HomeMy WebLinkAbout38265-110308 - 38675-122109
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IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of November, 2008.
No. 38265-110308.
A RESOLUTION authorizing the acceptance of The Safe Haven: Supervised
Visitation and Safe Exchange Grant Program grant from the United States Department
of Justice, Office on Violence Against Women, Grant Number 2008-CW-AX-0013, in the
amount of $300,000.00; and authorizing the execution of the sub-grant agreement
between the City and Total Action Against Poverty in the Roanoke Valley, Inc. ("TAP")
and any additional documents required to accept the grant.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City of Roanoke hereby accepts The Safe Haven: Supervised
Visitation and Safe Exchange Grant Program grant from the United States Department
of Justice, being Grant Number 2008-CW-AX-00131, in the amount of $300,000.00, to
continue the provision of services for the victims of domestic violence, sexual assault,
and stalking, as set forth in the November 3, 2008, letter of the City Manager to this
Council.
2. The City Manager is hereby authorized to execute the sub-grant
agreement between the City and Total Action Against Poverty in the Roanoke Valley,
Inc., to implement the services that the Grant will enable, and 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:
~~ mi! YrJOl>YV
Stephanie M. Moon, CMC (
\
City Clerk '
9Q(?n~-
Davi~~wers
Mayor
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IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
]
The 3rd day of November, 2008.
No. 38266-110308.
AN ORDINANCE to appropriate funding from the federal government for the Safe
Havens Supervised Visitation and Safe Exchange Continuation 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
Training and Development
Revenues
Safe Havens Visitation & Exchange FY09
35-630-5004-2010
35-630-5004-2044
$275,660.00.00
24,340.00
35-630-5004-5004
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.fF)~
Stephanie M. Moon, CMC
City Clerk
S)Q:2J~
David A. Bowers
Mayor
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IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of November, 2008.
No. 38267-110308.
A RESOLUTION authorizing the City Manager to execute pole attachment
license agreements with Appalachian Power Company, Inc. ("APCO"), and pole
attachment permits issued by APCO and other related documents, and waiving the
City's sovereign immunity in connection with such documents.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized to execute, for and on behalf of the
City, upon form approved by the City Attorney, pole attachment license agreements with
Appalachian Power Company, Inc. ("APCO"), and pole attachment permits issued by
APCO, and documents related to such agreements and permits.
2. This Council hereby waives the City's sovereign immunity with regard to
the City's execution of pole attachment license agreements with APCO and the City's
execution of pole attachment permits issued by APCO, as set forth in the City
Manager's letter dated November 3, 2008, to this Council.
APPROVED
ATTEST:
h~ r>; ~OovV
Stephanie M. Moon, CMC
City Clerk
g-<::eJ:~
David A. Bowers
Mayor
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IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
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The 3rd day of November, 2008.
No. 38268-110308.
AN ORDINANCE amending and reordaining Section 30-109, Permits, Section
30-110, Definitions, Section 30-111, Time Limitations, Section 30-112, Size and shape
of holiday decorations. flaqs and banners, and Section 30-113, Other Conditions, of
Article VI, Erection and Maintenance of Holiday Decorations. Flaqs and Banners, of
Chapter 30, Streets and Sidewalks, 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. Article VI, Erection and Maintenance of Holiday Decorations, Flaqs and
Banners, of Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke
(1979), as amended, is hereby amended and reordained by amending Section 30-109,
Permits, Section 30-110, Definitions, by revising the definition of "Holiday Decoration,"
and "Permittee," and adding definitions for "Central Business District," and "Pole-
Mounted Banner," Section 30-111, Time Limitations, and Section 30-112, Size and I
shape of holiday decorations. flags and banners, and Section 30-113, Other Conditions,
to read and provide as follows:
ARTICLE VI. ERECTION AND MAINTENANCE OF HOLIDAY
DECOR^ TION8, FLA~S, ANQ POLE-MOUNTED BANNERS, BANNERS,
AND HOLlDA Y DECORA TlONS.
Sec. 30-109, Permits.
(a) The city manager shall be authorized to issue to any person a
permit, allowing the erection, maintenance, and removal of (1) a holiday
deooration, or flag, pole-mounted banner or holiday decoration on or from
a city-owned light standard, pole or other facility within the public right-of-
way, allowing the ereotion, maintenance and removal of (2) a holiday
decoration from a city-owned tree, or allowing the ereotion, maintenanoe,
and removal of (3) a banner across either public property or a public right-
of-way, or (4) a flag, pole-mounted banner, or holiday decoration, on or
from a non-city-owned light standard, pole or other facility within the public
right-of-way, with the consent of the owner, when in the city manager's-l=Hs
discretion, such holiday deooration, flag, pole-mounted banner, ef banner,
or holiday decoration will promote the general welfare and economy of the
city.
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(b) The erection, maintenance or removal of any holiday
decoration, flag, pole-mounted banner, Gf banner, or holiday decoration
pursuant to this section shall be at the sole expense of permittee.
(c) No holiday deooration, flag, pole-mounted banner, Gf banner,
or holiday decoration, may be erected or maintained without a proper
application being filed and a permit issued pursuant to this article.
(d) Any holiday doooration, flag, pole-mounted banner, Gf banner,
or holiday decoration, erected or maintained without a proper application
being filed and permit issued may be removed and disposed of by the city
manager at the expense of the owner of such holiday deooration, flag,
pole-mounted banner, Gf banner, or holiday decoration or the person or
entity responsible for the erection or maintenance of such holiday
deooration, flag, pole-mounted banner, Gf banner, or holiday decoration.
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(e) No religious or sectarian holiday deooration or, flag, pole-
mounted banner, or holiday decoration may be erected or maintained on
or from a city-owned light standard, pole, facility or tree, and no religious
or sectarian banner may be erected or maintained across public property
or a public right-of-way.
Sec. 30-110. Definitions.
For the purpose of this article, the following words and phrases
shall be defined as follows:
* * *
Central Business District shall mean that area bounded on the
north by the Norfolk and Western Railroad tracks; on the east by Third
Street, S.E.; on the south by Elm Avenue, S.E. from Third Street, S.E. to
Jefferson Street, by Day Avenue, S. W., from Jefferson Street, to Franklin
Road, S. W., and by Marshall Avenue, S. W., from Franklin Road, S. W., to
Fifth Street, S. W.; and on the west by Fifth Street, S. W., and shall include
all properties fronting on any of the aforementioned streets.
* * *
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Pole-mounted banner shall mean a single piece of canvas, plastic,
cloth, paper, or other material which is attached to a vertical support using
"banner brackets along the top and bottom edges. A pole-mounted banner
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shall not be considered a "sign" or a "snipe sign" under Chapter 27. 1 of
this Code.
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* * *
Holiday decoration shall mean an assembly of canvas, plastic,
cloth, paper, or other material, including lights, which forms a shape of an
object that is related to a particular holiday and which is designed to draw
attention to it. A holiday decoration shall not be considered a "sign" or a
"snipe sign" under Chapter 27.1 of this Code, and a holiday decoration
may not be a banner.
Permittee shall mean any person or entity who or which has
received a revocable permit from the city manager pursuant to this article
for the erection, maintenance or removal of a holiday deooration, flag,
pole-mounted banner, ef banner, or holiday decoration.
Sec. 30-111. Time limitations.
(a) Each application for a permit under this article shall be
completed and submitted on a form supplied by the city at least thirty (30)
calendar days prior to the time proposed for erection of a holiday
decoration, flag, pole-mounted banner, ef banner, or holiday decoration.
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* * *
(c) A banner may be displayed for a continuous period of up to
thirty (30) days, or such shorter period as may be established by the
permit issued by the city manager, and such banner shall be removed for
a minimum of one hundred eighty (180) consecutive days prior to
reapplication for a permit to erect the same banner again. .^. flag may be
di~playod for a maximum time period of thirty (30) day~, or ~uoh chorter
period ac may be ectabliched by the permit iccued by the oity manager,
and ~hall be remo'.'ed for a minimum of one hundred eighty (180)
oon~eoutive dayc prior to reapplioation for a permit to ereot the flag again.
(d) Within the Central Business District, and within all districts
outside the Central Business District and zoned R-12, R-7, R-5, R-3, RM-
1, RM-2 and RMF, flags and pole-mounted banners may be displayed for
a maximum time period of sixty (60) days, except when in conflict with
dates permanently reserved and identified herein for the display of
American flags, or for such a shorter period as may be set forth in the
permit issued by the city manager. Such flags and pole-mounted banners
shall be removed for a minimum of ninety (90) consecutive days prior to
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reapplication for a permit to erect the flag again. A banner may be
displayed for a oontinuous period of up to thirty (30) days, or such shorter
period as may be established by the permit issued by the city manager,
and such banner shall be remo'.'ed for a minimum 'of one hundred eighty
(180) oonceoutive days prior to reapplication for a permit to erect the same
banner again.
(e) Outside the Central Business District and within districts not
zoned R-12, R-7, R-5, R-3, RM-1, RM-2 and RMF, flags and pole-
mounted banners may be displayed for a continuous period of up to three
hundred sixty five (365) days, or for such a shorter period as may be
established by the permit issued by the city manager. Such flags and
pole-mounted banners need not be removed prior to the filing of a timely
application for a permit to allow either of them to remain erected.
(fe) No permit shall be issued more than six (6) months before the
date on which a permittee wishes to erect or display a holiday deooration,
flag, pole-mounted banner, ef banner, or holiday decoration.
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(gf) Permanent reservation of dates for a holiday decoration or a
banner will not be allowed. Permanent reservation of dates for flags will
not be allowed, except American flags on the last Monday in May
(Memorial Day), Flag Day, Fourth of July (Independence Day), the first
Monday in September (Labor Day), and Veterans Day; and two (2) days
before and one (1) days after each of the holidays may be reserved.
Sec. 30-112. Size and shape of holidav deoorationc, flaqs. pole-mounted
banners, aM banners and holidiw decorations.
(a) The shape, size, weight, wind load projection from supporting
structure, and means of attachment of any holiday deooration, flag, pole-
mounted banner, ef banner, or holiday decoration shall be subject to
review and approval in the sole discretion of the city manager. When
supported by post top street lights, a flag shall be attached to a wooden
pole seven-eights-inch in diameter or less, and no such flag shall be larger
than three (3) feet by five (5) feet. When supported by a traffic signal pole,
a flag or pole-mounted banner shall be no larger than thirty (30) inches by
ninety-six (96) inches and any suoh flag shall be hung vertically such that
the bottom of the flag or pole-mounted banner is no less than ten (10) feet
above ground level. and shall be hung above the mast arm 'Nhioh supports
the traffio cignal.
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(b) Under no circumstances shall the size or shape of any holiday
deooration, flag, pole-mounted banner, ef banner or holiday decoration
interfere with the visibility of any traffic control device from ground level,
the movement of traffic, or the illumination of streets. No banner shall at
any point be less than seventeen (17) feet above ground level a roadway
and eleven (11) feet above a pedestrian pathway.
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Sec. 30-113. Other conditions.
(a) Any permit issued under this article shall be revocable with or
without cause at the sole discretion of the city manager. Revocation shall
be effective upon the city manager sending notice of such revocation by
certified mail to the address of permittee stated on the application or upon
the city manager delivering notice of such revocation to the address of
permittee stated on the application. Upon such mailing or delivery of
notice of revocation, permittee shall be considered to have received such
notice. Permittee shall remove each holiday deooration, flag, pole-
mounted banner, ef banner, or holiday decoration within twenty-four (24)
hours after receipt of notification or seventy-two (72) hours after the date
and time of the city manager's sending notice of such revocation,
whichever is sooner. Should permittee fail to remove each holiday
decoration, flag, pole-mounted banner, ef banner, or holiday decoration
which is the subject of a revoked permit within the applicable time period,
the city manager shall be entitled to remove and dispose of the same and
charge permittee for any and all expenses in doing so.
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(b) Permittee shall indemnify, keep and hold harmless the city, its
officers, agents, and employees, from any and all claims, legal actions,
judgments, or liabilities, and for any expenses incurred, including attorney
fees, arising out of the erection, maintenance or removal of each holiday
decoration, flag, pole-mounted banner, ef banner, or holiday decoration.
(c) Permittee shall obtain a certificate of insurance for public
liability in the proper amounts and form, as prescribed by the city's risk
management officer. Such certificate of insurance shall name the city as
an additional insured and shall be filed with the city's risk management
officer more than ten (10) calendar days before the first day of display of
any holiday decoration, flag, pole-mounted banner, ef banner, or holiday
decoration erected by the permittee.
(d) Any and all codes or regulations shall be complied with which
pertain to the erecting, displaying, and removing of a holiday deooration,
flag, pole-mounted banner, ef banner or holiday decoration.
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(c) Permittee shall obtain any and all neoossary permission for the
ereotion, maintenanoe, and removal of a holiday decoration, flag or
banner, from tho Virginia Department of Transportation.
(sf) The city manager may require inspection of the condition,
appearance, material and shape, of each holiday decoration, flag, pole-
mounted banner, ef banner, or holiday decoration to be displayed before
issuing a permit. The city manager may reject and/or order the removal of
any holiday decoration, flag, pole-mounted banner, ef banner, or holiday
decoration which, in the sole discretion of the city manager, is tattered,
frayed, faded, or otherwise unsightly, or which is an immediate threat to
the health, safety or welfare of the general public or causing damage to
any city-owned light standard, pole, facility, or tree.
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(fg) The city manager may impose conditions upon any permit or
promulgate regulations to be complied with by any permittee when such
conditions or regulations are intended to protect the public health, safety
or welfare or to protect city-owned light standards, poles, facilities, or trees
from being defaced, harmed or otherwise damaged.
(gR) The name, street address and telephone number of a person,
who may be contacted by the city manager after normal working hours
should an emergency requiring immediate action arise, shall be stated in
the application.
(hi) Permittee shall obtain any and all necessary permission for
the erection, maintenance, and removal of a banner from the owners of
the property to which the banners are attached and present proof
acceptable to the city manager of such permission upon application for the
permit.
(~) No more than one (1) banner shall be permitted in anyone (1)
city block, but in no case shall any banner be within two hundred (200)
feet of any other banner.
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2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ 'hJ. 'rrptrrJ
Stephanie M. Moon, CMC
City Clerk
5JQ!Jt-.w-
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of November, 2008.
No. 38269-110308.
AN ORDINANCE amending and reordaining Section 11.1-3, Local erosion and I
sediment control proqram, Section 11.1-5, Land disturbinQ permit reQuirements, Section
11.1-6, Erosion and Sediment control plan, and Section 11.1-12, Penalties, iniunctions
and other leqal actions, of Chapter 11.1, Erosion and Sediment Control, 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 11.1-3, Local erosion and sediment control proqram, of Chapter
11.1, Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as
amended, is hereby amended and reordained by amending subsection (b) and adding
new subsections (c) and (d), to read and provide as follows:
Sec. 11.1~3. Local erosion and sediment control proqram.
***
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(b) Tho plan approving authority and tho inspection authority for
the local orocion and sediment control program in the oity chall be tho
agent of the Offioe of Planning and Community Dovelopment, Division of
Zoning and Development. For purposes of Article 4, Erosion and
Sediment Control Law, of Chapter 5, Soil and Water Conservation, of Title
10.1, Conservation, of the Code of Virginia (1950), as amended, the
program authority for a soil and erosion and sediment control program
shall be the city.
(c) The plan-approving authority and the inspection authority for
the local erosion and sediment control program in the city shall be the
Department of Planning Building and Development. The Department of
Planning Building and Development shall act through the Development
Review Coordinator.
(d) The plan-approving authority shall provide to the Department
of Conservation and Recreation of the Commonwealth of Virginia in a
method and on a time schedule established by the Department a listing of
each land-disturbing activity in the city for which a plan has been approved
under this chapter.
2. Section 11.1-5, Land disturbinq permit requirements, of Chapter 11.1,
Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as amended,
is hereby amended and reordained by adding a new subsection (g) to read and provide
as follows:
Section 11.1-5. Land disturbinq permit requirements.
***
(g) Any person engaging in the creation and operation of
wetland mitigation banks in multiple jurisdiction may, in accordance with
the procedure set forth in 9 10.1-563 (E) of the Code of Virginia (1950), as
amended, file general erosion and sediment control specifications for
wetland mitigation banks with the Virginia Soil and Water Conservation
Board.
3. Section 11.1-6, Erosion and Sediment control plan, of Chapter 11.1,
Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as amended,
is hereby amended and reordained by adding new subsection G), to read and provide as
follows:
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Sec. 11.1-6. Erosion and Sediment control plan.
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***
(j) The Development Review Coordinator may grant a variance
from any of the provisions in this chapter that are deemed too restrictive
for site conditions. A variance may be granted in accordance with the
following procedure:
(1) At the time of plan submission, an applicant may
request a variance to become part of the approved erosion and
sediment control plan. During construction, the person responsible
for implementing the approved plan may request a variance in
writing from the Development Review Coordinator. The applicant
shall explain the reasons for requesting a variance in writing.
(2) The Development Review Coordinator shall respond
in writing either approving or disapproving such a request. If the
Development Review Coordinator does not approve a variance
within 10 days of receipt of the request, the request shall be
considered disapproved. Following disapproval, the applicant may
resubmit a variance request with additional documentation.
Variances that have been granted shall be documented in the plan.
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(3) The Development Review Coordinator may grant any
variance request, if a literal application of the provisions of this
chapter would create an unnecessary hardship that would
effectively prohibit or unreasonably restrict the use or development
of the property. The applicant shall provide evidence that the
variance being sought satisfies the following standards:
(i) The subject property is exceptional as compared to other
lots subject to the same provision by reason of a unique physical
condition, including exceptional narrowness, shallowness, size, or
shape; exceptional topographic conditions; or other extraordinary
situation or condition peculiar to and inherent in the subject
property, or to the condition, use, or development of property
immediately adjacent thereto;
(ii) The unique physical condition set forth in subsection (i),
above, is not the result of any action or inacti~n of the owner or his
predecessors in title and existed at the time of the effective date of
the provisions of this chapter from which a variance is sought;
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(iii) The alleged hardship is a clearly demonstrable hardship
approaching confiscation, as distinguished from a special privilege
or convenience sought by the applicant; and
(iv) The requested variance would not result in a use or
development of the subject property that would not be in harmony
with the intended spirit and purpose of this chapter.
4. Section 11.1-12, Penalties. iniunctions and other leqal actions, of Chapter
11.1, Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as
amended, is hereby amended and reordained by amending subsection (a)(2), to read
and provide as follows:
Sec. 11 .1-12. Penalties. iniunctions and other leqal actions.
(a) Any person who violates any regulation or order of the
board, any condition of a permit, any provision of the board's program, any
provision of this chapter, or any provision in the design and construction
standards and procedures shall be subject to the enforcement provisions
of this chapter. Upon a finding of a violation of any regulations or order of
the board, any condition of a permit, any provision of the board's program,
any provision of this chapter, or any provision in the design and
construction standards and procedures, the district court of the city shall
assess a civil penalty. The civil penalty for anyone violation shall be one
hundred dollars ($100.00), except that the civil penalty for commencement
of land disturbing activities without an approved plan shall be one
thousand dollars ($1,000.00).
***
(2) Each day during which the violation is found to have
existed shall constitute a separate offense. In no event shall a
series of specified violations arising from the same operative set of
facts result in civil penalties which exceed a total of three thousand
dollars ($3,000.00) ten thousand dollars ($10,000.00), except that a
series of violations arising from the commencement of land
disturbing activities without an approved plan for any site shall not
result in civil penalties which exceed a total of ten thousand dollars
($10,000.00).
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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:
-- /17. rnU~
Step anie M. Moon, CMC I ~'---
City Clerk
S)..<Z?---
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of November, 2008.
No. 38270-110308.
AN ORDINANCE amending and reordaining Section 11.4-14, General and
Section 11.4-17, Stream channel erosion, of Article IV, General Criteria for Stormwater I
Manaqement, of Chapter 11.4, Stormwater Manaqement, 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 11.4-14, General, of Article IV, General Criteria for Stormwater
Manaqement, of Chapter 11.4, Stormwater Manaqement, of the Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained by amending
subsection (i) to read and provide as follows:
11.4-14. General.
***
(i) Outflows from a stormwater management facility or stormwater
conveyance system shall be discharged to an adequate channel. If an
adequate channel does not exist, an owner may provide alternative means
to handle peak flows as identified in the manual and as approved by the
administrator as part of the stormwater management plan review process.
Any land-disturbing activity that provides for stormwater management
intended to address any flow rate capacity and velocity requirements for
naturar or manmade channels shall satisfy the flow rate capacity and
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velocity requirements for natural or manmade channels if the practices are
designed to (i) detain the water quality volume and to release it over 48
hours; (ii) detain and release over a 24-hour period the expected rainfall
resulting from the one year, 24-hour storm; and (Hi) reduce the allowable
peak flow rate resulting from the 1.5, 2, and 10-year, 24-hour storms to a
level that is less than or equal to the peak flow rate from the site assuming
it was in a good forested condition, achieved through multiplication of the
forested peak flow rate by a reduction factor that is equal to the runoff
volume from the site when it was in a good forested condition divided by
the runoff volume from the site in its proposed condition, and shall be
exempt from any flow rate capacity and velocity requirements for natural
or man made channels.
***
2. Section 11.4-17, Stream channel erosion, of Article IV, General Criteria for
Stormwater Manaqement, of Chapter 11.4, Stormwater Manaqement, of the Code of the
City of Roanoke (1979), as amended, is hereby amended and reordained by adding a
new subsection (d) to read and provide as follows:
11.4-17. Stream channel erosion.
* * *
(d) In accordance with S 10.1-561 of the Code of Virginia
(1950), as amended, stream restoration and relocation projects that
incorporate natural channel design concepts are not man-made channels
and shall be exempt from any flow rate capacity and velocity requirements
for natural or man-made channels.
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
:~:f.r~~-~
, ~~ers
Mayor
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IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
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The 3rd day of November, 2008.
No. 38271-110308.
AN ORDINANCE modifying Ordinance No. 38255-102308, adopted on
October 23, 2008, and 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, City Council adopted Ordinance No. 38255-102308 on October 23,
2008, which authorized the City Manager to execute a Third Amendment to the
November 10, 2005, Operating Agreement between the City and Meadowbrook;
WHEREAS, the Roanoke Regional Airport Commission (Commission) has
requested that any extension of the Operating Agreement with Meadowbrook include a
reference to the Commission's lease with the City for a portion of the property being I
used for the Countryside Golf Club, specifically the provision that the Commission can
terminate such lease under certain conditions, which could result in a termination of the
Operating Agreement between the City and Meadowbrook; and
WHEREAS, Meadowbrook has agreed to include provisions for early termination
of the extension of the Operating Agreement if the leased property, or a material portion
thereof, should become no longer available to the City for use for the Countryside Golf
Club, and City staff request Council's approval to include such provisions in the
proposed Third Amendment.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
, follows:
1. Council hereby approves the inclusion of provisions for early termination
of the extension of the Operating Agreement to be included in a Third Amendment with
Meadowbrook, with such terms to be substantially similar as those presented by City
staff to Council on November 3,2008. Accordingly, 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,
such Third Amendment to be retroactive to November 1, 2008, which will contain an
early termination provision as mentioned above, and such other terms and conditions as I
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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, and in the
information presented to Council on November 3, 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, as amended.
3. Subject to the modification noted above, Ordinance No. 38255-102308,
remains in effect and is deemed modified by this Ordinance.
4. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this Ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ m. nr;o/nJ
Stephanie M. Moon, CMC
City Clerk
~~~~
~ David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of November, 2008.
No. 38272-110308.
AN ORDINANCE amending Section 2-172, Report and delivery of money
collected or received by officers and employees, of Article VIII, Finance Generally, of
Chapter 2, Administration, of the Code of the City of Roanoke (1979) as amended, to
effect certain changes to the City's accounting and collection methods to allow the
processing of monies received by City departments through the City's accounts
receivables system; and dispensing with the second reading by title of this ordinance.
18
BE IT ORDAINED by the Council of the City of Roanoke as follows:
I
1 . Section 2-172, Report and delivery of money collected or received by
officers and employees, of Article VIII, Finance Generally, of Chapter 2, Administration.
Code of the City of Roanoke (1979) as amended, is hereby amended and reordained to
read and provide as follows:
Sec. 2-172. Report and delivery of money collected or received by
officers and employees.
(a) Each and every officer or employee of the city who collects or
receives money for the account of the city and the commiGcionor of
revenue in payment of city taxes, licenses and fees and charges not billed
in another billing system shall enter an invoice in the accounts receivable
system by the end of each day to report the items collected or received by
such person during the day. Once an invoice has been keyed into the
accounts receivable system, the officer or employee of the City shall take
the total amount collected or received as shown on each invoice to the
treasurer, along with the invoice number assigned by the accounts
receivable system when the invoice was keyed. shall prepare a report at
the end of each day of the itemG oollected or received by him during the
day. Each Guch report Ghall be addreGced to the director of finanoe, shall
be prepared in triplioate in Guch form and detail aG the direotor of finanoe
shall prescribe and chall contain 0. certificate Gigned by the reporting
offioer or employee that eaoh and every amount oollected or received by
such officer or employee during the day for whioh it iG made iG reported
therein.
I
(b) Except as otherwise directed by the director of finance in
writing, not later than 12:00 noon the day following the date of each such
report, invoice, the total amount collected or received as shown in each
such report invoice shall be delivered, intact, without any deduction
whatsoever, to the treasurer, together with the original and both oopieG of
the report with the invoice number assigned by the accounts receivable
system. The treasurer shall receipt the invoice by entering the invoice
number into the cash register. The treasurer Me shall provide a receipt of
the funds to the officer or employee who collected or received the funds.
The city treasurer shall reoeipt the original and both copies of the report in
the Gpaoe provided therefor. He Ghall return one (1) copy to the reporting
offioer for hiG filos, retain one (1) oopy in the treasurer'G fileG, and Gubmit the
original to the direotor of finanoe, along 'Nith the applicable statement. of I
aocountability by fund.
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(c) Money which, by direction of the director of finance, has been
deposited by an officer or employee of the city to the city's credit in any
bank, or to the credit of any court of the city or the clerk thereof, shall be
forthwith reported by such officer or employee to the treasurer and to the
director of finance as provided in this section, and no money shall be
withdrawn from such bank account in the name of the city, except as
provided in section 2-175.
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:
~~. rr;b<nV
Stephanie M. Moon, CMC
City Clerk
"Q (~~~~~ ~
~ ------
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of November, 2008.
No. 38273-110308.
A RESOLUTION extending an invitation to the Virginia Municipal League
expressing the desire of this Council that the City of Roanoke be the site for the Annual
Meeting of the Virginia Municipal League in 2014.
WHEREAS, the City of Roanoke offers a unique blend of shopping,
entertainment, cultural attractions, and a sense of place born of authentic history;
WHEREAS, the City of Roanoke has completed much downtown revitalization,
including among other things, a cultural center for all of western Virginia known as
Center in the Square, a renovated Market area, an Intermodal Transportation Center,
the Roanoke Higher EducatioQ Center is in operation, the O. Winston Link Museum
and the O. Winston Link Railwalk, which connects the City Market area to the Virginia
Museum of Transportation, are open, along with new shops and parking facilities, and a
world-class new Art Museum, the Taubman Museum of Art, is opening this November;
20
WHEREAS, the 330-room Hotel Roanoke and adjoining 90,000-square foot
Conference Center are available for the Annual Meeting;
WHEREAS, the City hosted the highly successful 2003 Annual Meeting of the
Virginia Municipal League (VML) and will host its 2009 Annual Meeting; and
WHEREAS, this City is desirous of serving as the host of the Annual Meeting of
the VML in 2014;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. This Council hereby officially expresses its desire to host the Annual
Meeting of VML in 2014.
2. The City Manager is authorized to execute any forms required by VML to
be completed by a locality desiring to be considered as a conference site.
APPROVED
ATTEST:
~ m. rr;oCJnJ
Stephanie M. Moon, CMC
City Clerk
SJ)Q~
David A. Bowers
Mayor
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IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of November, 2008.
No. 38274-111708.
A RESOLUTION authorizing the acceptance of a Western Virginia Workforce
Development Board Workforce Investment Act grant in the amount of $10,000.00; and
authorizing the City Manager to execute the necessary documents required to accept
the grant, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The Western Virginia Workforce Development Board Workforce
Investment Act Incentive Grant in the amount of $10,000.00, for the period of January 1,
2008, through June 30, 2009, as further described in the City Manager's letter to this \
) \.
Council dated November 17, 2008, is hereby ACCEPTED.
2. The City Manager is authorized to execute the necessary documents
required -to accept the grant. Such documents shall be upon form approved by the City
Attorney.
APPROVED
ATTEST:
~ "on. n-ylYn/
Stephanie M. Moon, CMC
City Clerk
s:i)
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of November, 2008.
No. 38275-111708.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the FYQ9 Workforce Investment Act Incentive Grant and to re-appropriate funding for
the FY08 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.
22
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
Adult Program FY08 - Contract Services
Dislocated Worker FY08 - Contract Services
Incentive Grant FY09 - Training & Development
Incentive Grant FY09 - Marketing
Incentive Grant FY09 - Contractual Services
Revenues
WIA Incentive Grant FY09
35-633-2341-8057
35-633-2342-8057
35-633-2357 -2044
35-633-2357 -8053
35-633-2357 -8057
$40,000.00
(40,000.00)
1,000.00
4,500.00
4,500.00
35-633-2357 -2357
10,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~~,~00Y0
Stephanie M. Moon, CMC
City Clerk
o~~
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 17th day of November, 2008.
No. 38276-111708.
A RESOLUTION expressing the intent of City Council to include in future City
budgets certain funding for capital projects to be undertaken by Center in the Square,
the Science Museum of Western Virginia, the Harrison Museum of African American
Culture, and the YMCA.
WHEREAS, Council is desirous of supporting a capital project to be undertaken
by Center in the Square by contributing $1,500,000 for such project in future years;
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WHEREAS, Council is desirous of supporting a capital project to be undertaken
by the Science Museum of Western Virginia by contributing $500,000 for such project in
future years;
WHEREAS, Council is desirous of supporting a capital project to be undertaken
by the Harrison Museum of African American Culture by contributing $500,000 for such
project in future years; and
WHEREAS, Council is desirous of supporting a capital project to be undertaken
by the YMCA by contributing $500,000 for such project in future years;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it
does hereby express its intent to include in future City budgets funding as described
above and further described in the City Manager's report to Council of November 17,
2008.
APPROVED
ATTEST:
~rn. hj6lY>V
Stephanie M. Moon, CMC
City Clerk
~a~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of November, 2008.
No. 38277-111708.
A RESOLUTION authorizing the City Manager to enter into the 2008-2009
Community Development Block Grant ("CDBG") subgrant Agreement with Total Action
Against Poverty in the Roanoke Valley, Inc., ("TAP"), upon certain terms and conditions.
24
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager
and the City Clerk, are hereby authorized, for and on behalf of the City, to execute and
attest, respectively, on behalf of the City, the 2008-2009 CDBG subgrant Agreement
with TAP, approved as to form by the City Attorney, within the limits of funds and for the
purposes as more particularly set forth in the City Manager's letter dated November 17,
2008.
APPROVED
ATTEST:
~~m'hJD~
9'Q~
David A. Bowers
Mayor
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of November, 2008.
No. 38278-111708.
A RESOLUTION authorizing the City Manager to execute on behalf of the City a
new four-year contract with the Virginia Department of Emergency Management
(VDEM), which honors the four-year VDEM hazardous materials team contract for the
period July 1, 2008, until June 20, 2012; and authorizing the City Manager to execute
such other documents and take such further action as may be necessary to implement
and administer such contract.
THEREFORE, 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 execute on
behalf of the City a new four-year contract with VDEM, which honors the four-year
VDEM hazardous materials team contract for the period July 1, 2008, until June 20,
2012, in accordance with certain terms and conditions as more fully set forth in the City
Manager's letter to Council dated November 17, 2008.
2. The form of such contract shall be approved by the City Attorney.
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3. The City Manager is further authorized to execute such other documents
and take such further action as may be necessary to implement and administer such
contract.
APPROVED
ATTEST:
~AAJ 1?-7. hjo~
Stephanie M. Moon, CMC
City Clerk
gQGV~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of November, 2008.
No. 38279-111708.
AN ORDINANCE to appropriate funding from the Virginia Department of
Emergency Management for the Regional Hazardous Materials Response Team 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 (< $5,000)
Training and Development
E'xpendable Equipment (< $5,000)
Training and Development
Expendable Equipment (< $5,000)
Training and Development
Expendable Equipment (< $5,000)
Training and Development
Revenues
Haz Mat Emergency Response - State FY09
Haz Mat Emergency Response - State FY10
Haz Mat Emergency Response - State FY11
Haz Mat Emergency Response - State FY12
35-520-3231-2035
35-520-3231-2044
35-520-3232-2035
35-520-3232-2044
35-520-3233-2035
35-520-3233-2044
35-520-3234-2035
35-520-3234-2044
35-520-3231-3231
35-520-3232-3232
35-520-3233-3233
35-520-3234-3244
$ 10,000.00
5,000.00
10,000.00
5,000.00
10,000.00
5,000.00
10,000.00
5,000.00
15,000.00
15,000.00
15,000.00
15,000.00
26
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Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~nt. h7~anJ
Stephanie M. Moon, CMC
City Clerk
SJO-Ct-~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of November, 2008.
No. 38280-111708.
AN ORDINANCE to appropriate funding from the Capital Projects Fund I
Contingency and the Parking Fund Retained Earnings to various project accounts,
amending and reordaining certain sections of the 2008-2009 Capital Projects, General
and Parking 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, General and Parking Funds Appropriations
be, and the same are hereby, amended and reordained to read and provide as follows:
Appropriations
Roanoke Valley Historical Society
Appropriated from Retained Earnings
Contingency
Appropriated from General Revenue
Appropriated from General Revenue
Fund Balance
Unrestricted Retained Earnings
01-300-7220-3776
07 -540-8266-9003
08-530-9575-9220
08-610-9929-9003
08-620-9765-9003
$ 33,333.00
72,553.00
(251,151.00)
51 ,151 .00
166,667.00
07 -3336
( 72,553.00)
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Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~~dI;. h7iJ~
S})Q.C!5$~
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of November, 2008.
No. 38281-111708.
A RESOLUTION requesting that the General Assembly enable the City of
Roanoke to regulate certain indoor and outdoor smoking in public areas.
WHEREAS, sources indicate that secondhand smoke kills at least 35,000 non-
smokers nationally and approximately 1,000 in Virginia each year;
WHEREAS, a 2006 report by the U.S. Surgeon General concluded that
secondhand smoke exposure causes disease and premature death in children and
adults who do not smoke and that there is no risk-free level of exposure to secondhand
smoke;
WHEREAS, designated smoking sections indoors do not eliminate nonsmokers'
exposure to secondhand smoke or protect the employees of these establishments;
WHEREAS, a 2006 air quality study found that air pollution in smoky restaurants,
bars, bingo halls and bowling alleys was five times worse on average than air pollution
found in the Hampton Roads Tunnel;
WHEREAS, a 2008 Mellman Group poll indicated that an overwhelming majority
of Virginia voters (75%) support a law prohibiting smoking inside workplaces, offices,
bars, and restaurants. In the same poll, 88% agreed that all workers in Virginia should
be protected from exposure to secondhand smoke in the workplace, including 75% who
strongly agreed;
28
WHEREAS, according to the U.S. Surgeon General, the only way to fully protect I
employees and the public from the hazards of secondhand smoke is to create smoke-
free environments;
WHEREAS, in order to respond to concerns of its residents, City Council would
like to have the authority to regulate or prohibit smoking in certain defined areas
outdoors, such as in proximity to the entrance to buildings, in recreational areas, and in
areas where children's programs are being conducted;
WHEREAS, smoke-free air regulations would benefit the public health;
WHEREAS, local and state governments throughout the country have
successfully passed smoke-free air laws to protect people against the harmful effects of
secondhand smoke;
WHEREAS, the Council of the City of Roanoke desires to protect the health,
comfort and working environment of its residents and employees as they may be
affected by smoking in various public places in the City; and
WHEREAS, the General Assembly of the Commonwealth of Virginia has neither
passed statewide smoke-free legislation nor provided Virginia localities the legal
authority through legislation to pass local smoke-free policies.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the General Assembly enact legislation empowering the City to enact a smoke free
air ordinance at the local level, to address the concerns enumerate above.
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APPROVED
ATTEST:
~ frI. h]t>lhV
,Stephanie M. Moon, CMC
City Clerk
~d~=---
Mayor
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IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of November, 2008.
No. 38282-111708.
A RESOLUTION adopting and endorsing a Legislative Program for the City to be
presented to the City's delegation to the 2009 Session of the General Assembly.
WHEREAS, the members of City Council are in a unique position to be aware of
the legislative needs of this City and its people;
WHEREAS, previous Legislative Programs of the City have been responsible for
improving the efficiency of local government and the quality of life for citizens of this
City;
WHEREAS, Council is desirous of again adopting and endorsing a Legislative
Program to be advocated by the Council and its representatives at the General
Assembly; and
WHEREAS, the Legislative Committee of City Council has by report, dated
November 17,2008, recommended to Council a Legislative Program to be presented at
the 2009 Session of the General Assembly;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The Legislative Program transmitted by report of the Legislative
Committee, dated November 17, 2008, is hereby adopted and endorsed by the Council
as the City's official Legislative Program for the 2009 Session of the General Assembly.
2. The Clerk is directed to issue cordial invitations to the City's Senator and
Delegates to the 2009 Session of the General Assembly to attend Council's meeting
relating to legislative matters, to be held at 12:00 noon, on December 1, 2008.
APPROVED
ATTEST:
k~rn'0atyV
9)Q(!?~
Davia A. Bowers
Mayor
Stephanie M. Moon, CMC
City Clerk
30
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of November, 2008.
No. 38283-111708.
I
AN ORDINANCE to appropriate funding from the Federal and Commonwealth
governments 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
Teachers
Social Security
City Jail - Teacher
City Jail - Social Security
Teacher Stipend - Addison
Social Security - Addison
Teacher Stipend -
Breckinridge
Social Security-
Breckinridge
Teachers
Program Coordinator
Site Manager
Activity Assistants
Retiree Health Credit
Social Security
Retirement
Health/Dental Insurance
Group Life Insurance
Contracted Services
Pupil Transportation
Mileage
Travel Fares
Subsistence and Lodging
Evaluation
Parental Involvement
Inservice
Books and Subscriptions
302-160-0000-1305-1 02C-611 00-41'121-9-07 $ 4,308.00
302-160-0000-1305-1 02C-611 00-42201-9-07 346.00
302-160-0000-1050-1 04B-611 00-41121-9-07 2,559.00
302-160-0000-1050-1 04B-611 00-42201-9-07 196.00
302-11 0-1305-0280-359C-611 00-41129-3-01 4,645.00
302-11 0-1305-0280-359C-611 00-42201-3-01 355.00
302-110-1305-021 0-359C-611 00-41129-3-01. 9,289.00
302-11 0-1305-021 0-359C-611 00-42201-3-01
302-1.10-11 02-0440-158C-611 00-41121-3-05
302-110-11 02-0440-158C-611 00-41124-3-05
302-11 0-11 02-0440-158C-611 00-41124-3-05
302 -11 0-11 02 -0440-158C-611 00-41141 -3-05
302-110-11 02-0440-158C-611 00-42200-3-05
302-11 0-11 02-0440-158C-611 00-42201-3-05
302-11 0-11 02-0440-158C-611 00-42202-3-05
302-110-11 02-0440-158C-611 00-42204-3-05
302-110-11 02-0440-158C-611 00-42205-3-05
302-110-11 02-0440-158C-611 00-43313-3-05
302-11 0-11 02-0440-158C-611 00-44420-3-05
302-110-11 02-0440-158C-611 00-45551-3-05
302-110-11 02-0440-158C-611 00-45552-3-05
302-110-11 02-0440-158C-611 00-45553-3-05
302-110-11 02-0440-158C-611 00-45584-3-05
302-110-11 02-0440-158C-611 00-45585-3-05
302-11 0-11 02-0440-158C-611 00-45587-3-05
302-11 0-11 02-0440-158C-611 00-46613-3-05
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711 .00
31,500.00
10,400.00
14,400.00
28,800.00
112.00
6,647.00
1,436.00
1,092.00
89.00
38,500.00
18,000.00
492.00
750.00
2,236.00
1,000.00
6,500.00
6,000.00
7,500.00
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GED Resource Materials
Materials and Supplies
Conventions/Education
Professional Development
Teacher Salary
Social Worker Salary
Clerical Salary
Retiree Health Credit
Social Security
Retirement
Health/Dental Insurance
State Group Life Insurance
Mileage
Professional Development
Materials and Supplies
Technology Hardware
Revenues
Federal Grant Receipts
Federal Grant Receipts
State Grant Receipts
Federal Grant Receipts
Federal Grant Receipts
Federal Grant Receipts
State Grant Receipts
302-11 0-11 02-0440-158C-611 00-46613-9-07
302-110-11 02-0440-158C-611 00-46614-3-05
302-120-0000-1000-1 05C-611 00-45554-9-02
302-140-0000-1 000-145C-6121 0-45554-9-08
302-120-0000-1 050-330C-611 00-41121-3-02
302-120-0000-1 050-330C-611 00-41134-3-02
302-120-0000-1 050-330C-6141 0-41151-3-02
302-120-0000-1 050-330C-611 00-42200-3-02
302-120;.0000-1 050-330C-611 00-42201-3-02
302-120-0000-1 050-330C-611 00-42202-3-02
302-120-0000-1 050-330C-611 00-42204-3-02
302-120-0000-1 050-330C-611 00-42205-3-02
302-120-0000-1 050-330C-611 00-45551-3-02
302-120-0000-1 050-330C-611 00-45554-3-02
302-120-0000-1 050-330C-611 00-46614-3-02
302-120-0000-1 050-330C-611 00-46650-3-02
31
1,500.00
7,500.00
5,000.00
4,500.00
3,397.00
9,299.00
703.00
200.00
1,026.00
1,997.00
(2,568.00):
67.00
1,250.00
1,250.00
(452.00)
1,250.00
302-000-0000-0000-1 02C-00000-38002-0-00 4,654~00
302-000-0000-0000-104B-00000-38002-0-00 2,755 .00
302-000-0000-0000-359C-00000-32400-0-00 15,000.00
302-000-0000-0000-158C-00000-38287 -0-00 184,454.00
302-000-0000-0000-1 05C-00000-38027 -0-00 5,000.00
302-000-0000-0000-145C-00000-38196-0-00. 4,500.00
302-000-0000-0000-330C-00000-32295-0-00 17,419.00
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 IY}Or>rJ
Stephanie M. Moon, CMC
City Clerk
jQ0:?~
~ David A. Bowers
Mayor
32
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of November, 2008.
No. 38284-111708.
AN ORDINANCE to appropriate funding to be provided by Virginia Public School
Authority Series 2009 Bond Funds for various School Roof Replacement projects,
amending and reordaining certain sections of the 2008-2009 School Capital Projects
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2008-2009 School Capital Projects Fund Appropriations be, and the
same are hereby, amended and reordained to read and provide as follows:
Appropriations
School Roof Projects
Appropriated from General Revenue
Appropriated from VPSA Bonds
Appropriated from VPSA Bonds
Appropriated from VPSA Bonds
Appropriated from VPSA Bonds
31-060-9708-9102
31-065-6089-9003
31-065-6091-9006
31-065-6092-9006
31-065-6093-9006
31 -065-6094-9006
$(2,500,000.00)
99,645.00
. 818,740.00
760,000.00
741,615.00
80,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~!'r) ~O>J
Stephanie M. Moon, CMC
City Clerk
:l)Q a;?~
David A. Bowers
Mayor
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OPTION A - REVISED 11/17/08
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of November, 2008.
No. 38285-111708.
AN ORDINANCE authorizing the proper City officials to execute an Amendment
No.4 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, subject to certain requirements; 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 Novemb~r 14, 2006, a subsequent Amendment No.2 dated September 18, 2007,
and a subsequent Amendment No.3 dated June 18, 2008, concerning IMD's proposed
development of certain property mentioned therein, and which was subject to certain
terms and conditions contained in such Performance Agreement;
WHEREAS, IMD has requested a further time extension for completion of one of
IMD's obligations under the Performance Agreement, Amendment No.1, Amendment
No.2, and Amendment No.3, and City staff recommends granting such request,
subject to certain requirements. After approval by the City, the Amendment NO.4 will
be sent to the EDA for its action and execution; and
WHEREAS, at the Council meeting on November 17, 2008, IMD also requested
an extension of time to file its first grant year request from December 1 to December 17,
2008.
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, Amendment No.2, and Amendment No.3, namely that item relating to
Subsection 2 (D), subject to certain requirements as set forth in the City Manager's
letter to Council dated November 17, 2008, and the draft Amendment No.4 attached
thereto, and also the requested extension of time to file its first grant year request as
noted above.
34
2. The City Manager is authorized on behalf of the City to execute an I
Amendment No.4 to the Performance Agreement, Amendment No.1, Amendment No.
2, and Amendment No.3, 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 requirements, terms, and conditions as set forth in the above mentioned City
Manager's letter, and which also will extend the time for lMD to file its first grant year
request from December 1, 2008 to December 17, 2008. Such Amendment will be
retroactive as of October 31, 2008, and will be substantially similar to the Revised
Amendment No.4, Option A, presented to City Council, 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:
~ Yh.~UanJ
Stephanie M. Moon, CMC
City Clerk
I
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of November, 2008.
No. 38286-111708.
AN ORDINANCE permanently vacating, discontinuing and closing certain public
rights-of-way in the City of Roanoke, as more particularly described hereinafter; and
dispensing with the second reading by title of this ordinance.
WHEREAS, the Roanoke Redevelopment and Housing Authority, filed an
application to the Council of the City of Roanoke, Virginia ("City Council"), in accordance
with law, requesting City Council to permanently vacate, discontinue and close certain
public rights-of-way described hereinafter;
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WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 930-14, Code of the City of Roanoke (1979), as amended,
and after having conducted a public hearing on the matter, has made its
recommendation to Council;
WHEREAS, a public hearing was held on such application by City Council on
November 17, 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 rights-of-way have been properly notified;
and
WHEREAS, from all of the foregoing, City Council considers that no
inconvenience will result to any individual or to the public from permanently vacating,
discontinuing and closing such portions of certain public rights-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia,
that the certain public rights-of-way situate in the City of Roanoke, Virginia, and more
particularly described as follows:
(1) Mill Avenue, S. E., lying adjacent to parcels bearing Official Tax Nos.
4040101, 4040106, and property of the Norfolk and Western Railway Co.,
(2) Green Avenue, S. E., lying adjacent to parcels bearing Official Tax
Nos. 4040201 and 4040105; (3) Whitmore Avenue, S. E., lying adjacent to
parcels bearing Official Tax Nos. 4040301 and 4040206; and (4) an
alleyway running approximately 1 ,290 feet in a southerly direction from its
intersection with Mill Avenue to its terminus at the southeasterly boundary
of a parcel bearing Official Tax No. 4040303
be, and are hereby permanently vacated, discontinued and closed, and that all right and
interest of the public in and to the same be, and hereby is, released insofar as City
Council is empowered so to do with respect to the closed rights-of-way, reserving
however, to the City of Roanoke and any utility company or public authority, including,
specifically, without limitation, providers to or for the public of cable television, electricity,
natural gas or telephone service, an easement for sanitary sewer and water mains,
television cable, electric wires, gas lines, telephone lines, and related facilities that may
now be located in or across such public rights-of-way, together with the right of ingress
and egress for the maintenance or replacement of such lines, mains or utilities, such
right to include the right to remove, without the payment of compensation or damages of
any kind to the owner, any landscaping, fences, shrubbery, structure or any other
encroachments on or over the easement which impede access for maintenance or
replacement purposes at the time such work is undertaken; such easement or
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easements to terminate upon the later abandonment of use or permanent removal from I
the above-described public rights-of-way of any such municipal installation or other
utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision
Agent, receive all required approvals of, and record with the Clerk of the Circuit Court
for the City of Roanoke, a subdivision plat, with such plat combining all properties which
would otherwise dispose of the land within the rights-of-way to be vacated in a manner
consistent with law, and retaining appropriate easements, together with the right of
ingress and egress over the same, for the installation and maintenance of any and all
existing utilities that may be located within the rights-of-way.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other
conditions to the granting of the application, deliver to the Clerk of the Circuit Court of
the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where
deeds are recorded in such Clerk's Office, indexing the same in the name of the City of
Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any
other parties in interest who may so request, as Grantees, and pay such fees and
charges as are required by the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of
this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke,
Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for
the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation
has occurred.
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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 S12 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
,
~Jn'frJD~
Stephanie M. Moon, CMC
City Clerk
~{d@7Q01N>''-'-
..:;;;J/ David A. Bowers
Mayor
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IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of November, 2008.
No. 38287-111708.
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 properties within the City, and dispensing with the
second reading of this ordinance by title.
WHEREAS, Mountain Brook Development, Inc., represented by Sean Horne,
Balzer and Associates, Inc., has made application to the Council of the City of Roanoke,
Virginia ("City Council"), to have properties located on Belle Avenue, N. E., bearing
Official Tax No. 7060113, and 237 Mountain Brook Drive, N. E., bearing Official Tax No.
7050164, rezoned from R-12, Residential Single Family District, to MXPUD, Mixed Use
Planned Unit Development District, subject to the conditions that the properties will be
developed in substantial conformity with the "Planning and Design Documents for
Mountain Brook Villas" revised date of September 16, 2008, and that the project
Mountain Brook Villas will be developed in substantial conformity with the "Mountain
Brook Villas Development Plan" revised date September 16, 2008;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to
City Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on November 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 proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the
public necessity, convenience, general welfare and good zoning practice, require the
rezoning of the subject properties, and for, those reasons, is of the opinion that the
hereinafter described properties should be rezoned as herein provided.
38
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 Belle Avenue, N. E., bearing
Official Tax No. 7060113, and 237 Mountain Brook Drive, N. E., bearing Official Tax No.
