35,801.05 $39,554.91 $43,707.41 $48,299.76 $51,702.00 $57,647.27' $64,278.18 $71,668.53 $79,911.02 $90,265.60 $100,645.39 $112,219.48 $126,678.24 $141,245.71 I 2. The Pay Plan adopted by this Ordinance shall remain in effect until amended by Council. I I I I 259 3. Pursuant to 92-68, Code of the City of Roanoke (1979), as amended, effective July 1, 2008, the City Manager shall promulgate and cause to be distributed among the officers and employees of the City a Classification Plan, consisting of a plan of classification assigning a pay grade and pay range in accordance with this Ordinance and class code to each position in the classified service of this City. 4. Performance increases, of up to two percent (2%) of the employees' current base salary, may be awarded officers and employees according to their performance scores. Effective July 1, 2008, for officers and employees appointed or hired after July 1, 2007, performance increases shall be prorated based on the number of pay periods served pursuant to policies and procedures promulgated by the City Manager. 5. If, after any applicable salary increases provided for in this Ordinance, any officer's or employee's salary is below the applicable minimum for his or her pay range, such officer's or employee's annual base salary shall be adjusted to the applicable minimum. 6. Annual salary increments payable on a bi-weekly basis are provided for the hereinafter set out job classifications which require the incumbent to privately own or lease a motor vehicle routinely used in the course of conducting City business as follows: POSITION TITLE ANNUAL SALARY INCREMENT Appraiser I Appraiser II Arts Festival Manager Assistant City Managers (unless City Manager has assigned a City vehicle to the individual Assistant) Assistant Director of Civic Facilities City Attorney City Clerk Deputy Director of Real Estate Valuation Director of Civic Facilities Director of Finance Director of Planning, Building and Economic Development Director of Real Estate Valuation Municipal Auditor Senior Tax Compliance Administrator Special Projects Coordinator Supervising Appraiser $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 1,110.00 $ 2,500.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 260 If the requirement that any of the foregoing officers or employees own or lease I a motor vehicle for routine use in the conduct of City business should be eliminated, then the salary increment established by this Ordinance shall be terminated as of the date of elimination of such requirement. The City Manager is authorized, within the limits of funds appropriated therefore, to provide for similar salary increments for other employees of the City Manager. 7. In order equitably to compensate sworn police officers assigned duties in a non-uniform capacity and in lieu of provision by the Police Department of uniforms and accessories, each such officer shall be accorded an annual salary increment of $600.00 payable on a bi-weekly basis as a uniform allowance. 8. Each employee of the Fire-Emergency Medical Services Department hired by the City as a Firefighter prior to April 18, 1991, who has received Emergency Medical Technician certification and actively participantes in the City's First Responder Program shall be accorded an annual salary increment of $1,200.00 payable on a bi-weekly basis. 9. Each employee of the Fire-Emergency Medical Services Department I who has been certified to either the Specialist or Technician level for the handling of hazardous materials and who is a member of the Regional Hazardous Materials Response Team shall be accorded an annual salary increment of $1,200.00 payable on a bi-weekly basis. 10. Each employee of the Fire-Emergency Medical Services Department who has been certified and performs Fire Inspector duties as part of the Fire Prevention Program assigned by the Fire-EMS Chief shall be accorded an annual salary increment of $1 ,500.00 payable on a bi-weekly basis. 11. The City Manager is authorized to continue a police career enhancement program to provide pay incentives to police officers below the supervisory level. Such program may include consideration for training, formal ed\Jcation, experience, and specialized assignments. The annual pay supplement shall range from $1,050.00 to $4,684.00 payable on a bi-weekly basis. 12. The City Manager is authorized to continue a Community Policing Specialist program to provide pay incentives to police officers. Such program may include consideration for training and community participation. The I annual pay supplement is two percent (2%) of base salary. I I I 261 13. The City Manager is authorized to continue a merit pay program for Firefighter/Emergency Medical Technicians who attain an EMT-I or Paramedic certificate. The annual pay supplement shall be in the amount of $4,000.00 payable on a bi-weekly basis. If a qualified employee is receiving an EMT stipend, pursuant to the provisions of Paragraph 8, above, then the employee shall, in addition to the EMT stipend, receive the difference between such stipend and the merit pay authorized hereby. 14. A pay stipend of $100.00 per month, or $1,200.00 annually, paid monthly, shall continue to be awarded to members of the City Planning Commission and the Board of Zoning Appeals upon attainment of certification through the Virginia Certified Planning Commissioner Program and the Virginia Certified Board of Zoning Appeals Program, respectively. New appointees will be required to attain certification within one year of the date of appointment. 15. A pay stipend of $100.00 per month, or $1,200.00 annually, paid monthly, shall be awarded to members of the Architectural Review Board. The requirement for certification of members by the Virginia Certified Architectural Review Program, adopted by Council effective July 1, 2004, is suspended until the Program has been fully developed and made operational by the Virginia Department of Historic Resources (VHDR). 16. When any salary increase provided in paragraphs 4, 11, 12 or 13 of this Ordinance would cause an officer or employee to exceed the maximum annual pay range applicable to such officer's or employee's position, such officer or employee shall receive a salary increase only in such amount as will not exceed th~ maximum pay range for such officer's or employee's position. 17. Each employee of the Sheriff's office who meets qualifications for Master Deputy Sheriff and has been appointed such by the Sheriff shall receive a five percent (5%) increase to base annual salary. This increase shall be capped at no more than five percent (5%) above the pay range maximum for a Deputy Sheriff. Any Master Deputy Sheriff who fails to meet required qualifications and is removed from appointment by the Sheriff shall have the base annual salary reduced by five percent (5%). 18. The City's General Registrar shall be eligible July 1, 2008, for salary increase equal to the base raise percentage increase approved by City a Council for City employees. 262 19. Effective July 1, 2008, the salaries of the Clerk of Circuit Court, I Commonwealth's Attorney, Commissioner of the Revenue, City Sheriff, and City Treasurer, the City's Constitutional Officers, shall be their then current salary increased by two percent (2%), unless subsequently modified by ordinance duly adopted by Council. 20. Any increase in compensation due to any officer or employee due under this ordinance shall be first paid beginning with the paycheck of July 9, 2008. 22. The provisions of this ordinance shall be in full force and effect on and after July 1, 2008. 23. Pursuant to 912 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: ~~m.~ Stephanie M. Moon, CMC City Clerk ~,~~ I Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2008. No. 38078-051208. AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: I I I I 263 1. The retirement allowance payable on account of certain members of the City of Roanoke Pension Plan being defined in Paragraph 2 infra who retired on or before July 1, 2007, shall effective July 1, 2008, be increased by one and three fourths percent (1.75%) of itself, not including any incentive payments made under the Voluntary Retirement Incentive Program established by Ordinance No. 30473-41591, adopted April 15, 1991, and not including any Retirement Supplement, as provided for in 922.2-61, Retirement Supplement, of the Code of the City of Roanoke (1979), as amended (hereinafter "City Code"), calculated as of July 1, 2008. 2. The increase in benefits provided for in Paragraph 1 of this ordinance shall apply to the following categories of persons entitled to receive benefits under the City of Roanoke Pension Plan only: a. Any member of the Employees' Supplemental Retirement System (hereinafter "ESRS") or of the Employees' Retirement System (hereinafter "ERS") retired under 922.2-43, Normal Service Retirement, or under 922.2-47, Retirement and Service Retirement Allowance Generally, respectively, of the City Code. b. Any member of ESRS or ERS retired under 922.2-50, Nonoccupational Disability Retirement Allowance, of the City Code; or c. Any member of ESRS or ERS retired under 922.2-51, Occupational Disability Retirement Allowance, of the City Code; or d. Any member of the ESRS retired under 922.2-44, Early Service Retirement Allowance, or 922.2-45, Vested Allowance, or any member of ERS retired under 922.2-48, Early Service Retirement Allowance, or 922.2-49, Vested Allowance, of the City Code; or e. Any surviving spouse of a member, provided such surviving spouse is entitled to benefits under Article IX, Payment of Benefits, of Chapter 22.2, Pensions and Retirement, of the City Code, and further provided that the deceased member through whom the surviving spouse is entitled to benefits would qualify, if alive, under paragraph 2.a., 2.b., 2.c., or 2.d. of this ordinance; or 264 f. Any member retired under 922.2-75, Pensions for Members of Police and Fire Departments as of December 31. 1945, of Chapter 22.2, Pensions and Retirement, of the City Code, or the surviving spouse of any such member. I 3. This ordinance shall be in full force and effect on July 1,2008. 4. Pursuant to the provisions of Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~m. h[OfJh.; Stephanie M. Moon, CMC City Clerk CJt~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 12th day of May, 2008. No. 38079-051208. A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by letter of May 12, 2008. WHEREAS, by letter of May 12, 2008, the City Manager has presented an update to the City's Five-Year Capital Improvement Program for Fiscal Years 2009-2013 in the recommended Resource Allocation Plan totaling $137,427,405.00; WHEREAS, the Capital Improvement Program and the funding recommendation for projects is affordable and consistent with previous discussions by City Council and actions taken by City Council; and WHEREAS, this Council is desirous of endorsing the recommended update to the Capital Improvement Program; I I I I 265 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council endorses and concurs in the recommendations of the City Manager for a certain update to the Five-year Capital Improvement Program for the City of Roanoke for Fiscal Years 2009-2013, and the related funding recommendations, as set out in the letter of the City Manager dated May 12, 2008. APPROVED ATTEST: ~~m''70~ Stephanie M. Moon, CMC City Clerk L~.t&g~~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2008. No. 38080-051208. AN ORDINANCE to appropriate funding for the FY 2009-2013 Update to the Capital Improvement Program, amending and reordaining certain sections of the 2008-2009 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 2008-2009 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Proiects Fund Appropriations Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue VDOT Match Contingency Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue 08-300-9717-9003 08-310-9655-9003 08-510-9620-9003 08-530-9552-9003 08-530-9575-9210 08-530-9575-9220 08-530-9736-9003 08-530-9823-9003 08-640-9750-9003 200,000.00 880,000.00 1,000,000.00 500,000.00 251,800.00 238,752.00 49,820.00 45,000.00 54,344.00 266 Revenues Transfer from General Fund 08-110-1234-1037 Fund Balance Economic Community Development Reserve - Appropriated 08- 3337 Grant Fund Appropriations Local Match Funding for Grants 35-300-9700-5415 Home Investment Partnership Program Local Match 35-61 5-8119-5507 Revenues Local Match Funding for Grants 35-300-9700-5207 Home Investment Partnership Program Local Match 35-615-8119-5220 2,339,716.00 I (880,000.00) 1 50,000.00 92,375.00 1 50,000.00 92,375.00 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: ~.~hJ.~~ Stephanie M. Moon, CMC City Clerk L- ~dt~ I Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2008. No. 38081-051208. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Greenways Development Projects and the YMCA Aquatic Center, amending and reordaining certain sections of the 2008-2009 Capital Projects Fund Appropriations a.nd dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2008-2009 Capital Projects Fund Appropriations be, and the I same are hereby, amended and reordained to read and provide as follows: I I I 267 Appropriations Appropriated from General Revenue Appropriated from General Revenue Fund Balance Economic and Community Development Reserve Unappropriated 08-620-9753-9003 08-620-9757 -9003 $200,000.00 200,000.00 08-3365 (400,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: kttR~ In . rr;b~ Stephanie M. Moon, CMC City Clerk C. ~bv44.u--AJ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2008. No. 38082-051208. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Enterprise Zone Projects, amending and reordaining certain sections of the 2008-2009 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 2008-2009 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 268 Appropriations Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Fund Balance Economic and Community Development Reserve - Unappropriated 08-310-9630-9003 08-310-9736-9003 08-310-9738-9003 $50,000.00 250,000.00 25,000 .00 08-3365 (325,000.00) 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: kttl~m . ~()-,v Stephanie M. Moon, CMC City Clerk Go lW-4~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2008. No. 38083-051208. A RESOLUTION approving the 2008-2009 Annual Update ("Annual Update") to the 2005 - 2010 Consolidated Plan and authorizing the City Manager, or the City Manager's designee, to submit the approved Annual Update to the United States Department of Housing and Urban Development ("HUD") for final review and approval, and authorizing the execution of all necessary documents pertaining to such Annual Update. WHEREAS, in order to receive Community Development Block Grant, HOME Investment Partnerships, and Emergency Shelter Grant funding, HUD requires that entitlement localities such as the City of Roanoke submit a 5-year Consolidated Plan and Annual Updates; I I I I I I 269 WHEREAS, opportunities for community input regarding the Annual Update were provided at public meetings held November 12, 2007, and April 1, 2008, and at a City Council public hearing on May I, 2008, by a 30-day public review and comment period beginning April 2, and ending May 2, 2008, by dissemination of information to all library branches, the Law Library, the Roanoke Redevelopment and Housing Authority main offices, the City Clerk's office and the Department of Management and Budget for public inspection, by letters to a mailing list of over 400 interested individuals and organizations, including the Roanoke Neighborhood Advocates, and by publishing information in The Roanoke Times and The Roanoke Tribune and on the City's website; and WHEREAS, the Annual Update must be approved by this Council and received by HUD on or about May 15, 2008, to ensure timely receipt of new entitlement funds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Annual Update is hereby approved; and BE IT FURTHER RESOLVED that the City Manager, or the City Manager's designee, is hereby authorized, for and on behalf of the City, to submit the approved Annual Update to HUD for final review and approval, and to execute all necessary documents pertaining to such Annual Update, such documents to be approved as to form by the City Attorney, as more particularly set forth in the City Manager's letter dated May 12, 2008, to this Council. APPROVED ATTEST: ~,ytoOA~ c. Nelson Harris Mayor ~rn. hJOtYV Stephanie M. Moon, CMC l City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2008. No. 38084-051908. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Forfeited Criminal Assets Grant, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispenSing with the second reading by title of this ordinance. 270 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 I hereby, amended and reordained to read and provide as follows: Appropriations Training and Development Revenues Forfeited Criminal Assets Grant Forfeited Criminal Assets Interest 3515051402044 $ 31,247.00 3515051407107 3515051407275 25,038.00 6,209.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~h\.~~ Stephanie M. Moon, CMC City Clerk G~~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19th day of May, 2008. No. 38085-051908. AN ORDINANCE to appropriate additional funding from internal billings to City and School departments for motor fuel purchases amending and reordaining certain sections of the 2007-2008 Fleet Management Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 Fleet Management Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Motor Fuel Purchases Revenues Billing for Motor Fuel Billing for Motor Fuel -Schools 1711012341279 1711012341275 $ 610,750.00 402,398.00 208,352.00 I 1744026413013 I I I 271 , Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~Jn.h-t~ Stephanie M. Moon, CMC City Clerk c(~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2008. No. 38086-051908. AN ORDINANCE to transfer funding to specific Art Commission agencies, amending and reordaining certain sections of the 2008-2009 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 2008-2009 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Subsidies Mill Mountain Zoo Virginia Museum of Transportation Roanoke Symphony Society West End Center for Youth Mill Mountain Theatre Opera Roanoke Science Museum of Western Virginia Roanoke Valley History Museum Southwest Virginia Ballet Young Audiences of Virginia Arts Council of the Blue Ridge Art Museum of Western Virginia Downtown Music Lab 01-300-5221-3700 01-300-5221-3701 . '01-300-5221-3714 01-300-5221-3736 01-300-5221-3745 01-300-5221-3749 01-300-5221-3762 01-300-5221-3774 01-300-5221-3776 01-300-5221-3794 01-300-5221 -3802 01 -300-5221-3909 01-300-5221-3910 01-300-5221 -3912 (359,620.00) 23,000.00 30,200.00 38,300.00 19,210.00 14,100.00 15,600.00 63,000.00 13,200.00 7,000.00 4,100.00 22,510.00 31,000.00 18,600.00 272 Harrison Museum/African American Culture Monitoring O. Winston Link Museum Jefferson Center Foundation L TD Arts Commission 01-300-5221-3913 22,200.00 01-300-5221-3914 01-300-5221-3941 01-300-5221-3944 01-300-5221-3961 5,900.00 8,100.00 20,900.00 2,700.00 I Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: !Ft-1 ~ tho tr;JCln/ Stephanie M. Moon, CMC City Clerk c,vtJl~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19th day of May, 2008. No. 38087-051908. A RESOLUTION concurring in the recommendations of the Human Services Advisory Board ("Board") for allocation of City funds to various nonprofit agencies and performance audits for Fiscal Year 2008-2009; authorizing the City Manager or her designee to execute any required contracts with the recipient agencies for provision of services, and to execute a contract with the Council of Community Services to perform the necessary performance audits to evaluate the effectiveness and efficiency of all funded programs. WHEREAS, the Fiscal Year 2008-2009 budget approved by City Council for the Human Services Advisory Board provides for funding in the amount of $598,030.00.00; WHEREAS, in order to obtain an allocation for such funds, it was necessary for agencies to file applications with the Human Services Advisory Board; I I I I 273 WHEREAS, requests for City funding in the total amount of $932,202.00 were received by the Human Services Advisory Board from forty (40) agencies; WHEREAS, after studying each application and holding allocation meeting hearings, the Board has recommended allocation of funding to certain applicant agencies for Fiscal Year 2008-2009; and WHEREAS, performance audits are to be conducted for each agency receiving funds through the Committee to evaluate the effectiveness and efficiency of funded programs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council concurs in the recommendations of the Human Services Advisory Board as to the allocations for funding of various nonprofit agencies and performance audits for Fiscal Year 2008-2009 as more particularly set forth in the City Manager's letter dated May 19, 2008, to this Council, and the attachment to that report. 2. The City Manager or her designee is authorized to execute a contract with the qualified agencies for provision of their respective services, and to execute a contract with the Council of Community Services to perform the necessary audits to evaluate the effectiveness and efficiency of all funded programs; all such contracts to be approved as to form by the City Attorney. APPROVED ATTEST: ~hl.:rt~ Stephanie M. Moon, CMC City Clerk ~~~ Mayor 274 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19th day of May, 2008. No. 38088-051908. AN ORDINANCE to transfer funding to specific Human Services Committee agencies, amending and reordaining certain sections of the 2008- 2009 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 2008-2009 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows, in part: Appropriations Subsidies 01-630-5220-3700 (598,030.00) YMCA - Y Achievers 01-630-5220-3708 5,000.00 YWCA - Focus Forward 01-630-5220-3709 10,000.00 Bradley Free Clinic 01-630-5220-3721 10,368.00 League of Older Americans - Meals on Wheels 01-630-5220-3722 30,000.00 Unified Human Services - Transportation (RADAR) 01-630-5220-3725 24,000.00 Council of Community Services - Info & Referral 01-630-5220-3732 16,500.00 Northwest Child Development Center 01-630-5220-3734 17,500.00 Roanoke Valley Speech & Hearing Center 01-630-5220-3738 5,000.00 TRUST House 01-630-5220-3740 11,000.00 West End Center 01-630-5220-3745 25,000.00 Adult Care Center 01-630-5220-3746 8,000.00 Conflict Resolution Center- Court Connect 01-630-5220-3748 16,000.00 Roanoke Adolescent Health Partnership 01-630-5220-3767 20,000.00 Court Appointed Special Advocate 01-630-5220-3775 5,000.00 Greenvale School 01-630-5220-3'780 17,000.00 Blue Ridge Independent Living Center 01-630-5220-3781 17,000.00 I I 275 Mental Health Association of I Roanoke Valley 01-630-5220-3784 6,000.00 Southwestern VA Second Harvest Food Bank 01-630-5220-3788 5,000.00 Planned Parenthood of the Blue Ridge 01-630-5220-3795 8,000.00 St. John's Community Youth Prog ram 01-630-5220-3797 12,000.00 VA Skyline Girl Scouts Council 01-630-5220-3798 6,000.00 Presbyterian Community Center- Pathways for Youth 01-630-5220-3801 10,000.00 Presbyterian Community Center- Pathfinders 01-630-5220-3903 5,000.00 Children's Advocacy Center 01-630-5220-3915 9,000.00 Apple Ridge Farm 01-630-5220-3917 20,000.00 Family Service - ACTION 01-630-5220-3919 25,000.00 Family Service - Home Care 01-630-5220-3920 17,000.00 Family Service - Family & Individual Counseling 01-630-5220-3921 18,000.00 Family Service - Adults Plus 01-630-5220-3922 15,000.00 Blue Ridge Legal Services 01-630-5220-3923 12,000.00 I Goodwill Industries of the Valleys, Inc. 01-630-5220-3926 1 5,000.00 Roanoke Valley Interfaith Hospitality Network 01-630-5220-3927 8,000.00 Salvation Army - Turning Point 01-630-5220-3929 16,500.00 Salvation Army - Emergency Shelter 01-630-5220-3930 10,000.00 CHIP - Family Strengthening Program 01-630-5220-3932 24,000.00 CHIP - Care Coordination Prog ram 01-630-5220-3933 24,000.00 YMCA of Roanoke Valley- Magic Place 01-630-5220-3934 7,662.00 Council of Community Services - Monitoring 01-630-5220-3940 12,000.00 Council of Community Services - Non-Profit 01-630-5220-3946 15,000.00 Commonwealth Catholic Charities 01-630-5220-3960 9,000.00 City of Roanoke Dept of Social Services , 01-630-5220-3963 27,500.00 I Roanoke Regional Chamber of Commerce 01-630-5220-3964 5,000.00 CHIP - Mental Health Services 01-630-5220-3965 19,000.00 276 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: ~rn.~ Stephanie M. Moon, CMC City Clerk c VRh-+t~ c. Nelson Harris Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2008. No. 38089-051908. A RESOLUTION authorizing the City to indemnify and hold harmless the Jefferson Center Foundation, as a condition of a rental agreement for the Renovate Roanoke Conference; and authorizing the execution of any necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: I 1. The City Manager is authorized to execute a rental agreement with the Jefferson Center Foundation which includes a provision to indemnify and hold the Foundation harmless for any injuries, deaths, or damages suffered by anyone using the Jefferson Center in connection with Renovate Roanoke Conference on October 10 and 11, 2008, as more particularly set forth in the City Manager's letter to Council dated May 19, 2008. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, in a form approved by the City Attorney, any necessary documents to rent the Jefferson Center for the subject dates. APPROVED ATTEST: Q/~~ Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor I I I I 277 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2008. No. 38090-051908. A RESOLUTION authorizing the City Manager to enter into an Agreement with the Commonwealth of Virginia Department of Transportation necessary to accept funding for further construction and development efforts for the Roanoke River Greenway trail project. WHEREAS, the City of Roanoke requested additional Transportation Enhancement funds to support construction and development efforts for the Roanoke River Greenway trail 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 $175,000.00 with a required matching component of $167,250.00 of the City's Greenway Capital funds, all as more fully set forth in the City Manager's letter dated May 19, 2008, to Council; and WHEREAS, the City of Roanoke must enter into an Agreement so that the funds may be received by the City and appropriated back into the Parks and Recreation Greenway account for further construction and development efforts for the Roanoke River Greenway trail project. 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 Agreement with the Commonwealth of Virginia Department of Transportation for further construction and development efforts for the Roanoke River Greenway trail project, such Agreement to be in form as is approved by the City Attorney. APPROVED ATTEST: ~~m.~ Stephanie M. Moon, CMC City Clerk ~,W~ C. Nelson Harris Mayor 278 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2008. No. 38091-051908. AN ORDINANCE to appropriate funding, from the Virginia Department of Transportation and transfer funding from the Comprehensive Greenways project to the Roanoke River Greenway project, amending and reordaining certain sections of the 2007- 2008 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 Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from State Grant Funds Appropriated from General Revenue Revenues Roanoke River Greenway TEA- #128-129 08-620-9200-9003 08-620-9200-9007 08-620-9753-9003 $ 167,250.00 175,000.00 (167,250.00) 08-620-9200-9200 175,000.00 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: ~~/Y). ~ Stephanie M. Moon, CMC City Clerk CI l{~~~ C. Nelson Harris Mayor I I I I I I 279 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2008. No. 38092-051908. A RESOLUTION authorizing the City Manager to execute the grant recipient agreement between the Virginia Community College System and the City of Roanoke on behalf of the Western Virginia Workforce Development Board. WHEREAS, the City of Roanoke is the grant recipient for the Workforce Investment Act (WLA) Area 3 funding, thus, City Council must appropriate and distribute the funding for all grants and other monies received by the City in order for the Western Virginia Workforce Development Board to administer WIA Area 3 programs; WHEREAS, the Western Virginia Workforce Development Board and the City of Roanoke received notice from the Vice Chancellor of the Virginia Community College System that an individual representative of the City must be authorized to sign the grant agreement between the Virginia Community College System and the City of Roanoke prior to the award of the grant. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to execute the grant recipient agreement between the Virginia Community College System and the City of Roanoke on behalf of the Western Virginia Workforce Development Board, consistent with this resolution and the letter dated May 19, 2008, from the City Manager to this City Council, in a form approved by the City Attorney. APPROVED ATTEST: ~~h-). ~D-rv Stephanie M. Moon, CMC City Clerk (L~LVl-/~ C. Nelson Harris Mayor 280 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19th day of May, 2008. No. 38093-051908. AN ORDINANCE authorizing the City Manager to execute on behalf of the City a Temporary Nonexclusive Revocable License Agreement with KDL of Virginia, Inc., that allows the construction, maintenance, and operation of telecommunications facilities in the City's public ways; authorizing the City Manager to implement, administer, and enforce such License Agreement; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to execute a Temporary Nonexclusive Revocable License Agreement with KDL of Virginia, Inc., that allows the construction, maintenance, and operation of telecommunications facilities in the City's public ways, all as is more particularly set forth in the City Manager's letter to Council dated May 19,2008. 2. The term for the License Agreement shall be for one year, and I continue month to month thereafter or until the City adopts a final Telecommunications Regulatory Ordinance, Franchise and/or Agreement, whichever occurs first, and shall-be subject to being revolted without cause upon sixty days notice from the City to the Licensee. 3. The Temporary Nonexclusive Revocable License Agreement shall be in a form approved by the City Attorney and shall be substantially similar to the form attached to the City Manager's letter to Council dated May 19, 2008. 4. The City Manager is further authorized to take such actions and execute such documents as may be necessary to implement, administer, and enforce such License Agreement. I I I I 281 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: W ~-UJ frI. "lOc)}V Stephanie M. Moon, CMC City Clerk c~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2008. No. 38094-051908. AN ORDINANCE amending Sec. 32-188, Definitions, Sec. 32-197, Dealer's and seller's records generally, Sec. 32-199, Seizure of unstamped cigarettes, Sec. 32-202, Violations of article generally, and Sec., 32-203, Same--Prohibited acts enumerated. of Article VIII, Cigarette Tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by adding certain definitions, penalties and requirements, as authorized by Section 58.1-3832 of the Code of Virginia (1950), as amended; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Sec. 32-188, Definitions, Sec. 32-197, Dealer's and seller's records oenerally, Sec. 32-199, Seizure of unstamped cioarettes. Sec. 32-202, Violation of article-Generally. and Sec. 32-203, Same- Prohibited acts enumerated. of Article VIII, Cioarette Tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, are hereby amended to read and provide as follows: ARTICLE VIII. CIGARETTE TAX 932-188. Definitions. * * * Carton. The word "carton" shall means 10 packs of cigarettes, each containing 20 cigarettes or eight packs, each containing 2S cigarettes. 282 Cigarette. The word "cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (i) any roll of tobacco wrapped in paper or in any substance not containing tobacco,' (ii) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette,' or (jji) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (i) of this definition. The term ''cigarette'' includes ''roll-your-own'' tobacco, which means any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarette includes the term little cigars. For purposes of this definition of "cigarette," 0.09 ounces of ''roll-your-own'' tobacco shall constitute one individual cigarette. I Cigar. The word "cigar" means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco (other than any roll of tobacco which is a cigarette within the definition of cigarette herein. I * * * Use. The word "use" shall mean the exercise of any right or power over cigarettes incident to the ownership thereof or by any transaction where possession is given, except that it shall not include the sale of cigarettes in the regular course of business. * * * 932-197. Dealer's and seller's records oenerally" It shall be the duty of every local dealer and seller to maintain and to keep, for a period of two three years such records of cigarettes received and sold by him as may be required by the director of finance, to make all such records available for examination in the city by the director of finance, the commissioner or the license inspector upon demand, and to make available the means, facilities and opportunity for making such examination at all reasonable times. Any person who fails or refuses to keep and preserve the records as herein required shall be guilty of a Class 2 misdemeanor. * * * I 283 I 932-199. Seizure of unstamped cioarettes I In the event the director of finance, the commissioner or the license inspector discovers any cigarettes which are subject to the tax imposed under the provisions of this article, but upon which such tax has not been paid and upon which stamps have not been affixed or evidence of payment shown thereon by the printed markings of a meter machine in compliance with the provisions of this article such officers, or any of them, are hereby authorized and empowered to seize and take possession forthwith of such cigarettes, which shall thereupon be deemed to be forfeited to the city. The director of finance or his designee ("director") shall, after providing notice of such seizure to the known holders of property interests in such property and waiting the required length of time for an appeal as further set forth in this section, destroy any seized cigarettes or other property used in the furtherance of any illegal evasion of the tax. Such seizure shall not be deemed to relieve any person from any of the penalties provided in this article. Cigarettes that are acquired, held, owned, possessed, sold or distributed in violation of this article shall be deemed contraband and shall be subject to seizure, forfeiture, and destruction. Such cigarettes shall be deemed contraband whether or not the violation of this chapter is with knowledge. * * * 932-202. . Violations of article--Generally. Each violation of, or noncompliance with, any of the provisions of this article shall constitute a Class 3-1misdemeanor, provided however, that any violation of Section 32-197 of this article shall constitute a Class 2 misdemeanor. Each pack of cigarettes not having proper stamps affixed thereto as herein required shall be deemed a separate offense for the purposes of monetary penalties imposed by this section. Any cigarettes in the place of business of any person required by the provisions of this chapter to stamp the same shall be prima facie evidence that they are intended for sale Any fine or penalty paid by any person due to any violation to this article shall not relieve such person from the payment of the tax, penalty or interest imposed by this article. 932-203. Same--Prohibited acts enumerated. I It shall be unlawful and a violation of this article: * * * 284 (S) For any person to alter the package of any cigarettes or tobacco products prior to sale or distribution to the ultimate consumer, so as to remove, conceal or obscure (i) any notice, statement, label, stamp, sticker on any pack of cigarettes indicating that the manufacturer did not intend the cigarettes to be sold, distributed, or used in the United States, including but not limited to labels stating ''For Export Only," "U.S. Tax-Exempt," ''For Use Outside U.S.," or similar wording,' or (ii) any health warning that is not specified in, or does not conform with the requirements of, the Federal Cigarette Labeling and Advertising Act, IS U.S. C f 1333. I 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: W-~~ rn. h-to tfyv Stephanie M. Moon, CMC City Clerk (L~+t~ I C. Nelson Harris mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2008. No. 38095-051908. AN ORDINANCE to appropriate funding from donations and the Federal government as well as to transfer funding from the School Fund to the School Capital Projects Fund for the Title I School Improvement Program and the Madison Middle School roof project, amending and reordaining certain sections of the 2007-2008 School and School Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 School and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read I and provide as follows: I I I 285 School Fund Appropriations Textbooks 30-062-6621-0613-6000 $930.00 Teacher Stipends 30-061 -61 46-01 29-6000 60,555.00 Social Security 30-061-6146-0201-6000 4,633.00 Contracted Professional Development 30-061-6146-031 3-6000 71,450.00 Purchased Services 30-061-6146-0381-6000 3,000.00 Instructional Materials 30-061-6146-0614-6000 71,990.00 Equipment 30-061-6146-0821-6000 52,222.00 Machinery and Equipment 30-065-7600-0821-6681 (525,781.00) Transfer to School Capital Projects Fund 30-066-7700-9531-6999 525,781.00 Revenues Donation 30-062-6621-1103 930.00 Federal Grant Receipts 30-061-6146-1102 263,850.00 School Capital Projects Fund Appropriations Madison Roof CMERP Equipment Purchases 31-065-6090-9132 525,781.00 Revenues Transfer from School Fund 31-110-1 234-1127 525,781.00 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 h~ d17. /YyJrlYv! Stephanie M. Moon, CMC City Clerk ~~~ C. Nelson Harris Mayor 286 I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2008. No. 38096-051908. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the petitioner; and dispensing with the second reading of this ordinance by title. WHEREAS, Glade Creek Station, L.P., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described property rezoned from RMF, Residential Multifamily District, to CG, Commercial-General District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540.00, Code of the City of Roanoke (1979), as I amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on May 19, 2008, after due and timely notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds . that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I I I I 287 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax No. 7090523 located at 3250 Orange Avenue, N.E., be, and is hereby rezoned from RMF, Residential Multifamily District, to CG, Commercial-General District, subject to certain conditions proffered by the petitioner, as set forth in the Zoning Amended Application No.1, dated March 14, 2008. 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: ~~~ (Y). ~O<hV Stephanie M. Moon, CMC City Clerk 1 j/JO, /JJ~ Ly~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2008. No. 38097-051908. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by repealing Ordinance No. 28644-051887, to the extent that it placed certain conditions on Official Tax No. 1440317, the Raleigh Court Health and Rehabilitation Center, located at 1527 Grandin Road, S.W., and placing new proffers on the subject property; and dispensing with the second reading of this ordinance by title. WHEREAS, Medical Facilities of America L1, Limited Partnership, represented by Andrew C. Kelderhouse, agent, has filed an application to the Council of the City of Roanoke to repeal Ordinance No. 28644-051887, adopted May 18, 1987, to the extent such ordinance placed certain conditions upon property bearing Official Tax No. 1440317, the Raleigh Court Health and Rehabilitation Center, located at 1527 Grandin Road, S.W., and to place new conditions proffered by the applicant on the property bearing Official Tax No. 1440317; 288 I WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City 'Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on May 19; 2008, after due and timely notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, City Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the repeal of Ordinance No. 28644-051887, adopted May 18, 1987, to the extent such ordinance placed certain conditions upon property bearing Official Tax No. 1440317, the Raleigh -Court Health and Rehabilitation Center, located at 1527 Grandin Road, S.W., and the adoption of the proffers pertaining to the subject property as set forth herein, and for those reasons, is I of the opinion that the subject property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 28644-051887, adopted by the City Council on May 18, 1987, to the extent that it placed certain conditions on Official Tax No. 1440317, the Raleigh Court Health and Rehabilitation Center, located at 1527 Grandin Road S.W., is hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. That proffers set forth in the Application for Amendment of Proffered Conditions of Medical Facilities of America L1, Limited Partnership, Amended Application No.2, dated April 22, 2008, are accepted and placed on the property bearing Official Tax No. 1440317, so that such property will be zoned RMF, Residential Multifamily, with conditions proffered by the applicant, and that 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. I I I I 289 3. Pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~M,~1h'0o~ Stephanie M. Moon, CMC City Clerk ~ V1)u ~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2008. No. 38098-051908. A RESOLUTION AUTHORIZING THE ISSUANCE OF FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS ($5,500,000.00) 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 ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS; DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT TO THE SALE AND DETERMINATION OF THE DETAILS OF SUCH BONDS AND NOTES; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND NOTES. 290 WHEREAS, in the judgment of the Council (the "Council") of the City of I Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt and to authorize the issuance of $5,500,000 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 Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a) Pursuant to Chapter 2 6 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 $5,500,000.00 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 I herein as the "Bonds"). (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 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 I (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. I I I I 291 (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. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000.00) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equaling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. 292 SECTION 2. The full faith and credit of the City shall be and is I irrevocably pledged to the punctual payment of the principal of 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 interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). (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 I manually executed by an authorized signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ij) 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. I I I I 293 SECTION 4. (a) The principal of the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4; provided, however, that so long as the Bonds are in book-entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except 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. 294 (g) (i) The Bonds shall be issued in full book-entry form. One Bond I representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book- entry form only, in the principal amount of $5,000 or any whole multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction I 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) CUSP identification numbers may be printed on the Bonds but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder or purchaser to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the printing of CUSP numbers on the Bonds shall be paid by the City; provided, however, that the CUSP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for or purchaser of the Bonds. I I I I 295 (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk~ executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6. The City covenants and agrees to comply with the provisions of Sections 103 and 141-1 SO of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated there under throughout the term of the Bonds. SECTION 7. (a) The Bonds shall be sold at negotiated or competitive sale on such date or dates and at such price or prices as shall be determined by the City Manager and the Director of Finance. In the event it is determined that the Bonds shall be sold at competitive sale, the Director of Finance is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The Bond Buyer, a financial journal published in the City of New York, New York, and to prepare or cause to be prepared and distributed a Preliminary Official Statement and a Detailed Notice of Sale relating to the Bonds. In preparing the Detailed Notice of Sale relating to the Bonds, the Director of Finance is hereby authorized to provide that bids for the purchase of the Bonds may be received by electronic bidding. The City Manager and the Director of Finance (i) are hereby authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of each series and the' principal amount of the Bonds of each series maturing in each year and (ii), in the event it is determined that the Bonds shall be sold at competitive sale, are hereby further authorized to receive bids for the purchase of the Bonds of each series and, without @her 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 Where 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%). 296 (b) The Mayor is hereby authorized and directed to execute and deliver I 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 5.....2-1 2 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 1 5c2-1 2"). The City Manager and the Director of Finance are hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially the form to be included in the Official Statement under the caption "Certificate Concerning Official Statement". (c) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to I comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 1 5c2-1 2 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, andthe assignment endorsed on the Bonds, shall be in substantially the forms set forth in Exhibit A attached hereto. I I I I 297 SECTION 9. General obligation public improvement bond anticipation notes (the "Notes") are authorized for issuance and sale by the City Manager and the Director of Finance in anticipation of the issuance of the general obligation bonds authorized for issuance herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on such other terms and conditions as shall be determined by the City Manager and the Director of Finance. The City Manager and the Director of Finance (i) are hereby authorized to determine the dated date of the Notes of each series, the dates the Notes of each series shall mature, the dates on which interest on the Notes shall be payable, the aggregate principal amount of the Notes of each series and the principal amount of the Notes of each series maturing in each year and (ii) are hereby Where authorized to receive bids for the purchase of the Notes of each series if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at negotiated sale and, without further action of this Council, to accept the bid or proposal offering to purchase the Notes of each series at the lowest true interest cost to the City; provided, howeverl in no event shall the true interest cost with respect to the Notes of any series exceed six percent (6.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Notes of each maturity of each series as specified in the bid or proposal accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Notes hereof upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00%). If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared, published and distributed in accordance with the requirements of Section 7. If such Notes are publicly offered, there may also be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall be approved by the Director of Finance. The issuance and details of such Notes shall be governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or from any other available funds. Bonds in anticipation of which such Notes are issued pursuant to this Section 9 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. 298 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 meaning 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. EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES I REGISTERED No. R REGISTERED $ MA TU RITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO.: REGISTERED OWNER: 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 I the date hereof or from the interest payment date next preceding the date of I I I 299 authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (1 5th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of ______________, as the Registrar and Paying Agent, in the City of _____________, ____________, Principal of and interest on this Bond is 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 Council of the City duly adopted and taken under the Public Finance Act of 1991. 300 The Bonds of the issue of which this Bond is one (or portions thereof in I installments of $5,000.00) maturing on and after, 20_are subject to redemption at the option of the City prior to their stated maturities, on or after . , 20 , 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 a redemption price equal to the principal amount of the Bonds to be redeemed, together with the interest accrued thereon to the date fixed for the redemption thereof. The Bonds of the issue of which this Bond is one maturing on, . 