7050164, be and is hereby rezoned from R-12, Residential Single Family District, to
MXPUD, Mixed Use Planned Unit Development District, subject to the conditions that
the properties will be developed in substantial conformity with the "Planning and Design
Documents for Mountain Brook Villas" revised date of September 16, 2008, and that the
project Mountain Brook Villas will be developed in substantial conformity with the
"Mountain Brook Villas Development Plan" revised date September 16, 2008, as set
forth in the Zoning Amended Appliccltion NO.1 dated September 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:
S)Q:X7~
David A. Bowers
Mayor
- rr;. m~cJW
Stephanie M. Moon, CMC (
City Clerk
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 17th day of November, 2008.
No. 38288-111708.
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, Christian Life International Church, represented by Maryellen F.
Goodlatte, attorney, has made application to the Council of the City of Roanoke, Virginia
("City Council"), to have a 0.925 acre portion of property bearing Official Tax Nos.
6040504 and 6040506, located on Hemlock Road, N. W., rezoned from R-5, Residential
Single Family District, to IN, Institutional District, for uses as permitted in the IN zoning
district;
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WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to
City Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on November 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 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.
THEf3~FORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that a 0.925 acre portion of Official Tax Map Nos.
6040504 and 6040506, located on Hemlock Road, N. W., be and is hereby rezoned
from R-5, Residential Single Family District, to IN, Institutional District, for uses as
permitted in the IN zoning district, as set forth in the Zoning Amended Application No. 1
dated September 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:
~0>7, hjoD-rv
Stephanie M. Moon, CMC
City Clerk
~~~~
David A. Bowers
Mayor
40
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
I
The 1 ih day of November, 2008.
No. 38289-111708.
AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, to amend the INPUD Development Plan to allow for the expansion
of an existing private Christian school as it pertains to property identified by Official Tax
No. 7090402, located at 3230 King Street, N. E.;' and dispensing with the second
reading by title of this ordinance.
WHEREAS, Trustees, Parkway House of Prayer, represented by Roy V. Creasy,
attorney, has made application to the Council of the City of Roanoke, Virginia ("City
Council"), to amend the INPUD Development Plan to allow for the expansion of an
existing private Christian school as it pertains to property, identified by Official Tax No.
7090402, located at 3230 King Street, N. E.;
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, I
and after conducting a public hearing on the matter, has made its recommendation to
City Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on November 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 INPUD Development Plan as it pertains to property
described as Official Tax No. 7090402, located at 3230 King Street, N. E.; 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 INPUD Development Plan to allow for the expansion of an existing
private Christian school as it pertains to property identified by Official Tax No. 7090402,
located at 3230 King Street, N. E., 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 I
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect the amendment of the INPUD Development Plan to
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allow for the expansion of an existing private Christian school as it pertains to property
identified by Official Tax No. 7090402, located at 3230 King Street, N. E., as set forth in
the Zoning Amended Application No.2, dated October 22, 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:
~ In. n;tJ~
Stephanie M. Moon, CMC
City Clerk
~/Y?(? _ __ _
~~iJ~ - --
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of t';Jovember, 2008.
No. 38290-111708.
AN ORDINANCE exempting from real estate property taxation certain property of
the Oliver White Hill Foundation, located in the City of Roanoke, an organization
devoted exclusively to charitable or benevolent purposes on a non-profit basis;
providing for an effective date; and dispensing with the second reading by title of this
ordinance.
WHEREAS, the Oliver White Hill Foundation (hereinafter "the Applicant"), has
petitioned this Council to exempt certain real property of the Applicant from taxation
pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to be heard
with respect to the Applicant's petition was held by Council on November 17, 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 No. 2011424, commonly known as 401 Gilmer
Avenue, N.W. (the "Property"), and owned by the Applicant, and providing that the
Property shall be used by the Applicant exclusively for charitable or benevolent
purposes on a non-profit basis; and
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WHEREAS, in consideration of Council's adoption of this Ordinance, the
Applicant has voluntarily agreed to pay each year a service charge in an amount equal
to twenty percent (20%) of the City of Roanoke's real estate tax levy which would be
applicable to the Property were the Property not exempt from such taxation, for so long
as the Property is exempted from such taxation.
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THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. Council classifies and designates the Oliver White Hill Foundation, as a
charitable or benevolent organization within the context of Section 6(a)(6) of Article X of
the Constitution of Virginia, and hereby exempts from real estate taxation certain real
estate, identified by Roanoke City Tax Map No. 2011424, commonly known as 401
Gilmer Avenue, N.W., and owned by the Applicant, which property is used exclusively
for charitable or benevolent purposes on a non-profit basis; continuance of this
exemption shall be contingent on the continued use of the property in accordance with
the purposes which the Applicant has designated in this Ordiri'ance.
2. In consideration of Council's adoption of this Ordinance, the Applicant
agrees to pay to the City of Roanoke on or before October 5 of each year a service
charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate
tax levy which would be applicable to the Property, were the Property not exempt from
such taxation, for so long as the Property is exempted from such taxation.
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3. 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.
4. The City Clerk is directed to forward an attested copy of this Ordinance,
after it is properly executed by the Applicant, to the Commissioner of the Revenue and
the City Treasurer for purposes of assessment and collection, respectively, of the
service charge established by this Ordinance, and to Esther H. Vassar, President, and
the authorized agent of the Oliver White Hill Foundation.
5. Pursuant to Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
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ACCEPTED, AGREED TO AND EXECUTED by Oliver White Hill Foundation,
this _ day of , 2008.
OLIVER WHITE HILL FOUNDATION
By
(SEAL)
Printed Name and Title
APPROVED
ATTEST:
~:Vh7, h] OIr>V
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of November, 2008.
No. 38291-111708.
AN ORDINANCE amending Section 24-24, General responsibilities of the
director of civic facilities, Section 24-25, Fidelity bonds for certain personnel, Section 24-
26, Rates for use and terms, Section 24-27, Special revolving bank checkinq account
for receipts, Section 24-28, Refund of receipts from advance ticket sales, Section 24-29,
Authoritv of director. assistant director and box office manaqer to cash checks, Section
24-30, Record of and settlement of accounts for rental events, Section 24-31, City-
sponsored events, of Division I, Generally, and Section 24-48, Function. of Division II,
Civic Center Commission, of Article II, Civic Center. of Chapter 24, Public BuildinQs and
Property Generally, of the Code of the City of Roanoke (1979) as amended, to effect
certain changes to the City Code to reflect that the Civic Center management is being
contracted out; establishing an effective date; and dispensing with the second reading
of this ordinance by title.
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BE IT ORDAINED by the Council of the City of Roanoke as follows:
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1 . Sec. 24-24, General responsibilities of the director of civic facilities, Sec.
24-25, Fidelity bonds for certain personnel, Sec. 24-26, Rates for use and terms, Sec.
24-27, Special revolvinq bank checkinq account for receipts, Sec. 24-28, Refund of
receipts from advance ticket sales, Sec. 24-29, Authority of director, assistant director
and box office manaqer to cash checks, Sec. 24-30, Record of and settlement of
accounts for rental events, Sec. 24-31, City-sponsored events, of Division I, Generally,
and Sec. 24-48, Function. of Division II, Civic Center Commission, of Article II,Civic
Center, of Chapter 24, Public Buildinqs and Property Generally, of the Code of the City
of Roanoke (1979) as amended, and they are hereby amended and reordained to read
and provide as follows:
DIVISION I. GENERALLY
* * *
Sec. 24-24. General responsibilities of director of civio boilitieEaeneral
manaaer of the civic center.
Subject to the Eupervicion and oontrol of the city manager, the director of
oivio faoilitiec The general manager of the civic center shall be responsible
for the operation and administration of all of the functions of the civic
center. The directorgeneral manager shall be responsible for the
collection of all rents, fees, charges, receipts, revenues and other funds
accruing to the city from the operation of the civic center, and for payment
and I report thereof to the city treasurer and to the director of finance as
and in the manner provided in section 24-27.
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Sec. 24-25. Fidelitv eBonds for certain personnel.
The director of civio boilitiesgeneral manager of the civic center, the
assistant direotor of oivio faoilitieEgeneral manager of the civic center, the
box office manager and the head box office cashier shall provide, and
shall keep in effect at all times in the office of the city clerk, fidelity
bonds,employee dishonesty bonds, written by a surety company
authorized to do business in the state and approved as a surety by the
director of finance, payable to the city in penalties of not less than two
hundred fifty thousand dollars ($250,000.00) each, conditioned upon
faithful performance of their respective duties under this article and faithful
accounting for all funds coming into their hands under this article, the form
of such bonds to be approved by the city attorney.
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Sec. 24-26. Rates for use and terms.
(a) The city managergeneral manager shall establish from time to time
a current schedule of fees, rentals, rates, charges, and terms to be
required for use of the civic center and, subject to such limits and
guidelinec as the city manager may impoce, authorize the director of civio
bcilitiec to may vary the fees, rentals, rates, charges, and terms in certain
instances for events at the civic center, including, without limitation,
concerts, plays, sporting events, circuses or ice shows, subject to the city
manager's approval.
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(b) The director of oivic bcilitiesgeneral manager of the civic center
may negotiate and execute contracts, and licenses, or leaces for the use
of the civic center for single-date or multiple-date events, with the approval
of the city manager or his or her designee, that occur during any period of
time of less than twelve (12) months. Furthermore, the direotor of civic
boilitiesthe general manager of the civic center may negotiate and
execute contracts, and licenses, or leacec for the use of the civic center
for multiple-date events, with the concurrence of the city manager or the
city manager's designee, that occur over a time period of twelve (12)
months or more, but less than sixty (60) months.
(c) ^ oach deposit or certified check equal to one half ( 1/2) of the rent
shall be depocited with the oity cix (6) months in advanoe of the event or
with the return of the oontraot, whichever i€: later. The balance of the rent
shall be paid upon oompletion of the event unless othenNi€:e agreed. In the
CQ€:e of a public ticket calc lI:here monies from tioket sales on depo€:it in
the civic center box office would equal or exceed the balance of the rent,
this requirement may be waived by the director of ci'Jio faoilities; In
negotiating contractc for use of the civio oenter, the director of oivio
facilitie€: may, with the '.witten approval of the oity manager and for good
cauce appearing to the city manager, reduoe, 'Naive or enlarge any of the
requirement€: €:et forth in this subparagraph.
(c.xet Civic, religious and charitable organizations, the incomes of which
are exempt from taxation under the United States Internal Revenue Code,
may apply to the civio oenter city manager for a civic rate, as established
by council, to conduct a nonprofit activity at the civic center, where the
proceeds do not accrue to the benefit of an individual, business or
commercial entity. The direotor of oivic faoilitiescity manager may
authorize the use of a civic rate.
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Sec. 24-27. Special revolving banI< checkinq account for receipts
checkina accounts for ooeratina exoenses and the deoosit of receiots.
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(a) All cash, including all payments made by check, received from the
operation of the civic center, except concession commission receipts and
ticket sale revenue, shall be caused to be deposited by the director of oivio
facilities general manager of the civic center, intact, on the banking day
following the date of receipt, in a special revolving bank checking interest
bearing operating expense checking account maintained in the name of
the City of Roanoke Civic Centercompany that is operating and managing
the civic center in such bank in the city as is designated in writing by the
director of finance. All ticket sale revenue shall be deposited in a separate
interest bearing event checking account maintained in the name of the
company that is operating and managing the civic center.
(b) Withdrawals from the bank checking operating expense checking
account or event checking account provided for in this section shall be
made by check signed by any two (2) of the following: The director of oivio
boilitiecgeneral manager of the civic center, the assistant direotor of oi':io
boilitiesgeneral manager of the civic center, the box office manager or the
head box office cashier. Every withdrawal from sooReither account shall
be supported by written authorization from the director of civio
faoilitiecgeneral manager of the civic center or the assistant direotor of
oivio boilitiesgeneral manager of the civic center, on which authorization is
clearly stated the purpose of the withdrawal. No v:ithdrawal chall be made
from suoh account for the payment of expenses for the direot employment
of personnel or employees.
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Withdrawal from such account shall only be made for one (1) or more of
the following purposes:
(1) Expenses for a lecseelicensee under the applicable permit
agreement.
(2) Admissions taxes reoeived from tioket cales.
(3) Ticket sales prooeeds to the lessee, net of rent and expenses.
(4) Rental revenue payable to the oity treacurer.
~(2) Deposit of excess cash over and above operating requirements in a
qualified public depository under the general law of the commonwealth.
{et(3) Payment of parking lot operational expenses.
(4) To pay for other expenses not listed above that are operating and
management expenses of the civic center, including but not limited to
payroll, marketing expenses, cost of supplies, printing, equipment rental,
etc.
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Withdrawals from the event checking account shall only be made to pay
(1) The promoter of an event at settlement
(2) Admissions taxes received from ticket sales
(3) Ticket sales proceeds to the licensee, net of rent and expenses.
(4) Rental revenue payable to the city treasurer.
(5) Other event-related expense
Sec. 24-28. Refund of receipts from advance ticket sales.
I
(a) Notwithstanding any other provision of this article to the contrary,
whenever it may appear, in the judgment of the director of civic
facilitiesgeneral manager of the civic center or assistant direotor of civic
facilitiesgeneral manager of the civic center, to be necessary and in. the
best interests of the city, for the protection of public property from probable
imminent danger, immediate cash refunds, from advance ticket sales
receipts in the city's handsreceipt of the city, may be made to the holders
of such tickets, upon certification in writing of the facts making such
immediate refund necessary being made by the director of civio
faoilitiecgeneral manager of the civic center or assistant director of oivic
faoilitiecgeneral manager of the civic center to the city manager. Such
refunds shall be accomplished by withdrawal of funds on hand or on
deposit in the speoial accountevent checking account provided for in
section 24-27 by check signed by two (2) of the following: The direotor of
oivic faoilitiesgeneral manager of the civic center, the assistant director of
civio faoilitiecgeneral manager of the civic center or the box office
manager. Such check shall be drawn payable to the order of the direotor
of oivic facilities or the director's designated assictant, general manager of
the civic center or the assistant general manager of the civic center both of
whom shall be under bond, with corporate surety, which bond, in all
instances, must be equal to or in excess of the face amount of any such
check.
(b) In the event of any refund pursuant to this section, the director of
oivio boilitiesgeneral manager of the civic center shall make adequate
provision for the protection of cash funds from the time of their withdrawal
until their disbursement or return to the speoial event checking account
provided for in section 24-27, and the direotorgeneral manager of the civic
center shall make full and adequate report and accounting of the use of
such funds and of tickets refunded upon such form of report as may be
prescribed by the director of finance.
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Sec. 24-29. Authority of director, assistant directorthe aeneral manaaer of
the civic center and assistant aeneral manger of the civic center and box
offioe manaqer to oash checks.
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Notwithstanding any other provision of this Code to the contrary, the
director of civic bcilitiesgeneral manager of the civic center, assistant
directorgeneral manager of the civic center or box offioe manager shall be
authorized to cash checks on which the 6#y-the general manager of the
civic center's company is the payor and a person with whom the city has a
written agreement for the purpose of presenting a show, play, concert,
exhibition, performance, sports event or other entertainment at the civic
center is the payee, when so requested by the payee during such hours
as the banks of the city are not open for the conduct of business with the
general public.
Sec. 24-30. Record of and settlement of accounts for rental events.
(a) A separate record for each rental event held at the civic center shall
be maintained by the director of civio boilitiesgeneral manager of the civic
center, on which shall be shown each cash receipt, each cash
disbursement and the net balance attributable to such event. The total of
the net balances of all such records shall, at all times, equal the cash in
the bank aooount event checking account referred to in section 24-27.
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(b) After the use of the civic center for an event, all outstanding items
from such event, other than city-sponsored events, shall be settled as
expeditiously as possible under the circumstances of that event; and the
net rental proceeds shall be remitted, by check drawn on the event
checking account referred to in section 24-27, to the city treasurer in
accordance with the procedures established by section 2-172 of this Code
and as provided in section 24-27(b) of this article.
Sec. 24-31. City-sponsored events.
(a) For the purpose of furthering the best interests of the public and to
lead to greater use of the civic center facilities, the direotor of oivio
boilitiesgeneral manager of the civic center, with the written approval of
the city manager given in each instance, is hereby authorized to arrange
for or engage shows, plays, exhibitions, performances and other
entertainments from which the city may derive income and, in so doing,
expend such city funds as are appropriated for the purpose of promoting
such activities and bringing notice to the public of such activities; and the
direotorgeneral manager of the civic center may, with the written approval
of the city manager, enter into written agreements on behalf of the city
engaging persons or firms to bring entertainment to such facilities, and
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may cause to be paid to such persons, in advance or out of proceeds to
be derived from such engagement, public f.unds expressly appropriated for
that purpose; and the directorgeneral manager of the civic center may,
with the city manager's written approval, guarantee to such persons
minimum sums to be payable by the Gitygeneral manager of the civic
centerto such persons for future performances; provided, however, that at
no time shall the aggregate amount of all such outstanding guarantees,
advance payments and other monetary obligations be more than such
sum as has been fixed by the council.
(b) For all events sponsored by the city, the oity manager general
manager of the civic center shall fix admission charges subject to the
approval of the city manager.
* * *
DIVISION 2: CIVIC CENTER COMMISION
* * *
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Sec. 24-48. Function.
(a) The commission shall serve in an advisory capacity for the Civic
Center and, to that end, is hereby delegated and shall operate in the
following manner:
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(1) Within funds provided by appropriation, to recommend promotional
methods to diversify or increase events at the Civic Center Coliseum,
Performing Arts Theatre, and Special Events Center.
(2) Recommend to the oity managergeneral manager of the civic
center appropriate rates for fees, rentals, rates, and terms for the use of
the civic center, and for necessary changes thereto.
(3) Advise on matters relating to the parking of vehicles, transportation
and traffic control at the Civic Center.
(4) Advise and report on the eWlsgeneral manager of the civic center's
intent to award long-term contracts or agreements for naming rights,
sports teams, tenants, or any multi-year commitments providing for
(catering and product sales concessions) at the Civic Center, subject to
the city manager's approval, such decision to be reported to the city
council for implementation, if required; provided, however, that the rights
of no party to any outstanding or existing contract or agreement heretofore
executed shall be abridged or impaired.
(5) Advise and report matters of policy with reference to ticket sales.
(6) Serve as ambassador and representative within the community and
assist in promotion of upcoming events and special activities.
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(7) Advise on the acquisition of capital needs of the Civic Center in
order for the Civic Center to remain competitive.
I
(b) Matters not hereinabove specifically delegated to the commission
shall remain with the Civio Center directorgeneral manager of the civic
center, city councilor the city manager, as the case may be.
2. Providing for an effective date of January 1, 2009.
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:
/sJ;+A~ m. Ir;chV
Stephanie M. Moon, CMC
City Clerk
$V
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
I
The 17th day of November, 2008.
No. 38292-111708.
AN ORDINANCE authorizing the City Manager to enter into a management and
lease agreement with Global Spectrum, LP, for a term of five years, in connection with
Global Spectrum's proposed management of the Roanoke Civic Center; and dispensing
with the second reading of this ordinance by title.
WHEREAS, a public hearing was held November 17, 2008, by this Council
pursuant to Sections 58.1-1800 and 1813 of the Code of Virginia (1950) as amended, to
consider this matter.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1 . The City Manager is hereby authorized to enter into a management and
lease agreement with Global Spectrum, LP, in connection with Global Spectrum, LP's,
management of the Roanoke Civic Center, for a term of five years, such term to' I
commence on January 1,2009. The agreement shall include the lease of 7,484 square
feet of City-owned property, to be used as office space, at the Roanoke Civic Center,
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located at 710 Williamson Road, and designated as Official Tax Map No. 3024004, as
further stated in the City Manager's letter, and its attachment, to this Council dated
November 17, 2008.
2. The management and lease agreement shall be substantially similar in
form to the proposed agreement attached to the City Manager's November 17, 2008,
letter to this Council and shall be approved as to form 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:
~ >>7. h]OmJ
. Stephanie M. Moon, CMC
City Clerk
52
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 1 st day of December, 2008.
No. 38293-120108.
AN ORDINANCE authorizing the lease of 472 square feet of space located within
City owned property located in the City Market Building, on a month-to-month basis,
retroactive to November 20, 2008, to Sharebike, Inc., for a term not to exceed twelve
(12) months; and dispensing with the second reading of this ordinance by title.
WHEREAS, a public hearing was held on December 1, 2008, pursuant to
9915.2-1800(B)and 1813, Code of Virginia (1950), as amended, at which hearing all
parties in interest and citizens were afforded an opportunity to be heard on the
proposed lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1 . The City Manager and City Clerk are hereby authorized to execute and
attest, respectively, in a form approved by the City Attorney, an agreement with
Sharebike, Inc., for the lease of approximately 472 square feet of space located within
City-owned property in the City Market Building, for a bicycle rental business and to hold I
bicycle safety classes, on a month-to month basis, not to exceed twelve (12) months,
retroactive to November 20, 2008, upon certain terms and conditions, and as more
particularly described in the City Manager's letter to this Council dated December 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:
~Oh.fY)~
Stephanie M. Moon, CMC
City Clerk
I'"'l'\..rl ~ CWl-u.-
~ ~ V ()' .~ --
David A. Bowers
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 sl day of December, 2008.
No. 38294-120108.
A RESOLUTION authorizing the acceptance of a Federal Transportation
Enhancement Fund grant from the Virginia Department of Transportation for further
construction and development efforts for the Roanoke River-Tinker Creek Greenway
trail connection project; 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 Federal Transportation
Enhancement Fund grant from the Virginia Department of Transportation in the amount
of $294,000.00, for further construction and development efforts for the Roanoke River-
Tinker Creek Greenway trail connection project, all as more particularly set forth in the
City Manager's letter dated December 1, 2008"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 Transportation,
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 the grant.
APPROVED
ATTEST:
~1T)'~bW
Stephanie M. Moon, CMC
City Clerk
'd)<r?J~
David A. Bowers
Mayor
54
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of December, 2008.
No. 38295-120108.
AN ORDINANCE to appropriate funding from the Virginia Department of
Transportation for the Roanoke River Greenway project, 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 State Grant Funds
Revenues
Roanoke River Greenway TEA21
08-620-9200-9007 $ 294,000.00
08-620-9200-9200 294,000.00
I
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:
~~ 1Y).h{ow
Stephanie M. Moon, CMC
City Clerk
'J<LC)2---
David A. Bowers
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of December, 2008.
No. 38296-120108.
A RESOLUTION authorizing the obtaining and acceptance of a Virginia
Department of Conservation and Recreation (DCR) Water Ouality Improvement Fund
(WOlF) Grant in the amount of $83,500.00 for projects to improve water quality in
streams 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 obtain, receive, implement,
use, and administer such WOlF Grant, upon certain terms and conditions.
WHEREAS, the DCR has awarded the City a WOlF Grant in the amount of
$83,500.00 and such Grant requires the execution of a Grant Agreement between the
DCR and the City; and
WHEREAS, such WOlF Grant requires the City to provide additional matching
funds and in kind services of $99,441.00.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The Council of the City of Roanoke hereby approves the obtaining of the
WOlF Grant and accepts the WOlF Grant from the DCR in the amount of $83,500.00,
which requires an additional $99,441.00 in City matching funds, to provide money for
projects to improve water quality in streams within the City, all as more particularly set
forth in the letter dated December 1, 2008, from the City Manager to this Council.
2. The City Manager is hereby authorized to execute a Grant Agreement
between the City and the DCR 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.
56
3. The City Manager is further authorized to execute any necessary I
additional documents, provide any additional information, and to take any necessary
actions in order to obtain, accept, receive, implement, use, and administer such WQIF
Grant and to complete the above described work in connection with such Grant.
APPROVED
ATTEST:
~m.rr;o&>V
Stephanie M. Moon, CMC
City Clerk
~~~-
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of December, 2008.
No. 38297-120108.
I
AN ORDINANCE to appropriate funding from the Virginia Department of
Conservation and Recreation and transfer funding from the Storm Water Maintenance
project for the Water Quality Improvement Program, 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 State Grant Funds
Appropriated from General Revenue
Revenues
Water Quality Improvement Program-
VDCR Reimbursement
08-530-9556-9007
08-530-9736-9003
$ 182,941 .00
(99,441.00)
08-530-9556-9556
83,500.00
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Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
Stephanie M. Moon, CMC
City Clerk
~-
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of December, 2008.
No. 38298-120108.
AN ORDINANCE to appropriate funding from the Virginia Department of
Emergency Management for the reimbursement of expenses of the Regional
Hazardous Materials Response Team, 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
C 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 (< $5,000.00)
Expendable Equipment (< $5,000.00)
Expendable Equipment (< $5,000.00)
Revenues
Haz Mat Response Reimburse - State FY06
Haz Mat Response Reimburse - State FY07
Haz Mat Response Reimburse - State FY08
35-520-3228-2035
35-520-3229-2035
35-520-3230-2035
$ 6,821.00
14,072.00
3,975.00
35-520-3228-3268
35-520-3229-3269
35-520-3230-3270
6,821.00
14,072.00
3,975.00
58
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:
- ?P7. hn'()[ry0
, tephanie M. Moon, CMt
City Clerk
Q~-
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of December, 2008.
No. 38299-120108.
A RESOLUTION approving a Public Art Action Plan for FY 2009.
I
BE IT RESOLVED by the Council of the City of Roanoke that Council hereby
approves the Public Art Action Plan for FY 2009 as outlined in the City Manager's report
dated December 1, 2008, as a part of the City's Public Art Policy.
~~
APPROVED
ATTEST:
. ~ )n.MtpYV
Stephanie M. Moon, CM~
City Clerk
~Q~~
David A. Bowers
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of December, 2008.
No. 38300-120108.
AN ORDINANCE to transfer funding from the Percent for the Arts, Civic Center
Public Art and Temporary Public Art. projects for the Highland Park Bench Project,
Gainsboro Library Project and Enhancement of Market Square Walkway Project,
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 CMERP
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
08-610-9929-9132
08-610-9930-9003
08-61 0-9931 -9003
08-610-9932-9003
08-610-9934-9003
08-61 0-9935-9003
$(81,379.00)
(1,621.00)
25,000.00
(16,000.00)
9,000.00
65,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ht. )'Ylw-tV
Stephanie M. Moon, CMC
City Clerk
, SJ>~~--
David A. Bowers
" Mayor
60
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of December, 2008.
No. 38301-120108.
A RESOLUTION authorizing execution of the 2008-2009 Community
Development Block Grant (CDBG) Subgrant Agreement with Rebuilding Together,
Roanoke, Inc., for the World Changers 2009 project, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that, as more
particularly set forth in the City Manager's letter dated December 1, 2008, that the City
Manager and City Clerk are hereby authorized to execute and attest, respectively, on
behalf of the City, a 2008-2009 CDBG Subgrant Agreement with Rebuilding Together,
Roanoke, Inc., regarding the World Changers 2009 project, such agreement to be
approved as to form by the City Attorney.
APPROVED
ATTEST:
.~ d1i. h'-)aw
2>Q(![j~. -
David A. Bowers
Mayor
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of December, 2008.
No. 38302-120108.
AN ORDINANCE amending and reordaining 932-86, Financial eliqibility, Code of
the City of Roanoke (1979), as amended, by adding a new subsection (h) increasing
from $34,000.00 to $42,000.00 the total combined annual income threshold and
increasing from $125,000.00 to $160,000.00 the net combined financial worth threshold
for qualification for real estate tax exemption for elderly and disabled persons for the tax
year commencing July 1, 2009; amending current subsection (h) of 932-86, Financial
eliqibility, to redesignate such subsection as subsection (i); and dispensing with the
second reading of this ordinance.
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BEJT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 32-86, Financial eliqibility. Code of the City of Roanoke (1979), as
amended, is amended and reordained as follows:
932-86. Financial eligibility.
* * *
(h) For the tax year commencing July 1, 2009, and for
subsequent tax years, the total combined income as defined in subsection
(a) above of any owner claiming an exemption under this division as of the
thirly-first day of December of the immediately preceding calendar year
shall not exceed forly-two thousand dollars ($42,000.00), and the net
combined financial worlh as defined in subsection (a) above as of the
thirly-first day of December of the immediately preceding calendar year
shall not exceed one hundred and sixty thousand dollars ($160,000.00).
(Hi) A change in ownership to a spouse less than sixty-five (65)
years of age or not permanently and totally disabled, which results solely
from the death of his or her qualified spouse, shall result in a pro rata
exemption for the then current taxable year. Such prorated portion shall
be determined by multiplying the amount of the exemption by a fraction
wherein the number of complete months of the tax year such property was
properly eligible for such exemption is the numerator and the number
twelve (12) is the denominator.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~m.~o\)YL/
Stephanie M. Moon, CMe
City Clerk
~Q~~v ~
David A. Bowers
Mayor
62
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 15th day of December, 2008.
No. 38303-121508.
A RESOLUTION proclaiming Estelle McCadden as Roanoke's Citizen of the
Year for 2008.
WHEREAS, Ms. McCadden, a native of Rocky Mount, Virginia, graduated from
Lucy Addison High School, received a B.S. in Home Economics and Science from
Morgan State University, and did additional studies at the University of Virginia, Virginia
Tech, and Radford University;
WHEREAS, Ms. McCadden was employed by Roanoke City Public Schools for
29 years, where she taught Home Economics and Culinary Arts, and continues to have
an impact on the lives of students through her participation in the Parent Teacher
Associations of Hurt Park Elementary, Breckinridge Middle School, William Fleming
High School, and the Roanoke Academy for Mathematics and Science;
WHEREAS, Ms. McCadden is an activist and advocate in the faith-based I
community, having served as Youth Department Director of Jerusalem Baptist Church
for 25 years, as Program Chair for her church's Senior Missionary Society, and as
director of the W. N. Hunter Gospel Choir, which she founded 38 years ago;
WHEREAS, Ms. McCadden, who co-founded the Melrose-Rugby Neighborhood
Forum in the early 1990s and currently serves as its president, has been a tireless
advocate and activist on behalf of the City's neighborhoods;
WHEREAS, in 2000 Ms. McCadden created the annual Virginia Statewide
Neighborhood Conference, which allows citizens from across the Commonwealth to
come together and share ideas that can help their communities, and continues to serve
as Chair of the Conference's Planning Committee;
WHEREAS, Ms. McCadden has served for 15 years on the Board of Directors of
Neighborhoods USA, a national organization dedicated to developing partnerships
among neighborhoods, local government, and public/private agencies, and has been a
workshop presenter at NUSA's annual conference for the past 10 years;
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WHEREAS, Ms. McCadden has contributed her time and talents to a number of
community efforts and events over the years, including organizing and co-chairing
Roanoke's Presidents' Council, a coalition of City neighborhood and watch group
organizations; helping organize the annual City neighborhoods' "Harvesting the Fruits"
potluck dinner; volunteering as co-chair for the Commonwealth's Ms. Virginia Senior
Pageant; volunteering on the City's Special Events Committee and Steering Committee;
participating on the Roanoke Police Department's CARE Patrol Team in its efforts to
curb crime; and she was chosen Roanoke's Mother of the Year for Community Affairs in
1994, and the YWCA's recipient of the Women of Achievement Award for Volunteerism
in 2007;
, I
WHEREAS, at age 82, Ms. McCadden continues to demonstrate personally her
commitment to Roanoke's neighborhoods, its citizens, and the entire community, and is
a role model for others to follow.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that
Estelle McCadden is Citizen of the Year for 2008 in the City of Roanoke, Virginia.
APPROVED
ATTEST:
~Ir;. YrJ~
Stephanie M. Moon, CMC
City Clerk
Q)\1.a~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38304-121508.
A RESOLUTION paying tribute to the 2008 William Fleming High School varsity
football team for winning the 2008 Western Valley District Championship, and
completing the season with a 9-2 overall record.
WHEREAS, the William Fleming football team outscored its opponents 266 to
108 during the regular season, averaging 26.6 points per game offensively while only
allowing 8.2 defensively;
64
WHEREAS, the William Fleming football team was 5-0 in district competition I
outscoring its district opponents 105 to 51 ;
WHEREAS, the William. Fleming football team placed ten players on the All
Western Valley District first team, five on defense and five on offense;
WHEREAS, linebacker Tre' Jones, linebacker Jesse Jenkins, defensive back
Shaquan Manning, defensive tackle Carlton Crossgill, and defensive end Kevin Thomas
were first team defensive selections, quarterback Derek Brown, running back LaCalvin
Hickman, wide receiver Aaron Johnson, Jr., center Frankie Allison, and tackle Deonte
Hall were first team offensive selections; all were selected for their outstanding play;
WHEREAS, the William Fleming High School varsity football team placed two
players on the Northwest All-Region team: Tre' Jones and Shaquan Manning; and
WHEREAS, the outstanding young men of the William Fleming High School
varsity football team represented their school and community with the highest degree of
sportsmanship and pride, directly reflecting the fortitude and excellence that resonates
throughout the entire William Fleming High School family.
THEREFORE IT BE RESOLVED by the Council of the City of Roanoke that I
Council adopts this resolution as a means of paying tribute to the 2008 William Fleming
High School varsity football team for its outstanding athleticism and accomplishments.
APPROVED
ATTEST:
.~ "on. Y'YJb~
Stephanie M. Moon, CMC
City Clerk
g~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38305-121508.
A RESOLUTION authorizing acceptance of the FY2009 Fire Programs Funds
Grant made to the City of Roanoke by the Virginia Department of Fire Programs, and
authorizing execution of any required documentation on behalf of the City.
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BE IT RESOLVED by the Council of the City of Roanoke as follows:
1 . The City Manager is hereby authorized on behalf of th~ City to accept
from the Virginia Department of Fire Programs the FY2009 Fire Programs Funds Grant
in the amount of $258,283.00, such grant being more particularly described in the letter
of the City Manager to Council dated December 15, 2008.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents setting forth the conditions of the grant in a form approved by
the City Attorney.
3. The City Manager is further directed to furnish such additional information
as may be required by the Department of Fire Programs in connection with the
acceptance of the foregoing grant.
APPROVED
ATTEST:
W~ hi. mOrn.;
Stephanie M. Moon, CMC I
City Clerk
<:;j) David
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38306-121508.
AN ORDINANCE appropriating funding from the Commonwealth of Virginia for
the Fire Program Grant, amending and reordaining certain sections of the 2008-2009
Grant Fund Appropdations, and dispensing with the 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:
66
Appropriations
Expendable Equipment <$5,000.00
Training and Development
Wearing Apparel
Recruiting
Regional Fire Training Academy
Regional Fire Training Burn Building
Revenues
Fire Program FY09
35-520-3338-2035
35-520-3338-2044
35-520-3338-2064
35-520-3338-2065
35-520-3338-9073
35-520-3338-9074
$73,283.00
10,000.00
70,000.00
5,000.00
60,000.00
40,000.00
35-520-3338-3338
258,283.00
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;. Ir-;t!h-J
Stephanie M. Moon, CMC
City Clerk
~,Q(D~~~
'::;J/ -~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38307-121508.
A RESOLUTION accepting the Western Virginia Workforce Development Board
Workforce Investment Act funding of $505,801.00, and authorizing the City Manager to
execute the requisite documents necessary to accept the funding.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Western Virginia Workforce Development Board Workforce
Investment Act funding in the amount of $505,801.00, for Program Year 2008, as more
particularly set out in the City Manager's letter dated December 15, 2008, to City
Council, is hereby ACCEPTED.
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2. The City Manager is authorized to execute, and the City Clerk is
authorized to attest, the requisite documents necessary to accept such funding. All
documents shall be upon form approved by the City Attorney.
APPROVED
ATTEST:
~~h1.~~
Stephanie M. Moon, CMC
City Clerk
s;"Q@7~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38308-121508.
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 dispensin9 with the 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
35-633-2350-1 002
35-633-2350-1 004
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
35-633-2350-2010
35-633-2350-2042
35-633-2350-2044
35-633-2350-2046
$15,231.00
12,699.00
2,692.00
133.00
2,136.00
965.00
57.00
147.00
37.00
500.00
635.00
238.00
300.00
68
Administrative - Food 35-633-2350-2060 420.00
Administrative - Business Meals and Travel 35-633-2350-2144 2,100.00 I
Administrative - Equipment Rental 35-633-2350-3070 378.00
Administrative - Other Rental 35-633-2350-3075 175.00
Administrative - Marketing 35-633-2350-8053 200.00
Administrative - Supplies 35-633-2350-8055 344.00
Administrative - Insurance 35-633-2350-8056 910.00
Administrative - Contract Services 35-633-2350-8057 8,034.00
Administrative - Leases 35-633-2350-8058 1,203.00
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 35-633-2351-1002 8,170.00
Adult- Temporary Employee Wages 35-633-2351-1004 2,814.00
Adult - City Retirement 35-633-2351-1105 1,299.00
Adult - ICMA Match 35-633-2351-1116 76.00
Adult - FICA 35-633-2351-1120 840.00
Adult - Medical Insurance 35-633-2351-1125 521.00
Adult - Dental Insurance 35-633-2351-1126 31.00
Adult - Life Insurance 35-633-2351-1130 80.00
Adult - Disability Insurance 35-633-2351-1131 20.00 I
Adult - Training and Development 35-633-2351-2044 228.00
Adult - Local Mileage 35-633-2351-2046 180.00
Adult - Food 35-633-2351-2060 83.00
Adult - Business Meals and Travel 35-633-2351-2144 360.00
Adult - Equipment Rental 35-633-2351-3070 232.00
Adult - Other Rental 35-633-2351-3075 71.00
Adult - Marketing 35-633-2351-8053 332.00
Adult - Supplies 35-633-2351-8055 186.00
Adult - Contract Services 35-633-2351-8057 194,547.00
Adult - Leases 35-633-2351-8058 650.00
Adult - Telephone 35-633-2351-8090 138.00
Dislocated Worker - Regular Employee Wages 35-633-2352-1 002 8,099.00
Dislocated Worker - Temporary Employee
Wages 35-633-2352-1004 4,088.00
Dislocated Worker - City Retirement 35-633-2352-1105 1,286.00
Dislocated Worker - ICMA Match 35-633-2352-1116 76.00
Dislocated Worker - FICA 35-633-2352-1120 1 ,172.00
Dislocated Worker - Medical Insurance 35-633-2352-1125 517.00
Dislocated Worker - Dental Insurance 35-633-2352-1126 30.00
Dislocated Worker - Life Insurance 35-633-2352-1130 78.00 I
Dislocated Worker - Disability Insurance 35-633-2352-1131 20.00
Dislocated Worker - Training and Development 35-633-2352-2044 198.00
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Dislocated Worker - Local Mileage
Dislocated Worker - Food
Dislocated Worker - Business Meals and Travel
Dislocated Worker - Equipment Rental
Dislocated Worker - Other Rental
Dislocated Worker - Marketing
Dislocated Worker - Supplies
Dislocated Worker - Contract Services
Dislocated Worker - Leases
Dislocated Worker - Telephone
Revenues
Workforce Investment Act Grant FY09
35-633-2352-2046
35-633-2352-2060
35-633-2352-2144
35-633-2352-3070
35-633-2352-3075
35-633-2352-8053
35-633-2352-8055
35-633-2352-8057
35-633-2352-8058
35-633-2352-8090
35-633-2350-2350
69
180.00
90.00
360.00
230.00
198.00
576.00
184.00
226,071.00
644.00
266.00
505,801.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ m.h\\:)~
Stephanie M. Moon, CMC "-
City Clerk
\i)~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38309-121508.
A RESOLUTION authorizing the City Manager to submit an application to the
Virginia Department of Transportation for a Safe Routes to School Project grant to
provide funds for the Safe Routes to School program as presented in the Garden City
School Travel Plan and the Williamson Road Area School Travel Plan; 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. By this resolution, the City Council for the City of Roanoke hereby
supports the Safe Routes to School program as presented in the Garden City School
Travel Plan, the Williamson Road Area School Travel Plan, and the City Manager's
letter dated December 15, 2008, to City Council.
70
2. The City Manager is hereby authorized to execute and submit an
application to the Virginia Department of Transportation for a Safe Routes to School
Project grant to provide funds for the Safe Routes to School program as presented in
the Garden City School Travel Plan and the Williamson Road Area School Travel Plan,
as more particularly set forth in the letter dated December 15, 2008, from the City
Manager to this Council, such application to be approved as to form by the City
Attorney.
3. The City Manager is hereby authorized to execute any forms necessary to
submit such application, such forms to be approved as to form by the City Attorney, and
to furnish such additional information or to take any other action as may be required in
connection with the City's submission of such application.
APPROVED
ATTEST:
~m.~
Stephanie M. Moon, CMC
City Clerk
g~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38310-121508.
AN ORDINANCE amending and reordaining Ordinance No. 36981-022205; and
dispensing with the second reading by title of this ordinance.
WHEREAS, by adopting Ordinance No. 36981-022205, on February 22, 2005,
City Council intended to permanently vacate, discontinue and close public rights-of way
situate in the City of Roanoke,' and more particularly described as follows:
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That portion of Draper Road from its intersection with U.S. 220 North
(Franklin Road) to its terminus at Old Rocky Mount Road;
that portion of Old Rocky Mount Road from its terminus on the westerly
side of tax parcel number 5370109 traveling north a distance of 1032.66
feet to tax parcel number 5370106; and
that portion of Welcome Valley Road from its intersection with Old Rocky
Mount Road traveling east an approximate distance of 130.00 feet along
tax parcel number 5390110.
WHEREAS, Ordinance No. 36981-022205 provided that it would be null and
void, with no further action by City Council being necessary, if the following three (3)
conditions, including the various filing requirements, were not met by February 22,
2010:
1. Applicant shall, at its sole expense, realign the intersection of Welcome
Valley Road with Old Rocky Mount Road as approximately shown on the
plat labeled Exhibit B-3 attached to the petition filed in the Office of the
City Clerk on December 2, 2004 subject to review and approval by the
City of Roanoke;
2.
Applicant shall, at its sole expense, signalize the intersection of Old Rocky
Mount Road with U. S. 220 (Franklin Road), subject to those requirements
as may be imposed by the Virginia Department of Transportation and/or
the City of Roanoke; and
3. Applicant shall, at its sole expense, relocate public utilities within the
vacated portions of Old Rocky Mount Road, Draper Road and Welcome
Valley Road as required by the City of Roanoke and the affected utilities
and Authority; and
WHEREAS, an extension of time to December 31, 2011, in which the above
conditions must be met will effectuate the purpose of Ordinance No. 36981-022205.
THEREFORE, BE IT ORDAINED by the Council.of the City of Roanoke that the
next to last paragraph of Ordinance No. 36981-022205 be amended to read and provide
as follows, and that such ordinance be reordained as amended:
BE IT FURTHER ORDAINED that if the above conditions have not been met by
December 31, 2011, then this ordinance shall be null and void with no further action by
City Council being necessary.
72
BE IT FURTHER ORDAINED that the applicant shall record a certified copy of I
this ordinance along with the copy of Ordinance No. 36981-022205 that is to be
recorded with the Clerk of the Circuit Court.
BE IT FINALLY ORDAINED that pursuant to the provisions of 912 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~~M.~
Stephanie M. Moon, CMC
City Clerk
~
Mayor
-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38311-121508.
I
AN ORDINANCE authorizing execution of a revised Intergovernmental
Agreement continuing the Roanoke Valley Greenway Commission; and dispensing with
the second reading by title of this ordinance.
WHEREAS, in March 1997 City Council authorized execution of an
Intergovernmental Agreement among the City of Roanoke, Roanoke County, City of
Salem, and the Town of Vinton, establishing the Roanoke Valley Greenway
Commission (the "Commission") for a period of twelve (12) years (the "Agreement");
WHEREAS, the purpose of the Commission is to promote and facilitate
coordinated direction and guidance in the planning, development and maintenance of a
system of greenways throughout the Roanoke Valley;
WHEREAS as a result of a decade of progress through regional cooperation in
the establishment and expansion of the greenway system throughout the Roanoke
Valley, revisions are needed to the Agreement in order to improve the operational
effectiveness of the Commission;
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WHEREAS representatives from each of the participating governments have
prepared proposed revisions to the Agreement which have been reviewed and
approved by the responsible officials of each of the participating governments; and
WHEREAS the proposed revisions to the Agreement continuing the Commission
are being submitted to each of the participating local governing bodies for their
approval.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. The City Manager and the City Clerk are hereby authorized to execute
and attest, respectively, a revised Intergovernmental Agreement continuing the
Roanoke Valley Greenway Commission.
2. Such, Agreement shall be in form approved by the City Attorney and
substantially in the form of the Agreement attached to the report of the City Manager
dated December 15, 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:
1~~'Yh. TY\~~
Stephanie M. Moon, CMC "-
City Clerk
SC)'Q&~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38312-121508.
AN ORDINANCE authorizing the City Manager to enter into an Agreement
between the City of Roanoke and the City of Roanoke School Board pertaining to the
operation of a fitness center at Woodrow Wilson Middle School for use by the general
public, upon certain terms and conditions; and dispensing with the second reading of
this ordinance by title.
74
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 operation of a
fitness center at Woodrow Wilson Middle School for use by the general public, such
Agreement to be upon such terms and conditions as are more particularly described in
the City Manager's letter dated December 15, 2008, to this Council.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~1'r7. :::t~
Stephanie M. Moon, CMC
City Clerk
9~~-
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38313-121508.
AN ORDINANCE to transfer funding from the Police Building Phase II project to
the Fire/EMS Station No. 5 project, 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 General Revenue
Appropriated from General Revenue
08-530-9567 -9003
08-530-9680-9003
$(277,764.00)
277,764.00
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Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~Y'n. ~D&rJ
Stephanie M. Moon, CMC
City Clerk
9<2-~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38314-121508.
AN ORDINANCE to appropriate funding from the Series 2008A Virginia
Resource Authority and Series 2008B Virginia Public School Authority Bonds to various
capital projects, amending and reordaining certain sections of the 2008-2009 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 2008-2009 Parking, Capital Projects and School Capital Projects Funds
Appropriations be, and the same are hereby, amendetland reordained to read and
provide as follows:
Parkinq Fund
Appropriations
Public Parking Facilities
Capital Proiects Fund
Appropriations
Police Academy Building
Fire/EMS Station #5 - Melrose
Bandy Avenue/Garnand Branch
Bridge Renovation
Berley Road/Glade Creek Bridge
Renovation
Crestmoor Road/Barnhart Branch
Bridge Renovation
07-540-8262-9286 $5,000,000.00
08-530-9540-9976 2,500,000.00
08-530-9727-9305 1,000,000.00
08-530-9727-9306 489,000.00
08-530-9727-9307 456,000.00
08-530-9727-9308 254,000.00
76
Rose Avenue/Garnand Bridge
Renovation
Riverside Centre Streetscape
Downtown and Village Streetscape
Renovated Branch Opening Day
Collection
Revenues
General Obligation Bond
Proceeds-Par
General Obligation Bond
Proceeds-Premium
School Capital Proiects Fund
Appropriations
Schools Roof Projects
Schools
Revenues
Literary Loan William Fleming High
School
General Obligation Bond
Proceeds-Par
General Obligation Bond
Proceeds-Premium
08-530-9727 -9309
08-530-9727 -9315
08-530-9727 -9316
08-650-9724-9311
08-110-1234-1042
08-11 0-1234-1 046
31-060-9708-9102
31-060-9708-9182
31-065-6070-1459
31-11 0-1234-1142
31-11 0-1234-1149
501,000.00
500,000.00
650,000.00
650,000.00
I
6,910,000.00
90,000.00
2,500,000.00
8,350,000.00
(7,500,000.00)
16,930,705.00
1,419,295.00
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:
~fr!.~
Stephanie M. Moon, CMC
City Clerk
:5D-Q~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th of December, 2008.
No. 38315-121508.
AN ORDINANCE to appropriate funding from the Commonwealth government
and donations, amending and reordaining certain sections of the 2008-2009 School I
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
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BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2008-2009 School Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Instructional Materials
Equipment
Educational Coordinator
Retiree Health Credit
Social Security
Retirement
State Group Life
Indirect Costs
Mileage
Instructional Supplies
Principal
Educational
Coordinators
Retiree Health Credit
Social Security
Retirement
Health Insurance
State Group Life
Internet Service
Mileage
Indirect Costs
Inservices
Instructional Supplies
Other Costs
Textbooks
Equipment
Revenues
Donation
State Grant Receipts
State Grant Receipts
302-180-1307 -1170-760C-611 00-46630-3-04
302-180-1307 -1170-760C-611 00-48821-3-04
302-120-0000-1 000-305C-611 00-41138-9-09
302-120-0000-1 000-305C-611 00-42200-9-09
302-120-0000-1 000-305C-611 00-42201-9-09
302-120-0000-1 000-305C-611 00-42202-9-09
302-120-0000-1 000-305C-611 00-42205-9-09
302-120-0000-1 000-305C-611 00-45586-9-09
302-120-0000-1 000-305C-611 00-45551-9-09
302-120-0000-1 000-305C-611 00-46614-9-09
302-110-0000-1 070-316C-6141 0-41126-3-09
302-110-0000-1 070-316C-611 00-41138-3-09
302-110-0000-1 070-316C-611 00-42200-3-09
302-110-0000-1 070-316C-611 00-42201-3-09
302-110-0000-1 070-316C-611 00-42202-3-09
302-110-0000-1 070-316C-611 00-42204-3-09
302-110-0000-1 070-316C-611 00-42205-3-09
302-110-0000-1 070-316C-611 00-45523-3-09
302-110-0000-1 070-316C-611 00-45551-3-09
302-110-0000-1 070-316C-611 00-45586-3-09
302-110-0000-1 070-316C-611 00-45587-3-09
302-110-0000-1 070-316C-611 00-46614-3-09
302-110-0000-1 070-316C-611 00-46615-3-09
302-110-0000-1 070-316C-611 00-46620-3-09
302-110-0000-1 070-316C-611 00-48821-3-09
302-000-0000-0000-760C-00000-33808-0-00
302-000-0000-0000-305C-00000-32220-0-00
302-000-0000-0000-316C-00000-32220-0-00
$8,930.00
21,000.00
20,951.00
629.00
1,603.00
8,042.00
476.00
1,048.00
1,000.00
(1,000.00)
4,667.00
13,528.00
(115.00)
1,584.00
(3,284.00)
9,981.00
(388.00)
5,000.00
500.00
910.00
900.00
(1,000.00)
(5,000.00)
5,000.00
(3,000.00)
29,930.00
32,749.00
29,283.00
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:
~ rho ir)owJ
Stephanie M. Moon, CMC {
City Clerk
David A. Bowers
Mayor
78
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38316-121508.
A RESOLUTION changing the date of the regular meeting of City Council
scheduled to be held at 2:00 p.m. and 7:00 p.m., on Tuesday, January 20, 2009, to 2:00
p.m. and 7:00 p.m., on Thursday, January 22, 2009.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The meeting of City Council regularly scheduled to be held at 2:00 p.m.
and 7:00 p.m., on Tuesday, January 20, 2009, is hereby rescheduled to commence at
2:00 p.m. and 7:00 p.m., on Thursday, January 22,2009.
2. The City Clerk is directed to cause a copy of this resolution to be posted
adjacent to the doors of the Council Chambers and inserted in a newspaper having
general circulation in the City at least seven days prior to January 20, 2009.
APPROVED
ATTEST:
~m. Or\OcNV
Stephanie M. Moon, CMC \
City Clerk
.Q)'~~-
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38317-121508.
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 a condition presently binding upon certain properties
conditionally zoned D, Downtown District, and adopting a new proffer pertaining to such
properties; and dispensing with the second reading by title of this ordinance.
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WHEREAS, Lawson Building, LLC has made application to the Council of the
City of Roanoke, Virginia ("City Council"), to repeal a certain condition presently binding
upon properties located on Campbell and Church Avenues, S.E., being designated as
Official Tax Nos. 4011116 and 4011136 through 4011141, inclusive, which properties
are zoned D, Downtown District, with a proffer, such proffer being accepted by the
adoption of Ordinance No. 38203-081808, adopted August 18, 2008, and to adopt in its
place a new proffer that the properties will be built in substantial conformity to a plan
entitled "Lawson Building LLC" and dated October 1, 2008;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on December 15, 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; this Council, after considering the aforesaid application, the
recommendation made to this Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the
public necessity, convenience, general welfare and good zoning practice, require the
amendment of the proffer applicable to the subject properties, and is of the opinion that
the condition now binding upon properties located on Campbell and Church Avenues,
S.E., being designated as Official Tax Nos. 4011116 and 4011136 through 4011141,
inclusive, should be amended as requested, and that such properties be zoned D,
Downtown District, with a proffer as set forth in the Amendment of Proffered Conditions
- Amended Application No.1 dated October 21, 2008.
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 the proffer being accepted by the adoption of
Ordinance No. 38203-081808, adopted August 18, 2008, is repealed and adopted in its
plac'e is a new proffer that the properties will be built in substantial conformity to a plan
entitled "Lawson Building LLC" and dated October 1, 2008, as provided in the
Amendment of Proffered Conditions - Amended Application No.1 dated October 21,
2008, so that the subject properties are zoned D, Downtown District, with such proffer.
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2. 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:
~ 1'V)./'Y\DW
Stephanie M. Moon, CMC ~
City Clerk
S)~-
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38318-121508.
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, I
2005, as amended, to amend the Planned Unit Development Plan to permit construction
of a maximum of 13 single-family dwelling units instead of 27 single-family and
multifamily dwelling units previously allowed by City Council, to remove a community
green area, and to construct a landscaped cul-de-sac street, for properties, identified by
Official Tax Nos. 1290107, and 1290220 through 1290229, inclusive, located at 3209
Queen Anne Court Circle, S.W.; and dispensing with the second reading by title of this
ordinance.
WHEREAS, Queen Anne Court of Southwood, Inc. has made application to the
Council of the City of Roanoke, Virginia ("City Council"), to amend the Planned Unit
Development Plan to permit construction of a maximum of 13 single-family dwelling
units instead of 27 single-family and multifamily dwelling units previously allowed by City
Council, to remove a community green area, and to construct a landscaped cul-de-sac
street, for properties, identified by Official Tax Nos. 1290107, and 1290220 through
1290229, inclusive, located at 3209 Queen Anne Court 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;
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WHEREAS, a public hearing was held by City Council on such application at its
meeting on December 15, 2008, after due and timely notice thereof as required by
S36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all
parties in interest and citizens were given an opportunity to be heard, both for and
against the amendment of the Planned Unit Development Plan for the properties
identified by Official Tax Nos. 1290107, and 1290220 through 1290229, inclusive,
located at 3209 Queen Anne Court 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 to permit construction of a
maximum of 13 single-family dwelling units instead of 27 single-family and multifamily
dwelling units previously allowed by City Council, to remove a community green area,
and to construct a landscaped cul-de-sac street, for properties, identified by Official Tax
Nos. 1290107, and 1290220 through 1290229, inclusive, located at 3209 Queen Anne
Court Circle, S.W., as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect the amendment of the Planned Unit Development Plan
to permit construction of a maximum of 13 single-family dwelling units instead of 27
single-family and multifamily dwelling units previously allowed by City Council, to
remove a community green area, and to construct a landscaped cul-de-sac street, for
properties, identified by Official Tax Nos. 1290107, and 1290220 through 1290229,
inclusive, located at 3209 Queen Anne Court Circle, S.W., as set forth in the Zoning
Amended Application NO.1 dated October 31,2008.
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:
~ hi. mOM)
Stephanie M. Moon, CMC L
City Clerk
~'Q.C1l_M
David A. Bowers
Mayor
-
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38319-121508.
AN ORDINANCE amending and reordaining Article III, Special License Taxation,
of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979) as
amended, by adding a new Section 19-76.1, Taxation of Wireless Telephone and
Communication Providers. to be consistent with the Code of Virginia; providing for an
effective date, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Article III, Special License Taxation, of Chapter 19, License Tax Code,
of the Code of the City of Roanoke (1979) as amended, is hereby amended and
reordained by the addition of new Section 19-76.1 , Taxation of Wireless Telephone and
Communication Providers. to read and provide as follows:
Sec. 19-76.1, Taxation of Wireless Telephone and Communication Providers
Effective February 1, 2009, there is imposed on every public service
company or other person providing wireless telephone or communication
service and doing business in this city, a tax of one half of one percent
(0.5%) of the gross receipts from such wireless telephone or
communication service within the city and from local telephone directory
listings and advertising received by such person from business done in the
city. Such gross receipts shall include only receipts from business done
exclusively in this city and shall exclude receipts from business done to
and from points outside this state and receipts from any business done
with the government of the United States.
2.
2009.
This amendment will be in full force and effect on and after February 1,
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3. Pursuant to Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~h7''10&n)
Stephanie M. Moon, CMC
City Clerk
SJ)~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38320-121508.
AN ORDINANCE authorizing the City Manager to execute the necessary
documents providing for the conveyance of three portions of City owned property
totaling 17.1044 acres to the Roanoke Regional Airport Commission in connection with
the expansion of the Airport's Runway Protection Zone for Runway 6, the first portion
consisting of approximately 3.4372 acres, the second consisting of approximately
2.5097 acres, and the third portion consisting of approximately 11.1576 acres,
designated as portions of Roanoke City Tax Map No. 6472302, located at 2100
Countryside Drive, N.W., in exchange for property owned by the Roanoke Regional
Airport Commission designated as Roanoke City Tax Map Nos. 6421001, 6431101, and
6421113; and dispensing with the second reading by title of this ordinance.
WHEREAS, a public hearing was held on December 15, 2008, pursuant to
SS15.2-1800(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:
84
1. The City Manager and the City Clerk are hereby authorized, for and on I
behalf of the City, to execute and attest, respectively, the necessary documents
providing for the conveyance to the Roanoke Regional Airport Commission of three
portions of City owned property totaling 17.1044 acres, the first portion consisting of
approximately 3.4372 acres, the second consisting of approximately 2.5097 acres, and
the third portion consisting of approximately 11 .1576 acres, designated as portions of
Roanoke City Tax Map No. 6472302, located at 2100 Countryside Drive, N.W., in
exchange for property owned by the Roanoke Regional Airport Commission designated
as Roanoke City Tax Map Nos. 6421001, 6431101, and 6421113, upon the terms and
conditions set forth in the City Manager's letter to this Council dated December 15,
2008.
2. The City Manager is also authorized to execute such documents and take
such action as may be necessary to effect this conveyance, including execution of a plat
of subdivision, deed, and documents related to the closing.
3. All documents necessary for this conveyance shall be in form approved by
the City Attorney.
4. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
I
ATTEST:
~ht.~
Stephanie M. Moon, CMC
City Clerk
S))~QO~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38321-121508.
AN ORDINANCE authorizing the City Manager to execute a lease agreement
with Eddie Soo Park, d/b/a Tokyo Express, for approximately 182 square feet of space
in the City Market Building, located at 32 Market Square, Roanoke, Virginia 24011, for a
month-to-month term, effective January 1, 2009, not to exceed twelve (12) months; and
dispensing with the second reading of this ordinance by title.
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WHEREAS, a public hearing was held on December 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 the
proposed lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. The City Manager and the City Clerk are hereby authorized, to execute
and attest, respectively, in a form approved by the City Attorney, an agreement with
Eddie Soo Park, d/b/a Tokyo Express, for the lease of approximately 182 square feet of
space in the City Market Building, located at 32 Market Square, Roanoke, Virginia, for a
restaurant establishment, for a month-to-month term, effective January 1, 2009, not to
exceed twelve (12) months, at a rental rate of $424.67 per month, upon certain terms
and conditions, and as more particularly described in the City Manager's letter to this
Council dated December 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
ATTEST:
~"h1'~D~
Stephanie M. Moon, CMC
City Clerk
~Q~~........
~ ~C ---
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December.
No. 38322-121508.
AN ORDINANCE authorizing the lease of 635 square feet of space located within
City-owned property located in the City Market Building, on a month-to-month basis to
Elias Azar, d/b/a Azar Jewelry, Inc., commencing on January 3, 2009, for a term not to
exceed twelve (12) months; and dispensing with the second reading of this ordinance
by title.
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WHEREAS, a public hearing was held on December 15, 2008, pursuant to I
9915.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all
parties in interest and citizens were afforded an opportunity to be heard on the
proposed lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1 . The City Manager and City Clerk are hereby authorized to execute and
attest, respectively, in a form approved by the City Attorney, an agreement with Elias
Azar, d/b/a Azar Jewelry, Inc., for the lease of approximately 635 square feet of space
located within City-owned property in the City Market Building, for a jewelry store and
jewelry repair shop, on a month-to-month basis, not to exceed twelve (12) months,
commencing January 3, 2009, upon certain terms and conditions, and as more
particularly described in the City Manager's letter to this Council dated December 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
I
ATTEST:
~~Yn.~~
Stephanie M. Moon, CMC
City Clerk
9)Qf!J6~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38323-121508.
AN ORDINANCE authorizing the City Manager to execute a lease agreement
with The Hertz Corporation for approximately 87,120 square feet of City-owned property
located at 1302 Municipal Road, N.W., Roanoke, Virginia, for a period of nineteen
months, retroactive to December 1, 2008, and expiring June 30, 2010; and dispensing
with the second reading of this ordinance by title.
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WHEREAS, a public hearing was held on December 15, 2008, pursuant to
SS15.2-1800(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 the City Clerk are hereby authorized, to execute
and attest, respectively, in a form approved by the City Attorney, an agreement with The
Hertz Corporation, for the lease of approximately 87,120 square feet of City-owned
property located at 1302 Municipal Road, N.W., Roanoke, Virginia, for an automobile
rental establishment, for a period of nineteen months, retroactive to December 1, 2008,
and expiring June 30, 2010, upon certain terms and conditions, and as more particularly
described in the City Manager's letter to this Council dated December 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
ATTEST:
~~ m. /'"h1llJY1)
Stephanie M. Moon, CMC C
City Clerk
~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2008.
No. 38324-121508.
AN ORDINANCE authorizing the City Manager to execute a lease agreement
with Juice Do It, LLC, for approximately 998 square feet of space on the first floor of the
Municipal Building-South, located at 215 Church Avenue, Roanoke, Virginia, 24011, for
an initial term of six months, subject to four additional one-year term renewals and one
six-month term renewal, commencing December 15, 2008; and dispensi[1g with the
second reading of this ordinance by title.
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WHEREAS, a public hearing was held on December 15, 2008, pursuant to I
9915.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing
all parties in interE?st 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 the City Clerk are hereby authorized, to execute
and attest, respectively, in a form approved by the City Attorney, an agreement with
Juice Do It, LLC, for the lease of approximately 998 square feet of space in the City
Market Building, located on the first floor of the Municipal Building-South, located at 215
Church Avenue, Roanoke, Virginia, 24011, for a restaurant establishment, for an initial
term of six months, subject to four additional one-year term renewals and one six-month
term renewal, commencing December 15, 2008, at ,a rental rate of $328.33 per month,
upon certain terms and conditions, and as more particularly described in the City
Manager's letter to Council dated December 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
I
ATTEST:
~h\.mo~
Stephanie M. Moon, CM~ . C
City Clerk
~~rJ~ .A&U~
~~~-.-- -- ~
David A. Bowers
Mayor
.~;
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of January, 2009.
No. 38325-010509.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
Compensation Board Technology Trust Fund for Supreme Court of Virginia fees for the
implementation of a new case management scanning system 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:
Appropriations
Fees for Professional Services 01-120-2111-2010
Revenues
Clerk of Circuit Court 01-110-1234-0616
$ 58,250.00
58,250.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~m.~oW
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of January, 2009.
No. 38326-010509.
A RESOLUTION authorizing acceptance of the Bulletproof Vest Partnership
Grant made to the City of Roanoke by the Department of Justice, Office of Justice
Programs, and authorizing execution of any required documentation on behalf of the
City.
90
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1 . The City Manager is hereby authorized on behalf of the City to accept
from the Department of Justice, Office of Justice Programs, the Bulletproof Vest
Partnership Grant in the amount of $10,813.00, for reimbursement on the purchase of
bulletproof vests, such grant being more particularly described in the letter of the City
Manager to Council dated January 5, 2009.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents setting forth the conditions of the grant in a form approved by
the City Attorney.
3. The City Manager is further directed to furnish such additional information
as may be required by the Department of Justice, Office of Justice Programs, in
connection with the acceptance of the foregoing grant.
APPROVED
ATTEST:
~On.~h-V
Stephanie M. Moon, CMC
City Clerk
S)2~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of January, 2009.
No. 38327-010509.
AN ORDINANCE to appropriate funding from the federal government for the
Bulletproof Vest Partnership 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:
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Appropriations
Wearing Apparel 35~640-3425-2064
Revenues
Bulletproof Vest Partnership Grant FY09 35-640-3425-3425
$ 10,813.00
10,813.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~h7.hJ6OYJ
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of January, 2009.
No. 38328-010509.
A RESOLUTION authorizing the City Manager to continue the services of the
Eligibility Worker stationed at the Health Department and to execute a revised
agreement among the Roanoke City Department of Social Services, the Virginia
Department of Health, and the Virginia Department of Social Services, upon certain
terms and conditions.'
WHEREAS, Roanoke City Department of Social Services, the Virginia
Department of Health, and the Virginia Department of Social Services entered into an
agreement in 1994 to establish an Eligibility Worker position through the Department of
Social Services to be placed at the Roanoke City Health Department to ensure that all
citizens have an opportunity to apply for Medicaid, such agreement to be continued
upon an annual basis upon mutual agreement of the parties; and
WHEREAS, the parties to the 1994 agreement have agreed to certain revisions
to it.
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THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the I
City Manager is authorized to execute a revised agreement, continuing the services of
the Eligibility Worker stationed at the Health Department, upon such terms and
conditions as are more fully set forth in the City Manager's letter dated January 5, 2009,
to City Council.
ATTEST:
~m.~~00
Stephanie M. Moon, CMC
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of January, 2009.
No. 38329-010509.
I
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the Medicaid Eligibility Worker position, 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
City Retirement
ICMA Match
FICA
Health Insurance
Dental Insurance
Life Insurance
Disability Insurance
Revenues
Eligibility Worker FY09 - State
35-630-5182-1002
35-630-5182-1105
35-630-5182-1115
35-630-5182-1120
35-630-5182-1125
35-630-5182-1126
35-630-5182-1130
35-630-5182-1131
35-630-5182-5182
$ 36,697.00
5,659.00
650.00
2,808.00
4,800.00
274.00
415.00
90.00
51,393.00
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Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~tn'!70~
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of January, 2009.
No. 38330-010509.
A RESOLUTION adopting and establishing a Curb, Gutter and Sidewalk
Construction and Maintenance Policy for the City of Roanoke; and providing for an
effective date.
WHEREAS, the City Council for the City of Roanoke requested that staff seek
input from citizens on the curb and sidewalk program for both new construction and
maintenance of curb, gutter and sidewalk in the City;
WHEREAS, the proposed policy that resulted from such input provides for a
multi-departmental staff evaluation committee to assign priority to project requests, such
priority to be based upon issues such as safety, drainage, school access or other
special project criteria; and
WHEREAS, the proposed policy allows Transportation Division staff to prioritize
requests for repairs and maintenance of curb, gutter and sidewalk in the City.
THEREFORE, BE IT RESOLVED by the Council for the City of Roanoke as
follows:
1. Council hereby adopts the Curb, Gutter and Sidewalk Construction and
Maintenance Policy ("Policy") attached to the City Manager's letter dated January 5,
2009 to Council, such Policy to be in a form approved by the City Attorney.
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2.
The Policy will be in full force and effect on and after January 5, 2009.
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APPROVED
ATTEST:
~ fh.~b~
Stephanie M. Moon, CMC
City Clerk
David A~ Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of January, 2009.
No. 38331-010509.
AN ORDINANCE amending and reordaining Sections 29-96 through 29-98 of
Article VIII, Dealers in Certain Secondhand Merchandise, Chapter 29, Special Sales I
and Services, Code of the City of Roanoke, Virginia (1979), as amended, and repealing
Sections 29-99 and 29-100, Article VIII, Dealers in Certain Secondhand Merchandise,
Chapter 29, Special Sales and Services, Code of the City of Roanoke, Virginia (1979),
as amended, in order to codify the process of obtaining a precious metals certificate
with the City and to clarify what constitutes a fixed and permanent business location;
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 revising Sections 29-96 through 29-98, and repealing Sections 29-99
and 29-100, of Article VIII, Dealers in Certain Secondhand Merchandise, Chapter 29,
Special Sales and Services to read and provide as follows:
ARTICLE VIII. DEALERS IN CERT,^.IN SECONDHAND MERCH,^.NDISE
PAWNBROKERS AND PRECIOUS METALS DEALERS
Seo. 20 06. Requirement of rogicter for dealers in oertain secondhand
morch::mdise.
I
E"erv
v 7 person \A'ho .
secondhand oru IC ~ dealer in or i
flalWar{l. tablowa~oSOd S1lvor,. silvor plato~ th~d businoss of puroha .
~~~~ ~:~r~o~~s sha~r ~:~r a~'~~a~I~~~soh~IJ~o';'s~~~ic:~d a:r . po~:~
tho following i~:~r~:fest to eaoh Puroh~~:,:'noss a rogistor in ~'!~i:~I~,
Ion: any of Iho f :. 0
(1) ^ orogOlng iloms
I . ooml3lete
and aoourate El ..
purchaced, includin eGonptlon of the 0 .
g the number of it gods, artlclec or thO
ems' Ings
The time and d '
ate of receiving th
e came'
The amOl:jAt f .. '
o money paid f
or the same; and
The name and
tR ooml3let
., 0 goods. artiolos ~; thO an~.a,?"uralO addross
.alld dnvor's lioonso Ings ....h,oh information ~f Iho parson selling
state division 01 or spoOlal idontilioalio s all bo lakon from a
dosoriplion of suoh molor vohiolos togoth n oam Issuod by Iho
person. ' er With a part'
Soo. 29 97 ^ . loular
. I .ooess of bw enf
. u oroement off
~hO "'gister requirod t b. ,oors 10 registor.
e ?pen to inspeotion ~ I e maintained by seoti
dunng business hourG. ~ any fodor.al. stato or 1~0:~~,:6 oIlhis artiolo shall
.. enforoement off
Seo. 29 98 E . . Isor
. xamlnation of
. merchandise b I
E . Y "'.. I
thvory peroon who is a d I . .. en omoment olliooro.
o Itoms onumerat . ea er In or in the b .
~oour~m~~~ool SUOho~~~S~~~~~1I2:d96. 01 th~S~;i~fo ~.iau~,:a~ing any of
ilom pur~has:~r~I, ;Iale or looalla", :~IIO h,s promisos duri~g PbeFGon in
knO\'Rl by him 10 ~ 10 Gaaroh lor and to o;,~m.onl offioer 10 axa uSlness
slolon. e mIssing or kno'" a e Inlo posGOssio mine any
un or believod b I h' n any artiolo
~ 1m to ha\lo b
v eon
I
(2)
(3)
( 1)
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Seo. 20 99.
Puroh:1ses fro .
N m minors prohibilod
. 0 poraon who is .
Items enu . a doaler in or in tR
r{loei" ~oralod in sootion 29 e businoss of u .
.0. d"{lotly or iAll" 96 oIlhis art. I p rehaslng any of Ih
ago 01 oighloen (18' . I rosily, any suoh itom ;00 shall pur<lhase b · e
, yoars 01 age s rom any nor · u~ . or
. I"'" son under tho
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96
Sec. 29 100. Penalties.
I
Violation of any provision of Gections 29 06 through 20 99 of this article
shall be a Class 2 misdemeanor punishable by a fine of not more than five
hundred dollar€: ($500.00) or by imprisonment in jail for not more than six
(6) months or by both such fine and imprisonment.
Sec. 29-96. Pawnbrokers.
Any person engaged in the business of a pawnbroker as defined in
Section 54. 1-4000 of the Code of Virginia within the City shall comply with
all of the requirements set forth within Sections 54. 1-4000 through 54. 1-
4014 of the Code of Virginia and shall be subject to the penalties
established by Section 54.1-4014 of the Code of Virginia for any violation
of such sections.
Sec. 29-97. Precious metals dealers.
Any person engaged in the business of a dealer of precious metals as
defined in Section 54. 1-4100 of the Code of Virginia within the City shall
comply with all of the requirements set forth within Sections 54. 1-4100
through 54. 1-4111 of the Code of Virginia and shall be subject to the
penalties established by Section 54. 1-4110 of the Code of Virginia for any
violation of such sections.
Sec. 29-98. Definition of fixed and permanent location.
For the purposes of obtaining a precious metals permit in accordance with
Section 54. 1-4108 of the Code of Virginia, a "fixed and permanent
location" shall be defined as a location in the City owned by the dealer or a
location where the dealer is a tenant of the fixed business location with a
lease of a minimum duration of thirty (30) continuous days.
2. Pursuant to Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
I
APPROVED
ATTEST:
~ l'Y1. mDDYJ
Stephanie M. Moon, CMC J
City Clerk
I
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of January, 2009.
No. 38332-010509.
AN ORDINANCE amending and reordaining Section 2-61, Rules and requlations
of city manaqer, Division 1, Generally, Article IV, Personnel Manaqement and Practices,
Chapter 2 Administration, of the Code of the City of Roanoke, Virginia (1979), as
amended, and Section 2-86, Adoption and amendment of rules, Division 2, Personnel
and Employment Practices Commission, Article IV, Personnel Manaqement and
Practices, Chapter 2, Administration, of the Code of the City of Roanoke, Virginia (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 2-61, Rules and requlations of city manager, Division 1, Generally,
Article IV, Personnel Management and Practices, Chapter 2, Administration, of the
Code of the City of Roanoke, Virginia (1979), as amended, is hereby amended and
reordained to read and provide as follows:
Sec. 2-61 Rules and regulations of city manager.
The city manager shall establish and promulgate such rules and
regulations governing employment with the city as, from time to time, may
be necessary or required to facilitate the operations of the city through its
work force; provided, however, proposed rules and regulations, except in
cases of emergencies, shall be presented to the commission for review,
study and advice regarding the efficacy thereof, after public an open
hearing to allow employees to comment on such proposed rules and
regulations and within thirty (30) days after referral to the commission of
such proposed rules. Notice for any such open hearing shall contain the
date, time, and location. of the open meeting, which notice shall be posted
in a prominent public location at which notices are regularly posted and in
the City Clerk's Office. A copy of the proposed rules or regulations to be
adopted or amended shall be made available to employees in both the
City Clerk's Office and the Department of Human Resources. Rules and
regulations promulgated as herein provided shall have the force and effect
of law from and after the date the same are duly authenticated in writing
by the city manager. The authority of the city manager to authenticate
such rules and regulations shall not be delegated.
2. Section 2-86, Adoption and amendment of rules, Division 2, Personnel
and Employment Practices Commission, Article IV, Personnel Management and
Practices, Chapter 2, Administration, of the Code of the City of Roanoke, Virginia (1979),
as amended, is hereby amended and reordained to read and provide as follows:
98
Sec. 2-86 Adoption and amendment of rules.
I
(a) It shall be the duty of the commission to advise the city
manager, after public an open hearing to allow employees to comment on
the potential adoption and amendment of rules and regulations, and within
thirty (30) days after referral to the commission, as to the adoption and
amendment of. such rules, practices and procedures, from time to time, to
give effect to all provisions of the personnel management relations policy
established by the city council and, in furtherance of such duty, to consider
either such rules as may from time to time be suggested or recommended
through the personnel management department, or as the commission
shall consider necessary, to carry out the provisions of this article with
respect to persons in the classified service. The commission shall
consider the proposed rules with such modifications as it may deem
advisable. Amendments to the rules may be considered from time to time
after public a properly noticed and held open hearing as above provided
set forth in Section 2-61.
(b) The rules and amendments thereof so considered shall have,
to the extent that they are consistent with the terms of the Constitutions of
the United States and of the Commonwealth of Virginia, the city Charter
and the statutes of this commonwealth, the force of law when approved by
the city manager. They shall provide for:
I
(1) The method of holding competitive examinations.
(2) The method of certifying eligibles for appointment.
(3) The establishment, maintenance, consolidation and
cancellation of eligible lists.
(4) The administration of the classification plan and pay plan.
(5) Methods of promotion and the application of service ratings
thereto.
(6) Probationary periods of employment.
(7) Transfers of employees within the classification plan.
(8) Hours of work.
(9) Overtime pay.
(10) The order and manner in which layoffs shall be effected.
(11) Grievance hearings.
(12) Such other matters as may be necessary to provide
adequate and systematic handling of the personnel affairs of
the city.
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3. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~~n~~D~
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of January, 2009.
No. 38334-010509.
AN ORDINANCE to appropriate funding from the Reserve for Self-Insured
Claims, amending and re-ordaining certain sections of the 2008-2009 General and Risk
Management Funds Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2008-2009 General and Risk Management Funds Appropriations be, and the same
are hereby, amended as follows:
General Fund
Appropriations
Transfer to Risk Management Fund 01-250-9310-9529
Fund Balance
Reserved for Self-Insured Claims 01-3327
$ 250,000.00
(250,000.00)
Risk Management Fund
Revenues
Transfer from General Fund 19-110-1234-0951
Retained Earnings
Reserve for Self-Insured Claims 19-3327
250,000.00
250,000.00
100
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
,~T;ES~: ~
~ 0\. Ya\D~
Stephanie M. Moon, CMC ~
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of January, 2009.
No. 38335-010509.
A RESOLUTION requesting the General Assembly to designate an area that
includes the City of Roanoke as "Virginia's Rail Heritage Region."
WHEREAS, the N & W Historical Society, the Roanoke and Blue Ridge Chapters I
of the National Railway Historical Society, the O. Winston Link Museum, the C & 0
Historical Society, and the Virginia Museum of Transportation have requested the
governing bodies of certain localities in western Virginia to adopt resolutions endorsing
the creation of "Virginia's Rail Heritage Region" and requesting the General Assembly to
adopt legislation doing so;
WHEREAS, the proposed region would include the Counties of Alleghany,
Botetourt, Bedford, Amherst, Roanoke, the Towns of Buchanan, Clifton Forge, Troutville,
Amherst, Iron Gate, Vinton, the Cities of Covington, Bedford, Lynchburg, Roanoke, and
Salem; and
WHEREAS, designation of a rail heritage region would help promote the area to
tourists and rail enthusiasts and encourage them to visit the area.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1 . Council endorses the concept of designating a region to include the
Counties of Alleghany, Botetourt, Bedford, Amherst, Roanoke, the Towns of Buchanan,
Clifton Forge, Troutville, Amherst, Iron Gate, Vinton, the Cities of Covington, Bedford,
Lynchburg, Roanoke, and Salem as "Virginia's Rail Heritage Region," and requests that I
the General Assembly take action to do so.
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2. The City Clerk is directed to forward copies of this Resolution to the City's
elected representatives in the General Assembly and to the organizations which have
requested that Council take this action.
APPROVED
fFSTJ ~ ~. .
S~~ln~~M'd1~
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2009.
No. 38333-012209.
AN ORDINANCE to appropriate funding from the Economic and Community
Development Reserve for Architectural and Engineering Services at the City Market
Building, amending and re-ordaining certain sections of the 2008-2009 General and
Market Building Funds Appropriations.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2008-2009 General and Market Building Funds Appropriations be, and the same are
hereby, amended as follows:
Capital Projects Fund
Appropriations
Transfer to Market Building Fund 08-530-9712-9504
Fund Balance
Economic and Community
Development Reserve 08-3365
$ 120,000.00
(120,000.00)
Market BuildinQ Fund
Appropriations
Appropriated from General Revenue 09-610-8137 -9003
Revenues
Transfer from Capital Projects Fund 09-110-1234-0959
120,000.00
120,000.00
APPROVED
ATTEST:
Stephanie M. Moon, CMC
City Clerk
102
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 22nd day of January, 2009.
No. 38336-012209.
A RESOLUTION authorizing the acceptance of a Virginia Department of
Environmental Quality (VDEQ) Grant to fund environmental site assessment activities
on the former Virginia Scrap Iron and Metal Company (Virginia Scrap Iron) property
within the City of Roanoke; and authorizing the City Manager to execute any required
grant award contract, to execute any necessary additional documents, to provide
additional information, and to take any necessary actions to obtain, accept, receive,
implement, and administer such VDEQ 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 VDEQ Grant from the VDEQ in
the amount of $50,000.00 to provide funds for environmental site assessment activities
on the former Virginia Scrap Iron property within the City of Roanoke, all as more
particularly set forth in the letter dated January 22, 2009, from the City Manager to this
Council.
2. The City Manager is hereby authorized to execute a grant award contract I
between the City and the VDEQ 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 VDEQ
Grant, including establishing guidelines for the use of such Grant funds.
APPROVED
ATTEST:
~~ h1.DI~
Stephanie M. Moon, CMC \, ..
City Clerk
~~~
David A. Bowers
Mayor
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103
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2009.
No. 38337-012209.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
Department of Environmental Quality for environmental assessment of the former
Virginia Scrap Iron and Metal Company property, 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 35-615-8101-2010
$50,000.00
Revenues
VDEQ Environmental Assessment - FY09 35-615-8101-8101
50,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~h1.~~
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2009.
No. 38338-012209.
A RESOLUTION conditionally authbrizing the appropriate City officials to amend
the 2005-2010 Consolidated Plan regarding the YWCA Inman Building Demolition
Project, including submission of necessary documents to the U.S. Department of
Housing and Urban Development (HUD).
104
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is I
hereby authorized to execute an amendment to the 2005-2010 Consolidated Plan
regarding the YWCA Inman Building Demolition Project, including submission of
necessary documents to HUD, approved as to form by the City Attorney, as more
particularly set forth in the City Manager's letter dated January 22, 2009; such
authorization subject to no compelling objections being received prior to the end of the
public comment period.
APPROVED
ATTEST:
~hl.milW
Stephanie M. Moon, CMC ~
City Clerk
IN THE COUNCIL OF THE CITY. OF ROANOKE, VIRGINIA,
The 22nd day of January, 2009.
No. 38339-012209.
I
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:
Appropriations
Administrative Staff
Social Security
Health/Dental
Instructional Staff
Social Security
Health/Dental
Food
Tournament Fees
Tournament Travel
Teacher Salary
302-100-1102-1 000-707C-611 00-41138-9-05
302-100-1102-1 000-707C-611 00-42201-9-05
302-100-1102-1 000-707C-611 00-42204-9-05
302-110-1102-1 000-707C-611 00-41138-9-05
302-11 0-11 02-1 000-707C-611 00-42201-9-05
302-110-1102-1 000-707C-611 00-42204-9-05
302-110-1102-1 000-707C-611 00-46602-9-05
302-11 0-11 02-1 000-707C-611 00-45586-9-05
302-11 0-1102-1 000-707C-611 00-45553-9-05
302-110-0000-1 070-134C-611 00-41121-3-09
$ 2,500.00
191.00
275.00
3,500.00
268.00
385.00
881 .00
2,000.00
5,000.00
6,124.00
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Social Security
Instructional Staff
English Teachers
Math Teachers
Supervisors
Supplemental
Instruction Salary
Contracted Services
Travel
Parent Involvement
Revenues
Donations
Federal Grant Receipts
Federal Grant Receipts
302-110-0000-1 070-134C-611 00-42201-3-09
302-11 0-0000-0000-135C-611 00-41121-2-01
302-11 0-1302-0000-135C-611 00-41121-2-01
302-11 0-1305-0000-135C-611 00-41121-2-01
302-11 0-0000-0000-135C-611 00-41124-2-01
302-11 0-0000-0000-135C-611 00-41129-2-01
302-11 0-0000-0000-135C-611 00-43313-2-01
302-11 0-0000-0000-135C-611 00-45554-2-01
302-11 0-0000-0000-135C-611 00-45585-2-01
302-000-0000-0000-707C-00000-33820-0-00
302-000-0000-0000-134C-00000-38010-0-00
302-000-0000-0000-135C-00000-38367 -0-00
105
468.00
21,940.00
(9,800.00)
3,206.00
(17,550.00)
35,963.00
174.00
(3,077.00)
(20,000.00)
15,000.00
6,592.00
10,856.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~m.~
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2009.
No. 38340-012209.
A RESOLUTION expressing the intent of City Council to include in future City
budgets, subject to funding availability, additional operating funding for the Roanoke
City Public Schools.
WHEREAS, the operating funding provided to Roanoke City Public Schools is
based on a formula which distributes 36.42% of adjusted local tax revenues to the
schools;
WHEREAS, Roanoke City Public Schools has requested additional operating
funding and consideration for adjustments to funding this formula;
106
WHEREAS, members of the Joint Services Committee, formerly the Funding
Committee, agreed that consideration should be given to providing additional funding to I
Roanoke City Public Schools in the amount of $2.5 million over five years;
WHEREAS, the first installment of incremental funding above the base funding
level was provided in FY 2009 in the amount of $500,000.00; and
WHEREAS, Council is desirous of considering the provision of additional
incremental funding to Roanoke City Public Schools above the base funding level.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it
does hereby express its intent to include in future City budgets additional funding above
the base funding level as determined by the present funding formula in increments of
$500,000.00, up to a total of $2.5 million over a five-year period, subject to funding
availability.
APPROVED
A TTES .
~'rYI ~ 0'0\ \) ~
teph nie M. Moon, CMC ~
City Clerk
~ David A.
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2009.
No. 38341-012209.
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 properties within the City, and dispensing with the
second reading of this ordinance by title.
I
WHEREAS, Roanoke Electric Steel Corporation, t/a Steel Dynamics Roanoke
Bar Division and Virginia Housing Development Authority, c/o Habitat America, LLC,
represented by Maryellen F. Goodlatte, attorney, has made application to the Council of
the City of Roanoke, Virginia ("City Council"), to have a portion of property bearing
Official Tax No. 2720701, located on Shenandoah Avenue, N. W., rezoned from CG,
Commercial General District, to RMF, Residential Multifamily District, a portion of
property bearing Official Tax No. 2720113, located on Westside Boulevard, N. W.,
rezoned from RMF, Residential Multifamily District, to R-5, Residential Single Family
District, and two portions of property bearing Official Tax No. 2720114, located on
Westside Boulevard, N. W., rezoned from R-5, Residential Single Family District, to
RMF, Residential Multifamily District, for uses permitted in the respective zoning
districts.
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WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to
City Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on January 22, 2009, 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 properties, and for those reasons, is of the opinion that the
hereinafter described properties should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that a portion of property bearing Official Tax No.
2720701, located on Shenandoah Avenue, N. W., be and is hereby rezoned from CG,
Commercial General District, to RMF, Residential Multifamily District, a portion of
property bearing Official Tax No. 2720113, located on Westside Boulevard, N. W., be
and is hereby rezoned from RMF, Residential Multifamily District, to R-5, Residential
Single. Family District, and two portions of property bearing Official Tax No. 2720114,
located on Westside Boulevard, N. W., be and are hereby rezoned from R-5,
Residential Single Family District, to RMF, Residential Multifamily District, for uses
permitted in the respective zoning districts as set forth in the Zoning Amended
Application No.1 dated November 25,2008.
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:
~ Yn.~
Stephanie M. Moon, CMC
City Clerk
108
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2009.
No. 38342-012209.
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 properties within the City, and dispensing with the
second reading of this ordinance by title.
I
WHEREAS, Roanoke Electric Steel Corporation, Va Steel Dynamics Roanoke
Bar Division and Virginia Housing Development Authority, c/o Habitat America, LLC,
represented by Maryellen F. Goodlatte, attorney, has made application to the Council of
the City of Roanoke, Virginia ("City Council"), to have a portion of property bearing
Official Tax No. 2720701, located on Shenandoah Avenue, N. W., rezoned from CG,
Commercial General District, to RMF, Residential Multifamily District, a portion of
property bearing Official Tax No. 2720113, located on Westside Boulevard, N. W.,
rezoned from RMF, Residential Multifamily District, to R-5, Residential Single Family
District, and two portions of property bearing Official Tax No. 2720114, located on
Westside Boulevard, N. W., rezoned from R-5, Residential Single Family District, to
RMF, Residential Multifamily District, for uses permitted in the respective zoning I
districts.
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to
City Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on January 22, 2009, 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 properties, and for those reasons, is of the opinion that the
hereinafter described properties should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
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1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that a portion of property bearing Official Tax No.
2720701, located on Shenandoah Avenue,N. W., be and is hereby rezoned from CG,
Commercial General District, to RMF, Residential Multifamily District, a portion of
property bearing Official Tax No. 2720113, located on Westside Boulevard, N. W., be
and is hereby rezoned from RMF, Residential Multifamily District, to R-5, Residential
Single Family District, and two portions of property bearing Official Tax No. 2720114,
located on Westside Boulevard, N. W., be and are hereby rezoned from R-5,
Residential Single Family District, to RMF, Residential Multifamily District, for uses
permitted in the respective zoning districts as set forth in the Zoning Amended
Application No.1 dated November 25, 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:
~~Yn.~
Stephanie M. Moon, CMC
City Clerk
~~~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2009.
No. 38343-012209.
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, Lorrd Ganeshji, Inc., represented by Daniel F. Barnes, Esquire, has
made application to the Council of the City of Roanoke, Virginia ("City Council"), to have
property located at 1917 Franklin Road, S. W., bearing Official Tax No. 1272801,
rezoned from MX, Mixed Use District, to CG, Commercial General District, subjeCt to
certain conditions;
110
WHEREAS, the City Planning Commission, after giving proper notice to all I
concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to
City Council;
WHEREAS, a public hearing was held by City Council on such .application at its
meeting on January 22, 2009, after due and timely notice thereof as required by 936.2-
540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both for and against the
proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the
public necessity, convenience, general welfare and good zoning practice, require the
rezoning of the subject property, and for those reasons, is of the opinion that the
hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and I
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax No. "1272801 located at 1917 Franklin
Road, S. W., be, and is hereby rezoned from MIX, Mixed Use 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 November 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
- m.~
Stephanie M. Moon, CMC .
City Clerk
David A. Bowers
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of January, 2009.
No. 38344-012209.
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, the City of Roanoke and Anstey Hodge Advertising Group, have
made application to the Council of the City of Roanoke, Virginia ("City Council"), to have
the property located at 120 Commonwealth Avenue, N. E., bearing Official Tax No.
3012827, rezoned from RM-1, Residential Mixed Density District, to 0, Downtown
District, subject to certain conditions;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to
City Council;
-'.
WHEREAS, a public hearing was held by City Council on such application at its
meeting on January 22, 2009, after due and timely notice thereof as required by 936.2-
540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both for and against the
proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the
public necessity, convenience, general welfare and good zoning practice, require the
rezoning of the subject property, and for those reasons, is of the opinion that the
hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax No. 3012827 located at 120
Commonwealth Avenue, N. E., be, and is hereby rezoned from RM-1, Residential Mixed
Density District, to 0, Downtown District, subject to certain conditions proffered by the
petitioner, as set forth in the Zoning Amended Application No. 2 dated December 8,
2008.
112
\
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:
~ 'nl.~
Stephanie M. Moon, CMC
City Clerk
'S){][:g~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of February, 2009.
No. 38345-020209.
A RESOLUTION authorizing acceptance of a Juvenile Accountability Block Grant
from the Virginia Department of Criminal Justice Services on behalf of the City,
authorizing the City to serve as the fiscal agent for distribution of the grant proceeds,
and authorizing execution of any and all necessary documents to comply with the terms
and conditions of the grant and applicable laws, regulations, and requirements
pertaining thereto.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The Juvenile Accountability Block Grant funds received from the Virginia
Department of Criminal Justice Services, in the amount of $45,090.00, of which
$33,650.00 is allocated for the City of Roanoke and $11,440.00 is allocated for
Roanoke County, as set forth in the City Manager's letter, dated February 2, 2009, to
this Council is hereby ACCEPTED.
2. The City of Roanoke is hereby authorized to be the fiscal agent for
distribution of the grant proceeds.
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3. The City Manager, or her designee, is hereby authorized to execute any
and all requisite documents pertaining to the City's acceptance of these grant funds,
and to furnish such additional information as may be required in connection with the
City's acceptance of these grant funds. All documents shall be approved as to form by
the City Attorney.
APPROVED
ATTEST:
~ (r). hJ66YV
Stephanie M. Moon, CMC
City Clerk
--S5Q~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of February, 2009.
No. 38346-020209.
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
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
Transfer to Grant Fund
Fees For Professional Services
01-250-9310-9535
01-630-1270-2010
$ 3,469.00
(3,469.00)
Grant Fund
Appropriations
Overtime Employee Wages
Part-time Employee Wages
FICA
Fees For Professional Services
Fees For Professional Services
Revenues
JABG CY09 City - State
35-630-5086-1 003
35-630-5086-1 004
35-630-5086-1120
35-630-5086-2010
35-630-5088-2010
3,120.00
9,115.00
936.00
20,479.00
11,440.00
35-630-5086-5086
30,181.00
114
JABG CY09 City - Local Match
JABG CY09 County - State
JABG CY09 County - Local Match
35-630-5086-5087
35-630-5088-5088
35-630-5088-5089
3,469.00
10,400.00
1,040.00
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:
~ (/7. I'Y)Ou-N
Stephanie M. Moon, CMC
City Clerk
SJC-~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of February, 2009.
No. 38347.020209.
A RESOLUTION authorizing the acceptance of a Virginia Department of I
Transportation Safe Routes to School (SRTS) Project Grant from the Virginia
Department of Transportation (VDOT); approving and ratifying the execution of Grant
documents; and authorizing the City Manager to execute any necessary additional
documents, provide any additional information, and to take any necessary actions to
obtain, accept, receive, implement, and administer such VDOT 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 VDOT SRTS Project Grant from
VDOT in the amount of. $325,982.00 to provide funds for the Lucy Addison Middle
School SRTS Project, all as more particularly set forth in the letter dated February 2,
2009, from the City Manager to this Council.
2. The Standard Project Administration Agreement between VDOT and the
City dated August 28,2008, is hereby approved and ratified.
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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 VDOT
Grant, any such additional documents to be approved as to form by the City Attorney.
APPROVED
ATTEST:
A~ m.h'JOfYV
Stephanie M. Moon, CMC
City Clerk
SJ~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of February, 2009.
No. 38348-020209.
AN ORDINANCE to appropriate funding from the Virginia Department of
Transportation to the Infrastructure Improvements - Lucy Addison Middle School project,
amending and re-ordaining 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 certain 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 State Grant Funds 08-530-9523-9007
Revenues
VDOT - Safe Routes to School Grant 08-530-9523-9523
$ 325,982.00
325,982.00
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:
~ f17. 1YJ6iYV
Stephanie M. Moon, CMC
City Clerk
116
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
I
The 2nd day of February, 2009.
No. 38349-020209.
A RESOLUTION authorizing the acceptance of a Summer Food Program Grant
from the United States Department of Agriculture Food and Nutrition Services 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 United States Department of Agriculture Food and Nutrition Services a
Summer Food Program Grant in the amount of $124,401.00, such funding to be used to
cover the expense of providing for the nutritional needs of children and youth during the
summer months through the City's Parks and Recreation Youth Services Division
supervised Summer Nutrition Program, all of which is more particularly described in the
City Manager's letter dated February 2, 2009, to City Council.
2. The City Manager and the City Clerk are hereby authorized to execute I
and attest, respectively, for and on behalf of the City, any and all requisite documents
pertaining to the City's acceptance of the grant, such documents to be approved as to
form by the City Attorney, and to furnish such additional information as may be required
by the United States Department of Agriculture Food and Nutrition in connection with
the grant.
APPROVED
ATTEST:
~m. rY-y4YV
Stephanie M. Moon, CMC
City Clerk
S>~
David A. Bowers
Mayor
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IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of February, 2009.
No. 38350-020209.
AN ORDINANCE to appropriate funding from the federal government for the
Summer Food 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 certain 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
Mileage
Program Activities
Revenues
Summer Food Program FY09
35-620-5297 -1004
35-620-5297-1120
35-620-5297 -2046
35-620-5297 -2066
$ 14,865.00
691.00
3,501.00
105,344.00
35-620-5297 -5297
124,401.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ry). n)Ooo
Stephanie M. Moon, CMC
City Clerk
s:i)~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of February, 2009.
No. 38351-020209.
A RESOLUTION accepting the 2008 Assistance to Firefighters Grant offer made
to the City of Roanoke Fire-EMS Department, and authorizing execution of any required
documentation on behalf of the City.
118
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1 . The City of Roanoke does hereby accept the 2008 Assistance to I
Firefighters Grant offered to the City of Roanoke Fire-EMS Department, in the amount
of $633,600.00 with a local match of $158,400.00, upon all the terms, provisions and
conditions relating to the receipt of such funds for the conversion to the digital radio
. system. The grant is more particularly described in the letter of the City Manager to
Council dated February 2, 2009.
2. The City Manager and the City Clerk are hereby authorized to execute,
seal, and attest, respectively, the grant agreement and all necessary documents
required to accept the grant, all such documents to be approved as to form by the City
Attorney.
3. The City Manager is further directed to furnish such additional information
as may be required in connection with the City's acceptance of this grant.
APPROVED
ATTEST:
h~rn. hJbhV
Stephanie M. Moon, CMC
City Clerk
I
SY
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of February, 2009.
No. 38352-020209.
AN ORDINANCE to appropriate local match funding and funding from the federal
government for the Assistance to Firefighters Program, amending and reordaining
certain sections of the 2008-2009 Capital Projects, Department of Technology and
Grant Funds Appropriations, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2008-2009 Capital Projects, Department of Technology and Grant Funds
Appropriations be, and the same are hereby, amended and reordained to read and
provide as follows:
Capital Proiects Fund
Appropriations
Williamson Road Fire-EMS Station Project
Transfer to Grant Fund
08-530-9681 -9003
08-530-9712-9535
$(86,000.00)
86,000.00
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Department of TechnoloQY Fund
Appropriations
Transfer to Grant Fund
Financial Services Upgrade Project
13-430-1601-9535
13-430-9865-9003
72,400.00
(72,400.00)
Grant Fund
Appropriations
Other Equipment
Revenues
Assistance to Firefighters FY09 - Federal
Assistance to Firefighters FY09 - Local
35-430-3583-9015
792,000.00
35-430-3583-3583
35-430-3583-3584
633,600.00
158,400.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ rn./rjOoW
Stephanie M. Moon, CMC
City Clerk
~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of February, 2009.
No. 38353-020209.
A RESOLUTION accepting the Western Virginia Workforce Development Board
Workforce Investment Act funding of $7,691.00, and authorizing the City Manager to
execute the requisite documents necessary to accept the funding.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Western Virginia Workforce Development Board Workforce
Investment Act funding in the amount of $7,691.00, to be used during the period of
July 1, 2008 through June 30, 2009, as more particularly set out in the City Manager's
letter dated February 2,2009, to City Council, is hereby ACCEPTED.
120
2. The City Manager is authorized to execute, and the City Clerk is
authorized to attest, the requisite documents necessary to accept such funding. All I
documents shall be upon form approved by the City Attorney.
APPROVED
ATTEST:
~h1. r>;oiW
Stephanie M. Moon, CMC
City Clerk
S)~
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of February, 2009.
No. 38354-020209.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the FY09 Workforce Investment Act Statewide 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
Contract Services
35-633-2358-8057 $ 7,691.00
Revenues
Workforce Investment Act Statewide Grant FY09 35-633-2358-2358
7,691.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~Yh ~OMJ
Stephanie M. Moon, CMC
City Clerk
~Qg~
David A. Bowers
Mayor
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IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of February, 2009.
No. 38355-020209.
AN ORDINANCE approving and adopting a Retirement Incentive Option for City
employees eligible for retirement; and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. City Council hereby approves and adopts the Retirement Incentive Option
transmitted to Council by the City Manager by letter dated February 2, 2009, and
authorizes the City Manager to execute any documents and take such further action as
may be necessary to implement the option.
2. Pursuant to 912 of the Roanoke City Charter, the second reading by title
paragraph of this ordinance is hereby dispensed with.
APPROVED
ATTEST:
~)n'wrD~
Stephanie M. Moon, CMC
City Clerk
S)~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 17th day of February, 2009.
No. 38356-021709.
A RESOLUTION paying tribute to the Honorable Alvin L. Nash, and expressing
to him the appreciation of the City and its people for his public service.