20 are subject to mandatory sinking fund redemption on 20 and on each thereafter and to payment at maturity in the principal amounts In each year set forth below, in the case of redemption with the particular Bond or Bonds or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof Year ( 1) Principal Amount I $ $ The City, at its option, may credit against any such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on ________, _________, 20____, which shall have been purchased and cancelled by the City or which shall have been redeemed and not theretofore applied as a credit against such mandatory sinking fund requirement. If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000.00) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equaling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than I thirty (30) days prior to the date fixed for redemption, by first class mail, I I I 301 postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest 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 interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. 302 It is certified, recited and declared that all acts, conditions and things I required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebted- ness 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 [SEAL] Mayor Attest: I City Clerk CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. 1, as Registrar By: Authorized Signatory Date of Authentication: I I I I 303 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights there under, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be Guaranteed by a member firm of The New York Stock Exchange, Inc. or a Commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. APPROVED ATTEST: W-v,~dn. ~ Stephanie M. Moon, CMC City Clerk (L ~vnrb C. Nelson Harris Mayor 304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19th day of May, 2008. No. 38099-051908. AN ORDINANCE to appropriate funding to be provided by Series 2009 Bonds and transfer funds from the Police Asset Forfeiture Grant to the Police Academy Building project, amending and reordaininl;] 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 Police Academy Building 08-530-9540-9976 $ ( 5,500,000.00) Appropriated from Federal I Grant Funds 08-530-9823-9002 1,300,000.00 Appropriated from 2009 Bond Funds 08-530-9823-9201 5,500,000.00 Revenues Transfer from Grant Fund 08-110-1234-1362 1,300,000.00 Grant Fund Other Equipment 35-640-3304-9015 ( 1,300,000.00) Transfer to Capital Projects Fund 35-640-3304-9508 1,300,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ M,~ /}). fYJ/XlYu c- LtJJJd6v-<<1 Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor I I I I 305 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2008. No. 38100-051908. AN ORDINANCE authorizing the proper City officials to execute a Comprehensive Agreement, pursuant to the Public Private Education Facilities and Infrastructure Act of 2002 (PPEA), between the City of Roanoke (City) and Shocltey, LLC (Shockey) that provides for Shockey to do the complete design and construction of a new City Police Academy Facility to be located on Barnes Avenue, N.W., in the City; approving the terms of such Agreement; authorizing the City Manager to implement, administer, and enforce such Agreement; and dispensing with the second reading by title of this ordinance. WHEREAS, the City requested proposals under the PPEA for the design and construction of a new Police Academy Facility to be located on Barnes Avenue, N.W., in the City; WHEREAS, the City received two proposals and City staff evaluated such proposals; WHEREAS, City staff determined that the proposal from Shockey was the most responsive and that it would be in the City's best interest to accept such proposal, all as more fully set forth in the City Manager's May 19, 2008, letter to Council; WHEREAS, City staff has negotiated a Comprehensive Agreement with Shockey for the above described work for a guaranteed maximum price of $6,522,000.00, subject to validation of such price, and which includes certain allowances. The Agreement provides for the various obligations of the parties; and WHEREAS, City staff recommends that Council approve the terms of the Comprehensive Agreement and authorize the City Manager to execute such Agreement, after the thirty day comment period mentioned in the above letter to Council and absent any significant comments received by the City during such comment period. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 306 1. City Council hereby approves the terms of the Comprehensive I Agreement between the City and Shockey as set forth in the attachment to the City Manager's letter to Council dated May 19, 2008, which provides for Shockey to do the complete design and construction of the new City Police Academy Facility for a guaranteed maximum price of $6,522,000.00, subject to validation of such amount, and which includes certain allowances as .set forth in such Agreement. 2. The City Manager is authorized to execute, after the thirty day comment period mentioned above and in the City Manager's letter to Council, and absent receipt of any significant comments, a Comprehensive Agreement between the City and Shocltey, upon certain terms and conditions as set forth in the City Manager's letter to Council dated May 19, 2008. The Comprehensive Agreement shall be substantially similar to the one attached to the above mentioned City Manager's letter to Council, which includes a mutual waiver of consequential damages in excess of $400,000.00 and be 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 implement, administer, and enforce such Comprehensive Agreement, including any changes to the price, I subject to the amount of funds appropriated and the provisions of the City Charter, and/or time of performance. 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: ~~ rn'0hV Stephanie M. Moon, CMC City Clerk Q~M~ C. Nelson Harris Mayor I I I I 307 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2008. No. 38101-051908. AN ORDINANCE allowing the encroachment of light poles into the public right of way of Market Street and Norfolk Avenue that extend from The Art Museum of Western Virginia's new building at variable distances ranging from 8.24' to 3.63', upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on May 19, 2008, pursuant to 99 15.2-1800 (B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on this proposed encroachment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission is hereby granted to The Art Museum of Western Virginia to allow the encroachment into the public right of way of Norfolk Street and Market Avenue of eleven light poles that will surround The Art Museum of Western Virginia's new building. The light poles encroach into the right of way at variable distances ranging from 8.24' to 3.63', as is more fully stated in the City Manager's letter and attachment to this Council dated May 19, 2008. 2. As a condition to the allowance of this permit, The Art Museum of Western Virginia, its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officers, agents, assigns and employees from all claims for injuries or damages to persons or property that may arise by reason of the above described encroachment. The Art Museum shall be solely responsible for the maintenance and upkeep of the light poles. 3. The City Clerk shall transmit an attested copy of this ordinance to the Executive Director of The Art Museum of Western Virginia, at Center in the Square, 1 Market Square, Second Floor, Roanoke, Virginia 24011. 4. This ordinance shall be in full force and effect at such time as an Application for Encroachment Permit has been duly signed and properly acknowledged by The Art Museum of Western Virginia and has been returned to the City, and shall remain in effect only so long as a valid, current certificate evidencing the insurance requirements contained within such Application is on file in the Office of the City Clerk. 308 5. Pursuant to Section 12 of the City Charter, the second reading of I this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~rPt. r;O<lYV Stephanie M. Moon, CMC City Clerk c~:~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2008. No. 38102-051908. AN ORDINANCE amending 919-45, License tax cateqories and rates, Article II, Business. Professional and Occupational License Taxation, of Chapter I 19, License Tax Code, Code of the City of Roanoke; providing for an effective date; and dispensing with the second reading of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 19-45, License tax cateqories and rates, of Chapter 19, License Tax Code, Code of the City of Roanoke, is hereby amended to read and provide as follows: 919-45. License tax categories and rates. (b) Except as otherwise provided in this chapter, any business with gross receipts of more than one hundred thousand dollars ($100,000.00) shall be subject to a license tax based on the prior calendar year's gross receipts, including the first one hundred thousand dollars ($100,000.00) of such gross receipts, at the rate set forth below for each class of enterprise: (1) For contracting, and persons constructing for their own account for sale, fou, tcc,lsixteen cents ($0.+4-416) per one hundred dollars ($100.00) of gross receipts; * * * I I I I 309 2. This Ordinance shall be in full force and effect on and after January 1, 2009. 3. Pursuant to 912 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: ~~fY1. ~om-J Stephanie M. Moon, CMC City Clerk ~(~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2008. No. 38103-051908. AN ORDINANCE amending and reordaining Section 19-77, Real estate appraisers. brokers and salesmen, of Article III, Special License Taxation of Chapter 19, License Tax Code, Code of the City of Roanoke; providing for an- effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 19-77, Real estate appraisers, brokers and salesmen, of Chapter 19, License Tax Code, Code of the City of Roanoke, is hereby amended and reordained to read and provide as follows: 9 19-77. Real estate appraisers. brokers and salesmen. (a) Effective (retroactively) January 1, 1980, there is imposed upon every real estate broker as defined in section 54-730, Code of Virginia (1950), as amended, and upon every person engaged in the business of appraising real estate, with a definite place of business or office in this city, the following annual license tax with respect to his gross receipts for the prior calendar year (or for such other applicable period) during the periods set forth: 310 (1) From January 1, 1980 through December 31, 1980, forty-four dollars ($44.00) plus forty-seven cents ($0.47) per one hundred dollars ($100.00) of gross receipts. I (2) From January 1, 1981 through December 31, 1981, forty dollars ($40.00) plus forty-seven cents ($0.47) per one hundred dollars ($100.00) of gross receipts. (3) From January 1, 1982, through December 3/, 2008, =tl'f'fd t,~CI caft-c, u,lk.H Ot,',C,pllisc 0, rla,."ed, thirty-six dollars ($ 36.00) plus forty-seven cents ($0.47) per one hundred dollars ($100.00) of gross receipts. (4) From january /, 2009, and thereafter, unless otherwise ordained, thirty-six dollars ($36.00) plus fifty-eight cents ($0.58) per one hundred dollars ($/ 00.00) of gross receipts. *** 2. This Ordinance shall be in full force and effect on and after January 1, 2009. 3. Pursuant to Section 12 of the City Charter, the second reading of I this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~.~.~ Stephanie M. Moon, CMC City Clerk Q,~~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 2008. No. 38104-051908. A RESOLUTION appointing David B. Carson and Lori E. Vaught as School Board Trustees on the Roanoke City School Board for terms commencing July 1, I 2008, and ending June 30, 2011. I I I 311 WHEREAS, pursuant to 99-24, Code of the City of Roanoke (1979), as amended, a public hearing was held May 5, 2008, relating to the appointment of School Board Trustees; and WHEREAS, this Council is desirous of appointing David B. Carson and Lori E. Vaught to fill the vacancies on the Roanoke City School Board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. David B. Carson and Lori E. Vaught are hereby appointed as School Board Trustees on the Roanoke City School Board for terms commencing July 1, 2008, and ending June 30, 2011. 2. The City Clerk is directed to transmit an attested copy of this resolution to the Clerk of Roanoke City School Cindy Poulton, and to David B. Carson and Lori E. Vaught. APPROVED ATTEST: ~~YYl.~ Stephanie M. Moon, CMC City Clerk c'~~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of June, 2008. No. 38105-060208. A RESOLUTION authorizing the acceptance of funding for the regional drug prosecutor's office from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution, and filing of appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts funding for the regional drug prosecutor's office in the total amount of $104,467.00 from the Compensation Board of the Commonwealth of Virgi,nia through June 30, 2009. 312 2. The City Manager is hereby authorized to accept, execute, and file I on behalf of the City of Roanoke any and all documents required to obtain such funding. All such documents to be approved as to form by the City Attorney. 3. The local share for Fiscal Year 2008-2009 shall be in the amount of $28,557.00. 4. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. APPROVED ATTEST: hqJ24->-,~ J'Y) . 0~1hU Stephanie M. Moon, CMC City Clerk ~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 2nd day of June, 2008. No. 38106-060208. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the 2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: I I I I Appropriations Regular Employee Salaries City Retirement ICMA Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Telephone Administrative Supplies Dues and Memberships Training and Development 35-150-5139-1002 35-150-5139-1105 35-150-5139-1116 35- 1 50- 51 39- 11 20 35-150-5139-1125 35-150-5139-1126 35-150-5139-1130 35-150-5139-1131 35-150-5139-2020 35-150-5139-2030 35-150-5139-2042 35-150-5139-2044 Postage 35-150-5139-2160 Other Rental 35-150-5139-3075 Revenues Regional Drug Prosecutor FY09-Comp Board 35-150-5139-5139 Regional Drug Prosecutor FY09-Local Match 35-150-5139-5138 313 $84,796.00 13,076.00 1,300.00 6,487.00 9,425.00 542.00 755.00 22.00 2,100.00 3,514.00 100.00 1,150.00 100.00 9,000.00 104,467.00 27,900.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: (L l)JL.pf ~ UJIM,~ tn. ~~ Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor 314 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of June, 2008. No. 38107-060208. AN ORDINANCE to appropriate additional funding from Driving Under the Influence (DUI) Recovery Program Fees for enforcement equipment, 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 Expendable Equipment 01-640-3113-2035 Revenues DUI Offender Fee 01-110-1234-1412 $15,000.00 15,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~rn - h[OihV Stephanie M. Moon, CMC City Clerk G~~ c. Nelson Harris Mayor I I I I I I 315 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 2nd day of June, 2008. No. 38108-060208. AN ORDINANCE authorizing the execution of a street maintenance agreement and related documents among the City of Roanoke, Echo Sentinel Group, LLC, Roanoke Electric Steel Corporation, and Norfolk Southern Railway Company for maintenance of a street lying between Tax Parcel 2510303 on the west and Tax Parcel 2510306 on the east and sometimes known as 30th Street, N.W.; and dispensing with the second reading by title of this ordinance. WHEREAS, a Resubdivision Plat for Echo Sentinel Group, LLC, and Norfolk Southern Railway Company dated January 30, 2008, recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in Map Book 1, page 3326, shows a street marked 30th Street, N.W., 15 feet wide, lying between Tax Parcels 2510303 on the west and 2510306 on the east, leading from Baker Avenue on the north and ending at the property line of a parcel owned by Norfolk Southern Railway Company on the south which bears Official Tax Number 9999999. Echo Sentinel Group, LLC, is the owner of Tax Parcels 2510303 and 2510306; WHEREAS, the street marked as 30th Street on the plat has never been improved or maintained by the City, however, it is the City's position that the street is a public way due to its long existence and appearance as such on the City's official maps. Both Echo Sentinel and its predecessors in title and Norfolk Southern have used the street for many years as a means of access to their respective properties, and Roanoke Electric Steel Corporation and its predecessors in title have likewise used the street as a means of access to its property lying south and west of the street; and WHEREAS, Echo Sentinel has granted to Norfolk Southern an easement for ingress and egress over a strip of land 30 feet wide, immediately adjacent to the street on the east, for use by Norfolk Southern in accessing its property, and Roanoke Electric Steel has entered into an agreement with Norfolk Southern contemplating the purchase of a portion of the property which is served by the easement. Norfolk Southern and Roanoke Electric Steel have agreed to construct a roadway on the easement and wish to use it, together with the street, as the primary means of access to the lands located to the south of the street. THEREFORE BE IT ORDAINED by the Council of the City of Roanoke that: 316 1 . The City Manager is hereby authorized, for and on behalf of the City, to execute a street maintenance agreement among the City of Roanoke, I Echo Sentinel Group, LLC, Roanoke Electric Steel Corporation, and Norfolk Southern Railway Company, and any other necessary and appropriate documents as approved by the City Attorney setting forth the obligations of each party thereto, and described in a letter to Council by the City Manager dated June 2, 2008. 2. Pursuant to Section 12 of the City Charter, the second reading of , this ordinance by title is hereby dispensed with. ' APPROVED ATTEST: W4-.,:Vm.~~ Stephanie M. Moon, CMC City Clerk Q~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOK.E, VIRGINIA, I The 2nd day of June, 2008. No. 38109-060208. A RESOLUTION retroactively authorizing the City Manager, or her designee, to execute a Memorandum of Understanding with the State Department of Rehabilitative Services to accept a grant in the amount of $14,800.00 to provide continuing local administrative staff support for the Fifth Planning District Commission Disability Services Board ("DSB"), and retroactively authorizing the City Manager, or her designee, to execute a contract with Roslyn Kingery to provide for such DSB administrative staff support, upon certain terms and conditions. WHEREAS, funds in the amount of $14,800.00 to continue local staff support in support of the DSB administration for a one (1) year period commencing June 1, 2008, through May 31, 2009, have been allocated to the DSB by the State Department of Rehabilitative Services pursuant to a Memorandum of Understanding previously executed by the City, as the fiscal agent for such grant; and WHEREAS, a contract has been executed by City staff with Roslyn Kingery to provide for such continuing administrative staff support for the DSB. I I I I 317 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager, or her designee, is hereby retroactively authorized, for and on behalf of the City, to execute a Memorandum of Understanding with the State Department of Rehabilitative Services to accept a grant in the amount of $14,800.00 to provide for local continuing administrative staff support with the Fifth Planning District Commission Disability Services Board and a contract with Roslyn Kingery to provide for such continuing local administrative staff support for the Fifth Planning District Disability Services Board, as recommended in the City Manager's letter to this Council dated June 2, 2008. 2. All documents shall be in form approved by the City Attorney. APPROVED ATTEST: JM-~4I1. ~~ Stephanie M. Moon, CMC City Clerk C)/t {1. ~ ~. ~Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of June, 2008. No. 38110-060208. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Fifth District Disability Services Board Grant, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. , BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Revenues Fifth District Disability Services Board FY09 35-630-5164-2010 $14,800.00 35-630-5164-5164 $14,800.00 318 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: ~JY\.~ c/ Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor IN THE COUNCIL.OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of June, 2008. No. 38111-060208. AN ORDINANCE amending and reordaining Section 32-103.20, Definitions, and Section 32-103.23, Requirements, of Article II, Real Estate I Taxes Generally, Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. Section 32-103.20, Definitions, and Section 32-103.23, Requirements, of Article II, Real Estate Taxes Generally, Chapter 32, Taxation, of the Code of the City of Roanoke (1979), are hereby amended to read and provide as follows: See. 32-103.20. Definitions. The following words, terms and phrases, when used in this division shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: I I I I 319 Energy-efficient building means any building that exceeds the energy efficiency standards prescribed in the Virginia Uniform Statewide Building Code by thirty (30) percent. An energy-efficient building may also be any building that (i) meets or exceeds performance standards of the Green Globes Green Building Rating System of the Green Building Initiative, (ii) meets or exceeds performance standards of the Leadership in Energy and Environmental Design (LEED) Green Building Rating System of the U.S. Green Building Council, (iii) meets or exceeds performance standards or guidelines under the EarthCraft House Program, or (iv) is an Energy Star qualified home, the energy efficiency of which meets or exceeds performance guidelines for energy efficiency under the Energy Star program developed by the United States Environmental Protection Agency. * * * See. 32-103.23. Requirements. The special tax rate provided by this division shall be granted to applicants meeting the following requirements: (1) The title to the property for which it is claimed is held, or partially held, by the person claiming the exemption. (2) As required by Section 58.1-3221.2, Code of Virginia, the applicant shall submit a certification that the building has been determined to be an energy-efficient building. If the certification is that the building exceeds the energy standards provided by the Virginia Uniform Statewide Building Code by thirty percent (30%), the certification shall be by a qualified licensed engineer or contractor who is not related to the applicant, which licensed engineer or contractor shall certify to the applicant that he or she has the qualifications to provide such certification. If the certification is that the building is certified under one of the programs in clauses (i) through (iv) of Section 58.1-3221.2.C., Code, of Virginia, then the applicant may (a) submit evidence that the building meets or exceeds the performance standards or guidelines of the program, or (b) a qualified, licensed engineer designated by the city shall determine, at the expense of the applicant, whether the building meets or exceeds the performance standards or guidelines under any program described in clauses (i) through (iv) of Section 58.1-3221.2.C. 2. 2008. This ordinance shall be in full force and effect on and after July 1, 320 3. Pursuant to 912 of the Roanoke City Chaner, the second reading by I title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: ~.:...u m. h-;O~ Stephanie M. Moon, CMC City Clerk ~ ltQ~~ c. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of June, 2008. No. 38112-060208. AN ORDINANCE to appropriate funding reductions from the Commonwealth, amend Capital Maintenance and Equipment Replacement Program Appropriations, and reduce funding from the General Fund to the Capital Projects Fund for certain Commonwealth funded programs, to reflect I year end adjustments, and for current year budget reductions, amending and reordaining certain sections of the 2007-2008 General, Capital Projects, Fleet Management, and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 General, Capital Projects, Fleet Management, and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Capital Projects Fund Transfer to Grant Fund Contingency Fleet Capital Billings Temporary Employee Wages FICA Publications and Subscriptions 01-250-9310-9508 01-250-9310-9535 01-300-9410-2199 01-530-4110-7027 01-630-3350-1004 01-630-3350-1120 01-650-7310-2040 ($299,765.00) (9,624.00) 250,000.00 (338,500.00) (13,005.00) (995.00) (4,600.00) I I I I Revenues Registrar Library Law Enforcement HB599 Virginia Juvenile Community Crime Control Act Fund Balance Reserved for CMERP-City Capital Projects Fund Appropriations Appropriated from General Fund Contingency Revenues Transfer from General Fund- Government Fleet Manaqement Fund Appropriations Vehicular Equipment Revenues Fleet Capital-General Fund Grant Fund Appropriations Local Match Funding for Grants Revenues Transfer from General Fund 321 01-110-1234-0615 01-110-1234-0656 01-110-1234-0658 (2,500.00) (4,600.00) (336,000.00) (14,000.00) 01-110-1234-0723 01-3323 59,389.00 08-530-9575-9003 08-530-9575-9220 (250,000.00) (49,765.00) 08-110-1234-1037 (299,765.00) 17-440-2642-9010 (338,500.00) 17-110-1234-1200 (338,500.00) 35-300-9700-5415 (9,624.00) 35-300-9700-5207 (9,624.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: /' /h. M)'M ) Step anie M. Moon, ~~r;' v City Clerk C. Nelson Harris Mayor 322 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of June, 2008. I No. 38113-060208. AN ORDINANCE authorizing the proper City officials to execute a Budget Amendment No. 2 to the Amended and Supplemented South Jefferson Cooperation Agreement 2 (Budget Amendment No.2) between the City of Roanoke (City) and the City of Roanoke Redevelopment and Housing Authority (RRHA); approving an amended budget for such Budget Amendment No.2; authorizing the City Manager to take such actions and execute further documents as may be needed to implement and administer such Budget Amendment No.2; and dispensing with the second reading by title of this Ordinance. WHEREAS, by Resolution No. 35248-031901, City Council approved a Redevelopment Plan for the South Jefferson Redevelopment Area (Redevelopment Plan); WHEREAS, the City and RRHA entered into a South Jefferson Cooperation Agreement 2 dated March 19, 2001, authorized by Ordinance No. 35250- 031901 (SJC Agreement 2) to provide for RRHA to implement the I Redevelopment Plan, and RRHA has proceeded with such implementation; WHEREAS, the City and RRHA entered in to an amendment to the SJC Agreement 2 by an Amended and Supplemented South Jefferson Cooperation Agreement 2 dated March 19, 2004, authorized by Ordinance No. 36645- 031 504 (Amended Agreement), which extended the term of the original SJC Agreement 2 and the Amended Agreement to March 19, 2009. Such Amended Agreement further provided for an Amended Budget dated March 11, 2004, in order to provide additional funds to RRHA so RRHA could acquire certain additional property pursuant to the Redevelopment Plan; WHEREAS, the City and RRHA entered into Budget Amendment No.1, dated March 8, 2007, to the Amended and Supplemented South Jefferson Cooperation Agreement 2, authorized by Ordinance No. 37662-020507 (Budget Amendment No.1) in order to provide funds to RRHA for the acquisition, relocation, and demolition of certain property in Area 1 of the South Jefferson Redevelopment Area; and WHEREAS, the RRHA has advised the City that additional funds are needed by the RRHA in order for the RRHA to accomplish additional activities in accordance with the Redevelopment Plan and as set forth in the City Manager's I letter dated June 2, 2008, to this Council. I I I 323 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the Third Amended Budget for the Budget Amendment No.2 as such budget is set forth and attached to the above mentioned City Manager's letter. 2. The City Manager is hereby authorized on behalf of the City to execute a Budget Amendment No.2 to the Amended and Supplemented South Jefferson Cooperation Agreement 2 that will provide for a Third Amended Budget, together with such other terms and conditions as set forth in the above mentioned City Manager's letter and as may be deemed appropriate by the City Manager. Such Budget Amendment No.2 is to be in a form substantially similar to the one attached to the above mentioned letter and be in a form approved by the City Attorney. 3. The City Manager is further authorized to take further actions and execute further documents as may be needed to implement and administer such Budget Amendment No.2 and the Third Amended Budget. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. APPROVED ET:~ h ~~ hJ. r-r-plJyJ Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of June, 2008. No. 38114-060208. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the South Jefferson Redevelopment Project, amending and reordaining certain sections of the 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: 324 Appropriations Appropriated from General Revenue - Legal Fees Appropriated from General Revenue - Acquisition Appropriated from General Revenue - Demolition Appropriated from General Revenue - Administrative Support Appropriated from General Revenue - Relocation Expenses 08-530-9633-9110 $ 120,000.00 I 08-530-9633-9111 2,485,000.00 08-530-9633-9112 705,000.00 08-530-9633-911 3 25,000.00 08-530-9633-9114 75,000.00 Fund Balance Economic and Community Development Reserve - Unappropriated 08-3365 (3,410,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: c U&&~ I ~~'h-;JIIYtJ Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of June, 2008. No. 38115-060208. A RESOLUTION adopting and establishing an Employees' Post-Retirement Health Plan and an Employees' Post-Retirement Dental Plan outlining eligibility guidelines and premiums therefore, and the respective benefits provided by the City to its retirees. I I I I 325 BE IT RESOLVED by the Council of the City of Roanoke that Council hereby adopts and authorizes the establishment of an Employees' Post-Retirement Health Plan and an Employees' Post-Retirement Dental Plan, as set out in the report to Council from the City Manager and the Director of Finance dated June 2, 2008. APPROVED ATTEST: A~ In. hIOdN Stephanie M. Moon, CMC City Clerk ~VJL~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of June, 2008. No. 38116-060208. AN ORDINANCE creating a Finance Board to serve as Trustee of funds designated for other post-employment benefits other than pensions; authorizing execution of a Trust Funding Agreement for participating employees under the Virginia Pooled OPEB Trust Fund; and dispensing with the second reading by title of this ordinance. WHEREAS, Section 15.2-1500 of the Code of Virginia provides, in part, that every locality shall provide for all the governmental functions of the locality, including, without limitation, the organization of all departments, offices, boards, commissions and agencies of government, and the organizational structure thereof, which are necessary and the employment of the officers and other employees needed to carry out the functions of government; WHEREAS, in connection with the employment of the officers and other employees needed to carry out the functions of government, the City of Roanoke has established certain plans to provide post-employment benefits other than pensions ("Other Post-Employment Benefits"), as defined in Section 15.2-1545 of the Code of Virginia, to individuals who have terminated their service to the City of Roanoke and to the beneficiaries of such individuals; 326 WHEREAS, Article 8, Chapter 15, Subtitle II of Title 15.2 of the Code of Virginia (99 15.2-1544 et seq.) provides that the governing body of a city may establish a trust for the purpose of accumulating and investing assets to fund Other Post-Employment Benefits; I WHEREAS, Section 15.2-1547 of the Code of Virginia provides that the governing body of a city shall create a finance board to serve as trustee of any trust established for the purpose of accumulating and investing assets to fund Other Post-Employment Benefits and to manage and invest the assets of that trust; WHEREAS, Section 15.2-1300 of the Code of Virginia provides that any power, privilege or authority exercised or capable of exercise by any political subdivision of the Commonwealth of Virginia may be exercised and enjoyed jointly with any other political subdivision of the Commonwealth having a similar power, privilege or authority pursuant to agreements with one another for joint action pursuant to the provisions of that section; WHEREAS, any two or more political subdivisions may enter into agreements with one another for joint action pursuant to the provisions of Section 1 5.2-1300 of the Code of Virginia provided that the participating political subdivisions shall approve such agreement before the agreement may enter into force; and WHEREAS, a number of Virginia localities by the execution of a Virginia Pooled OPEB Trust Fund Agreement have jointly established and participate in the Virginia Pooled OPEB Trust Fund (the "Trust Fund") for each such locality. I NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City of Roanoke does hereby create a finance board (the "Finance Board"), as provided in Section 15.2-1547 of the Code of Virginia to serve as trustee of funds designated by the City to be held, accumulated, and invested by the Finance Board for the purpose of funding Other Post- Employment Benefits. 2. The City of Roanoke does hereby agree to become a "Participating Employer" in the "Virginia Pooled OPEB Trust Fund" (the "Trust Fund"), as further defined in the Virginia Pooled OPEB Trust Fund Agreement. 3. The City of Roanoke does hereby direct the Finance Board to execute and deliver the Trust Joinder Agreement for Participating Employers I under the Virginia Pooled OPEB Trust Fund. I I I 327 4. The City of Roanoke does hereby authorize the Finance Board to perform its duties as set forth in Article 8, Chapter 15, Subtitle II of Title 15.2 of the Code of Virginia (9915.2-1544, et ~.) by transferring to the Trust Fund all, or any portion as the Finance Board deems appropriate, of the funds for Other Post-Employment Benefits designated by the City to be accumulated and invested by the Finance Board upon the occurrence of such events set forth in the Trust Agreement for the Trust Fund to become effective. 5. Pursuant to 912 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: ~hJ.~~ Stephanie M. Moon, CMC City Clerk c. C. elson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of June, 2008. No. 38117-060208. ) A RESOLUTION appointing the members of the City's Finance Board. WHEREAS, by ordinance adopted June 2, 2008, the Council created a finance Board (the Finance Board) as provided by Section 15.2-1547 of the Code of Virginia to serve as trustee of funds designated by the City to be held, accumulated and invested by the Finance Board for the purpose of funding Other Post-Employment Benefits (OPEB); and WHEREAS, the City agreed by the same ordinance to establish a trust pursuant to Section 15.2-1 544 of the Code of Virginia for the purpose of accumulating and investing assets to fund OPEB and further agreed to become a Participating Employer in the Virginia Pooled OPEB Trust Fund. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 328 1. Council appoints Sherman Stovall as a citizen member of the Finance Board to serve a two-year term expiring June 1, 2010, or thereafter I when his successor shall have been appointed and qualified. 2. In accordance with the requirements of Section 15.2-1547 of the Code of Virginia, the Director of Finance and City Treasurer are appointed, ex officio, as members of the Finance Board for unlimited terms. APPROVED ATTEST: ()r). hJb()yvl Stephanie M. Moon, CMC City Clerk c.w Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of June, 2008. No. 38118-060208. I AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council adopted and enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke (1979) (hereinafter sometimes referred to as the "City Code"); WHEREAS, such Code, as amended, contains certain provisions which incorporate by reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code"); WHEREAS, from time to time, certain of these State Code sections which are incorporated by reference in the City Code have been amended by the General Assembly; WHEREAS, such amendments are a matter of public record which are set forth in the Acts of Assembly and supplements and replacement volumes of the I State Code; and I I I 329 WHEREAS, it is the desire of this Council that those provisions of the City Code which adopt by reference State Code provisions shall be fully consistent with enactments of the most recent Session of the General Assembly. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in the City Clerk's Office, consisting of Chapters 1 through 36.2, each inclusive, is hereby readopted and reenacted. Such Code amendments heretofore and hereafter adopted shall continue to be known as the Code of the City of Roanoke (1979), as amended. 2. With respect to sections or provisions of the State Code incorporated by reference in the City Code, Council recognizes any amendments made to such sections or provisions of the State Code by the most recent Session of the General Assembly and hereby expresses the intent and ordains that such amendments to sections or provisions of the State Code incorporated by reference in the City Code shall be included in the City Code verbatim as enacted by the most recent Session of the General Assembly. 3. Any reference in the City Code to any section, article or chapter from former Titles of the State Code shall be deemed and construed to apply to the successor section, article or chapter of the State Code, comparable sections being set out in Tables of Comparable Sections for certain Repealed and Revised Titles published in Volume 10. 4. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ Y0. YnbliYV Stephanie M. Moon, CMC' - I City Clerk Q C. Nelson Harris Mayor 330 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38119-061608. A RESOLUTION paying tribute to the Honorable C. Nelson Harris, Mayor of the City of Roanoke, and expressing to him the appreciation of this City and its people for his exemplary public service. WHEREAS, the Honorable C. Nelson Harris will have served as Mayor of the City of Roanoke from July 1, 2004, to June 30, 2008, and also as a member of City Council for eight years, twice serving as Vice-Mayor; WHEREAS, Mayor Harris is a native of Roanoke, and received his bachelors degree at Radford University and his master of divinity degree at Southeastern Baptist Theological Seminary. He has done postgraduate work at Princeton Theological Seminary, where he was named a Pastoral Fellow in 2006; WHEREAS, while devoting countless hours to his duties as Mayor, he has simultaneously served as Pastor of Virginia Heights Baptist Church in Roanoke; WHEREAS, Mayor Harris served on the Roanoke City School Board from 1992-1996, and as its chair from 1994-1996; WHEREAS, Mayor Harris has served as an ex officio member of all of the committees of Council; WHEREAS, Mayor Harris' record of leadership includes an appointment by Governor Tim Kaine to the Radford University Board of Visitors, selection as a Marshall Fellow, designation as "Roanoker of the Year" by The Roanoker magazine in 2005 and 2006, past recipient of the Roanoke Jaycees' "Outstanding Young Man of the Year" award, and in 2007 CITY magazine named him as local politician "Most Supportive of the Arts", he having been the originator of the City's Arts Festival; and WHEREAS, Mayor Harris has a deep interest in the history of this region, and has authored a number of books in this field. I I I I I I 331 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council adopts this resolution as a means of paying tribute to the Honorable C. Nelson Harris, and expresses to him the heartfelt appreciation of this City and its people for his record of dedicated and exemplary service as a member of this Council and as Mayor of the City of Roanoke. APPROVED ATTEST: /1;. trpavv Stephanie M. Moon, CMC City Clerk G C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38120-061608. A RESOLUTION paying tribute to the Honorable Beverly T. Fitzpatrick, Jr., and expressing to him the appreciation of the City and its people for his exemplary public service. WHEREAS, Mr. Fitzpatrick was born in Roanoke, Virginia, and educated at the Economic Development Institute of the University of Oklahoma, University of North Carolina, Ferrum College, and has a bachelor's degree from Virginia Polytechnic Institute and State University; 332 WHEREAS, Mr. Fitzpatrick has been actively involved in the community, serving as vice-chair of University Connection (Smart Road), on the board of directors for Blue Ridge Public Television, chair of the Roanoke City Economic Development Commission, as commissioner of the Roanoke Redevelopment and Housing Authority, on the board of directors of the Lewis-Gale Foundation, secretary of the Foundation for Regional Excellence, To The Rescue - Julian Stanley Wise Foundation Advisory Board, member of the Downtown Roanoke, Inc., board, president of the Commonwealth Coach & Trolley Museum, and he has also been involved with the Sorensen Institute for Political Leadership, Roanoke Higher Education Center, Economic Development Committee, Center for Innovative Leadership, and The Foundation for Downtown Roanoke, among many, many, other activities; WHEREAS, having last been elected to City Council in 2004, Mr. Fitzpatrick served as Vice-Mayor from July 2004 through June 2006, July 1988 through June 1990, and July 1992 through October 1993, and for varying terms as a member of City Council since July 1988; and WHEREAS, Mr. Fitzpatrick has worked diligently as Chair of Council's Legislative Committee to identify legislative solutions to problems and bring about positive changes for the City of Roanoke, and has served on Council's Audit and Personnel Committees, the Transportation Policy Committee of the Virginia Municipal League, as Vice-President of the Greater Roanoke Transit Company board of directors, as the City's representative to Virginia's First Cities Coalition, and as liaison to the Roanoke Redevelopment and Housing Authority. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this Resolution as a means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable Beverly T. Fitzpatrick, Jr. I I I I I I 333 2. The City Clerk is directed to forward an attested copy of this Resolution to the Honorable Beverly T. Fitzpatrick, Jr. APPROVED ATTEST: G~ . - In !JdiJyv Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38121-061608. A RESOLUTION paying tribute to the Honorable Brian Wishneff, and expressing to him the appreciation of the City and its people for his exemplary public service. WHEREAS, Mr. Wishneff was born in Norfolk, Virginia, and has bachelor's and master's degrees from Virginia Polytechnic Institute and State University; WHEREAS, Mr. Wishneff served the City as Chief of Economic Development from 1979-1993; WHEREAS, Mr. Wishneff is currently President of Brian Wishneff & Associates, and an Adjunct Professor at Virginia Tech University; WHEREAS, Mr. Wishneff has been actively involved in the community, serving on the Roanoke City School Board from 1996 to 2002, and as Acting Director of the Hotel Roanoke Conference Center Commission from 1993 to 1996; WHEREAS, Mr. Wishneff was elected to City Council for a term that commenced July 1, 2004; and 334 WHEREAS, during his time on City Council, Mr. Wishneff served on the Council's Audit and Personnel Committees, the Greater Roanoke Transit Company board of directors, Council's Legislative Committee, on the New River Valley Commerce Park Participation Committee, and Virginia's First Regional Industrial Facility Authority. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable Brian Wishneff. 2. The City Clerk is directed to forward an attested copy of this resolution to the Honorable Brian Wishneff. APPROVED ATTEST: ~dn.1n/i)yV Stephanie M. Moon, CMC / ' City Clerk Q.~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38122-061608. A RESOLUTION paying tribute to Jesse Addison Hall, Director of Finance for the City of Roanoke, and expressing to him the appreciation of this City and its people for his exemplary public service. WHEREAS, Mr. Hall was born in and raised in Gladys, Virginia; WHEREAS, Mr. Hall served in the United States National Guard from 1966 to 1972, when he was honorably discharged; I I I I I I 335 WHEREAS, Mr. Hall holds a Bachelor of Science degree in business with a major in Accounting (1974) and a Master of Business Administration (1975) from Virginia Polytechnic Institute and State University in Blacksburg, Virginia, and is a Certified Public Accountant, licensed in Virginia; WHEREAS, Mr. Hall began his career with the City in 1975 as an Auditor and served as Assistant Municipal Auditor from 1977 to '1 979; WHEREAS, Mr. Hall served as Administrator of City Accounting Services for the Department of Finance from November 1979 until December 1993, and served as Deputy Director of Finance from December 1993 until january 2002; WHEREAS, Mr. Hall has served as Director of Finance since january 2002, overseeing the City departments of Finance, Billings and Collections, and Real Estate Valuation, has served as the Roanoke Pension Plan's Secretary-Treasurer, and has served on the Hotel Roanoke Conference Center Commission; WHEREAS, Mr. Hall was instrumental in automating the Department of Finance when personal computers first became available and was involved in numerous system implementations to ensure efficiency and al.Jtomated processing including accounting, payroll and utility system projects; WHEREAS, Mr. Hall oversaw completion of timely and effective external audits and publication of professional Comprehensive Annual Financial Reports, ensuring that the City maintained its leadership position among localities nationwide in receipt of the Certificate of Achievement for Excellence in Financial Reporting; WHEREAS, Mr. Hall participated in the sale of numerous general obligation bond issues, ensuring that the City maintained an excellent credit rating and that capital projects could be successfully financed at the lowest cost to the citizens; WHEREAS, Mr. Hall served on the Roanoke Valley juvenile Detention Commission since its inception in 1998 and was closely involved in coordinating the financing of its new facility; WHEREAS, Mr. Hall served on the Roanoke Valley Federal Credit Union Board and helped coordinate the purchase of its current facility, and was instrumental in the development of the Western Virginia Water Authority in 2004 through a regional partnership between the City and County of Roanoke; 336 I WHEREAS, Mr. Hall has been a member of several professional organizations, including the American Institute of Certified Accountants, the Virginia Society of Certified Public Accountants, the Government Finance Officers' Association, the Association of Retirement Systems in Virginia, and the Virginia Municipal League/Virginia Association of Counties OPEB Trust Board; WHEREAS, Mr. Hall made significant contributions to the Virginia Government Finance Officers' Association, serving as a member of the Executive Board including President in 1999-2000, by leading the organization to prepare its first strategic plan, which enabled it to achieve improved organizational structure and administration and to initiate a certification program for Virginia finance professionals; WHEREAS, Mr. Hall has announced his retirement as Dir~ctor of Finance, effective July 1, 2008; and WHEREAS, Mr. Hall has faithfully served the City of Roanoke and its citizens for thirty-three years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I 1. City Council adopts this means of recognizing and commending the many years of service rendered to the City of Roanoke and its people by Jesse Addison Hall. 2. The City Clerk is directed to transmit an attested copy of this resolution to Mr. Hall. APPROVED ATTEST: ~ tIh, Ih IJIln} Step anie M. Moon, CMC ( City Clerk c~cLY~ C. Nelson Harris Mayor I I I I 337 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38123-061608. A RESOLUTION electing and appointing Ann H. Shawver as Director of Finance for the City of Roanoke, and ratifying the terms and conditions of employment as offered to Ms. Shawver. WHEREAS, the City Council desires to elect and appoint Ann H. Shawver as Director of Finance pursuant to the Roanoke Charter of 1952; and WHEREAS, Ms. Shawver has agreed to accept election and appointment as Director of Finance. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Ann H. Shawver is hereby elected and appointed as Director of Finance of the City of Roanoke effective midnight June 30, 2008, or as soon thereafter as Ms. Shawver can assume such position, for a term which shall expire September 30, 2008. 2. The terms and conditions of Ms. Shawver's election and appointment as Director of Finance shall be as hereinafter set forth: (a) The annual salary shall be $120,000.00 ($4,615.38 biweekly); (b) The City shall annually pay on behalf of Ms. Shawver the sum of $8,000.00 to the International City Management Association- Retirement Corporation (ICMA-RC), for her participation in the ICMA-RC Retirement Plan, and the City shall execute any necessary agreements to provide for such payment. During the first year of employment, such amount shall be prorated; 338 (c) Recognizing that the job requirements of the Director of Finance routinely require incurring travel related expenses in the course of City business, a bi-weekly salary increment of $96.1 5 shall be provided for use by Ms. Shawver of a privately-owned or leased automobile in the conduct of official City business; (d) The City shall provide Ms. Shawver with an additional disability income coverage policy; and (e) With respect to benefits and terms and conditions of employment not enumerated in this resolution, Ms. Shawver shall be accorded such benefits and shall be subject to such terms and conditions on the same basis as other similarly situated employees of the City. 3. Ms. Shawver will make arrangements to qualify for office by taking the required Oath of Office as soon as practicable. APPROVED ATTEST: ~~ th. Mjffy>.) Stephanie M. Moon, CM~ / City Clerk Q,~c#~ c. Nelson Harris Mayor I I I I I I 339 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38124-061608. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Compensation Board Technology Trust Fund for upgrades, maintenance, and other charges in the Office of Circuit Court Clerk, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Revenues Comp Board Tech Trust Fund #2 FY08 35-120-5155-2010 $27,880.00 35-120-5155-5155 27,880.00 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: '/); hJJ~ Stephanie M. Moon, CMC City Clerk 340 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38125-061608. AN ORDINANCE to transfer funding between specific Human Services Committee agencies, amending and reordaining certain sections of the 2008- 2009 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 2008-2009 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows, in part: Appropriations Southwestern VA Second Harvest Food Bank City of Roanoke Dept of Social Services Brain Injury Services of Southwest Virginia 01-630-5220-3788 01-630-5220-3963 $2,000.00 (3,000.00) 1,000.00 01-630-5220-3916 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: c~~ C. Nelson Harris Mayor J ffl hJ ~ f'rL) Stephanie M. Moon, CMC City Clerk I I I I I I 341 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2008. No. 38126-061608. A RESOLUTION reestablishing and adopting a Residential Parking Program (Program) effective as of the date of adoption of this Resolution, such Program to be applicable to certain downtown residents under certain conditions in City owned or operated parking garages, as recommended by the City Manager; and authorizing the City Manager to take such actions as may be needed to implement, administer, and enforce such Program. WHEREAS, this Council seeks to encourage persons to live downtown; and WHEREAS, the provision of adequate parking in the downtown area is critical to the success of City Council's goal of encouraging downtown housing. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I. City Council approves, adopts, and hereby reestablishes a Residential Parking Program (Program) for certain downtown residents under certain conditions in certain City owned or operated parking garages, the details of which are set forth in the City Manager's letter dated June 16, 2008, to this Council and Attachment B to such letter. Council also approves the Program's definition of the Central Business District set forth in paragraph 2 of Attachment B. 2. This Program shall be effective as of the date of adoption of this Resolution and extend through June 30, 2011, unless sooner modified or terminated by City Council. 342 I 3. The City Manager is authorized to take such actions as may be needed to implement, administer, and enforce such Program. APPROVED ATTEST: - /J;. hJ ilJN Stephanie M. Moon, CMC City Clerk c C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38127-061608. I A RESOLUTION adopting an advertising policy for the City of Roanoke. WHEREAS, the City of Roanoke produces six print publications on a regular basis at the cost of approximately $230,000.00, to offset this cost, staff has developed an advertising policy for entities to advertise in two of these publications. THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke hereby adopts an advertising policy outlining the requirements for potential advertisers for the City of Roanoke's print publications, in such form as attached to the City Manager's report to Council dated June 16, 2008. APPROVED ATTEST: ~ >>7.lYJON Stephanie M. Moon, CMC City Clerk GUjLbt~ C. Nelson Harris Mayor I I I I 343 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38128-061608. A RESOLUTION authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute an agreement, which includes a mutual indemnity provision, with the Roanoke Valley Convention and Visitors Bureau for a term of one year, from July 1, 2008, through June 30, 2009, unless sooner terminated in accordance with the provisions of the agreement, for the purpose of increasing tourism and marketing the Roanoke Valley as a regional destination for convention, conference, leisure and business travel, all as more fully set forth in the City Manager's letter to this Council dated June 16, 2008. 2. The contract amount authorized by this resolution shall not exceed $817,440.00 without further Council authorization. 3. Such agreement shall be in such form as is approved by the City Attorney, and shall be substantially similar to the one attached to the above mentioned letter. APPROVED ATTEST: c;~L c. Nelson Harris Mayor , dr). m()ffY0 Stephanie M. Moon, CMC (' City Clerk 344 IN TH E COU NCI L OF TH E CITY OF ROANOKE, VI RG I N lA, I The 16th day of June, 2008. No. 38129-061608. AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City), Maple Leaf Bakery Inc., (MLB), and the Economic Development Authority of the City of Roanoke, Virginia, (EDA); providing for certain undertakings by the parties in connection with the purchase and installation of new equipment at MLB's facility in the City; and dispensing with the second reading by title of this Ordinance. WHEREAS, MLB, formerly Canada Bread Bakeries, Inc., has proposed to replace its oldest existing production line with a new production line in MLB's existing building located at 1955 Blue Hills Drive, Roanoke, Virginia 24012 and bearing Tax Map Number 7230102 ("Project"); WHEREAS, MLB has proposed spending at least $9.5 million (US) in new equipment on the proposed production line; WHEREAS, MLB has requested economic grants from the City through the EDA to assist in the cost of the machinery and tools necessary for the new production line, and MLB will also add new jobs for work on the new line; and I WHEREAS, City staff recommends that the Project proceed and believes that such Project will promote economic development within the City. City staff has negotiated a Performance Agreement acceptable to MLB and EDA staff and recommends approval of such Agreement. After approval by the City, the Performance Agreement will be sent to the EDA for its action and execution. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of the Performance Agreement among the City, MLB, and the EDA, as set forth in the attachment to the City Manager's letter to Council dated June 16, 2008, which provides for certain undertakings and obligations by MLB, as well as certain undertakings by the City and the EDA. City Council further finds that the economic development grant(s), which shall not exceed a total of $200,000.00.00 (US), provided for by the Performance Agreement will promote economic development within the City. I I I I 345 2. The City Manager is authorized on behalf of the City to execute a Performance Agreement among the City, MLB, and the EDA, upon certain terms and conditions as set forth in the City Manager's letter to Council dated June 16, 2008. The Performance Agreement shall be substantially similar to the one attached to such letter and in a form approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Performance Agreement. 4. Pursuant to the provIsions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Cr~~ ~. tlJ,::?ouru Stephanie M. Moon, CMC City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38130-061608. AN ORDINANCE authorizing the execution of an agreement and related documents with the Art Museum of Western Virginia to cause to be painted a mural on a City-owned retaining wall located at the western end of the south abutment of the Williamson Road Viaduct; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 346 1. The City Manager is hereby authorized, for and on behalf of the City, to execute an agreement with the Art Museum of Western Virginia to cause to be painted a mural on a City-owned retaining wall, and any other necessary and appropriate documents as approved by the City Attorney setting forth the obligations of each party thereto, as described in a letter to Council by the City Manager dated June 16, 2008. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: CJ{~~ - (/};. frJA1Jh) Stephanie M. Moon, CMC City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38131-061608. AN ORDINANCE authorizing the City Manager's issuance and execution of an Amendment to the City's Contract with Genuine Parts Company (Contractor or GPC) for certain modifications to such Contract; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City and Contractor entered into a Contract dated April 17, 2007, that provided for the Contractor to provide all equipment, materials, goods, labor, and services necessary for a Turn Key On-Site Parts Operation (Parts Operation) at the City's Public Works Facility, located at 1802 Courtland Avenue NW, Roanoke, Virginia for the City's Fleet Division (Contract), which Contract was authorized by Ordinance No. 37720-040207; I I I I I I 347 WHEREAS, the term of the Contract was April 17, 2007, through April 16, 2009, with the option for the City to extend the Contract for up to three additional one year periods or any combination thereof. City staff recommends modification of the Contract term so the term will coincide with the City's fiscal year, and to also adjust the Contract amount as set forth in the City Manager's letter to this Council dated June 16, 2008; and WHEREAS, City staff recommends modification of the provIsions of Section 5 (C)(iv) of the Contract as set forth in the above mentioned City Manager's letter. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute an Amendment to the City's Contract with GPC for, certain modifications to such Contract, all as more fully set forth in the City Manager's letter to this Council dated June 16, 2008. 2. Such Amendment will provide authorization to modify the Contract term and increase the Contract's not to exceed amount to $925,000.00 for the modified Contract term of April 17, 2007, through June 30, 2008. The Amendment will be effective retroactively to December 1, 2007, and shall be substantially similar to the one attached to the above mentioned City Manager's 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 and of the original Contract. 'z 348 4. Pursuant to the provIsions of Section 12 of the City Code, the second reading by title of this Ordinance is hereby dispensed with. APPROVED ATTEST: Q~~~ c. Nelson Harris Mayor /" /J;. InDdY0 Stephanie M. Moon, CMC I City Clerk IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38132-061608. AN ORDINANCE authorizing the proper City officials to execute an Amendment No.3 to a Performance Agreement dated November 18, 2004, as amended, among the City of Roanoke, (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and IMD Investment Group, LLC, (IMD), which amendment will provide for a time extension concerning an obligation of IMD under such Performance Agreement; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City, the EDA, and IMD entered into a Performance Agreement dated November 18, 2004, (Performance Agreement), a subsequent Amendment No. 1 dated November 14, 2006, and an Amendment No.2 dated September 18, 2007, concerning IMD's proposed development of certain property mentioned therein, and which was subject to certain terms and conditions contained in such Performance Agreement; and WHEREAS,IMD has requested a further time extension for completion of one of IMD's obligations under the Performance Agreement, Amendment No.1, and Amendment No.2, and City staff recommends granting such request. After approval by the City, the Amendment No.3 will be sent to the EDA for its action and execution. I I I I I I 349 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves IMD's requested time extension for completion of one of IMD's obligations under the Performance Agreement, Amendment No.1, and Amendment No.2, namely that item relating to Subsection 2 (D), as set forth in the City Manager's letter to Council dated June 16, 2008, and the draft Amendment No. 3 attached thereto. 2. The City Manager is authorized on behalf of the City to execute an Amendment No. 3 to the Performance Agreement, Amendment No.1, and Amendment No.2, providing for a certain time extension for IMD to complete one of IMD's obligations thereunder regarding the time period to open a drug store, upon certain terms and conditions as set forth in the above mentioned City Manager's letter. Such amendment will be substantially similar to the one attached to such letter and in a form approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such amendments to the Performance Agreement and of the Performance Agreement itself. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. APPROVED ATTEST: ~ ( {JvCcrt~ c. Nelson Harris Mayor , to. 00'/'rV Stephanie M. Moon, CMC City Clerk 350 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38133-061608. AN ORDINANCE authorizing the City Manager to execute a third amendment to an existing Lease Agreement between the City of Roanoke and the Commonwealth of Virginia, Department of Health, dated June 5, 2001, to further extend the term of the Lease for additional periods of one month each, not to exceed twelve months; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized to execute and attest respectively, a third amendment to the Lease Agreement between the City of Roanoke and the Commonwealth of Virginia, Department of Health, dated June 5, 2001, for the lease of certain property located at 515 and 530 8th Street, to further extend the term of the Lease by additional periods of one month each, not to exceed a total of twelve months, at a rate of $12,983.33 per month, commencing July 1, 2008, as further stated in the City Manager's letter dated June 16, 2008; such Lease Agreement to be approved as to form by the City Attorney 2. Except as provided above, the remainder of the terms in the Lease Agreement shall remain in full force and effect. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: c/ - th tlJDWV Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor I I I I I I 351 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38134-061608. AN ORDINANCE to appropriate funding from the Commonwealth and from local revenues to the Department of Social Services and Comprehensive Services Act, amending and reordaining certain sections of the 2007-2008 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows, in part: General Fund Appropriations Transfer to Grant Fund Temporary Wages Advertising Administrative Supplies Maintenance -Equipment Postage Burial Expenses Temporary Wages Temporary Wages Temporary Wages Telephone Electric Natural Gas City Dumpster Temporary Wages Fees for Professional Services Electric Equipment Training and Development Maintenance -Equipment Other Rental Temporary Wages 01-250-9310-9535 01-630-1270-1004 01-630-1270-2015 01-630-1270-2030 01-630-1270-2048 01-630-1270-2160 01-630-1270-2301 01-630-3330-1004 01-630-3350-1004 01-630-3360-1004 01-630-3360-2020 01-630-3360-2022 01-630-3360-2024 01-630-3360-2259 01-630-5311-1004 01-630-5311-2010 01-630-5311-2022 01-630-5311-2035 01-630-5311-2044 01-630-5311-2048 01-630-5311-3075 01-630-5313-1004 $ (10,748.00) (2,300.00) (1 50.00) (500.00) (200.00) (500.00) (10,000.00) (3,500.00) (700.00) (2,000.00) i (1,500.00) - -;.;,1 (700.00) (300.00) (500.00) (3,400.00) (2,720.00) (8,160.00) (14,960.00) (10,200.00) (680.00) (17,000.00) (13,905.00) ,~ 352 I Fees for Professional Services 01-630-5313-2010 (2,575.00) Administrative Supplies 01-630-5313-2030 (2,060.00) Equipment 01-630-5313-2035 (3,605.00) Training and Development 01-630-5313-2044 (5,150.00) Program Activities 01-630-5313-2066 (1,236.00) Business Meals and Travel 01-630-5313-2144 (1,030.00) Postage 01-630-5313-2160 (1,545.00) Auxiliary 01-630-5313-3120 (11,000.00) General Relief 01-630-5313-3125 (41,250.00) Equipment 01-630-5314-2035 (19,435.00) Motor Fuel and Lube 01-630-5314-2038 (1,690.00) Publications 01-630-5314-2040 (58.00) Training and Development 01-630-5314-2044 (8,450.00) Vehicle Accident 01-630-5314-2212 (5,070.00) A.D.C. - Foster Care 01-630-5314-3115 151,286.00 100% Emergency Relief 01-630-5314-3145 (19,000.00) Subsidized Adoption IV-E 01 -630- 5314- 31 55 40,000.00 Day Care Services 01-630-5314-3159 105,000.00 Fees for Professional Services 01-630-5316-2010 (13,520.00) I Administrative Supplies 01-630-5316-2030 (5,915.00) Equipment 01-630-5316-2035 (5,915.00) Training and Development 01-630-5316-2044 (423.00) Program Activities 01-630-5316-2066 (2,113.00) Business Meals 01-630-5316-2144 (423.00) Foster Care Covered by IV-E 01-630-5410-3180 1,200,000.00 Fees for Professional Services 01-630-5411-2010 (500.00) Training and Development 01-630-5411-2044 (10,000.00) Business Meals 01-630-5411-2144 (2,000.00) Virginia Cooperative Center 01-630-8210-3700 (20,000.00) Revenues Foster Care 01-110-1234-0675 191,286.00 Day Care 01-110-1234-0686 96,500.00 Cost Allocation Plan 01-110-1234-0690 64,53.00 CSA-State 01-110-1234-0692 831,360.00 School CSA 01-110-1234-1376 24,024.00 Grant Fund Appropriations Temporary Wages 35-630-5054-1004 (9,984.00) FICA 35-630-5054-1120 (764.00) I Revenues Local Match 35-630-5054-5060 (10,748.00) I I I 353 Pursuant 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,~~ ~ /Y). h?J0 Stephanie M. Moon, CMC City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38135-061608. A RESOLUTION accepting the Fiscal Year 2008-2009 funds for the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Shelter Grant Program (ESG), and authorizing the City Manager to execute the requisite Grant Agreements with the United States Department of Housing and Urban Development (HUD). BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fiscal Year 2008-2009 funds for the Community Development Block Grant, HOME Investment Partnerships and Emergency Shelter Grant Programs are hereby ACCEPTED, upon receipt of an approval letter from HUD. 354 I 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreements with the United States Department of Housing and Urban Development (HUD) for such funds, the Funding Approval, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set out in the report to this Council dated June 16, 2008. APPROVED ATTEST: PI. tr; 6lfYU Stephanie M. Moon, CMC City Clerk C1 C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 16th day of June, 2008. No. 38136-061608. AN ORDINANCE to appropriate funding for the Community Development Block Grant, HOME Investment Partnerships Program and Emergency Shelter Grant Program, amending and reordaining certain sections of the 2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Mortgage Assistance Program (Project Funds) Unprogrammed Funds 04-05 Unprogrammed Funds 05-06 Affordable Home Rehab (Project Funds) Hurt Park Habitat Homeownership (Project Funds) 35-090-5312-5399 $ 58,666.00 35-090-5312-5482 (58,666.00) 35-090-5313-5482 (176,580.00) 35-090-5313-5523 83,121.00 I 35-090-5313-5532 93,459.00 I 355 Affordable Home Rehab (Project Funds) 35-090-5364-5523 377.00 Mortgage Assistance Program (Project Funds) 35-090-5366-5399 24,274.00 Unprogrammed Funds 07-08 35-090-5366-5482 (9,667.00) Affordable Home Rehab (Project Funds) 35-090-5366-5523 6,502.00 Hurt Park TAP Homeownership (Project Funds) 35-090-5366-5530 140,464.00 Unprogrammed Funds 08-09 35-090-5368-5482 42,506 .00 CHDO Reserve (Project Funds) 35-090-5368-5524 102,658.00 CHDO Reserve (Operating Funds) 35-090-5368-5525 10,266.00 Homeownership Reserve (Project Funds) 35-090-5368-5526 75,000.00 Rehabilitation Reserve (Project Funds) 35-090-5368-5527 95,716.00 Fair Housing Testing (Administrative Funds) 35-090-5368-5528 15,000.00 Hurt Park TAP Homeownership (Admin Funds) 35-090-5368-5529 50,000.00 Hurt Park TAP Homeownership (Project Funds) 35-090-5368-5530 304,536.00 Hurt Park Habitat Homeownership (Project Funds) 35-090-5368-5532 13,704.00 I ESG - YWCA 35-E09-5179-5250 20,800.00 ESG - TRUST 35-E09-5 179-525 1 20,010.00 ESG - TAP Transitional Living Center 35-E09-5179-5253 23,000.00 ESG - Roanoke Valley Interfaith Hospitality Network 35-E09-5179-5254 18,000.00 Hotel Roanoke 108 3 5-G02-0230-5 135 356.00 Unprogrammed CDBG Carryover 3 5-G02-0240-5 184 (356.00) Hotel Roanoke 108 3 5-G03-0330-5 135 375.00 Unprogrammed CDBG Carryover 3 5-G03-0340-5 184 (375.00) Hotel Roanoke 108 3 5-G04-0430-5 135 7,172.00 Unprogrammed CDBG Carryover 3 5-G04-0440-5 184 (7,172.00) Hotel Roanoke 108 3 5-G05-0530-5 135 4,689.00 Unprogrammed CDBG Carryover 3 5-G05-0540-5 184 (4,689.00) Hotel Roanoke 108 3 5-G06-0630-5 135 37.00 Unprogrammed CDBG Carryover 35-G06-0640-5184 (37.00) Hotel Roanoke 108 3 5-G07-0730-5 135 59,388.00 Unprogrammed CDBG Carryover 35-G07-0740-5184 (32,821.00) Unprogrammed CDBG Section 108 Loan 3 5-G07-07 40-5188 (260.00) Hotel Roanoke 108 3 5-G08-0830-5 135 78,307.00 Unprogrammed CDBG Section 108 Loan 3 5-G08-0840-5 188 5,812.00 I Empowering Individuals with Disabilities 3 5-G09-0920-505 7 58,000.00 Demolition 3 5-G09-0920-5 108 135,000.00 356 Mortgage Assistance Program (Project Funds) Park Street Square/RRHA Project Emergency Home Repair - TAP - Project Emergency Home Repair - TAP - Delivery World Changers 2009 Old Southwest - Spruce Up Your Home Acquisition Reserve Affordable Home Rehab Program Hurt Park TAP Homeownership (Project) Hurt Park TAP Homeownership (Delivery) Hurt Park TAP Rehab (Project) Hurt Park TAP Rehab (Delivery) Hurt Park Habitat Rehab (Project) Hurt Park TAP Rebuilding Rehab (Project) Hurt Park TAP Rebuilding Rehab (Delivery) Historic Review Services 10 Year Plan to Eliminate Homelessness Hotel Roanoke 1 08 Harrison Museum . Goodwill Job Campus Loudon/Melrose - NDG Edgewood/Morwanda - NDG Hurt Park - NDG Melrose/Rugby Neighborhood Forum - NDG Fairfield Civic - NDG Targeted Infrastructure Norwich - NDG Southeast Action Forum - NOG Wildwood Civic League - NOG Fleming Court Neighborhood Watch - NDG Old Southwest Victorian Street Light Project Apple Ridge Farms West End Center Belmont Community Health Care Center CRC - Restorative Justice Pathfinders - PCC Wrap-Around Roanoke - FSRV SWVA Second Harvest Kid's Cafe Court Advocacy Services - CASA Saint John's CYP 3 5-G09-0920-5 399 35-G09-0920-5428 35-G09-0920-5470 35-G09-0920-5483 35-G09-0920-5486 3 5-G09-0920-5 521 3 5-G09-0920-5 522 3 5-G09-0920-5 52 3 3 5-G09-0920-5 530 3 5-G09-0920-5 5 31 3 5-G09-0920-5 5 34 3 5-G09-0920-5 53 5 3 5-G09-0920-5 5 36 3 5-G09-0920-5 5 38 3 5-G09-0920-5 5 39 35-G09-0921-5403 3 5-G09-0921-54 73 3 5-G09-0930-5 135 3 5-G09-0930-5 518 3 5-G09-0930-5 520 3 5-G09-093 7-5245 35-G09-0937-5355 3 5-G09-093 7-5 3 71 35-G09-0937-5410 3 5-G09-093 7-5440 3 5-G09-093 7-5442 3 5-G09-093 7-5 5 14 35-G09-0937-5515 3 5-G09-093 7-5 516 35-G09-0937-5517 35-G09-0937-5519 35-G09-0938-5084 3 5-G09-0938-5 160 3 5-G09-0938-54 74 35-G09-0938-5478 3 5-G09-09 3 8- 5488 35-G09-0938-5491 3 5-G09-0938-5 503 3 5-G09-0938-5 504 3 5-G09-0938-5 506 I 10,000.00 10,000.00 70,000.00 30,000.00 80,000.00 30,000.00 467,838.00 10,000.00 30,000.00 60,700.00 40,531.00 121,592.00 20,000.00 5,600.00 54,400.00 10,000.00 12,155.00 321,601.00 I 100,000.00 50,000.00 900.00 900.00 2,400.00 2,149.00 900.00 175,000.00 4,308.00 1,500.00 900.00 379.00 38,588.00 38,443.00 40,000.00 11,654.00 30,296.00 22,579.00 27,403.00 9,512.00 I 12,705.00 12,662.00 I I I BISSWVA Case Management Saint John's CYP Revenues HOME Program Income 06-07 HOME Program Income 07-08 HOME Entitlement 08-09 HOME Program Income 08-09 ESG Entitlement 08-09 Home Ownership Rental Rehab Hotel Roanoke Section 108 Repayment CDBG Entitlement Other Program Income - RRHA Lease Payment - Cooper Industries Sands Woody Loan Repayment TAP-SRO Loan Repayments Home Ownership Assistance Hotel Roanoke Section 108 Repayment Rental Rehab Repayment 3 5-G09-0938-5 508 3 5-G09-0938-5 509 35-090-5364-5365 35-090-5366-5367 35-090-5368-5368 35-090-5368-5369 35-E09-5 179-5 179 35-G07-0700-2722 35-G07-0700-2740 35-G08-0800-2834 3 5-G09-0900-290 1 3 5-G09-0900-2 90 3 35-G09-0900-2906 3 5-G09-0900-2 91 7 35-G09-0900-2920 35-G09-0900-2922 35-G09-0900-2934 35-G09-0900-2940 357 30,000.00 90,000.00 377.00 161,573.00 684,386.00 25,000.00 81,810.00 25,650.00 657.00 84,119.00 1,844,422.00 5,000.00 13,333.00 6,722.00 5,618.00 5,000.00 400,000.00 500.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~n~/1bifyv City Clerk C vJ!iLcGVcrrrb c. Nelson Harris Mayor 358 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38137-061608. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by adding a new Section 2-314, Loans or grants for purchase or rehabilitation of certain residences, to a new Article XV, Housing Loans and Grants, to Chapter 2, Administration; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, the City Council of the City of Roanoke ("City Council") declares that the preservation of existing housing in a safe and sanitary condition and the production of new housing for persons of moderate income are public purposes; WHEREAS, City Council declares that such preservation and production are governmental functions; and WHEREAS, City Council finds that making grants and loans to owners of esidential property for the purpose of rehabilitating owner-occupied residences, or assisting in the purchase of an owner-occupied residence, in designated conservation or rehabilitation districts, is an appropriate and necessary means to perform such governmental functions. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of a new Section 2-314, Loans or grants for purchase or rehabilitation of certain residences, to a new Article XV, Housing Loans and Grants, to Chapter 2, Administration. to read and provide as follows: I I I I 359 ARTICLE XV. HOUSING LOANS AND GRANTS 92-314 Loans or grants for purchase or rehabilitation of certain residences. (a) To the extent that such funds have been appropriated, the City Manager is authorized to make loans or grants of City funds to individuals for the purpose of rehabilitating owner-occupied residences, or assisting in the purchase of owner-occupied residences, that are located in an area that has been designated as a conservation or rehabilitation district. (b) The City Manager shall publish in january of each year a report listing the property or properties purchased , or rehabilitated, if any, pursuant to this section, and the amounts of any grants or loans made for such purpose, for the preceding calendar year. I (c) Any loans or grants made pursuant to this section shall be made to persons who meet the income guidelines issued by the Virginia Housing Development Authority for use in its single family mortgage loan program financed with bonds on which the interest is exempt from federal income taxation. (d) Financial institutions as defined in Section 6. 1- 125.1 of the Code of Virginia (1950), as amended, shall be offered the opportunity to participate in any loan program established pursuant to this section. (e) The City Manager is authorized to promulgate regulations not inconsistent with this section or the Code of Virginia (1950), as amended, in order to implement this section. I 360 2. This ordinance shall be effective on July 1, 2008. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: C:,l~~Sj~ . ~ m. h]blfY'J Stephanie M. Moon, CMC City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38138-061608. A RESOLUTION adopting a policy relating to the relocation of certain utilities within the City's rights-of-way. WHEREAS, City staff has worked with representatives of the Western Virginia Water Authority (WVWA) to try to develop a mutually agreed upon policy outlining who is responsible for the costs of relocating WVWA utilities that are within City's rights-of-way when a project necessitates such relocation; and WHEREAS, City Council has the right and the obligation to manage the City's rights-of-way, and in the Operating Agreement which the City entered into with the WVWA and Roanoke County dated June 30, 2004, in which the WVWA was granted a "license" to use the City's rights,.of-way, the City reserved the right reasonably to regulate such use. I I I I I I 361 THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke hereby adopts a policy outlining who is responsible for the cost of relocating Western Virginia Water Authority (WVWA) utilities that are within City's rights-of- way, in such form as it is attached to the City Manager's and City Attorney's joint report to Council dated June 16, 2008. APPROVED ATTEST: CJt~ c. Nelson Harris Mayor ~/17'0~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38139-061608. AN ORDINANCE to appropriate funding from the General Fund undesignated fund balance to the Reserve for School Roof Replacement project, amending and reordaining certain sections of the 2007-2008 General 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 and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 362 General Fund Appropriations Transfer to School Capital Fund 01-250-9310-9531 $1,082,106.00 Fund Balance Undesignated Fund Balance 01-3324 (1,082,106.00) School Capital Proiects Fund Appropriations Appropriated from General 31-065-6089-9003 1,082,106.00 Revenue Revenues Tansfer from General Fund-CMERP 31-110-1234-1356 1,082,106.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Q~\ C. Nelson Harris Mayor 1?7. Jr))/rJ Stephanie M. Moon, CMC City Clerk / IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38140-061608. AN ORDINANCE establishing compensation for the City Manager, City Attorney, Municipal Auditor, and City Clerk, for the fiscal year beginning July 1, 2008; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: I I I I I I 363 1. For the fiscal year beginning July 1, 2008, and ending June 30, 2009, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of the Council-appointed officers identified above shall be the salary received by each during the fiscal year July 1, 2007, ending June 30, 2008, increased by two percent (2%). 2. Any increase in compensation due to any officer or employee under this Ordinance shall be first paid with the first paycheck in July, 2008. 3. The Director of Finance shall continue to pay on an installment basis the sum of $8,000.00 per calendar year to ICMA as deferred compensation on behalf of the five incumbent Council-appointed officers. The sum shall be paid in equal quarterly installments. 4. In no calendar year shall amounts of deferred compensation contributed by the City to ICMA on behalf of the Council-appointed officers exceed the maximum amount permitted by the Internal Revenue Code and IRS regulations to be deferred on a tax-free basis annually. 5. The Director of Finance shall be authorized, for and on behalf of the City, to execute any documents required by ICMA to implement this ordinance. 6. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 7. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: c,liQ~ C. -Nelson Harris Mayor . ~ .lh~gyJ Stephanie M. Moon, CMC City Clerk 364 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 16th day of June, 2008. No. 38141-061608. A RESOLUTION addressing Virginia's transportation funding crisis. WHEREAS, the package of transportation taxes and fees enacted by the 2007 Session of the General Assembly to address statewide maintenance and regional transportation needs failed because the Virginia Supreme Court invalidated the Northern Virginia regional fees and because the 2008 General Assembly repealed the abusive driver fee program; WHEREAS, the City of Roanoke has growing transportation needs and costs ranging from: 1) maintaining aging streets with complex adjacent utilities and high traffic volumes, 2) meeting demand for added public transportation, and 3) the need for increased intercity passenger rail service, all requiring additional state funds; WHEREAS, the Commonwealth Transportation Board is ready to approve a $1.1 billion reduction in the official six-year forecast, forcing a forty-four percent cut in primary, urban roads and secondary roads construction; I WHEREAS, the impact of this reduction on the Salem district will be a loss of $25.5 million in FY2008, $38 million in FY2009, escalating to $56.3 million in FY2014. The City of Roanoke and surrounding localities cannot and will not close this funding gap; WHEREAS, the costs for the City of Roanoke to maintain its older streets continue to rise annually; WHEREAS, transit ridership is growing, and needed transit improvements, expansions, and escalating diesel costs require additional state operating and capital funds to maintain and meet the added demand for service; WHEREAS, the public wants and needs more frequent intercity passenger rail, which requires added state capital and operating funds; WHEREAS, the Governor's proposal would increase funding for Urban road funds; I I I I 365 WHEREAS, the City of Roanoke and its affiliated municipal organizations, the Virginia Municipal League and the Virginia First Cities Coalition, have advocated for a transportation funding model that is adequate, sustainable, and dedicated with non-general funds to support Virginia's transportation network; and WHEREAS, Governor Timothy M. Kaine has called the General Assembly into special session on June 23 to address these funding matters; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke does hereby support efforts of the Governor and General Assembly to act swiftly and decisively to approve legislation that will address the transportation funding crisis at the statewide, regional, and local levels; and BE IT FURTHER RESOLVED that such legislation should recognize that it is the Commonwealth's responsibility to impose new taxes and fees; that funding purposes must be restricted to adequately maintaining transportation infrastructure, ensuring safe roads statewide, relieving traffic congestion, maintaining and increasing transit service, expanding intercity passenger rail, promoting economic development throughout the state, and providing multi- model options; and that providing consumer choices, including the use of tolls on new transportation facilities, is part of the solution to the transportation crisis. APPROVED ATTEST: c .~ Nelson Harris Mayor . '>>J.~ Stephanie M. Moon, CMC City Clerk 366 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 16th day of June, 2008. No.3 8142-061608. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title. WHEREAS, 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 943 Murray Avenue, S.E., bearing Official Tax No. 4122606, rezoned from IN, Institutional District, to RM-1, Residential Mixed Density District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its I recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on June 16, 2008, after due and timely notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I I I I 367 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. 4122606, located at 943 Murray Avenue, S.E., be and is hereby rezoned from IN, Institutional District, to RM-1, Residential Mixed Density District, as set forth in the Amended Zoning Application NO.1 dated May 1, 2008. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: e~~~~ -/ /Y). 1r)D~ Stephanie M. Moon, CMC I City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38143-011608. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title. WHEREAS, 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 2835 Garden City Boulevard, S.E., bearing Official Tax No. 4190704, rezoned from RMF, Residential Multifamily District, to RM-2, Residential Mixed Density District; 368 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 June 16, 2008, after due and timely notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 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. 4190704, located at 2835 Garden City Boulevard, S.E., be and is hereby rezoned from RMF, Residential Multifamily District, to RM-2, Residential Mixed Density District, as set forth in the Zoning Amendment Application dated April 15, 2008. 2. Pursuant to the proVISions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED . r ~ 11 (I / ;. JIJY1)" Stephanie M. Moon, CMC City Clerk c~.~ C. Nelson Harris Mayor I ATTEST: I I I 369 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38144-061608. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title. WHEREAS, 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 2621 Barham Road, S.W., bearing Official Tax No. 1550906, rezoned from R-5, Residential Single-Family District, to ROS, Recreation and Open Space District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on June 16, 2008, 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 mad,e 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: 370 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.1 550906, located at 2621 Barham Road, S.W., be and is hereby rezoned from R-5, Residential Single-Family District, to ROS, Recreation and Open Space District, as set forth in the Zoning Amendment Application dated April 1 5, 2008. 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 ~elson Harris Mayor -- In. hJ()(}'yv Stephanie M. Moon, CMC ~ - / City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38145-061608. AN ORDINANCE authorizing the lease of 209 square feet of space located within City-owned property known as the City Market Building, for a term of one year beginning July 1, 2008, and extending through June 30, 2009; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on June 16, 2008, 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 the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: I I I I I I 371 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 Eddie Soo Park, doing business as Tokyo Express, for the lease of approximately 209 square feet of space located within City-owned property known as the City Market Building, for the operation of a food service business, for a term of one year, at a rental rate of $487.67 per month, beginning July 1, 2008, and extending through June 30, 2009, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated June 16, 2008. 2. The City Manager and the City Clerk are further authorized to execute and attest, respectively, an amendment to the existing sublease agreement between Sejin Lee Kim and Eddie Soo Park providing that such sublease shall expire on June 30, 2008. 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: Stephariie M. MOO~~ City Clerk Cllt~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2008. No. 38146-061608. AN ORDINANCE authorizing the placement of a deed of reservation on City owned property designated as Tax Map Numbers 1230301, 1221301, 1221406, and 1322024 to allow the placement of certain trail and channel improvement easements, ingress/egress easements and a temporary construction easement in connection with the Roanoke River Flood Reduction Project, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. ' 372 WHEREAS, a public hearing was held on June 16, 2008, pursuant to 99 15.2-1800 (B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on this proposed vacation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents to place a deed of reservation on City owned property designated as Tax Map Numbers 1230301, 1221301, 1221406, and 1 322024 to allow the placement of certain trail and channel improvement easements, ingress/egress easements and a temporary construction easement in connection with the Roanoke River Flood Reduction Project, upon the terms and conditions set forth in the City Manager's letter to Council dated June 16, 2008. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: c~q4~ C. Nelson Harris Mayor I I I 373 I " IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2008. No. 38147-070708. A RESOLUTION recognizing the Honorable David Bowers as Mayor of the City of Roanoke. WHEREAS, the Honorable David Bowers was elected Mayor for a four-year term, which will commence July 1, 2008, at the regular Councilmanic election held on the first Tuesday in May, 2008. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable David Bowers be, and he is, hereby recognized to be a duly elected Mayor of the City of Roanoke for a term commencing on the 1 st day of July, 2008, and continuing for a period of four years, and until his successor shall have been elected and qualified. APPROVED I ATTEST: A~ In. 1r;OMJ Stephanie M. Moon, CMC City Clerk SJ-~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2008. No. 38148-070708. A RESOLUTION recognizing the Honorable Sherman P. Lea to be a member of the City Council and Vice-Mayor of the City of Roanoke. I WHEREAS, the Honorable Sherman P. Lea received the largest number of votes of any candidate running for City Council in the regular Councilmanic election held on the first Tuesday in May, 20081 and was, therefore, elected Vice-Mayor of the City for a two-year term, which will commence July 1, 2008, as provided by ~4 of the Charter of the City of Roanoke. 374 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that I the Honorable Sherman P. Lea be, and he is, hereby recognized to be a duly elected member of the Council of said City for a term commencing on the 1 st day of July, 2008, and continuing for a period of four years, and until his successor shall have been elected and qualified, and to be the duly elected Vice- Mayor of the City for a term commencing July 1, 2008, and continuing for a period of two years and until his successor shall have been elected and qualified. APPROVED ATTEST: ~rn.~ihv Stephanie M. Moon, CMC City Clerk S)G(fJl~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The ]th day of July, 2008. No. 38149-070708. A RESOLUTION paying tribute to the Honorable David B. Trinkle, and expressing to him the appreciation of the City and its people for his exemplary public service as the Vice-Mayor of the City. WHEREAS, Dr. Trinkle was elected as Vice-Mayor in May 2006; WHEREAS, Dr. Trinkle served on the School Board from 2003 through 2006, serving as vice-chair for the 2005-2006 term; WHEREAS, Dr. Trinkle- is a Geriatric Psychiatrist whose professional focus is providing for elderly persons who are mentally ill through a continuum of care model; WHEREAS, Dr. Trinkle has written and had published numerous articles in various medical journals pertaining to his field of practice. Dr. Trinkle is actively involved in teaching at Carilion Medical Center; and I I I I 375 WHEREAS, Dr. Trinkle has worked diligently on the Roanoke Valley Allegheny Regional Commission, Roanoke Valley Area Metropolitan Planning Organization, as vice-chair of the Audit Committee, the Greater Roanoke Transit Company board of directors, Council's Legislative Committee, and the Personnel Committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this Resolution as a means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable David B. Trinkle, as Vice-Mayor. 2. The City Clerk is directed to forward an attested copy of this Resolution to the Honorable David B. Trinkle. APPROVED ATTEST: ~ 11;. rr-;o~ Si)'Q~~ David A. Bowers Mayor Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2008. No. 38150-070708. A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2008, and terminating June 30, 2009. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This resolution establishes a schedule of regular meetings for City Council for the Fiscal Year commencing July 1, 2008, and terminating June 30, 2009. 376 2. For such fiscal year, City Council shall hold regular meetings on the I first and third Mondays of each month, at the following times of commencement: (a) Unless otherwise provided by resolution of Council, each regular meeting on the first Monday in each month shall commence at 9:00 a.m. for the conduct of informal meetings, work sessions, or closed meetings. Thereafter, Council shall take up the regular agenda at 2:00 p.m. Council may recess between the 9:00 a.m. session and the 2:00 p.m. session. (b) Unless otherwise provided by resolution of Council, each regular meeting on the third Monday in each month shall commence at 2:00 p.m. for the conduct of regular business. The second meeting of each month shall be recessed upon the completion of all business except the conduct of public hearings, and such meeting shall be reconvened at 7:00 p.m. on the same day for the conduct of public hearings. 3. With regard to the regular meetings scheduled to be held on the third Monday of each month, inasmuch as City officials and Council members will be attending the Virginia Municipal League Annual Conference to be held I on October 19-21, 2008, an exception is noted herein and the regular meeting scheduled to be held on Monday, October 20, 2008, is rescheduled to be held on Thursday, October 23, 2008, and shall commence at 2:00 p.m. Such meeting shall be reconvened at 7:00 p.m. on the same day for the conduct of public hearings. 4. When any regularly scheduled Monday meeting shall fall on a holiday of the City, such meeting shall be held on Tuesday next following. 5. All" meetings of City Council shall be automatically adjourned at 11:00 p.m., unless a motion setting a new time for adjournment be made, seconded, and unanimously carried. I I I I 377 6. Except for the 9:00 a.m. session of the regular meeting on the first Monday in each month, which shall be held in Room 159 of the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., in this City, all regular meetings of City Council shall be held in the Council Chambers, Room 450, of the Municipal Building, unless otherwise provided by resolution of Council. The 9:00 a.m. meeting with the School Board on August 4, 2008, shall be held in the Addison Aerospace Magnet School Cafeteria, 1220 5th Street, N.W., Roanoke, Virginia. 7. City Council may prescribe a day or time other than that established by this resolution or a meeting place other than that established by this resolution by adoption of a resolution establishing a new meeting day, place or time. City Council shall cause a copy of such resolution to be posted adjacent to the door of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to the date of the meeting at such amended day, time or place 8. This Resolution shall have no application to special meetings of City Council called pursuant to ~ 10 of the City Charter. APPROVED ATTEST: ~rn.~o~ S>~~ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2008. No. 38151-070708. AN ORDINANCE amending and reordaining Section 12-16, AdoPtion of Virginia Statewide Fire Prevention Code, and Section 12-18, Amendments, Article II, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading by title of this ordinance. 378 Section. 12-16. AdoPtion of Virginia Statewide Fire Prevention Code. Pursuant to the provisions of section 27-97 of the Code of Virginia (1950), as amended, the city hereby adopts and incorporates by reference as if fully set forth herein the Virginia Statewide Fire Prevention Code (20066 edition), as amended (hereinafter referred to in this chapter as the "Statewide Fire Prevention Code"), as the same has been promulgated by the State Board of Housing and Community Development. The Statewide Fire Prevention Code, as adopted by the city, and regulations promulgated in connection therewith, shall be known as the "City Fire Prevention Code". 2. Section 12-18, Amendments, Article II, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended, shall be amended to read and provide as follows: Section 12-18. Amendments. I The Statewide Fire Prevention Code adopted by the city is hereby amended as set out in the following paragraphs of this section. Unless indicated to the contrary, section numbers appearing in this section refer to such numbers as they appear in the Virginia Statewide Fire Prevention Code adopted by the city. Section f-1 05.1.4 is added to read as follows: f-1 05.1.4 Fire Official. The fire official shall be the fire marshal of the fire prevention division, or the fire official's assistants. I 379 I Section r 106.3.2 is added to read as follo'v~'s: r 10G.3.2 Investigation of fires. The fire official shall investigate, or cause to be in'v'estigated, every fire or explosion occurring 'v"v'ithin the jurisdiction that is of a suspicious nature or "which in\/olves the loss of life or serious injury or causes destruction or damage to property. Such investigation shall be initiated immediately upon the occurrence of such fire or explosion; and if it appears that such occurrence is of a suspicious nature, the fire official shall immediately take charge of the physical evidence; and, in order to preserve any physical e"v"idence relating to the cause or origin of SUCM fire or explosion, the fire official shall take means to prevent access by any person to tMe structure or prenlises until SUCM e\/idence Mas been properly processed. The fire official shall notify tMose persons designated by hri,( to pursue in"v'estigations into such r1'1atters and shall further cooperate "v'v'ith the autMorities in the collection of evidence and prosecution of the case and shall pursue tMe investigation to its conclusion. Section f-1 06.3:3-2 is added to read as follows: I f-106.3:3-2 Fire records. The fire official shall keep a record of all fires and facts concerning the same, including investigation findings, statistics and information as to the cause, origin and the extent of such fires and the damage caused thereby. Section f-503 04.1 is added to read as follows: f-50304.1 Presumption in prosecution. In any prosecution under this section, proof that the vehicle described in the complaint, summons or warrant was parked in violation of this section, together with proof that the defendant was, at the time of such parking, the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that such registered owner of the vehicle was the person who parked the vehicle at the place where, and for the time during which, such violation occurred. Section f-50304.2 is added to read as follows: I f-50304.2 Impoundment of vehicle. Any vehicle parked in violation of this section may be impounded by, or at the request of, the police or fire department and held until the penalty provided and the towing and storage charges incurred are paid. 380 Section f-50304.3 is added to read as follows: I f-50304.3 Enforcement. This section shall be enforced by the fire official and the Roanoke City Police Department. Section f-503 0404 is added to read as follows: f-50304o4 Penalty for violation of section f50304. Any person or firm in violation of the provisions of section f50304 of the Virginia Statewide Fire Prevention Code adopted by the city shall be guilty of a traffic infraction, as provided in section 20-74 of this Code, and shall be subject to the penalties set out in section 20-89 of this Code. Section r 1003.2.2.11 is added to read as follows: r 1003.2.2.11 Maximum occupant load. It shall be unlawful for any person to permit overcrmlv'ding or admittance of any person beyond the approved occupant load. The fire code official, upon finding overcro'V'lided conditions or obstructions in aisles, passageways, or other means of egress, or upon finding any condition vvhich constitutes a hazard to life and saf-ety, shall cause the occupancy, performance, presentation, spectacle or entertainment to be stopped until such a condition or obstruction is corrected and the addition of any further occupants prohibited until the approved occupant load is reestablished. I 3. This ordinance shall be effective on July 7,2008. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: m. rr;~.. Step~anie M. Moon, CMC ' City Clerk ~~. David A. Bowers Mayor I I I I 381 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2008. No. 38152-070708. AN ORDINANCE amending Section 20-76, Parking spaces reserved for persons with disabilities, Division 1, General, and Section 20-89, Penalties for unlawful parking, Division 3, Duties of Police Officers: Penalties for Unlawful Parking, Article IV, Stoppinq. Standinq and Parking, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended in order to allow for a lesser fine for failure to display a placard authorizing a vehicle to park in a space reserved for persons with disabilities; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending Section 20-76, Parkinq spaces reserved for persons with disabilities, Division 1, General, and Section 20-89, Penalties for unlawful parking, Division 3, Duties of Police Officers. Penalties for Unlawful Parking, Article IV, Stopping. Standing and Parkinq, of Chapter 20, Motor Vehicles and Traffic to read and provide as follows: See. 20-76. Parking spaces reserved for persons with disabilities. (a) No person shall park or leave standing any motor vehicle not displaying a disabled parking license plate, an organizational removable windshield placard, a permanent removable windshield placard or a temporary removable windshield placard issued under section 46.2-731, Code of Virginia (1950), as amended ("State Code"), or DV disabled parking license plates issued under subsection B of section 46.2-739 of the State Code, in a parking space reserved for persons with disabilities that limit or impair their ability to walk or for a person who is not limited or impaired in his ability to walk to park a vehicle in a parking space so designated except when transporting a person with such a disability in the vehicle. A summons or parking ticket for any offense under this section may be issued to enforce parking regulations by any law enforcement officer without the necessity of a warrant being obtained by the owner of any private parking area. 382 . (b) Organizational removable windshield placards, permanent removable windshield placards and temporary removable windshield placards shall be displayed in such a manner that they may be viewed from the front and rear of the vehicle and be hanging from the rear view mirror of a vehicle utilizing a parking space reserved for persons with disabilities that limit or impair their ability to walk. When there is no rear view mirror, the placard shall be displayed on the vehicle's dashboard. No placard shall be displayed from the rear view mirror while a vehicle is in motion. I (c) A disabled person, vehicle owner or volunteer for an institution or organization to which disabled parking license permits, organizational removable windshield placards, permanent windshield placards or temporary windshield placards are issued or any person to whom disabled parking license plates have been issued under section 46.2-739, Code of Virginia (1950), as amended, shall be allowed to park the vehicle on which such license plates or placards are displayed for up to four (4) hours in parking zones restricted as to length of parking time permitted. This subsection shall not apply to any provision of this chapter which creates parking zones for special types of vehicles nor shall it apply to any provision of this chapter which prohibits parking during heavy traffic periods, during specified rush hours or where parking would clearly present a traffic hazard. I (d) Disabled parking license plates, permanent removable windshield placards, temporary removable windshield placards and DV disabled parking license plates issued by other states and countries for the purpose of identifying vehicles permitted to use parking spaces reserved for persons with disabilities that limit or impair their ability to walk shall be accorded all rights and privileges accorded to vehicles displaying such devices in Virginia. (e) If there is a placard within a vehicle utilizing a parking space reserved for persons with disabilities, but that placard is not displayed as required by this section, such vehicle owner shall be subject to a fine as set forth in section 20-89 of this chapter. (elj The penalty for the parking violation established by this section shall be as set forth in section 20-89 of this chapter. I I I I 383 See. 20-89. Penalties for unlawful parking. *** (g) Every person tried and convicted of a violation of section 20- 69(i) or section 20-76, except section 20-76(e) shall be fined not less than one hundred dollars ($100.00) and not more than five hundred dollars ($ 500.00), which fine shall be imposed in addition to the other penalties set forth above, which shall also be paid upon conviction. (h) Every person tried and convicted of a violation of section 20- 76(e) shall be fined twenty-five dollars ($25.00), which shall be paid upon conviction. (-tll) In any prosecution charging a violation of any section of this article or any ordinance of the city governing the standing or parking of a vehicle, proof that the vehicle described in the complaint, summons, parking ticket citation, or warrant was parked in violation of such section or ordinance, together with proof that the defendant was at the time the registered owner of the vehicle, as required by section 46.2-600 et seq., Code of Virginia, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who committed the violation. (f}) As set forth in section 2-178.4 of the Code of the City of Roanoke (1979), as amended, an administrative fee may be applied to the total charges. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~h1'''70~ Stephanie M. Moon, CMC City Clerk 9-@;J~ David A. Bowers Mayor 384 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ph day of July, 2008. I No. 38153-070708. A RESOLUTION authorizing the School Board to enter into temporary loan agreements with Wachovia Bank, National Association, for the purpose of issuance of one or more credit cards to the school division and a line of credit for overdraft protection. WHEREAS, the School Board has managed its own financial system separate and apart from the City of Roanoke since July 1, 2008; WHEREAS, as a consequence of managing its own financial system the School Board will need to maintain its own bank accounts; WHEREAS, a line of credit will be helpful to ensure that the School Board does not overdraft any of its accounts; and WHEREAS, the School Board intends to secure its own credit card accounts to most appropriately meet its purchasing needs; BE IT RESOLVED by the Council of the City of Roanoke that: I 1. The School Board is hereby authorized to enter into temporary loan agreements with Wachovia Bank, National Association, in accordance with Virginia Code ~22.1-11 0 for the purpose of securing one or more credit cards in the name of the School Board and to secure a line of credit for overdraft protection. Such temporary loan agreements as well as any other necessary and appropriate documents shall be in a form approved by the City Attorney. 2. The maximum total amount of the temporary loans that the School Board is authorized to secure is $10,500,000.00 (including $10,000,000.00 for a line of credit, and $500,000.00 for credit cards), which amount is less that the maximum amount allowed by Virginia Code ~ 22.1-110. APPROVED .- m~'1t~. Stephanie M. Moon, CMC . ~ ~'"l! City Clerk ' ' . SJ)' fY?r?~ ~~~owers Mayor I I I I 385 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA~ The 21 st day of July, 2008. No.3 81 54-072108. A RESOLUTION accepting the local government challenge grant offered to the City by the Commonwealth of Virginia Commission for the Arts, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the local government challenge grant offered by the Commonwealth of Virginia Commission for the Arts in the amount of $5,000.00 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant is more particularly described in the letter of the City Manager to Council dated July 21,2008. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: ~n,.~ Stephanie M. Moon, CMC City Clerk g~~ David A. Bowers Mayor 386 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of July, 2008. No. 38155-072108. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Local Government Challenge .Grant, amending and reordaining certain sections of the 2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Roanoke Symphony Orchestra Mill Mountain Theatre Arts Council Of The Blue Ridge Revenues Local Challenge Grant FY09 35-410-8743-3736 $ 35-410-8743-3749 35-410-8743-3909 1,500.00 1,500.00 2,000.00 35-410-8743-8743 5,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~w'rn. h\c~ Stephanie M. Moon, CMC '-- City Clerk S)gj1~ David A. Bowers Mayor , '" . I I I I I I 387 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of July, 2008. No. 38156-072108. A RESOLUTION accepting the Juvenile Justice Delinquency Prevention Grant made to the City in collaboration with Family Services of the Roanoke Valley, from the Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Juvenile Justice Delinquency Prevention Grant made to the City from the Department of Criminal Justice Services in the amount of $65,000.00, with $32,500.00 in local matching funds (in kind) for a total award of $97,500.00, to be expended on Across Ages, an evidence based prevention program, in accordance with all the terms, provisions and conditions relating to the receipt of such funds, as more particularly described in the letter of the City Manager to Council, dated July 21, 2008. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, all necessary documents required to accept and administer the grant. All such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: ;~m,Y1~ '~:~ David A. Bowers Mayor Stephanie M. Moon, CMC City Clerk 388 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of July, 2008. No. 381 57 -072 1 08. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Juvenile Justice and Delinquency Across Ages Program, amending and reordaining certain sections of the 2008- 2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Fees for Professional Services 035-630-5021-2010 $65,000.00 Revenues Across Ages Program Grant FY09 035-630-5021-5021 65,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. . '. APPROVED ~ ATTEST: sv'-CZCJ:b~ David A. Bowers Mayor · 00. ~~ Stephanie M. Moon, CMC City Clerk I I I I I I 389 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of July, 2008. No. 38158-072108. A RESOLUTION authorizing the acceptance of an Urban and Community Forest Grant to fund a part-time Urban Forestry Planner to work with the City's Urban Forester to start a Tree Steward Program; and authorizing the execution of the necessary documents, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Urban and Community Forest Grant, in the amount of $10,000.00, to fund a part-time Urban Forestry Planner to work with the City's Urban Forester to start a Tree Steward Program, and as more particularly set forth in the letter dated July 21, 2008, from the City Manager to this Council. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, an agreement with the Virginia Department of Forestry, and any other forms necessary to accept such grant, such forms to be approved as to form by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: ~i??~d~ Stephanie M. Moon, CMC City Clerk wQ@b~ David A. Bowers Mayor ~c-"' 390 INTHE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of July, 2008. No. 381 59-072108. I AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grant, amending and reordaining certain sections of the 2008-2009 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2008-2009 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Temporary Wages Urban Forestry Supplies Transfer to Grant Fund Grant Fund Appropriations Regular Employee Salaries City Retirement ICMA Match FICA Medical Insurance Dental Insurance Life Insurance Revenues Urban & Community Forestry Grant FY09 Urban & Community Forestry Grant FY09 Local Match 01-620-4340-1004 01-620-4340-3004 01-250-9310-9535 35-620-4354-1002 35-620-4354-1105 35-620-4354-1116 35-620-4354-1120 35-620-4354-1125 35-620-4354-1126 35-620-4354-1130 35-620-4354-4354 35-620-4354-4355 $ (8,600.00) (6,703.00) 1 5,303.00 17,971.00 2,771.00 650.00 1,375.00 2,244.00 1 32.00 160.00 I 10,000.00 15,303.00 I I I I 391 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~,--:Jm.~~ Stephanie M. Moon, CMC City Clerk S})lC&~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of July, 2008. No. 38160-072108. AN ORDINANCE to appropriate additional funding from the Four-For-Life program for emergency medical services, amending and reordaining certain sections of the 2008-2009 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 2008-2009 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Four for Life Revenues EMS-Four for Life 01-520-3521-2245 $52,652.00 01-110-1234-0657 52,652.00 392 Pursuant 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<Ja(~ f rn.~ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of July, 2008. No. 38161-072108. A RESOLUTION supporting the City of Roanoke's participation in the Virginia Department of Transportation's Revenue Sharing Program. WHEREAS, the Virginia Department of Transportation's Revenue Sharing Program has been available to Virginia cities and towns for many years; WHEREAS, the Virginia Department of Transportation's Revenue Sharing Program has made available $50 million to Virginia cities and towns that maintain their road systems for FY2009; WHEREAS, the Virginia Department of Transportation's Revenue Sharing Program requires matching funds on a one to one basis; WHEREAS, the City has identified traffic signal improvements as the suggested project for which funds from the Virginia Department of Transportation's Revenue Sharing Program may be used and has identified matching City funds for the project; and WHEREAS, the City Council of the City of Roanoke desires to submit an application for an allocation of funds through the Virginia Department of Transportation's Fiscal Year 2009 Revenue Sharing Program. I I I I I I 393 , , THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Council supports the City's application for an allocation of funds through the Virginia Department of Transportation's Fiscal Year 2009 Revenue Sharing Program, as more fully set forth in the City Manager's letter dated July 21, 2008, to Council. 2. That if the City is successful in receiving the allocation of funds requested, that the City Manager and the City Clerk are hereby authorized on pehalf of the City to execute and attest, respectively, all necessary and appropriate agreements with the Virginia Department of Transportation to locally administer and implement this project, such agreements to be in such form as is approved by the City Attorney. APPROVED ATTEST: m .~IYV Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of July, 2008. No. 38162-072108. AN ORDINANCE to appropriate funding from the Federal government and donations, amending and reordaining certain sections of the 2008-2009 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 2008-2009 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 394 Appropriations I Equipment 302-100-1304-1000-751 C-62220-48821-9-00 $ 21 ,000.00 Professional 302-110-1305-1000- 3 52C-61 000-411 29-3-06 3,000.00 Development Materials & Supplies 302-110-1305-0210-3 52C-611 00-46614-3-06 1,500.00 Materials & Supplies 302-110-1 305-0280- 35 2C-611 00-46614- 3-06 1,500.00 Materials & Supplies 302-110-1305-0440-352(-61100-46614-3-06 1,500.00 Materials & Supplies 302-110-1305-0230-3 52C-611 00-46614-3-06 1,500.00 Staff Training 302-253-0000-0000-153C-64600-41129-9-00 90,000.00 Stipend Social Security 302-253-0000-0000-1 5 3C-64600-4220 1-9-00 6,885.00 Other Professional 302-253-0000-0000-153C-64600-43313-9-00 418,500.00 Services Postage 302-253-0000-0000-1 53C-64600-45 521-9-00 2,800.00 Travel 302-253-0000-0000-1 5 3C-64600-45 5 54-9-00 5,876.00 Evaluation Services 302-253-0000-0000-1 5 3C-64600-45 584-9-00 15,000.00 Parental & 302-253-0000-0000-1 5 3C-64600-45 585-9-00 10,000.00 Community Involvement Materials & Supplies 302-253-0000-0000-153C-64600-46614-9-00 7,000.00 Communications 302-253-0000-0000-1 53C-64600-48803-9-00 74,500.00 I Equipment Teacher 302-140-0000-0553-1 54C-6121 0-41121-3-05 400.00 Guidance Couns"elor 302-140-0000-0553-1 54C-61 21 0-411 23- 3-05 487.00 Coordinator 302-140-0000-0553-1 54C-61 21 0-411 24- 3-05 300.00 Social Security 302-140-0000-0553-1 54C-61 21 0-42201-3-05 333.00 Contracted Services 302-140-0000-0553-1 54C-61 21 0-43313-3-05 15,780.00 Travel 302-140-0000-0553-1 54C-6121 0-45554-3-05 200.00 Revenues Donation 302 -000-0000-0000-7 51 C-OOOOO- 33808-0-00 21 ,000.00 Federal Receipts 302 -000-0000-0000- 352 C -00000- 3801 0-0-00 9,000.00 Federal Receipts 302-000-0000-0000-153C-00000-38184-0-00 630,561.00 Federal Receipts 302-000-0000-0000-1 54C-00000- 381 86-0-00 17,500.00 I I I I 395 Pursuant 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~I?7. JrjlJrlYV Stephanie M. Moon, CMC City Clerk S)c~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of July, 2008. No. 38163-072108. A RESOLUTION accepting additional funding from. the Four-For-Life program through the Office of Emergency Medical Services in Richmond, Virginia, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the additional funding from the Four-For-Life program through the Office of Emergency Medical Services in Richmond, Virginia in the amount of $52,652.00 upon all the terms, provisions and conditions relating to the receipt of such funds. The additional funding to be received by the City from the Four-for-Life program is more particularly described in the letter of the City Manager to Council, dated July 21, 2008. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, any and all necessary documents required to obtain, accept, implement, administer, and use the additional funds, all such documents to be approved as to form by the City Attorney. 396 3. The City Manager is further directed to furnish such additional I information as may be required in connection with the City's acceptance of the additional funds. APPROVED ATTEST: - J 111. fIlonJ tephanie M. Moon, CM~ City Clerk ~~QCW~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of July, 2008. No. 38164-072108. AN ORDINANCE to amend ~ 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, I dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the petitioner; and dispensing with the second reading of this ordinance by title. WHEREAS, Oliver White Hill Foundation, Clarence M. Dunnaville, Jr., Vice President and Treasurer, represented by Alison Blanton, Hill Studio, PC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described property rezoned from RM-1, Residential Mixed Density District, to MX, Mixed Use District; ." WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~36.2-540, Code of the City of Roanoke (979), 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 July 21, 2008, after due and timely notice thereof as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and I I I I 397 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented. at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and tne Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax No. 2011424 located at 401 Gilmer Avenue, N.W., be, and is hereby rezoned from RM-1, Residential Mixed Density District, to MX, Mixed Use District, subject to certain conditions proffered by the petitioner, as set forth in the Zoning Amended Application No.1, dated May 16, 2008. 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: 9<Q~ David A. Bowers Mayor .. ~ m. ~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of July, 2008. No. 38165-072108. 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 Assisi Animal Clinics of Virginia, Inc., d/b/a Angels of Assisi, 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. 398 WHEREAS, the Angels of Assisi, (hereinafter "the Applicant"), has I petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, the Angels of Assisi, 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 July 21, 2008; 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 Nos. 1010705, 1010706, and 1010707, commonly known as 415-417 Campbell Avenue, (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 Property is exempted from such taxation; and I WHEREAS, the Applicant agrees that the personal property to be exempt from taxation is certain personal property, including medical equipment, computer software, office equipment, and four vehicles 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: I I I I 399 1. Council classifies and designates the Assisi Animal Clinics of Virginia, Inc., d/b/a Angels of Assisi 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 Nos. 1010705, 1010706, and 1010707, commonly known as 415-417 Campbell Avenue, 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 medical equipment, computer software, office equipment, and four vehicles 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, 2009, 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 Mr. Norman Mason, President, Assisi Animal Clinics of Virginia, Inc. 400 6. Pursuant to Section 12 of the City Charter, the second reading of I this ordinance by title is hereby dispensed with. APPROVED ~TTEST: '~; Stephanie M. Moon, CMC ~ City Clerk gQ?f~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of July, 2008. No.3 8166-072108. A RESOLUTION authorizing the issuance of six million six hundred forty thousand dollars ($6,640,000.00) principal amount of general obligations of the city of Roanoke, Virginia, in the form of general obligation public improvement bonds of such city, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and for such city; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds; authorizing the preparation of a preliminary official statement and an official statement relating to such bonds and the distribution thereof and the execution of a certificate relating to such official statement; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing and providing for the issuance and sale of a like principal amount of general obligation public improvement bond anticipation notes in anticipation of the issuance and sale of such bonds; delegating to the city manager and the director of finance certain powers with respect to the sale and determination of the details of such bonds and notes; and otherwise providing with respect to the issuance, sale and delivery of such bonds and notes. I I I I I 401 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 $6,640,000 principal amount of general obligations of the City, in the form of General Obligation Public Improvement Bonds of the City, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and for the City and to authorize the issuance of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Bonds; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia: SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, the same being the Public Finance Act of 1991 (the "Public Finance Act of 1991 "), for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and for the City, the City is authorized to contract a debt and to issue $6,640,000 principal amount of general obligation bonds of the City to be designated and known as' the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds"). (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a" series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 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. 402 (c) The Bonds (or portions thereof in installments of $S,OOO.OO) shall I 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 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. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $ 5 ,000.00) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior I 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 ~ond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. I I I I 403 SECTION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, the Council shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of this Section 3(c) with regard to the- authentication of such Bonds and of Section 8 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. 404 (d) The execution and authentication of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (a) The principal of and premium, if any, on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4; provided, however, that so long as the Bonds are in book-entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of QTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by I the City or any duly authorized officer thereof. I (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except 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 I I I 405 (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book- entry form only, in the principal amount of $5,000 or any whole multiple. thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervi'sing or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder or purchaser to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for or purchaser of the Bonds. 406 (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 I certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6. The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue' Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 7. (a) The Bonds shall be sold at negotiated or competitive sale on such date or dates and at such price or prices as shall be determined by the City Manager and the Director of Finance. In the event it is determined that the Bonds shall be sold at competitive sale, the Director of Finance is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The Bond Buyer, a financial journal published in the City of New York, New York, and to prepare or cause to be prepared and distributed a Preliminary Official Statement and a Detailed Notice of Sale relating to the Bonds. In preparing the Detailed Notice of Sale relating to the Bonds, the Director of Finance is hereby authorized to provide that bids for the purchase of the Bonds may be received I 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%). I I I I 407 (b) The Mayor is hereby authorized and directed to execute and deliver to the purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the Bonds, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisors and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 1 5c2-1 2 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 1 5c2-1 2"). The City Manager and the Director of Finance are hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially the form to be included in the Official Statement under the caption "Certificate Concerning Official Statement". (c) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 1 5c2-1 2 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 408 principal amount of the Notes of each series maturing in each year and (ii) are hereby further authorized to receive bids for the purchase of the Notes of each series if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at negotiated sale and, without further action of this Council, to accept the bid or proposal offering to purchase the Notes of each series at the lowest true interest cost to the City; provided, however, in no event shall the true interest cost with respect to the Notes of any series exceed six percent (6.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Notes of each maturity of each series as specified in the bid or proposal accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Notes hereof upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00%). If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared, published and distributed in accordance with the requirements of Section 7. If such Notes are publicly offered, there may also be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall be approved by the Director of Finance. The issuance and details of such Notes shall be governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or from any other available funds. Bonds in anticipation of which such Notes are issued pursuant to this Section 9 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. SECTION 10. The Council hereby authorizes the City to make expenditures for the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The adoption of this Resolution shall be considered an "official intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986. I I 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 I conflict herewith are, to the extent of such conflict, repealed. I I I 409 EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERI ES _____ REG ISTERED No. R-__ REGISTERED $------ MA TU RITY DATE: INTEREST RATE: DATE OF BOND: CUSI P NO.: REGISTERED OWNER: 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 calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), or in the 410 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. I or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of ___________________________________, as the Registrar and Paying Agent, in the City of ____________, __________. Principal of and premium, if any, and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of an issue of Bonds of like date, denomination and tenor e~cept as to number, interest rate and maturity, which is issued for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and for the City, under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the issue of which this Bond is one (or portions thereof in I installments of $ 5 ,000) maturing on and after __________________ are subject to redemption at the option of the City prior to their stated maturities, on or after _____________________ in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof: Redemption Dates (Both Dates Inclusive) Redemption Prices (Percentages of Principal Amount) __________ __ to __________ __, ____ __________ __ to __________ __, ____ __________ __ and thereafter % I I I I 411 If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. 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. 412 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 I Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. / IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile 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-----------------------------], as Registrar By:_________________________________ Authorized Signatory Date of Authentication: ____________ I 413 I ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights there under, hereby irrevocably constituting and appointing __________________________________________________, Attorney, to transfer such Bond on the books kept" for the registration thereof, with full power of substitution in the premises. Dated: ____________________ I 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, e"nlargement. or any change whatsoever. APPROVED ATTEST: , h7. ~lh'V Stephanie M. Moon, CMC City Clerk ~ David A. Bowers Mayor I 414 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of July, 2008. No. 38167-072108. AN ORDINANCE to appropriate funding to be provided by the Series 2009 Bonds to the Market Garage Repairs project, amending and reordaining certain sections of the 2008-2009 Parking Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2008-2009 Parking Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from 2009 Bond Funds Public Parking Facilities 07-540-8258-9301 07-540-8262-9286 $ 6,640,000.00 (6,640,000.00) Pursuant to the provisions of Section 12 of the' City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~/:~ City Clerk 9~Q@J7~ David A. Bowers Mayor I I I I I I 415 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of July, 2008. No. 38168-072108. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's contract with Walter, Robbs, Callahan & Pierce-Architects, Inc. P.A., d/b/a Walter, Robbs, Callahan and Pierce-Architects, P.A., for additional professional services for the construction phase of the Market Garage project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute such additional Amendments as may be necessary to the City's contract with Walter, Robbs, Callahan & Pierce-Architects, Inc. P.A., d/b/a Walter, Robbs, Callahan and Pierce-Architects, P.A., for additional professional services for the construction phase of the Market Garage project, all as more fully set forth in the City Manager's letter to this Council dated July 21, 2008. 2. The form of such Amendments shall be approved by the City Attorney. 3. Such Amendments will provide authorization for additions to the work, with an increase in the amount of the contract and provided the total amount of such Amendments will not exceed an additional $210,000, all as set forth in the above-referenced letter. APPROVED ATTEST: ~~Jn.~{X1\'V Stephanie M. Moon, CMC City Clerk Q~~ Mayor 416 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of July, 2008. No.3 8169-072108. AN ORDINANCE allowing the continuance of certain existing encroachments that extend variable distances into the public right of way from property located at the intersection of 1801 Belleville Road, SW, and Sherwood Avenue, SW, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on July 21, 2008, pursuant to ~~ 15.2-1800 (B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on this proposed encroachment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Authorization is hereby granted to permit the continuance of the following four existing encroachments into the public right of way from property located at the intersection of 1801 Belleville Road, SW, and Sherwood Avenue, SW,: (1) a retaining wall that encroaches approximately 9.0 feet into the right of way at Belleville Road, (2) steps that encroach approximately 16.0 feet into the right of way of Belleville Road, (3) a garage that encroaches approximately 2.4 feet into the right of way of Sherwood Avenue, and (4) a brick wall that encroaches a variable distance ranging from 1.0 feet to 3.7 feet into the right of way of Sherwood Avenue, as more particularly set forth in the City Manager's letter to this Council dated July 21, 2008. 2. It shall be agreed by the undersigned property owner that, in maintaining such encroachments, the property owner and his grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from any and all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachments. I I I I I I 417 3. The property owners, its grantees, assigns or successors in interest, shall, for the duration of this permit, maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than $300,000.00 of general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. The certificate of insurance shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 4. The City Clerk shall transmit an attested copy of this ordinance to the property owners at 1801 Belleville Road, Roanoke, Virginia 24015. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the property owner, has been admitted to record, at the cost of the property owner, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 3 above is on file in the Office of the City Clerk. 6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ':;;i) , . In. 1v1()~ Stephanie M. Moon, CMC L City Clerk David A. Bowers Mayor 418 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 4th day of August, 2008. No. 38170-080408. AN ORDINANCE authorizing the lease of 1394.42 square feet of space located within City-owned property known as the City Market Building, for a term of one year beginning August 1, 2008, and extending through July 31, 2009; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on August 4, 2008, pursuant to ~~ 1 5.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to he 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 C. Roger Lamm, III, for the lease of approximately 1394.42 square feet of space located within City-owned property known as the City Market Building, for the operation of a food service business, doing business as Tavern on the Market, for a term of one year, at a rental rate of $3692.65 per month, beginning August 1, 2008, and extending through July 31, 2009, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated August 4, 2008.. I 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~M':2: ~~ City Clerk ~~ David A. Bowers Mayor I I I I 419 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2008. No. 38171-080408. A RESOLUTION accepting the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, in the amount of $19,080.00 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires a $19,080.00 local match by the City, is more particularly described in the letter of the City Manager to Council, dated August 4, 2008. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, any grant agreement and all necessary documents required to obtain, accept, implement, administer, and use the grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: 6~n~'/1b~ City Clerk Q)~ David A. Bowers Mayor 420 IN THE COUNCIL OF 'THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2008. No. 38172-080408. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant, amending and reordaining certain sections of the 2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Other Equipment (Defibrillator) Revenues RSAF - Defibrillator - State FY09 RSAF - Defibrillator - Local FY09 35-520-3548-9010 $ 38,160.00 35-520-3548-3548 19,080.00 35-520-3548-3549 19,080.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~::;.c':JDwv City Clerk sv~~ David A. Bowers Mayor I I I I I I 421 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2008. No. 38173-080408. A RESOLUTION requesting that the Virginia Department of Rail and Public Transportation, and the Commonwealth Transportation Board accelerate funding for and implementation of the TransDominion Express passenger rail service between Roanoke and Washington, D.C., in the 2008 Statewide Rail Plan. WHEREAS, from the City of Roanoke's founding in the late 1800's through the 1970's, passenger rail has been an integral part of Roanoke's rail heritage and history; WHEREAS, Roanoke has been anxious to restore passenger rail service for many years; WHEREAS, Roanoke's Vision 2001-2020 comprehensive plan identifies the need to pursue passenger rail service, emphasizing regional transportation planning, compact urban development, discouraging sprawl and emphasizing multi-modal forms of transportation; WHEREAS, expansion of passenger rail service to Roanoke is necessary to offer an efficient transportation alternative to the population of the region; WHEREAS, the former N&W Railway passenger station in downtown Roanoke awaits the expansion of passenger service and is situated to provide interconnectivity to other modal choices; WHEREAS, passenger rail service is a proven engine of economic development and growth, causing property values to rise along with flourishing retai I activity; WHEREAS, the environmental benefits of people in trains rather than automobiles is proven, and passenger rail is another means through which Roanoke can broaden its efforts through Local Governments for Sustainability; WHEREAS, Virginia's long-range planning must recognize a rail system that includes both railroad freight and passenger rail; 422 WHEREAS, the Virginia Department of Rail and Public Transportation is presently hosting public meetings throughout Virginia for the public review and comment on the 2008 Statewide Rail Plan; WHEREAS, the TransDominion Express is a component of the draft Statewide Rail Plan that will expand passenger rail service to Roanoke; and WHEREAS, operating costs for intercity passenger rail service must be paid for by the state rather than the localities, just as the state funds the interstate highway program. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby endorses and requests that the Virginia Department of Rail and Public Transportation, and the Commonwealth Transportation Board accelerate funding for and implementation of the TransDominion Express passenger rail service between Roanoke and Washington, D.C., in the 2008 Statewide Rail Plan. 2. The City Clerk is directed to forward a copy of this resolution to the appropriate officials at the Virginia Department of Rail and Public Transportation and the Commonwealth Transportation Board. APPROVED ATTEST: 4~!~~'M~JaYv City Clerk gQ~ David A. Bowers Mayor I I I I 423 IN THE COUNCIL OF THE ClTX OF ROANOKE, VIRGINIA, \\ The 4th day of August, 2008. , " " No. 38174-080408. \ \. A RESOLUTION authorizing the donation to the American LaFrance Fire Museum in North Charleston, SC, of a 1941 American LaFrance Fire Truck ID#BG 169. -,"--...~ . WHEREAS, the American LaFrance Fire Museum in North Charleston, SC, ("Museum") has requested that the City donate to it the 1941 American LaFrance Fire Truck ID#BG 169, subject to the condition that the City of North Charleston transport the fire truck to the American LaFrance Fire Museum, and City Council desires to effect this donation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: I 1. The City hereby donates to the Museum whatever interest that it has in the 1941 American LaFrance Fire Truck ID#BG 169, subject to the condition that the City of North Charleston transport the fire truck to the American LaFrance Fire Museum. 2. The City Manager is authorized to execute an acknowledgment of such donation, in such form as may be approved by the City Attorney. APPROVED ATTEST: - /Y)'v.eY '~" ;" O~ Stephanie M. Moon, CMC . City Clerk 5J)QG1~ David A. Bowers Mayor I 424 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2008. No. 38175-080408. A RESOLUTION authorizing the City Manager to execute a right of entry agreement between Norfolk Southern Railway Company ("Norfolk Southern") and the City of Roanoke ("City") in connection with the Roanoke River Flood Reduction Project ("Project"), upon certain terms and conditions. WHEREAS, City and the U.S. Army Corp of Engineers are working together on bench cut and greenway trail designs needed in connection with the Project and need access to certain property owned by Norfolk Southern to perform subsurface environmental studies; WHEREAS, Norfolk Southern requires the City to execute a right of entry agreement before it will grant the City access to such property; WHEREAS, the City desires to execute the right of entry agreement. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager and the City Clerk are hereby authorized to execute and attest, respectively, the attached right of entry agreement with Norfolk Southern, to permit access by the City and the U.S. Army Corp of Engineers on certain property owned by Norfolk Southern, to perform required environmental studies in connection with the Roanoke River Flood Reduction Project, as further stated in the letter dated August 4, 2008, from the City Manager to this City Council. The right of entry agreement shall be in a form approved by the City Attorney. I I I I I I 425 2. Pursuant to the terms of the attached right of entry agreement, and to the extent permitted by law, the City shall indemnify and hold Norfolk Southern harmless against any and all claims arising against Norfolk Southern out of the City and the U.S. Army Corp of Engineers actions under the right of entry agreement. APPROVED ATTEST: ~ 1n.}J, otJYV Stephanie M. Moon, CM~ . C City Clerk ~~~ David A. Bowers Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2008. No. 38176-080408. A RESOLUTION authorizing the appropriate City officials to execute, upon certain terms and conditions, an Amendment No. 4 to the 2004-2005 Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") Agreement with the City of Roanoke Redevelopment and Housing Authority ("RRHA") for the "Park Street Square Project" ("Project"). WHEREAS, by Resolution No. 37085-060605, adopted June 6, 2005, the Council of the City of Roanoke, Virginia, ("Council") authorized appropriate City Officials to enter into the 2004-2005 CDBG and HOME Agreement with the RRHA for the Project; and WHEREAS, by Resolutions No.3 750 1-080706, No.3 7859-080607 and No. 38019-021908, Council authorized Amendments No.1, NO.2 and No.3 to the Agreement, respectively; 426 THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, an Amendment No.4 to the 2004-2005 CDBG and HOME Agreement with the RRHA, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated August 4, 2008. APPROVED ATTEST: . tn. ~ Stephanie M. Moon, CMC City Clerk aQ~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2008. No. 38177-080408. AN ORDINANCE amending subsection (g) of ~34-1 30, Rate Schedule, of Division IV, Fares, Article III, Public Vehicles (Taxicabs and For Hire Vehicles), of the Code of the City of Roanoke (1979), as amended, in order to adjust certain rates charged for services rendered by taxicabs and for-hire automobiles; providing for an effective date; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsection (g) of ~34-1 30, Rate Schedule, of Division IV, Fares, Article III, Public Vehicles (Taxicabs and For Hire Vehicles), of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: I I I I ~34-1 30. Rate schedule. * * * (1) Distance rates: a. For the first one eighth ( 1/8)one-seventh (1/7) mile or fraction thereof, twothree dollars and eightyfifteen cents ($-r:oo 3.15). b. For each additional one eighth ( 1/8)one- seventh (1/7) mile or fraction thereof, tv"Ventythirty cents ($0.-r830). * * * I (4) Effective May 1, 2006 September 1, 2008, if the City Manager determines that the average cost per gallon of regular unleaded self-service gasoline in the city as published by the American Automobile Association rises above five dollars ($5.00) per gallon for a consecutive thirty (30) day period, a surcharge of one dollar ($1.00) may be added to the current meter charge for each trip. Such surcharge shall be included on the rate card posted in each public vehicle. If the average cost per gallon of regular unleaded self-service gasoline in the city drops below five dollars ($5.00) the city manager may remove the surcharge of one dollar ($1.00) from the meter charges for each trip. Such surcharge may remain in effect until such time as the city manager notifies holders of permits for taxicab and for-hire service that the surcharge is to be removed, in which case no surcharge shall be charged or included on the rate card. after the first day of the following month. The city manager shall send such notice at such time as the city manager deternlines that the a'verage cost per gallon of regular unleaded self service gasoline in the city. as published by the American Automobile Association drops belo'w tilO dollars ($2.00) per gallon for a consecutive six month period. I 427 428 * * * I 2. This ordinance will be in full force and effect on and after September 1, 2008. 3. Pursuant to the provisions of ~ 12 of the Roanoke Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ATTEST: in ~\M) Stephanie M. Moon, CMC City Clerk gQ@?~- David A. Bowers Mayor I I I I I 429 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38178-081808. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Compensation Board Technology Trust Fund for Supreme Court of Virginia fees for optical imaging and retrieval project charges in the Office of Circuit Court Clerk, amending and reordaining certain sections of the 2008- 2009 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. ,.- f I BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2008-2009 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Expendable Equipment Revenues Clerk of Circuit Court 01-120-2111-2010 01-120-2111-2035 $ 67,573.00 5,213.00 01 - 11 0-1 234-061 6 72,786.00 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: :5)~QG7~. ~ 'rr;.hlbtn-J Stephanie M. Moon, CMC l City Clerk David A. Bowers Mayor 430 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38179-081808. AN ORDINANCE to reduce the appropriation of funding from the Virginia Department of Transportation for street paving, 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 Fees for Professional Services Revenues Revenue Sharing - Transportation 01-530-4120-2010 $ ( 250,000.00) 01-110-1234-0653 ( 250,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ h-;.l1lD~ Stephanie M. Moon, CMC l City Clerk @ David A. Bowers Mayor I I I I I I 431 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38180-081808. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation for street paving, amending and reordaining certain sections of the 2008-2009 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 2008-2009 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Revenues Revenue Sharing - Transportation 01-530-4120-2010 $250,000.00 01-110-1234-0653 250,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~rn.rn~ Stephanie M. Moon, CMC L City Clerk ~~Q~ David A. Bowers Mayor 432 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 18th day of August, 2008. No. 38181-081808. AN ORDINANCE to transfer funding from the Parking Fund Retained Earnings for inspection, engineering analysis, and repair needs at City owned garages, amending and reordaining certain sections of the 2008-2009 Parking Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2008-2009 Parking Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Fund Balance Retained Earnings - Available 07-3348 $(600,000.00) Appropriations Appropriated from General Revenue - Center in the Square Garage Repairs FY09 07-540-8263-9003 240,500.00 Appropriated from General Revenue - Elmwood Park Garage Repairs FY09 07-540-8264-9003 329,500.00 Appropriated from General Revenue - Gainsboro Garage Repairs FY09 07-540-8265-9003 30,000.00 I Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ 1n.1}70dYV Stephanie M. Moon, CMC City Clerk :5i:><~ David A. Bowers Mayor I I I I 433 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38182-081808. A RESOLUTION authorizing the acceptance of a grant in the amount of $346,147.00 from the Virginia Department of Social Services ("VDSS") and authorizing the City Manager to execute a grant agreement with VDSS for such funds for local supervision and operation of the Virginia Institute for Social Service Training Activities ("VISSTA") Piedmont Area Training .Center, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant from the Virginia Department of Social Services for local supervision and operation of the VISSTA Piedmont Area Training Center, in the amount of $346,147.00 for the 2008-2009 fiscal year, as set forth in the City Manager's letter dated August 18, 2008, to this Council is hereby ACCEPTED. 