WHEREAS, Mr. Nash was born in Roanoke, Virginia, and completed his
education in Roanoke at Lucy Addison High School and Virginia Western Community
College;
WHEREAS, Mr. Nash served on the Roanoke City School Board from 2004-2007,
including service as vice-chair;
122
WHEREAS, Mr. Nash has been actively involved in the community and has I
worked for various community service boards and commissions including TAP, Family
Services of the Roanoke Valley, and as President and Chief Executive Officer of Blue
Ridge Housing Development Corporation;
WHEREAS, Mr. Nash founded and developed the Southwest Virginia Second
Harvest Food Bank, and has been active in a number of civic organizations;
WHEREAS, Mr. Nash was appointed to City Council for a term that commenced
April 1, 2008; and
WHEREAS, during his time on City Council, Mr. Nash served on the Council's
Audit and Personnel Committees, the Greater Roanoke Transit Company board of
directors, Council's Legislative Committee, and the Virginia Municipal League's Human
Development and Education Policy Committee.
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 Alvin L. Nash.
2. The City Clerk is directed to forward an attested copy of this resolution to I
the Honorable Alvin L. Nash.
APPROVED
ATTEST:
~m. fY)/J1MJ
Stephanie M. Moon, CMC
City Clerk
@--as:r~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1ih day of February, 2009.
No. 38357-021709.
A RESOLUTION authorizing acceptance of Phase 1 of the Bill & Melinda Gates
Foundation Opportunity Hardware Grant to the City of Roanoke Library System by the
Bill & . Melinda Gates Foundation, and authorizing execution of any required
documentation on behalf of the City.
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BE IT RESOLVED by the Council of the City of Roanoke that:
1. Phase 1 of the Bill & Melinda Gates Foundation Opportunity Hardware
Grant to the City of Roanoke Library System in the initial funding of $9,750.00, with a
cash match of $9,750.00 from the City, for the purpose of purchasing computers for the
City of Roanoke's public libraries, as more particularly set forth in the letter of the City
Manager to Council dated February 17, 2009, is hereby ACCEPTED.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents required to accept such grant. All documents shall be upon
form approved by the City Attorney.
APPROVED
ATTEST:
J-,,~m.h;oUYV
::5;)L@ ~
David A. Bowers
Mayor
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 17th day of February, 2009.
No. 38~58-021709.
AN ORDINANCE to appropriate funding from the Bill and Melinda Gates
Foundation Opportunity Hardware Grant for library technology updates, 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
Revenues
Gates Foundation FY09
Gates Foundation FY09 - Local
35-650-8301-9015
$ 19,500.00
35-650-8301-8301
35-650-8301-8302
9,750.00
9,750.00
124
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:
~~ frJ. fYJ 0 trYV
S)c(fDJ~
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of February, 2009.
No. 38359-021709.
A RESOLUTION authorizing acceptance of the V-STOP Grant made to the City
of Roanoke by the Virginia Department of Criminal Justice Services (DCJS), 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
1 . The City Manager is hereby authorized on behalf of the City to accept
from the Virginia Department of Criminal Justice Services (DCJS) the V-STOP Grant in
the amount of $34,615.00, with a match from the City of $11,538.00, to employ the
Police Department's full-time non-sworn Domestic Violence Specialist. The grant is
more particularly described in the letter of the City Manager to Council dated
February 17, 2009.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents setting forth the conditions of the grant in a form approved by
the City Attorney.
3. The City Manager is further directed to furnish such additional information
as may be required in connection with the acceptance of the foregoing grant.
APPROVED
ATTEST:
~h1. tr;6~
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
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IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 17th day of February, 2009.
No. 38360-021709.
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 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 Salary
ICMA Retirement
FICA
Medical Insurance
Dental Insurance
Life Insurance
Revenues
VSTOP Grant CY2009 - State
VSTOP Grant CY2009 - Local
35-640-3322-1 002
35-640-3322-1115
35-640-3322-1-120
35-640-3322-1125
35-640-3322-1126
35-640-3322-1130
$ 32,722.00
2,945.00
2,503.00
4,800.00
274.00
268.00
35-640-3322-3322
35-640-3322-3329
34,615.00
8,897.00
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. hJOiYv
Q~
David A. Bowers
Mayor
Stephanie M. Moon, CMC
City Clerk
126
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of February, 2009.
No. 38361-021709.
I
A RESOLUTION authorizing acceptance of the Virginia Sexual and Domestic
Violence Victim Fund (VSDVVF) Grant made to the City of Roanoke by the Virginia
Department of Criminal Justice Services (DCJS), and authorizing execution of any
required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept
from the Virginia Department of Criminal Justice Services (DCJS) the Virginia Sexual
and Domestic Violence Victim Fund (VSDVVF) Grant in the amount of $7,997.00, to
continue the employment of the Police Department's part time, 34 hour per week,
Sexual Violence and Hispanic Outreach Specialist. The grant is more particularly
described in the letter of the City Manager to Council dated February 17, 2009.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents setting forth the conditions of the grant in a form approved by
the City Attorney.
3. The City Manager is further directed to furnish such additional information
as may be required in connection with the acceptance of the foregoing grant.
I
APPROVED
ATTEST:
~:vht. hJ~1Jy.)
Stephanie M. Moon, CMC
City Clerk
Si)'--
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of February, 2009.
No. 38362-021709.
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 2008-2009 Grant Fund Appropriations, and I
dispensing with the second reading by title of this ordinance.
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BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 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
Police Domestic Violence Victim CY09
35-640-3353-1 004
35-640-3353-1120
$ 7,429.00
568.00
35-640-3353-3353
7,997.00
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'hJo~
Stephanie M. Moon, CMC
City Clerk
gQa~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of February, 2009.
No. 38363-021709.
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 18, 2009, in connection with its Citizen
Appreciation Day activities, as set forth in the City Manager's letter to this Council dated
February 17,2009.
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2. The City Manager is hereby authorized to execute, for and on behalf of the
City, upon form approved by the City Attorney, an Agreement relating to the City's use I
of Valley View Mall on April 18, 2009, for Citizen Appreciation Day activities.
APPROVED
ATTEST:
~~:'~DW
City Clerk
9~~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 17th day of February, 2009.
No. 38364-021709.
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.
I
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 Stipends
Social Security
Transportation
Food
Instructional
Resources
Materials and
Supplies
Teacher Stipends
Social Security
Transportation
Food
Instructional
Resources
Materials and
Supplies
Professional
Development Teacher
302-11 0-0000-0390-322C-611 00-41129-3-01
302-11 0-0000-0390-322C-611 00-42201-3-01
302-110-0000-0390-322C-63200-43341-3-01
302-11 0-0000-0390-322C-611 00-46602-3-01
302-11 0-0000-0390-322C-611 00-46630-3-01
302-11 0-0000-0390-322C-611 00-46614-3-01
302-11 0-0000-0400-322C-611 00-41129-3-01
302-11 0-0000-0400-322C-611 00-42201-3-01
302-110-0000-0400-322C-63200-43341-3-01
302-11 0-0000-0400-322C-611 00-46602-3-01
302-11 0-0000-0400-322C-611 00-46630-3-01"
302-11 0-0000-0400-322C-611 00-46614-3-01
302-21 0-3300-0000-361 C-62140-4 1129-9-0 1
$ 6,828.00
522.00
250.00
250.00
1,000.00
500.00
5,248.00
402.00
250.00
250.00
1,000.00
500.00
9,432.00
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Stipends
Social Security
Revenues
State Grant Receipts
State Grant Receipts
302-210-3300-0000-361 C-62140-4220 1-9-0 1
722.00
302-000-0000-0000-322C-00000-32415-0-00
302-000-0000-0000-361 C-00000-32340-0-00
17,000.00
10,154.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
A~6.n~ hJ. hJ O!'Yu
Stephanie M. Moon, CMC
City Clerk
~~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 17th day of February, 2009.
No. 38365-021709.
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, John M. Oakey, Inc., represented by James F. Douthat, Esquire,
has made application to the Council of the City of Roanoke, Virginia ("City Council"), to
have the property located at 5416 Airport Road, N.W., bearing Official Tax No. 6640108,
rezoned from MX, Mixed Use District, to CG, Commercial General District, subject to
certain conditions;
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 17, 2009, 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
130
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 c to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the
public necessity, convenience, general welfare and good zoning practice, require the
rezoning of the subject property, and for those reasons, is of the opinion that the
hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax No. 6640108 located at 5416 Airport
Road, N.W., be, and is hereby rezoned from MX, Mixed Use 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 December 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:
f-.,~m. hJO~
-.5J)~
David A. Bowers
Mayor
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1ih day of February, 2009.
No. 38366-021709.
AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, to rezone certain property within the City, subject to a certain
"condition proffered by the petitioners; and dispensing with the second reading of this
ordinance by title.
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WHEREAS, Harrison Omarde and Ann Wilder, represented by Jerome Henschel,
Architect, have made application to the Council of the City of Roanoke, Virginia ("City
Council"), to have the easterly 1.64 acre portion of property located at 1217 Peters
Creek Road, N.W., bearing Official Tax No. 2770801, rezoned from R-7, Residential
Single Family District, to RMF, Residential Multifamily District, subject to a certain
condition;
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 17, 2009, after due and timely notice thereof as required by 936.2-
540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both for and against the
proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the
public necessity, convenience, general welfare and good zoning practice, require the
rezoning of the subject property, and for those reasons, is of the opinion that the
hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that the easterly 1.64 acre portion of Official Tax No.
2770801 located at 1217 Peters Creek Road, N.W., be, and is hereby rezoned from R-7,
Residential Single Family District, to RMF, Residential Multifamily District, subject to a
certain condition proffered by the petitioners, as set forth in the Zoning Amended
Application NO.2 dated January 12, 2009. .
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ht. rr;OmJ
Stephanie M. Moon, CMC
City Clerk
~~o
David A. Bowers
Mayor
132
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
I
The 17th day of February, 2009.
No. 38367-021709.
AN ORDINANCE authorizing the City Manager to execute a lease agreement
with Louis and Anita Wilson d/b/a Burger in the Square, for approximately 462 square
feet of space in the City Market Building for a month-to-month term, effective March 1,
2009, not to exceed twelve (12) months; and dispensing with the second reading of this
ordinance by title.
WHEREAS, a public hearing was held on February 17, 2009, 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 the City Clerk are hereby authorized, to execute I
and attest, respectively, in a form approved by the City Attorney, an agreement with
Louis and Anita Wilson d/b/a Burger in the Square, for the lease of approximately 462
square feet of space in the City Market Building, located at 32 Market Square, Roanoke,
Virginia, for a restaurant establishment, for a month-to-month term, effective March 1,
2009, not to exceed twelve (12) months, at a rental rate of $685.44 per month, upon
certain terms and conditions, and as more particularly described in the City Manager's
letter to this Council dated February 17, 2009.
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.~1MJ
Stephanie M. Moon, CMC
City Clerk
SL>Q~
David A. Bowers
Mayor
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133
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of February, 2009.
No. 38368-021709.
AN ORDINANCE authorizing the City Manager to execute a lease agreement
with Adel Eltawansy d/b/a Zorba's, for approximately 210 square feet of space in the
City Market Building for a month-to-month term, effective March 1, 2009, not to exceed
twelve (12) months; and dispensing with the second reading of this ordinance by title.
WHEREAS, a public hearing was held on February 17, 2009, 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 the City Clerk are hereby authorized, to execute
and attest, respectively, in a form approved by the City Attorney, an agreement with
Adel Eltawansy d/b/a Zorba's, for the lease of approximately 210 square feet of space in
the City Market Building, located at 32 Market Square, Roanoke, Virginia, for a
restaurant establishment, for a month-to-month term, effective March 1, 2009, not to
exceed twelve (12) months, at a rental rate of $519.93 per month, upon certain terms
and conditions, and as more particularly described in the City Manager's letter to this
Council dated February 17, 2009.
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,.rv;6UYV
Stephanie M. Moon, CMC
City Clerk
S)'Y~
David A. Bowers
Mayor
134
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
I
The 1 ih day of February, 2009.
No. 38369-021709.
AN ORDINANCE authorizing the City Manager to execute a lease agreement
with Georgia R. Crump d/b/a Nuts & Sweet Things, for approximately 290 square feet of
space in the City Market Building for a month-to-month term, effective March 1, 2009,
not to exceed twelve (12) months; and dispensing with the second reading of this
ordinance by title.
WHEREAS, a public hearing was held on February 17, 2009, 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 the City Clerk are hereby authorized, to execute I
and attest, respectively, in a form approved by the City Attorney, an agreement with
Georgia R. Crump d/b/a Nuts & Sweet Things, for the lease of approximately 290
square feet of space in the City Market Building, located at 32 Market Square, Roanoke,
Virginia, for a restaurant establishment, for a month-to-month term, effective March 1,
2009, not to exceed twelve (12) months, at a rental rate of $718.00 per month, upon
certain terms and conditions, and as more particularly described in the City Manager's
letter to this Council dated February 17, 2009.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~hi.~ow
Stephanie M. Moon, CMC
City Clerk
I
2SD~~
- David A. Bowers I
Mayor
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135
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
1
The 1 ih day of February, 2009.
No. 38370-021709.
AN ORDINANCE authorizing the City Manager to execute a lease agreement
with Juan E. Garcia d/b/a Paradiso Cuban Restaurant, for approximately 190 square
feet of space in the City Market Building for a month-to-month term, effective March 1,
2009, not to exceed twelve (12) months; and dispensing with the second reading of this
ordinance by title.
WHEREAS, a public hearing was held on February 17, 2009, 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 the City Clerk are hereby authorized, to execute
and attest, respectively, in a form approved by the City Attorney, an agreement with
Juan E. Garcia d/b/a Paradiso Cuban Restaurant, for the lease of approximately 190
square feet of space in the City Market Building, located at 32 Market Square, Roanoke,
Virginia, for a restaurant establishment, for a month-to-month term, effective March 1,
2009, not to exceed twelve (12) months, at a rental rate of $470.41 per month, upon
certain terms and conditions, and as more particularly described in the City Manager's
letter to this Council dated February 17, 2009.
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:
~~Th.~
Stephanie M. Moon, CMC
City Clerk
~ ~...,.,.._. ~
~ ... ---.......-
David A. Bowers
Mayor
136
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of March, 2009.
No. 38371-030209.
A RESOLUTION appointing M. Rupert Cutler as a member of the City Council for
a term commencing upon his qualification and expiring June 30, 2010.
WHEREAS, Alvin L. Nash, member of City Council, has by letter dated
February 9, 2009, resigned from City Council effective February 28, 2009;
WHEREAS, Mr. Nash's term of office would have expired June 30, 2010; and
WHEREAS, this Council is desirous of appointing M. Rupert Cutler to fill the
Council vacancy created by the resignation of Mr. Nash 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 Alvin L. Nash, as a member of the City Council effective
February 28,2009, is hereby acknowledged.
2. M. Rupert Cutler 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, M. Rupert Cutler shall qualify for office by taking the oath
prescribed by general law of the Commonwealth.
APPROVED
ATTEST:
~lY\.~
Stephanie M. Moon, CMC-
City Clerk
,3...... Davl A. Bowers
Mayor
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137
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of March, 2009.
No. 38372-030209.
A RESOLUTION encouraging the residents and employees of the City of
Roanoke, Virginia, when purchasing goods or services, to take into account the
importance of using City or regional businesses whenever possible.
WHEREAS, the residents and employees of the City of Roanoke, in the course of
daily life, purchase necessary and essential goods and services from outside
businesses and vendors.
WHEREAS, contracting with local businesses will demonstrate confidence in the
strengths and capabilities of the region's business infrastructure and send a positive
message to companies that will locate and grow here.
WHEREAS, many existing businesses" located in the City of Roanoke and
Roanoke Valley have unique capabilities, and are award-winning and recognized
leaders in their fields.
WHEREAS, the local purchase of goods and services is a great investment for
the community because more money stays with local businesses and in the local
economy.
WHEREAS, using local businesses and vendors to provide for the needs of the
residents and employees of the City of Roanoke will help to create new jobs, retain
existing jobs, and strengthen the local economy.
WHEREAS, people are more likely to invest in or move to the community if we
preserve the culture embodied in our unique local businesses.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1 . Council adopts this resolution as a means to encourage residents and
employees of the City of Roanoke and the Roanoke Valley to seek goods and services
from local businesses that provide jobs to City and regional residents, whenever
possible.
138
2. The City Clerk is directed to forward an attested copy of this resolution in I
electronic form to all City employees and to the Roanoke Regional Chamber of
Commerce.
APPROVED
ATTEST:
~,'r?n. 'fO)DlMJ
Stephanie M. Moon, CMC
City Clerk
9~
David A. Bowers
Mayor
"
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of March, 2009.
No. 38373-030209.
I
A RESOLUTION autrorizing acceptance of a donation to the Roanoke City
Police Department from the Gentle Shepherd Hospice to partially fund the Drug Abuse
Resistance Education (DARE) summer camp program for FY 2009, and authorizing
execution of any and all necessary documents to accept the donation.
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 Gentle Shepherd Hospice a donation to the Roanoke City Police Department in
the amount of $11,000.00 to partially fund the Drug Abuse Resistance Education
(DARE) summer camp program for FY 2009. This donation is more particularly set forth
in the letter of the City Manager to Council dated March 2, 2009.
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2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents required to accept such donation. All documents to be
executed on behalf of the City shall be approved as to form by the City Attorney.
APPROVED
ATTEST:
~~m~ /O)b'&n)
9Cl!JJ~
David A. Bowers
Mayor
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of March, 2009.
No. 38374-030209.
AN ORDINANCE to appropriate funding from donations for the Drug Abuse
Resistance Education (DARE) summer camp program, 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
DARE
Revenues
Grant Donations Police
01-640-3114-2141
$ 11 ,000.00
01 -11 0-1234-1860
11,000.00
140
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:
~ 00. OOjOW
Stephanie M. Moon, CMC
City Clerk
&J~Q~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of March, 2009.
No. 38375-030209.
A RESOLUTION authorizing acceptance of funds to the Roanoke City Police
Department from the United States Marshals Service to fund the U.S. Marshal's District
Fugitive Task Force, and authorizing execution of any and all necessary documents to
accept the funds.
I
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 United States Marshals Service funds in the amount of $20,000.00 to the
Roanoke City Police Department to fund the U.S. Marshal's District Fugitive Task Force
for the purchase of safety equipment and other related items to be used for the tracking,
identification, and arrest of fugitives. This funding is more particularly set forth in the
letter of the City Manager to Council dated March 2, 2009.
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2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents required to accept such funds. All documents to be executed
on behalf of the City shall be approved as to form by the City Attorney.
APPROVED
ATTEST:
~tn. ~bW
Stephanie M. Moon, CMC
City Clerk
D~'
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of March, 2009.
No. 38376-030209.
AN ORDINANCE to appropriate funding from the United States Marshals Service
for the U.S. Marshals District Fugitive Task Force, 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
Revenues
US Marshals Grant FY09
35-640-3660-2035
$ 20,000.00
35-640-3660-3660
20,000.00
142
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~:.v}/7. n-;c tiYv
Stephanie M. Moon, CMC
City Clerk
9'-Q~
David A. Bowers
Mayor
THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of March, 2009.
No. 38377-030209.
A RESOLUTION authorizing a Fifth Amendment to the Roanoke Valley Resource
Authority Members Use Agreement; authorizing the City Manager to execute such Fifth
Amendment; and authorizing the City Manager to take such further actions and execute
additional documents as may be needed to implement and administer such Fifth
Amendment.
WHEREAS, the City of Roanoke, County of Roanoke, Town of Vinton, and the
Roanoke Valley Resource Authority (Authority) entered into the Roanoke Valley
Resource Authority Members Use Agreement dated October 23, 1991 (the "Members
Use Agreement"), as amended by the First Amendment dated June 1, 1992, the
Second Amendment dated December 2, 1996, the Third Amendment dated February 1,
1999, and the Fourth Amendmsnt dated April 1, 2005, and by all of which the Authority
agreed to acquire, construct and equip a regional waste disposal system (System)
consisting of a landfill and transfer station and related structures and equipment, and to
provide financing therefor in order to dispose of all nonhazardous solid waste delivered
to the System by or on behalf of the County, the City, and the Town (collectively, the
"Charter Members"); and
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WHEREAS, the Charter Members desire to amend further the Members Use
Agreement to allow the Authority and the City of Salem to temporarily use each other's
facilities for waste disposal if an emergency should render one of the facilities
inoperable and to provide for a Household Hazardous Waste Collection facility and its
operation at the Hollins Road Transfer Station site on an ongoing basis in compliance
with applicable laws.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1 . City Council hereby approves the Fifth Amendment in substantially the
form attached to the City Manager's letter dated March 2, 2009, as Attachment A. The
City Manager is authorized to execute the Fifth Amendment, and the City Clerk is
authorized to attest such Fifth Amendment, in a form substantially similar to the one
attached to the above City Manager's letter. The form of such Fifth Amendment shall
be approved by the City Attorney.
2. This Resolution shall take effect immediately.
3. The City Manager is authorized to take such further actions and execute
additional documents as may be needed to implement and administer such Fifth
Amendment, such additional documents to be approved as to form by the City Attorney.
APPROVED
ATTEST:
W~h7'fY)Dfvv
Stephanie M. Moon, CMC
City Clerk
Q::>QCV~.
David A. Bowers
Mayor
144
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of March, 2009.
No. 38378-030209.
AN ORDINANCE authorizing the proper City officials to execute a 2009 Extension
Amendment to the Amended and Supplemented South Jefferson Cooperation Agreement 2
(the 2009 Extension Amendment) between the City of Roanoke (City) and the City 6f
Roanoke Redevelopment and Housing Authority (RRHA), providing for an extension of fivb
, I
(5) years of the current South Jefferson Cooperation Agreement 2 (SJC Agreement 2) and
Amended and Supplemented South Jefferson Cooperation Agreement 2 (Amende~
Agreement) betwee.n the parties; authorizing the City Manager to take such actions an~
execute further documents as may be needed to implement and administer such 2009
Extension Amendment; and dispensing with the second reading by title of this Ordinance.
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WHEREAS, the Amended Agreement provided for the Term of the SJC Agreement
2 and the Amended Agreement to be until March 19, 2009, subject to further extensions a~
agreed to by the parties; and
WHEREAS, in order for the RRHA to implement and accomplish the goals and I
objectives of the Redevelopment Plan mentioned in the SJC Agreement 2 and thb
Amended Agreement, the parties have agreed to a further extension of such Agreement~
for five (5) years, which will be to and including March 18, 2014. I
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke a1s
follows: I
I
1 . City Council hereby approves the 2009 Extension Amendment to Amendea
and Supplemented South Jefferson Cooperation Agreement 2 as described in the City
Manager's letter dated March 2, 2009, to this Council. I
2. The City Manager is hereby authorized on behalf of the City to execute k
2009 Extension Agreement to Amended and Supplemented South Jefferson Cooperatioh
Agreement 2, substantially similar to the one attached to the above mentioned City
Manager's letter, that will extend such Agreement and the SJC Agreement 2 for a period of
five (5) years, to and including March 18, 2014, together with such other terms an~
conditions as set forth in the above mentioned City Manager's letter and as may bb
deemed appropriate by the City Manager. Such 2009 Extension Amendment shall be
approved as to form by the City Attorney. I
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3. The City Manager is further authorized to take further actions and execute
further documents as may be needed to implement and administer such 2009 Extension
Amendment.
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:
~/Y). ~buvV
Stephanie M. Moon, CMC
City Clerk
V
Davl A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of March, 2009.
No. 38379-030209.
AN ORDINANCE amending and reordaining Chapter 35, Water, Article II,
Carvins Cove Natural Reserve, of the Code of the City of Roanoke (1979), by amending
Section 35-30 Possession or discharae of firearms; 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. Chapter 35, Water, Article II, Carvins Cove Natural Reserve, of the Code
of the City of Roanoke (1979), as amended, is hereby amended and reordained to read
and provide as follows:
ARTICLE II. CARVINS COVE NATURAL RESERVE
***
146
Sec. 35-30. Pocseccion or d Discharge of firearms.
No person shall enter or remain upon any portion of the Carvins Cove
NatUral Reterve'A'hilo in-possostibri of firearms; nor shall anypercoh
discharge any firearm within the area Carvins Cove Natural Reserve,
except when authorized by the city manager for the purpose of controlling
an animal population which threatens the quality of the water supply.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is dispensed with.
APPROVED
ATTEST:
~~ m. ~bltYV
Stephanie M. Moon, CMC
City Clerk
\\-~~~-
~~....- "
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of March, 2009.
No. 38380-031609.
A RESOLUTION requesting the City of Roanoke's Congressional delegation to
obtain an appropriation to build a rail "steel interstate" in the 1-81 corridor to provide a
national demonstration of fast rail freight and passenger service incorporating 21 st
Century "green" transportation technology.
WHEREAS, a "steel interstate" rail system will reduce truck traffic and
dependence on imported oil while increasing national security and economic
competitiveness, and
WHEREAS, a "steel interstate" rail system will improve the environment through
decreased fuel consumption and greenhouse gas emissions, better air quality, and
improved public health, and
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WHEREAS, today no passenger rail service and limited intercity public bus
service exists in the Roanoke Valley and the 1-81 corridor, and
WHEREAS, the U.S. Congress is considering making investments in
transportation, energy efficiency, fuel conservation, renewable energy; greenhouse gas
abatement, and public infrastructure, and a "steel interstate" rail project would help
achieve all of these goals,
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it
requests the Members of Congress who represent Roanoke to work with other
Members of Congress representing 1-81 corridor states to obtain a federal transportation
demonstration grant to build a pilot segment of the "North American Steel Interstate
System" between Knoxville, Tennessee and Harrisburg, Pennsylvania.
APPROVED
ATTEST:
~/(r). ~d~
Stephanie M. Moon, CMC
City Clerk
~~t~
Sherman P. Lea
Vice-Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 16th day of March, 2009.
No. 38381-031609.
A RESOLUTION accepting a grant from the Department of Housing and Urban
Development (HUD) and authorizing execution of any required documentation on behalf
of the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
148
1 . The City hereby accepts the Office of Healthy Homes and Lead Hazard
Control's FY2008 grant from HUD in the amount of $1,406,633.00 with the City
providing additional matching funds and in kind services of $181,588.00, such funding
to be used to continue building upon the accomplishments of the initial Lead-Safe
Roanoke Program, this Program to be referred to as Lead-Safe Roanoke II, all of which
is more particularly described in the City Manager's letter dated March 16, 2009, to City
Council.
I
2. The City Manager and the City Clerk are hereby authorized to execute
and attest, respectively, on behalf of the City, any and all documents required by HUD
pertaining to such grant, such documents approved as to form by the City Attorney, and
to furnish such additional information as may be required by HUD in connection with the
grant.
APPROVED
ATTEST:
Stephanie M. Moon, CMC
City Clerk
~~J~
Sherman P. Lea I
Vice-Mayor
A~ In. P<fJa~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of March, 2009.
No. 38382-031609.
AN ORDINANCE to appropriate funding from the United States Department of
Housing and Urban Development for the Lead Hazard Control Grant, 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:
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Capital Proiects Fund
Appropriations
Transfer to Grant Fund
Housing Initiative Consulting Project
Housing Pattern Book Project
Grant Fund
Appropriations
Regular Employee Salary
City Retirement
FICA
Medical Insurance
Dental Insurance
Life Insurance
Disability Insurance
Fees for Professional Services
Travel
Supplies
Relocation
Lead Testing and Clearance
LHC 45 Single Family Units
LHC 30 Rental Units
Other Direct Costs
Revenues
Lead Hazard Control Grant FY09
Homeless Assistance Team FY09 -
Local
08-530-9712-9535
08-615-9864-9003
08-615-9867 -9003
35-615-8151-1002
35-615-8151 -11 05
35-615~8151-1120
35-615-8151-1125
35-615-8151-1126
35-615-8151-1130
35-615-8151 -1131
35-615-8151-2010
35-615-8151 -8052
35-615-8151-8055
35-615-8151-8254
35-615-8151-8255
35-615-8151-8256
35-615-8151-8257
35-615-8151-8258
35-615-81 51-8151
35-615-81 51-8152
149
$ 100,000.00
( 99,750.00)
( 250.00)
202,676.00
31,253.00
15,505.00
28,800.00
1 ,644.00
1 ,662.00
57.00
5,000.00
26,756.00
24,880.00
84,500.00
100,000.00
562,500.00
375,000.00
46,400.00
1,406,633.00
100,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~~. nr;o~
Stephanie M. Moon, CMC
City Clerk
~~ C?k-
, Sherman P. Lea
Vice-Mayor
150
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 16th day of March, 2009.
No. 38383-031609.
A RESOLUTION authorizing acceptance of the Law Enforcement Terrorism
Prevention Program (LETPP) Grant made to the City of Roanoke Police Department by
the Virginia Department of Criminal Justice Services (DCJS), and authorizing execution
of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1 . The City Manager is hereby authorized on behalf of the City to accept
from the Virginia Department of Criminal Justice Services (DCJS) the Law Enforcement
Terrorism Prevention Program (LETPP) Grant in the amount of $40,000.00, to secure
consulting services for the design of an enhancement to the future regional law
enforcement information sharing system. There is no matching fund requirement for
this grant. The grant is more particularly described in the letter of the City Manager to
Council dated March 16, 2009.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents setting forth the conditions of the grant in a form approved by
the City Attorney.
I
3. The City Manager is further directed to furnish such additional information
as may be required in connection with the acceptance of the foregoing grant.
APPROVED
ATTEST:
~rn.lY;o~
Stephanie M. Moon, CMC
City Clerk
~'" ~oic-
Sherman P. Lea
Vice-Mayor
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151
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of March, 2009.
No. 38384-031609.
AN ORDINANCE to appropriate funding from the United States Department of
Homeland Security through the Commonwealth of Virginia Department of Emergency
Management for the Law Enforcement Terrorism Prevention Program (LETPP) Grant,
amending anq 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
LETPP Grant FY09
35-640-3553-2010 $40,000.00
35-640-3553-3553 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:
~rn. ~O<>W
Stephanie M. Moon, CMC
City Clerk
~Q~
S erman P. Lea
Vice-Mayor
"-
152
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 16th day of March, 2009.
No. 38385-031609.
A RESOLUTION authorizing acceptance of a grant by the U. S. Department of
Housing and Urban Development to the City of Roanoke Homeless Assistance Team
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 U. S. Department of Housing and Urban Development a supportive services
grant to the Roanoke Homeless Assistance Team in the amount of $137,669.00, with a
cash match of $36,927.00 from the City, for the purpose of continuing the street
outreach program through the Roanoke Homeless Assistance Team, as more
particularly set forth in the letter of the City Manager to Council dated March 16, 2009, is
hereby ACCEPTED.
2. The City Manager is hereby authorized to execute and file. on behalf of I
the City, any documents required to accept such grant. All documents shall be upon
form approved by the City Attorney.
APPROVED
ATTEST:
~ on. PjotJr-}
Stephanie M. Moon, CMC
City Clerk
~_q~c-
Sherman P. Lea
Vice-Mayor
I
153
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of March, 2009.
,No. 38386-031609.
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 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 Salary 35-630-5346-1 002 $100,189.00
Temporary Employee Wages 35-630-5346-1 004 13,310.00
I City Retirement 35-630-5346-11 05 15,449.00
ICMA Match 35-630-5346-111 6 1,125.00
FSA Match 35-630-5346-111 8 390.00
FICA 35-630-5346-1120 8,683.00
Medical Insurance 35-630-5346-1125 14,400.00
Dental Insurance 35-630-5346-1126 822.00
Life Insurance 35-630-5346-1130 838.00
Disability Insurance 35-630-5346-1131 28.00
Telephone 35-630-5346-2020 2,667.00
Telephone-Cellular 35-630-5346-2021 1,667.00
Administrative Supplies 35-630-5346-2030 500.00
Expendable Equipment <$5000.00 35-630-5346-2035 500.00
Motor Fuel and Lubricants 35-630-5346-2038 1 ,200.00
Fleet Mgt Daily Vehicle Rental 35-630-5346-2054 750.00
Program Activities 35-630-5346-2066 11 ,825.00
Postage 35-630-5346-2160 253.00
" ,Revenues
Homeless Assistance Team FY09 35-630-5346-5346 137,669.00
Homeless Assistance Team FY09 -
Local 35-630-5346-5347 36,927.00
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Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
I
APPROVED
ATTEST:
Stephanie M. Moon, CMC
City Clerk
~~ '? te-
Sherman P. Lea
Vice-Mayor
~ In. ;r;o~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of March, 2009.
No. 38387-031609.
A RESOLUTION accepting a donation of funds from Novozymes Biologicals, Inc.
(NBI) to provide improvements to City owned property on Midvale Avenue, formerly the
Hannah Court Trailer Park site (Hannah Tract) for walking trails, landscaped and
revegetated areas, and a parking area; approving and authorizing the City Manager to
sign a Community Service Project Agreement between the City and NBI; authorizing the
City Manager to execute any necessary additional documents, provide any additional
information, and to take any necessary actions in order to obtain, accept, receive,
implement, use, administer, and enforce such donation and Agreement; and expressing
appreciation for such donation.
I
WHEREAS, NBI, pursuant to an Agreement between NBI and the United States,
has offered to donate $250,000.00 to the City for improvements to part of the Hannah
Tract; and
WHEREAS, such donation requires the execution of an Agreement and City staff
and NBI have negotiated a Community Service Project Agreement setting forth the
conditions under which the City can use the donated funds and the obligations of the
City to provide for the above mentioned improvements, which Agreement also provides
for contingencies if the work should exceed the $250,000.00 donation from NBI.
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THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The City of Roanoke hereby accepts the donation of $250,000.00 to the
City from NBI subject to the provisions of the Community Service Project Agreement, all
as more particularly set forth in the letter dated March 16, 2009, from the City Manager
to this Council.
2. Council hereby approves and authorizes the City Manager to execute a
Community Service Project Agreement between the City and NBI 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, administer, and enforce such
donation and Agreement.
4. This CouQf:il wishes to express its appreciation and that of the citizens of
the City.of Roanoke to -Novozymes Biologicals, Inc. for its generous donation to the City
for improvements to part of the Hannah Tract.
APPROVED
ATTEST:
~ (/7/7. h;~~
Stephanie M. Moon, CMC
City Clerk
~ ~)C-
Sherman P. Lea
Vice-Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of March, 2009.
No. 38388-031609.
AN ORDINANCE to appropriate a donation from Novozymes Biologicals, Inc; to
the Hannah Court Site Improvements project, amending and re-ordaining certain
sections of the 2008-2009 Capital Projects Fund Appropriations, and dispensing with
the second reading by title of this ordinance.
156
BE IT ORDAINED by the Council of the City of Roanoke that certain 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 Third Party
Revenues
Hannah Court Improvements-
Novozymes Biologicals, Inc. .
08-530-9703-9004
$ 250,000.00
08-530-9703-9703
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:
~PI.n;~vvJ
~~~L
Sherman P. Lea
Vice-Mayor
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of March, 2009.
No. 38389-031609.
A RESOLUTION approving amendment of the City's Consolidated Plan and
authorizing the City Manager to execute and submit any necessary documents to the
U.S. Department of Housing and Urban Development ("HUD") in connection with such
amendment.
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BE IT RESOLVED by the Council of the City of Roanoke that the City Council
approves an amendment to the City's Consolidated Plan, allowing the use of
Community Development Block Grant ("CDBG") funds for infrastructure improvements
within the City's Conservation Areas, Rehabilitation Districts and/or other low-and
moderate-income areas, made available through the American Recovery and
Reinvestment Act of 2009 ("ARRA"), such amendment to take effect upon, and provided
that no compelling objections have been received by, the conclusion of the public
review period, and that the City Manager and the City Clerk are authorized to execute
and attest, respectively, and submit any necessary documents, approved as to form by
the City Attorney, as applicable, to HUD for such purpose, as more particularly set forth
in the City Manager's letter dated March 16, 2009, to this Council.
APPROVED
ATTEST:
~rh'Y.ON
Stephanie M. Moon, CMC
City Clerk
~v.. C(..he-
r.,
Sherman P. Lea
Vice-Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of March, 2009.
No. 38390-031609.
AN ORDINANCE to appropriate funding from the Federal government American
Reinvestment and Recovery Act (ARRA) through the United States Department of
Housing and Urban Development Community Development Block Grant (CDBG)
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:
158
Appropriations
ARRA CDBG Neighborhood Infrastructure FY09 35-R09-0941-5555 $500,675.00
Revenues
ARRA CDBG Revenue FY09 35-R09-0911-2911 500,675.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ dh. rYjOunJ
Stephanie M. Moon, CMC
City Clerk
.~ ~tc-
Sherman P. Lea
Vice-Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of March, 2009.
No. 38391-031609.
AN ORDINANCE authorizing the City Manager to execute Amendment No. 1 to
the Lease and Agreement dated January 1,2007, between the City of Roanoke and the
Blue Ridge Zoological Society of Virginia, Inc., upon certain terms and conditions; .and
dispensing with the second reading by title of this ordinance.
WHEREAS, the City Manager has requested to amend the present payment date
in a Lease and Agreement dated January 1 , 2007, between the City of Roanoke and the
Blue Ridge Zoological Society of Virginia, Inc. ("the Zoo"), to ensure that the appropriate
funding amount is available each Fiscal Year to best meet the Zoo's operational needs.
BE IT ORDAINED by the Council of the City of Roanoke that:
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1 . The City Manager and the City Clerk are authorized to execute and attest,
respectively, in form approved by the City Attorney, Amendment No.1 to the Lease and
Agreement dated January 1, 2007, between City of Roanoke and the Blue Ridge
Zoological Society of Virginia, Inc., upon the terms and conditions as more particularly
set forth in the City Manager's letter dated March 16, 2009, to this Council, and the copy
of Amendment No.1 attached thereto.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~9"-
S erman P. Lea
Vice-Mayor
fY). h; lJ tyJ
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of March, 2009.
No. 38392-031609.
A RESOLUTION amending and reordaining Resolution No. 38058-042108 in
order to amend the parking fees charged at Campbell Garage; establishing an effective
date; and directing amendment of the Fee Compendium.
,
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WHEREAS, by Resolution No. 38058-042108, adopted on April 21, 2008, City
Council established the parking fees to be charged at the Campbell Garage located at
335 Campbell Avenue, S.W., and amended the Fee Compendium to reflect such
parking fees, effective May 1, 2008; and
WHEREAS, in order to create additional use of the garage, City staff has
recommended amending the current parking fees charged at the Campbell Garage for
monthly and daily/hourly parking, as set forth in the City Manager's letter dated
March 16, 2009, to this Council.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
160
1. That paragraph No. 2 of Resolution No. 38058-042108 be amended by
deleting the current paragraph No.2 and replacing it with the following paragraph No.2:
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2. The parking fees for the Campbell Garage shall be in
accordance with the following new fee schedule effective April 1, 2009:
Daily Fee Schedule
Cam bell Gara e - New
Monthl unreserved
Short term weekdays
8 a.m. to 4 p.m.
Per.5 hr.
Over 2.5 hrs.
Short term weeknights
4 .m. to 9 .m.
Saturda
Sunda
Daily Early Bird Special for
weekdays
$ 45.00/ mo
$ 1.00
$ 6.00
$ 2.00
FREE
FREE
Enter before 9 a.m., as shown by
the ticket for that day, and the
parker pays the lesser of the
regular parking fees or $3.00 for
that da
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2. That the effective date of this Resolution shall be April 1 ,2009.
3. That, except as amended above, the provisions of Resolution No. 38058-
041208, shall remain in full force and effect and such Resolution is hereby reordained
as of April 1, 2009.
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:
~ nt.lr)opW
Stephanie M. Moon, CMC
City Clerk
~~~
Sherman P. Lea
Vice-Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of March, 2009.
No. 38393-031609.
AN ORDINANCE to appropriate funding from the Virginia Department of
Transportation's Commonwealth Transportation Board to the FY10 Traffic Signals
project, amending and re-ordaining 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 Ro~noke that certain 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 State Grant Funds 08-530-9795-9007
Revenues
VDOT - FY1 0 Traffic Signals 08-530-9795-9795
$ 100,000.00
100,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ m. rryhJ
Stephanie M. Moon, CMC
City Clerk
~~q4
Sherman P. Lea
Vice-Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of March, 2009.
No. 38394-031609.
AN ORDINANCE to de-appropriate funding from the Roanoke City School Board
for replacement and upgrades of school playgrounds, amending and re-ordaining
certain sections of the 2008-2009 Capital Projects Fund Appropriations, and dispensing
with the second reading by title of this ordinance.
162
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of I
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 Third Party
Revenues
School Playground Replacement
Reimbursement from Schools
08-620-9725-9004
$ (220,000.00)
08-620-9725-9725
(220,000.00)
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:
~1P7.h;tJVYJ
Stephanie M. Moon, CMC
City Clerk
~ ~-ch-
Sherman P. Lea
Vice-Mayor
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of March, 2009.
No. 38395-031609.
A RESOLUTION suspending the City's matching ICMA retirement contribution
beginning April 1, 2009.
BE IT RESOLVED by the Council of the City of Roanoke that effective April 1,
2009, the City's matching ICMA retirement contribution shall be suspended for the
remainder of FY 2009. .
APPROVED
Sherman P. Lea I
Vice-Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of March, 2009.
No. 38396-031609.
163
AN ORDINANCE to appropriate funding from the Commonwealth and Federal
governments, 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
Professional Development
Supplements
Social Security
I nstructional Staff
Program Director
Activity Assistants
Clerical
Social Security
I ndi rect Costs
Contracted Services
Conference Travel
Pupil Transportation
Supplies
Revenues
State Grant Receipts 302-000-0000-0000-362C-00000-32291-0-00 15,082.00
Federal Grant Receipts 302-000-0000-0000-159C-00000-38287 -0-00 193,639.00
/"
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
302-21 0-3300-0000-361 C-62140-41129-9-0 1
302-21 0-3300-0000-361 C-62140-4220 1-9-0 1
302-110-11 02-0280-159C-611 00-41121-3-05
302-110-11 02-0280-159C-611 00-41124-3-05
302-110-11 02-0280-159C-611 00-41141-3-05
302-110-11 02-0280-159C-611 00-41151-3-05
302-110-11 02-0280-159C-611 00-42201-3-05
302-110-11 02-0280-159C-611 00-42212-3-05
302-110-11 02-0280-159C-611 00-43313-3-05
302-110-11 02-0280-159C-611 00-45554-3-05
302-110-11 02-0280-159C-611 00-45583-3-05
302-110-11 02-0280-159C-611 00-46614-3-05
04.
A P P R OV E D
"it :'.. r- :>,'
ATTEST:
~ fn. tv;ovW
Stephanie M. Moon, CMC
City Clerk
$ 14,010.00
1,072.00
17,250.00
12,242.00
39,240.00
7,200.00
11,815.00
2,730.00
63,000.00
1,962.00
12,500.00
25,700.00
c ~<r-14 /e~
Sherman P. Lea
Vice-Mayor
164
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of March, 2009.
No. 38397-031609.
A RESOLUTION paying tribute to the Virginia Tech Men's Ice Hockey team for
winning the 2008-2009 Atlantic Coast Conference Championship and claiming the ACC
Regular Season Title.
WHEREAS, the VT Hockey team claimed its first ever ACC Hockey
Championship Title in team history;
WHEREAS, the VT Hockey team claimed the regular season title with a record of
11-0-1 in the ACC and an overall record of 18-6-1, including a nine-game winning streak
during the season;
WHEREAS, the VT Hockey team won the Inaugural Commonwealth Cup of
Virginia with victories over the University of Richmond and the University of Virginia;
WHEREAS, the VT Hockey team beat a Division I opponent (Maryland
Terrapins) for the first time in team history, and further went on to defeat a Top 5-ranked
team (Temple University) in Division" for the first time in team history;
WHEREAS, the entire VT Hockey team had tremendous leadership reinforced by
the guidance of eight seniors, including Senior Captain Jimmy Pope and Assistant
Captains Michael Hultberg and John Fratello;
WHEREAS, the members of the VT Hockey team also received three ACC MVP
awards, including ACC Offensive MVP Jimmy Pope, ACC Defensive MVP Joe
Woermer, and ACC Head Coach of the Year Michael Spradlin; and
WHEREAS, Senior Goalie Jon Allen led all Division II teams (more than 120) in
the American Collegiate Hockey Association with the lowest Goals Against Average for
goalies with a minimum of 700 minutes of play.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. Council adopts this resolution as a means of recognizing and commending
the Virginia Tech Men's Ice Hockey team and the coaches and staff for winning the
2009 ACC Hockey Championship and the ACC Regular Season Title.
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165
2. The City Clerk is directed to forward an attested copy of this resolution to
the Virginia Tech Ice Hockey Head Coach, Michael Spradlin and General Manager,
Brian Myers.
APPROVED
ATTEST:
~:WJn'Ir]D~
Stephanie M. Moon, CMC
City Clerk
~_~.Jc--
Sherman P. Lea
Vice-Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of March, 2009.
No. 38398-031609.
AN ORDINANCE authorizing the City Manager to execute a lease agreement
with Gone Co-Co, LLC, for approximately 742 square feet of space in the City Market
Building for a month-to-month term, effective April 1, 2009, not to exceed twelve (12)
months; and dispensing with the second reading of this ordinance by title.
WHEREAS, a public hearing was held on March 16, 2009, 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 the City Clerk are hereby authorized, to execute
and attest, respectively, in a form approved by the City Attorney, an agreement with
Gone Co-Co, LLC, for the lease of approximately 742 square feet of space in the City
Market Building, located at 32 Market Square, Roanoke, Virginia, for a retail business
for a month-to-month term, effective April 1 , 2009, not to exceed twelve (12) months, at
a rental rate of $1,528.52 per month, upon certain terms and conditions, and as more
particularly described in the City Manager's letter to this Council dated March 16, 2009.
166
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
I
APPROVED
ATTEST:
A~~/n~f?JD~
~ ~ @J<-
Stephanie M. Moon, CMC
City Clerk
Sherman P. Lea
Vice-Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of March, 2009.
No. 38399-031609.
AN ORDINANCE authorizing the City Manager to execute a lease agreement
with C. Roger Lamm, III, d/b/a Big Lick Pizza Co., for approximately 680 square feet of
space in the City Market Building for a month-to-month term, effective March 17, 2009,
not to exceed twelve (12) months; and dispensing with the second reading of this
ordinance by title.
I
WHEREAS, a public hearing was held on March 16, 2009, 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 the 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, d/b/a Big Lick Pizza Co., for the lease of approximately 680 square
feet of space in the City Market Building, located at 32 Market Square, Roanoke,
Virginia, to be used as a pizza restaurant for a month-to-month term, effective
March 17, 2009, not to exceed twelve (12) months, at a rental rate of $1,586.66 per I
month, upon certain terms and conditions, and as more particularly described in the City
Manager's letter to this Council dated March 16, 2009.
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167
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. ""b0Y0
Stephanie M. Moon, CMd .
City Clerk
~ ofc--
.~
Sherman P. Lea
Vice-Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2009.
No. 38400-040609.
A RESOLUTION approving the Roanoke Regional Airport Commission's
2009-2010 proposed operating and capital budget upon certain terms and
conditions.
BE IT RESOLVED by the Council of the City of Roanoke that in
accordance with the requirements of the Roanoke Regional Airport Commission
Act, as amended by the General Assembly of Virginia, Chapter 385, 1996 Acts of
Assembly, and the Roanoke Regional Airport Commission Contract dated
January 28, 1987, as amended by First Amendment, dated December 6, 1996,
the City of Roanoke hereby approves the Airport Commission's 2009-2010
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 18, 2009.
APPROVED
ATTEST:
~rn. hjowJ
Stephanie M. Moon, CMC
City Clerk
<QQ~
. David A. Bowers
Mayor
168
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2009.
No. 38401-040609.
A RESOLUTION approving the annual budget of the Roanoke Valley Resource
Authority for Fiscal Year 2009-2010, 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 2009-2010, in the amount of
$10,410,104.00 is hereby approved, all as more particularly set forth, in a letter to the
City Manager, dated March 26, 2009, from Daniel D. Miles, P.E., Chief Executive Officer
of Roanoke Valley Resource Authority, copies of which have been provided to Council.
APPROVED
ATTEST:
~ hJ. 0jO&y0
Stephanie M. Moon, CMC
City Clerk
SJ(l~~
~ A. Bowers !
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2009.
No. 38402-040609.
A RESOLUTION accepting the Western Virginia Workforce Development Board
Workforce Investment Act Computer Literacy Grant, and authorizing the City Manager
to execute the requisite documents necessary to accept the funding.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Western Virginia Workforce Development Board Workforce
Investment Act Computer Literacy Grant in the amount of $5,451.00, to be used during
the period of February 1, 2009 through June 30, 2009 for the purpose of meeting the
computer literacy needs of certain WIA client population, as more particularly set out in
the City Manager's letter dated April 6, 2009, to City Council, is hereby ACCEPTED.
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169
2. The City Manager is authorized to execute, and the City Clerk is
authorized to attest, the requisite documents necessary to accept such funding. II
documents shall be upon form approved by the City Attorney.
APPROVED
ATTEST:
~m. "h]6tMJ
~..r-'\ f?\? ~_ _ "
"-f-) ~ \::::rO - ~
David A. Bowers
Mayor
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2009.
No. 38403-040609.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the FY09 Workforce Investment Act Computer Literacy 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
Contract Services
Revenues
Workforce Investment Act Computer
Literacy FY09
35-633-2359-8057
$ 5,451.00
35-633-2359-2359
5,451.00
170
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:
~ hi. hjOtMJ
Stephanie M. Moon, CMC
City Clerk
~Q~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2009.
No. 38404-040609.
A RESOLUTION authorizing acceptance of certain funds from the Emergency
Management Assistance Compact (EMAC), 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 I
from the Emergency Management Assistance Compact (EMAC) funds in the amount of I
$57,524.00 for the Hurricane Gustav Deployment, and $51,277.00 for the Hurricane Ike I
Deployment, totaling $108,801.00, to reimburse the City of Roanoke for personnel
hours as well as expense claims, as more particularly described in the letter of the City
Manager to Council dated April 6, 2009.
2. The City Manager is hereby authorized to accept, execute and file, on
behalf of the City, any documents setting forth the conditions of such funding in a form
approved by the City Attorney.
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171
3. The City Manager is further directed to furnish such additional information
as may be required in connection with the acceptance of the foregoing funding.