2. The City Manager, or her designee, is hereby authorized to execute a Memorandum of Agreement and any and all requisite documents pertaining to the City's acceptance of these grant funds, and to furnish such additional information as may be required in connection with the City's acceptance of these funds. All documents shall be approved as to form by the City Attorney. APPROVED ATTEST: Q~. :s;]) David A. Bowers Mayor -- in ~ hJdih-v Stephanie M. Moon, CMC City Clerk 434 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38183-081808. AN ORDINANCE to reduce funding from the Virginia Department of Social Services, for the Virginia Institute for Social Service Training Activities (VISSTA), amending and reordaining certain sections of the 2008-2009 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 2008-2009 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 Dental Insurance Life Insurance Disability Insurance Administrative Supplies Expendable Equipment Program Activities Provider Training Activities Postage Revenues VISSTA 01-630-5318-1002 01-630-5318-1105 01-630-5318-1116 01-630-5318-1120 01-630-5318-1126 01-630-5318-1130 01-630-5318-1131 01-630-5318-2030 01-630-5318-2035 01-630-5318-2066 01-630-5318-2085 01-630-5318-2160 01-110-1234-0671 $ ( 14,302.00) ( 2,272.00) ( 432.00) ( 1,126.00) ( 175.00) ( 127.00) ( 38.00) ( 2,980.00) 3,135.00 ( 100,983.00) ( 8,000.00) ( 1,700.00) ( 129,000.00) I I I I I I 435 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~rn,n;OtJn) Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38184-081808. AN RESOLUTION accepting the Criminal Justice Information Technology Improvement grant to the City from the Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Criminal Justice Information Technology Improvement grant offered by the Department of Criminal Justice Services in the amount of $30,913.00 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires a $10,305.00 cash match by the City, is more particularly described in the letter of the City Manager to Council, dated August 18, 2008. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. 436 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: ~ dn- r-ryh--J Stephanie M. Moon, CMC City Clerk ~Q@~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38185-081808. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Information Technology Improvement Grant, amending and reordaining certain sections of the 2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Expendable Equipment Publications and Subscriptions Furniture and Equipment Revenues Information Technology Improvement Grant FY09 Information Technology Improvement Grant Local Match FY09 35-640-3590-2010 35-640-3590-2035 35-640-3590-2040 35-640-3590-9005 $ 1,290.00 4,303.00 15,725.00 19,900.00 30,913.00 10,305.00 35-640-3590-3590 35-640-3590-3591 I I I I I I 437 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~(hff]b~ S) Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38186-081808. A RESOLUTION accepting the Crime Analysis grant to the City from the Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Crime Analysis grant offered by the Department of Criminal Justice Services in the amount of $12,653.00 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires a $4,218.00 cash match by the City, is more particularly described in the letter of the City Manager to Council, dated August 18, 2008. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. 438 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: ~ /17. n)l ()yv ~~ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38187-081808. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Crime Analysis Grant, amending and reordaining certain sections of the 2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Employee Wages FICA Revenues Crime Analysis Grant FY09 Crime Analysis Grant Local Match FY09 35-640-3450-1004 35-640- 3450-1120 $ 15,672.00 1,199.00 12,653.00 4,218.00 35-640-3450-3450 35-640-3450-3451 I I I I I I 439 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: h~1Y), rYJO~ Stephanie M. Moon, CMC City Clerk 9'Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38188-081808. A RESOLUTION accepting the State Homeland Security Program Grant to the City from the Virginia Department of Emergency Management (VDEM), and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the State Homeland Security Program Grant offered by the Virginia Department of Emergency (VDEM) in the amount of $65,462.00 upon all the terms, provisions and conditions relating to the receipt of such funds, as more particularly described in the letter of the City Manager to Council, dated August 18, 2008. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. 440 I 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's accept~nce of this grant.' APPROVED ATTEST: ~~ ir). frJD~ Stephanie M. Moon, CMC City Clerk Q David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38189-081808. I AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Emergency Management for the State Homeland Security Program Grant, amending and reordaining certain sections of the 2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment Other Equipment Revenues State Homeland Security Grant FY09 35-520-3529-3529 $27,652.00 37,810.00 65,462.00 35-520-3529-2035 35-520-3529-9015 I I I I 441 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~d?7'06Vn) Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38190-081808. A RESOLUTION authorizing a modification to the City's purchase order with Select Custom Apparatus, Inc. to increase the total number of ambulance vehicles from two to four, with an additional amount of $205,486.00 being added for a total amount for the four ambulance vehicles of $410,972.00. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Purchasing Division are hereby authorized, for and on behalf of the City, to take such actions and execute such documents as necessary to modify the City's purchase order with Select Custom Apparatus, Inc. to increase the total number of ambulance vehicles from two to four, with an additional amount of $205,486.00 being added for a total amount for the four ambulance vehicles of $410,972.00, all as more fully set forth in the City Manager's letter to this Council dated August 18, 2008. 442 I 2. The form of such modification shall be approved by the City Attorney. APPROVED ATTEST: ~ Th. tr;oo>v Stephanie M. Moon, CMC City Clerk J)~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38191-081808. AN ORDINANCE authorizing the City Manager to enter into an Agreement I between the City of Roanoke and the City of Roanoke School Board pertaining to the maintenance and inspection of the playgrounds of the public schools within the City of Roanoke; authorizing the addition of a Maintenance Technician II position; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, an Agreement with the City of Roanoke School Board, pertaining to the maintenance and inspection of all the playgrounds of the public schools within the City of Roanoke, such Agreement to be upon such terms and conditions as are more particularly described in the City Manager's letter dated August 18, 2008, to this Council. 2. A full-time Maintenance Technician II position shall be added to the City's Department of Parks and Recreation in order to help administer the City's obligations pursuant to the subject Agreement. I I I I 443 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.rr;d~ Stephanie M. Moon, CMC City Clerk . Sj)Q(Jt~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No.3 8192-081808. AN ORDINANCE to appropriate funding from the Roanoke City School Board, for the maintenance and inspection of school playgrounds, amending and reordaining certain sections of the 2008-2009 General and Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2008-2009 General and Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Regular Salaries Temporary Employee Wages City Retirement ICMA Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance ,1 01-620-4400-1002 01-620-4400-1004 01-620-4400-1105 01-620-4400-1116 01-620-4400-1120 01-620-4400-1125 01-620-4400-1126 01-620-4400-1130 01-620-4400-1131 $ 28,430.00 12,000.00 4,384.00 650.00 3,093.00 4,488.00 264.00 259.00 107.00 444 Fees for Professional Services Motor Fuels Construction and Development Supplies Revenues School Playground Services Capital Projects Fund Appropriations Appropriated from General Revenue Revenues School Playground Replacement 01-620-4400-2010 01-620-4400-2039 6,260.00 5,000.00 62,500.00 01-620-4400-3011 01-110-1234-1403 127,435.00 08-620-9725-9003 240,000.00 08-620-9725-9725 240,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~d 'ht - fr;blJn) Stephanie M. Moon, CMC City Clerk APPROVED SD~ Davi d A. Bowe rs Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No.3 8193-081808. AN ORDINANCE authorizing the City Manager's issuance and execution of Change Order No.2 to the City's contract with South End Construction, Inc., for a reduction in the scope of work and the contract amount for the renovation of the Civic Center Ticket Office and Ticket Annex; and dispensing with the second reading by title of this Ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: I I I I I I 445 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute Change Order No.2 to the City's contract with South End Construction, Inc., for a reduction in the scope of work and the contract amount for the renovation of the Civic Center Ticket Office and Ticket Annex, all as more fully set forth in the City Manager's letter to this Council dated August 18, 2008. 2. The form of such Change Order No.2 shall be approved by the City Attorney. 3. Such Change Order No.2 will provide authorization for a reduction in the scope of the work, with a decrease in the amount of the contract in the amount of $83,688.00, all as set forth in the above letter. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ m. '10{)n) Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38194-081808. A RESOLUTION authorizing the City Manager to enter into an interlocal contract with the Houston-Galveston Area Council (H-GAC) on behalf of the City of Roanoke to allow the City to purchase cooperatively procured items under H- GAC contracts, including the purchase of a replacement E-911 telephone system; and authorizing the City Manager to take such actions and execute such documents as may be necessary to implement, administer and enforce such contract. 446 WHEREAS, the current E-911 telephone system was purchased and installed in 1997 and is becoming unsupportable, and the E-911 center has researched. options to replace this system and determined that an Internet Protocol (IP) based system provides the most effective solution with potential to grow to support the next generation of E-911 as it evolves; I WHEREAS, E-911 and the City's Department of Technology personnel have determined that the least costly method to purchase such a system is through an interlocal contract with the H-GAC purchasing cooperative; and WHEREAS, the City Attorney's office and the Purchasing Division have reviewed the documents from H-GAC and find that they conform to the cooperative procurement requirements set forth in Virginia Public Procurement Act. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to enter into and execute an interlocal contract with the Houston-Galveston Area Council on behalf of the I City of Roanoke to allow the City to purchase cooperatively procured items under H-GAC contracts, including a replacement E-911 telephone system, as further described in the letter dated August 18, 2008, from the City Manager to this City Council, such contract to be in a form approved by the City Attorney. 2. The City Manager is further authorized to take such actions and execute such documents as may be necessary to implement, administer and enforce such contract, including direct agreements with the sellers of such goods and services as may be procured cooperatively under H-GAC contracts in accordance with the Virginia Public Procurement Act. APPROVED ATTEST: ~frJ- ~D~ Stephanie M. Moon, CMC City Clerk J<~~ Mayor I I I I 447 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38195-081808. A RESOLUTION accepting the Public Safety Answering Point Grant to the City from the Virginia Wireless Board, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Public Safety Answering Point Grant offered by the Virginia Wireless Board in the amount of $120,000.00 with a local match of $30,000.00, upon all the terms, provisions and conditions relating to the receipt of such funds as more particularly described in the letter of the City Manager to Council, dated August 18, 2008. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents in such form as approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: ~ tn. '!JO~ Stephanie M. Moon, CMC City Clerk SD~~ Mayor 448 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38196-081808. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Wireless Board Grant to the E-911 Upgrades project, amending and reordaining certain sections of the 2008-2009 Department of Technology Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2008-2009 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds Revenues E-911 Wireless Board State Grant 13-430-9870-9007 $ 120,000.00 13-430-9870-9870 120,000.00 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: ~rn.~~ Stephanie M. Moon, CMC City Clerk <q)~ David A. Bowers Mayor I I I I I I 449 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38197-081808. A RESOLUTION authorizing the appropriate City officials to execute, upon certain terms and conditions, a 2008-2009 Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") Agreement with Habitat for Humanity in the Roanoke Valley, Inc. ("Habitat") to undertake housing activities in the City's Hurt Park neighborhood. WHEREAS, by Resolution No. 38083-051208, the Council of the City of Roanoke, Virginia, ("Council") approved the 2008-2009 Annual Update to the Consolidated Plan for submission to the U.S. Department of Housing and Urban Development ("HUD"), including funding for the Subgrantee's 2008-2009 activities to be assisted with Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") funds; and WHEREAS, by Resolution No. 38135-061608 and by Budget Ordinance No. 38136-061608, Council accepted and appropriated the 2008-2009 CDBG and HOME funds; THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, a 2008-2009 CDBG and HOME Agreement with Habitat, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated August 18, 2008. 1 ATTEST: APPROVED ~!nm. Stephanie M. Moon, c~~ < l~ , City Clerk S])@~ Mayor 450 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 18th day of August, 2008. No. 38198-081808. A RESOLUTION approving the Blue Ridge Behavioral Healthcare FY 2009 Performance Contract. WHEREAS, Section 37.2-500 of the Code of Virginia (1950) as amended, requires every locality to establish a community service board to oversee the delivery of mental health, mental retardation and substance abuse services, and it is further required that the governing body of a. locality approve the community service board's performance contract; and WHEREAS, the City of Roanoke has established the Blue Ridge Behavioral Healthcare Board as its local community service board, pursuant to this statutory provision. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke I that the Blue Ridge Behavioral Healthcare 2009 Community Service Performance Contract, as more particularly set forth in the City Manager's letter dated August 18, 2008, to this Council, is hereby Approved. APPROVED ATTEST: ~Oh':1o~ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor I I I I 451 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38199-081808. AN ORDINANCE to appropriate funding from the Commonwealth government, amending and reordaining certain sections of the 2008-2009 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 2008-2009 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teacher Guidance Counselor Social Security Outreach/Advertising Revenues State Receipts 302-160-0000-1305-355C-61100-41121-9-07 302-160-0000-1305-355C-61100-41123-9-07 302-160-0000-1305-355C-61100-42201-9-07 302-160-0000-1305-355C-61100-43361-9-07 $10,951.00 1,500.00 952.00 3,500.00 16,903.00 302-000-0000-0000-35 5C-00000-3 2298-0-00 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: ~ In.lI)o~ Stephanie M. Moon, CMC City Clerk gg~~ Mayor 452 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 18th day of August, 2008. No. 38200-081808. 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, by repealing Ordinance No. 32431- 042495, to the extent that it placed certain conditions on Official Tax No. 6472001, and Ordinance No. 35539-082001, to the extent that it placed a certain condition on Official Tax No. 6472003, both properties located on Tuckawana Circle, N.W.; replacing such proffers with new proffers; rezoning a 1.05 acre portion of property bearing Official Tax No. 6472302, from ROS, Recreation and Open Space District, to 1-1, Light Industrial District, subject to the aforementioned proffers; and dispensing with the second reading of this ordinance by title. WHEREAS, Newbern Properties, LLC, represented by Ray Craighead, agent, has filed an application to the Council of the City of Roanoke to repeal I Ordinance No. 32431-042495, adopted on April 24, 1995, to the extent that it placed certain conditions on Official. Tax No. 6472001, and Ordinance No. 35539-082001, adopted on August 20, 2001, to the extent that it placed a certain condition on Official Tax No. 6472003, both properties located on Tuckawana Circle, N.W.; WHEREAS, the applicant seeks to replace such proffers with new proffers set forth in the Zoning Amended Application No.2 dated July 24, 2008; WHEREAS, the applicant also seeks to have a 1.05 acre portion of property bearing Official Tax No. 6472302, rezoned fro'm ROS, Recreation and Open Space District, to 1-1, Light Ind\Jstrial District, with proffers as set forth in the Zoning Amended Application No.2 dated July 24, 2008; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 9 36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a publiC hearing on the matter, has made its recommendation to City Council; I I I I 453 WHEREAS, a public hearing was held by City Council on such application at its meeting on August 18, 2008, after due and timely notice thereof as required by 9 36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, City Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the repeal of Ordinance No. 32431-042495, to the extent that it placed certain conditions on Official Tax No. 6472001, and Ordinance No. 35539-082001 to the extent that it placed a certain condition on Official Tax No. 6472003, both properties located on Tuckawana Circle, N.W., zoned 1-1, Light Industrial District; the rezoning of a 1.05 acre portion of property bearing Official Tax No. 6472302 from ROS, Recreation and Open Space District, to 1-1, Light Industrial District; and adoption of the proffers pertaining to the subject properties as set forth herein. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 32431-042495, adopted on April 24, 1995, to the extent that it placed certain conditions on Official Tax No. 6472001, and Ordinance No. 35539-082001, adopted on August 20, 2001, to the extent that it placed a certain condition on Official Tax No. 6472003, both properties located on Tuckawana Circle, N.W. are hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that a 1.05 acre portion of property bearing Official Tax No. 6472302, such portion being in the northern portion of Official Tax No. 6472302 as set forth in Exhibit A of the Zoning Amended Application No. 2 dated July 24, 2008, be, and is hereby rezoned from ROS, Recreation and Open Space District, to 1-1, Light Industrial District. 3. That proffers set forth in the Zoning Amended Application NO.2 dated July 24, 2008, are accepted and placed on the properties bearing Official Tax Nos. 6472001, 6472003 and the 1.05 acre portion of 6472302, and that 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, be amended to reflect such action. 454 4. Pursuant to the provisions of 9 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. I APPROVED ATTEST: ~ fo). ':l~ Stephanie M. Moon, CMC City Clerk W( . A David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38201-081808. AN ORDINANCE to amend 9 36.2-100, Code of the City of Roanoke I (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by repealing Ordinance No. 27832, adopted October 21, 1985, to the extent that it placed certain conditions on a portion (now Official Tax No. 1300517) of Official Tax No. 1300532; and rezoning certain property within the City, from R-12, Residential Single Family District, and CG, Commercial General District, with proffers, to CG, Commercial General District, with proffers; and dispensing with the second reading of this ordinance by title. WHEREAS, Samsam, LLC, represented by Ray Craighead, agent, has filed an application to the Council of the City of Roanoke to repeal certain conditions presently binding upon a tract of land described as Official Tax No.1 30051 7, which property was previously conditionally rezoned by the adoption of Ordinance No. 27832, adopted on October 21, 1985; WHEREAS, the applicant also seeks in such application to have a portion of the property bearing Official Tax No. 1300517, located at 2824 Franklin Road, S.W., and a portion of property bearing Official Tax No. 1300533, rezoned from R-12, Residential Single Family District, and CG, Commercial General District, with proffers, to CG, Commercial General District, with proffers as set forth in the Zoning Amended Application No.1 dated June 13, 2008; I I I I 455 WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 9 36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 18, 2008, after due and timely notice thereof as required by 9 36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, City Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public \hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the repeal of Ordinance No. 27832, adopted on October 21, 1985, to the extent that it placed certain conditions on a portion (now Official Tax No. 1300517) of Official Tax No. 1300532; the rezoning of a portion of the property bearing Official Tax NO.1 30051 7, located at 2824 Franklin Road, S.W.; and the rezoning of a portion of property bearing Official Tax No. 1300533, from R-12, Residential Single Family District, and CG, Commercial General District, with proffers, to CG, Commercial General District, with proffers as set forth in the Zoning Amended Application NO.1 dated June 13, 2008. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 27832, adopted on October 21, 1985, to the extent that it placed certain conditions on a portion (now Official Tax No. 1300517) of Official Tax No. 1300532, is hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. 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 property bearing Official Tax No. 1300517, with the exception of the 1,646 square foot southeastern corner of such lot, be rezoned from R-12, Residential Single Family District, and CG, Commercial General District, with proffers, to CG, Commercial General District, with proffers as set forth in the Zoning Amended Application No. 1 dated June 13, 2008. 456 I 3. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that the 6,411 square foot northern portion of Official Tax No. 1300533 be rezoned from R-12, Residential Single Family District, and CG, Commercial General District, with proffers, to CG, Commercial General District, with proffers as set forth in the Zoning Amended Application No.1 dated June 13, 2008. 4. Pursuant to the provisions of 9 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~IVW PJ. :::rrJ Stephanie M. Moon, CMC City Clerk spqS~:.::- Mayor I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38202-081808. AN ORDINANCE permanently vacating, discontinuing and closing 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, Lawson Building, LLC, filed an application to the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right- of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 9 30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; I I I I 457 WHEREAS, a public hearing was held on such application by City Council on August 18, 2008, after due and timely notice thereof as required by 9 30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke" Virginia, and more particularly described as follows: An undeveloped portion of Kirk Avenue, S.E., lying between parcels bearing Official Tax Nos. 4011141, 4011116, 4011136, 4011137,4011138,4011139 and 4011140 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed right- of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. 458 I BE IT FURTHER ORDAINED that the applicant shall submit, to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that 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 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 9 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~1h'fr?rmJ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor I I I I 459 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38203-081808. 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, Lawson BUilding, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the properties located on Campbell and Church Avenues, S.E., bearing Official Tax Nos. 4011116 and 4011136 through 4011141, inclusive, as well as the vacated portion of Kirk Avenue, S.E., lying between parcels bearing Official Tax Nos. 4011141, 4011116,4011136,4011137,4011138,4011139 and 4011140, rezoned from 1-1, Light Industrial District and MX, Mixed Use District, to D, Downtown District, subject to the condition that the Property will be developed in substantial conformity to the development plan entitled "Lawson Building LLC" dated June 5, 2008; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 9 36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City CounCil; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 18, 2008, after due and timely notice thereof as required by 9 36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. " 460 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 properties located on Campbell and Church Avenues, S.E., bearing Official Tax Nos. 4011116 and 4011136 through 4011141, inclusive, as well as the vacated portion of Kirk Avenue, S.E., lying between parcels bearing Official Tax Nos. 4011141, 4011116, 4011136, 4011137,4011138,4011139 and 4011140 are hereby rezoned from 1-1, Light Industrial District and MX, Mixed Use District, to D, Downtown District, subject to the condition that the Property will be developed in substantial conformity to the development plan entitled "Lawson Building LLC" dated June 5, 2008, as set forth in the Zoning Amended Application No.1 dated June 20, 2008. 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: ~ fh. lYJ1iJYJ Stephanie M. Moon, CMC City Clerk ~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38204-081808. AN ORDINANCE permanently vacating, discontinuing and closing 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, Lewis H. Moody, 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 certain public right-of- way described hereinafter; I I I I I I 461 WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on August 18, 2008, after due and timely notice thereof'as required by ~30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such portion of a certain public right-of- way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the certain public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A paper street lying between parcels bearing Official Tax Nos. 402242 and 4141901, on Sixth Street, S.E. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed right- of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede 462 I access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described. public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise 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 I applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. I I I I 463 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: ~ h). h--ytnJ ~Q~ David A. Bowers Mayor Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38205-081808. A RESOLUTION authorizing the issuance of Eight Million Two Hundred Ten Thousand Dollars ($8,210,000.00) principal amount of General Obligations of the City of Roanoke, Virginia, in the form of General Obligation Public Improvement Bonds of such City, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for such City; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds; authorizing the preparation of a Preliminary Official Statement and an Official Statement relating to such bonds and the distribution thereof and the execution of a certificate relating to such Official Statement; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing and providing for the issuance and sale of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance and sale of such bonds; delegating to the City Manager and the Director of Finance certain powers with respect to the sale and determination of the details of such bonds and notes; and otherwise providing with respect to the issuance, sale and delivery of such bonds and notes. 464 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 $8,210,000.00 principal amount of general obligations of the City, in the form of General Obligation Public Improvement Bonds of the City, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City and to authorize the issuance of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Bonds; NOW, THEREFORE, BE IT RESOLVED by the Council of the City Of Roanoke Virginia: SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, the same being the Public Finance Act of 1991 (the "Public Finance Act of 1991 "), for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City set forth in Section 7, the City is authorized to contract a debt and to issue $8,210,000.00 principal amount of general obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds"). (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 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 8 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 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. I I I I I I 465 (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 8 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $ 5 ,000.00) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. 466 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 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 interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ij) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of this Section 3(c) with regard to the authentication of such Bonds and of Section 9 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. I I I I I I 467 (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 the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4; provided, however, that so long as the Bonds are in book-entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. 468 I (f) All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book- entry form only, in the principal amount of $5,000 or any whole multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ij) Principal and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal 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 (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. I I I I 469 SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder or purchaser to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for or purchaser of the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6. The City covenants and agrees to comply with the provisions of Sections 103 and 141-1 50 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 7. The proceeds of the sale of the Bonds shall be applied to the payment of the cost of the following public improvement projects of and for the City in substantially the following respective amounts: Purpose Amount Public Schools Public Libraries Public Bridges Streetscape Projects Public Buildings $2,500,000.00 1,860,000.00 1,700,000.00 1,150,000.00 1.000.000.00 $8,210,000.00 470 If any project set forth above shall require less than the entire respective amount so set forth, the difference may be applied to any of the other projects so set forth. SECTION 8. (a) The Bonds shall be sold at negotiated or competitive sale on such date or dates and at such price or prices as shall be determined by the City Manager and the Director of Finance. In the event it is determined that the Bonds shall be sold at competitive sale, the Director of Finance is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The Bond Buyer, a financial journal published in the City of New York, New York, and to prepare or cause to be prepared and distributed a Preliminary Official Statement and a Detailed Notice of Sale relating to the Bonds. In preparing the Detailed Notice of Sale relating to the Bonds, the Director of Finance is hereby authorized to provide that bids for the purchase of the Bonds may be received by electronic bidding. The City Manager and the Director of Finance (i) are hereby authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of each series and the principal amount of the Bonds of each series maturing in each year and (ii), in the event it is determined that the Bonds shall be sold at competitive sale, are hereby further authorized to receive bids for the purchase of the Bonds of each series and, without further action of this Council, to accept the bid offering to purchase the Bonds of each series at the lowest true interest cost to the City; provided, however, in no event shall the true interest cost with respect to the Bonds of any series exceed 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%). I I I I I I 471 (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 Sc2-1 2 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 1 5c2-1 2"). The City Manager and the Director of Finance are hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially the form to be included in the Official Statement under the caption "Certificate Concerning Official Statement". (c) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 1 5c2-1 2 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 9. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be in substantially the forms set forth in Exhibit A attached hereto. 472 SECTION 10. General obligation public improvement bond anticipation notes (the "Notes") are authorized for issuance and sale by the City Manager and the Director of Finance in anticipation of the issuance of the general obligation bonds authorized for issuance herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on such other terms and conditions as shall be determined by the City Manager and the Director of Finance. The City Manager and the Director of Finance (i) are hereby authorized to determine the dated date of the Notes of each series, the dates the Notes of each series shall mature, the dates on which interest on the Notes shall be payable, the aggregate principal amount of the Notes of each series and the principal amount of the Notes of each series maturing in each year and (ii) are hereby further authorized to receive bids for the purchase of the Notes of each series if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at negotiated sale and, without further action of this Council, to accept the bid or proposal offering to purchase the Notes of each series at the lowest true interest cost to the City; provided, however, in no event shall the true interest cost with respect to the Notes of any series exceed six percent (6.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Notes of each maturity of each series as specified in the bid or proposal accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Notes hereof upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00%). If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared, published and distributed in accordance with the requirements of Section 8. If such Notes are publicly offered, there may also be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall 'be approved by the Director of Finance. The issuance and details of such Notes shall be governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or from any other available funds. Bonds in anticipation of which such Notes are issued pursuant to this Section 10 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. I I I I I I 473 SECTION 11. The Council hereby authorizes the City to make expenditures for the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The adoption of this Resolution shall be considered an "official intent" within the meaning of Treasury Regulation'Section 1.150-2 promulgated under the Internal Revenue Code of 1986. SECTION 12. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. SECTION 13. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES _____ REG ISTERED No. R-__ REG ISTERED $------ MA TU RITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS 474 KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on _________________ and semiannually on each ____________ and ____________ thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the ~calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (1 5th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of this Bond is payable on presentation and surrender hereof, at the office of __________________________, as the Registrar and Paying Agent, in the City of ____________, ----------. Principal of 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. I I I I I I 475 This Bond is one of an issue of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, which is issued for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City, under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the issue of which this Bond is one (or portions thereof in installments of $ 5 ;000.00) maturing on and after _______ 1, 20__ are subject to redemption at the option of the City prior to their stated maturities, on or after ________ 1, 20__, 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 r~demption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds to be redeemed, together with the interest accrued thereon to the date fixed for the redemption thereof. If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $ 5 ,000.00) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest 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. 476 I Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, issue, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. 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 I punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature I of its City Clerk; and this Bond to be dated the date first above written. I I I 477 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. L----------------------------J, as Reg i strar By: ________________________________________ Authorized Signatory Date of Authentication:______________________ ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) 478 PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, hereby irrevocably constituting and ap po Inti ng __________________________________________________, 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: ~ fh. ~b&w Stephanie M. Moon, CMC City Clerk ~ David A. Bowers Mayor I I I I I I 479 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38206-081808. AN ORDINANCE to appropriate funding to be provided by the Series 2009 Bonds to the Fire/EMS Facilities, Public Libraries, Streetscape and Bridge Renovation projects, amending and reordaining certain sections of the 2008- 2009 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 2008-2009 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from 2009 Bond Funds 08-530-961 5-9301 $ 489,000.00 Appropriated from 2009 Bond Funds 08-530-9616-9301 456,000.00 Appropriated from 2009 Bond Funds 08-530-9617-9301 254,000.00 Appropriated from 2009 Bond Funds 08-530-9618-9301 501,000.00 Appropriated from 2009 Bond Funds 08-530-9680-9301 1,000,000.00 Appropriated from 2009 Bond Funds 08-530-9828-9301 102,000.00 Appropriated from 2009 Bond Funds 08-530-9838-9301 500,000.00 Appropriated from 2009 Bond Funds 08-530-9849-9301 650,000.00 Appropriated from 2009 Bond Funds 08-650-9729-9301 124,000.00 Appropriated from 2009 Bond Funds 08-650-9730-9301 1,000,000.00 Appropriated from 2009 Bond Funds 08-650-9731-9301 69,000.00 Appropriated from 2009 Bond Funds 08-650-9747-9301 565,000.00 Fire/EMS Station #5 - Melrose 08-530-9727-9305 (1,000,000.00) 480 Bandy Avenue/Garnard Branch Bridge Renovation 08-530-9727-9306 ( 489,000.00) Berley Road/Glade Creek Bridge Renovation 08-530-9727-9307 ( 456,000.00) Crestmoor Road/Barnhart Branch Bridge Renovation 08-530-9727-9308 ( 254,000.00) Rose Avenue/Garnand Branch Bridge Renovation 08-530-9727-9309 ( 501,000.00) Full Service Branch Library 08-650-9724-9310 (1,000,000.00) Renovated Branch Opening Day Collection 08-650-9724-9311 565,000.00 ) Renovation/Expansion Branch - Gainsboro 08-650-9724-9312 124,000.00 ) Renovation/Expansion Branch - Jackson 08-650-9724-9313 ( 102,000.00 ) New Storefront Branch 08-650-9724-9314 ( 69,000.00 ) Riverside Centre Streetscape 08-530-9727-9315 ( 500,000.00 ) Downtown and Village 08-530-9727-9316 Streets cape ( 650,000.00) 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: ~~n;.l}7b&yV Stephanie M. Moon, CMC City Clerk SffQ~ David A. Bowers Mayor I I I I I I 481 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2008. No. 38207-081808. AN ORDINANCE authorizing the placement of a deed of reservation on City owned property designated as Tax Map Number 1040202 to accommodate a twenty-five foot wide public storm water drainage easement to convey storm water that will result from the development of the Cambria Suites Hotel and other properties along Reserve Avenue, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on August 18, 2008, pursuant to 99 15.2-1800 (B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on this proposed vacation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents to place a deed of reservation on City owned property designated as Tax Map Number 1040202 to accommodate a twenty-five foot wide public storm water drainage easement to convey storm water that will result from the development of the Cambria Suites Hotel and other properties along Reserve Avenue, upon the terms and conditions set forth in the City Manager's letter to Council dated August 18, 2008. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ 1>7.0Jd)v Stephanie M. Moon, CMC City Clerk =z:>~~ David A. Bowers Mayor 482 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 2nd day of September, 2008. No. 38208-090208. A RESOLUTION accepting the Victim/Witness Program grant to the City from the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Victim/Witness Program grant offered by the Virginia Department of Criminal Justice Services in the amount of $105,908.00, with a local match of $29,386.00, upon all the terms, provisions and conditions relating to the receipt of such funds. The grant is more particularly described in the letter of the City Manager to Council, dated September 2, 2008. 2. The City Manager and the City Clerk are hereby authorized to I execute, seal, and attest, respectively, any grant agreement and all necessary documents required to obtain, accept, implement, ~dminister, and use the grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: ~ frJ. fr;OOnJ Stephanie M. Moon, CMC City Clerk wQ~~ David A. Bowers Mayor I 483 I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 2008. No. 38209-090208. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness Program Grant, amending and reordaining certain sections of the 2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35-150-5124-1002 $ 93,905.00 I City Retirement 35-150-5124-1105 8,857.00 ICMA Retirement 35-150-5124-1115 3,388.00 ICMA Match 35-150-5124-1116 1,825.00 FICA 35-1 50-5124-1120 7,582.00 Medical Insurance 35-1 50-5124-1125 13,026.00 Dental Insurance 35-1 50-5124-1126 762.00 Life Insurance 35-150-5124-1130 835.00 Disability Insurance 35-150-5124-1131 239.00 Telephone 35-1 50-5124-2020 1,100.00 Administrative Supplies 35-1 50-5124-2030 932.00 Training and Development 35-150-5124-2044 323.00 Postage 35-150-5124-2160 2,520.00 Revenues Victim Witness FY09 - State 35-150-5124-5124 105,908.00 Victim Witness FY09 - Local Match 35-150-5124-5125 29,386.00 I 484 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: ~ 10 -IY;JirrJ Stephanie M. Moon, CMC ' City Clerk ~QGS:?~ David A. Bowers. Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 2008. No. 38210-090208. AN ORDINANCE to appropriate funding from the Sprint/Nextel Agreement for the Public Safety Radios project, amending and reordaining certain sections I of the 2008-2009 Department of Technology Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2008-2009 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Revenues DOT Radio Technology - Sprint/Nextel Schools - Radio Support 13-430-9925-9003 $162,676.00 13-430-9925-1097 1 55,682.00 13-110-1234-1067 6,994.00 I I I I 485 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: '0 )?;. lY)O~ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 2008. No. 38211-090208. A RESOLUTION adopting greenhouse gas reduction targets. WHEREAS, leading climate scientists agree that climate disruption is a reality and that human activities are largely responsible for increasing concentrations of gases which warm the atmosphere; WHEREAS, recent well-documented impacts of climate disruption include increasing global sea levels, a significant decrease in Arctic sea ite thickness and major changes to weather patterns around the world; WHEREAS, climate disruption of the magnitude now predicted by the scientific community is likely to have costly impacts on human and natural systems throughout the world including increased risk of floods or droughts, sea level rises that interact with coastal storms that erode beaches, inundate land and damage structures, and a reduction in water supplies stored in glaciers and snow cover; WHEREAS, on September 18, 2006, City Council passed a resolution to participate in the Cities for Climate Protection Campaign sponsored by ICLEI- Local Governments for Sustainability, and participation in this Campaign requires implementation of the Five Milestones Model to reduce greenhouse gas and air pollution emissions throughout the community; 486' WHEREAS the City of Roanoke reduced greenhouse gas emissions from I municipal operations by 1.5 per, cent between 2005 and 2007 by initiating a number of projects, which include, but are not limited to: replacement of inefficient heating and air conditioning systems, use of B20 biodiesel and EIO ethanol in the City fleet, replacement of more than 700 incandescent lights with compact fluorescent lights or T-8 fluorescent lights, and installing LED traffic lights at more than sixty intersections; WHEREAS, the City of Roanoke was recognized for completion of the first milestone at the ICLEI-USA conference in Albuquerque, New Mexico; and WHEREAS, measures to reduce greenhouse gas emissions in the community and within the municipal operations have the potential to also reduce costs through energy savings and to increase the quality of life through improved air quality. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council hereby establishes a goal, as required by Milestone 2, to reduce greenhouse gas emissions from municipal operations by a total of 12.5 per cent over a five-year period and reduce community-wide greenhouse gas I emissions by 10 per cent over the same five-year period, beginning January 1, 2009, and ending December 31, 2014. 