APPROVED
ATTEST:
~. ~ - h-J. ~OwV
~ --J..?t
Stephanie M. Moon, CMC
City Clerk
o .QCIl---.-
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2009.
No. 38405-040609.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
reimbursement to the Fire and Police Departments of hurricane deployment related
expenses, amending and reordaining certain sections of the 2008-20.09 General Fund
Appropriations, and dispensing with the second reading by title of this ordin'ance.
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 Salaries
Overtime Wages
Regular Salaries
Overtime Wages
Business Meals and Travel
Regular Salaries
Overtime Wages
Workers Comp Medical
Special Projects
Regular Salaries
Overtime Wages
Regular Salaries
Overtime Wages
Training and Development
Revenues
Hurricane Deployment Reimbursement
01-520-3211-1002
01-520-3211-1003
01-520-3212-1002
01-520-3212-1003
01-520-3212-2144
01-520-3213-1 002
01-520-3213-1 003
01-520-3213-1140
01-520-3520"2034
01-520-3521-1 002
01-520-3521-1 003
01-640-3112-1002
01-640-3112-1003
01-640-3112-2044
01-110-1234-0704
$ 3,806.00
6,333.00
2,903.00
4,803.00
23,981.00
22,490.00
18,918.00
1,592.00
8,724.00
3,470.00
2,393.00
3,394.00
5,618.00
376.00
108,801.00
172
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.~OYV'
Stephanie M. Moon, CMC
City Clerk
~Q e? ""^'--'
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2009.
No. 38406-040609.
A RESOLUTION supporting the application or other documents to be filed with
the Virginia Department of Rail and Public Transportation (DRPT) by ChemSolv, Inc.,
d/b/a Chemicals and Solvents, Inc. (ChemSolv), for up to $450,000.00 in Industrial I
Access Railroad Track Funds and to state the City's support for ChemSolv receiving
such funds.
WHEREAS, due to the changes in volumes of products purchased in rail tank
cars for distribution, ChemSolv has expressed its intent and desire to the City of
Roanoke to upgrade and add additional track to meet demand, which work will cost
approximately $500,000.00 and will likely result in ChemSolv hiring up to five (5)
additional employees;
WHEREAS, the officials of ChemSolv have reported to the City their intent to
apply for Industrial Access Railroad Track Funds from the DRPT in an amount up to
$450,000.00;
WHEREAS, the City has been advised that the locality within which the industry
is expanding must provide a resolution supporting such application; and
WHEREAS, Council wishes to indicate the City's support for ChemSolv's
application.
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173
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. City Council hereby endorses and supports the application to be filed by
ChemSolv for up to $450,000.00 in Industrial Access ~ailroad Track Funds and makes
known the City's desire and intent to assist and cooperate with the DRPT and the
Commonwealth Transportation Board so the Department and/or Board can provide the
maximum financial assistance to ChemSolv for the purpose of expanding ChemSolv's
facility in the City.
2. The City Manager is hereby authorized to execute and file on behalf of the
City any and all appropriate documents required in connection with supporting the
application to be filed by ChemSolv for ChemSolv to receive Industrial Access Railroad
Track Funds from the Commonwealth of Virginia in an amount up to $450,000.00, and
to take such further action and furnish such additional information as may be required
by the Commonwealth regarding such application, all as more fully set forth in the City
Manager's letter to Council dated April 6, 2009.
APPROVED
ATTEST:
~~hJ. do)OtMJ
Stephanie M. Moon, CMC
City Clerk
~0Qa::l~~- ,
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITYOF ROANOKE, VIRGINIA,
The 6th day of April, 2009.
No. 38407-040609.
A RESOLUTION authorizing a Southern Rivers Agreement between the City and
the Virginia Department of Housing and Community Development (DHCD) relative to
the Fairhope Road Sanitary Sewer Extension Project; approving and ratifying the
execution of such Southern Rivers Agreement, which contains a provision for the City to
hold harmless the Commonwealth of Virginia and the DHCD as a condition of such
Agreement; and authorizing the City Manager to execute such other documents and
take such further actions as may be necessary to implement and administer such
Agreement.
174
WHEREAS, City Council adopted Resolution No. 37996-012208 on January 22, I
2008, which authorized the City Manager to submit an application to the DHCD for a
Southern Rivers Watershed Enhancement Program grant to provide money for the
Western Virginia Water Authority (WVW A) for a sewer extension project within the City
of Roanoke, which has a local match of $27,000.00 to be provided by the WVWA;
WHEREAS, that same Resolution authorized the City Manager 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 could administer the grant funds and complete the sewer extension project,
and the City and the WVWA executed an Agreement dated January 29, 2009, to
accomplish such purpose; and
WHEREAS, the DHCD, as a condition for receiving grant funds from the
Southern Rivers Watershed Enhancement Program (SRWEP), is requiring a Southern
Rivers Agreement dated March 18,2009, which has been executed, and which among
other things, requires the City to hold harmless the Commonwealth of Virginia and the
DHCD, as more particularly set forth in the City Manager's letter to Council dated April 6,
2009.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1 . The City hereby authorizes the Southern Rivers Agreement dated
March 18, 2009, between the City and the DHCD, a copy of which Agreement was
attached to the City Manager's letter to Council dated April 6, 2009.
I
2. The Southern Rivers Agreement dated March 18, 2009, between the City
and DHCD, which has been executed, and which includes a provision to hold the
Commonwealth of Virginia, DHCD, its agents and employees harmless from any and all
claims and demands based upon or solely arising out of any actions by the City, its
employees, agents or contractors in connection with the Fairhope Road Sanitary Sewer
Extension Project, is hereby approved and ratified.
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175
3. The City Manager is further authorized to execute such other documents
and take such further actions as may be necessary to implement and administer such
Agreement.
APPROVED
ATTEST:
~.h).Y1o~
Stephanie M. Moon, CMC
City Clerk
(~)'QC9 ~..~ -
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2009.
No. 38408-040609.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the FY09 Southern Rivers Watershed Enhancement 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
Construction Other 35-530-8180-9065 $ 375,000.00
Revenues
Southern Rivers Watershed Enhancement FY09 35-530-8180-8180 375,000.00
176
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, n-;60v0
Stephanie M. Moon, CMC
City Clerk
rh {) ~l ~ O'AfAhA-.
~ LA A)4 -n___
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2009.
No. 38409-040609.
AN ORDINANCE to appropriate funding from the Western Virginia Water
Authority to various capital projects, amending and re-ordaining certain sections of the
2008-2009 Capital Projects Fund Appropriations, and dispensing with the second I
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain 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 Third Party
Appropriated from Third Party
Revenues
Storm Drain Maintenance - WVW A
Reimbu rsement
Colonial Green Water Tank Study-
WVW A Reimbursement
08-530-9798-9004
08-530-9818-9004
$ 75,036.00
1
500.00 :
I
!
08-530-9818-9823
75,036.00 .
500.00
08-530-9798-9798
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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:
~~ h-). Yr-p1N0
Stephanie M. Moon, CMC
City Clerk
Q \2 C1l-
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2009.
No. 38410-040609.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
E-911 Wireless Service, amending and reordaining certain sections of the 2008-2009
General and Department of Technology Funds Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2008-2009 General and Department of Technology Funds
Appropriations be, and the same are hereby, amended and reordained to read and
provide as follows:
General Fund
Appropriations
Transfer to Department of Technology Fund
Overtime
Revenues
E-911 Wireless
01-250-9310-9513
01-430-4131-1 003
$ 138,284.00
5,000.00
01-110-1234-0654
143,284.00
Department of TechnoloQV Fund
Appropriations
Systems Development
Revenues
Transfer from General Fund
13-430-9870-9067
138,284.00
13-11 0-1234-0951
138,284.00
178
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
I
APPROVED
ATTEST:
~ n,. YOjOo-rJ
Stephanie M. Moon, CMC
City Clerk
I
I
9QPr?~..~ t
Davi~~~ers
Mayor I
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2009.
No. 38411-040609.
AN ORDINANCE to transfer funding from the Capital Improvement Reserve and
appropriate funding from the Virginia Department of Transportation to the Hershberger
Road Corridor Improvements project, amending and re-ordaining certain sections of the I
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 certain 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 General Revenue
Appropriated from State Grant Funds
VDOT Match
Revenues
VDOT - Urban Funds ~ Hershberger
Road Corridor Improvements
08-530-9516-9003
08-530-9516-9007
08-530-9575-9210
$ 38,000.00 i
I
1,996,000.00
I
(38,000.00)
I
08-530-9516-9516
I
1,996,000.00 !
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179
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~irJ. hJ6~
Stephanie M. Moon, CMC
City Clerk
Q)Q~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2009.
No. 38412-040609.
AN ORDINANCE to appropriate additional funding from outdoor recreation
program fees for outdoor program activities, 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
Program Activities-Outdoor
Revenues
Outdoor Programs
01-620-7110-2099
$25,000.00
01-110-1234-1387
25,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ hJ. 0j61MJ
Stephanie M. Moon, CMC
City Clerk
g:Q~
David A. Bowers
Mayor
180
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2009.
No. 38413-040609.
A RESOLUTION setting the allocation percentage for personal property tax relief
in the City of Roanoke for the 2009 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 1,2009, 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 58.18% tax relief.
3. That qualifying personal use vehicles valued at $20,001.00 or more shall
only receive 58.18% 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.
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181
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:
~ m. !Yj6uW
Stephanie M. Moon, CMC
City Clerk
Sd)-@--
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2009.
No. 38414-040609.
AN ORDINANCE authorizing the City Manager to execute the necessary
documents providing for the conveyance of an approximately .84 acre parcel of City-
owned property, bearing Official Tax No. 4040503R, to Carilion-Medical Center,
located in the South Jefferson Redevelopment Area immediately adjacent to the
Roanoke River, upon certain terms and conditions; and dispensing with the second
reading of this ordinance.
WHEREAS, a public hearing was held on March 16, 2009, 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 said
conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for and on
behalf of the City, to execute and attest, respectively, the necessary documents
providing for the conveyance of an approximately .84 acre parcel of City-owned
property, bearing Official Tax No. 4040503R, to Carilion Medical Center, upon certain
terms and conditions and as more particularly shown on the map attached to the City
Manager's letter to this Council dated March 16, 2009.
182
2. All documents necessary for this conveyance shall be in fonn approved by I
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:
~h,.4O){).~
Stephanie M. Moon, CMC
City Clerk
C7\..r Y~..a~.._~-
..::::.-; ~J4_- - -~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of April, 2009.
No. 38415-040609.
I
A RESOLUTION changing the location of the joint meeting of Roanoke City
Council and the Roanoke City School Board scheduled to be held at 9:00 a.m., on
Monday, May 4,2009, from the EOC Conference Room in the Municipal Building to the
William Fleming Senior High School Media Center, 3649 Ferncliff Avenue, N. W.,
Roanoke, Virginia.
BE IT RESOLVED by the Council of the City of Roanoke that:
1 . The joint meeting of Roanoke City Council and the Roanoke City School
Board scheduled to be held at 9:00 a.m., on Monday, May 4, 2009, in the EOC
Conference Room in the Municipal Building is hereby relocated to the William Fleming
Senior High School Media Center, 3649 Ferncliff Avenue, N. W., Roanoke, Virginia.
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2. The City Clerk is directed to cause a copy of this resolution to be posted
adjacent to the doors of the Council Chambers and the EOC Conference Room and
inserted in a newspaper having general circulation in the City at least seven days prior
to May 4, 2009.
APPROVED
ATTEST:
~ m. 4Oj3TYV
Stephanie M. Moon, CMC
City Clerk
~~..~
~~._- ---
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2009.
No. 38416-042009.
A RESOLUTION supporting and authorizing the City's application for a Smart
Growth Implementation Assistance program and authorizing the City Manager to
execute the required applications and take any other actions to respond to any inquiries
or provide supplemental information.
WHEREAS, the Smart Growth Implementation Assistance program, administered
by the U. S. Environmental Protection Agency (EPA), provides technical assistance to
selected organizations in developing and implementing policies supporting smart growth
and public outreach and education; and
WHEREAS, the City's Comprehensive Plan, Vision 2001-2020, contains a
number of smart growth principles which are further reinforced by adopted component
plans and parallel Council initiatives, such as ICLEI - Local Governments for
Sustainability.
THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. That Council supports the City's application for the Smart Growth
Implementation Assistance program through the EPA, as more fully set forth in the City
Manager's letter dated April 20, 2009, to Council.
184
2. The City Manager and the C~y Cieri< are hereby authorized to execute I
and attest, respectively, for and on behalf of the City, any and all requisite documents
pertaining to the City's application for the program, approved as to form by the City
Attorney, and to take any' other actions to respond to any inquiries or provide
supplemental information.
APPROVED
ATTEST:
~ fn. h'JorW
Stephanie M. Moon, CMC
City Clerk
~-tJ I?r?......u...~_
~~ v.J~ -- ----
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2009.
No. 38417-042009.
I
AN ORDINANCE amending and reordaining Ordinance No. 31616-082393; and
dispensing with the second reading by title of this ordinance.
WHEREAS, by adopting Ordinance No. 31616-082393, on August 23, 1993, City
Council intended to permanently vacate, discontinue and close a certain public right-of
way situate in the City of Roanoke, and more particularly described as follows:
That portion of an unused alley extending in a northerly direction
from Murray Avenue, S. W., for a distance of approximately 167.64
feet to an alley that runs in an east/west direction between 9th
Street and 11th Street, S. E., both of which are located in Block 34,
Map of Buena Vista Land Co.
WHEREAS, Ordinance No. 31616-082393 provided that it would be null and void,
with no further action by City Council being necessary, if a plat of subdivision
implementing the ordinance were not recorded within twelve (12) months from the
effective date of that ordinance; and
WHEREAS, an extension of time to twelve (12) months from the effective date of
this ordinance, in which the above conditions must be met will effectuate the purpose of
Ordinance No. 31616-082393.
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THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
Ordinance No. 31616-082393 be amended to read and provide as follows, and that
such ordinance be reordained as amended:
BE IT FURTHER ORDAINED that the closure of the above-
described right-of-way. is conditioned upon applicant's
submitting to the City, receiving approval of, and recording a
subdivision plat, providing for the disposition of the land
within the right-of-way, to be vacated, in a manner consistent
with the requirements of Chapter 31.1, Subdivisions, of the
City Code, and providing for the retention of appropriate
easements, together with the right of public passage over
the same, for the purpose of construction, repair and general
maintenance of any and all utilities that may exist within the
right-of-way;' and either providing verification that the City
sanitary sewer line has sufficient cover and depth to
withstand live load pressures to be generated within the
proposed parking area or providing sufficient alternative
measures to ensure the future stability of the sewer line, any
and all of which shall be provided in a manner acceptable to
the Agent to the Planning Commission; and in the event
these conditions have not been met and the said plat has not
been recorded in the Office of the Clerk of Circuit Court
within twelve (12) months from the date of reordainment of
this ordinance, this ordinance shall become null and void
with no further action by City Council being necessary.
BE IT FURTHER ORDAINED that the applicant shall record a certified copy of
this ordinance along with the copy of Ordinance No. 31616-082393 that is to be
recorded with the Clerk of the Circuit Court.
BE IT FINALLY ORDAINED that pursuant to the provisions of ~12 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ tn. h]OrnJ
Stephanie M. Moon, CMC
City Clerk
rv.() ~
~_ w ~ .""""
David A. owers -- -
Mayor
186
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2009.
I
No. 38418-042009.
AN ORDINANCE authorizing the proper City officials to execute an Amendment
No.5 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, subject to certain requirements; 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, a subsequent Amendment No.2 dated September 18, 2007,
a subsequent Amendment No.3 dated June 18, 2008, and a subsequent Amendment
NO.4 dated November 20, 2008, 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 I
IMD's obligations under the Performance Agreement, Amendment No.1, Amendment
No.2, Amendment No.3, and Amendment No.4, and City staff recommends granting
such request, subject to certain requirements. After approval by the City, the
Amendment NO.5 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 IMD's requested time extension for
completion of one of IMD's obligations under the Performance Agreement, Amendment
No.1, Amendment No.2, Amendment No.3, and Amendment No.4, namely that item
relating to Subsection 2 (D), subject to certain requirements as set forth in the City
Manager's letter to Council dated April 20, 2009, the draft Amendment No. 5 attached
thereto, and in the original Performance Agreement and prior Amendments thereto.
2. The City Manager is authorized on behalf of the City to execute an
. Amendment No. 5 to the Performance Agreement, Amendment No.1, Amendment No.
2, Amendment No.3, and Amendment No.4, 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 requirements, terms, and conditions as set forth in the above
mentioned City Manager's letter. Such Amendment will be retroactive to April 30, 2009, I
and will be substantially similar to the one attached to such letter and in a form
approved by the City Attorney.
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3. The City Manager is further authorized to take such actions and execute
such documents as may be necessary to provide for the implementation, administration,
and enforcement of all 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:
~rY). h]bUYJ
Stephanie M. Moon, CMC
City Clerk
~.Q~Ah.~
~ '-:!;-~.,. --
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2009.
No. 38419-042009.
A RESOLUTION paying tribute to William Fleming High School's Boys Varsity
Basketball Team for participating in the Virginia High School League Group AAA Boys
Basketball State Championship Game.
WHEREAS, the William Fleming basketball team began the 2008-2009 season
by winning eleven straight games and being ranked 9th in the State before losing its first
game;
WHEREAS, this team, comprised of ten seniors, two juniors, and one freshman,
showed great determination in its quest for its second State championship in three
years;
WHEREAS, Fleming's team won the Holiday Hoopla Tournament, the Western
Valley District Tournament Championship, and the Northwest Region Championship;
WHEREAS, the Colonels along this journey had to travel to Northern Virginia to
play and defeat Stafford High School in a State quarterfinal game, then had to return to
defeat Garfield for the right to qualify for the VHSL Group AAA State Tournament. The
team traveled to G. W. Danville for the Northwest Region Championship for a 49-46
victory;
188
WHEREAS, the William Fleming basketball team played and defeated Booker T.
Washington from Norfolk 49-48 to advance to the final four in Richmond at the Siegel
Center; and
I
WHEREAS, the Colonels, with a record of 25-5, traveled to Richmond and
defeated the third ranked John Marshall High School in the semifinal with a score of 53-
50, and returned to Richmond to play the second ranked Kings Fork High School of
Suffolk before losing 49-47 in the State Championship to become the VHSL State
Group AAA Runner-Up.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that
Council adopts this Resolution as a means of recognizing and commending the William
Fleming High School Colonels and its coaches for participating in the 2009 VHSL Group
AAA Boys Basketball State Championship Game at Virginia Commonwealth
University's Siegel Center in Richmond on Friday, March 13, 2009.
APPROVED
ATTEST:
~h1. rr;oonJ
Stephanie M. Moon, CMC
City Clerk
97Q~~
David A. Bowers I
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2009.
No. 38420-042009.
AN ORDINANCE to amend S 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, Newmel, LLC, represented by Ray Craighead, architect, has made
application to the Council of the City of Roanoke, Virginia ("City Council"),.to have the
property located at 3605 Melrose Avenue, N. W., bearing Official Tax No. 2660103,
rezoned from R-7, Residential Family District, to MX, Mixed Use District, for the
construction of a combination residential and commercial use building, and for uses as I
permitted in the zoning district;
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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 April 20, 2009, 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 practic~, require the
rezoning of the subject property, and for those reasons, is of the opinion that the
hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax Map No. 2660103, located at 3605
Melrose Avenue, N. W., be and is hereby rezoned from R-7, Residential Family District,
to MX, Mixed Use District, for the construction of a combination residential and
commercial use building, and for uses as permitted in the zoning district, as set forth in
the Zoning Amended Application NO.1 dated February 5, 2009.
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:
~h1'IY)t;~
Stephanie M. Moon, CMC
City Clerk
<;;)'Qo:t~
David A. Bowers
Mayor
190
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2009.
1
No. 38421-042009.
AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, to rezone certain property within the City, subject to a certain
condition proffered by the petitioner; and dispensing with the second reading of this
ordinance by title.
WHEREAS, The Branch Family, LLC, represented by Maryellen F. Goodlatte,
Esquire, has made application to the Council of the City of Roanoke, Virginia ("City
Council"), to have property located at 1354 8th Street, S. W., bearing Official Tax Nos.
1130809 and 1130814, from 1-1, Light Industrial District, to IN, Institutional District,
subject to a proffered condition..
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 I.
City Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on May 18, 2009, after due and timely notice thereof as required by 936.2-540,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest
and citizens were given an opportunity to be heard, both for and against the proposed
rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the
public necessity, convenience, general welfare and good zoning practice, require the
rezoning of the subject property, and for those reasons, is of the opinion that the
hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1
1
1
1
191.
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. 1130809 and 1130814, located
at 1354 8th Street, S. W., is hereby rezoned from 1-1, Light Industrial District, to IN,
Institutional District, subject to a certain condition proffered by the petitioner, as set forth
in the Zoning Amended Application NO.2 dated March 19, 2009.
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~~wJ
Stephanie M. Moon, CMC
City Clerk
Q~
o David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2009.
No. 38422-042009.
AN ORDINANCE amending Vision 2001-2020, the City's Comprehensive Plan,
by amending the 2007 Update to the Roanoke Valley Conceptual Greenway Plan to
include the Lick Run Greenway Phase III Feasibility Study dated December 2008; and
dispensing with the second reading by title of this ordinance.
WHEREAS, on March 19, 2009, the Lick Run Greenway Phase III Feasibility
Study dated December 2008 (the "Study"), which includes an examination of the
planned extension of the Lick Run Greenway north, a review of potential bike and
pedestrian connections east of 1-581, and a Trail Action Plan, was presented to the
Plarlning Commission;
WHEREAS, the Planning Commission held a public hearing on that date and
recommended amending Vision 2001-2020, the City's Comprehensive Plan, by
amending the 2007 Update to the Roanoke Valley Conceptual Greenway Plan to
include the.Lic~ Run Greenway Phase III Feasibility Study dated December 2008; 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 April 20, 2009, on
the proposed Study, as amended, at which hearing all citizens so desiring were given
an opportunity to be heard and to present their views on such amendment.
192
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1
1. That this Council hereby approves the amendment to the 2007 Update to
the Roanoke Valley Conceptual Greenway Plan to include the Lick Run Greenway
Phase III Feasibility Study dated December 2008, and amends Vision 2001-2020; the
City's Comprehensive Plan, to include such Study as an element thereof.
2. That the City Clerk is directed to forthwith transmit attested copies of this
ordinance to the City Planning Commission.
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:
~h7'lYJ!JiYJ
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2009.
No. 38423-042009.
AN ORDINANCE amending and reordaining Section 36.2-205, Dimensional
reaulations; Section 36.2-314, Commercial Districts (CN. CG. CLS); Section 36.2-326,
Mixed Use Planned Unit Development District (MXPUQl; Table 340-1 of Section 36.2-
340, Use Matrix; Section 36.2-403, Accessorv uses and structures; Section 36.2-405,
Bed and breakfast; Section 36.2-407, Commercial motor vehicle sales and service, new
or used; Section 36.2-409, Drive-throuah facilities; Section 36.2-413, Home
occupations; Section 36.2-418, Motor vehicle or trailer paintina and body repair; Section
36.2-420, Motor vehicle sales and service establishment. new; Section 36.2-421, Motor
vehicle sales and service establishment. used; Section 36.2-423, Outdoor storaae;
Section 36.2-427, Satellite dish antennas; Section 36.2-429, Temporarv uses; Section
36.2-430, Towina services; Section 36.2-620, Purpose; 36.2-642, Generallandscapina
and screenina standards; Section 36.2-647, Buffer yards; Section 36.2-648, Parkina
area landscapina; Section 36.2-649, Screenina of specific uses and facilities; Section I 1
36.2-650, Purpose; Section 36.2-652, Minimum off-street parkina; Section 36.2-654 Off-
street parkina area standards; and Table 654-1, Off-Street Parkina Dimensions; Section
1
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36.2-655, Off-street loading; Section 36.2-668, Types and number of on-premises sians;
Section 36.2-840, Zoninq Administrator, and Appendix A, Definitions; and adding a new
Section 36.2-841, Powers and duties, of Chapter 36.2, Zonina, of the Code of the City
of Roanoke (1979), as amended, for the purpose of clarifying or refining regulations
based on their practical application; 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. Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as
amended, is hereby amended and reordained, to read and provide as follows:
Sec. 36.2-205. Dimensional regulations.
* * *
(d) Lot frontage.
(1) Every building erected or moved shall be located on a lot
that has frontage on an improved publio street or 3 pri\'3to
stroot in a MXPUD, INPUD, or IPUD Distriot.
(2) Lots that existed prior to the adoption of this Chapter that
have no frontage on a public street may provide aCcess from
a private street that has been approved by the City Manager.
No such lot may be further subdivided unless frontage on a
public street is provided consistent with the applicable
zoning district regulation.
* * *
Sec. 36.2-314. Commercial Districts (CN, CG, CLS).
(a) Purpose. This section establishes regulations for the following
commercial zoning districts:
* * *
194
(3)
The Commercial-Large Site District (CLS) is intended to
accommodate multiple buildings and uses that are large in
scale and generally characterized by multiple tenants or
uses on a sillgle> zoning lot. which share common parking,
curb cuts, driveways, and ac;:cessto and from public streets.
These uses and areas are heavily depencjent on the motor
vehicle and tend to result in large parking areas and outdoor
display of merchandise. CLS District uses include large
motor vehicle sales and service establishments and
community and regional shopping centers. The district
standards provide for landscaped buffers to minimize the
impact of CLS uses on surrounding areas.
* * *
36.2-326. Mixed Use Planned Unit Development District (MXPUD).
* * *
(b) Applicability.
* * *
(3)
Development within an area zoned MXPUD shall include
one or more types of permitted residential uses, a
combination of permitted residential and commercial uses, or .
a combination of different permitted residontial commercial
uses.
* * *
(d) Development standards. All applications for review and approval of
a Mixed Use Planned Unit Development District (MXPUD) shall comply
with the following standards of development:
* * *
(2) Dimensional standards: The dimensional standards within
the MXPUD District shall be as set forth in Table 326-1.
* * *
1
1
1
1
1
1
195
Table 326-1. Dimensional Matrix for Mixed Use Planned Unit Development District
(MXPUD)
Standard MXPUD
Density (minimum square footage of lot 1,800 square feet
area per dwellina unit)
Shall be specified during the review
Lot area, minimum and approval of the development plan
for the MXPUD District
Shall be specified during the review
Lot frontage, minimum and approval of the development plan
for the MXPUD District
Shall be specified during the review
Front yard, minimum and approval of the development plan
for the MXPUD District
Shall be specified during the review
Side yard, minimum and approval of the development plan
for the MXPUD District
Side yard ':Jithin the MXPUD whioh abuts
the perimeter of the MXPUD Distriot 30 feet in depth
. . .-\
Shall be specified during the review
Rear yard, minimum and approval of the development plan
for the MXPUD District
Rear yard within the MXPUD whioh abutc
the perimeter of the MXPUD Distriot 30 feet in depth
. .
No maximum height, except where
MXPUD District adjoins a residential
district, in which case the height of any
Height, maximum structure within the MXPUD District
shall not exceed one (1) foot of height
for one (1) foot of setback from the
adiacent residentially-zoned lot
Impervious surface ratio (maximum 80%
cumulative ratio for a MXPUD District)
Usable open space (minimum square 300 square feet
footaae per dwellina unit)
* * *
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
196
Table 340-1. Use Matrix
Key: "P" means permitted as of right as a principal use. "S" means permitted by special
exception asa 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.
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c:: ~ Q.) Q.) ex: ex: Q.) Q.) E: ,0 0 :;:: U)
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ex: C\J ex: ex: ex: ..... C\J ~ (.) ~ 0 :E U) CI) ~ ~ g
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Use ex: ex: ex: ex: ex: ex: ex: (.) (.) I a ex: ~ ~
- - - -
Accessory Uses
* * *,
Home
occupation, S S S S S S S S S S
Personal service, A A A A A A A A A A A A A A
subject to Sec.
36.2-413
* * *
1 All asterisks represent a note to the printer that current uses other than Home
occupation, Personal service are not to be deleted from this Table.
* * *
Sec. 36.2-403. Accessory uses and structures.
* * *
(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:
* * *
(2)
Accessory structures shall be located no closer to any f*IbliG
street than the principal building, except as set forth in (A) and
(B) below, provided such exceptions set forth in (A) and (B)
below shall not apply to refuse dumpster enclosures.
1
1
1
197
1
(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) i*IDlie street, provided no
accessory structure shall be located closer than five (5)
feet to any such lot line abutting a ~ 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.
* * *
(d) Amateur radio towers and antennas. Amateur radio towers and
antennas shall be permitted by right as accessory structures in all zoning
districts, subject to the following supplemental regulations:
* * *
(3) Amateur radio towers and antennas, including any guy wires,
shall be located no closer to the i*IDlie street on which the
principal building fronts than the principal building; and
1
(4)
Amateur radio towers and antennas shall be dismantled and
removed from the site within one hundred eighty (180) calendar
days of the tower no longer being used.
Sec. 36.2-405. Bed and breakfast.
***
(b) Location requirements. In any zoning district in which bed and
breakfast establishments are permitted, such establishments shall be
located within a sinqle-familv detached dwelling.
(2)
The bed and breakfast establishment shall not be located
oloser than five hundred (600) feet to any other bed and
breakfast establishment where the establishment is
permitted by special exception. The applicant shall pro'./ide
a ccaled map of the lot lines for the subject property and the
lot lines for the nearest bed and breakfast establishment as
part of any application for a special exception, development
plan approval, or zoning permit.
1
* * *
198
Sec. 36.2-407. Commercial motor vehicle sales and service, new or used.
Application for a zoning permit for a new or used commercial motor
vehicl~sales and service establishment shall require that the applicant submit a
basic or comprehensive development plan in compliance with the following
supplemental regulations:
(a) A landscaping strip of a minimum depth of eight (8) feet shall be
provided along any adjacent public street right-of-way and shall be subject
to the following requirements:
(1) A minimum of one (1) evergreen or deciduous shrub, spaced
at a rate of no greater than three (3) feet on center and with
a minimum height at planting of twenty-four (24) inches, shall
be planted in the required landscaping strip; and
(2) The storage or display of motor vehicles within, upon, or in a
manner which overhangs any portion of the required
landscaping strip shall be prohibited.
* * *
Sec. 36.2-409. Drive-through facilities.
* * *
(c) Definitions. For the purposes of this section, the following words and
terms are defined as set forth below:
* * *
Access connection: Any driveway, street, curb cut, tumout, or other means of I
providing for the movement of motor vehicles to or from the f*IbliG street
network.
* * *
(d) Standards.
* * *
1
1
1
199
1
(5)
Entrances to stacking lanes shall be clearly marked and
shall be located at a minimum of forty (40) feet from the
intersection with the public street. The distance shall be
measured from the property line along the street to the
beginning of the entrance. The entrance into the drive-
through lanes shall not conflict with general access to the
site.
(6) Stacking lanes shall be designed so that they do not
interfere with circulation both on site and on adjacent public
streets. Toward that purpose, stacking lanes shall be
designed so they:
(A) Do not impede or impair access into or out of parking
spaces;
(B) Do not impede or impair motor vehicle or pedestrian
traffic movement;
1
(C) Minimize conflicts between pedestrian and motor
vehicular traffic with physical and visual separation
between the two; and
(D) Do not interfere with required loading and trash storage
areas, and loading or trash operations shall not impede
or impair motor vehicle movement. If separate stacking
is curbed, an emergency by-pass or exit shall be
provided.
* * *
Sec. 36.2-413. Home occupations.
* * *
(f) Specific standards for personal service home occupations. .My
pPersonal service home occupations shall be permitted as accessory
uses as set forth in the Use Matrix in Section 36.2-340, by thiE ohapter by
Epeoial exception or as of right Ehall be subject to the general standards
for all home occupations as set forth in subsection (d), above, and the
following additional standards:
1
(1) No persons other than family members residing on the
premises shall be engaged in or employed by such personal
service home occupation.
200
(2)
Not more than one (1) separate entrance or exit to the
residence or accessory structure solely for the purpose of
the personal service home occupation shall be permitted.
The creation of any such separate entrance shall not be
permitted on the frontfaC(ade of the residential dwelling.
(3) The number of clients or customers v:ho may visit the
personal cervice home occupation at anyone time may be
established by the Board of Zoning .'\ppeals as a condition of
the approval of a special exception.
* * *
Sec. 36.2-418. Motor vehicle or trailer painting and body repair.
* * *
1
(c) Additional standards in the 1-1 and 1-2 Districts. In addition to the
general standard set forth in subsection (a), above, a motor vehicle or
trailer painting and body repair establishment in the Light Industrial District
(1-1) or the Heavy Industrial District (1-2) shall be subject to the following 1
requirements:
* * *
(3) The outdoor storage area shall be screened from view from
adjacent properties and public streets by providing a
Category "E," Option 1, buffer yard, as defined in Section
36.2-6476(b), along the perimeter of the storage area.
* * *
Sec. 36.2-420. Motor vehicle sales and service establishment, new.
Application for a zoning permit for a new motor vehicle sales and service
establishment shall require that the applicant submit a basic or comprehensive
development plan in compliance with the following supplemental regulations:
(a) A landscaping strip of a minimum depth of eight (8) feet shall be
provided along any adjacent public street right-of-way and shall be subject
to the following requirements:
1
201
I
(1 )
A minimum of one (1) evergreen or deciduous shrub, spaced
at a rate of no greater than three (3) feet on center and
having a minimum height at planting of twenty-four (24)
inches, shall be planted in the required landscaping strip;
and
(2) The storage or display of motor vehicles within, upon, or in a
manner which overhangs any portion of the required
landscaping strip shall be prohibited.
* * *
Sec. 36.2-421. Motor vehicle sales and service establishment, used.
Application for a zoning permit for a used motor vehicle sales and service
establishment shall require that the applicant submit a basic or comprehensive
development plan in compliance with the following supplemental regulations:
1
(a) A landscaping strip of a minimum depth of eight (8) feet shall be
provided along any adjacent public street right-of-way and shall be subject
to the following requirements:
(1) A minimum of one (1) evergreen or deciduous shrub, spaced
at a rate of no greater than three (3) feet on center and
having a minimum height at planting of twenty-four (24)
inches, shall be planted in the required landscaping strip;
and
(2) The storage or display of motor vehicles within, upon, or in a
manner which overhangs any portion of the required
landscaping strip shall be prohibited.
* * *
Sec. 36.2-423. Outdoor storage.
Where permitted by this chapter, outdoor storage shall comply with the
following requirements:
* * *
(d) Outdoor storage areas that are visible from a public street shall be
screened from view by providing a Category "C" buffer as defined in
Section 36.2-647(b).
1
* * *
202
Sec. 36.2-427. Satellite dish antennas.
* * *
(d) Screening. Without restricting its operation, a satellite dish antenna
located on the ground or on the top of a building shall be screened from
view from public streets.
* * *
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 permitted as
temporary uses as set forth in Table 429-1, subject to the following
additional standards:
* * *
(3)
In addition to the general standards set forth in subsection
(1) above, portable storage containers in the CN, CG, CLS,
1-1, 1-2, D, IN, ROS, AD, INPUD, and IPUD Districts shall be
subject to the following regulations:
* * *
(8) No portable storage container shall be located closer
to a public street than the principal building;
* * *
Sec. 36.2-430. Towing services.
Towing services permitted by this chapter shall be subject to the following
standards:
* * *
1
1
(c) The storage area for any damaged or inoperative motor vehicles or
trailers shall be screened from view from adjacent properties and public
streets by providing a Category "E," Option 1, buffer yard, as defined in 1
Section 36.2-647(b), along the perimeter of the storage area.
* * *
203
I
Sec. 36.2-620. Purpose.
The purpose of this Division is to promote the general welfare by
controlling light trespass and to protect the public safety through the
prevention of glare by regulating the size, height, and placement of
outdoor lighting in a manner that:
* * *
(c) Minimizes glare and obtrusive light on public streets and adjacent
properties by limiting outdoor lighting that is misdirected; and
(d) Protects residential neighborhoods by limiting light trespass.
* * *
Sec. 36.2-642. General landscaping and screening standards.
* * *
1
(e) Installation. The installation of required tree canopies, landscaping,
buffering, and screening shall meet the following requirements:
* * *
(3) No permanent temporary Certificate of Occupancy shall be
issued until either the required landscaping is completed in
accordance with an approved development plan or t~e
property owner or developer provides a guarantee in a form
acceptable to the City Attorney that ensures installation.
(A) A guarantee for required landscaping shall be an
amount equal to one hundred ten (110) percent of the
cost of the plants, related materials, and installation.
(B) All required landscaping shall be installed, inspected,
and approved within six (6) three (3) months of
acceptance of the guarantee.
1
204
(C) During any water emergency declared by the
governing body in which the use of water is restricted,
the Zoning Administrator may permit the delayed
installation of required trees, plants, or screening
materials. In this event, the property owner shall be
required to maintain the guarantee~ After a declaration
of water emergency ends, the property owner shall
install the required plants within cix (6) months thirty
(30) days.
1
(4) No permanent Certificate of Occupancy shall be issued until
the required landscaping is completed in accordance with an
approved development plan.
* * *
Sec. 36.2-647. Buffer yards.
* * *1
(c) Where buffer yards are required. Buffer yards shall be applied
along side and rear lot lines as set forth in Table 647-2. For purposes of 1
this subsection, abutting lots shall not include lots separated by a public
street, stream, or railroad track. Lots that would abut if not for their
separation by an alley shall be considered abutting lots for purposes of
this subsection and shall be subject to the requirements for buffer yards.
* * *
Sec. 36.2-648. Parking area landscaping.
(a) Applicability. The landscaping requirements of this section shall
apply to the development of seven (7) or more off-street parking spaces.
(b) Parking area landscaping standards. Parking areas shall be
subject to the following landscaping standards:
* * *
1
1
1
(6)
205
(5)
Landscaping strips along the perimeters of all parking areas
that front on a 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.
(A) Small deciduous trees, as permitted in Table 642-1,
spaced at a minimum rate of one (1) such tree for
each thirty (30)' feet of frontage, exclusive of
driveways, or large deciduous trees, as permitted in
Table 642-1, spaced at a minimum rate of one (1)
such tree for each forty (40) feet of frontage, exclusive
bf driveways; and
(B) Evergreen or deciduous shrubs spaced no farther
apart than ata rate of three (3) feet on center.
With the development of seven (7) to twenty (20) parking
spaces, trees shall be provided along the perimeter or within
the interior of parking areas at a rate that represents a
twenty (20) year tree canopy of ten (10) percent of the total
square footage of the parking area, excluding driveways or
aisles that do not directly access parallel, perpendicular, or
angled parking spaces.
(A) Trees planted to satisfy the requirement along the
perimeter of a parking area that fronts on a public
street, as set forth in Section 36.2-648(b)(5), shall be
credited toward the ten (10) percent tree canopy
requirement.
* * *
(7) With the development of twenty-one (21) or more parking
spaces, trees shall be provided at a rate that represents a
twenty (20) year tree canopy of twenty (20) percent of the
total square footage of the parking area, excluding driveways
or aisles that do not directly access parallel, perpendicular,
or angled parking spaces. No more than fifty (50) percent of
the trees planted to meet this requirement shall be the same
species.
1
206
(A) Trees planted to satisfy the requirement along the
perimeter of a parking area that fronts on a public
street, as set forth in Section 36.2-648(b)(5), shall be
credited toward the twenty (20) percent tree canopy
requirement.
1
* * *
Sec. 36.2-649. Screening of specific uses and facilities.
In addition to the other requirements of this chapter, the following facilities
and functions of uses shall be screened as follows:
(a) Dumpsters and refuse containers: Refuse dumpsters and other
similar refuse containers shall be screened with an enclosure, pursuant to
the screening regulations of Section 36.2-642(c), at a minimum height of
one (1) foot above the height of the dumpster or other similar receptacle.
For the purposes of satisfying the requirement of this section, slats
inserted in a chain link fence shall not constitute a visually opaque screen
and shall not be an acceptable screening material for an enclosure for a
refuse dumpster and other refuse containers.
(b) Mechanical equipment on the ground: Except for single-family 1
detached dwellings and two-family dwellings, mechanical equipment
located on the ground shall be screened or landscaped from view from
abutting public streets and from adjoining properties in accordance with
one of the following:
(1) Screened pursuant to the screening regulations of Section
36.2-642(c); or
(2) Landscaped with evergreen shrubs planted at a rate of three
(3) feet on center or less.
(c) Mechanical equipment on roof: In any zoning district, except 1-1,
1-2, or IPUD, all mechanical equipment located on the roof of a building
shall be screened from view to the extent that no more than one-half (1/2)
the vertical height of such equipment may be visible from any adjacent
public street or from the same ground elevation of an existing building on
an adjacent lot.
* * *
1
207
1
Sec. 36.2-650. Purpose.
The purpose of this Division is to set forth off-street parking and loading
requirements for permitted and special exception land uses, in accordance with
the intensity of such uses, in a manner that:
***
(b) Minimizes impact of driveways on the public street system;
***
Sec. 36.2-652. Minimum off-street parking.
***
(d) Reduction for on-street parking. The total number of required off-
street parking spaces as set forth in Table 652-2 may be reduced by one
(1) space for every twenty (20) feet of lot frontage on a public street to the
extent that on-street parking is permitted along the same frontage.
* * *
1
Sec. 36.2-654. Off-street parking area standards.
(a) General standards. Off-street parking areas shall be subject to the
following general requirements:
* * *
(4) Off-street areas shall be so designed as not to require or permit
maneuvering to and from a ~ street to access or exit an off-
street parking space, except for single-family detached, single-
family attached, and two-family dwellings, where maneuvering
to and from a pI::ISHe street shall be permitted.
* * *
(d) Location standards. Off-street parking areas, and fleet or motor
vehicle storage yards, shall be subject to the following location standards:
(1 )
Except for lots containing single-family detached dwellings,
and except as otherwise provided in Section 36.2-654(a)(5),
off-street parking areas shall meet the following
requirements for minimum distances from property lines:
1
* * *
208
(B) No off-street parking area shall be located closer than
eight (8) feet to any property line which abuts a public
street.
(2) Except for lots containing single-family detached dwellings,
and existing lots of record in the CG District with less than
one hundred (100) feet of frontage, no off-street parking
spaces shall be permitted between the right-of-way of a
publio street and the principal buildings in the RM-1, RM-2,
RMF, CN, CG, MX, IN, or D District. In the case of corner
lots or through lots, this regulation shall apply to only one
(1 A) street frontage.
* * *
(f) Driveway standards.
(1 )
Driveways and off-street parking spaces for single-family
detached dwellings, regardless of zoning district, shall be
subject to the following location and dimensional
requirements, with such requirements applying to the portion
of the driveway and off-street parking spaces located
between the right of way lot frontage and the building line.
* * *
(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 lot frontage
and the building line.
(A) No driveway entrance or exit shall intersect with a
public street at a location closer than forty (40) feet to
any street intersection;
* * *
Table 654-1. Off-Street Parking Dimensions
(Minimum Values in Feet)
1
1
1
1
F
D
Off-Street Parking Dimensions
00 8'6" 8.5 12.0 23.0 29.0
9'0" 9.0 12.0 23.0 30.0
9'6" 9.5 12.0 23.0 31.0
1 10'0" 10.0 12.0 23.0 32.0
200 8'6" 14.5 11.0 24.9 40.0 32.0
9'0" 15.0 11.0 26.3 41.0 32.5
9'6" 15.5 11.0 27.8 42.0 33.1
10'0" 15.9 11.0 29.2 42.8 33.4
300 8'6" 16.9 11.0 17.0 44.8 37.4
9'0" 17.3 11.0 18.0 45.6 37.8
9'6" 17.8 11.0 19.0 46.6 38.4
10'0" 18.2 11.0 20.0 47.4 38.7
450 8'6" 19.4 13.5 12.0 52.3 46.5
9'0" 19.8 13.0 12.7 52.5 46.5
9'6" 20.1 13.0 13.4 53.3 46.5
10'0" 20.5 13.0 14.1 54.0 46.9
600 8'6" 20.7 18.5 9.8 59.9 55.6
9'0" 21.0 18.0 10.4 60.0 55.5
9'6" 21.2 18.0 11.0 60.4 55.6
10'0" 21.5 18.0 11.5 61.0 56.0
1 800 8'6" 20.2 24.0 8.6 64.4 62.9
9'0" 20.3 24.0 9.1 64.3 62.7
209
/
210
9'6" 20.4 24.0 9.6 64.4 62.7
10'0" 20.5 24.0 10.2 65.0 63.3
900 8'6" 19.0 25.0 8.5 63.0 -
9'0" +B-:Q 24.0 9.0 eM 60.0 -
9'6" 18.0 24.0 9.5 eM 60.0 -
10'0" +B-:Q 24.0 10.0 eM 60.0 -
18.0
+B-:Q
18.0
Key for Table 654-1 :
A - Parking Angle
B - Stall Width
C - Stall to Curb
D - Aisle Width
E - Curb Length Per Car
F-G - Total Width of a Double-loaded Aisle
* * *
Sec. 36.2-655. Off-street loading.
* * *
(c)
Location.
* * *
(2) Off-street loading spaces shall be provided to accommodate
delivery or shipment operations and refuse collection in a
safe and convenient manner, with appropriate means of
vehicular access to a street or alley in a manner that will
least interfere with traffic movement, separated from
customer and employee parking and located so as not to
require or permit maneuvering, loading, or unloading in or
projecting into a public street, sidewalk, or alley.
* * *
1
I
1
211
1
Sec. 36.2-668. Types and number of on-premises signs.
In addition to the other applioable mgulations set forth in this Di'Jision, on
pmmise eigns shall meet the dimensional, height, and setbaok mgulations as set
forth in Table 669 1. The types and number of on-premises signs by zoning district
shall be permitted as set forth in Table 668-1.
* * *
Sec. 36.2-840. Zoning administrator. Generally; Establishment.
1
This chapter shall be administered and enforced by a Zoning
Administrator or designee authorized to act on the Zoning Administrator's behalf.
Such Zoning Administrator shall be appointed by the City Manager. The Zoning
Administrator may render interpretations of the provisions of this ohapter,
including use interpretations. The Zoning P,dministrator shall have all neoessary
authority to administer and enforce this chapter, including ordering in writing the
remedying of any oondition found in violation of this ohapter. The Zoning
Administrator may report any nonoomplianoe with this ohapter to the City
Attorney, or the Commonwealth Attorney as appropriate, with the request for
appropriate aotion at law to ensure or obtain oomplianoe 'Nith this ohapter.
Sec. 36.2-841. Powers and duties.
(a) Interpretations. The Zoning Administrator may render
interpretations of the provisions of this chapter, including use
interpretations.
(b) Administration and enforcement. The Zoning Administrator shall
have all necessary authority to administer and enforce this chapter,
including ordering in writing the remedying of any condition found in
violation of this chapter. The Zoning Administrator may report any
noncompliance with this chapter to the City Attorney, or the
Commonwealth Attorney as appropriate, with the request for appropriate
action at law to ensure or obtain compliance with this chapter.
(c) Modifications. The Zoning Administrator shall have the authority to
grant a modification from any provision of this chapter with respect to
physical requirements on a lot, including but not limited to size, height,
location, or features of or related to any building, structure, or
improvements, pursuant to the procedures and standards set forth below.
1
212
(1) Prior to the granting of a modification, the Zoning. 1
Administrator shall give, or require the applicant to give, all
adjoining property owners written notice of the request for
modification, and an opportunity to respond to the request
within 21 days of the date of the notice.
(2) The Zoning Administrator shall make a decision on an
application for modification and issue a written decision
within forty-five (45) days of the request for modification, with
a copy provided to the applicant and any adjoining property
owner who responded in writing to the notice sent pursuant
to subsection (1) above.
. (3) The Zoning Administrator shall authorize a modification only
if the Zoning Administrator finds in writing all three (3) of the
following:
(A) That the strict application of this chapter would produce
undue hardship relating to the property;
(B) That such hardship is not shared generally by other
properties in the same zoning district and the same 1
vicinity; and
(C) That the authorization of such modification will not be of
substantial detriment to adjacent property and that the
character of the zoning district will not be changed by the
granting of the modification.
(d) Any decision of the Zoning Administrator shall constitute a decision
within the purview of Sec. 36.2-562, and may be appealed to the Board of
Zoning Appeals as provided by that section. Decisions of the Board of
Zoning Appeals may be appealed to the Circuit Court as provided by Sec.
36.2-563.
2. Appendix A, Definitions, of Chapter 36.2, Zonina, of the Code of the City
of Roanoke (1979), as amended, is hereby amended and reordained by revising the
definitions of "Lot frontage" and "Recycling collection point" to read and provide as
follows:
* * *
1
1
1
1
213
Lot frontage: The horizontal linear dimension between the side lot
lines measured from the points where the side lot lines intersect a public
street right-of-way or a private stroet in an approved Planned Unit
Development Distriot. All sides of a lot that abut such streets shall be
considered frontage.
* * *
Recycling collection point: An accessory use, structure, or movable
container, that serves as a drop-off point for the temporary holding of
recyclable materials, such as paper, cardboard, glass, metal, or plastic, or
donated goods, such as clothing, furnishings, or other personal or
household items, prior to delivery to a broker or user of such materials.
Such use, structure, or movable container, is intended for household or
consumer use and does not include use by commercial or industrial
establishments or the permanent storage or processing of such items.
* * *
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.~{)1N0
Stephanie M. Moon, CMC
City Clerk
S)~-~--
David . owers
Mayor
214
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
1
The 20th day of April, 2009.
No. 38424-042009.