2. City staff, working with a Climate Action Committee, designated by the City Manager, will be responsible for producing a Climate Action Plan and implementing the programs and projects described in the Action Plan to the greatest extent practicable and achievable within available funding and resources. APPROVED ATTEST: ~Jr;. Pr;OIJyv Stephanie M. Moon, CMC City Clerk yQ&~ David A. Bowers Mayor I I I I 487 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 2008. No. 38212-090208. A RESOLUTION authorizing the appropriate City officials to execute, upon certain terms and conditions, a 2008-2009 Community Development ~Iock Grant and HOME Investment Partnerships Program Agreement with Total Action Against Poverty in the Roanoke Valley, Inc. ("TAP"), to undertake housing activities in the City's Hurt Park neighborhood. WHEREAS, by Resolution No. 38083-051208, the Council of the City of Roanoke, Virginia ("Council"), approved the 2008-2009 Annual Update to the Consolidated Plan for submission to the U.S. Department of Housing and Urban Development, including funding for the Subgrantee's 2008-2009 activities to be assisted with Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") funds; and WHEREAS, by Resolution No. 38135-061608 and by Budget Ordinance No. 38136-061608, Council accepted and appropriated the 2008-2009 CDBG and HOME funds; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, a 2008-2009 CDBG and HOME Agreement with TAP, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated September 2, 2008. APPROVED ATTEST: ~h7'0oOyu Stephanie M. Moon, CMC City Clerk <;;:;-Cl[Il~, Davi d A. Bowe rs Mayor I I I 491 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38215-091508. A RESOLUTION memorializing the late Leigh Buckner Hanes, Jr., former member of Roanoke City Council from 1953 to 1956, and Vice Mayor from 1954 to 1956. WHEREAS, the members of Council learned with sorrow of the passing of Leigh Buckner Hanes, Jr. on Friday, August 15, 2008; WHEREAS, Mr. Hanes was a Roanoke native and a graduate of Jefferson High School, later attending Hampden Sydney College and the University of Maryland Law School; WHEREAS, Mr. Hanes served during World War II as a special agent with the FBI, and also with the United States Army Counter Intelligence Corps; WHEREAS, Mr. Hanes returned to Roanoke in 1951 after serving his country, and joined his father's law firm of Hanes and Hanes; WHEREAS, at a time when Democrats dominated the Commonwealth's political scene, Mr. Hanes entered local politics as a Republican and earned the support of future governor Linwood Holton in his run for City Council; WHEREAS, after his time on Council Mr. Hanes joined the U.S. Attorney's ,Office, served as a U.S. District Court clerk for nearly a decade, and in 1969 was named U.S. Attorney for the Western District of Virginia until his retirement from that post in 1975; WHEREAS, Mr. Hanes went on to serve as Commonwealth's Attorney for Botetourt County from 1976-79, town attorney for Troutville during the 1980s, and as interim clerk for Botetourt County Circuit Court in 1991; WHEREAS, Mr. Hanes was a member of a number of fraternal organizations, such as Rotary, Omicron Delta Kappa, and Chi Beta Phi; 492 WHEREAS, Mr. Hanes was a co-founder and former chairman of the Roanoke I Valley Conflict Resolution Center, and numerous other organizations benefited from his dedicated involvement, including the Botetourt Historical Society, Foundation for Roanoke Valley, LOA, and Roanoke Regional Partnership; and WHEREAS, Mr. Hanes is remembered by the legal community for his solid presence in the courtroom, and by family and friends for being an inveterate storyteller, tinkerer, and lover of the land. 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 Leigh Buckner Hanes, Jr., and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Hanes's widow, Frances Hilton Hanes, of Roanoke, Virginia. APPROVED ATTEST: ~m.~ Stephanie M. Moon, CMC City Clerk ~' c:cr;;~ David A. Bowers Mayor I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38216-091508. A RESOLUTION paying tribute to Dr. Billy K. Cannaday, Jr., a native of Roanoke, for his exemplary public service. WHEREAS, Dr. Cannaday is a native of Roanoke, and graduated from William Fleming High School; WHEREAS, Dr. Cannaday earned both his bachelor's and doctoral degrees from Virginia Polytechnic Institute and State University; I I I I 493 WHEREAS, Dr. Cannaday was principal of Huntington Middle School in Newport News when the school was awarded a Blue Ribbon for Excellence in 1984; WHEREAS, Dr. Cannaday went on to serve as superintendent of Hampton Public Schools, the third-largest urban school division in the state; WHEREAS, in his role as superintendent of Chesterfield County Public Schools from 2000 to 2006 Dr. Cannaday led the system from less than 50 percent of its schools being fully accredited to 100 percent accreditation; WHEREAS, during this same period, Dr. Cannaday personally contacted every high school senior at risk of not graduating to help them work out a plan to succeed; WHEREAS, Dr. Cannaday has served as Virginia's State Superintendent of Public Instruction since his appointment by Governor Timothy M. Kaine in 2006, and is the first African-American to serve in this position; WHEREAS, Dr. Cannaday will leave the Department of Education to become Dean of the School of Continuing and Professional Studies at the University of Virginia in October 2008; WHEREAS,-Dr. Cannaday has garnered numerous awards for his work in education, including 2005 Virginia Superintendent of the Year, 2005 Region 1 Superintendent of the Year, 2000 Region 2 Superintendent of the Year, and 2000 William & Mary Professional Educator of the Year; and WHEREAS, throughout his career Dr. Cannaday has been both a model of and an ambassador for his core belief: "Aim high and don't let the doubts of others cloud your vision." THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . This Council adopts this means of recognizing and commending the many services rendered to the Commonwealth of Virginia and its people by Dr. Billy K. Cannaday, Jr. 494 2. The City Clerk is directed to forward an attested copy of this resolution to Dr. Billy K. Cannaday, Jr. I APPROVED ATTEST: - h-).~~ Stephanie M. Moon, CMC City Clerk :9'-~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38217-091508. A RESOLUTION accepting the Department of Motor Vehicles Traffic Safety I Grant to the City from the Commonwealth of Virginia's Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The City of Roanoke does hereby accept from the Commonwealth of Virginia, Department of Motor Vehicles, the Department of Motor Vehicles Traffic Safety Grant in the amount of $39,731.00. The grant, which requires a $7,946.00 in- kind match by the City, is more particularly described in the letter of the City. Manager to Council, dated September 15, 2008. 2. The City Manager and the City Clerk are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept this grant; all such documents to be approved as to form by the City Attorney. I I I I 495 3. The City Manager is further directed to furnish such additional information as may be required by the Commonwealth of Virginia, Department of Motor Vehicles, in connection with the City's acceptance of this grant. APPROVED ATTEST: ~ hi. ~oo-vv Stephanie M. Moon, CMC City Clerk ~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38218-091508. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a multi-purpose highway safety grant (Driving Under the Influence, Aggressive Driver, and Motor Vehicle Occupant Protection), amending and reordaining certain sections of the 2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages FICA Expendable Equipment Training and Development Revenues DMV Multi-purpose Grant FY09 35-640-3442-1 003 35-640-3442-1120 35-640-3442-2035 35-640-3442-2044 $33,840.00 2,256.00 3,135.00 500.00 35-640-3442-3442 39,731.00 496 Pursuant to the provisions of Section 12 of the City Charter, the second reading I of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~m.~~ Stephanie M. Moon, CMC City Clerk S!)~v~=-- Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38219-091508. A RESOLUTION authorizing the acceptance of a Certified Local Government I Grant from the Virginia Department of Historic Resources and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1 . The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Historic Resources a Certified Local Government Grant in the amount of $17,500.00, with the City providing an additional $17,500.00 in local matching funds, such funding to be used to perform an architectural survey of the Wasena neighborhood and prepare a Preliminary Information Form for the proposed Wasena National Register Historic District, all of which is more particularly described in the City Manager's letter dated September 15, 2008, to City Council. I / I I I 497 2. The City Manager is hereby authorized to execute, on behalf of the City the Certified Local Government Grant Agreement attached to the City Manager's letter dated September 15, 2008, to City Council, and any other documents required by the Department of Historic Resources pertaining to the Certified Local Government Grant, approved as to form by the City Attorney, required in connection with the acceptance of such grant, and to furnish such additional information as may be required by the Virginia Department of Historic Resources in connection with the grant. APPROVED ATTEST: ~rn. ~<rN Stephanie M. Moon, CMC City Clerk Q~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38220-091508. AN ORDINANCE to appropriate funding from the Grant Fund to serve as a local match for a Commonwealth of Virginia Department of Historic Resources Certified Local Government Grant, amending and reordaining certain sections of the 2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Revenues Certified Local Government Grant FY09-Local 35-610-8122-2010 $17,500.00 35-610-8122-8122 17,500.00 498 Pursuant to the provisions of Section 12 of the City Charter, the second reading I of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~-<-L> P7. "tth-J Stephanie M. Moon, CMC City Clerk 9Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38221-091508. A RESOLUTION authorizing the City Manager to execute the requisite documents necessary for the City of Roanoke, as fiscal agent for Area 3 of the Western Virginia Workforce Development Board, to accept Workforce Investment Act funding in the amount of $455,523.00, from the Virginia Employment Commission for I Program Year 2008. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Western Virginia Workforce Development Board Workforce Investment Act funding in the amount of $455,523,00, to be used in accordance with the purposes as further set forth in the City Manager's letter dated September 15, 2008, is hereby ACCEPTED. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite documents necessary to accept such funding, upon form approved by the City Attorney. APPROVED ATTEST: ~'n1. Stephanie M. Moon, ~ City Clerk <9-Q~ David A. Bowers Mayor I I I I 499 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38222-091508. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the FY09 Workforce Investment Act Grant, amending and reordaining certain sections of the 2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Administrative - Regular Employee Wages Administrative - Temporary Employee Wages Administrative - City Retirement Administrative - ICMA Match Administrative - FICA Administrative - Medical Insurance Administrative - Dental Insurance Administrative - Life Insurance Administrative - Disability Insurance Administrative - Fees for Professional Services Administrative - Dues and Memberships Administrative - Training and Development Administrative - Local Mileage Administrative - Food Administrative - Business Meals and Travel Administrative - Equipment Rental Administrative - Other Rental Administrative - Marketing Administrative - Supplies Administrative - Insurance Administrative - Contract Services 35-633-2350-1 002 $ 15,000.00 35-633-2350-1004 35-633-2350-1105 . 35-633-2350-1116 35-633-2350-1120 35-633-2350-1125 35-633-2350-1126 35-633-2350-1130 35-633-2350-1131 . 12,000.00 2,400.00 146.00 2,065.00 965.00 57.00 147.00 37.00 35-633-2350-2010 35-633-2350-2042 500.00 635.00 35-633-2350-2044 35-633-2350-2046 35-633-2350-2060 237.00 300.00 420.00 35-633-2350-2144 35-633-2350-3070 35-633-2350-3075 35-633-2350-8053 35-633-2350-8055 35-633-2350-8056 35-633-2350-8057 1,500.00 478.00 175.00 200.00 344.00 910.00 4,760.00 500 Administrative - Leases 35-633-2350-8058 1,203.00 I Administrative - Equipment 35-633-2350-8059 500.00 Administrative - Miscellaneous 35-633-2350-8060 50.00 Administrative - Telephone 35-633-2350-8090 496.00 Adult - Regular Employee Wages 35-633-2351-1 002 1,673.00 Adult - Temporary Employee Wages 35-633-2351-1004 576.00 Adult - City Retirement 35-633.-2351-1105 268.00 Adult - ICMA Match 35-633-2351-1116 15.00 Adult - FICA 35-633-2351-1120 172.00 Adult - Medical Insurance 35-633-2351-1125 107.00 Adult - Dental Insurance 35-633-2351-1126 6.00 Adult - Life Insurance 35-633-2351-1130 16.00 Adult - Disability Insurance 35-633-2351-1131 4.00 Adult - Training and Development 35-633-2351-2044 47.00 Adult - Local Mileage 35-633-2351-2046 20.00 Adult - Food 35-633-2351-2060 17.00 Adult - Business Meals and Travel 35-633-2351-2144 90.00 Adult - Equipment Rental 35-633-2351-3070 47.00 Adult - Other Rental 35-633-2351-3075 29.00 Adult - Marketing 35-633-2351-8053 68.00 I Adult - Supplies 35-633-2351-8055 38.00 Adult - Contract Services 35-633-2351-8057 40,905.00 Adult - Leases 35-633-2351-8058 133.00 Adult - Telephone 35-633-2351-8090 55.00 Dislocated Worker - Regular Employee Wages 35-633-2352-1002 3,150.00 Dislocated Worker - Temporary Employee Wages 35-633-2352-1 004 1,590.00 Dislocated Worker - City Retirement 35-633-2352-1105 505.00 Dislocated Worker - ICMA Match 35-633-2352-1116 28.00 Dislocated Worker - FICA 35-633-2352-1120 122.00 Dislocated Worker - Medical Insurance 35-633-2352-1125 201.00 Dislocated Worker - Dental Insurance 35-633-2352-1126 12.00 Dislocated Worker - Life Insurance 35-633-2352-1130 31.00 Dislocated Worker - Disability Insurance 35-633-2352-1131 8.00 Dislocated Worker - Training and Development 35-633-2352-2044 77.00 Dislocated Worker - Local Mileage 35-633-2352-2046 20.00 Dislocated Worker - Food 35-633-2352-2060 35.00 Dislocated Worker - Business Meals and Travel 35-633-2352-2144 190.00 I Dislocated Worker - Equipment Rental 35-633-2352-3070 89.00 501 I Dislocated Worker - Other Rental 35-633-2352-3075 77.00 Dislocated Worker - Marketing 35-633-2352-8053 224.00 Dislocated Worker - Supplies 35-633-2352-8055 72.00 Dislocated Worker - Contract Services 35-633-2352-8057 89,992.00 Dislocated Worker - Leases 35-633-2352-8058 251.00 Dislocated Worker - Telephone 35-633-2352-8090 103.00 Youth in School- Regular Employee Wages 35-633-2353-1002 13,358.00 Youth in School- Temporary Employee Wages 35-633-2353-1 004 3,286.00 Youth in School- City Retirement 35-633-2353-1105 2,137.00 Youth in School- ICMA Match 35-633-2353-1116 113.00 Youth in School- FICA 35-633-2353-1120 1,273.00 Youth in School- Medical Insurance 35-633-2353-1125 853.00 Youth in School- Dental Insurance 35-633-2353-1126 50.00 Youth in School- Life Insurance 35-633-2353-1130 130.00 Youth in School- Disability Insurance 35-633-2353-1131 330.00 Youth in School - Training & Development 35-633-2353-2044 250.00 I Youth in School- Local Mileage 35-633-2353-2046 170.00 Youth in School- Food 35-633-2353-2060 80.00 Youth in School - Business Meals and Travel 35-633-2353-2144 480.00 Youth in School - Equipment Rental 35-633-2353-3070 378.00 Youth in School- Other Rental 35-633-2353-3075 230.00 Youth in School - Marketing 35-633-2353-8053 400.00 Youth in School- Supplies 35-633-2353-8055 304.00 Youth in School - Contractual Services 35-633-2353-8057 163,040.00 Youth in School - Leases 35-633-2353-8058 1,063.00 Youth in School - Telephone 35-633-2353-8090 438.00 Youth out of School - Regular Employee Wages 35-633-2354-1 002 5,624.00 Youth out of School- Temporary Employee Wages 35-633-2354-1 004 1,622.00 Youth out of School- City Retirement 35-633-2354-1105 900.00 Youth out of School-ICMA Match 35-633-2354-1116 47.00 \ Youth out of School- FICA 35-633-2354-1120 554.00 Youth out of School- Medical Insurance 35-633-2354-1125 359.00 Youth out of School- Dental Insurance 35-633-2354-1126 21.00 I Youth out of School - Life Insurance 35-633-2354-1130 55.00 Youth out of School- Disability Insurance 35-633-2354-1131 14.00 502 Youth out of School - Training & Development Youth out of School - Local Mileage Youth out of School- Food Youth out of School - Business Meals and Travel Youth out of School- Equipment Rental Youth out of School - Other Rental Youth out of School- Marketing Youth out of School - Supplies Youth out of School - Contractual Services Youth out of School - Leases Youth out of School- Telephone Revenues Workforce Investment Act Grant FY09 35-633-2354-2044 35-633-2354-2046 35-633-2354-2060 225.00 50.00 55.00 I 35-633-2354-2144 35-633-2354-3070 35-633-2354-3075 35-633-2354-8053 35-633-2354-8055 300.00 159.00 125.00 135.00 128.00 35-633-2354-8057 35-633-2354-8058 35-633-2354-8090 69,593.00 448.00 185.00 35-633-2350-2350 455,253.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED I ATTEST: A~ fYI. ~<MJ Stephanie M. Moon, CMC City Clerk 9~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38223-091508. A RESOLUTION authorizing the acceptance of an Employee Advancement for Temporary Assistance to Needy Families (TANF) Participants grant from the Virginia Department of Social Services (VDSS) for the purpose of maintaining and improving existing services to eligible TANF recipients; authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution of such funds to the provider agencies I for services provided to the local DSS agencies; and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. I I I 503 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant award under the Employee Advancement for T ANF Participants grant from the Virginia Department of Social Services, for the purpose of maintaining and improving existing services to eligible T ANF recipients for certain provider agencies which will enable them to obtain employment or, where appropriate, an alternate disability income, in the amount of $399,000.00, for a period commencing October 1, 2008, through September 30, 2009, as set forth in the City Manager's letter to counsel dated September 15,2008, is hereby ACCEPTED. 2. The City of Roanoke shall be authorized to be the primary fiscal agent for this grant and shall be responsible for distributing the grant proceeds to the provider agencies for services provided to the local DSS agencies. 3. The City Manager is hereby authorized to execute any and all requisite documents, pertaining to the City's acceptance of these funds and to furnish such additional information as may be required connection with the City's acceptance of these grant funds. All documents shall be approved as to form by the City Attorney. APPROVED ATTEST: ~ hl./Y)/JdYO Stephanie M. Moon, CMC City Clerk 0Q({JS~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38224-091508. 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 2008-2009 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAI NED by the Council of the City of Roanoke that the following sections of the 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 504 Appropriations Fees for Professional Services Revenues SWV A Regional Employment Coalition FY09 35-630-8860-2010 $399,000.00 I 35-630-8860-8860 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: ~~h).~~ Stephanie M. Moon, CMC City Clerk SD~~' David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38225-091508. I A RESOLUTION authorizing the acceptance of a U.S. Environmental Protection Agency (EPA) Brownfield Assessment Grant (hazardous substances) to fund environmental investigations of brownfield properties within the City of Roanoke that are suspected of being contaminated by hazardous substances; and authorizing the City Manager to execute any required grant agreements, to execute any necessary additional documents, to provide additional information, and to take any necessary actions to receive, implement, and administer such Assessment Grant, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the EPA Brownfield Assessment Grant (hazardous substances) from the EPA in the amount of $200,000.00 to provide funds for environmental investigations of brownfield properties within the City of Roanoke that are suspected of being contaminated by hazardous substances, all as more particularly set forth in the letter dated September 15, 2008, from the City Manager to this Council. I I I I 505 2. The City Manager is hereby authorized t.o execute a cooperative agreement betweer the City and the EPA in substantially the same form as that attached to the City Manager's letter mentioned above, which is to be approved as to form by the City Attorney. 3. The City Manager is further authorized to execute any necessary additional documents, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer such Assessment Grant, including establishing guidelines for the use of such Grant funds. APPROVED ATTEST: ~~ hi, ~OYJ Stephanie M. Moon, CMC . City Clerk S)Q~~- - David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38226-091508. AN ORDINANCE to appropriate funding from the Federal Government for the Environmental Protection Agency Brownfield Assessment Hazardous Substance Grant, amending and reordaining certain sections of the 2008-2009' 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 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: ' Appropriations Professional Services Travel and Training Program Supplies Revenues Brownfield Assessment-Hazardous Substance 35-615-8104-2010 35-615-8104-2044 35-615-8104-2066 $192,000.00 5,000.00 3,000.00 35-615-81 04-81 04 200,000.00 506 Pursuant to the provisions of Section 12 of the City Charter, the second reading I of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~<<.J m. "lDIrN Stephanie M. Moon, CMC City Clerk :J)'-()(P[? ~ ~~Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38227-091508. A RESOLUTION authorizing the acceptance of a U.S. Environmental I Protection Agency (EPA) Brownfield Hazardous Substance Cleanup Grant to provide money for environmental cleanup activities at a specific site within the City of Roanoke; and authorizing the City Manager to execute any required grant agreements, to execute any necessary additional documents, to provide additional information, and to take any necessary actions to receive, implement, and administer such Cleanup Grant, upon certain terms and conditions. WHEREAS, by Resolution No. 37923-100107, adopted October 1, 2007, Council authorized the City Manager to submit an application to the EP A for a Brownfield Hazardous Substance Cleanup Grant in the amount of $200,000.00 for environmental cleanup activities on a designated site, i.e. the former Virginia Scrap Iron and Metal Company (Virginia Scrap Iron) property; WHEREAS, such Cleanup Grant requires the City to provide additional matching funds of $40,000.00; WHEREAS, the EPA has awarded the City a Cleanup Grant in the amount of $240,000.00, which includes the $40,000.00 City match, and such Grant requires the execution of a cooperative agreement between the EPA and the City; I I I I 507 WHEREAS, the Virginia Scrap Iron property was acquired by and is owned by the City of Roanoke Redevelopment and Housing Authority (RRHA). The City provided the funds to the RRHA for the acquisition of such property in accordance with the Amended and Supplemented South Jefferson Cooperation Agreement 2, as amended by Budget Amendment No.2; and WHEREAS, EPA staff has confirmed with City staff in the Department of Planning Building and Development that the arrangement between the City and the RRHA for performing environmental remediation work on the Virginia Scrap Iron property meets the EPA eligibility criteria for the Grant, even though the City does not. own the subject property. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the EPA Brownfield Hazardous Substance Cleanup Grant from the EPA in the amount of $240,000.00, which includes $40,000.00 in City matching funds, to provide money for environmental cleanup activities on the Virginia Scrap Iron property mentioned above, all as more particularly set forth in the letter dated September 15, 2008, from the City Manager to this Council. 2. The City Manager is hereby authorized to execute a cooperative agreement between the City and the EPA in substantially the same form as that attached to the City Manager's letter mentioned above, which is to be approved as to form by the City Attorney. 3. The City Manager is further authorized to execute any necessary additional documents, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer such Cleanup Grant and to complete the above described work in connection with such Grant. APPROVED ATTEST: ~ rn. ~<mJ Stephanie M. Moon, CMC City Clerk .~~ David A. Bowers Mayor 508 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 15th day of September, 2008. No. 38228-091508. AN ORDINANCE to appropriate funding from the Federal Government and the City's Economic and Community Development Reserve for the Environmental Protection Agency Brownfield Assessment Hazardous Substance Grant (South Jefferson Redevelopment Area), amending and reordaining certain sections of the 2008-2009 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 2008-2009 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 Fees for Professional Services Training Program Supplies Revenues Brownfield Assessment SJRA - FY09 Brownfield Assessment SJRA - Local FY09 08-530-9712-9535 $ 40,000.00 (40,000.00) I 08-3365 35-615-8103-2010 35-615-81 03-2044 35-615-8103-2066 35-615-81 03-81 03 35-615-81 03-81 02 235,000.00 4,000.00 1,000.00 200,000.00 40,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~m.IYtD~ Stephanie M. Moon, CMC City Clerk Q)Q.~ David A. Bowers Mayor I I I I 509 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38229-091508. A RESOLUTION authorizing payment of supplementary compensation and restoration of certain benefits to certain employees called to active military duty. BE IT RESOLVED by the City Council of the City of Roanoke that: 1. The C,ity shall pay, upon request, to any City employee who is a military reservist/national guard and who, between October 1,2008, and September 30,2009, 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 plus any other compensation received for military service. This supplement shall not be paid for any days that regular City salary must be paid to such employees. Employees shall provide the Department of Human Resources with the necessary documentation to establish their eligibility for the supplement. 2. Each such employee shall be deemed to have earned City vacation, paid and extended illness leave for the period of such active duty in the same manner as if such employee had remained in service with the City. 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 premi~ms necessary to provide coverage for the employee effective upon the date of return to service with the City. APPROVED ATTEST: ~~ m. hjOcJN Stephanie M. Moon, CMC ' City Clerk 9~~ David A. Bowers Mayor 510 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 15th day of September, 2008. No. 38230-091508. AN ORDINANCE allowing a bus shelter encroachment that extends variable distances into the public rights-of-way located at 1802 Liberty Road, N. W., Roanoke, Virginia, adjacent to Lincoln Terrace Elementary School, upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1 . Authorization is hereby granted to permit a bus shelter encroachment into the public rights-of-way at 1802 Liberty Road, N. W., Roanoke, Virginia, adjacent to Lincoln Terrace Elementary School, consisting of a Greater Roanoke Transit Company, Va Valley Metro (GRTC) owned bus shelter that will be located in the City's rights-of-way, all as more fully shown on a drawing dated July 15, 2008, prepared by the Office of the City Engineer, which drawing is attached to the City Manager's letter dated September 15, 2008, to this Council. This Ordinance shall be the permit authorizing such encroachment. The City Manager and City Clerk are also authorized to execute and attest, respectively, in a form approved by the City Attorney, any I additional necessary documents to permit such encroachment, subject to the terms and conditions set forth in this Ordinance. 2. It shall be agreed by the undersigned owner of the bus shelter, GRTC, that in maintaining such encroachment, GRTC and its grantees, assigns, or successors in interest shall and do agree to be responsible for the installation, maintenance, operation, repair, cleaning, and, if requested by the City the removal of such bus shelter and restoration of such rights-of-way. Such bus shelter shall be in compliance with applicable laws, including the Americans with Disabilities Act. GRTC shall also be responsible for any claims for injuries or damages to persons or property that may arise by reason of the above-desoribed encroachment. 3. GRTC, its grantees, assigns, or successors in interest shall for the duration of this permit, maintain on file with the City Clerk's Office evidence of insurance coverage for such bus shelter in an amount not less than $1,000,000.00 of commercial general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days .of passage of this Ordinance. The certificate of insurance shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being I provided to the Risk Management Officer for the City of Roanoke. 511 I 4. The City Clerk shall transmit an attested copy of this Ordinance to the General Manager for GRTC at 1108 Campbell Avenue, S. E., Roanoke, Virginia 24013. 5. This Ordinance shall be in full force and effect at such time as a copy, duly signed and acknowledged by the GRTC, has been filed by GRTC in the City Clerk's Office for the City of Roanoke and shall remain in effect only so long as a valid, current certificate of insurance evidencing the insurance required in Paragraph 3 above is on file in the City Clerk's Office, or until the City requires the removal of such bus shelter, which may be done in the sole discretion of the City by sending written notice to GRTC to remove such bus shelter. 6. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. I, David A. Morgan, General Manager for GRTC, and on behalf of GRTC, state that GRTC will comply with the provisions of this Ordinance as stated above. David A. Morgan, General Manager, GRTC I COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing instrument was acknowledged before me this day of ,2008, by David A. Morgan, General Manager for GRTC. My Commission expires: Notary Public I, , for GRTC, and on behalf of GRTC, state that GRTC will comply with the provisions of this Ordinance as stated above. I Printed Name and Title 512 COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing instrument was acknowledged before me this day of 2008, by for GRTC. My Commission expires: Notary Public APPROVED ATTEST: ~~ hl. ~uYV Stephanie M. Moon, CMC City Clerk Q)~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38231-091508. AN ORDINANCE allowing a bus shelter encroachment that extends variable distances into the public rights-of-way located on Westside Boulevard, N. W., adjacent to 3839 Shenandoah Avenue, Roanoke, Virginia, near Calvary Chapel of Roanoke, upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: I I I I I I 513 1. Authorization is hereby granted to permit a bus shelter encroachment into the public rights-of-way located on Westside Boulevard, N. W., adjacent to 3839 Shenandoah Avenue, Roanoke, Virginia, near Calvary Chapel of Roanoke, consisting of a Greater Roanoke Transit Company, Va Valley Metro (GRTC) owned bus shelter that will be located in the City's rights-of-way, all as more fully shown on a drawing dated July 15, 2008, prepared by the Office of the City Engineer, which drawing is attached to the City Manager's letter dated September 15, 2008, to this Council. This Ordinance shall be the permit authorizing such encroachment. The City Manager and City Clerk are also authorized to execute and attest, respectively, in a form approved by the City Attorney, any additional necessary documents to permit such encroachment, subject to the terms and conditions set forth in this Ordinance. 2. It shall be agreed by the undersigned owner of the bus shelter, GRTC, that in maintaining such encroachment, GRTC and its grantees, assigns, or successors in interest shall and do agree to be responsible for the installation, maintenance, operation, repair, cleaning, and, if requested by the City the removal of such bus shelter and restoration of such rights-of-way. Such bus shelter shall be in compliance with applicable laws, including the Americans with Disabilities Act. GRTC shall also be responsible for any claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment. 3. GRTC, its grantees, assigns, or successors in interest shall for the duration of this permit, maintain on file with the City Clerk's Office evidence of insurance coverage for such bus shelter in an amount not less than $1,000,000.00 of commercial general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days cof passage of this Ordinance. The certificate of insurance shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 4. The City Clerk shall transmit an attested copy of this Ordinance to the General Manager for GRTC at 1108 Campbell AVenue, S. E., Roanoke, Virginia 24013. 5. This Ordinance shall be in full force and effect at such time as a copy, duly signed and acknowledged by the GRTC, has been filed by GRTC in the City Clerk's Office for the City of Roanoke and shall remain in effect only so long as a valid, current certificate of insurance evidencing the insurance required in Paragraph 3 above is on file in the City Clerk's Office, or until the City requires the removal of such bus shelter, which may be done in the sole discretion of the City by sending written notice to GRTC to remove such bus shelter. 514 6. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. I, David A. Morgan, General Manager for GRTC, and on behalf of GRTC, state that GRTC will comply with the provisions of this Ordinance as stated above. David A. Morgan, General Manager, GRTC COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing instrument was acknowledged before me this day of ,2008, by David A. Morgan, General Manager for GRTC. My Commission expires: Notary Public I, , for GRTC, and on behalf of GRTC, state that GRTC will comply with the provisions of this Ordinance as stated above. Printed Name and Title I I I I I I 515 COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing instrument was acknowledged before me this day of 2008, by for GRTC. My Commission expires: Notary Public APPROVED ATTEST: ~YYl.~ Stephanie M. Moon, CMC City Clerk <dX2~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38232-091508. AN ORDINANCE to transfer funding from the departmental Technology Billings account to departmental Xerox Lease account, amending and reordaining certain sections of the 2008-2009 General, Civic Facilities, Department of Technology and Fleet Management Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2008-2009 General, Civic Facilities, Department of Technology and Fleet Management Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 516 General Fund I Appropriations Xerox Lease 01-110-1234-3045 $ 3,606.00 Xerox Lease 01-121-2130-3045 4,801.00 Xerox Lease 01-124-2120-3045 3,143.00 Xerox Lease 01-130-1233-3045 2,442.00 Xerox Lease 01 -140-331 0-3045 17,697.00 Xerox Lease 01-210-1220-3045 4,288.00 Xerox Lease 01-220-1120-3045 15,558.00 Xerox Lease 01-240-1240-3045 3,339.00 Xerox Lease 01-250-1232-3045 4,801.00 Xerox Lease 01-250-1231-3045 10,019.00 Xerox Lease 01-250-1235-3045 2,442.00 Xerox Lease 01-260-1310-3045 2,442.00 Xerox Lease 01-300-1211-3045 4,324.00 Xerox Lease 01-410-1212-3045 4,815.00 Xerox Lease 01-340-1261 -3045 5,243.00 Xerox Lease 01-440-1237 -3045 4,684.00 Xerox Lease 01-520-3211-3045 3,990.00 Xerox Lease 01-530-1280-3045 3,239.00 Xerox Lease 01-530-431 0-3045 6,927.00 Xerox Lease 01-530-421 0-3045 3,928.00 I Xerox Lease 01-610-8113-3045 5,066.00 Xerox Lease 01-610-8110-3045 11 ,998.00 Xerox Lease 01 -620-4360-3045 7,267.00 Xerox Lease 01-640-3114-3045 28,983.00 Contingency 01-300-9410-2199 5,835.00 DOT Billings 01-110-1234-7005 (3,606.00) DOT Billings 01-121-2130-7005 (4,801.00) DOT Billings 01-124-2120-7005 (3,143.00) DOT Billings 01-130-1233-7005 (2,442.00) DOT Billings 01-140-3310-7005 (17,697.00) DOT Billings 01-210-1220-7005 (4,288.00) DOT Billings 01-220-1120-7005 (15,558.00) DOT Billings 01-240-1240-7005 (3,339.00) DOT Billings 01-250-1232-7005 (4,801.00) DOT Billings 01-250-1231-7005 (10,019.00) DOT Billings 01-250-1235-7005 (2,442.00) DOT Billings 01-260-1310-7005 (2,442.00) DOT Billings 01-300-1211-7005 (4,324.00) DOT Billings 01-410-1212-7005 (10,650.00) DOT Billings 01-340-1261-7005 (5,243.00) DOT Billings 01-440-1237 -7005 (4,684.00) I DOT Billings 01-520-3211-7005 (3,990.00) DOT Billings 01-530-1280-7005 (3,239.00) I I I DOT Billings DOT Billings DOT Billings DOT Billings DOT Billings DOT Billings Civic Facilities Fund Appropriations Xerox Lease DOT Billings Department of Technoloay Fund Appropriations Equipment Rental/Lease Printing Revenues Xerox Lease - General Fund Overhead - General Fund Civic Facilities Fund Fleet Management Fund Fleet Manaaement Fund Appropriations Xerox Lease DOT Billings 01-530-4310-7005 01-530-4210-7005 01-610-8113-7005 01-610-8110-7005 01-620-4360-7005 01-640-3114-7005 05-550-21 05-3045 05-550-2105-7005 13-430-1601-3070 13-430-1601-2075 13-11 0-1234-1952 1 3-11 0-1234-0952 13-110-1234-0956 13-11 0-1234-0966 17 -440-2641-3045 17 -440-2641-7005 517 (6,927.00) (3,928.00) (5,066.00) (11,998.00) (7,267.00) (28,983.00) 9,672.00 (9,672.00) (187,749.00) (109,000.00) (109,000.00) (170,877.00) (9,672.00) (7,200.00) 7,200.00 (7,200.00) 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 gc1J?---- David A. Bowers Mayor 518 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 15th day of September, 2008. No. 38233-091508. A RESOLUTION affirming authorization to pick up the employee's contribution to Virginia Retirement Systems, (VRS) for City of Roanoke plan 55217 under 9414 (h) of the Internal Revenue Code. WHEREAS, the City of Roanoke provides some employees in its pay and classification system with tax deferral pursuant to 9414 (h) of the Internal Revenue Code with respect to their member contributions to the Virginia Retirement System (referred to as VRS) by picking up member contributions to VRS WHEREAS, VRS keeps tract of such picked up member contributions, and treats such contributions as employee contributions for all purposes of VRS; WHEREAS, the Internal Revenue Service in Notice 2006-43 has provided transition relief for existing pick up arrangements provided that an authorized person takes formal action to evidence the establishment of the pick up arrangement no later I than January 1 , 2009; and WHEREAS, in order to avail itself of the protection given under Notice 2006-43, the City of Roanoke desires to affirm its intention to establish and maintain a pick up arrangement through formal action by City Council. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1 . The existing member contribution pick up arrangement is hereby affirmed as it relates to salary reduction elections in effect prior to the date of this Resolution. 2. Effective the first pay day on or after July 1, 1981, the City of Roanoke has picked up member contributions of certain employees in its pay and classification system to VRS, and such contributions shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code of the United States. 3. Such contributions, although designated as member contributions, are to be made by the City of Roanoke in lieu of member contributions. I I I I 519 4. Pick up member contributions shall be paid from the same source of funds as used in paying the wages to affected persons. 5. Member contributions made by the City of Roanoke under the pick up arrangement shall be treated for all purposes other than income taxation, including but not limited to VRS benefits, in the same manner and to the same extent as member contributions made prior to the pick up arrangement. 6. Nothing herein shall be construed so as to permit or extend an option to VRS members to receive the pick up contributions made by the City of Roanoke directly instead of having them paid to VRS. 7. Notwithstanding any contractual or other provision, the contributions of each member of VRS who is in the pay and classification plan of the City of Roanoke shall be picked up using the method under which the employer will pay the employee's statutorily required contributions to VRS and the salary will not be modified APPROVED ATTEST: ~~:::'cr:d' ~~ City Clerk g)~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38234-091508. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments, local grants, local match, and fees amending and reordaining certain sections of the 2008-2009 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 2008-2009 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 520 Appropriations Testing Fee Tuition Professional Development Materials and Supplies Supplies Teachers Instructional Assistants Social Security Secretary/Clerical Retirement Health Virginia Retirement System General liability Insurance Materials and Other Supplies Staff Development Equipment City Jail - Teachers City Jail - Social Security Revenues State G rant Receipts Local Grant Receipts Federal Grant Receipts Local Match Federal Grant Receipts State Grant Receipts Federal Grant Receipts Fees - Jail 302-170-0000-0000-315C-61100-45584-9-00 302-11 0-1305-0000-752C-611 00-45554-9-00 302-11 0-1305-0000-752C-611 00-46601-9-00 302-120-0000-0000-111 C-611 00-46614-9-02 302-160-0000-1304-101 C-611 00-41121-9-07 302-160-0000-1304-101 C-611 00-41141-9-07 302-160-0000-1304-101 C-611 00-42201-9-07 302-160-0000-1304-101 C-611 00-41151-9-07 302-160-0000-1304-101 C-611 00-42200-9-07 302-160-0000-1304-101 C-611 00-42202-9-07 302-160-0000-1304-101 C-611 00-42205-9-07 302-160-0000-1304-101 C-611 00-41121-9-07 302-160-0000-1304-101 C-611 00-45586-9-07 302-170-0000-1160-354C-61100-00000-3-03 302-160-0000-1050-1 03C-611 00-41121-9-07 302-160-0000-1050-1 03C-611 00-42201-9-07 302-000-0000-0000-315C-00000-32349-9-00 302-110-1305-0000-752C-00000-33813-9-00 302-000-0000-0000-111 C-00000-38027 -0-00 302-000-0000-0000-101 C-00000-34588-0-00 302-000-0000-0000-101 C-00000-38002-0-00 302-000-0000-0000-354C-00000-38048-3-03 302-000-0000-0000-103C-00000-38002-0-00 302-000-0000-0000-103C-00000-33808-0-00 $9,132.00 5,700.00 300.00 29,313.00 (526.00) 1,040.00 (321.00) (1,141.00) 38.00 120.00 8.00 (905.00) 5,000 00 12,294.00 15,494.00 1,144.00 I 9,132.00 6,000.00 29,313.00 700.00 2,613.00 12,294.00 11 ,468.00 5,170.00 I Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: A~~ m. ~UvV Stephanie M. Moon, CMC City Clerk ~~OJ~ - David A. Bowers Mayor I I I I 521 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38235-091508. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Business Session of the Virginia Municipal League to be held during the League's 2008 Annual Conference scheduled for October 19-21,2008 in Norfolk, Virginia, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, The Honorable Sherman Lea, Vice-Mayor, is hereby designated Voting Delegate, and The Honorable Court Rosen, Council Member, is hereby designated Alternate Voting Delegate. 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 2008 Annual Conference, Darlene L. Burcham, shall be designated Staff Assistant. 3. The City Clerk is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate, Alternate Voting Delegate, and Staff Assistant and to forward such forms to the League. APPROVED ATTEST: ~ rTJ. ~OOY() Stephanie M. Moon, CMC ' City Clerk 2JtQOl~ David A. Bowers Mayor 522 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38236-091508. AN ORDINANCE to amend ~ 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title. WHEREAS, Roanoke Valley Christian Church (Trustees of Roanoke Valley), has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located on Hershberger Road, N.W., bearing Official Tax No. 2671103, rezoned from R-7, Residential Single Family District, to IN, Institutional District, for uses permitted in the IN zoning district, for a church located on Official Tax Nos. 2671101 and 2671102; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on September 15, 2008, after due and timely notice thereof as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I I I 1 1 'I 523 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. 2671103, located at Hershberger Road, N. W., be and is hereby rezoned from R-7, Residential Single Family District, to IN, Institutional District, as set forth in the Zoning Amendment Application dated June 30, 2008. 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: ~L-V rY)- ~D\lYV Stephanie M. Moon, CMC City Clerk J)~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38237-091508. AN ORDINANCE amending and reordaining Section 36.2-205, Dimensional regulations; Section 36.2-314, Commercial Districts (CN, CG. CLS); Table 323-1 of Section 36.2-323, Institutional District (IN); Table 340-1 of Section 36.2-340, Use Matrix; Section 36.2-403, Accessory uses and structures; Section 36.2-410, Fences and walls; Section 36.2-429, Temporary uses; Section 36.2-571, Zoninq Violations; Section 36.2-610, Utilities; Section 36.2-648, Parkinq area landscapinq; Table 652-2, Required Off-Street Parkinq Spaces, of Section 36.2-652, Minimum off-street parkinq; Section 36.2-654, Off-street parkinq area standards; Section 36.2-671, Buildinq- mounted signs; Section 36.2-704, Nonconforming structures; and Appendix A, Definitions, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, for the purpose of updating and ciarifying the City's zoning 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: 524 1 . Section 36.2-205, Dimensional reQulations, of Article 2, ZoninQ Dishicts, 1 of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending subsections (f)(2)(A)(ii) and (f)(4) to read and provide as follows: Sec. 36.2-205. Dimensional regulations. * * * (f) Front yards. * * * (2) In the R-7, R-5, and R-3 Residential Single-Family Districts and the RM-1 and RM-2 Residential Mixed Density Districts, the required depth of the front yard shall be determined and applied in accordance with subsections (A) and (B), below, except that where a lot has frontage on a cul-de-sac, the minimum and maximum front yard depths of the applicable zoning district shall apply. In the application of subsection (A) or (B), the Zoning Administrator may require a greater yard depth for public safety reasons. (A) Where there is a building or are buildings on the adjoining lots, the minimum and maximum front yards of the applicable zoning district shall not apply, and the required minimum and maximum front yard depths shall be determined by whichever adjoining lot has the shallowest established front yard depth as set forth in subsections (i), (ii), (iii), (iv), and (v) below. 1 * * * (ii) If the shallowest established front yard depth is greater than the maximum front yard depth of the district, the maximum front yard depth shall be equal to that shallowest established front yard depth of the adjoining lots, and the minimum front yard depth shall be taR (10) feet less than the maximum yard depth established by this cubseotion the minimum front yard depth of the applicable zoning district, * * * I 1 1 1 525 (4) Maximum front yard requirements shall apply only to new principal structures. In the application of maximum front yards, as required by this Chapter, at least sixty (60) percent of the building fagade shall abut the line of the maximum front yard depth or shall lie between the lines of the minimum and maximum front yard depths. * * * 2. Article 3, Requlations for Specific Zoninq Districts, of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending subsection (e) of Section 36.2-314, Commercial Districts (CN, CG, CLS), of Division 1, Base Districts - Residential. Commercial. and Industrial, Table 323-1 of Section 36.2-323, Institutional District (IN), Division 2, Base Districts - Special Purpose Districts, and Table 340-1 of Section 36.2-340, Use Matrix, of Division 4, Use Matrix, to read and provide as follows: Sec. 36.2-314. Commercial Districts (CN, CG, CLS). * * * (e) Pedestrian access. In the CN, CG, and CLS Districts, designated pedestrian pathways of a minimum unobstructed width of five (5) feet shall be provided and clearly definedmarked 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 handicapped accessible, surfaced with concrete, asphalt, bituminous pavement, brick or stone pavers, or a permeable paver system, and shall be distinguished and separated from driveways and parking spaces by landscaping, berms, barriers, grade separation or other means to protect pedestrians from vehicular traffic. At all points where a walkway crosses the lane of motor vehicle travel, raised crosswalks shall be provided. 526 *** 1 Table 323-1, Dimensional Matrix for Standard IN Density - Lot area, minimum - Lot area, maximum 5 acres Lot frontaQe, minimum 1 00 feet Lot frontage, maximum - Front yard, minimum and maximum (where IN District abuts a single zoning district in the Same as abutting zoning district same block face) Front yard, minimum and maximum (where Average of the two (2) abutting zoning IN District abuts two different zoning districts in same block face) districts Front yard, minimum (where IN District 20 feet extends for entire block face) Front yard, minimum maximum (where IN 40 feet District extends for entire block face) Side yards, minimum combined width - 10 feet, unless subject to a greater buffer Side yard, minimum yard requirement as set forth in Section 36.2-647(c) 10 feet, unless subject to a greater buffer Rear yard, minimum yard requirement as set forth in Section 36.2-647(c) HeiQht, maximum 40 feet Floor area ratio, maximum - Impervious surface ratio, maximum 80% 1 Institutional District (IN) * * * Sec. 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 1 1 1 1 527 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 '~ccessory Uses", '~" means permitted as an accessory use; "s" means permitted by special exception as an accessory use; and a blank cell means prohibited. < < < < "0 'E 0 'E 'E 'E < 0 ~ - ~ -E ~ '- '- ~ ~ ~ E 0 - C/) t::: ~ :::3 I "0 "0 ~ ..... ~ ~ ~ I I I ~ -C::l ~ ~ t::: :::3 g ~ ~ ~ Q.) Q.) :;::; ..c: Q.) ..... Q.) .(.) g g g .~ .~ - .~ t::: ~ .0 0 ~ Q.. Q.. ~ i::: ~ ~ ~ ~ Q.) ~ - i::: Ci) ......J .~ ..... Q.) - ~ Ci) Ci) Ci) - - (!J I - i::: .~ ~ .9 ::3 ~ - .~ .~ - I -!... - .~ ..... Q t::: Q.. .~ .~ - .~ .s (J) t::: ~ .0 I - - - .;::; .;::; .~ .~ - - .;::; .~ .~ .~ .;::; e -S .0 "0 .;::; .~ t::: t::: (J) Q.) - .~ .;::; t::: ..... ..... ..... ~ ~ t::: e e -S ::3 ~ .;::; Q.) Q.) .2 i::: ~ t::: t::: t::: Q.) Q.) .s ~ t::: ~ Q .~ ..... t::: Q.) Q.) '- ~ ~ ~ ~ E 0 ~ ..... (J) Q.) '- '- E E .s t::: ~ (J) '- (J) (J) $ .9 "0 :;::; .g ~ (J) '- '- '- Q.) Q.) (J) E E E Q.) ::J 0 S .s Q.) (J) (J) (J) Q.) ..... ~ ~ (J) 0: 0: 0 ..c: ~ ~ .~ ..... .s Q.) 0: ~ Q.) Q.) 0: <3 <3 0 .~ :;::; l..: ~ 0: 0: ~ ~ (J) '- ex: C\J ,... ~ ~ 0 t::: C/) <;( ~ ~ I C/) ......J ~ ,... J'.... It) C") ~ ~ <: Q} Q ~ - a Q ~ I I I I -J ,... C\J <: Q.. Use ex: 0: ct ct 0: 0: 0: 0 0 0 I I Q 0: <;( ~ - - - - Accessory Uses * * * Portable A A A storage container, subject to Sec. 36.2-403 * * * Residential Uses Dwelling, P Single-family attached * * * Commercial Uses: Miscellaneous * * * Pet P crematorium * * * 528 3. Article 4, Supplemental ReQulations, of Chapter 36.2, ZoninQ, of the 1 Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending subsections (b)(6) and (c), and by adding new subsection (I) of Section 36.2-403, Accessory uses and structures, by amending subsections (a) and (b), and by adding new subsection (c) of Section 36.2-410, Fences and walls, and by amending subsection (d) of Section 36.2-429, Temporary uses, to read and provide as follows: Sec. 36.2-403. Accessory uses and structures. * * * (b) General standards. * * * (6) The cumulative square footage of all accessory structures, excluding outdoor tennis courts, in-ground swimming pools, arbors, and trellises shall not exceed forty (40) percent of the gross floor area of the principal structure, provided that for purposes of such calculation, basement areas which are not considered a story above grade plane, as defined and determined by the Virginia Uniform Statewide Building Code, and unfinished attics shall not be included in the gross floor area of the principal structure. 