AN ORDINANCE amending and reordaining Section 36.2-201, Establishment of
districts; Section 36.2-205, Dimensional reaulations; adding a new Section 36.2-329,
Urban Flex District (UF);and amending and reordaining Table 340-1 of Section 36.2-
340, Use matrix; Section 36.2-408, Dav care centers, child; Section 36.2-410, Fences,
walls, arbors. and trellises; Section 36.2-423, Outdoor storaqe; Section 36.2-426,
Parkina structures; Section 36.2-429, Temporary uses; Table 429.1, Temporary Uses;
Table 647-2, Reauired buffer vards, of Section 36.2-647, Buffer yards; Section 36.2-652,
Minimum off-street parkina; Section 36.2-653, Maximum off-street parkinq; Section
36.2-654, Off-street parkina area standards; Table 654-2, Drivewav widths. except for
lots containina sinale-familv detached dwellinqs, of Section 36.2-654, Off-street parkinq
area standards; Section 36.2-655, Off-street loadina; Section 36.2-661, Applicabilitv;
Section 36.2-668, Tvpes and number of on-premises signs, and Table 668-1, Tvpes
and numbers of on-premises siqns permitted bv zonina districts, of Section 36.2-668,
Tvpes and number of on-premises sians; Table 669-1, On-premises signs: dimensional.
heiaht. and setback reaulations. of Section 36.2-669, Dimensional standards for on-
premises signs; and Table 673-1, Temporary sians: Maximum sauare footaae of siqn 1
area, of Section 36.2-673, Temporary on-premises sians, of Chapter 36.2, Zonina, of
the Code of the City of Roanoke (1979), as amended, for the purpose of creating and
providing for a new base zoning district, UF, Urban Flex District, and establishing
certain regulations in such UF District; and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as
amended, is hereby amended and reordained, to read and provide as follows:
Sec. 36.2-201. Establishment of districts.
* * *
(a) Base districts.
* * *
1
215
1
(4) Special purpose zoning districts:
Downtown District (D)
Mixed Use District (MX)
Institutional District (IN)
Recreation and Open Space District (ROS)
Airport Development District (AD)
Mixed use Planned Unit Development District (MXPUD)
Institutional Planned Unit Development District (INPUD)
Industrial Planned Unit Development District (IPUD)
Urban Flex District (UF)
* * *
Sec. 36.2-205.. Dimensional regulations.
* * *
(i) Yards - Corner lots.
* * *
1
(6) In the case of any corner lot, where maximum front yards are
established by this chapter, such maximum front yard
requirements shall apply to-only one (1) of the front yards, except
in the Urban Flex District (UF), where the maximum front yard
requirements shall apply to at least two (2) front yards.
* * *
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.
1
216
Table 340-1. Use Matrix
Key: "P" means permitted as a matter of right as a principal use. "S" means ~
permitted by special exception as a principal use. A blank cell means
prohibited. Under "Accessory Uses", "A" means permitted as an accessory it
c::
use; "S" means permitted by special exception as an accessory use; and a *1 cu
-e
blank cell means prohibited. ::::::>
lL.
, ::::::>
Uses
Accessory Uses
Accessory uses, not otherwise listed in this table, subject to Sec. 36.2-403 * A
Accessory apartment, subject to Sec. 36.2-402 *
Home occupation, excluding personal service, subject to Sec. 36.2-413 * A
Home occupation, Personal Service, subject to Sec.36.2-413 * A
Outdoor display area, subject to Sec. 36.2-422 * A
Outdoor recreation facility lighting or sports stadium lighting, subject to Sec. *
36.2-403
Outdoor storage, subject to Sec. 36.2-423 * S
Portable storage container, subject to Sec. 36.2-403 *
Recycling collection point, subject to Sec. 36.2-403 *
Resident manager apartment, subject to Sec. 36.2-403 * A
Stable, private, subject to Sec. 36.2-403 *
Residential Uses
Dwelling, Single-family attached *
Dwelling, Sinqle-family detached *
Dwelling, Two-family *
Dwelling, Multifamily * p
Dwelling, Townhouse or Rowhouse, subject to Sec. 36.2-431 * P
Dwellina, Manufactured Home *
Dwellinq, Mobile Home, subiect to Sec. 36.2-417 *
Accommodations and Group Living
Bed and breakfast, subject to Sec. 36.2-405 *
Boarding house *
Dormitory *
Group care facility, Congregate home, Elderly, subject to Sec. 36.2-412 *
Group care facility, Congregate home, not otherwise listed in this table, *
subiect to Sec. 36.2-412
Group care facility, Grouo care home, subject to Sec. 36.2-412 *
Group care facility, Halfway house, subject to Sec. 36.2-412 *
Grouo care facility, Nursinq home, subiect to Sec. 36.2-412 *
Group care facilitv, Transitionallivinq facility, subiect to Sec. 36.2-412 *
Group care facility, subiect to Virginia Code 15.2-2291 *
Hotel or motel * p
1
1
1
1
1
1
217
Commercial Uses: Office and Related Uses
Blood bank or plasma center *
Business service establishment, not otherwise listed in this table * P
Employment or temporary labor service *
Financial institution * p
Laboratorv, dental, medical, or optical * P
Laboratory, testing and research * P
Medical clinic * p
Office, general or professional * P
Office, general or professional, Larqe scale * P
Outpatient mental health and substance abuse clinic *
Commercial Uses: Miscellaneous
Animal hospital or veterinary clinic, no outdoor pens or "runs" * P
Animal hospital or veterinary clinic, with outdoor pens or "runs" *
Caterer, commercial * P
Community market * P
Drive-through facility, subject to Section 36.2-409 *
Drive-through kiosk, subject to Sec. 36.2-409 *
Flea market, indoor * p
Flea market, outdoor *
Funeral home *
Kennel, no outdoor pens or "runs" * P
Kennel, with outdoor pens or "runs" *
Live-work units, subject to Sec. 36.2-416 * P
Mixed use building, subject to Sec. 36.2-416 * P
Outdoor advertising sign, subject to Sec. 36.2-675 *
Pet crematorium *
Studio/multimedia production facility * P
Commercial Uses: Retail Sales and Services
. Bakerv, confectionary, or similar food production, retail * P
Body piercinq establishment * P
Building supplies and materials, Retail * P
Car wash, not abutting a residential district, subiect to Sec. 36.2-406 *
Car wash, abutting a residential district, subiect to Sec. 36.2-406 *
Commercial motor vehicle rental establishment *
Commercial motor vehicle sales and service establishment, New, subject to *
Sec. 36.2-407
Commercial motor vehicle sales and service establishment, Used, subject to *
Section 36.2-407
Contractor or tradesman's shop, General or Special Trade * P
Dry Cleaning and laundry pick-up station * p
Dry cleaning plant or commerciallaundrv *
Gasoline station, subject to Sec. 36.2-411 *
General service establishment, not otherwise listed in this table * P
Janitorial services establishment * p
218
Laundromat ...
Lumber yard
Manufactured or mobile home sales
Motor vehicle rental establishment, without inventory on-site
Motor vehicle rental establishment, with inventory on-site
Motor vehicle repair or service establishment, subiect to Sec. 36.2'"419
Motor vehicle sales and service establishment, New, subject to Sec. 36.2-
420
Motor vehicle sales and service establishment, Used, subject to Sec. 36.2-
421
Nurserv or Qreenhouse, commercial
Personal service establishment, not otherwise listed in this table
Pet QroominQ
Recreational vehicle or boat sales
Retail sales establishment, not otherwise listed in this table
StoraQe buildinQ sales
Tattoo parlor
Industrial
Asphalt or concrete plant
Bakerv, confectionarv, or similar food production, Wholesale
Biosolids field
BuildinQ supplies and materials, Wholesale
Commercial printinQ establishment
CompostinQ facilitv
Contractor's shop, Heavv Construction
Dairy products, processinQ, bottling, and wholesale distribution
Electrical component assemblv, wholesale distribution
Fuel oil distribution
FuelinQ station, commercial or wholesale
Junk yard, subiect to Sec. 36.2-414
Manufacturing: Beverage or food processing, excluding poultry and animal
slaughtering and dressina
Manufacturing: Chemical, refining or processing, including the manufacture,
refining or processing of ammonia, bleach, bluing, calcimine, chlorine,
corrosive acid or alkali, dyes, fats, fertilizer, gutta percha, gypsum,
lampblack, oils, oxygen, paints, plaster of Paris, potash, rubber, shellac, tar,
turpentine, vineQar, yeast
Manufacturing: Chemical, refining or processing, not otherwise listed in this
table
ManufacturinQ: General, not otherwise listed in this table
ManufacturinQ: Steel or metal production, fabrication, or processina
ManufacturinQ: Wood products
Meat packing and poultry processing
Milling or feed and flour mills
Motor vehicle or trailer paintina and body repair, subject to Sec. 36.2-418
*
p
*
1
*
*
*
*
s
*
*
*
s
p
p
*
*
*
*
p
*
*
p
*
*
p
*
*
*
p
1
*
*
*
*
p
*
*
*
*
p
*
*
*
s
s
*
*
*
*
1
*
1
1
1
219
Quarry *
RecyclinQ center, subiect to Sec. 36.2-414 *
Tire recappinQ *
Towing service, subiect to sec. 36.2-430 *
WeldinQ or machine shop *
Wrecker yard, subiect to Sec. 36.2-414 *
Warehouse and Storaae
Distribution center, not otherwise listed in this table *
Mini-warehouse, subiect to Sec. 36.2-415 *
StoraQe of commercial motor vehicles *
Storage of commercial motor vehicles for rental (no on-site rental or leasing *
facility)
Tank farm, petroleum bulk station and terminal, or other above ground *
storaqe of flammable liquids
Warehouse *
Assembly and Entertainment
Adult uses, subiect to Sec. 36.2-404 *
Amphitheater *
Amusement, commercial, indoor * p
Amusement, commercial, outdoor *
Botanical qarden or arboretum * p
Club, lodqe, civic, or social oroanization * S
Community center *
EatinQ establishment * p
EatinQ and drinkinQ establishment, not abuttinQ a residential district * P
EatinQ and drinkinQ establishment, abuttinq a residential district * S
Entertainment establishment, abuttinq a residential district * S
Entertainment establishment, no abuttinq a residential district * P
Exhibition, convention, or conference center *
Gaminq establishment *
Go-cart track *
Golf course *
Health and fitness center * p
Meetinq hall * p
Paint ball facility, outdoor *
Park or playground * p
Place of worship *
Recreation, indoor * p
Recreation, outdoor * p
Sports stadium, arena, or coliseum *
Theater, movie or performina arts * p
Zoo *
Public, Institutional or Community Facilities
Aquarium or planetarium *
Artist studio * P
220
Cemetery *
Communitv food operation *
Community oarden * p
Day care center, Adult * p
Day care center, Child, subject to Sec. 36.2-408 * P
Day care home, Child * P
Educational facilities, Business school or nonindustrial trade * P
Educational facilities, Colleoe/university.... * p
Educational facilities, Elementary/middle/secondary * p
Educational facilities, Industrial trade school * p
Educational facilities, School for the arts * p
Fire, police, or emeroency services * p
Government offices or other government facility, not otherwise listed in this *
table p
Hospital *
Library * p
Military reserve or National Guard center *
Museum * p
Post office * p
Supply pantry *
Trainino facilitv for police, fire, or emeraencv services *
Transportation Uses and Structures
Airport or airoort-related commercial and oersonal service uses *
Bus maintenance, includino repair and storaoe *
Bus passenoer terminal or station *
Limousine service *
Motor freioht terminal or truck terminal *
Parkino lot facility *
Parkino structure facility, subject to Sec. 36.2-426 * S
Railroad freiaht yard, reoair shoo, and marshallina yard *
Railroad oassenaer terminal or station *
Taxicab business *
Utility Uses and Structures
Broadcastina studio or station * p
Broadcastina tower, subject to Sec. 36.2-432 * S
Hazardous materials facility *
Utility distribution or collection, Basic * p
Utilities distribution or collection, Transitional * S
Utility oeneration and treatment *
Utility maintenance and service facility *
Wireless telecommunications facility, subiect to Sec. 36.2-432 * S
Wireless telecommunications facility, Stealth, subject to Sec. 36.2-432 * P
1
1
1
1
1
1
221
Agriculture
AQricultural operations *
Animal shelter *
Stable, commercial, subiect to Sec. 36~2-428 *
Wildlife rescue shelter or refuQe area *
1 All asterisks represent a note to the printer that uses currently allowed in districts
other than the UF District are not to be deleted from this Table.
* * *
Sec. 36.2-408. Day care centers, child.
* * *
(b) General Standards.
* * *
(2) Outdoor play area: All child day care centers permitted by this
chapter, except such enters in the CN, CG, aA9 D, and UF
Districts, shall provide outdoor play areas for children to be
accommodated at such day care centers in accordance with the
following standards:
* * *
Sec. 36.2-410. Fences, walls, arbors, and trellises.
* * *
(b) Fence and wall standards.
* * *
(3) The maximum height for fences and walls shall be based on
the following schedule:
222
Zoninq District
RA, R-12, R-7, R-5, R-3,
RM-1, RM-2, RMF, IN, MX,
MXPUD
Location on Lot
On a lot with only one (1)
lot frontage: between the
building line and the lot
frontage; or
On a lot with more than one
(1) lot frontage: between
the building line on which
the principal entrance to the
building is situated and the
lot frontaQe which is faces
On a lot with more than one
(1) lot frontage: between
any building line on which
the principal entrance to the
building is not situated and
the lot frontage which that
building line faces
Any required side or rear
yard
D, ROS, CN, CG, CLS, Any required yard
INPUD, UF
1-1, 1-2, IPUD, AD Any required yard
* * *
Sec. 36.2-423. Outdoor storage.
* * *
Maximum Height of Fence
or Wall
3 feet
6 feet
6 feet, except where one
(1) of these districts abuts a
D, ROS, CN, CG, CLS, 1-1,
1-2, IPUD, INPUD, or AD
District, maximum height
shall be that of the abutting
district along that abutting
property line
8 feet
1 0 feet
1
1
1
223
1
(e) Outdoor storage areas abutting zoning district boundaries as
identified below shall provide the type of buffer as set forth below and as
defined in Section 36.2-647(b).
Abuttin Zonin District
RA, R-12, R-7, R-5, R-3, RM-1,
RM-2, RMF, MXPUD
CN, CG, CLS, D, MX, IN, ROS,
INPUD, IPUD, UF
1-1, 1-2
Buffer Yard Category
Re uired
D
C
Not re uired
* * *
Sec. 36.2-426. Parking structures.
* * *
1
(b) Standards. All parking structures in tho Downtown District (D) with
frontages exceeding one hundred fifty (150) feet in length shall incorporate
vertical or horizontal variation in setback, material, or fenestration along
the length of the applicable facade, in at least one (1) of the following
ways:
(1) Vertical facades shall incorporate intervals of architectural
variation at least every sixty (60) feet over the length of the
applicable facade, utilizing one (1) or more of the following
methods: varying the arrangement, proportioning, or design of
garage floor openings; incorporating changes in architectural
materials, including texture and color; or projecting or recessing
portions or elements of the parking structure facade.
(2) Horizontal facades shall be designed to differentiate the
ground floor from upper floors, utilizing one (1) or more of the
following methods: stepping back the upper floors from the ground
floor parking structure facade; changing materials between the
parking structure base and upper floors; or including a continuous
cornice line or pedestrian weather protection element between the
ground floor and the upper floors.
Sec. 36.2-429. Temporary uses.
1
(a) Applicability. Authorized temporary uses, including permitted
locations, duration, and maximum number per calendar year, and
whether or not a zoning permit is required, shall be as set forth in
Table 429-1 :
224
Table 429-1. Temporary Uses
Zoning Maximum
Districts Number per Zoning
Where Maximum Calendar Year Permit
Activity Permitted Duration for Lot Required? .
Auction Any district 3 calendar days 1 No
Christmas tree sales RA, CN, CG, 60 calendar 1 Yes
CLS, 1-1, 1-2, days
UF
Construction related Any district For duration of Not applicable Yes
activities or model construction
home office, subject activity
to subsection (b),
below
Fireworks stand, CG,CLS,UF 30 calendar 1 Yes
subject to Section days
21-207 of this Code
Outdoor retail sales, CG,CLS,UF 1 0 calendar 4 Yes
subject to days
subsection (c),
below
Portable storage Any district RA-R-12, R-7, See maximum Yes
containers, subject R-5, R-3, RM-1, duration
to subsection (d), RM-2, RMS,
below MX, MXPUD:
21 consecutive
calendar days,
limited to one
(1) permit per
any 6-month
period per lot;
CN, CG, CLS, 1-
1, 1-2, D, IN,
ROS, AD,
INPUD, IPUD,
UF:4
consecutive
months, limited
to one (1)
permit per
calendar year
per lot
1
1
1
1
1
1
225
Produce stand (not RA, CN, CG, 90 calendar Not applicable Yes
applicable to CLS, 1-1, 1-2, days, limited to
comr]1unity markets) UF one (1) permit
per any 90-
calendar day
period per lot
Public events, CN, CG, CLS, 14 calendar Not applicable Yes
subject to D, IN, ROS, 1- days
subsection (e), 1, 1-2, IPUD,
below INPUD, UF
Yard or Garage Any residential 2 consecutive 2 with an No
Sales, subject to district or calendar days interval of at
subsection (f), below dwelling unit limited to the least 3 months
daylight hours between sales
* * *
(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(d) or for those
portable storage containers which are permitted as accessory uses as set
forth in the Use Matrix. Portable storage containers shall be permitted as
temporary uses as set forth in Table 429-1, subject the following additional
standards:
* * *
(3) In addition to the general standards set forth in subsection
(1) above, portable storage containers in the CN, CG, CLS, 1-1, 1-2,
D, IN, ROS, AD, INPUD, aR€I--IPUD, and UF Districts shall be
subject to the following regulations:
* * *
Sec. 36.2-647. Buffer yards.
* * *
(c) Where buffer yards are required. Buffer yards shall be applied along
side and rear lot lines as set forth in Table 647-2. For purposes of this
subsection, abutting lots shall not include lots separated by a street,
stream, or railroad track. Lots that would abut if not for their separation by
an alley shall be considered abutting lots for purposes of this subsection
and shall be subject to the requirements for buffer yards.
226
Table 647-2. Required Buffer Yards
Zoning District of the Zoning Lot(s) on Zonin~1 Districts of Abuttin!: Lot(s)
Which Development is Proposed lL.
::::>
- 0
T"" ::>
I
~ a..
cr: x
~
('I) 6
I
cr: ::>
L!) a..
I z
cr: -
I"'- Z
I -
cr: LL 0
~ X
C\J ~ ::>
T"" cr: a..
I
cr:CJ) 0 - C\J
C\J I
I CJ)
<Co ~ z ~ - 0
.....J T""
cr:cr: cr: 0 0 0 I <t:
1) RA, R-12, R-7, R-5, R-3, RM-1, ROS - - - - - - -
2) RM-2, RMF - - B C C D -
(3 \ CN, D, MX, IN, UF C B - - - - -
4 CG D C A - - - -
5 CLS D C B - - - -
6 1-1 D D C B B - -
7 1-2 E E C C C - -
8 AD - - - - - - -
(9 MXPUD, INPUD, IPUD To be determined bv approval of PUD -
* * *
Sec. 36.2-652. Minimum off-street parking.
(a) Applicability.
(1) The required minimum number of off-street parking- spaces
shall be provided as set forth in Table 652-2, provided the
minimum parking space requirements of Table 652-2 shall
not apply to the Downtown District (D), 9f the Commercial-
Neighborhood District (CN), or the Urban Flex District (UF).
* * *
1
1
1
227
I
Sec. 36.2-653. Maximum off-street parking.
(a) The following maximum off-street parking provisions shall apply in all
zoning districts. and to all uses, except where maximum parking is
delineated as not applicable in Table 652-2, or as established in Section
36.2-653(c). Although the minimum parking requirements shall not apply
to the Downtown .District (D), 9f the Commercial-Neighborhood District
(CN), or the Urban Flex District (UF), the maximum off-street parking
provisions shall apply. For uses subject to maximum parking standards,
the provision of off-street parking spaces shall not exceed the following
amounts:
(1) If the total number of minimum required off-street parking
spaces is fifty (50) or less, as set forth in Table 652-2, the
maximum number of off-street parking spaces permitted shall not
exceed one hundred fifty (150) percent of the minimum number of
spaces required; or
1
(2) If the total number of minimum required off-street parking
spaces is fifty-one (51) or more, as set forth in Table 652-2, the
maximum number of off-street parking spaces permitted shall not
exceed one hundred forty (140) percent of the minimum number of
spaces required.
* * *
Sec. 36.2-654. Off-street parking area standards.
* * *
(d) Location standards. Off-street parking areas, and fleet or motor
vehicle storage yards, shall be subject to the following location standards:
* * *
(4) In the Urban Flex District (UF), off-street parking, if provided,
shall be located beyond the building line. In the case of a comer lot
with more th~n two (2) street frontages, this regulation shall apply
only to two building lines. Where an alley provides access to any
property in the UF District, off-street parking shall be accessed from
the alley. In the case of a comer lot, off-street parking shall be
accessed from the frontage not containing the primary building
fa9ade.
1
* * *
228
(f) Driveway standards.
* * *
(2) Driveways, ,except for si~gle-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 lot frontage and the building line:
* * *
(C) Driveways shall meet the width requirements of Table
654-2.
Table 654-2. Driveway Widths,
Except for Lots Containing
Single-Family Detached Dwellings1
1-wav 2-wav
Minimum Maximum Minimum Maximum
Width Width Width Width
Zoning Districts (feet) (feet) (feet) (feet)2
RM-1 10 12 -- --
RM-2, RMF 12 15 18 24
CN, MX, IN 12 15 18 24
CG,CLS,D,UF 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
* * *
Sec. 36.2-655. Off-street loading.
(a) Generally. Except for single-family and two-family dwellings, whenever
the normal operation of any use requires that goods, merchandise,
equipment, or refuse shall be routinely delivered to or shipped from the
site, the following regulations shall apply.
* * *
1
1
1
229
I
(3) The minimum number of off-street loading spaces provided
shall be as set forth in Table 655-1, except that the minimum
loading space requirements of Table 655-1 shall not apply to the
Downtown District, or the Commercial-Neighborhood District (CN),
or the Urban Flex District (UF).
* * *
Sec. 36.2-661. Applicability.
* * *
1
(c) Exemptions. The provisions of this Division, including the
requirements for a zoning permit, shall not apply to the following signs,
provided that no such sign shall be placed within the public right-of-way or
any closer than two (2) feet from a street right-of-way or any closer than
five (5) feet from any side or rear property line, and provided further that if
such sign is to be placed on a corner lot, it shall be located outside of any
sight distance triangle. Exempted signs shall not be included in the
maximum permissible number of signs or maximum permissible sign area.
Any exempted sign that is to be located in the Historic Downtown Overlay
District (H-1) or the Historic Neighborhood Overlay District (H-2) shall be
subject to the requirements of Section 36.2-530 if applicable.
* * *
(12) Real estate signs which advertise for sale, rent, or lease the
land or building upon which such signs are located, provided such
signs do not exceed one (1) per lotfrontage and do not exceed the
square forages in the following table.
Zoning District in Which Real
Estate Si n is .Located
R-12, R-7, R-5, R-3, RM-1, RM-2
RMF
MX,MXPUD
CN, CG, CLS, 1-1, 1-2, D, IN,
ROS, AD, UF
INPUD, IPUD
Maximum Square
Foota e of Si n Area
6 s uare feet
16 s uare feet
32 s uare feet
60 s uare feet
60 s uare feet
* * *
1
230
(17) Construction signs erected on the wall of a construction trailer
or construction shed or erected on the ground, provided such signs
shall be located only on the property on which construction is
underway or is proposed, shall not be lighted by any means, shall
be removed prior to the issuance of any Certificate of Occupancy,
and shall not exceed the size or quantities as listed in the following
table.
1
Zoning District in Which
Construction Sign is Quantity per
Located Size Develo ment Site
R-12, R-7, R-5, R-3,
RM-1, RM-2 6 sf 1 er lot fronta e
RMF 16 sf 1 er lot fronta e
MX, MXPUD 32 sf 1 er lot fronta e
CN, CG, CLS, 1-1,1-2,
D, IN, ROS, AD, UF 60 sf 1 er lot fronta e
INPUD, IPUD 60 sf 1 er lot fronta e
* * *
Sec. 36.2-668. Types and number of on-premises signs.
1
In addition to the other applioable regulations cet forth in this Di'Jision, on
premise Eigns chall meet the dimenEional, height, and Eetbaok regulations 3E Eet
forth in Table 669 1. The tvpes and numbers of on-premises sians bv zonina
district shall be permitted as set forth in Table 668-1.
Table 668-1. Types and Number of On-Premises Signs Permitted by Zoning
Districts 1
(A)
* (L)
* :::llL..
* Y
* 1
* Y
* Y
* N
* Y
* y
* N 1
* N
1
1
1
231
1 All asterisks represent a note to the printer that the current references to
districts and the signs that are permitted in them are not to be deleted from this
Table.
* * *
Sec. 36.2-669. Dimensional standards for on-premises signs.
In addition to the other applicable regulations set forth in this Division, on-
premises signs shall meet the dimensional, height, and setback regulations as
set forth in Table 669-1.
Table 669-1.
Regulations 1
On-Premises Signs:
Dimensional, Height, and Setback
(A)
*
(L)
(1 )
~
*
*
0.5
3
4
5
6
*
32
6
6
5
2
*
*
*
*
*
1.0
*
32
1 All asterisks represent a note to the printer that current references to districts
and the various restrictions on signs within those districts are not to be deleted
from this Table.
* * *
Sec. 36.2-673. Temporary on-premises signs.
* * *
(f) Except as otherwise provided in this section, temporary signs shall be
permitted in accordance with Table 673-1.
232
Table 673-1. Temporary Signs: Maximum Square Footage of Sign Area
A 1
('I) 0
I ::>
0: (L
It) X
I ~
0:
(f)
I"- 0
I 0:
0: 0
C\I Z ::>
- ,
C\I~ C\I (L
~o: I
X
0: ~ "'0 0
..- LL. c ::>
- ' (f) ctS
<(~ ~ z (!J -J 0 (L
..- Z
0:0: 0: 0 0 0 I 0 <(
of sign area 16 32 32 32 32 32 32 32
* * *
2. Chapter 36.2, ZoninQ, of the Code of the City of Roanoke (1979), as
amended, is hereby amended by adding a new Section 36.2-329, Urban Flex District
(UF), to read and provide as follows:
Sec. 36.2-329. Urban Flex District (UF).
(a) Purpose. The Urban Flex District (UF) is intended to promote high
intensity, mixed use development that is economically viable, pedestrian
oriented, attractive and harmonious, and contributes to the place-making
character of the City. The district is designed to provide new development
and redevelopment opportunities in the form of mixed use structures that
offer a wide range of complementary land uses. This special purpose
district is intended to be applied to under performing urban industrial areas
that have sufficient infrastructure to support mixed use development. The
district provides for a mix of small scale industrial, commercial, institutional,
and residential uses.
(b) Uses. The uses permitted as of right or by special exception in the
UF District shall be as set forth in Section 36.2-340.
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(c) Principal structures per lot. In the UF District, more than one (1)
principal structure may be permitted on a single lot, subject to the yard
and impervious surlace ratio requirements of Table 329-1. When a lot
contains more than one (1) principal structure, the lot frontage and lot area
requirements of Table 329-1 shall apply only to the lot, and not to the
principal structures on the lot.
(d) Dimensional standards. The dimensional standards for lots within
the UF District shall be as set forth in Table 329-1.
(e) Pedestrian access. In the UF District, designated pedestrian
pathways of a minimum unobstructed width. of five (5) feet shall be
provided and clearly defined 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, surlaced 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.
(f) Development standards. In the UF District, in order to provide for
adequate light and air, and to enhance security and safety by permitting
visibility into and out of buildings, a minimum of twenty-five (25) percent of
each floor of the primary building faQade shall be transparent through the
provision of glass. Each floor shall be calculated separately.
Table 329-1, Dimensional Matrix for
Urban Flex District (UF)
Standard UF
Density -
Lot area, minimum (square feet) -
Lot area, maximum (square feet) 87, 120
Lot frontage, minimum (feet) -
Lot frontage, maximum (feet) 200
Front yard, minimum (feet) -
.)
234
Front yard, maximum (feet)1 10
Side yards, minimum combined width (feet) -
Side yard, minimum (feet) ..2
'..
Rear yard, minimum (feet) _3
Height, maximum (feet) 50
Impervious surface ratio, maximum 100%
1 There shall be no maximum front yard requirement in the UF District if the proposed
development provides a civic space, accessible to the general public, between the
building line and the adjacent public right-of-way, ,which civic space meets the
following starydards: .
(a) At least fifty (50) percent of the civic space shall consist of a plaza or
courtyard within which is provided at least one (1) linear foot of seating for
each fifty (50) square feet of plaza or courtyard and at least two (2) of the
following amenities: ornamental fountains, sculptures, trellises, planted
beds, or clock pedestals; and
(b) The balance of civic space shall include one (1) tree per three hundred
fifty (350) square feet, one (1) deciduous or evergreen shrub per five (5)
square feet, and vegetative ground cover.
2 Where a buffer yard is required, as set forth in Section 3~.2-647(c), that is greater than
the required minimum side yard established in Table 329-1, including where no
minimum side yard is required, the required buffer yard shall govern the minimum side
yard requirement.
3 Where a buffer yard is required, as set forth in Section 36.2-647(c), that is greater than
the required minimum rear yard established in Table 329-1, including where no
minimum rear yard is required, the required buffer yard shall govern the minimum rear
yard requirement.
3. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~'n;.JO)w
Stephanie M. Moon, CMC
City Clerk
S)~
~~~~~-~~
Davl A. Bow;rs - --
Mayor
1
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235
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2009.
No. 38425-042009.
AN ORDINANCE amending and reordaining Table 400-1, Required Street
Improvements, of Section 31.1-400, Standards for streets, of Chapter 31.1,
Subdivisions, of the Code of the City of Roanoke (1979), as amended, for the purpose
of including within Chapter 31 .1 , Subdivisions, a reference to a new base zoning district,
UF, Urban Flex District; and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Table 400-1, Required Street Improvements, of Section 31.1-400,
Standards for streets, of Chapter 31 .1, Subdivisions, of the Code of the City of Roanoke
(1979), as amended, is hereby amended and reordained to read and provide as follows:
Sec. 31.1-400. Standards for streets.
* * *
(b) Whenever a subdivision is classified as a major subdivision, the
subdivider shall provide street improvements as set forth in
Table 400-1 below.
Condition/Location Improvements Reauired
Subdivision which requires creation of Street paving
a new street in the following zoning Curb and gutter
districts: RA, R-12, R-7, R-5, R-3, RM- Planted strip
1, RM-2, RMF, and ROS Large deciduous street trees
Subdivision along an existing street, Street lighting (required only when a
within the following zoning districts: R- new street is created)
7, R-5, R-3, RM-1, RM-2, and RMF Sidewalks
236
Subdivision within the
following zoning districts:
CN, CG, CLS, MX, D, 1-1, 1-
2, IN, aM AD, and UFo
Subdivision along existing
street in an RA, R-12 or
ROS district
Subdivision on a private
street in a MXPUD, IPUD,
or INPUD district.
Street paving
Curb and gutter
Large deciduous street trees, except
the subdivisions agent may
approve small deciduous trees in
the CN-aA€i D, and UF district
where the area available is
inadequate for large trees
Planted strip or extended width
sidewalk
Street lighting (required only when a
new street is created)
Sidewalks
Street paving
Curb and gutter
Street trees
Requirements for asphalt street paving,
curb and gutter, planted strips, street
trees, street lighting, and sidewalks
shall be specified on a PUD
development plan approved by city
council.
1
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
1
ATTEST:
~h1.M~
Stephanie M. Moon, CMd
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2009.
No. 38426-042009.
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, 1
2005, as amended, to rezone certain properties within the City, and dispensing with the
second reading of this ordinance by title.
1
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237
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
following properties rezoned:
A. Official Tax Nos. 1320710, 1320715, 1320802, 1321101,1321202 through
1321206, inclusive, 1321209, 1321212, 1321213, and 1321324, located
on Cleveland Avenue, 16th, 1ih and 18th Streets S.W., from 1-2, Heavy
Industrial District, to UF, Urban Flex District, for uses permitted in the UF,
Urban Flex District;
B. Official Tax Nos. 1220423 through 1220429, inclusive, 1220907, 1220908,
1221201, 1221203, 1221207, 1221301, 1320701, 1320702, 1320706,
1320801, 1320803, 1320804, 1320805, 1320909, 1321201, 1321214,
1321215,1321301,1321313,1321314,1321315, 1321317, 1321325,
1321327, located on Midvale Avenue, S. W., and 13th Street, S. W., and
on Cleveland Avenue, S. W., and 15th Street, S. W., from 1-1, Light
Industrial District, to UF, Urban Flex District, for uses permitted in the UF,
Urban Flex District; and
C.
Official Tax Nos. 1320303, 1320309, and 1320410, located on Chapman
and Campbell Avenues, S. W., from RM-1, Residential Mixed Density
District, to UF, Urban Flex District, for uses permitted in the UF, Urban
Flex 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 April 20, 2009, 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 properties, and for those reasons, is of the opinion that the
hereinafter described properties should be rezoned as herein provided.
238
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1
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 the following properties are hereby rezoned:
A. Official Tax Nos. 1320710, 1320715, 1320802, 1321101, 1321202
through 1321206, inclusive, 1321209, 1321212, 1321213, and
1321324, located on Cleveland Avenue, 16th, 1 ih and 18th Streets
S.W., from 1-2, Heavy Industrial District, to UF, Urban Flex District,
for uses permitted in the UF, Urban Flex District;
B.
Official Tax Nos. 1220423, through 1220429, inclusive, 1220907,
1220908, 1221201, 1221203, 1221207, 1221301, 1320701,
1320702, 1320706, 1320801, 1320803, 1320804, 1320805,
1320909, 1321201, 1321214, 1321215, 1321301, 1321313,
1321314, 1321315, 1321317, 1321325, 1321327, located on
Midvale AvenLJe, S. W., and 13th Street, S. W., and on Cleveland
Avenue, S. W., and 15th Street, S. W., from 1-1, Light Industrial
District, to UF, Urban Flex District, for uses permitted in the UF,
Urban Flex District; and
C.
Official Tax Nos. 1320303, 1320309, and 1320410, located on
Chapman and Campbell Avenues, S. W., from RM-1, Residential
Mixed Density District, to UF, Urban Flex District, for uses permitted
in the UF, Urban Flex District,
1
as set forth in the Zoning Amendment Application dated February 19, 2009.
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.YYj!ftr0
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
1
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1
239
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2009.
No. 38427-042009.
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 properties 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
properties located on Midvale Avenue, S. W., and Railroad Avenue, S. W., bearing
Official Tax Nos.1420101R through 1420104R, inclusive, 1321501R, 1221406, and
1222403, rezoned from 1-1, Light Industrial District, to ROS, Recreation and Open
Space District, for uses permitted in the ROS District; and
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 April 20, 2009, 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 properties, and for those reasons, is of the opinion that the
hereinafter described properties should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax Nos. 1420101 R through 1420104R,
inclusive, 1321501 R, 1221406 and 1222403, located on Midvale Avenue, S.W., and
Railroad Avenue, S. W., are hereby rezoned from 1-1, Light Industrial District, to ROS,
Recreation and Open Space District, for uses permitted in the ROS District, as set forth
in the Zoning Amendment Application dated February 19, 2009.
240
2. 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:
~h1.~OilY0
Stephanie M. Moon, CMcl
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2009.
No. 38428-042009.
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 properties within the City, and dispensing with the 1
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
properties located on 13th Street, S. W., bearing Official Tax Nos. 1220802 and
1220803, rezoned from RM-2, Residential Mixed Density District, to MX, Mixed Use
District, for uses permitted in the MX Use 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 April 20, 2009, 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
1
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1
1
241
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the
public necessity, convenience, general welfare and good zoning practice, require the
rezoning of the subject properties, and for those reasons, is of the opinion that the
hereinafter described properties should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax Nos. 1220802 and 1220803, located
on 13th Street, S. W., are hereby rezoned from RM-2, Residential Mixed Density District,
to MX, Mixed Use District, for uses permitted in the MX Use District, as set forth in the
Zoning Amendment Application dated February 19, 2009.
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:
~Ol.~wW
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2009.
No. 38429-042009.
An ORDINANCE authorizing the proper City officials to execute a contract to sell
to W. E. Muse Station, LP, certain City owned property located at 425 Church Avenue,
S. W., Roanoke, Virginia, 24016, and identified as Tax Map Nos. 1011206, 1011209,
and 1011210, upon certain terms and conditions; authorizing the City Manager to
execute such further documents and take such further actions as may be necessary to
accomplish the above matters; and dispensing with the second reading by title of this
Ordinance.
242
WHEREAS, the Council of the City of Roanoke, after proper advertisement, held
a public hearing on the above matter on April 20, 2009, pursuant to Sections 15.2-1800
and 15.2-1813, of the Code of Virginia (1950), as amended, at which hearing all parties
and citizens were afforded an opportunity to be heard on the -above matters; and
WHEREAS, after closing the public hearing, Council believes the sale of such
property will benefit the City and its citizens.
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 contract to sell to W. E.. Muse Station, LP, certain
City owned property located at 425 Church Avenue, S. W., Roanoke, Virginia, 24016,
and identified as Tax Map Nos. 1011206, 1011209, and 1011210, upon certain terms
and conditions as set forth in the contract attached to the City Manager's letter to this
Council dated April 20, 2009. Such contract is to be substantially similar to the one
attached to such letter, and in a form approved by the City Attorney.
2. The City Manager is further authorized to execute such further documents,
including a Deed of Conveyance, and take such further actions as may be necessary to
accomplish the above matters and complete the sale of the above-mentioned property
to W. E. Muse Station, LP, with the form of such documents to be approved by the City 1
Attorney, and to implement, administer, and enforce the above-mentioned contract and
any subsequent documents.
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:
~Yn.1IJO~
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
1
1
1
1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of April, 2009.
No. 38430-042009.
243
AN ORDINANCE to appropriate funding from the Commonwealth and transfer
funding to the Department of Social Services and Comprehensive Services Act,
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
Fleet Capital Billing
Brain Injury Services Grant
Civic Mall Rent
Subsidies
Auxiliary Grant Program
General Relief
ADC - Foster Care
Emergency Relief 100%
Refugee Resettlement
Day Care Services
Res Educational Services
TFC IVE Children
Administrative Supplies
Business Meals & Travel
Revenues
Foster Care
Refugee Program
Day Care
CSA-State Supplemental
01-530-421 0-7027
01-630-1270-2168
01-630-511 0-3071
01-630-5110-3700
01-630-5313-3120
01-630-5313-3125
01-630-5314-3115
01-630-5314-3145
01-630-5314-3150
01-630-5314-3159
01-630-541 0-4603
01-630-541 0-4605
01-630-6411-2030
01-630-5411-2144
01-110-1234-0675
01-110-1234-0679
01-110-1234-0686
01-110-1234-0692
$ (890,931.00)
(1,000.00)
(54,475.00)
(25,007.00)
(22,000.00)
(30,000.00)
104,500.00
(22,913.00)
57,100.00
365,000.00
1,015,140.00
2,308,773.00
(3,000.00)
(4,000.00)
104,500.00
. 57,100.00
342,087.00
2,293,500.00
244
Pursuant to the provisions of Section 12 of the City Charter, the second reading 1
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~m'~bW
Stephanie M. Moon, CMC
City Clerk
sp-Q~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2009.
Nb.38431-050409.
A RESOLUTION paying tribute to Stephanie M. Moon on being elected President
of the Virginia Municipal Clerks Association (VMCA) and being selected as the 2009 1
VMCA Clerk of the Year.
WHEREAS, Ms. Moon was born in Maybeury, West Virginia, and later moved
with her family to Roanoke and graduated from William Fleming High School;
WHEREAS, Ms. Moon took her first job with the City of Roanoke the year after
her high school graduation, but soon realized that the City Clerk's Office was where she
wanted to be and got a job in that department in 1978;
WHEREAS, Ms. Moon proceeded to work her way up through every position in
the Clerk's Office, including Clerk-Typist, Administrative Secretary, Executive Secretary,
and Deputy Clerk;
WHEREAS, Ms. Moon, encouraged by her boss, former City Clerk Mary Parker,
continued her education and graduated cum laude with an Associate's Degree in Legal
Assisting for Paralegals from Virginia Western Community College in 1998;
WHEREAS, Ms. Moon, appointed Clerkin February 2007, is the fifteenth City
Clerk in Roanoke's history, and the only African-American to hold this position;
WHEREAS, Ms. Moon is a Certified Municipal Clerk of the Commonwealth of 1
Virginia and has submitted her application for certification as a Master Municipal Clerk;
I
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1
245
WHEREAS, Ms. Moon is charged with the responsibility of recording all
proceedings of Roanoke City Council meetings, serves as Custodian of the official City
Seal, and is assigned such other powers and duties as may be prescribed by the City
Charter or by Ordinance;
WHEREAS, Ms. Moon has been an active member of the Virginia Municipal
Clerks Association, has served as First Vice-President (2008-2009), Second Vice-
President (2007-2008), Secretary (2005-2007) and Region IV Director (2003-2005), and
is also a current member of the International Institute for Municipal Clerks and the
Virginia Association of Government Archives and Records Administrators;
WHEREAS, Ms. Moon numbers among her honors being a recipient of the 2008
Southern Christian Leadership Conference (SCLC) Dr. Martin Luther King, Jr. Drum
Major for Justice Award, and a 2007 NAACP Citizen of the Year Award; and
WHEREAS, prior to Ms. Moon no municipal clerk has ever been elected VMCA
President and simultaneously received the top state honor - Clerk of The Year - in
Southwest Virginia.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. This Council adopts this means of recognizing and commending
Stephanie M. Moon for her outstanding achievements as City Clerk for the City of
Roanoke, Virginia.
2. An attested copy of this Resolution shall be presented to Ms. Moon.
APPROVED
ATTEST:
~m'~bOvV
Stephanie M. Moon, CMC
City Clerk
Q)Q~
David A. Bowers
Mayor
246
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2009.
1
No. 38432-050409.
A RESOLUTION approving the design and placement of public art to be installed
at the Gainsboro Branch Library.
WHEREAS, eighty-five artists responded to the City's Request for Qualification
for a work of art to be installed at the Gainsboro Branch Library; and
WHEREAS, four finalists responded to the City's Request for Proposals for a
work of art to be installed at the Gainsboro Branch Library and were interviewed by the
Citizen Selection Panel; and
WHEREAS, the City's Arts Commission has recommended that the work of art
proposed by Madeline Wiener be selected as the work to be installed at the Gainsboro
Branch library.
NOW THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke
approves the design of the work of art submitted by Madeline Wiener and approves the 1
location of its installation at the Gainsboro Branch Library, as presented to Council on
May 4, 2009.
APPROVED
ATTEST:
~h,. n;~
Stephanie M. Moon, CMC
City Clerk
Q~,,-
David A. Bowers
Mayor
1
I
1
1
247
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2009.
No. 38433-050409.
A RESOLUTION approving the recommendation of the Roanoke Valley Regional
Cable Television Committee to approve the annual operating budget for Fiscal Year
2009-2010 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 2009-2010
for the operation of RVTV and has requested that the City of Roanoke approve that
budget;
WHEREAS, the Committee is comprised of representatives from the City of
Roanoke, Roanoke County, and the Town of Vinton and these jurisdictions have agreed
to provide funding for the purposes for which the Committee was created, including the
support of the operation of a regional government and educational access station,
RVTV;
WHEREAS, such jurisdictions have agreed to provide funding as provided for in
the agreement creating the Committee and the Committee has recommended that the
City of Roanoke provide partial funding to RVTV in the amount of $165,563.00, plus an
additional $3,360.00, 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 $359,411.00 for Fiscal Year 2009-2010 for the
operation of the regional government and regional educational access station, RVTV,
plus an additional amount of $3,360.00 from 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 May 4,2009, is hereby approved.
248
2. In accordance with the Committee's request to the City to fund a reduced 1
portion of the RVTV budget mentioned above, the total amount of $168,923.00 (which
consists of $165,563.00 as the City's portion of the requested budget amount, 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 2009-2010 as
requested in the letter to this Council dated May 4,2009.
APPROVED
ATTEST:
~ Yd}.Or-joa-.-J
Stephanie M. Moon, CMC
City Clerk
9
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2009.
No. 38434-050409.
1
A RESOLUTION opposing Kerr Lake Regional Water System's request to
increase its authorized transfer of water from the Roanoke River Basin (Kerr Lake) to
the Tar and Fishing Creek River Basins, from the current 1 OMGD to 24MGD, as well as
its request for an additional 2.4MGD transfer from the Roanoke River Basin to the
Neuse River Basin.
WHEREAS, the Kerr Lake Regional Water System (herein referred to as
KLRWS) on February 18, 2009, submitted a Notice of Intent to Request an Interbasin
Transfer (IBT) certificate to the Environmental Management Commission to increase its
authorized transfer of water from the Roanoke River Basin (Kerr Lake) to the Tar and
Fishing Creek River Basins, from the current 10MGD to 24MGD, and additionally
requested a 2.4MGD transfer from the Roanoke River Basin to the Neuse River Basin;
WHEREAS, the Virginia State Water Control Board's Local and Regional Water
Supply Planning Regulation (9 V AC 25-780) requires that all localities in Virginia
develop water supply plans to be completed by November 2011 ;
WHEREAS, the counties of Bedford, Botetourt, Franklin, and Roanoke; the cities
of Bedford, Roanoke, and Salem and towns of Boones Mill, Buchanan, Fincastle, Rocky
Mount, Troutville, and Vinton are participating in the Greater Roanoke Regional Water 1
Supply Plan to be completed and approved in 2010;
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WHEREAS, Virginia's Local and Regional Water Supply Planning Regulation (9
VAC 25-780) requires development of future water demand projections through 2050
and possible alternatives to meet projected future demands in all approved water supply
plans;
WHEREAS, water demand projections from the Greater Roanoke Regional
Water Supply Plan, as well as previous water studies and plans, indicate possible future
water supply deficits at the local and regional levels;
WHEREAS, potential water supply alternatives identified to meet projected future
water demand include sources within the Roanoke River Basin, such as the Roanoke
River and tributaries, and Smith Mountain Lake; and
WHEREAS, the Roanoke Valley-Alleghany Regional Commission, local
governments, and other water supply planning partners have expressed concern that
any additional withdrawal from the Roanoke River Basin for use outside of the Roanoke
River watershed, as proposed by the KLRWS, could limit upstream withdrawals in the
future, thereby limiting the region's ability to meet future water supply demand and
address projected deficits.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that Council opposes the Kerr Lake Regional Water System's request to increase its
authorized transfer of water from the Roanoke River Basin (Kerr Lake) to the Tar and
Fishing Creek River Basins, from the current 1 OMGD to 24MGD, as well as its request
for an additional 2.4MGD transfer from the Roanoke River Basin to the Neuse River
Basin.
APPROVED
ATTEST:
~ Pn. n-")dilYV
Stephanie M. Moon, CMC
City Clerk
Si)~~
David A. Bowers
Mayor
250
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2009.
1
No. 38435-050409.
A RESOLUTION accepting a donation of funds and other items from Carilion
Health System (now Carilion Clinic) (hereafter-Carilion) to the City to assist with the
construction costs for a portion of the Roanoke River Greenway along Hamilton
Terrace; authorizing the City Manager to execute any necessary documents, provide
any additional information, and to take any necessary actions in order to obtain, accept,
receive, implement, use, and administer such donation; and expressing the City's
appreciation for such donation.
WHEREAS, Carilion, by letter dated March 30, 2009, has offered to donate
$145,000.00, along with previously provided engineering plans from Hayes, Seay,
Mattern & Mattern, Inc., (HSMM), valued at approximately $50,000.00, to assist the City
with construction of the above mentioned portion of the Roanoke River Greenway.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1 . The City of Roanoke hereby accepts the donation from Carilion of 1
$145,000.00, along with previously provided engineering plans Carilion obtained from
HSMM, valued at approximately $50,000, to the City, all as more particularly set forth in
the letter dated May 4, 2009, from the City Manager to this Council.
2. The City Manager is further authorized to execute any necessary
documents, provide any additional information, and to take any necessary actions in
order to obtain, accept, receive, implement, use, and administer such donation.
3. This Council wishes to express its appreciation and that of the citizens of
the City of Roanoke to Carilion for its generous donation to the City to assist with the
construction of the above mentioned portion of the Roanoke River Greenway.
4. The City Clerk is directed to transmit a copy of this Resolution to Curtis E.
Mills, Jr., Senior Vice President for Carilion, expressing the City's appreciation for its
donation.
5. This Council also expresses its appreciation and that of the citizens of the
City of Roanoke to HSMM for providing the above mentioned engineering plans 'to
Carilion to provide to the City.
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6. The City Clerk is directed to transmit a copy of this Resolution to Steve
Chapin, Vice President for HSMM, expressing the City's appreciation for HSMM's
contribution to this project.
APPROVED
ATTEST:
~hj.~~
Stephanie M. Moon, CMC
City Clerk
~9Ql:... -
Davi . Bowers -~ ....
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2009.
No. 38436-050409.
A RESOLUTION accepting a donation of funds from the Roanoke Valley
Greenway Commission to the City to assist with the construction costs for a portion of
the Roanoke River Greenway along Hamilton Terrace; authorizing the City Manager to
execute any necessary documents, provide any additional information, and to take any
necessary actions in order to obtain, accept, receive, implement, use, and administer
such donation; and expressing the City's appreciation for such donation.
WHEREAS, the Roanoke Valley Greenway Commission, by letter dated
March 13, 2009, has offered to donate $50,000.00 to assist the City with construction of
the above mentioned portion of the Roanoke River Greenway.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1 . The City of Roanoke hereby accepts the donation from the Roanoke
Valley Greenway Commission of $50,000.00 to the City, all as more particularly set forth
in the letter dated May 4, 2009, from the City Manager to this Council.
2. The City Manager is further authorized to execute any necessary
documents, provide any additional information, and to take any necessary actions in
order to obtain, accept, receive, implement, use, and administer such donation.
252
3. This Council wishes to express its appreciation and that of the citizens of 1
the City of Roanoke to the Roanoke Valley Greenway Commission for its generous
donation to the City to assist with the construction of the above mentioned portion of the
Roanoke River Greenway.
4. The City Clerk is directed to transmit a copy of this Resolution to Liz
Belcher, Greenway Coordinator for the Roanoke Valley Greenway Commission,
expressing the City's appreciation for its donation.
APPROVED
ATTEST:
~ ht. rr;~~
Stephanie M. Moon, CMC
City Clerk
s;;rQ(JJ --
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2009.
1
No. 38437-050409.
A RESOLUTION accepting a donation of funds from Pathfinders for Greenways,
Inc. to the City to assist with the construction costs for a portion of the Roanoke River
Greenway along Hamilton Terrace; authorizing the City Manager to execute any
necessary documents, provide any additional information, and to take any necessary
actions in order to obtain, accept, receive, implement, use, and administer such
donation; and expressing the City's appreciation for such donation.
WHEREAS, Pathfinders for Greenways, Inc., by letter dated April 13,2009, has
offered to donate $35,000.00 to assist the City with construction of the above mentioned
portion of the Roanoke River Greenway.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The City of Roanoke hereby accepts the donation from Pathfinders for
Greenways, Inc. of $35,000.00 to the City, all as more particularly set forth in the letter
dated May 4, 2009, from the City Manager to this Council.
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2. The City Manager is further authorized to execute any necessary
documents, provide any additional information, and to take any necessary actions in
order to obtain, accept, receive, implement, use, and administer such donation.
3. This Council wishes to express its appreciation and that of the citizens of
the City of Roanoke to Pathfinders for Greenways, Inc. for its generous donation to the
City to assist with the construction of the above mentioned portion of the Roanoke River
Greenway.
4. The City Clerk is directed to transmit a copy of this Resolution to Brian J.
Batteiger, President of Pathfinders for Greenways, Inc., expressing the City's
appreciation for its donation.
APPROVED
ATTEST:
~rr,. ~b~
Stephanie M. Moon, CMC
City Clerk
'7"'Q rn~~~~._
~ David)!:B~w;;--
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2009.
No. 38438-050409.
AN ORDINANCE to appropriate donations from Carilion Clinic, Roanoke Valley
Greenway Commission and Pathfinders for Greenways, Inc. and to transfer funds from
the Roanoke River Greenway project to the Hamilton Terrace Greenway project,
amending and re-ordaining 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 certain 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 General Revenue
Appropriated from Third Party
Appropriated from General Revenue
08-530-9970-9003
08-530-9970-9004
08-620-9200-9003
$180,000.00
230,000.00
(180,000.00)
254
Revenues
Hamilton Terrace Greenway-
Carilion Clinic Donation
Hamilton Terrace Greenway-
Roanoke Valley Greenway
Commission Donation
Hamilton Terrace Greenway-
Pathfinders from Greenways, Inc.
Donation
1
08-530-9970-9970
145,000.00
08-530-9970-9971
50,000.00
08-530-9970-9972
35,000.00
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~Q~
David A. Bowers
Mayor
1
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2009.
No. 38439-050409.
A RESOLUTION approving amendment of the City's Consolidated Plan and
authorizing the City Manager to execute and submit any necessary documents to the
U.S. Department of Housing and Urban Development ("HUD") in connection with such
amendment.
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BE IT RESOLVED by the Council of the City of Roanoke that the City Council
approves an .amendment to the City's Consolidated Plan, allowing the use of
Homelessness Prevention and Rapid Re-Housing Program ("HPRP") funds in the
amount of $766,017.00 to provide homelessness prevention and rapid re-housing
assistance to be delivered by partnering agendes participating in a Community Housing
Resource Center ("CHRC"), made available through the American Recovery and
Reinvestment Act ("ARRA"), taking into account comments received during the public
review period, and that the City Manager and the City Clerk are authorized to execute
and attest, respectively, and submit any necessary documents, approved as to form by
the City Attorney, as applicable, to HUD for such purpose, as more particularly set forth
in the City Manager's letter dated May 4,2009, to this Council.
APPROVED
ATTEST:
~m.~avJ
Stephanie M. Moon, CMC
City Clerk
r\~~~~_
~ ~A. Bowers.
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2009.
No. 38440-050409.
AN ORDINANCE to appropriate funding from the federal government American
Reinvestment and Recovery Act (ARRA) through the United States Department of
Housing and Urban Development's Homelessness Prevention and Rapid Re-Housing
Program (HPRP), 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:
256
Appropriations
ARRA HPRP Administration FY09
ARRA HPRP Data Collection/Evaluation FY09
ARRA HPRP Prevention - Financial Assist
FY09
ARRA HPRP Prevention - Stabilization FY09
ARRA HPRP Re-Housing - Financial Assist
FY09
ARRA HPRP Re-Housing - Stabilization FY09
Revenues
ARRA HPRP FY09
35-R09-0942-5558
35-R09-0942-5559
35-R09-0942-5560
35-R09-0942-5561
35-R09-0942-5562
35-R09-0942-5563
35-R09-0942-2912
$ 38,300.00
75,000.00
300,000.00
200,000.00
100,000.00
52,717.00
766,017.00
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. !1JfvV
Stephanie M. Moon, CMC
City Clerk
1
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2009.
No. 38441-050409.
AN ORDINANCE authorizing the City Manager to execute a fourth amendment to
an existing Lease Agreement between the City of Roanoke and the Commonwealth of
Virginia, 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:
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1 . The City Manager and City Clerk are hereby authorized to execute and
attest respectively, a fourth amendment to the Lease Agreement between the City of
Roanoke and the Commonwealth of Virginia, Virginia Department of Health, dated
June 5, 2001, for the lease of certain property located at 515 and 530 8th Street, S.W.,
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,
2009, as further stated in the City Manager's letter dated May 4, 2009; 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:
~ m. 'Yr)07IYV
Stephanie M. Moon, CMC
City Clerk
~-.Q
David
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2009.
No. 38442-050409.
AN ORDINANCE to increase the revenue estimate and appropriations to reflect
the billings of printing services as an internal service provided by the Department of
Technology, amending and re-ordaining 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 certain 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:
258
Appropriations
Printing
Revenues
Internal Service Fund Billing to the General
Fund
13-430-1601-2075 $ 109,000.00
13-110-1234-1952 109,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
A~ /Y), IY)OIM-/
Stephanie M. Moon, CMC
City Clerk
o ':QQ1-."... ,
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2009.
No. 38443-050409.
A RESOLUTION authorizing the donation to the Virginia Museum of
Transportation, Inc., of a 1927 White straight truck formerly owned by Pitzer Transfer
Company.
WHEREAS, the Virginia Museum of Transportation, Inc., ("Museum") has
requested that the City donate to it a 1927 White straight.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City hereby donates to the Museum whatever interest that it has in a
1927 White straight truck formerly owned by Pitzer Transfer Company.
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2. The City Manager is authorized to execute an acknowledgment of such
donation, in such form as may be requested by the Museum, and approved as to form
by the City Attorney.
APPROVED
ATTEST:
~ h). h;o!I'rJ
Stephanie M. Moon, CMC
City Clerk
9 QSlJ V-.~~~
. David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 4th day of May, 2009.
No. 38444-050409.
A RESOLUTION appointing Jason E. Bingham, Mae G. Huff, and Todd A.
Putney as School Board Trustees on the Roanoke City School Board for terms
commencing July 1, 2009, and ending June 30, 2012.
WHEREAS, pursuant to 99-24, Code of the City of Roanoke (1979), as amended,
a public hearing was held May 4, 2009, relating to the appointment of School Board
Trustees; and
WHEREAS, this Council is desirous of appointing Jason E. Bingham, Mae G.
Huff, and Todd A. Putney 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. Jason E. Bingham, Mae G. Huff, and Todd A. Putney are hereby
appointed as School Board Trustees on the Roanoke City School Board for terms
commencing July 1, 2009, and ending June 30, 2012.
260
2. The City Clerk is directed to transmit an attested copy of this resolution to 1
the Clerk of Roanoke City School Board, Cindy Poulton, and to Jason E. Bingham, Mae
G. Huff, and Todd A. Putney.
APPROVED
ATTEST:
~ Y'vt'~llDYJ
Stephanie M. Moon, CMC
City Clerk
JQ~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 11th day of May, 2009.
No. 38445-051109.
A RESOLUTION amending the Fee Compendium to increase fees for refuse
collection in the Central Business District, a levy of fees charged for building permits, 1
and fees charged for fire incident reports, and to establish a new fee for storm water
management plan review, as set out below; and establishing an effective date.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The Fee Compendium of the City, maintained by the Director of Finance
and authorized and approved by City Council by Resolution No. 32412-032795,
adopted March 27, 1995, effective as of that date, as since amended, shall be amended
to reflect the following fees.
FEE CURRENT AMOUNT NEW AMOUNT
Refuse collection fees in the Central $100.00 per month $120.00 per month
Business District for Restaurant, Office,
and Financial Institutions
Refuse collection fees in the Central $60.00 per month $70,00 per month
Business District for Specialty Retail,
Health, Church and Nonprofit
Institutions
Building permits issued under Virginia 1.75% levy of fees 2% levy of fees charged
Uniform State BuildinQ Code (USBC) charged
Fire Incident Report $8.00 each $10.00 each
Storm water management plan review NONE $100.00 plus $3.00/100 sq.
ft. of post-development
impervious surface, up to
$1,000.00
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2. Resolution No. 32412-032795 is hereby amended to the extent and only
to the extent of any inconsistency with this Resolution.
3. The fees established by this Resolution shall remain in effect until
amended by this Council.
4. This Resolution shall be in full force and effect on July 1, 2009.
APPROVED
ATTEST:
~rn. dY\o,~
Stephanie M. Moon, CMh
City Clerk
.Q~id
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 11th day of May, 2009.
No. 38446-051109.
A RESOLUTION providing for an amendment of the fees charged at certain City
owned and/or controlled parking facilities, namely: Center in the Square Garage,
Gainsboro Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot, Warehouse Row
Lot, and Williamson Lot, with the current parking fees for the remaining parking facilities
continuing in effect; authorizing the City Manager to modify, waive, or reduce such
parking fees under certain conditions; providing for assessment of certain fees for late
payment or nonpayment of such parking fees; authorizing the City Manager to issue
guidelines to implement, administer, and enforce such fees; and directing amendment
of the Fee Compendium.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The current parking fees for the Campbell Garage as set out below shall
continue in effect:
262
Cam
$45/mo
1
$1.00
$6.00
$2.00 flat rate
FREE
FREE
Enter before 9 am, as shown by the ticket for that
day, and the parker pays the lesser of the regular
arkin fees or $3.00 for that da .
2. The parking fees for the Center in the Square Garage shall be amended in
accordance with the following new fee schedule effective July 1,2009:
Center in the Square Garage
Current Fee Schedule
Monthly reserved
Monthl unreserved
Short term weekdays
8 am to 4 pm
Per .5 hr.
over 2.5 hrs.
Short term weeknights
4 pm to 9 pm
$90/mo
$70/mo
$1.00
$6.00
$3.00 flat rate
Saturday (except 4 pm
to 9 pm)
Short term Saturday
4 m to 9 m
Sunda
FREE
$3.00 flat rate
FREE
New Fee Schedule
Monthly reserved $90/mo
Monthl unreserved $70/mo
Short term weekdays 1
8 am to 4 pm
Per .5 hr. $1.00
over 2.5 hrs. $6.00
Short term Monday - $3.00 flat rate
Thursday
4 pm to 9 pm
Short term Friday 4 pm to $3.00 flat rate
12 am midni ht
Saturday (except 4 pm to FREE
12 am-midnight)
Short term Saturday $3.00 flat rate
4 m to 12 am midni ht
Sunda FREE
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3. The current parking fees for the Church Avenue Garage as set out below
shall continue in effect:
Ch hA
G
F S h d I
urc venue arage - ee c e u e
Monthly unreserved $45/mo
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
Saturdav FREE
Sunday FREE
4. The current parking fees for the Elmwood Park Garage as set out below
shall continue in effect:
Elmwood Park Gara e - Fee Schedule
Monthl unreserved
Short term weekdays
8 am to 5 pm
Per .5 hr.
over 2.5 hrs.
Enter Monda -Frida after 5 m
Saturda
Sunda
$65/mo
$1.00
$6.00
FREE
FREE
FREE
5. The parking fees for the Gainsboro Garage shall be amended in
accordance with the following new fee schedule effective July 1,2009:
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Gainsboro Garage
Current Fee Schedule
Monthly $35/mo Monthly unreserved $45/mo
reserved $17.50/mo Monthly student $22.50/mo
Monthly student unreserved
unreserved
Short term Short term weekdays
weekdays 8 am to 4 pm
8 am to 4 pm $.50 Per .5 hr. $.50
Per .5 hr. $5.00 over 4.5 hrs. $5.00
over 4.5 hrs.
Short term $2.00 flat rate Short term $2.00 flat rate
weeknights Note: A $1 discount weeknights Note: A $1 discount
4 pm to 9 pm off of the evening rate 4 pm to 9 pm off of the evening
will be made available rate will be made
for Roanoke Higher available for
Education Center Roanoke Higher
students with Education Center
appropriate student students with
documentation when appropriate student
presented to the documentation when
attendant on duty. presented to the
attendant on duty.
Saturday FREE Saturday FREE
Sundav FREE Sundav FREE
New Fee Schedule
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6. The current parking fees for the Market Garage as set out below shall
continue in effect:
M ktG
F S h d I
ar e araae - ee c e ue
Monthly reserved $85/mo
Monthlv unreserved $65/mo
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 om to 9 om
Saturday (except 4 pm to 9 pm) FREE
Short term Saturday
4 om to 9 om $2.00 flat rate
Sundav FREE
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7. The current parking fees for the Tower Garage as set out below shall
continue in effect:
Tower Gara e - Fee Schedule
Monthly reserved
Monthl unreserved
Short term weekdays
8 am to 4 pm
Per .5 hr.
over 2.5 hrs.
Short term weeknights
4 m to 9 m
Saturday (except 4 pm to 9 pm
Short term Saturday
4 m to 9 m
Sunda
$85/mo
$65/mo
$1.00
$6.00
$2.00 flat rate
FREE
$2.00 flat rate
FREE
8. The parking fees for the Elmwood Lot shall be amended in accordance
with the following new fee schedule effective July 1, 2009:
Elmwood Lot
Current Fee Schedule
New Fee Schedule
Monthly unreserved $43/mo Monthly unreserved $50/mo
Short term weekdays Short term weekdays
8 am to 5 pm 8 am to 5 pm
Per .5 hr. $.75 Per .5 hr. $1.00
over 3 hrs. $5.00 over 2.5 hrs. $6.00
Enter Monday-Friday FREE Enter Monday-Friday FREE
After 5 pm After 5 pm
Saturdav FREE Saturdav FREE
Sundav FREE Sunday FREE
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9. The parking fees for the Higher Ed Center Lot shall be amended in
accordance with the following new fee schedule effective July 1 , 2009:
Higher Ed Center Lot
Current Fee Schedule
New Fee Schedule
Monthly reserved $35/mo Monthly unreserved $45/mo
Monthly student $17.50/mo Monthly student $22.50/mo
unreserved unreserved
Short term weekdays Short term weekdays
8 am to 4 pm 8 am to 4 pm
Per .5 hr. $.50 Per .5 hr. $.50
over 4.5 hrs. $5.00 over 4.5 hrs. $5.00
Short term weeknights $2.00 flat rate Short term weeknights $2.00 flat rate
4 pm to 9 pm 4 pm to 9 pm
Saturday FREE Saturday FREE
Sunday FREE Sunday FREE
10. The parking fees for the Market Lot shall be amended in accordance with
the following new fee schedule effective July 1, 2009:
Market Lot
Current Fee Schedule
New Fee Schedule
Monthly unreserved $65/mo Monthly unreserved $70/mo
Short term weekdays Short term weekdays
8 am to5 pm 8 am to 4 pm
Per .5 hr. $.50 Per .5 hr. $1.00
over 3 hrs. $5.00 over 2.5 hrs. $6.00
W eekn ights FREE Short term weeknights $2.00 flat rate
after 5 pm 4 pm to 9 pm
Saturday FREE Saturday (except 4 pm FREE
to 9 pm)
Short term Saturday
4 pm to 9 pm $2.00 flat rate
Sunday FREE Sunday FREE
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11. The parking fees for the Warehouse Row Lot shall be amended in
accordance with the following new fee schedule effective July 1, 2009:
Warehouse Row Lot
Current Fee Schedule
New Fee Schedule
Monthly unreserved $52.50 Monthly unreserved $60/mo
Short term weekdays Short term weekdays
8 am to 5 pm 8 am to 5 pm
Per .5 hr. $.50 Per .5 hr. $1.00
over 2.5 hrs. $3.00 over 2.5 hrs. $6.00
Enter Monday-Friday FREE Enter Monday-Friday FREE
after 5 pm after 5 pm
Saturday FREE Satu rday FREE
Sunday FREE Sunday FREE
12. The parking fees for the Williamson Lot shall be amended in accordance
with the following new fee schedule effective July 1, 2009:
Williamson Lot
Current Fee Schedule
New Fee Schedule
Monthlv unreserved $55/mo Monthlv unreserved $55/mo
Short term weekdays Short term weekdays
8 am to 5 pm 8 am to 5 pm
Per .5 hr. $.75 Per .5 hr. $1.00
over 3 hrs. $5.00 over 2.5 hrs. $6.00
Enter Monday-Friday FREE Enter Monday-Friday FREE
after 5 pm after 5 pm
Saturday FREE Saturday FREE
Sunday FREE . Sunday FREE
13. The City Manager is hereby authorized to reduce any such parking fees
for any of the above parking facilities by up to $10.00 in accordance with the following
guidelines, which are intended to encourage the optimal use of the parking system.
Therefore, the City Manager may authorize a change in rates and/or fees in any of the
following circumstances:
A.
B.
C.
D.
E.
I F.
G.
To provide a specific transportation benefit including reduced
traffic congestion;
To facilitate parking facility cost savings;
To avoid excessive parking supply;
To encourage the reduced use of on-street parking;
To promote, market and/or develop specific parking facilities;
To ensure an appropriate mix of parking uses in all city
facilities; or
To encourage or enhance the use of downtown parking
facilities for special event locations.
268
14. The City Manager is hereby authorized to modify or waive the parking fees I
for any of the above parking facilities for City sponsored events or other special events,
as the City Manager may deem appropriate.
15. Any payments of monthly parking fees received more than five calendar
days after such fees are due may be assessed a late fee of $5.00 per card in addition to
the monthly rate charged. Any payment of monthly parking fees received more than
fifteen calendar days after such fees are due is subject to a $15.00 per access card
reactivation fee.
16. Nonpayment of daily parking fees may subject violators to the following
fees; $10.00 if paid within the first seven days after the violation; $17.50 if paid within
seven to fourteen days after the violation; and $25.00 if paid after fourteen days after
the violation.
17. The parking fees set forth herein will not be applicable to parking
agreements that provide for a specific parking fee or other method of payment for a
specified period of time unless otherwise provided for in such agreements or until such
agreements expire or are terminated. Nor will such parking fees be applicable to City
parking programs except as set forth in such program.
18. The above mentioned New Fee Schedules, for the indicated parking I
facilities, charges, and related matters will be effective July 1, 2009, and the Fee
Schedules for the other indicated parking facilities will continue in effect.
19. The City Manager is hereby authorized to issue such guidelines as the
City Manager deems appropriate in order to implement, administer, and enforce the
fees and matters provided for in this Resolution.
20. The Fee Compendium of the City, maintained by the Director of Finance
and authorized and approved by the City Council by Resolution No. 32412-032795,
adopted March 27, 1995, effective as of that date, shall be amended to reflect the new
fees to be charged at Center in the Square Garage, Gainsboro Garage, Elmwood Lot,
Higher Ed Center Lot, Market Lot, Warehouse Row Lot, and Williamson Lot, and to
show the current parking fees for the remaining parking facilities as continuing in effect.
APPROVED
ATTEST:
~rn. fntJiW
Stephanie M. Moon, CMC I
City Clerk
-:y ~,9~
David A. Bowers I
Mayor
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IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 11 th day of May, 2009.
No. 38447-051109.
AN ORDINANCE amending and reordaining Section 11.4-8, Stormwater
manaqement plan, of Article II, Proqram Permit Procedures and Requirements, of
Chapter 11.4, Stormwater Manaqement, 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 11.4-8, Stormwater manaqement plan, of Article II, Program
Permit Procedures and Requirements, of Chapter 11.4, Stormwater Manaqement, of
the Code of the City of Roanoke (1979), as amended, is hereby amended and
. reordained to add a new subsection (d) (3), to read and provide as follows:
Sec. 11.4-8. Stormwater manaqement plan.
* * *
(d) (3) The fee for review of the storm water management plan shall
accompany such plan when it is submitted for review and shall be in an
amount as setforth in the Fee Compendium as the same is amended from
time to time.
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:
A~ fFl. frJbbrV
Stephanie M. Moon, CMC
City Clerk
9
David A. Bowers
Mayor
270
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
I
The 11th day of May, 2009.
No. 38448-051109.
AN ORDINANCE amending and reordaining Section 20-90, Immobilization of
motor vehicles aqainst which there are outstandinq parkinq violations, Division 3, Duties
of Police Officers; Penalties for Unlawful Parkinq, Article IV, Stoppinq, Standing and
Parking, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979),
as amended; pertaining to the immobilization of motor vehicles; dispensing with the
second reading by title of this ordinance; and providing for an effective date.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1 . Section 20-90, Immobilitation of motor vehicles aqainst which there are
outstanding parkinq violations, Division 3, Duties of Police Officers: Penalties for
Unlawful Parkinq, Article IV, Stoppinq, Standinq and Parking, of Chapter 20, Motor
Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained to read and provide as follows:
Section 20-90. Immobilization of motor vehicles aqainst which there are
outstandinq parkinq violations.
(a) Any motor vehicle parked on a public highway or public
ground against which there are three #va (3 S) or more
unpaid or otherwise unsettled parking violation notices may
be immobilized in a manner which will prevent its removal or
operation except by authorized law enforcement personnel.
I
* * *
2. Pursuant to Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
3. This Ordinance shall be in full force and effect on July 1, 2009.
APPROVED
ATTEST:
~hJ:"l6DN
Stephanie M. Moon, CMC
City Clerk
D'f1Q?~
~ D~ A. Bowers
Mayor
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271
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 11th day of May, 2009.
No. 38449-051109.
AN ORDINANCE adopting the annual General, Civic Facilities, Parking, Market
Building, Department of Technology, Fleet Management, Risk Management, School
General, School Food Services, School Athletics and Grant Funds Appropriations of the
City of Roanoke for the fiscal year beginning July 1, 2009, and ending June 30, 2010;
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 General, School Food Services, School Athletics and Grant
Funds in the fiscal year beginning July 1, 2009, and ending June 30, 2010, shall
constitute General, I Civic Facilities, Parking, Market Building, Department of
Technology, Fleet NIIanagement, Risk Management, School General, School Food
Services, School Athletics and Grant Funds and that as much of the same as may be
necessary be, and tHe same is hereby appropriated to the following uses and purposes,
to-wit:
General Fund
Revenues
General Property Taxes
Other Local Taxes I
Permits, Fees and Licenses
Fines and Forfeiture~
I
Revenue from Use of Money and Property
I
Intergovernmental Revenue - State & Federal
Charges for Current 'Services
Miscellaneous
Total Revenues
$ 100,966,000.00
72,499,000.00
1,166,000.00
1,472,000.00
597,000.00
,I 69,345,000.00
10,492,000.00
505,000.00
$ 257,042,000.00
Appropriations
Treasurer
Clerk of Circuit Court
I
Juvenile and Domestic Relations Court Services
I
$ 1,060,677.00
1,511,949.00
1,722,408.00
272
Juvenile and Domestic Relations Court Clerk 30,031-.00 I
Magistrate 2,470.00
General District Court 32,637.00
Circuit Court 523,130.00
Commissioner of the Revenue 1,047,001.00
Sheriff $ 2,157,787.00
Jail 14,212,981.00 16,370,768.00
Commonwealth's Attorney $ 1,704,350.00
Cost Collections Unit 77,185.00 1,781,535.00
City Council $194,021.00
Mayor Bowers 4,253.00
Vice-Mayor Lea 3,987.00
Council Member Trinkle 2,190.00
Council Member Mason 3,390.00
Council Member Price 3,553.00
Council Member Rosen 3,553.00
Council Member Cutler 2,190.00 217,137.00 I
City Attorney 880,489.00
City Clerk 498,269.00
Municipal Auditing 667,101.00
Department of Finance $ 1,837,444.00
Office of Billings and Collections 684,130.00
Real Estate Valuation 1,032,162.00
Board of Equalization 11,540.00 3,565,276.00
Residual Fringe Benefits 2,946,750.00
Miscellaneous 100,000.00
Transfers to School Fund 63,847,461.00
Transfers to Greater Hoanoke Transit Company 1,176,105.00
Transfers to Debt Service Fund 22,175,753.00
Transfer to Other Funds 4,510,094.00
Electoral Board 319,504.00
Office of Communications 552,938.00
City Manager 805,488.00 I
Roanoke Arts Commission 287,696.00
273
I
Economic Development
Memberships and Affiliations
Personnel Lapse
Contingency
Department of Management and Budget
2,165,797.00
1,516,843.00
( 1,870,026.00)
2,074,310.00
535,839.00
Human Resources
Employee Health Services
$ 1,106,995.00
548,092.00
1,655,087.00
E911 Center
E911 Wireless
$ 2,261,648.00
600,000.00.00
2,861,648.00
Director of General Services and Sustainability $ 194,392.00
Management Services 88,633.00
Purchasing 374,571.00 657,596.00
Building Maintenance $ 4,574,717.00
Custodial Services 859,333.00 5,434,050.00
I Fire Administration $ 916,919.00
Fire Support 1,110,749.00
Fire Operations 14,558,350.00
Fire Airport Rescue 691,882.00
Emergency Management 97,774.00
Emergency Medical Services 1,685,644.00 19,061,318.00
Director of Public Works $ 177,495.00
Solid Waste Management 6,614,784.00
Transportation - Streets and Traffic 5,232,674.00
Transportation - Paving 3,082,111 .00
Transportation - Snow Removal 110,280.00
Transportation - Street Lighting 955,989.00
Transportation - Engineering & Operations 1,682,558.00
Environmental Management 138,440.00
Engineering 1,676,082.00 ] 9,670,413.00
Planning and Development $ 1,462,401.00
I Building Inspections 795,082.00
Neighborhood Support 107,487.00
Citizens Service Center 24,929.00
274
Neighborhood Services 1,621,162.00 4,011,061.00
Parks $ 2,820,158.00 I
Parks & Recreation Administration 1 ,535,105.00
School Playground Services 114,649.00
Youth Services 459,985.00
Recreation 1,139,5320.00 6,069,429.00
Director of Human Services/Social Services $ 1,610,132.00
Benefits 5,596,377.00
Social Services - Services 16,046,504.00
Employment Services 1,597,742.00
Foster Parent Training 127,896.00
Human Services Support 329,157.00 25,307,808.00
Virginia Institute for Social Services
Training Activities 472,554.00
Youth Haven $ 534,175.00
Outreach Detention 252,589.00
Crisis Intervention 643,473.00 1 ,430,237.00 I
Health Department 1,555,041.00
Mental Health 448,890.00
Human Services Committee 478,424.00
Comprehensive Services Act (CSA) 11,176,087.00
CSA - Administration 154,075.00
Virginia Cooperative Extension Service 79,827.00
Police Administration $ 507,887.00
Police Investigation 3,517,188.00
Police Patrol 12,657,893.00
Police Services 3,493,611.00
Police Training 690,892.00
Police Animal Control 1 ,060,846.00 21,928,317.00
Libraries $ 3,418,766.00
Law Library 115,942.00 3,534,708.00
Total Appropriations $ 257,042,000.00
I
275
I Civic Facilities Fund
Revenues
Operating 2,502,300.00
Non-Operating 2,018,100.00
Total Revenues $ 4,520,400.00
Appropriations
Operating Expenses $ 3,125,090.00
Debt Service 1,395,310.00
Total Appropriations $ 4,520,400.00
Parkinq Fund
Revenues
I Operating $ 3,044,100.00
Total Revenues $ 3,044,100.00
Appropriations
Parking Coordination $ 64,025.00
Campbell Garage 136,729.00
Market Garage 184,006.00
Elmwood Park Garage 148,869.00
Center in the Square Garage 131,499.00
Church Avenue Garage 230,652.00
Tower Garage 251,186.00
Gainsboro Garage 153,865.00
Market Lot 19,241.00
Elmwood Lot 29,312.00
Warehouse Row Lot 15,928.00
Williamson Lot 23,226.00
Higher Ed Center Lot 30,325.00
Debt Service 1,625,237.00
I Total Appropriations $ 3,044,100.00
276
Market Buildino Fund I
Revenues
Operating $ 227,000.00
Non-Operating 94,500.00
Total Revenues $ 321,500.00
Appropriations
Operating Expenses $ 321,500.00
Total Appropriations $ 321,500.00
Department of Technolooy Fund
Revenues
Operating $ 6,821,372.00
Non-Operating 98,000.00
Total Revenues $ 6,919,372.00 t
Appropriations I
Technology - Operating $ 5,032,049.00
Capital Outlay 750,556.00
Debt Service 561,600.00
Radio Technology 575,167.00
Total Appropriations $ 6,919,372.00
Fleet Manaoement Fund
Revenues
Operating $ 7,283,906.00
Non-Operating 100,000.00
Total Revenues $ 7,383,906.00
Appropriations
Operating Expenses $ 4,511,709.00
Capital Outlay 2,872,197.00 I
Total Appropriations $ 7,383,906.00
277
I Risk Manaoement Fund
Revenues
Operating $ 15,776,715.00
Total Revenues $ 15,776,715.00
Appropriations
Risk Management Administration $ 1,057,156.00
Risk Management - Other Expenses 14,719,559.00
Total Appropriations $ 15,776,715.00
School General Fund
Revenues $142,933,454.00
Appropriations $142,933,454.00
I School Food Services Fund
Revenues $ 5,815,770.00
Appropriations $ 5,815,770.00
School Athletics Fund
Revenues
$ 1,200,000.00
Appropriations
$ 1,200,000.00
Grant Fund
I
Revenues
Total Revenues
$ 485,289.00
278
Appropriations
Regional Drug Prosecutor
Victim Witness
Virginia Juvenile Community Crime Control Act
Homeless Assistance Team
HOME Match
G rant Match
Total Appropriations
$ 27,900.00
29,386.00
121,799.00
36,927.00
69,277.00
200,000.00
$ 485,289.00
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 she is hereby authorized and directed
to transfer between accounts such appropriations for salaries and wages for the labor
force as may be necessary to cover cost of labor performed by one department for
another.
4. That funding for all outstanding encumbrances, at June 30, 2009, are re-
appropriated to the 2009-10 fiscal year to the same department and account for which I
they are encumbered in the 2008-09 fiscal year.
5. That this ordinance shall be known and cited as the 2009-10 General,
Civic Facilities, Parking, Market Building, Department of Technology, Fleet Management,
Risk Management, School General, School Food Services, School Athletics and Grant
Funds Appropriation Ordinance; and
6. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~hJ.h1blMJ
Stephanie M. Moon, CMC l
City Clerk
~
3 Davia A. Bowers
Mayor
I
279
I
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 11 th day of May, 2009.
No. 38450-051109.
I
AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of
the City effective July 1, 2009; 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 a reduction in the salaries of
the members of City Council for FY 2009-2010; providing for an effective date; and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Pursuant to 92-69, Code of the City of Roanoke (1979), as amended,
there is hereby adopted by the Council and made applicable to all classified officers and
employees of the City on July 1, 2009, the Pay Plan hereinafter set out in its entirety,
which shall read and provide as follows:
Pay Minimum Annual Maximum
Grade Salary Annual Salary
04 $18,402.48 $29,444.03
05 $19,322.90 $30,916.69
06 $20,771.40 $33,234.39
07 $22,375.62 $35,801.05
08 $24,721.69 $39,554.91
09 $27,316.97 $43,707.41
I 10 $30,187.45 $48,299.76
11 $32,313.72 $51,702.00
280
12 $36,029.51 $57,647.27
13 $40,173.86 $64,278.18 I
14 $44,792.73 $71,668.53
15 $49,944.42 $79,911.02
16 $56,415.93 $90,265.60
17 $62,903.20 $100,645.39
18 $70,137.05 $112,219.48
19 $79,173.90 $126,678.24
20 $88,278.50 $141,245.71
2. The Pay Plan adopted by this Ordinance shall remain in effect until
amended by Council.
3. Pursuant to 92-68, Code of the City of Roanoke (1979), as amended,
effective July 1, 2009, 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 I
and class code to each position in the classified service of this City.
4. 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
Appraiser I
Appraiser II
Assistant City Managers
(unless City Manager has assigned a City vehicle
to the individual Assistant)
City Attorney
City Clerk
Deputy Director of Real Estate Valuation
Director of Economic Development
Director of Finance
Director of Real Estate Valuation
Municipal Auditor
Senior Tax Compliance Administrator
Special Projects Coordinator
Supervising Appraiser
ANNUAL SALARY INCREMENT
$ 2,000.00
$ 2,000.00
$ 2,000.00
$ 2,500.00
$ 2,500.00
$ 2,000.00
$ 2,000.00
$ 2,500.00
$ 2,000.00
$ 2,500.00
$ 2,000.00
$ 2,000.00
$ 2,000.00
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If the requirement that any of the foregoing officers or employees own or lease a
motor vehicle for routine use in the conduct of City business should be eliminated, then
the salary increment established by this Ordinance shall be terminated as of the date of
elimination of such requirement.
The City Manager is authorized, within the limits of funds appropriated therefore,
to provide for similar salary increments for other employees of the City Manager.
5. 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.
6. Each employee of the Fire-Emergency Medical Services Department hired
by the City as a Firefighter prior to April 18, 1991, who has received Emergency Medical
Technician certification and actively participates in the City's First Responder Program
shall be accorded an annual salary increment of $1,200.00 payable on a bi-weekly
basis.
7. Each employee of the Fire-Emergency Medical Services Department who
has been certified to either the Specialist or Technician level for the handling of
hazardous materials and who is a member of the Regional Hazardous Materials
Response Team shall be accorded an annual salary increment of $1,200.00 payable on
a bi-weekly basis.
8. 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.
9. The City Manager is authorized. to continue a police career enhancement
program to provide pay incentives to police officers below the supervisory level. Such
program may include consideration for training, formal. education, experience, and
specialized assignments. The annual pay supplement shall range from $1,050.00 to
$4,684.00 payable on a bi-weekly basis.
10. The City Manager is authorized to continue a Community Policing
Specialist program to provide pay incentives to police officers. Such program may
include consideration for training and community participation. The annual pay
supplement is two percent (2%) of base salary.
282
11. 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 I
stipend, receive the difference between such stipend and the merit pay authorized
hereby.
12. 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.
13. 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).
14. When any salary increase provided in paragraphs 9, 10, or 11 of this
Ordinance would cause an officer or employee to exceed the maximum annual pay
range applicable to such officer's or employee's position, such officer or employee shall
receive a salary increase only in such amount as will not exceed the maximum pay
range for such officer's or employee's position.
15. 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%).
16. For the fiscal year beginning July 1, 2009, and ending June 30, 2010, the
annual salaries of the Mayor, Vice-Mayor, and each member of Council shall be as
follows:
Mayor
Vice-Mayor
Council Members
$19,050.00
$15,688.00
$14,816.00
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283
For the fiscal year beginning July 1, 2010, and ending June 30, 2011, and for
succeeding fiscal years unless modified by action of this Council, the annual salaries of
the Mayor, Vice-Mayor, and each member of Council shall be as follows:
Mayor
Vice-Mayor
Council Members
$20,000.00
$16,560.00
$15,560.00
17. The provisions of this ordinance shall be in full force and effect on and
after July 1, 2009.
18. Pursuant to ~12 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
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 11th day of May, 2009.
No. 38451-051109.
A RESOLUTION approving the 2009-2010 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;
284
WHEREAS, opportunities for community input regarding the Annual Update were I
provided at public meetings held November 10, 2008, and March 31, 2009, and at a
City Council public hearing on April 30, 2009, by a 30-day public review and comment
period beginning April 2, and ending May 4, 2009, by dissemination of information to all
library branches, the Law Library, the Roanoke Redevelopment and Housing Authority
main office, 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, 2009, 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 I
dated May 11, 2009, to this Council.
APPROVED
ATTEST:
~'oo). OO)biW
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 18th day of May, 2009.
No. 38452-051809.
AN ORDINANCE permanently changing the polling place for Villa Heights #021
Precinct from Fire Station #9, 24th Street and Melrose Avenue, N. W., to Forest Park
Academy, 2730 Melrose Avenue, N. W.; and dispensing with the second reading of this I
ordinance.
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285
WHEREAS, Fire Station #9, 24th Street and Melrose Avenue, N. W., is the
regular polling place for Villa Heights Precinct #021 ;
WHEREAS, the polling place has been rendered inaccessible due to construction
being done in the parking lot;
WHEREAS, by Resolution dated April 29, 2009, the Roanoke City Electoral
Board has recommended the permanent relocation of the polling place for Villa Heights
#021 Precinct to Forest Park Academy, 2730 Melrose Avenue, N. W., such polling place
being located within such precinct as required by 924.2-310, Code of Virginia (1950), as
amended; and
WHEREAS, the Electoral Board has given notice of such relocation of polling
place to the State Board of Elections and has obtained approval of such change from
the Board pursuant to 924.2-310.0., 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 Villa Heights #021 Precinct at least fifteen (15) days prior to all elections,
and public notice of such change, pursuant to 924.2-306, Code of Virginia (1950), as
amended.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. The polling place for Villa Heights #021 Precinct shall be relocated
permanently from Fire Station #9, 24th Street and Melrose Avenue, N. W., to the Forest
Park Academy, 2730 Melrose Avenue, N.
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 Villa Heights #021 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:
~h1.~~
Stephanie M. Moon, CMC
City Clerk
~~_h ~_
..:::v --
David A. Bowers
Mayor
286
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
I
The 18th day of May, 2009.
No. 38453-051809.
A RESOLUTION accepting the 2008 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 2008 State Homeland
Security Program Grant offered by the Virginia Department of Emergency Management
(VDEM) in the amount of $32,500.00, to be used for HAZMAT Team Equipment and
Training. There is no matching fund requirement for this grant. The grant is more
particularly described in the letter of the City Manager to Council, dated May 18, 2009.
2. The City Manager and the City Clerk are hereby authorized to execute
and file, on behalf of the City, any necessary documents setting forth the conditions of
the grant in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information ..
as may be required in connection with the City's acceptance of this grant.
I
APPROVED
ATTEST:
~~ tn.':JO~
Stephanie M. Moon, CMC
City Clerk
I
92G\b-+
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 18th day of May, 2009.
No. 38454-051809.
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 I
Appropriations, and dispensing with the second reading by title of this ordinance.
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287
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
Revenues
State Homeland Secu rity Grant FY09 #2
35-520-3524-2035
$ 32,500.00
35-520-3524-3524
32,500.00
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~[1;w
City Clerk
~ ~v2i':r:'~
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 18th day of May, 2009.
No. 38455-051809.
A RESOLUTION approving amendments of the City's 2005-2010 Consolidated
Plan and authorizing the City Manager to execute and submit any necessary documents
to the U.S. Department of Housing and Urban Development ("HUD") in connection with
such amendments.
288
BE IT RESOLVED by the Council of the City of Roanoke that the City Council I
approves amendments to the City's Consolidated Plan, reallocating Community
Development Block Grant ("CDBG") funding with regard to the Property Acquisition
Reserve and Targeted Neighborhood Infrastructure Improvement projects, such
amendments tp take effect upon, and provided that no compelling objections have been
received by, the conclusion of the public review period, and that the City Manager and
the City Clerk are authorized to execute and attest, respectively, and submit any
necessary documents, approved as to form by the City Attorney, as applicable, to HUD
for such purpose, as more particularly set forth in the City Manager's letter dated
May 18, 2009, to this Council.
APPROVED
ATTEST:
~n,'!1bo,v
Stephanie M. Moon, CMC
City Clerk
r":\~ ~....~_~
..:::.JJ ~ --
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
I
The 18th day of May, 2009.
No. 38456-051809.
AN ORDINANCE to appropriate funds from Roanoke County, Botetourt County
and the City of Salem to the Expansion of Network Capacity project, amending and re-
ordaining 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 certain 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 Third Party
Revenues
Expansion of Network Capacity
13-430-9854-9004
$ 45,213.00
13-430-9854-9854
45,213.00
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Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~h7.!JoU>J
Stephanie M. Moon, CMC
City Clerk
gQ~~h_~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 18th day of May, 2009.
No. 38457-051809.
, AN ORDINANCE to transfer funds from various Fire-EMS Capital Projects and
the Department of Fire Program Grant to the Roanoke Valley Regional Fire-EMS
Training Center Burn Building Renovation project, amending and re-ordaining 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 certain 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 Projects Fund
Appropriations
Contingency
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from State Grant Funds
Revenues
Transfer from Grant Fund
Grant Fund
Appropriations
Regional Fire Training Burn Building
Transfer to Capital Projects Fund
08-530-9575-9220
08-530-9678-9003
08-530-9681 -9003
08-530-9682-9003
08-530-9682-9007
$ ( 1,817.00)
( 19,175.00)
( 93.,008.00)
114,000.00
40,000.00
08-11 0-1234-1362
40,000.00
35-520-3338-9074
35-520-3338-9508
( 40,000.00)
40,000.00
290
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
I
APPROVED
j
I
CJ;QCL?-J.
David A. Bowers I
Mayor !
ATTEST:
~o~~D~
City Clerk
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 18th day of May, 2009.
No. 38458-051809.
AN ORDINANCE to appropriate funding from the federal government's American
Reinvestment and Recovery Act (A~RA) through the Commonwealth of Virginia for the I
Workforce Investment Act (WIA), 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
ARRA WIA Youth in School FY09
ARRA WIA Youth out of School FY09
Revenues
ARRA WIA Grant FY09
35-R09-0946-8057
35-R09-094 7 -8057
$ 70,000.00
30,000.00
35-R09-0943-2914
100,000.00.
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Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~~~~OUYJ
City Clerk
~~--._--
~ - ~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 18th day of May, 2009.
No. 38459-051809.
A RESOLUTION authorizing the City Manager to execute a Modification
Agreement dated April 1, 2009, and to secure the associated Amended Notes in order
to reschedule the balance of a 1991 loan of Community Development Block Grant
(CDBG) funds originally provided to Total Action Against Poverty in Roanoke
Valley, Inc., for the acquisition and rehabilitation of certain properties in the City of
Roanoke. .
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager
and the City Clerk, are hereby authorized, for and on behalf of the City, to execute and
attest, respectively, a Modification Agreement dated April 1 ,2009, between Total Action
Against Poverty in Roanoke Valley, Inc., Roanoke At Home Limited Partnership, and
the City of Roanoke, and to secure Amended Notes from Total Action Against Poverty
in Roanoke Valley, Inc., and Roanoke At Home Limited Partnership, pertaining to the
rescheduling of debt remaining on the 1991 loan of CDBG funds, such Modification
Agreement and Amended Notes to be approved as to form by the City Attorney, as is
more particularly set forth in the City Manager's letter dated May 18, 2009, to City
Council.
APPROVED
ATTEST:
Stephanie M. Moon, CMC
City Clerk
D"Q~
David A. Bowers
Mayor
292
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 18th day of May, 2009.
I
No. 38460-051809.
AN ORDINANCE to transfer funds from the Roanoke Academy Improvements
project to the Patrick Henry Baseball Batting Cage Flooring project, amending and re-
ordaining certain sections of the 2008-2009 School Capital Projects Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2008-2009 School Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Appropriated from General Revenue
31-060-6058-9003
31-065-6075-9003
$ (5,400.00)
5,400.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
I
ATTEST:
~~~~
City Clerk
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 18th day of May, 2009.
No. 38461-051809.
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. 37876-082007, to the extent that it
placed certain conditions on Official Tax No. 4013015, located at 624 Bullitt Avenue,
S. E., and zoned MX, Mixed Use District; rezoning certain properties within the City, I
from IN, Institutional District, to MX, Mixed Use District; placing new proffers on the
subject properties; and dispensing with the second reading of this ordinance by title.
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293
WHEREAS, The Rescue Mission of Roanoke, Inc., represented by Maryellen F.
Goodlatte, Esquire, has filed an application to the Council of the City of Roanoke to
repeal Ordinance No. 37876-082007, adopted on August 20, 2007, to the extent that it
placed certain conditions on Official Tax No. 4013015, located at 624 Bullitt Avenue,
S. E.;
WHEREAS, the applicant seeks to have the properties bearing Official Tax Nos.
4013005 through 4013008, inclusive, located at the intersection of Jamison Avenue,
S.E. and 7th Street, S. E., rezoned from IN, Institutional District, to MX, Mixed Use
District, subject to certain conditions;
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 18, 2009, 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. 37876-082007, to the extent that it placed certain conditions on
Official Tax No. 4013015, located at 624 Bullitt Avenue, S. E., rezoning certain
properties within the City, from IN, Institutional District, to MX, Mixed Use District; and
placing new proffers on the subject properties.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Ordinance No. 37876-082007, adopted on August 20, 2007, to the extent
that it placed certain conditions on Official Tax No. 4013015, located at 624 Bullitt
Avenue, S. E., 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 properties bearing Official Tax Nos. 4013005
through 4013008, inclusive, located at the intersection of Jamison Avenue, S. E. and
7th Street, S. E., be and are hereby rezoned from IN, Institutional District, to MX, Mixed
Use District, subject to certain conditions proffered by the petitioner.
294
3. That proffers set forth in the Zoning Amended Application No. 1 dated
March 20, 2009, are accepted and placed on the property bearing Official Tax No.
4013015, located at 624 Bullitt Avenue, S. E., and the properties bearing Official Tax
Nos. 4013005 through 4013008, inclusive, located at the intersection of Jamison
Avenue, S. E. and 7th Street, S. E., 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.
4. Pursuant to the provisions of 912 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
I
ATTEST:
~rn.'h\j)~
Stephanie M. Moon, CMC I
City Clerk
Q'-Q~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
I
The 18th day of May, 2009.
No. 38462-051809.
AN ORDINANCE exempting from real estate property taxation certain property of
Goodwill Industries of the Valleys, Inc., located in the City of Roanoke, an organization
devoted exclusively to charitable or benevolent purposes on a non-profit basis;
providing for an effective date; and dispensing with the second reading by title of this
ordinance.
WHEREAS, Goodwill Industries of the Valleys, Inc. (hereinafter "the Applicant"),
has petitioned this Council to exempt certain real property of the Applicant from taxation
pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to be heard
with respect to the Applicant's petition was held by Council on May 18, 2009;
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;
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WHEREAS, the Applicant agrees thaf the real property to be exempt from
taxation is certain real estate, including the land and any building located thereon,
identified by Roanoke City Tax Map No. 2420205, commonly known as 2502 Melrose
Avenue, N.W. (the "Property"), and owned by the Applicant, and providing that the
Property shall be used by the Applicant exclusively for charitable or benevolent
purposes on a non-profit basis; and
WHEREAS, in consideration of Council's adoption of this Ordinance, the
Applicant has voluntarily agreed to pay each year a service charge in an amount 'equal
to twenty percent (20%) of the City of Roanoke's real estate tax levy which would be
applicable to the Property were the Property not exempt from such taxation, for so long
as the Property is exempted from such taxation.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. Council classifies and designates Goodwill Industries of the Valleys, Inc.,
as a charitable or benevolent organization within the context of Section 6(a)(6) of Article
X of the Constitution of Virginia, and hereby exempts from real estate taxation certain
real estate, identified by Roanoke City Tax Map No. 2420205, commonly known as
2502 Melrose Avenue, N. W., and owned by the Applicant, which property is used
exclusively for charitable or benevolent purposes on a non-profit basis; continuance of
this exemption shall be contingent on the continued use of the property in accordance
with the purposes which the Applicant has designated in this Ordinance.
2. In consideration of Council's adoption of this Ordinance, the Applicant
agrees to pay to the City of Roanoke on or before October 5 of each year a service
charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate
tax levy which would be applicable to the Property, were the Property not exempt from
such taxation, for so long as the Property is exempted from such taxation.
3. This Ordinance shall be in full force and effect on July 1, 2009, if by such
time a copy, duly executed by an authorized officer of the Applicant, has been filed with
the City Clerk.
4. The City Clerk is directed to forward an attested copy of this Ordinance,
after it is properly executed by the Applicant, to the Commissioner of the Revenue and
the City Treasurer for purposes of assessment and collection, respectively, of the
service charge established by this Ordinance, and to Bruce Phipps, President and Chief
Executive Officer, and the authorized agent of Goodwill Industries of the Valleys, Inc.
5. Pursuant to Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
296
ACCEPTED, AGREED TO AND EXECUTED by Goodwill Industries of the Valley, I
Inc., this _ day of ,2009.
GOODWILL INDUSTRIES OF THE VALLEY, INC.
By
(SEAL)
Printed Name and Title
APPROVED
ATTEST:
~h1.m~
Stephanie M. Moon, CMC l
City Clerk
<;:j)~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 18th day of May, 2009.
No. 38463-051809.
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 1010 Montrose Avenue, S. E., Official Tax No. 4122613, rezoned
from RM-1, Residential Mixed Density District, to IN, Institutional District, in order to
place the property in a zoning district which is consistent with its current use, for the
public necessity, convenience, and general welfare, and to promote good zoning
practice;
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;
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297
WHEREAS, a public hearing was held by City Council on such application at its
meeting on May 18, 2009, after due and timely notice thereof as required by 936.2-540,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest
and citizens were given an opportunity to be heard, both for and against the proposed
rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the
public necessity, convenience, general welfare and good zoning practice, require the
rezoning of the subject property, and for those reasons, is of the opinion that the
hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax No. 4122613, located at 1010
Montrose Avenue, S. E., be and is hereby rezoned from RM-1, Residential Mixed
Density District, to IN, Institutional District, in order to place the property in a zoning
district which is consistent with its current use, for the public necessity, convenience,
and general welfare, and to promote good zoning practice, as set forth in the Zoning
Amendment Application dated March 19, 2009.
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:
~OO:;Mr:;~W
City Clerk
Q)Q
David A. B
Mayor
298
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
I
The 18th day of May, 2009.
No. 38464-051809.