1 * * * (c) Setbacks and spacing standards, general. Except for fences, walls, arbors, trellises, or outdoor light support structures, or as otherwise provided in this section, the following setback and spacing requirements shall apply to accessory structures: (1) Accessory structures shall be located no closer than five (5) feet to a rear or side lot line, except as provided in subsection (f), below. (2) Accessory structures shall be located no closer to any street than the principal building, except as set forth in subsections (A) and (B) below, provided such exceptions set forth in (A) and (8) below shall not apply to refuse dumpster enclosures. 1 529 I (A) In the case of any corner lot with more than two (2) street frontages or any through lot, such requirement shall apply to only one (1) public street, provided no accessory structure shall be located closer than five (5) feet to any such lot line abutting a public street; or (B) In the case of any corner lot with two (2) street frontages, such requirement shall not apply to a second front yard, provided no accessory structure shall be located closer than five (5) feet to such front lot line. (3) Accessory structures shall be located no closer than six (6) feet to a principal structure or another accessory structure. * * * (I) Portable storage containers. Portable storage containers shall be permitted by right as accessory uses as set forth in Sec. 36.2-340, Use matrix, subject to the following supplemental regulations: 1 (1) Portable storage containers shall not be permitted on any lot that does not contain a principal building; (2) Portable storage containers shall be permitted only for storage purposes as an accessory use to the principal use of the lot on which such container may be located; (3) Portable storage containers shall not be connected to any utilities; (4) No more than two (2) signs may be displayed on any portable storage container, and such signs shall be limited to identification of the supplier of the container and the supplier's phone number; (5) No portable storage container shall be located closer to a street than the principal building; (6) No portable storage container shall be located closer than five (5)feet to any side or rear lot line, but in no case shall such container be located within a required buffer yard; 1 530 (7) No portable storage container shall be placed or located on, or block access to, a required parking space, circulation aisle, or fire access lane, or cause a visual obstruction to pedestrians or motor vehicles leaving or entering the property; 1 (8) The vertical stflcking of portable storage containers shall be limited to two (2) high, and the stacking of any materials or merchandise on top of any portable storage container shall be prohibited; (9) Portable storage containers that are visible from a street shall be screened from view by providing a Category "C" buffer as defined in Section 36.2-647(b); and (10) Portable storage containers shall not be located closer than fifty (50)feet to any residential zoning district. * * * Sec. 36.2-410. Fences, aRG-walls, arbors, and trellises. (a) Applicability. Fences, aAG-walls, arbors, and trellises shall be subject to the supplemental regulations of this section. For the purpose of this section, "walls" shall include decorative walls and walls intended as a buffer or screen. The supplemental regulations of this section shall not apply to retaining walls. The supplemental regulations of this section shall apply to freestanding trellises and arbors as well as trellises attached to fences. 1 (b) Fence and wall Sstandards. * * * (c) Arbor and trellis standards. (1) The following setback requirements shall apply to any arbor, provided it shall be no greater than nine (9) feet in height, constitute no more than 150 square feet, and each surface of the arbor shall be at least fifty (50) percent open. (A) Arbors may be located within any side or rear yard. 1 531 I (B) On a lot with only one (1) lot frontage, arbors shall not be permitted between the building line and the lot frontage, except that in the case of any lot with no principal building, an arbor shall not be located within the required minimum front yard of the applicable zoning district. (e) On a lot with more than one (1) lot frontage, arbors shall not be permitted between any building line on which the principal entrance to the building is situated and the lot frontage which it faces, except that in the case of any lot with no principal building, an arbor shall not be located within the required minimum front yard of the applicable zoning district. (2) A trellis may be located in any yard, provided it is no greater than nine (9) feet in height, six (6) feet in width, and three (3) feet in depth, and provided further that each surface of the trellis shall be at least fifty (50) percent open. 1 (3) Any arbor or trellis which exceeds the dimensional standards of (1) and (2) above shall be subject to the setback and spacing standards set forth in Sec. 36.2-403, Accessory uses and structures. * * * Sec. 36.2-429. Temporary uses. * * * (d) Portable storage containers. The provisions of this section shall apply to the placement, location, erection, or relocation of any portable storage container, except as provided in section 36.2- 429(b) or for those portable storage containers which are permitted as accessory uses as set forth in the Use Matrix. Portable storage containers shall be prohibited in all zoning districts except that cuch portable storage containers shall be permitted as temporary uses as set forth in Table 429-1, subject to the following additional standards: (1 ) The following standards shall apply to any portable storage container permitted as a temporary use by this chapter: 1 532 (A) The placement of any portable storage container on a lot shall be permitted only upon issuance of a zoning permit; (B) Portable storage containers shall not be permitted on any lot that does not contain a principal building; (C) Portable storage containers shall be permitted only for storage purposes as an accessory use to the princip'al use of the lot on which such container may be located; (D) Portable storage containers shall not be connected to any utilities; (E) No more than two (2) signs may be displayed on ar"'Y portable storage container, and such signs shall be limited to identification of the supplier of the container and the supplier's phone number; and (F) The vertical stacking of portable storage containers and the stacking of any other materials or merchandise on top of any portable storage container shall be prohibited. * * * 4. Section 36.2-571, Zonina Violations, of Division 7, Enforcement, of Article 5, Procedures, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by adding new subsections (a)(3) and (a)(4) to read and provide as follows: Sec. 36.2-571. Zoning Violations. (a) Generally. * * * 1 1 1 1 1 1 533 (3) The zoning administrator may present sworn testimony to a magistrate, and if such sworn testimony establishes probable cause that a zoning violation has occurred, the zoning administrator or agent may request that the magistrate grant the zoning administrator or agent an inspection wan:?1nt to enable the zoning administrator or agent to enter) the subject dwelling for the purpose of determining whether violations of the zoning ordinance exist. (4) The zoning administrator shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant under this section. 5. Article 6, Development Standards, of Chapter 36.2, Zonina, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending Section 36.2-610, Utilities, of Division 1, Utilities; subsection (b )(5)(B) of Section 36.2-648, Parkina area landscapina, of Division 4, Landscapina and Screenina; Table 652-2, Reauired Off-Street Parkina Spaces, of Section 36.2-652, Minimum off-street parkina; subsections (c) and (f) of Section 36.2-654, Off-street parking area standards, of Division 5, Off-Street Parkina and Loadina, and subsection (a) of Section 36.2-671, Building-mounted sians, of Division 6, Sians, to read and provide as follows: Sec. 36.2-610. Utilities. In all zoning districts, all utility service laterals or service lines associated with a basic or comprehensive development plan shall be located underground; however, utility service laterals or service lines may be located above ground to the point of connection when routed directly to the rear of the structure by way of an alley or utility easement where there are existing overhead distribution lines. All transformers required to serve a development and located on the property associated with a basic or comprehensive development plan may be located above ground but shall be surface mounted on pads on the ground. Such surface mounted transformers shall be subject to the screening requirements of Sec. 36.2-649(b). * * * Sec. 36.2-648. Parking area landscaping. * * * (b) Parking area landscaping standards. Parking areas shall be subject to the following landscaping standards: 534 * * * (5) Landscaping strips along the perimeters of all parking areas that front on a public street shall be provided at a minimum width of eight (8) feet and shall include the quantities and types of plantings as set forth in subsections (A) and (B), below. Trees shall be planted within eight (8) feet of a parking space or access aisle directly accessing a parking space in order to count toward meeting the requirements of subsection (A), below. * * * (B) Evergreen or deciduous shrubs spaced no father farther apart than at a rate of three (3) feet on center. * * * Sec. 36.2-652. Minimum off-street parking. * * * T bl 652 2 R d Off St t P k' S a e - eQulre - ree ar !nQ iPaces Rules of Interpretation: In Column (8), "sf" means the net floor area in square feet for the principal structure, or use if the use occupies only part of a structure, unless otherwise noted in the table. "Employee" means the number of employees on the largest shif~. In Column "C", "*" means the maximum parking regulations set forth in Section 36.2-653 shall not apply. (8) (C) (A) Minimum Parking Spaces Maximum Use Parking Not Required Applicable * * * Residential Uses Dwelling, Single-family attached 2 per dwelling unit * * * * Commercial Uses: Office and Related Uses * * * Medical Clinic 1 per 300 sf * * * Commercial Uses: Miscellaneous * * * Pet crematorium 1 per 1000 sf * * * 1 I 1 535 1 Sec. 36.2-654. Off-street parking area standards. * * * (c) Pedestrian access. In the CG and CLS Districts, designated, clearly identified pedestrian access shall be provided between off- street parking areas and public entrances of a building or use which is required to provide fifty (50) or more parking spaces, as set forth in Table 652-2, or which provides fifty (50) or more parking spaces. Such Ppedestrian access shall consist of sidewalks or other surfaced walkways of a minimum unobstructed width of five (5) feet which are separated from vehioular traffio surfaced with concrete, asphalt, bituminous pavement, brick or stone pavers, or a permeable paver system, are handicapped accessible, and are separated from vehicular traffic by landscaping, berms, barriers, grade separation or other means to protect pedestrians from vehicular traffic. At all points where such pedestrian access crosses the lane of motor vehicle travel, raised crosswalks shall be provided. * * * 1 (f) Driveway standards. * * * (2) Driveways, except for single-family detached dwellings, shall be subject to the following location and dimensional requirements, with such requirements applying to the portion of the driveway located between the right-of-way and the building line: (C) Driveways shall meet the width requirements of Table 654-2. 1 536 Table 654-2. Driveway Widths, Except for Lots Containing Sinale-Familv Detached Dwellin Sl 1-wav 2-wav Zoning Districts Minimum Maximum Minimum Maximum Width Width Width Width (feet) (feet) (feet) (feet)2 R-12, R-7, R-5, R-3, RM-1 10 12 -- -- RM-2, RMF 12 15 18 24 CN, MX, IN 12 15 18 24 CG, CLS, D 12 15 18 30 1-1,1-2,IPUD 12 18 18 30 MXPUD, INPUD 12 15 18 24 ROS, AD 12 18 18 30 1 * * * (D) Maximum driveway widths as set forth in Table 654-2 may be exceeded in accordance with the following provisions: (1) Such increase in the width of driveways must be approved by the Board of Zoning Appeals by special exception, pursuant to the provisions set forth in Section 36.2-560; (2) Such increase in the width of driveway shall be permitted only upon the same lot as the principal use which the driveway is intended to serve; 1 (3) The permitted maximum width of driveway created for any use shall be established by the Board, and such maximum width shall be limited to the required width as clearly demonstrated by the applicant as set forth in (4) below; and 1 For driveway widths for single-family detached dwellings, in any zoning district, see Section 36.2-654(f)(1). 2 In any district that has a maximum width of thirty (30) feet for a two-way driveway, the maximum width of a driveway with a center median shall be forty-five (45) feet, provided the center median is a minimum width of five (5) feet and is covered with grass or other vegetative groundcover. 1 1 1 1 537 (4) The approval of such increase in the width of driveway shall be basedon findings related to unique driveway and ingress/egress demands created by the operational nature of the use, intensity of utilization unique to the use, distance from property line to edge of pavement, the configuration and width of the street being accessed, and the turning radii of motor vehicles used due to the operational nature of the use as demonstrated through vehicle wheel path templates. Such documentation shall be provided by the applicant. * * * (4) Driveway entrances shall be designed to maintain a cross slope of the sidewalk at two (2) percent or less. * * * Sec. 36.2-671. Building-mounted signs. In addition to the regulations set forth in Table 668-1 and Table 669-1, on-premises building-mounted signs shall be subject to the following standards: (a) Building-mounted signs shall be permitted only on the facades or appurtenances of buildings or accessory structures which face upon an abutting street or an abutting parking lot which provides at least seven (7) parking spaces on the same lot on which the sign is located. * * * 6. Section 36.2-704, Nonconforminq structures, of Article 7, Nonconforminq Uses. Structures. and Lots, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending subsection (d) to read and provide as follows: Sec. 36.2-704. Nonconforming structures. * * * 538 (d) The owner of any residential or commercial building damaged or destroyed by a natural disaster or other act of God may repair, rebuild, or replace any such building, to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance as provided in Section 36.2-561. If such structure cannot be repaired, rebuilt, or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. The owner shall apply for a building permit and any work done to repair, rebuild, or replace such building shall be in compliance with the provisions of the Virginia Uniform Statewide Building Code, and any work done to repair, rebuild, or replace such building shall be in compliance with the provisions of Section 36.2-333, Floodplain Overlay District. Unless such structure is repaired or rebuilt within two (2) years of the date of the natural disaster or replaced within two (2) years of the date of the natural disaster or other act of God, such structure shall only be repaired, rebuilt, or replaced in accordance with the regulations for the zoning district in which it is located. However, if the nonconforming structure is in an area under a federal disaster declaration and the structure has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then the owner shall have an additional two (2) years for the structure to be repaired, rebuilt, or replaced as otherwise provided in this subsection. 1 1 * * * 7. Appendix A, Definitions, of Chapter 36.2, ZoninQ, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by revising the definition of "Yard, front," and adding definitions for "Arbor," "Dwelling, Single-family, attached," "Pet crematorium," "Street," and "Trellis," to read and provide as follows: * * * Arbor: Open frameworks designed to offer shady resting places in a garden or park. Arbors are often made of metal work or latticework which serves as a trellis on which climbing plants may grow. * * * 1 1 1 1 539 Owelling, Single-family, attached: A one-family dwelling unit, with its own independent entrance at ground level, which is part of a building consisting of two (2) one-family dwelling units, attached by a common vertical wall, and with each dwelling unit being located on its own individual lot. * * * Pet crematorium: An establishment in which the principal activity is the cremation of domestic animals, and where all such activity occurs wholly enclosed in a building. For purposes of this definition, "domestic animals" shall include dogs and cats only. * * * Street: Any public way (or private way as may be applicable in a PUO) for vehicular and pedestrian traffic which provides the primary means of access to lots. * * * Trellis: A structure usually made from intelWoven pieces of wood, bamboo, or metal that is made to support a climbing plant or plants. It is usually constructed of long, narrow wood or metal slats that are crisscrossed to produce square or diamond-shaped spaces. * * * Yard, front: A yard extending between side lot lines across the front of a lot adjoining a public street, the depth of which is the horizontal distance between the front lot line and a line parallel thereto on the lot, as required by the respective zoning district regulations. 8. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ /1). rr;owv Stephanie M. Moon, CMC City Clerk QQ~ David A. Bowers Mayor 540 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 1 The 15th day of September, 2008. No. 38238-091508. AN ORDINANCE approving the Mountain View/Norwich Corridor Plan dated August 22, 2008, and amending Vision 2001-2020, the City's Comprehensive Plan, to include such Plan; and dispensing with the second reading by title of this ordinance. WHEREAS, on August 21, 2008, the Mountain View/Norwich Corridor Plan dated July 17, 2008 (the "Plan"), was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on that date and recommended adoption of the Plan and amending Vision 2001-2020, the City's Comprehensive Plan, to include such Plan, as amended; and WHEREAS, in accordance with the provisions of 915.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on September 15, 2008, on the proposed Plan, as amended, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as 1 follows: 1 . That this Council hereby approves the Mountain View/Norwich Corridor Plan dated August 22, 2008, and amends Vision 2001 - 2020, the City's Comprehensive Plan, to include such Mountain View/Norwich Corridor Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~ f>l. ~OVYJ Stephanie M. Moon, CMC City Clerk ~~avid Mayor 1 1 1 1 541 [Subsidy] IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. Resolution No. 38239 - 091508. A RESOLUTION authorizing the issuance of not to exceed $7,500,000 General Obligation School Bonds of the City of Roanoke, Virginia, Series 2008A, to be sold to the Virginia Public School Authority and Providing for the form and details thereof. WHEREAS, on October 18, 2007, the Commonwealth of Virginia Board of Education (the "Board of Education") placed the application (the "Application") of the School Board of the City of Roanoke, Virginia (the "School Board"), for a loan of $7,500,000.00 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the City of Roanoke, Virginia (the "City"), on the First Priority Waiting List; WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the "Commitment") within one (1) year of placement of the Application on the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of the Application and the approval, by the Board of Education, of the Application as having met all conditions for a loan from the Literary Fund; WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the 'Temporary Notes") for the amounts so advanced; . WHEREAS, after the completion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligation of the School Board to repay the Literary Fund Loan; WHEREAS, the Literary Fund Obligation was to have bome interest at three percent (3%) per annum and mature in annual installments for a period of twenty (20) years; 542 WHEREAS, in connection with the 2008 Interest Rate Subsidy Program (the 1 "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the City, and the Board of Education has offered to pay, to the City, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date on which VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the City will bear upon sale to VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the City (the "Issuance Expense Allowance"); WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the "City"), has determined that it is necessary and expedient to borrow not to exceed $7,500,000.00 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the City held a public hearing, duly noticed, on September 15, 2008, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the City has, by resolution, requested the Council to authorize the issuance of the Bonds (as hereinafter defined) and, consented 1 to the issuance of the Bonds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Roanoke, Virginia: 1 . Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $7,500,000.00 (the "Bonds") for the purpose of financing certain capital projects for school purposes described in Exhibit B. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the City, and to sell to VPSA, the Bonds at a price, determined by VPSA to be fair and accepted by the Mayor and the City Manager. The Mayor, the City Manager, and such officer or officers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 10, 2008 with VPSA providing for the sale of the Bonds to VPSA in substantially tlie form submitted to the Council at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 1 I 1 1 543 3. Details of the Bonds. The Bonds shall be issuable in fully registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2008A"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2009 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The City Manager is hereby authorized and directed to accept the interest rates on the Bonds established by VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by VPSAfor the corresponding principal payment date of the bonds to be issued by VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed five and fifty one-hundredths percent ( 5.50 % ) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of VPSA. The City Manager is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by VPSA and Interest Payment Dates and the Principal Installments requested by VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment: Pavino Aoent and Bond Reqistrar. The following provisions shall apply to the Bonds: (a) For as long as VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to VPSA at, or before 11 :00 a.m. on the applicable Interest Payment Date or Principal Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11 :00 a.m. on the business day next succeeding such Interest Payment Date or Principal Payment Date. 544 (b) All overdue payments of principal and, to the extent permitted by law, 1 interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) Regions Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. No Redemption or Prepayment. The Principal Installments of the Bonds shall not be subject to redemption or prepayment. Furthermore, the Council covenants, on behalf of the City, not to refund or refinance the Bonds without first obtaining the written consent of VPSA or the registered owner of the Bonds. 8. Execution of the Bonds. The Mayor or Vice Mayor and the Clerk or any Deputy City Clerk are authorized and directed to execute and deliver the Bonds and to affix the seal of the City thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, ~ and the interest on the Bonds as such principal, premium, if any, and interest shall 1 become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the City to the extent other funds.of the City are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Certificate as to Arbitraqe. The Mayor, . the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on VPSA Bonds except as provided below. The Board covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the City shall comply with the other covenants and representations contained therein and (ii) the City shall comply with the provisions of the Code so that interest on the Bonds and on VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 1 1 1 1 545 11. State Non-Arbitraqe Proqram; Proceeds Agreement. The Council hereby determines that it is in the best interests of the City to authorize and direct the City Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of VPSA Bonds, VPSA, the investment manager and the depository, substantially in the form submitted to the Councilat this meeting, which form is hereby approved. 12. Continuinq Disclosure Aqreement. The Mayor the City /Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix E to the Bond Sale Agreement, setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale Agreement should the City be determined by VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. FilinQ of Resolution. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 14. Further Actions. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. * * * The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on September 15, 2008, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present and that the attendance and voting of the members in attendance on the foregoing resolution were as follows:. 546 David A. Bowers, Mayor Sherman P. Lea, Vice-Mayor Gwendolyn W. Mason Alvin L. Nash Anita J. Price Court G. Rosen David B. Trinkle 1 Present Absent Aye Nay Abstain WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this _ day of September, 2008. Clerk, City of Roanoke, Virginia [SEAL] [Subsidy] EXHIBIT A (FORM OF TEMPORARY BOND) NO. TS-1 $ 1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE General Obligation School Bond Series 2008A The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2009 and annually on July 15 thereafter to and including July 15, 2028 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on July 15, 2009 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto. Both principal of and interest on this Bond are payable in 1 lawful money of the United States of America. 1 1 1 547 For as long as the Virginia Public School Authority is the registered owner of this Bond, Regions Bank, as bond registrar (the "Bond Registrar"), shall make all payments of principal, premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11 :00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11 :00 a.m. on the business day next succeeding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the City Council authorizing the issuance of the Bonds provides, and Section 15.2- 2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the City Council and the School Board of the City to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for two or more temporary bonds or definitive bonds in fully registered form in denominations of $5,000 and whole multiples thereof, and; in any case, having an equal aggregate principal amount having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School 548 Authority on the books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond are not subject to redemption or prepayment. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Council of the City of Roanoke has caused this Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice-Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated November 20, 2008. CITY OF ROANOKE, VIRGINIA (SEAL) ATTEST: Clerk, City of Roanoke, Virginia Mayor, City of Roanoke, Virginia ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto 1 1 1 1 1 1 549 (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Registered Owner Signature Guaranteed: (Signature of Registered Owner) NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the face of this Bond in every particular, without alteration, or change.) 550 SCHEDULE I 1 8/28/08 Roanoke City LF #3 Subsidized Local School Bond Fiscal Principal Rate Interest Total Total 7/15/2009 $375,000 3.000% $146,875.00 $521,875.00 $0.00 1/1512010 $0 106,875.00 106,875.00 628,750.00 7/15/2010 $375,000 3.000% 106,875.00 481,875.00 0.00 1/15/2011 $0 101,250.00 101.250.00 583,125.00 7/15/2011 $375,000 3.000% 101,250.00 476,250.00 0.00 1/15/2012 $0 95,625.00 95,625.00 571,875.00 7/15/2012 $375,000 3.000% 95,625.00 470,625.00 0.00 1/15/2013 $0 90,000.00 90,000.00 560,625.00 7/15/2013 $375,000 3.000% 90,000.00 465,000.00 0.00 1/1512014 $0 84.375.00 84,375.00 549,375.00 7/15/2014 $375,000 3.000% 84,375.00 459,375.00 0.00 1/1512015 $0 78,750.00 78,750.00 538,125.00 7/1512015 $375,000 3.000% 78,750.00 453,750.00 0.00 1/1512016 $0 73,125.00 73,125.00 526,875.00 7/15/2016 $375,000 3.000% 73,125.00 448,125.00 0.00 1/15/2017 $0 67,500.00 67,500.00 515,625.00 7/15/2017 $375,000 3.000% 67,500.00 442,500.00 0.00 1/15/2018 $0 61,875.00 61,875.00 504,375.00 7/1512018 $375,000 3.000% 61,875.00 436,875.00 0.00 1/15/2019 $0 56,250.00 56,250.00 493,125.00 7/15/2019 $375,000 3.000% 56,250.00 431,250.00 0.00 1 1/15/2020 $0 50.625.00 50,625.00 481,875.00 7/15/2020 $375,000 3.000% 50,625.00 425,625.00 0.00 1/1512021 $0 45,000.00 45,000.00 470,625.00 7/15/2021 $375,000 3.000% 45,000.00 420,000.00 0.00 1/1512022 $0 39,375.00 39,375.00 459,375.00 7/15/2022 $375,000 3.000% 39,375.00 414,375.00 0.00 1/15/2023 $0 33,750.00 33,750.00 448,125.00 7/1512023 $375,000 3.000% 33,750.00 408,750.00 0.00 1/1512024 $0 28.125.00 28.125.00 436,875.00 7/15/2024 $375,000 3.000% 28,125.00 403,125.00 0.00 1/1512025 $0 22,500.00 22,500.00 425,625.00 7/1512025 $375,000 3.000% 22,500.00 397,500.00 0.00 1/15/2026 $0 16,875.00 16,875.00 414,375.00 7/15/2026 $375,000 3.000% 16,875.00 391,875.00 0.00 1/15/2027 $0 11,250.00 11,250.00 " 403,125.00 7/1512027 $375,000 3.000% 11,250.00 386,250.00 0.00 1/15/2028 $0 5,625.00 5,625.00 391,875.00 7/15/2028 $375,000 3.000% 5,625.00 380,625.00 0.00 1/1512029 0.00 0.00 380,625.00 7/15/2029 0.00 0.00 0.00 1/15/2030 0.00 0.00 0.00 7/15/2030 0.00 0.00 0.00 1/1512031 0.00 0.00 0.00 7/1512031 0.00 0.00 0.00 1/1512032 0.00 0.00 0.00 7/1512032 0.00 0.00 0.00 1/15/2033 0.00 0.00 0.00 7/15/2033 0.00 0.00 0.00 1 1/15/2034 0.00 0.00 0.00. Debt Total $7,500,000.00 $2,284,375.00 $9,784,375.00 $9,784,375.00 1 1 1 551 EXHIBIT B The proceeds of the Bonds will be used to finance the construction of certain capital improvements and the acquisition and installation of certain capital equipment for William Fleming High School (the "Project"), provided that any proceeds not needed for the Project may be expended on any other capital improvement for school purposes within the City of Roanoke, Virginia. APPROVED ATTEST: 9Q@Z~ David A. Bowers Mayor ~ Yr).~~ Stephanie M. Moon, CMC City Clerk [Non-Subsidy] IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. Resolution No. 38240-091508. A RESOLUTION authorizing the issuance of not to exceed$10,850,OOO.00 General Obligation School Bonds of the City Of Roanoke, Virginia, Series 2008 B, to be sold to The Virginia Public School Authority and providing for the form and details thereof. WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the "City"), has determined that it is necessary and expedient to borrow an amount not to exceed $10,850,000.00 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the City held public hearings, duly noticed, on August 18, 2008, and May 21, 2007, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $10,850,000.00 is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds; and 552 WHEREAS, VPSA's objective is to pay the City a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration of such factors as the amortization schedule the City has requested for the Bonds relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds; and 1 WHEREAS, such factors may result in the Bonds having a purchase price other than par and consequently, if the maximum authorized principal amount of the Bonds set forth in section 1 below does not exceed the Proceeds Requested by at least the amount of any discount, the purchase price to be paid to the City, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested. NOW, THEREFORE, BE IT RESOLVED by the City Councif of the City of Roanoke, Virginia: 1. Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $10,850,000.00 (the "Bonds") for the purpose of financing certain capital projects for school purposes as 1 described in Exhibit B. The Council hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the offer of VPSA to purchase from the City, and to sell to VPSA, the Bonds at a price, determined by VPSA to be fair and accepted by the Mayor and the City Manager, or either of them that is substantially equal to the Proceeds Requested, except that the Bonds may be sold for a purchase price not lower than 95% of the Proceeds Requested if issuing the Bonds in the maximum principal amount authorized by Section 1 of this Resolution is insufficient, given the VPSA Purchase Price Objective and market conditions, to generate an amount of proceeds substantially equal to the Proceeds Requested. The Mayor, the City Manager, or either of them and such other officer or officers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement, dated as of October 10, 2008, with VPSA providing for the sale of the Bonds to VPSA. The agreement shall be in substantially the form submitted to the Council at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 1 1 1 1 553 3. Details of the Bonds. The Bonds shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2008B"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2009 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The City Manager is hereby authorized and directed to accept the interest rates on the Bonds established by VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by VPSA for the corresponding principal payment date of the bonds to be issued by VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further that the true interest cost of the Bonds does not exceed five and fifty one-hundredths percent (5.50 %) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of VPSA. The City Manager is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by VPSA and Interest Payment Dates and the Principal Installments requested by VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment: Pavino Aoent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to VPSA at, or before 11 :00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11 :00 a.m. on the business day next succeeding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) Regions Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 554 7. Prepayment or Redemption. The Principal Installments of the Bonds held by VPSA coming due on or before July 15, 2018, and the definitive Bonds for which the Bonds held by VPSA may be exchanged that mature on or before July 15, 2018, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by VPSA coming due after July 15, 2018, and the definitive bonds for which the Bonds held by VPSA may be exchanged that mature after July 15, 2018, are subject to prepayment or redemption at the option of the City prior to their stated maturities in whole or in part, on any date on or after July 15, 2018, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: 1 Dates Prices July 15, 2018 through July 14, 2019 July 15, 2019 through July 14, 2020 July 15, 2020 and thereafter 101% 1 00% 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of VPSA or the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date 1 fixed for prepayment or redemption. 8. Execution of the Bonds. The Mayor or Vice-Mayor and the Clerk or any Deputy Clerk of the City are authorized and directed to execute and deliver the Bonds and to affix the seal of the City thereto. 9. Pledae of Full Faith and Credit. For the prompt payment of the principal of, premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. 1 1 1 1 555 10. Use of Proceeds Certificate and Certificate as to Arbitraqe. The Mayor, the City Manager and such other officer or officers of the City as either may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of . Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Council covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the City shall comply with the other covenants and representations contained therein and (ii) the City shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitraqe Proqram: Proceeds Aqreement. The Council hereby determines that it is in the best interests of the City to authorize and direct the City Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds, VPSA, the investment manager and the depository, substantially in the form submitted to the Council at this meeting, which form is hereby approved. . 12. Continuinq Disclosure Aqreement. The Mayor, the City Manager and such other officer or officers of the City as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix E to the Bond Sale Agreement, setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12, under the Securities Exchange Act of 1934, as amended, and directed to make all filings required by Section 3 of the Bond Sale Agreement should the City be determined by VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filinq of Resolution. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 14. Further Actions. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 556 15. Effective Date. This Resolution shall take effect immediately. 1 * * * The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on September 15, 2008, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present and that the attendance and voting of the members in attendance on the foregoing resolution were as follows: Present Absent Aye Nay Abstain David A. Bowers, Mayor Sherman P. Lea, Vice-Mayor Gwendolyn W. Mason Alvin L. Nash Anita J. Price Court G. Rosen David B. Trinkle WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this _ day of 1 September, 2008. Clerk, City of Roanoke, Virginia [SEAL] EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE General Obligation School Bond Series 2008B 1 1 1 1 557 The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2009 and annually on July 15 thereafter to and including July 15, 20_ (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on July 15, 2009 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, Regions Bank, as bond registrar (the "Bond Registrar"), shall make all payments of principal, premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11 :00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11 :00 a.m. on the business day next succeeding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the City Council authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the City Council and the School Board of the City to provide funds for capital projects for school purposes. 558 This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000.00 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registratiol) books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2018 and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15, 2018, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, 2018, and the definitive Bonds for which this Bond may be exchanged that mature after July 15, 2018, are subject to prepayment or redemption at the option of the City prior to their stated maturities in whole or in part, on any date on or after July 15, 2018, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2018 through July 14, 2019 July 15, 2019 through July 14, 2020 July 15, 2020 and thereafter 101% 1 00% 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. 1 1 All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, 1 is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. 1 1 1 559 IN WITNESS WHEREOF, the City Council of the City of Roanoke, Virginia has caused this Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice-Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated November 20, 2008. CITY OF ROANOKE, VIRGINIA (SEAL) ATTEST: Clerk, City of Roanoke, Virginia Mayor City of Roanoke, Virginia ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto 560 (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF I. ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended Registered Owner (Signature of Registered Owner) 1 (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, or change.) 1 561 1 SCHEDULE I Roanoke City Non-Subsidized Local School Bond Fiscal Principal Rate Interest Total Total 7/15/2009 $545,000 4.100% $314,239.06 $859,239.06 $0.00 1/15/2010 0 229,521.25 229,521.25 1,088,760.31 7/15/2010 545,000 4.100% 229,521.25 774,521.25 0.00 1/15/2011 0 218,348.75 218,348.75 992,8.70.00 7/15/2011 545,000 4.100% 218,348.75 763,348.75 0.00 1/15/2012 0 207,176.25 207,176.25 970,525.00 7/15/2012 545,000 4.100% 207,176.25 752,176.25 0.00 1/15/2013 0 196,003.75 196,003.75 948.180.00 7/15/2013 545,000 4.100% 196,003.75 741,003.75 0.00 1/15/2014 0 184,831.25 184.831.25 925,835.00 7/15/2014 545,000 4.350% 184,831.25 729,831.25 0.00 1/15/2015 0 172,977.50 172,977.50 902,808.75 7/15/2015 545,000 4.350% 172,977.50 717,977.50 0.00 1/15/2016 0 161,123.75 161,123.75 879,101.25 7/15/2016 545,000 4..350% 161,123.75 706.123.75 0.00 1/1512017 0 149,270.00 149,270.00 855,393.75 7/15/2017 545,000 4.600% 149,270.00 694,270.00 0.00 1/15/2018 0 136,735.00 136,735.00 831,005.00 7/15/2018 545,000 4.600% 136,735.00 681,735.00 0.00 1/15/2019 0 124,200.00 124,200.00 805,935.00 1 7/1512019 540,000 4.600% 124,200.00 664,200.00 0.00 1/15/2020 0 111,780.00 111,780.00 775,980.00 7/15/2020 540,000 4.600% 111,780.00 651,780.00 0.00 1/15/2021 0 99,360.00 99,360.00 751,140.00 7/15/2021 540,000 4.600% 99,360.00 639,360.00 0.00 1/1512022 0 86,940.00 86.940.00 726,300.00 7/15/2022 540,000 4.600% 86,940.00 626,940.00 0.00 1/15/2023 0 74,520.00 74,520.00 701,460.00 7/1512023 540,000 4.600% 74,520.00 614,520.00 0.00 1,/15/2024 0 62,100.00 62.100.00 676,620.00 7/1512024 "- 540,000 4.600% 62,100.00 602.100.00 0.00 1/15/2025 0 49,680.00 49,680.00 651,780.00 7/15/2025 540,000 4.600% 49,680.00 589,680.00 0.00 1/1512026 0 37,260.00 37,260.00 626,940.00 7/1512026 540,000 4.600% 37,260.00 577.260.00 0.00 1/1512027 0 24,840.00 24,840.00 602,100.00 7/15/2027 540,000 4.600% 24,840.00 564.840.00 0.00 1/15/2028 0 12,420.00 12,420.00 577,260.00 7/15/2028 540,000 4.600% 12,420.00 552,420.00 0.00 1/15/2029 0.00 0.00 552,420.00 7/1512029 0.00 0.00 0.00 1/15/2030 0.00 0.00 0.00 7/15/2030 0.00 0.00 0.00 1/15/2031 0.00 0.00 0.00 7/15/2031 0.00 0.00 0.00 1/1512032 0.00 0.00 0.00 7/15/2032 0.00 0.00 0.00 1/15/2033 0.00 0.00 0.00 7/15/2033 0.00 0.00 0.00 1 1/15/2034 0.00 0.00 0.00 Debt Total $10,850,000.00 $4,992,414.06 $15,842,414.06 $15,842,414.06 562 EXHIBIT B The proceeds of the Bonds will be used to finance (i) the construction of certain capital improvements and the acquisition and installation of certain capital equipment for William Fleming High School, and (ii) roof replacements at Hurt Park Elementary School, Fairview Elementary School and Forest Park Academy (collectively, the "Project"), provided that any proceeds not needed for the Project may be expended on any other capital improvement for school purposes within the City of Roanoke, Virginia. APPROVED ATTEST: ~60.~ Stephanie M. Moon, CMC City Clerk 9Q@~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38241-091508. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of City owned property designated as Tax Map No. 3012827, located at 120 Commonwealth Avenue, NE, Roanoke; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held September 15, 2008, 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. BE IT ORDAINED by the Council of the City of Roanoke that: 1 1 1 1 1 1 563 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 Anstey Hodge Advertising Group, Incorporated, of a parcel of City owned property, being Tax Map No. 3012827, located at 120 Commonwealth Avenue, NE, Roanoke, for the consideration of $41,800.00, upon the terms and conditions set forth in the City Manager's letter to this Council dated September 15, 2008. 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: ~d1I'n-r Stephanie M. Moon, CMC City Clerk ~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2008. No. 38242-091508. AN ORDINANCE authorizing the proper City officials to execute a deed conveying to Southeast STB Portfolio, LLC, certain City owned property located between the Suntrust Building and Jefferson Street right-of-way, and identified as Tax Map No. 4015001, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further action as may be necessary to accomplish the above matters; and dispensing with the second reading by title of this Ordinance. 564 WHEREAS, the Council for the City of Roanoke, after proper advertisement, held a public hearing on the above matter on September 15, 2008, pursuant to Sections 15.2-1800 and 15.2-1813, of the Code of Virginia (1950), as amended, at which hearing all parties and citizens were afforded an opportunity to be heard on the above matters. 1 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized on behalf of the City to execute and attest, respectively, a deed conveying to Southeast STB Portfolio, LLC, certain City owned property located between the Suntrust Building and Jefferson Street right-of-way, and identified as Tax Map No. 4015001, upon certain terms and conditions as set forth in the City Manager's letter to this Council dated September 15, 2008. 2. The City Manager is further authorized to execute such further documents, and take such further action as may be necessary to accomplish the above matters and complete the sale of the above-mentioned property to Southeast STB Portfolio, LLC, with the form of such documents to be approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second 1 reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: ~:::~~ City Clerk c---...,rJ F'r?~~ ~ ~ ~ _ ~ V;;t"- -~ - -- David A. Bowers Mayor 1 I 1 1 565 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 2008. No. 38243-100608. AN ORDINANCE temporarily changing the polling place for Jefferson #2 Precinct from the Roanoke City School Maintenance Building, 250 Reserve Avenue, S. W., to the National Guard Armory, 32 Reserve Avenue, S. W.; and dispensing with the second reading of this ordinance. WHEREAS, the National Guard Armory, 32 Reserve Avenue, S. W., is the regular polling place for Jefferson Precinct #2; WHEREAS, following the tragic events of September 11, 2001, the Armory became unavailable as a polling place, and the polling place was relocated indefinitely, on an emergency basis, to the Roanoke City School Maintenance Building, 250 Reserve Avenue, S. W.; WHEREAS, due to the unusually high turnout for the Presidential primaries in February and the increase in registered voters throughout the summer, the Electoral Board feels that the space at the Roanoke City School Maintenance Building, the temporary polling place for Jefferson #2 Precinct, will not be sufficient for the November 4,2008, Presidential election; WHEREAS, by Resolution dated September 8, 2008, the Roanoke City Electoral Board has recommended the temporary return of the polling place for Jefferson #2 Precinct to the National Guard Armory, such polling place being located within such precinct as required by S24.2-31 0, Code of Virginia (1950), as amended; and WHEREAS, the Electoral Board has given notice of such emergency relocation of polling place to the State Board of Elections and has obtained approval of such change from the Board pursuant to S24.2-310.D., Code of Virginia (1950), as amended, and the Electoral Board will give notice of this change in polling place by mail to all registered voters in the Jefferson #2 Precinct at least fifteen (15) days prior to all elections, and public notice of such change, pursuant to S24.2-306, Code of Virginia (1950), as amended; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 566 1. The polling place for Jefferson #2 Precinct shall be relocated indefinitely from the Roanoke City School Maintenance Building, 250 Reserve Avenue, S. W., to the National Guard Armory, 32 Reserve Avenue, S. W. 2. The City Clerk is directed to forward attested copies of this ordinance to Beryl Y. Brooks, General Registrar, so that notice of this change in polling place can be mailed to all registered voters of Jefferson #2 Precinct, and to the Chief, Voting Section, Civil Rights Division, United States Department of Justice. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~Oh. rr;6N Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 2008. No. 38244-100608. A RESOLUTION authorizing acceptance of a Edward Byrne Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The City Manager is hereby authorized on behalf of the City to accept from the U.S. Department of Justice a Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $51,083.00, no local matching funds are required. Such grant is more particularly described in the letter of the City Manager to Council dated October 6, 2008. 1 1 1 1 1 1 567 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the Edward Byrne Memorial Justice Assistance Grant (JAG), 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: ~n;'~()&N Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 2008. No. 38245-100608. AN ORDINANCE to appropriate funding from the Federal Government Edward Byrne Memorial Justice Assistance Grant for continuation of a bicycle patrol program, amending and reordaining certain sections of the 2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime FICA Revenues Byrne JAG Bike Patrol FY09 35-640-3622-1003 35-640-3622-1120 $ 47,453.00 3,630.00 35-640-3622-3622 51 ,083.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ht. )r}~ Stephanie M. Moon, CMd City Clerk 9CL-~ David A. Bowers Mayor 568 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 1 The 6th day of October, 2008. No. 38246-100608. AN ORDINANCE authorizing a second amendment to a contract entered into by and between the City of Roanoke and Betty M. Branch dated September 10, 1999, regarding the Firefighter Memorial Sculpture. WHEREAS, the City and the Artist entered into a Contract dated September 10, 1999, for the Artist to create a work of art to be located at the Virginia Museum of Transportation; WHEREAS, the Contract dated September 10, 1999, was amended on July 10, 2001, allowing the artist to make up to four castings of the original work; WHEREAS, the Contract allowed the City to have complete authority to reproduce the Work which could include three dimensional renderings; and WHEREAS, the City and the Artist have agreed that they prefer only non-three dimensional renderings of the Work be made. NOW, THERE FORE, BE IT ORDAINED by the Council of the City of Roanoke 1 as follows: 1 . The City Manager and City Clerk are authorized to execute and attest, respectively, an amendment to the agreement dated September 10, 1999, between Betty M. Branch and the City of Roanoke. Such amendment shall permit the City to reproduce the Work in non-three dimensional items. 2. Attorney. The contract amendment shall be in such form as is approved by the City 3. effect. All of the remaining provisions of the contract shall remain in full force and APPROVED ATTEST: ~m'0(JMJ Stephanie M. Moon, CMC City Clerk SJ)~~ David A. Bowers Mayor 1 1 1 1 569 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 2008. No. 38247-100608. AN ORDINANCE to adjust funding from the Commonwealth for current year budget reductions, amending and reordaining certain sections of the 2008-2009 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 2008-2009 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Revenues Rolling Stock Tax Rental Car Tax Commonwealth's Attorney Sheriff Commissioner of Revenue Treasurer Registrar Jail Per Diems Library Law Enforcement-599 General Relief CSA-State Pool Allocation VJCCCA State Budget Reductions 01-110-1234-0604 01-110-1234-0605 01 -11 0-1234-061 0 01-11 0-1234-0611 01-11 0-1234-0612 01 -11 0-1234-0613 01 -11 0-1234-061 5 01-110-1234-0651 01-110-1234-0656 01-110-1234-0658 01-11 0-1234-0674 01-11 0-1234-0691 01-110-1234-0723 01-110-1234-0607 $ 6,000.00 9,000.00 37,000.00 330,000.00 7,000.00 6,000.00 3,000.00 52,000.00 9,000.00 280,000.00 10,000.00 363,000.00 23,000.00 (1,135,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~rn.n;()7NJ Stephanie M. Moon, CMC City Clerk APPROVED CJ)Q~ David A. Bowers Mayor 570 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 2008. No. 38248-100608. A RESOLUTION reappointing a Director of the Economic Development Authority of the City of Roanoke to fill a four (4) year term on the Board of Directors. WHEREAS, the Council is advised that the term of office of Charles E. Hunter, a Director of the Economic Development Authority of the City of'Roanoke, Virginia, will expire October 20, 2008; and WHEREAS, 915.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Charles E. Hunter is hereby reappointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, for a term of four (4) years commencing October 21 , 2008, and expiring October 20, 2012. APPROVED ATTEST: ~ti;, YrJhtvV Stephanie M. Moon, CMC City Clerk 9~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 2008. No. 38249-100608. A RESOLUTION appointing a Director of the Economic Development Authority of the City of Roanoke to fill the remaining portion of an unexpired four (4) year term on its Board of Directors. 1 1 1 I 1 1 571 WHEREAS, the Council is advised that Stuart H. Revercomb, a Director of the Economic Development Authority of the City of Roanoke, Virginia, resigned effective August 4, 2008, from a position the term of which is to expire October 20, 2009, and the vacancy has not been filled; and WHEREAS, 915.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years, except appointments to fill vacancies which shall be for the remainder of the unexpired term. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Chris D. Berry is hereby appointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, to fill the remaining portion of the four (4) year term of Stuart H. Revercomb which commenced on October 20,2005, and will expire on October 20,2009. APPROVED ATTEST: R7:-.l i .A ~ -:" ) 1?7. n; oVyoj 1~'j;i{~;M.~n, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 2008. No. 38250-100608. A RESOLUTION urging all citizens to join in observing Veterans Day, recognizing and honoring the commitment and sacrifice of all veterans. WHEREAS, November 11 is celebrated as the end of World War I, as fightin~ ended at 11 :00 a.m., November 11, 1918 (the 11 th hour of the 11 th day of the 11 t month); this become known as "Armistice Day" and was later proclaimed as Veterans Day after World War II and the Korean Conflict ended; WHEREAS, Veterans Day is dedicated to the extraordinary Americans who protected our freedom in years past, and to those who protect it today. They represent the very best of our Nation. Every Soldier, Sailor, Airman, Marine, and Coast Guardsman has earned the lasting gratitude of the American people, and their service and sacrifice will be remembered forever; 572 WHEREAS, millions of American men and women have answered the call to duty in defending the hard-won freedoms we enjoy today; WHEREAS, it is of paramount importance that the sacrifice and commitments made by those persons who have served our nation in the armed forces, and that continue to be made by those serving today, not be forgotten and serve as a constant reminder of the ideals and principles of our Country; and WHEREAS, on Veterans Day, we honor these extraordinary Americans for their service and sacrifice, and we pay tribute to the legacy of freedom and peace that they have given our great Nation. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council takes this opportunity to urge all citizens on Veterans Day, November 11, 2008, to remember, recognize and honor the unselfish service of all veterans in all wars and military actions who have valiantly served their country. APPROVED ATTEST: ~tP7. ldJow Stephanie M. Moon, CMC City Clerk SJJQ:1~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 2008. No. 38251-102308. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Compensation Board Technology Trust Fund for Supreme Court of Virginia fees for optical imaging and maintenance charges in the Office of Circuit Court Clerk, amending and reordaining certain sections of the 2008-2009 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 2008-2009 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 1 1 1 1 1 1 573 Appropriations Fees for Professional Services Maintenance Contracts Revenues Clerk of Circuit Court 01-120-2111-2010 01-120-2111-2005 $ 19,991.00 46,423.00 01 -11 0-1234-061 6 66,414.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~r>7.n;o~ Stephanie M. Moon, CMC City Clerk ~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 2008. No. 38252-102308. A RESOLUTION closing certain City offices on Friday, Dec~mber 26, 2008, and Friday, January 2, 2009 and providing for additional holiday leave for all City employees. BE IT RESOLVED by the Council of the City of Roanoke that: 1. City offices that are not engaged in performing emergency services or other necessary and essential services of the City shall be closed on Friday, December 26,2008, and Friday, January 2, 2009. 2. City personnel who are not engaged in performing emergency services or other necessary and essential services for the City shall be excused from work for eight hours on Friday, December 26, 2008, and eight hours on Friday, January 2, 2009. 574 3. With respect to emergency service employees and other employees performing necessary and essential services who cannot for reasons of public health, safety or welfare be excused from work on Friday, December 26, 2008, and Friday, January 2, 2009, such employees, regardless of whether they are scheduled to work on Friday, December 26, 2008, or Friday, January 2, 2009, shall be accorded time off at a later date. Employees of the Fire-EMS Department working the three platoon system shall receive a total of twenty-four hours of holiday time due to their work schedule for the two holidays. 4. Adherence to this resolution shall cause no disruption or cessation of the performance of any emergency, essential or necessary public service rendered or performed by the City. APPROVED ATTEST: ~P7.h;o~ Stephanie M. Moon, CMC City Clerk ~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 2008. No. 38253-102308. AN ORDINANCE amending Sec. 20-28, Tax Imposed, of Article II, Vehicle Licenses, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (n); and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 20-28, Tax Imposed, of Article II, Vehicle Licenses, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: Sec. 20-28. Tax Imposed. * * * 1 1 1 1 1 1 575 (n) Notwithstanding the provisions above, there shall be no license tax for vehicles with a gross weight exceeding 10,000 pounds owned by museums officially designated by the Commonwealth. 2. Pursuant to Section 12, Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ATTEST: AAi~ 11;. n;/)~ Stephanie M. Moon, CMC City Clerk 5JJCf1p~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 2008. No. 38254-102308. AN ORDINANCE adopting City of Roanoke Revised Guidelines Regarding Proposals Made Pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002 (Revised Guidelines); authorizing the City's Director of General Services to make such procedures publicly available; authorizing the City Manager to take such further action as may be necessary to implement, administer, and enforce such Guidelines; and dispensing with the second reading by title of this ordinance. ._<,.\ WHEREAS, based upon the recommendations of the City Manager in her letter dated October 23,2008, to this Council, City Council has determined that in view of the various changes to the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) as mentioned in such letter, it is in the best interest of the City to adopt the Revised Guidelines for the implementation and administration of the PPEA pursuant to the provisions of Code of Virginia (1950), as amended 9 56-575.1 et seQ. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1 . As required by PPEA, City Council hereby approves and adopts the "City of Roanoke Revised Guidelines Regarding Proposals Made Pursuant to the Public- Private Education Facilities and Infrastructure Act of 2002," which is attached to the City Manager's letter to Council dated October 23,2008. 576 2. The City's Director of General Services is hereby authorized and directed to make such procedures publicly available as required by the PPEA, which may include posting such procedures on the City's website. 1 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 Guidelines. 4. Pursuant to the provision of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~/l7 hjOJr0 Stephanie M. Moon, CMC City Clerk 9~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 1 The 23rd day of October, 2008. No. 38255-102308. AN ORDINANCE authorizing the City Manager to execute a Third Amendment to the November 10, 2005, Operating Agreement between the City of Roanoke (City) and Meadowbrook Golf Group, Inc. (Meadowbrook); authorizing the City Manager to take such further action and execute additional documents to implement and administer such Amendment to the Operating Agreement; and dispensing with the second reading by title of this ordinance. WHEREAS, the City and Meadowbrook entered into an Operating Agreement dated November 10, 2005, for Meadowbrook to operate, manage and conduct the business and services of the Countryside Golf Club for one year, which was extended by a First Amendment dated September 21, 2006, for an additional one year period, and further extended by a Second Amendment dated October 17, 2007, for another one year period; WHEREAS, Section 4 of the Operating Agreement established the term of such Operating Agreement to be from November 1,2005, through October 31,2006, but was 1 subject to being renewed for additional terms of one year; and 1 1 1 577 WHEREAS, the City and Meadowbrook wish to extend the term of the Operating Agreement for one additional year, until October 31, 2009, upon certain terms and conditions as set forth in the Third Amendment, Second Amendment, First Amendment, and in the Operating Agreement; and THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1 . The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a Third Amendment to the Operating Agreement with Meadowbrook dated November 10, 2005, for a term of one additional year, from November 1, 2008, through October 31, 2009, and such other terms and conditions as the City Manager deems appropriate, for Meadowbrook to operate, manage and conduct the business and services of the Countryside Golf Club, all as more particularly set forth in the City Manager's letter to Council dated October 23, 2008; such amendment to be approved as to form by the City Attorney. 2. The City Manager is further authorized to take such action and execute such additional documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment, as well as the Operating Agreement and any other Amendments. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~PJ.i!)~ Stephanie M. Moon, CMC City Clerk c;;;x@~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 2008. No. 38256-102308. A RESOLUTION approving the 2008 Revised City of Roanoke Environmental Policy Relating to the Acquisition of Real Property, recommended by the City Attorney's letter dated October 23, 2008, to this Council. 578 WHEREAS, in the acquisition of any interest in real property, any grantee, including the City of Roanoke, is exposed to potential liability under federal and state environmental laws; 1 WHEREAS, City Council first adopted an Environmental Policy relating to the Acquisition of Real Property in 1993, and Federal laws relating to the Policy have changed over the years, necessitating a review of the City's policy; WHEREAS, under these circumstances, it is prudent for the City to acquire real property pursuant to a policy designed to attempt to protect the City from such environmental liability exposure; WHEREAS, the 2008 Revised City of Roanoke Environmental Policy Relating to the Acquisition of Real Property ("2008 Revised Environmental Policy"), recommended by the City Attorney's letter dated October 23, 2008, which Policy was attached to such letter, is a balanced Policy, which updates the City's Policy with the goal of protecting the City from potential environmental risks and liabilities associated with real property acquisition without unduly restricting the ability of the City to carry out projects for the orderly development of the City; and WHEREAS, this Council is desirous of approving, endorsing, and adopting the 1 2008 Revised Environmental Policy, which will replace the current Policy; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the 2008 Revised Environmental Policy recommended by thE? City Attorney is hereby approved, endorsed, and adopted by this Council and shall be, adhered to by all officers and employees of the City in the acquisition of an interest in real property for or on behalf of the City. APPROVED ~Tp~. ~_. ~~ /YJ.iryryJ Stephanie M. Moon, CMC City Clerk ~S-~~ Mayor 1 1 1 1 579 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 2008. No. 38257-102308. A RESOLUTION authorizing the sale of not to exceed Seventeen Million Eight Hundred Fifty Thousand Dollars ($17,850,000.00) of City Of Roanoke, Virginia, General Obligation Public Improvement Bonds, series 2008A, to the Virginia Resources Authority BE IT RESOLVED by the Council of the City of Roanoke, Virginia: SECTION 1. Findinas and Determinations. (a) On May 19, 2008, the Council (the "Council") of the City of Roanoke, Virginia (the "City"), following a public hearing duly noticed and held in accordance with the provisions of Section 15.2-2606.A of the Code of Virginia, .1950 (the "Virginia Code"), adopted Resolution No. 38098-051908 authorizing the issuance of $5,500,000.00 principal amount of General Obligations of the City in the form of General Obligation Public. Improvement Bonds of the City for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlarging and equipping of public buildings of and for the City, such resolution being entitled "A RESOLUTION authorizing the issuance of Five Million Five Hundred Thousand Dollars ($5,500,000.00) 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 co~ts 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 anticipation of the issuance and sale of such bonds; delegating to the City Manager and the Director of Finance certain powers with respect to the sale and determination of the details of such bonds and notes; and otherwise providing with respect to the issuance, sale and delivery of such bonds and notes". 580 (b) On July 21,2008, the Council, following a public hearing duly noticed and held in accordance with the provisions of Section 15.2-2606.A of the Virginia Code, adopted Resolution No. 38166-072108 authorizing the issuance of $6,640,000.00 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, enlarging and equipping of various public parking facilities of and for the City, such resolution being entitled "A RESOLUTION authorizing the issuance of Six Million Six Hundred Forty Thousand Dollars ($6,640,000) principal amount of General Obligations of the City of Roanoke, Virginia, in the form of General Obligation Public Improvement Bonds of such City, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and for such city; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds; authorizing the preparation of a preliminary official statement and an official statement relating to such bonds and the distribution thereof and the execution of a certificate relating to such official statement; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing and providing for the issuance and sale of a like principal amount of General Obligation Public Improvement Bond anticipation notes in anticipation of the issuance and sale of such bonds; delegating' to the City Manager and the Director of Finance certain powers with respect to the sale and determination of the details of such bonds and notes; and otherwise providing with respect to the issuance, sale and delivery of such bonds and notes". (c) On August 18, 2008, the Council, following a public hearing duly noticed and held in accordance with the provisions of Section 15.2606.A of the Virginia Code, adopted Resolution No. 38205-081808 (collectively, with Resolution No. 38098-051908 and Resolution No. 38166-072108, the "Bond Authorizing Resolutions"), authorizing the issuance of $8,210,000 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, enlarging and equipping of various public improvement projects of the City, such resolution being entitled "A RESOLUTION authorizing the issuance of Eight Million Two Hundred Ten Thousand Dollars ($8,210,000.00) principal amount of General Obligations of the City of Roanoke, Virginia, in the form of general obligation public improvement bonds of such City, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for such city; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds; authorizing the preparation of a preliminary official statement and an official statement relating to such bonds and the distribution thereof and the execution of a certificate relating to such official statement; authorizing the execution and delivery of a 1 1 1 1 1 1 581 continuing disclosure certificate relating to such bonds; authorizing and providing for the issuance and sale of a like principal amount of General Obligation Public Improvement Bond anticipation notes in anticipation of the issuance and sale of such bonds; delegating to the City Manager and the Director of Finance certain powers with respect to the sale and determination of the details of such bonds and notes; and otherwise providing with respect to the issuance, sale and delivery of such bonds and notes". (d) The Council has determined to authorize the sale of not to exceed $17,850,000.00 principal amount of the General Obligation Public Improvement Bonds of the City authorized for issuance under. the provisions of the Bond Authorizing Resolutions to the Virginia Resources Authority (the "Authority") in accordance with the provisions of the Bond Authorizing Resolutions and this Resolution. SECTION 2. Authorization of Sale of Series 2008A Bonds to Virginia Resources Authority. Pursuant to Chapter 26 of Title 15.2 of the Virginia Code, the same being the Public Finance Act of 1991, and the Bond Authorizing Resolutions, the Council hereby authorizes the sale of not to exceed $17,850,000.00 principal amount of the General Obligation Public Improvement Bonds authorized for issuance under the Bond Authorizing Resolutions to the Authority on such date or dates and at such price or prices (in any event not less than ninety-two per centum (92.00%) of the principal amount thereof) as shall be determined by the City Manager and the Director of Finance. Such General Obligation Public Improvement Bonds shall be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 2008A" (hereinafter referred to as the "Series 2008A Bonds"). The City Manager and the Director of Finance (i) are hereby authorized to determine the dated date of the Series 2008A Bonds, the dates the Series 2008A Bonds shall mature (in any event not .Iater than twenty-five (25) years from their dated date), the dates on which interest on the Series 2008A Bonds shall be payable, the aggregate principal amount of the Series 2008A Bonds (in any event not to exceed $17,850,000.00) and the principal amount of the Series 2008A Bonds maturing in each year and (ii) are hereby further authorized to sell the Series 2008A Bonds to the Authority on such terms and conditions as shall be determined by the City Manager and the Director of Finance; provided that in no event shall the true interest cost with respect to the Series 2008A Bonds exceed seven per centum (7.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Series 2008A Bonds of each maturity as shall be determined by the Authority and approved by the City Manager and the Director of Finance in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to provide for the redemption of the Series 2008A Bonds on such terms and conditions as shall be determined by the Authority and approved by the City Manager and the Director of Finance; provided, however, in no event shall any redemption premium payable by the City exceed two per centum (2.00%). 582 SECTION 3. Authorization of Execution and Delivery of Financinq Agreement. 1 Local Bond Sale Aqreement. Nonarbitraqe Certificate and Tax Compliance Aqreement and Other Closinq Documents. In connection with the sale of the Series 2008A Bonds to the Authority, the City Manager is hereby authorized and directed to deliver to the Authority a Financing Agreement by and between the City and the Authority (the "Financing Agreement"), a Local Bond Sale Agreement by and between the City and the Authority (the "Bond Sale Agreement") and a Nonarbitrage Certificate and Tax Compliance Agreement by and between the City and the Authority (the "Nonarbitrage Certificate and Tax Compliance Agreement") in such forms as shall be approved by the City Manager upon the advice of counsel (including the City Attorney and Bond Counsel to the City), such approval to be conclusively evidenced by the execution and delivery of the Financing Agreement, the Bond Sale Agreement and the Nonarbitrage and Tax Compliance Agreement by the City Manager. The City Manager, the City Attorney, the City Treasurer, the Director of Finance and other officials of the City are hereby authorized and directed to execute and deliver such other closing documents relating to the sale of the Series 2008A Bonds to the Authority under the Financing Agreement, the Bond Sale Agreement and the Nonarbitrage Certificate and Tax Compliance Agreement as the City Manager, the City Attorney, the City Treasurer, the Director of Finance and other officials of the City shall, upon the advice of the City Attorney or Bond Counsel to the City, deem to be necessary or desirable. SECTION 4. Form of Series 2008A Bonds: Appointment of Reqistrar and Paving 1 AQent. (a) The Series 2008A Bonds, the certificate of authentication of the Registrar and Paying Agent and the assignment endorsed on the Series 2008A Bonds, shall be in substantially the forms set forth as exhibits to the Bond Authorizing Resolutions and as an exhibit to the definitive form of the Financing Agreement. (b) Regions Bank, in the City of Richmond, Virginia, is hereby appointed to serve as Registrar and Paying Agent for the Series 2008A Bonds. SECTION 5. Official Statement. The Council authorizes and consents to the inclusion of information with respect to the City in the Preliminary Official Statement and final Official Statement of the Authority, both prepared in connection with the sale by the Authority of an issue of its bonds, a portion of the proceeds of which are to be used by the Authority to purchase the City's Series 2008A Bonds. SECTION 6. SNAP Investment Authorization. The Council, having been advised by the City Manager and the Director of Finance that the City has heretofore received and reviewed the Information Statement (the "Information Statement") describing the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non-Arbitrage Program Pool I (the "Contract"), hereby authorizes the City Treasurer to use SNAP in connection with the investment of the proceeds of the Series 2008A Bonds. The Council hereby acknowledges the Treasury 1 Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. 1 1 1 583 SECTION 7. Filinq of Resolution with Circuit Court. The City Clerk is hereby directed to file a copy, of this Resolution, certified by the City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, in accordance with the provisions of Section 15.2-2607 of the Virginia Code. SECTION 8. Provisions of Bond Authorizinq Resolutions to Continue in Effect Except as Modified bv This Resolution; Conflictinq Ordinances. Resolutions and Proceedinqs. The provisions of the Bond Authorizing Resolutions shall continue in full force and effect except to the extent modified by this Resolution. All ordinances, resolutions and proceedings in conflict with the Bond Authorizing Resolutions and this Resolution are, to the extent of such conflict, hereby repealed. SECTION 9. Effectiveness of Resolution. This Resolution shall be in effect from and after the adoption of this Resolution by the Council. APPROVED ATTEST: ~m.n;/)~ Stephanie M. Moon, CMC City Clerk 9(2gr~ David A. Bowers Mayor [Subsidy] IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 2008. No. 38258-102308. RESOLUTION AMENDING A RESOLUTION authorizing the issuance of not to exceed $7,500,000.00 General Obligation School Bonds of the City of Roanoke, Virginia, Series 2008A, to be sold to the Virginia Public School Authority. WHEREAS, on September 15, 2008, the Council (the "Council") of the City of Roanoke, Virginia (the "City") adopted Resolution No. 38239-091508 (the "Subsidy Bond Resolution") authorizing the issuance and sale to the Virginia Public School Authority ("VPSA") of the City's not to exceed $7,500,000.00 General Obligation School Bonds, Series 2008A (the "Subsidy Bonds") to finance a portion of the cost of replacing William Fleming High School; and 584 WHEREAS, the Subsidy Bond Resolution authorized and directed the City Manager to accept the interest rates on the Subsidy Bonds established by VPSA, equal to ten one-hundredths of one percent (0.10%) over the interest rate to be paid by VPSA for the corresponding principal payment date of the bonds to be issued by VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, provide that the true interest cost of the Subsidy Bonds does not exceed five and fifty one- hundredths percent (5.50 %) per annum (such maximum true interest cost of the Subsidy Bonds, the "Maximum TIC"); and WHEREAS, VPSA has advised that, due to unexpected market conditions, the true interest cost of the VPSA Bonds likely will be higher than anticipated and accordingly that the true interest cost of the Subsidy Bonds might exceed the Maximum TIC authorized by the Subsidy Bond Resolution; and WHEREAS, the Council has determined that it is necessary and expedient to increase the Maximum TIC; NOW, THEREFORE, BE IT RESOLVED by the City Council of The City of Roanoke, Virginia: 1. Amendment. Paragraph 4 of the Subsidy Bond Resolution is hereby amended to read in its entirety as follows: 4. Interest Rates and Principal Installments. The City Manager is hereby authorized and directed to accept the interest rates on the Bonds established by VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by VPSA for the corresponding principal payment date of the bonds to be issued by VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed seven percent (7.0 %) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of VPSA. The City Manager is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by VPSA and Interest Payment Dates and the Principal Installments requested by VPSA as having been so accepted as authorized by this Resolution. 2. Subsidy Bond Resolution Ratified and Confirmed. . Except as amended hereby, the Subsidy Bond Resolution is hereby ratified and confirmed, and remains in full force and effect. 1 1 1 1 1 1 585 3. Filinq of Resolution. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 4. Further Actions. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection with the issuance and sale of the Subsidy Bonds and any such action previously taken is hereby ratified and confirmed. 5. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on October 23, 2008, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present and that the attendance and voting of the members in attendance on the foregoing resolution were as follows: Present Absent Abstain Aye Nay David A. Bowers, Mayor Sherman P. Lea, Vice Mayor Gwendolyn W. Mason Alvin L. Nash Anita J. Price Court G. Rosen David B. Trinkle WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this _ day of October, 2008. Clerk, City of Roanoke, Virginia [Seal] APPROVED ATTEST: SJQSV~ David A. Bowers Mayor --' /Y). (:)()I)AJ Step anie M. Moon, CMC City Clerk 586 [Non-Subsidy] 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 2008. No. 38259-102308. RESOLUTION AMENDING A RESOLUTION authorizing the issuance of not to exceed $10,850,000.00 General Obligation School Bonds of the City of Roanoke, Virginia, Series 2008B, to be sold to the Virginia Public School Authority. WHEREAS, on September 15, 2008, the Council (the "Council") of the City of Roanoke, Virginia (the "City") adopted Resolution No. 38240-091508 (the "Non-Subsidy Bond Resolution") authorizing the issuance and sale to the Virginia Public School Authority ("VPSA") of the City's not to exceed $10,850,000.00 General Obligation School Bonds, Series 2008B (the "Non-Subsidy Bonds") to finance a portion of the cost of replacing William Fleming High School of replacing the roofs of certain other schools in the City; and WHEREAS, the Non-Subsidy Bond Resolution authorized and directed the City Manager to accept the interest rates on the Non-Subsidy Bonds established by VPSA, 1 equal to ten one-hundredths of one percent (0.10%) over the interest rate to be paid by VPSA for the corresponding principal payment date of the bonds to be issued by VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, provide that the true interest cost of the Non-Subsidy Bonds does not exceed five and fifty one-hundredths percent (5.50 %) per annum (such maximum true interest cost of the Non-Subsidy Bonds, the "Maximum TIC"); and WHEREAS, VPSA has advised that, due to unexpected market conditions, the true interest cost of the VPSA Bonds likely will be higher than anticipated and accordingly that the true interest cost of the Non-Subsidy Bonds might exceed the Maximum TIC authorized by the Non-Subsidy Bond Resolution; and WHEREAS, the Council has determined that it is necessary and expedient to increase the Maximum TIC; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Of Roanoke, Virginia: 1 . Amendment. Paragraph 4 of the Non-Subsidy Bond Resolution is hereby amended to read in its entirety as follows: 1 I 1 1 587 4. Interest Rates and Principal Installments. The City Manager is hereby authorized and directed to accept the interest rates on the Bonds established by VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by VPSA for the corresponding principal payment date of the bonds to be issued by VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed seven percent (7.0 %) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of VPSA. The City Manager is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by VPSA and Interest Payment Dates and the Principal Installments requested by VPSA as having been so accepted as authorized by this Resolution. 2. Non-Subsidv Bond Resolution Ratified and Confirmed. Except as amended hereby, the Non-Subsidy Bond Resolution is hereby ratified and confirmed, and remains in full force and effect. 3. Filinq of Resolution. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 4. Further Actions. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection with the issuance and sale of the Non- Subsidy Bonds and any such action previously taken is hereby ratified and confirmed. 5. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on October 23, 2008, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present and that the attendance and voting of the members in attendance on the foregoing resolution were as follows: Present Absent Aye Nay Abstain David A. Bowers, Mayor Sherman P. Lea, Vice Mayor Gwendolyn W. Mason Alvin L. Nash Anita J. Price Court G. Rosen David B. Trinkle 588 WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this _ day of October, 2008. Clerk, City of Roanoke, Virginia [Seal] APPROVED ATTEST: ~m.(Y)o~ Stephanie M. Moon, CMC City Clerk 9q:){~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 2008. No. 38260-102308. AN ORDINANCE to appropriate funding from the Commonwealth government amending and reordaining certain sections of the 2008-2009 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 2008-2009 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teacher Salary Social Security Revenues State G rant Receipts 302-110-1305-0230-347C-61100-41121-3-01 $ 4,645.00 302-110-1305-0230-34 7C-611 00-42201-3-01 355.00 302-000-0000-0000-347C-00000-32400-0-00 5,000.00 1 1 1 1 1 1 589 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~.h-;o~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 2008. No. 38261-102308. AN ORDINANCE amending and reordaining Section 2-15, Rules of Procedure, of Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, amending certain of City Council's rules of procedure; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 2-15, Rules of Procedure, of Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: ~2-15. Rules of Procedure. Pursuant to section 8 of the Charter, providing for the determination of its rules by the council, the following rules set out in this section are adopted. Rule 1. Regular meetings; organizational meeting; amendments to meeting schedule; continuance of meeting due to emergency; and adjournment of meetings. (a) Council shall hold regular meetings on such days as may be prescribed by resolution of the council adopted at its organizational meeting pursuant to subsection (b) hereof. Should the day established by city council as the regular meeting day fall on any legal holiday of the city, the meeting 590 shall be held on the next following regular business day, without action of any kind by the city council. Meetings of city council shall be automatically adjourned at 11 :00 p.m., unless a motion setting a new time for adjournment be made, seconded and unanimously adopted. The regular meetings of council shall be held in the Council Chambers, Room 450 of the municipal building in the city, unless otherwise provided by resolution of council. I (b) The first meeting of city council in the month of July shall be referred to as the organizational meeting. The days, times and places of regular meetings to be held during the ensuing months shall be established by resolution at the organizational meeting. (c) If the city council subsequently prescribes any public place other than the initial public meeting place, or any day or time other than that initially established, as a meeting day, place or time, the city council shall pass a resolution as to such future meeting day, place or time. The city council shall cause a copy of such resolution to be posted on the door of the Council Chamber and inserted in a newspaper having a general circulation in the city at least seven (7) days prior to the first such meeting at such other day, place or time. I (d) A regular meeting of city council may be continued if the mayor, or vice-mayor if the mayor is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the regular meeting. Such findings shall be communicated to the members and the media as promptly as possible. All hearings and other matters previously advertised shall be conducted at the continued meeting, and no further advertisement shall be required. Any such continuance declared in the discretion of the mayor or vice- mayor shall be not beyond the time fixed for the next regular meeting. (e) Regular meetings of city council, without further public notice, may be adjourned from day to day or from time to time or from place to place, not beyond the time fixed for the next regular meeting, until the business before the governing body is completed. I I (f) As long as council conducts at least two (2) regular meetings each month, as required by section 10 of the Charter, if the mayor determines that there is no business to be conducted at a scheduled meeting, the mayor may cancel such meeting, in which event the city clerk shall give such notice as is practical of such cancellation to city council, the public, and the news media. Rule 2. Call and notice of special meetings. Special meetings of the council may be held pursuant to call and notice thereof meeting the requirements of section 10 of the Charter. Rule 3. Limitation on business at special meetings. At any special meeting of the council, only such business may be transacted or such legislation enacted as may be mentioned in the call for such meeting or as incident thereto. I Rule 4. General duties of mayor as chairman. The mayor shall be the chairman of meetings of the council, and shall preserve order and decorum during sessions, decide all points of order, subject to appeal to the council, and appoint such committees as may be ordered by the council and not otherwise appointed. Rule 5. Vice-mayor to preside in mayor's absence; duty of members to vote. In the absence of the mayor, the vice-mayor shall call the council to order and preside over its meetings. Every member present, when a question is put, shall vote, unless the council, for good and sufficient reasons, excuses him from so doing or such member is prohibited from voting by the provisions of the Virginia Conflicts of Interest Act. Rule 6. Aye and nay vote. An "aye" and "nay" vote shall be taken for the passage or adoption of all ordinances and resolutions and may be taken upon any other matter when required by one (1) member of the council, and when so taken, shall be entered upon the journal. Rule 7. Order of business; hearing of citizens. In the ordinary transaction of business the following order shall be observed: I (1) Roll call and call to order. (2) Presentations and acknowledgments by council. (3) Hearing of citizens on public matters (2:00 p.m. meetings). The presiding officer may place reasonable time limits on speakers during such time. 591 592 (~) Consent agenda. (45) Advertised public hearings, if any (such hearings shall be scheduled for the second meeting each month, unless otherwise authorized by council). (56) Petitions and communications (presentations on behalf of groups or organizations permitted during this time, if approved by two (2) members of councilor scheduled by the city manager). Such presentations shall be limited to fifteen (15) minutes each, unless otherwise permitted by council. (67) Reports of city officers and comments of City Manager. (78) Reports of committees. (89) Unfinished business. (910) Introduction and consideration of ordinances and resolutions. (+911) Motions and miscellaneous business. (-1-+ 12)Hearing of citizens on public matters (7:00 p.m. meetings). The presiding officer may place reasonable time limits on speakers during such time. (12) Commentc of oity manager. I Rule 7 A. Consent agenda. Those items required to be considered by the council and considered to be routine, noncontroversial and requiring no discussion shall be placed on the consent agenda by the city clerk. The clerk shall note the recommended action for each item. The consent agenda shall include, among other items, the following: I (1) Approval of minutes. (2) Setting of matters for public hearing. (3) Letters of resignation and communications advising of the qualification of council appointees. (4) Resolutions appointing viewers to view streets and alleys petitioned for vacation, resolutions fixing dates for special and regular meetings of council and resolutions naming streets and parks. (5) Other items considered by the clerk to meet the standard hereinabove set forth. Any items placed on the consent agenda by the clerk shall be removed upon oral request of any member of council, the city manager or other council-appointed officer made prior to consideration of the conse~t agenda. The remaining items on the consent agenda and the clerk's recommended action shall then be approved by one (1) motion followed by a roll call vote. I I I I 593 Rule 8. Petitions, communications and applications. All petitions, communication or applications to the city council at its official meetings shall be in writing. Rule 8A. Hearing of citizens. City council sets aside a portion of its meeting time to hear citizens on public matters and invites and encourages citizens to address council. Citizens who wish to address council are requested to complete a "request to speak" form, provided by the city clerk, and shall conform to such guidelines for speakers as may be promulgated from time to time by council. Rule 9. Introduction of ordinance. Every ordinance shall be introduced by a member of the council. Rule 10. Reconsideration of questions. When a question has been taken, it shall be in order for any member voting with the majority to move a reconsideration thereof at the same or a succeeding meeting, but no question shall be reconsidered a second time, without the consent of five (5) members of the council. Rule 11. Robert's Rules of Order. The rules of parliamentary practice, as comprised in "Robert's Rules of Order," shall govern the city council in all cases to which they are applicable, providing they are not in conflict with these rules or the laws of this state. Rule 12. Alteration, amendment and suspension of rules. These rules may be altered or amended at any regular meeting by a vote of at least five (5) members of the council. Any of these rules may be suspended for the time being by a vote of at least five (5) members. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed Vfith. APPROVED ATTEST: r m. f}70W Stephanie M. Moon, CMC City Clerk 9~ David A. Bowers Mayor 594 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 23rd day of October, 2008. No. 38262-102308. A RESOLUTION designating an area within the City as a revitalization area. WHEREAS, Total Action Against Poverty in the Roanoke Valley, Inc., (TAP) has requested that Council designate six parcels in the City, being Official Tax Map Nos. 2720601, 2720602, 2730216, 2730219, 2730220, and 2730221, near the intersection of Old Stephens Road and Shenandoah Avenue, as a "revitalization area" as provided in Section 36-55.30:2, Code of Virginia (1950), as amended; WHEREAS, Section 36-55.30:2, Code of Virginia, provides that the governing body of a locality may, by resolution, designate an area. within such city as a revitalization area if the governing body makes the following determinations with regard to such area: "(i) either (a) the area is blighted, deteriorated, deteriorating or, if not rehabilitated, likely to deteriorate by reason that the buildings, improvements or other facilities in such area are subject to one or more of the following conditions: dilapidation; obsolescence; overcrowding; inadequate ventilation, light or sanitation; excessive land coverage; deleterious land use; or faulty or inadequate design, quality or condition; or I (b) the industrial, commercial or other economic development of such area will benefit the city or county but such area lacks the housing needed to induce manufacturing, industrial, commercial, governmental, educational, entertainment, community development, healthcare or nonprofit enterprises or undertakings to locate or remain in such area; and (ii) private enterprise and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the needs of low and moderate income persons and families in such area and will induce other persons and families to live within such area and thereby create a desirable economic mix of residents in such area;" WHEREAS, City Council has examined the information about the proposed revitalization area provided by TAP, and hereby determines that the area consisting of Official Tax Map Nos. 2720601, 2720602, 2730216, 2730219, 2730220, and 2730221 constitutes a revitalization area because (i) it is blighted, deteriorated and deteriorating, and (ii) private enterprise and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the needs of low and moderate income persons and families in such area and will induce other persons and families to live within such area and thereby create a desirable economic mix of residents in such area. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke I that: I I I 595 1. The area consisting of Official Tax Map Nos. 2720601, 2720602, 2730216, 2730219, 2730220, and 2730221 is hereby designated a revitalization area, within the meaning of Section 36-55.30:2, Code of Virginia, for the reasons stated above. 2. The City Clerk is directed to send an attested copy of this resolution to Ted Edlich, President of Total ActionAgainst Poverty. APPROVED ATTEST: ~~n~~~bW City Clerk @QSf~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 2008. No. 38263-102308. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by repealing Ordinance No. 31140-082492, to the extent that it placed certain conditions on Official Tax No. 1250133, located at 759 Welton Avenue, S. W.; and rezoning certain property within the City, from RMF, Residential Multifamily District, to RM-1, Residential Mixed Density District, for uses permitted in the RM-1 zoning district; and dispensing with the second reading of this ordinance by title. WHEREAS, Wayne O. H. Haig and Sharon M. Haig, have filed an application to the Council of the City of Roanoke to repeal Ordinance No. 31140-082492, adopted on August 24, 1992, to the extent that it placed certain conditions on Official Tax No. 1250133, located at 759 Welton Avenue, S. W.; WHEREAS, the applicant seeks to have the property bearing Official Tax No. 1250133, rezoned from RMF, Residential Multifamily District, to RM-1, Residential Mixed Density District, for uses permitted in the RM-1 zoning district, as set forth in the Zoning Amendment Application dated July 31 , 2008; 596 WHEREAS, the City Planning Commission, which 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 October 23, 2008, after due and timely notice thereof as required by 936.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, City Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the repeal of Ordinance No. 31140-082492, to the extent that it placed certain conditions on Official Tax No. 1250133, located at 759 Welton Avenue, S.W., zoned RMF, Residential Multifamily District, and the rezoning of said property bearing Official Tax No. 1250133 from RMF, Residential Multifamily District, to RM-1, Residential Mixed Density District, for uses permitted in the RM-1 zoning district. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 31140-082492, adopted on August 24, 1992, to the extent I that it placed certain conditions on Official Tax No. 1250133, located at 759 Welton Avenue, S. W., is hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. 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 property bearing Official Tax No. 1250133, located at 759 Welton Avenue, S. W., be, and is hereby rezoned from RMF, Residential Multifamily District, to RM-1, Residential Mixed Density District, for uses permitted in the RM-1 zoning district. 3. Pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~o~~ZJ~ City Clerk . <:;!$1~ 9 David A. Bowers Mayor I I I I 597 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 2008. No. 38264-102308. AN ORDINANCE authorizing the lease of 748 square feet of space located within City-owned property known as the City Market Building, for a month to month term beginning November 1, 2008; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on October 23, 2008, 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 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 Min Shao, doing business as Hong Kong Restaurant, for the lease of approximately 748 square feet of space located within City-owned property known as the City Market Building, for the operation of a food service business, for a month to month term, not to exceed twelve months, at a rental rate of $1745.33 per month, beginning November 1, 2008, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated October 23, 2008. 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: ~h7.0()~ Stephanie M. Moon, CMC City Clerk s;;:;QGJ~ David A. Bowers Mayor