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 properties 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
properties located on Orange Avenue, N. E., Official Tax Nos. 3210101 and 3210105,
rezoned from CN, Commercial Neighborhood District, to CG, Commercial General
District; properties on Orange Avenue, N. E., Official Tax Nos. 3210106 through
3210113, inclusive, and properties on Purcell Avenue, N. E., Official Tax Nos. 3210114
through 3210119, inclusive, rezoned from RM-2, Residential Mixed Use District to CG,
Commercial General District; and property on Orange Avenue, N. E., Official Tax No.
3221309, rezoned from 1-1, Light Industrial District, to CG, Commercial General District,
in order to place the properties in zoning districts which are consistent with their current I
use, for the public necessity, convenience, and general welfare, and to promote good
zoning practice:
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to
City Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on May 18, 2009, 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 properties, and for those reasons, is of the opinion that the
hereinafter described properties should be rezoned as herein provided.
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THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax Nos. 3210101 and 3210105, located
on Orange Avenue, N. E., be and are hereby rezoned from CN, Commercial
Neighborhood District, to CG, Commercial General District; Official Tax Nos. 3210106
through 3210113, inclusive, located on Orange Avenue, N. E. and Official Tax Nos.
3210114 through 3210119, inclusive, located on Purcell Avenue, N. E., be and are
hereby rezoned from RM-2, Residential Mixed Use District to CG, Commercial General
District; and Official Tax No. 3221309, located on Orange Avenue, N. E., be and is
hereby rezoned from 1-1, Light Industrial District, to CG, Commercial General District, in
order to place the properties in zoning districts which are consistent with their current
u'se, for the public necessity, convenience, and general welfare, and to promote good
zoning practice, as set forth in the Zoning Amendment Application dated March 19,
2009.
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:
~~}~'~~DW
City C"lerk
Q) .{)~...... .
D~ A. Bow;r~n----"
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 18th day of May, 2009.
No. 38465-051809.
AN ORDINANCE allowing the continuance of an existing encroachment caused
by the construction of two outdoor patios and fences for outdoor dining at the Fork in the
City Restaurant located at 551 Marshall Avenue, S. W., that encroach into the public
right-of-way of a portion of Marshall Avenue, S. W. and a portion of 6th Street, S. W.,
upon certain terms and conditions, and dispensing with the second reading of this
ordinance by title.
300
WHEREAS, a public hearing was held on May 18, 2009, pursuant to 915.2-2011,
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.
I
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Authorization is hereby granted to permit the continuance of the existing
encroachments from the property located at 551 Marshall Avenue, S. W., designated as
Roanoke Tax Map No. 1113517, caused by patios and fences that encroach into the
public right-of-way of a portion of Marshall Avenue, S. W., at variable distances ranging
from 2.22 feet to 2.37 feet, with a height that varies from 3 feet to 4 feet, 1.5 inches, and
that encroach into the public right-of-way of 6th Street, S. W., at variable distances
ranging from 2.46 feet to 4.07 feet, with a height from 3 feet, 8.5 inches to 3 feet, 4.5
inches, as more particularly set forth in the City Manager's letter to this Council dated
May 18, 2009.
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.
3. The property owners, its grantees, assigns or successors in interest, shall, I
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 one million dollars 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 owner of 551 Marshall Avenue, LLC, at P. O. Box 8494, Roano~e, Virginia
24014.
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. If
the property owner does not meet the complete requirements stated herein within ninety
days from the date of this ordinance, the authorization granted by this ordinance shall I
be of no further force and effect.
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6. Pursuant to Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with
The undersigned, the owner of 551 Marshall Avenue, S.W., Roanoke, Virginia, and
designated as Roanoke Tax Map No. 1113517, hereby acknowledges that he has read
and understands the terms and conditions stated above and agrees to comply with
those provisions.
551 MARSHALL AVENUE, LLC
By
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 , 2009,
by , the of 551 Marshall
Avenue, L.L.C.
My Commission expires:
Notary Public
Registration No.
APPROVED
ATTEST:
~n.~~~~1YV
City Clerk
~~
David A. Bowers
Mayor
302
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
I
The 18th day of May, 2009.
No. 38466-051809.
AN ORDINANCE authorizing the City Manager to execute a lease agreement
between George Krapf, Jr. & Sons, Inc. ("Krapf"), the City of Roanoke, Virginia, and the
School Board of the City of Roanoke, Virginia, for Krapf to lease a portion of Tax Map
Parcel No 6610101, containing approximately 632,638 square feet of space, known
generally as the School Transportation Facility, commencing July 1, 2009, and
continuing for a five year term, through June 30, 2014; and dispensing with the second
reading of this ordinance by title.
WHEREAS, a public hearing was held on May 18, 2009, 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 the City Clerk are hereby authorized, to execute I
and attest, respectively, in a form approved by the City Attorney, a lease agreement
between Krapf, the City of Roanoke, Virginia and the School Board of the City of
Roanoke, Virginia, for Krapf to lease a portion of Tax Map Parcel No. 6610101,
containing approximately 632,638 square feet, known generally as the School
Transportation Facility, and located at 5401 Barns Avenue, N.W., Roanoke, Virginia, to
be used by Krapf to provide transportation services for the school division, commencing
July 1, 2009, and continuing for a five year term, through June 30, 2014, at an initial rate
of $60,000.00 per year, upon certain terms and conditions, and as more particularly
described in the City Manager's letter to this Council dated May 18, 2009.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ht.YhUiJN
Stephanie M. Moon, CMC l
City Clerk
S>~..---
David A. Bowers
Mayor
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303
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of June, 2009.
No. 38467-060109.
A RESOLUTION authorizing the City Manager's issuance and execution of
additional Amendments to the City's contract with AECOM USA, Inc., for additional
professional services for the second year of the City's Transportation Structures
Inspection Program (2008-2010); and authorizing the City Manager to take such actions
and execute such documents as may be necessary to provide for the implementation,
administration, and enforcement of all such Amendments to the above mentioned
Contract, as well as the Contract itself.
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 AECOM USA, Inc., for additional professional services for the second year
of the City's Transportation Structures Inspection Program (2008-2010), all as more fully
set forth in the City Manager's letter to this Council dated June 1, 2009.
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 $75,500.00, all as set forth in the above
letter.
4. The City Manager is further authorized to take such actions and execute
such documents as may be necessary to provide for the implementation, administration,
and enforcement of all such Amendments to the above mentioned Contract, as well as
the Contract itself.
APPROVED
ATTEST:
;n. (f}OW
Step anie M. Moon, CMC
City Clerk
g~~~
Mayor
--------t{
304
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of June, 2009.
No. 38468-060109.
A RESOLUTION authorizing the City Manager's issuance and execution of
additional Amendments to the City's contract with Mattern & Craig, Inc., for additional
professional services for the second year of the City's Transportation Structures
Inspection Program (2008-2010); and authorizing the City Manager to take such actions
and execute such documents as may be necessary to provide for the implementation,
administration, and enforcement of all such Amendments to the above mentioned
Contract, as well as the Contract itself.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager is hereby authorized, for and on behalf of the City, to
issue and execute such additional Amendments as may be necessary to the City's
contract with Mattern & Craig, Inc., for additional professional services for the second
year of the City's Transportation Structures Inspection Program (2008-2010), all as
more fully set forth in the City Manager's letter to this Council dated June 1, 2009.
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 $74,500.00, all as set forth in the above
letter.
4. The City Manager is further authorized to take such actions and execute
such documents as may be necessary to provide for the implementation, administration,
and enforcement of all such Amendments to the above mentioned Contract, as well as
the Contract itself.
APPROVED
ATTEST:
~ fniO)ol>V
Stephanie M. Moon, CMC
City Clerk
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305
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of June, 2009.
No. 38469-060109.
AN ORDINANCE authorizing the City Manager to execute Amendment No.3 to
the Agreement for the Development of Colonial Green dated December 27, 2004, such
Amendment No. 3 to be entered into by the City and Colonial Green, L.C.; and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1 . The City Manager and the City Clerk are authorized to execute and attest,
respectively, on behalf of the City of Roanoke, in form approved by the City Attorney,
Amendment No.3 to the Agreement 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 City Manager's letter to this Council dated June 1, 2009.
2. Pursuant to the provisions of 912 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~Jn. h-JOiW
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of June, 2009.
No. 38470-060109.
A RESOLUTION concurring in the recommendations of the Roanoke Arts
Commission Funding Advisory Committee's ("Committee") allocation of City funds to
various nonprofit agencies and for performance audits in connection thereto for Fiscal
Year 2009-2010; and authorizing the City Manager to execute a contract with the Arts
Council of the Blue Ridge to perform the necessary performance audits to evaluate the
effectiveness and efficiency of all funded programs for such recipient agencies.
306
WHEREAS, the Fiscal Year 2009-2010 budget approved by City Council for the I
Roanoke Arts Commission provides for funding in the amount of $287,696.00;
WHEREAS, in order to obtain an allocation for such funds, it was necessary for
agencies to file applications with the Roanoke Arts Commission Agency Funding
Advisory Committee;
WHEREAS, requests for City funding in the total amount of $419,350.00 were
received by Roanoke Arts Commission Agency Funding Advisory Committee from
eleven (11) agencies;
WHEREAS, after studying each application and holding allocation meeting
hearings, the Committee has recommended allocation of funding to certain applicant
agencies for Fiscal Year 2009-2010; and
WHEREAS, performance audits are to be conducted for each agency receiving
funding by the Arts Council of the Blue Ridge in order to evaluate the effectiveness and
efficiency of the funded programs of such agencies.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. Council concurs in the recommendations of the Roanoke Arts Commission I
to the allocations for funding of various nonprofit agencies and the execution of
performance audits in connection thereto for Fiscal Year 2009-2010, as more
particularly set forth in the City Manager's letter dated June 1, 2009, to Council, and the
attachment to that report.
2. The City Manager or her designee is authorized to execute a contract with
the Arts Council of the Slue Ridge to perform the necessary performance audits to
evaluate the effectiveness and efficiency of all funded programs; such contract to be
approved as to form by the City Attorney.
APPROVED
ATTEST:
~rn. fr]6o-rJ
Stephanie M. Moon, CMC
City Clerk
~
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307
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of June, 2009.
No. 38471-060109.
AN ORDINANCE to transfer funding to specific Art Commission agencies,
amending and reordaining certain sections of the 2009-2010 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 2009-2010 General Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Subsidies
Virginia Museum of Transportation
Blue Ridge Public Television
Roanoke Symphony Society
Opera Roanoke
Science Museum of Western Virginia
Roanoke Ballet Theatre
Southwest Virginia Ballet
Young Audiences of Virginia
Arts Council of the Blue Ridge
Taubman Museum
Jefferson Center Foundation L TO
Arts Commission
01-300-5221-3700
01-300-5221-3714
01-300-5221-3726
01-300-5221-3736
01-300-5221-3762
01-300-5221-3774
01-300-5221-3779
01-300-5221-3794
01-300-5221 -3802
01-300-5221-3909
01 -300-5221-391 0
01-300-5221 -3944
01-300-5221-3961
($ 287,696.00)
37,200.00
5,000.00
45,700.00
15,500.00
63,725.00
9,000.00
10,000.00
8,700.00
21,600.00
38,000.00
31,000.00
2,271.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
. ~lr71 h;otW
Stephanie M. Moon, CMC
City Clerk
S])'Q~
David A. Bowers
Mayor
308
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 1 st day of June, 2009.
No. 38472-060109.
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 2009-2010; 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 2009-2010 budget approved by City Council for the
Human Services Advisory Board provides for funding in the amount of $478,424.00;
WHEREAS, in order to obtain an allocation for such funds, it was necessary for
agencies to file applications with the Human Services Advisory Board;
WHEREAS, requests for City funding in the total amount of $1,000,821.00 were
received by the Human Services Advisory Board from thirty-eight (38) agencies (50 I
programs);
WHEREAS, after studying each application and holding allocation meeting
hearings, the Board has recommended allocation of funding to certain applicant
agencies for Fiscal Year 2009-2010; and
WHEREAS, performance audits are to be conducted for each agency receiving
funds through the Board 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 2009-2010 as more particularly set forth in the City Manager's
letter dated June 1, 2009, to this Council, and the attachment to that report.
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309
2. The City Manager or her designee is authorized to execute a contract with
the qualified agencies for provision of services, and to execute a contract with the
Council of Community Services to perform the necessary audits to evaluate the
effectiveness and efficiency of all funded programs; all such contracts to be approved
as to form by the City Attorney.
APPROVED
ATTEST:
~rn'0~pyJ
Stephanie M. Moon, CMC
City Clerk
'SJfg;:;g:::;--
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of June, 2009.
No. 38473-060109.
AN ORDINANCE to transfer funding to specific Human Services Committee
agencies, amending and reordaining certain sections of the 2009-2010 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 2009-2010 General Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows, in part:
Appropriations
Subsidies
YMCA- Y Achievers
YWCA-Focus Forward
Bradley Free Clinic
League of Older Americans-
Meals on Wheels
Unified Human Services-
Transportation (RADAR)
Northwest Child Development
Center
01-630-5220-3700
01-630-5220-3708
01-630-5220-3709
01-630-5220-3721
01-630-5220-3722
$ (478,424.00)
5,000.00
7,000.00
8,000.00
30,000.00
01-630-5220-3725
16,800.00
01-630-5220-3734
13,038.00
310
Roanoke Valley Speech & 01-630-5220-3738 5,000.00
Hearing Center I
West End Center 01-630-5220-3745 20,000.00
Adult Care Center 01-630-5220-3746 5,600.00
Conflict Resolution Center-Court 01-630-5220-3748 14,400.00
Connect
Roanoke Adolescent Health 01-630-5220-3767 16,000.00
Partnership
Court Appointed Special 01-630-5220-3775 5,000.00
Advocate
Greenvale School 01-630-5220-3780 17,000.00
Blue Ridge Independent Living 01-630-5220-3781 11,900.00
Center
Mental Health Association of 01-630-5220-3784 6,000.00
Roanoke Valley
Southwestern V A Second 01-630-5220-3788 5,000.00
Harvest Food Bank
Planned Parenthood of the Blue 01-630-5220-3795 8,000.00
Ridge
St. John's Community Youth 01-630-5220-3797 12,000.00
Program
V A Skyline Girl Scouts Council 01-630-5220-3798 5,000.00
Presbyterian Community Center- 01 -630-5220-3801 9,000.00 I
Pathways for Youth
Presbyterian Community Center- 01-630-5220-3903 5,000.00
Pathfinders
Children's Advocacy Center 01 -630-5220-391 5 9,000.00
Apple Ridge Farm 01-630-5220-3917 14,000.00
Family Service-ACTION 01-630-5220-3919 25,000.00
Family Service-Home Care 01 -630-5220-3920 15,300.00
Family Service-Family & 01-630-5220-3921 18,000.00
Individual Counseling
Family Service-Adults Plus 01 -630-5220-3922 15,000.00
Blue Ridge Legal Services 01-630-5220-3923 12,000.00
Goodwill Industries of the 01-630-5220-3926 12,000.00
Valleys, Inc.
Roanoke Valley Interfaith 01 -630-5220-3927 5,600.00
Hospitality Network
Salvation Army-Turning Point 01-630-5220-3929 16,500.00
Salvation Army-Emergency 01-630-5220-3930 7,000.00
Shelter
CHIP-Family Strengthening 01 -630-5220-3932 24,000.00
Program I
CHIP-Care Coordination Program 01-630-5220-3933 21,600.00
YMCA of Roanoke Valley-Magic 01-630-5220-3934 5,500.00
311
Place
I Council of Community Services- 01-630-5220-3940 12,000.00
Monitoring
Council of Comml.;lnity Services- 01 -630-5220-3946 9,000.00
Non-Profit
Commonwealth Catholic 01-630-5220-3960 9,000.00
Charities
Roanoke Regional Chamber of 01-630-5220-3964 5,000.00
Commerce
CHIP-Mental Health Services 01 -630-5220-3965 18,186.00
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Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ ;)r-;. hJ{)6YtJ
Stephanie M. Moon, CMC
City Clerk
9~c;R=-
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of June, 2009.
No. 38474-060109.
AN ORDINANCE to appropriate funding from the Department of Technology
Retained Earnings to various Department of Technology projects, amending and re-
ordaining 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 certain 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:
312
Appropriations
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Fund Balance
Retained Earnings - Available
13-430-9804-9003
13-430-9822-9003
13-430-9842-9003
13-430-9845-9003
13-430-9870-9003
13-430-9936-9003
13-430-9937 -9003
13-430-9938-9003
13-430-9939-9003
13-430-9940-9003
13-3348
$ 30,000.00
18,000.00
18,000.00
30,000.00
75,000.00
20,000.00
25,000.00
10,000.00
8,500.00
12,500.00
I
(247,000.00)
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 hjbUYJ
Stephanie M. Moon, CMC
City Clerk
J'-Q0t~ I
David A. Bowers I
Mayor .
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 st day of June, 2009.
No. 38475-060109.
AN ORDINANCE to appropriate funding from the Commonwealth and Federal
governments, 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:
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School Fund
Appropriations
Regular Education 301-110-0000-1000-0000-61100-41121-9-00 $1,504,565.00
Classroom
Instruction
Teacher District
Wide
Fund Balance
General Fund - 301-000-0000-0000-0000-00000-53201-0-00 (1,504,565.00)
Undesignated
School Food Service
Fund
Appropriations
School Food 321-320-0000-1000-0000-65100-46602-9-00
Service District
Wide
Fund Balance
Food Services 301-000-0000-0000-0000-00000-53206-0-00
Fund -
Undesignated
444,507.00
(444,507.00)
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'r), ")bMJ
Stephanie M. Moon, CMC
City Clerk
3~~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38476-061509.
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.
314
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 $104,441.00 from the Compensation Board of
the Commonwealth of Virginia through June 30, 2010, with a local match of $27,549.00,
as more particularly described in the letter of the City Manager to Council, dated
June 15,2009.
2. The City Manager is hereby authorized to accept, execute, and file on
behalf of the City of Roanoke any and all documents required to obtain such funding.
All such documents to be approved as to form by the City Attorney.
3. The 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:
~rn.~~
Stephanie M. Moon, CMC
City Clerk
~~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38477-061509.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the
2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
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Appropriations
Regular Employee Salaries
City Retirement
FICA
Medical Insurance
Dental Insurance
Life Insurance
Disability Insurance
Telephone
Cellular Telephone
Administrative Supplies
Dues and Memberships
Training and Development
Postage
Other Rental
Revenues
Regional Drug Prosecutor FY1 O-Comp Board
Regional Drug Prosecutor FY1 O-Local Match
35-150-4500-1 002
35-1 50-4500-11 05
35-150-4500-1120
35-150-4500-1125
35-150-4500-1126
35-150-4500-1130
35-150-4500-1131
35-150-4500-2020
35-150-4500-2021
35-150-4500-2030
35-150-4500-2042
35-150-4500-2044
35-150-4500-2160
35-150-4500-3075
35-150-4500-4500
35-150-4500-4501
315
$ 84,796.00
13,076.00
6,487.00
9,737.00
553.00
696.00
24.00
1,000.00
1 ,000.00
3,471.00
100.00
2,000.00
50.00
9,000.00
104,441.00
27,549.00
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:
~tn. fr-JOiJYV
Stephanie M. Moon, CMC
City Clerk
9J(f?f7 .
~~~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38478-061509.
A RESOLUTION accepting the Public Safety Answering Point (PSAP) Grant to
the City from the Virginia Wireless E-911 Services Board, and authorizing execution of
any required documentation on behalf of the City.
316
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 I
Point Grant offered by the Virginia Wireless E-911 Services Board in the amount of
$150,000.00, to enhance the City of Roanoke's wireless E-911 capabilities. There is no
matching fund requirement for this grant. The grant is more particularly described in the
letter of the City Manager to Council, dated June 15, 2009.
2. The City Manager and the City Clerk are hereby authorized to execute
and attest, on behalf of the City, any necessary documents to accept the grant, in a
form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information
as may be required in connection with the City's acceptance of this grant.
APPROVED
ATTEST:
~m. rr-;~VYJ
Stephanie M. Moon, CMC
City Clerk
g~~
Mayor
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38479-061509.
AN ORDINANCE to appropriate funding from the Virginia Wireless E-911
Services Board Grant to the E-911 Upgrades Hardware/Software project, amending and
re-ordaining 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 certain 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 13-430-9870-9007
Revenue
E-911 Wireless Board State Grant 13-430-9870-9870
$ 150,000.00
(150,000.00)
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Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ 'h1.l"h{)~
Stephanie M. Moon, CMC I
City Clerk
3'-~~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38480-061509.
AN ORDINANCE to appropriate funding from the State Asset Sharing Program
and Department of Justice Federal Asset Sharing Program for enhancing law
enforcement operations, 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
Expendable Equipment
Revenues
State Asset Forfeiture - Interest
State Asset Forfeiture
DoJ Federal Asset Forfeiture
DoJ Federal Asset Forfeiture - Interest
35-640-3302-2035
35-640-3304-2035
$ 62,027.00
418,743.00
35-640-3302-3299
35-640-3302-3300
35-640-3304-3305
35-640-3304-3306
1 ,415.00
60,612.00
340,348.00
78,395.00
318
Pursuant to the provisions of Section 12 of the City Charter, the second reading I I
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ rY). :.:1 G'DvV
Stephanie M. Moon, CMC
City Clerk
2JrY1?~
~~~ ;owers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38481-061509.
A RESOLUTION authorizing the acceptance of a grant in the amount of I
$295,861.00 from the Virginia Department of Social Services ("VOSS") and authorizing
the City Manager to execute a Letter of Extension and Agreement Modification of the
Memorandum of Agreement between City of Roanoke and VOSS for such funds for
local supervision and operation of the Virginia Institute for Social Service Training
Activities ("VISST A") 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 VISST A Piedmont Area Training Center, in the amount.
of $295,861.00 for the Fiscal Year 2010, as set forth in the City Manager's letter dated
June 15, 2009, to this Council is hereby ACCEPTED.
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2. The City Manager, or her designee, is hereby authorized to execute a
Letter of Extension and Agreement Modification of the Memorandum of Agreement
between the City of Roanoke and VOSS, 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:
~OY).~u~
Stephanie M. Moon, CMC
City Clerk
.st Q UrOMM^^-
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38482-061509.
AN ORDINANCE to reduce funding from the Virginia pepartment of Social
Services, for the Virginia Institute for Social Service Training Activities (VISST A),
amending and reordaining certain sections of the 2009-2010 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 2009-2010 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
Disability Insurance
Telephone
Administrative Supplies
Employee Programs
Program Activities
Printing
Business Meals and Travel
01-630-5318-1 002
01-630-5318-1105
01-630-5318-1120
01-630-5318-1130
01-630-5318-1131
01-630-5318-2020
01-630-5318-2030
01-630-5318-2043
01-630-5318-2066
01-630-5318-2075
01-630-5318-2144
$(47,116.00)
(6,924.00)
(3,506.00)
(386.00)
34.00
671.00
(444.00)
(12,200.00)
(102,475.00)
1,423.00
700.00
320
Postage
Xerox Lease
Other Rental
Revenues
VISST A
(250.00)
3,019.00
(9,239.00)
(176,693.00)
01-630-5318-2160
01-630-5318-3045
01-630-5318-3075
01-110-1234-0671
Pursuant to the provisions of Section 12 of the City Charter, the second- reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ dn. fYJdtveJ
Stephanie M. Moon, CMC
City Clerk
9<<11-
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38483-061509.
A RESOLUTION accepting a grant from the Kiwanis Club of Roanoke 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 hereby accepts the Kiwanis Club of Roanoke grant in the amount
of $10,000.00, such funding to be used for the development of amenities along the 3.1
mile Lick Run Greenway, all of which is more particularly described in the City
Manager's letter dated June 15,2009, to City Council.
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2. The City Manager and the City Clerk are hereby authorized to execute
and attest, respectively, on behalf of the City, any and all documents required by the
Kiwanis Club of Roanoke pertaining to such grant, such documents approved as to form
by the City Attorney, and to furnish such additional information as may be required by
the Kiwanis Club of Roanoke in connection with the grant.
APPROVED
ATTEST:
~ IY}. iYJb~
Stephanie M. Moon, CMC
City Clerk
-::jJ~QK=-
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38484-061509.
AN ORDINANCE to appropriate funding from the Roanoke Kiwanis Club for the
development of amenities along the Lick Run Greenway, 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
Revenues
Kiwanis Grant FY09
35-620-4361-2035
$ 10,000.00
35-620-4361-4361
10,000.00
322
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:
~ frJ, ~D1W
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38485-061509.
A RESOLUTION authorizing the City Manager to designate the Council of
Community Services to apply for and administer an American Recovery and
Reinvestment Act (ARRA) 2009 Strengthening Communities grant to provide funds for I
operation of the Non-Profit Resource Center.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager is hereby authorized to designate the Council of
Community Services to apply for and administer an American Recovery and
Reinvestment Act (ARRA) 2009 Strengthening Communities grant fund, HHS-2009-
ACF-OCS-SN-0092, as more particularly set forth in the letter dated June 15, 2009,
from the City Manager to this Council.
2. The City shall have no further responsibility with regard to this grant, and
the grant funds shall not come to or pass through the City.
APPROVED
ATTEST:
~J17.h;ovvJ
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
I
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323
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38486-061509.
A RESOLUTION authorizing the City Manager to execute Amendment No. 1 to
the 2006/2007 CDBG and HOME Agreement with Blue Ridge Housing Development
Corporation, Inc., dated December 1, 2006, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized on behalf of
the City to execute and attest, respectively, Amendment No.1 to the 2006/2007 CDBG
and HOME Agreement with Blue Ridge Housing Development Corporation, Inc., dated
December 1, 2006, relating to the Officer at Home II project, for the purpose of
deobligating funds in the amount of $106,186.00, upon such terms and conditions as
are more particularly set forth in the City Manager's letter dated June 15, 2009, to City
Council.
2. The form of such Amendment No.1, and any necessary amendments
thereto, shall be approved by the City Attorney.
APPROVED
ATTEST:
~m. n;ovvV
Stephanie M. Moon, CMC
City Clerk
SD~~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38487-061509.
A RESOLUTION authorizing the City Manager to execute Amendment No. 2 to
the 2007/2008 CDBG and HOME Agreement with Blue Ridge Housing Development
Corporation, Inc., dated September 1,2007, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
324
1. The City Manager and the City Clerk are hereby authorized on behalf of I
the City to execute and attest, respectively, Amendment No.2 to the 2007/2008 CDBG
and HOME Agreement with Blue Ridge Housing Development Corporation, Inc., dated
September 1, 2007, relating to the New Gilmer project, for the purpose of deobligating
funds in the amount of $82,560.00, upon such terms and conditions as are more
particularly set forth in the City Manager's letter dated June 15, 2009, to City Council.
2. The form of such Amendment No.2, and any necessary amendments
thereto, shall be approved by the City Attorney.
APPROVED
ATTEST:
~0. r'r-;orrrv
Stephanie M. Moon, CMC
City Clerk
9~~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 15th day of June, 2009.
No. 38488-061509.
A RESOLUTION establishing and approving an increase to the monthly pass
price for the Greater Roanoke Transit Company (GRTC), dba Valley Metro, service for
people with disabilities under the Specialized Transit Arranged Ride (STAR) Program;
and authorizing the City Manager to take any necessary action to accomplish the
implementation, administration, and enforcement of such monthly pass price increase.
WHEREAS, the GRTC Board of Directors has approved and adopted an
increased monthly pass price for GRTC's service for the STAR Program from $84.00
per month to $96.00 per month as set forth in the City Manager's letter dated June 15,
2009, to this Council; and
WHEREAS, GRTC has requested that City Council establish and approve such
increased monthly pass price pursuant to Section 34-22 (a) of the Code of the City of
Roanoke.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as I
follows:
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325
1. City Council hereby establishes and approves the increased monthly pass
price for GRTC service for the STAR Program as set forth above from $84.00 per month
to $96.00 per month that was approved and adopted by the GRTC Board of Directors,
all as set forth in the City Manager's letter dated June 15, 2009, such increased monthly
pass price to be effective on July 6,2009.
2. The City Manager is hereby authorized to take any necessary action to
accomplish the implementation, administration, and enforcement of such monthly pass
price increase.
3. The City Clerk is directed to certify a copy of this Resolution to the
General Manager of GRTC.
APPROVED
ATTEST:
~.~'rr;oMJ
Stephanie M. Moon, CMC
City Clerk
QJQo?~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38489-061509.
AN ORDINANCE to appropriate funding from the Economic and Community
Development Reserve for the Enterprise Zone Projects, amending and reordaining
certain sections of the 2009-2010 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 2009-2010 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Appropriated from General Revenue
Fund Balance
Economic and Community Development
Reserve - Unappropriated
08-310-9736-9003
08-31 0-9630-9003
$ 200,000.00
50,000.00
08-3365
(250,000.00)
326
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:
h~h? hJO~
Stephanie M. Moon, CMC
City Clerk
gQC5J~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38490-061509.
AN ORDINANCE to appropriate funding from the Commonwealth and to transfer
funding from the Department of Social Services to the Comprehensive Services Act, I
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
Fleet Capital Billing
Burial Expenses
Auxiliary Grant Program
General Relief
Emergency Relief
Purchased Services
TFC Non-IVE Children
Fees for Professional Services
Revenues
CSA-State Supplemental
01-530-421 0-7027
01-630-1270-2301
01-630-5313-3120
01-630-5313-3125
01 -630-5314-3145
01-630-5316-3160
01-630-541 0-4606
01-630-5411-2010
01-110-1234-0692
$ (30,000.00)
(2,000.00)
(20,000.00)
(3,750.00)
(30,000.00)
(13,950.00)
350,000.00
(5,300.00)
245,000.00
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Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~~ J'h, <<JbrrV
Stephanie M. Moon, CMC
City Clerk
Q1~
~~=:---
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38491-061509.
AN ORDINANCE to readopt and reenact the Code of the City of Roanoke
(1979), as amended; and dispensing with the second reading by title of this ordinance.
WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council
adopted and enacted a new code for the City of Roanoke entitled the Code of the City
of Roanoke (1979) (hereinafter sometimes referred to as the "City Code");
WHEREAS, such Code, as amended, contains certain provisions which
incorporate by reference portions of the Code of Virginia (1950), as amended,
(hereinafter "State Code");
WHEREAS, from time to time, certain of these State Code sections which are
incorporated by reference in the City Code have been amended by the General
Assembly;
WHEREAS, such amendments are a matter of public record which are set forth
in the Acts of Assembly and supplements and replacement volumes of the State Code;
and
WHEREAS, it is the desire of this Council that those provisions of the City Code
which adopt by reference State Code provisions shall be fully consistent with
enactments of the most recent Session of the General Assembly.
328
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
I
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 I
ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~~IrJ.r>;uwJ
Stephanie M. Moon, CMC
City Clerk
9~:
Mayor
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329
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38492-061509.
AN ORDINANCE amending Section 32-103.23, Requirements, o~ Article II, Real
Estate Taxes Generallv, Division 9, Tax Rate for Certain Enerqv-Efficient Buildinqs, of
Chapter 32, Taxation, of the Code of the City of Roanoke (1979), in order to conform it
with changes in the Code of Virginia that are effective July 1, 2009; 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 32-103.23, Requirements, of Article II, Real Estate Taxes
Generallv, Division 9, Tax Rate for Certain Enerqv-Efficient Buildinqs, of Chapter 32,
Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended
and reordained to read and provide as follows: '
932-103.23. 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 (30) percent, the certification shall be by a qualified architect,
.'fconsodarchitect, professional engineer or licensed 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 architect or liconsod professional 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., Code of
Virginia.
330
2.
This ordinance shall take effect July 1, 2009.
I
3. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is dispensed with.
APPROVED
ATTEST:
~n~~hJD~
City Clerk
~Q~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38493-061509.
AN ORDINANCE to appropriate funding from the Federal government, I
Commonwealth of Virginia, local match, fees, and Roanoke Redevelopment and
Housing Authority for various educational programs 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
Instructional Supervisor
Retiree Health Credit
Social Security
Virginia Retirement
System
Health/Dental
Group Life Insurance
Mileage
Travel
Conventions/Education
Instructional Supplies
Technical Hardware
Capital Equipment
302-11 0-0000-0320-157C-611 00-41124-2-01
302-11 0-0000-0320-157C-611 00-42200-2-01
302-11 0-0000-0320-157C-611 00-42201-2-01
302-11 0-0000-0320-157C-611 00-42202-2-01
302-11 0-0000-0320-157C-611 00-42204-2-01
302-11 0-0000-0320-157C-611 00-42205-2-01
302-11 0-0000-0320-157C-611 00-45551-2-01
302-11 0-0000-0320-157C-611 00-45554-2-01
302-11 0-0000-0320-157C-611 00-46630-2-01
302-11 0-0000-0320-157C-611 00-46650-2-01
302-11 0-0000-0320-157C-611 00-48821-2-01
$29,800.00
322.00
2,280.00
4,115.00
2,731.00
244.00
1,000.00
3,631.00
4,757.00
11,000.00
25,000.00
I
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Capital Data Processing 302-11 0-0000-0320-157C-611 00-48826-2-01 20,000.00
I Instructional Supervisor 302-11 0-0000-0430-157C-611 00-41124-2-01 29,800.00
Retiree Health Credit 302-11 0-0000-0430-157C-611 00-42200-2-01 322.00
Social Security 302-11 0-0000-0430-157C-611 00-42201-2-01 2,280.00
Virginia Retirement 302-11 0-0000-0430-157C-611 00-42202-2-01 4,115.00
System
Health/Dental 302-11 0-0000-0430-157C-611 00-42204-2-01 2,731.00
Group Life Insurance 302-11 0-0000-0430-157C-611 00-42205-2-01 244.00
Mileage 302-11 0-0000-0430-157C-611 00-45551-2-01 1,000.00
Travel 302-11 0-0000-0430-157C-611 00-45554-2-01 5,000.00
Conventions/Education
Instructional Supplies 302-11 0-0000-0430-157C-611 00-46630-2-01 9,388.00
Technical Hardware 302-11 0-0000-0430-157C-611 00-46650-2-01 17,500.00
Capital Data Processing 302-11 0-0000-0430-157C-611 00-48826-2-01 32,500.00
Supplemental Pay 302-11 0-1302-0280-157C-611 00-41129-3-01 24,385.00
Supplemental Pay 302-11 0-1305-0280-157C-611 00-41129-3-01 24,385.00
Social Security 302-11 0-1302-0280-157C-611 00-42201-3-01 1,865.00
Social Security 302-11 0-1305-0280-157C-611 00-42201-3-01 1,865.00
Mileage 302-11 0-1302-0280-157C-611 00-45551-3-01 1,250.00
Mileage 302-110-1305-0280-157C-61100-45551-3-01 1,250.00
Travel 302-11 0-1302-0280-157C-611 00-45554-3-01 7,029.00
Conventions/Education
I Travel 302-11 0-1305-0280-157C-611 00-45554-3-01 7,029.00
Conventions/Education
Parent Involvement 302-11 0-1302-0280-157C-611 00-45585-3-01 7,500.00
Parent Involvement 302-11 0-1305-0280-157C-611 00-45585-3-01 7,500.00
Instructional Supplies 302-11 0-1302-0280-157C-611 00-46630-3-01 5,411.00
Instructional Supplies 302-11 0-1305-0280-157C-611 00-46630-3-01 5,411.00
Capital Data Processing 302-11 0-1302-0280-157C-611 00-48826-3-01 5,000.00
Capital Data Processing 302-11 0-1305-0280-157C-611 00-48826-3-01 5,000.00
Teachers 302-160-0000-1304-101 C-611 00-41121-9-07 8,078.00
Instructional Staff 302-191-0000-0553-325C-61100-41121-3-02 9,470.00
Retiree Health Credit 302-191-0000-0553-325C-61100-42200-3-02 102.00
Social Secu rity 302-191-0000-0553-325C-611 00-42201-3-02 724.00
Virginia Retirement 302-191-0000-0553-325C-61100-42202-3-02 1,308.00
System
Group Life Insurance 302-191-0000-0553-325C-61100-42205-3-02 81.00
Contracted Services 302-191-0000-0553-325C-61100-43311-3-02 5,000.00
Instructional Staff 302-170-3000-1160-304C-61100-41121-3-03 13,955.00
Retiree Health Credit 302-170-3000-1160-304C-61100-42200-3-03 151 .00
Social Security 302-170-3000-1160-304C-611 00-42201-3-03 1,068.00
Virginia Retirement 302-170-3000-1160-304C-61100-42202-3-03 1,927.00
System
Group Life Insurance 302-170-3000-1160-304C-61100-42205-3-03 120.00
I Instructional Supplies 302-120-0000-1 000-305C-611 00-46614-9-09 769.00
Travel 302-110-0000-1070-1348-61100-45551-3-09 5,000.00
332
Teachers
Custodial
Retiree Health Credit
Social Security
Virginia Retirement
System
Health/Dental
Group Life Insurance
Instructional Supplies
Instructional Supplies
Instructional Supplies
Revenues
Federal Grant Receipts
Other Agency Receipts
State Grant Receipts
State Grant Receipts
State Grant Receipts
Federal Grant Receipts
State Revenue
Participating School
Division Fees
Local Match
State Grant Receipts
Federal Grant Funds
302-180-0000-1170-313C-61100-41121-3-04
302-250-0000-1170-313C-64200-41192-3-00
302-180-0000-1170-313C-61100-42200-3-04
302-180-0000-1170-313C-611 00-42201-3-04
302-180-0000-1170-313C-61100-42202-3-04
302-180-0000-1170-313C,;61100-42204-3-04
302-180-0000-1170-313C-61100-42205-3-04
302-110-0000-1 070-316C-611 00-46614-3-09
302-110-1303-0000-1378-61100-46614-2-01
302-110-1303-0000-1378-61100-46614-3-01
302-000-0000-0000-157C-00000-380 10-0-00
302-000-0000-0000-101 C-00000-33808-0-00
302-000-0000-0000-325C-00000-32272-0-00
302-000-0000-0000-304C-00000-32400-0-00
302-000-0000-0000-305C-00000-32220-0-00
302-000-0000-0000-1348-00000-38013-0-00
302-000-0000-0000-313C-00000-32229-0-00
302-000-0000-0000-313C-00000-33802-0-00
302-000-0000-0000-313C-00000-34588-0-00
302-000-0000-0000-316C-00000-32220-0-00
302-000-0000-0000-1378-00000-38365-0-00
45,000.00
25,000.00
4,000.00
5,000.00
5,000.00
I
10,000.00
3,377.00
2,738.00
404.00
78.00
314,640.00
8,078.00
16,686.00
17,220.00
769.00
5,000.00
59,730.00
56,921.00
(19,274.00)
2,738.00
482.00
I
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with. '
ATTEST:
APPROVED
~ /Y-). tr;O'MJ
Stephanie M. Moon, CMC
City Clerk
,f,!'
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38494-061509.
A RESOLUTION authorizing the School Board to renew a loan agreement with
Wachovia Bank, National Association, for the purpose of renewing the $10,000,000.00
line of credit with Wachovia Bank, National Association, entered into by the School
Board, as authorized by City Council's Resolution No. 38153-070708, and to extend the
renewal through July 8, 2010.
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 needs to maintain its own bank accounts; and
WHEREAS, a line of credit has helped to ensure that the School Board does not
overdraft any of its accounts.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. The School Board is hereby authorized to renew a loan agreement with
Wachovia Bank, National Association, in accordance with Virginia Code 922.1-110 for
the purpose of renewing the $10,000,000.00 line of credit with Wachovia Bank, National
Association, entered into by the School.Board pursuant to Resolution No. 38153-
070708, and to extend the renewal through July 8, 2010, as more particularly described
in the letter of the Director of Finance to Council dated June 15, 2009. Such
agreement, 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 $10,000,000.00, which amount is less that the maximum
amount allowed by Virginia Code 9 22.1-110.
APPROVED
ATTEST:
~ frJ, ~ tilJ-",.)
Stephanie M. Moon, CMC .
City Clerk
S)l~A~
Mayor
334
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 15th day of June, 2009.
No. 38495-061509.
A RESOLUTION paying tribute to George C. "Kila" Miller, a native of Roanoke,
for his exemplary public service.
WHEREAS, Mr. Miller is a native of Roanoke and graduated from William
Fleming High School; he earned his bachelor's degree from Elizabeth City State
University in Health and Physical Education, his master's degree from Radford
University in Educational Leadership, and did doctoral studies at Nova University in
School Administration;
WHEREAS, during high school, Mr. Miller lettered in football, wrestling, and track
for All-State; in college football, he made AII-CIAA and was Team Captain in 1971,
during which time the team was CIAA-NAIA Champs; in wrestling, he was a three-time
CIAA Champion, and NAIA District 29 Champ, and Team Captain his Junior and Senior
years; and was inducted in Elizabeth City State University's Hall of Fame for both
wrestling and football;
WHEREAS, Mr. Miller was employed by the Roanoke City Public Schools as a I
Health and Physical Education Teacher at William Fleming High School for 16 years
and Hall Principal for 14 years, Principal at the Noel C. Taylor Learning Academy for
two years, and the Director of Athletics at Central Administration for the past three
years;
WHEREAS, during his tenure, Mr. Miller served in the capacity of Assistant
Coach and Head Coach for the sports of football, wrestling, and track, during which time
his teams amassed many awards and championships, was named District Coach of the
Year for football, wrestling, and girls' track, Virginia State Coach of the Year, and
Regional II National Coach of the Year;
WHEREAS, Mr. Miller took his coaching experience to the professional level by
serving as Coach and Defensive Coordinator for the Virginia Hunters/Roanoke Valley
Express semi-pro football teams, and as Coach for the Gator Boxing ClubNictory
Boxing Club;
WHEREAS, throughout his career Mr. Miller has unselfishly devoted his time and
talent to the youth of the community, and various civic and professional organizations,
and has received various recognitions and awards, including Roanoke's "Key to the
City";
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WHEREAS, throughout his career, Mr. Miller has been both a model of and an
ambassador for his belief that working with youth is very rewarding and although they
represent one-third of today's population, they represent 100 percent of the future and
are our most valuable asset; and
WHEREAS, Mr. Miller will retire from service with the Roanoke City Public
Schools on June 30, 2009, after a long and distinguished career spanning a period of
approximately 35 years.
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 this community and its people
by Mr. George C. Miller.
2. The City Clerk is directed to forward an attested copy of this resolution to
Mr. George C. Miller.
APPROVED
ATTEST:
~ 1'>7. Ir--llYJ
Stephanie M. Moon, CMC
City Clerk
\Sb~~~ --.--
D~~~~-
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38496-061509.
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.
WHEREAS, the Council is advised that S. Deborah Oyler, a Director of the
Economic Development Authority of the City of Roanoke, Virginia, resigned effective
May 4, 2009, from a position the term of which is to expire October 20, 2009, and the
vacancy has not been filled; and
336
WHEREAS, 915.2-4904, Code of Virginia (1950), as amended, provides that I
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
Vickie H. Bibee 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 S. Deborah Oyler which commenced on October 21,
2005, and will expire on October 20, 2009.
APPROVED
ATTEST:
~dY). n;()~
Stephanie M. Moon, CMC
City Clerk
S2)<X!Jj~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 15th day of June, 2009.
No. 38497-061509.
AN ORDINANCE permanently vacating, discontinuing and closing certain public
rights-of-way in the City of Roanoke, as more particularly described hereinafter; and
dispensing with the second reading by title of this ordinance.
WHEREAS, Foot Levelers, Inc., represented by James F. Douthat, Esquire, filed
an application with the Council of the City of Roanoke, Virginia ("City Council"), in
accordance with law, requesting City Council to permanently vacate, discontinue and
close the public rights-of-way described hereinafter;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 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;
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WHEREAS, a public hearing was held on such application by City Council on
June 15, 2009, after due and timely notice thereof as required by 930-14, Code of the
City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on such application;
WHEREAS, it appearing from the foregoing that the land proprietors affected by
the requested closing of the subject public rights-of-way have been properly notified;
and
WHEREAS, from all of the foregoing, City Council considers that no
inconvenience will result to any individual or to the public from permanently vacating,
discontinuing and closing such public rights-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia,
that the public rights-of-way situate in the City of Roanoke, Virginia, and more
particularly described as follows:
6th Street, N. E., from its intersection with Connecticut Avenue to its
terminus with the Foot Leveler's property bearing Official Tax No.
3043004; and an adjacent alley running in a westerly direction from 6th
Street through the property of Foot Leveler's, Inc., to the rear of property
on Compton Street, N. E., bearing Official Tax No. 3071003,
be, and are hereby permanently vacated, discontinued and closed, and that all right and
interest of the public in and to the same be, and hereby is, released insofar as City
Council is empowered so to do with respect to the closed portion of the rights-of-way,
reserving however, to the City of Roanoke and any utility company or public authority,
including, specifically, without limitation, providers to or for the public of cable television,
electricity, natural gas or telephone service, an easement for sanitary sewer and water
mains, television cable, electric wires, gas lines, telephone lines, and related facilities
that may now be located in or across such public rights-of-way, together with the right of
ingress and egress for the maintenance or replacement of such lines, mains or utilities,
such right to include the right to remove, without the payment of compensation or
damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any
other encroachments on or over the easement which impede access for maintenance or
replacement purposes at the time such work is undertaken; such easement or
easements to terminate upon the later abandonment of use or permanent removal from
the above-described public rights-of-way of any such municipal installation or other
utility or facility by the owner thereof.
338
BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision I
Agent, receive all required approvals of, and record with the Clerk of the Circuit Court
for the City of Roanoke, a subdivision plat, with such plat combining all properties which
would otherwise be landlocked by the requested closure, or otherwise disposing of the
land within the rights-of-way to be vacated in a manner consistent with law, retaining
appropriate easements, together with the right of ingress and egress over the same, for
the installation and maintenance of any and all existing utilities that may be located
within the rights-of-way.
BE IT FURTHER ORDAINED that prior to receiving all required approvals of the
subdivision plat referenced in the previous paragraph, the applicant shall give to the
Treasurer for the City of Roanoke a certified check or cash in the amount of Thirty Six
Thousand Eight Hundred Eighty Seven and No/100 Dollars ($36,887.00) as
consideration pursuant to 915.2-2008, Code of Virginia (1950), as amended, for the
vacated rights-of-way.
BE IT FURTHER ORDAINED that the 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 I
other parties in interest who may so request, as Grantees, and pay such fees and
charges as are required by the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of
this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke,
Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for
the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation
has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been met
within a period of twelve (12) months from the date of the adoption of this ordinance,
then such ordinance shall be null and void with no further action by City Council being
necessary.
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339
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:
~ht.~~w
Stephanie M. Moon, CMC
City Clerk
~Wo~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38498-061509.
AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, to amend the Planned Unit Development Plan for William Fleming
High School to include a fieldhouse with bus and car parking areas, and to change the
layout of the various athletic and recreation facilities, including the removal of a baseball
field and addition of two football/soccer/lacrosse fields, on property identified by Official
Tax No. 6460102, located at 3601 Ferncliff Avenue, N. W.; and dispensing with the
second reading by title of this ordinance.
WHEREAS, the City of Roanoke has made application to the Council of the City
of Roanoke, Virginia ("City Council"), to amend the Planned Unit Development Plan for
William Fleming High School to include a fieldhouse with bus and car parking areas,
and to change the layout of the various' athletic and recreation facilities, including the
removal of a baseball field and addition of two football/soccer/lacrosse fields, on
property identified by Official Tax No. 6460102, located at 3601 Ferncliff Avenue, N.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;
340
WHEREAS, a public hearing was held by City Council on such application at its I
meeting on June 15, 2009, 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 for property identified by Official Tax No.
6460102, located at 3601 Ferncliff Avenue, N. 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 for William Fleming High School to
include a field house with bus and car parking areas, and to change the layout of the
various athletic and recreation facilities, including the removal of a baseball field and
addition of two football/soccer/lacrosse fields, on property identified by Official Tax No.
6460102, located at 3601 Ferncliff Avenue, N. W., as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect the amendment of the Planned Unit Development Plan I
for William Fleming High School to include a fieldhouse with bus and car parking areas,
and to change the layout of the various athletic and recreation facilities, including the
removal of a baseball field and addition of two football/soccer/lacrosse fields, on
property identified by Official Tax No. 6460102, located at 3601 Ferncliff Avenue, N.W.,
as set forth in the Zoning Amended Application NO.1 dated April 17, 2009.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ht, hJ~cW
Stephanie M. Moon, CMC
City Clerk
SD-~cE~
Mayor I
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38499-061509.
A RESOLUTION authorizing the proper City officials to make boundary
amendments to the City's Enterprise Zone One A and its Subzone A that will add
certain areas to them; 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
Enterprise Zone One A and its Subzone A that are contiguous to them that are not
currently a part of such Zone areas, but that can be added to them and that will benefit
from the designation of those additional areas as part of the current Enterprise Zone
One A and its Subzone A, as set forth in a letter from the City Manager to Council dated
June 15, 2009;
WHEREAS, the Virginia Enterprise Zone Grant Act of 2005, as amended,
authorizes the amendment of an existing Enterprise Zone to add areas to such Zone
and its noncontiguous Subzones, thereby making qualified business firms within such
an area eligible for Enterprise Zone benefits;
WHEREAS, the addition of certain areas of the City as part of the City's
Enterprise Zone One A and its Subzone 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;
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, 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 and its Subzone A.
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 One A and its Subzone A, which amendments will add additional areas
which are currently outside such Zone areas. Such boundary amendments are more
fully shown on the map attached to the City Manager's letter to Council dated June 15,
2009, and more fully described in such letter.
342
2. The City Manager is hereby authorized to apply, on behalf of the City, to I
the VDHCD for the above mentioned boundary amendments to the City's existing
Enterprise Zone One A and its Subzone A pursuant to the applicable provisions of the
Virginia Enterprise Zone Grant Act, as amended, which boundary amendments will add
to them certain areas, all as more fully set forth in the above mentioned letter.
3. Council hereby certifies that it held a held a public hearing as required by
the Virginia Enterprise Zone 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 and its Subzone A for the Department's review and consideration and to
take such further action as my 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. Such authority shall continue throughout the life
of such Zone One A and its Subzone A.
5. Local incentives applicable for Enterprise Zone One A and its Subzone 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.
I
APPROVED
ATTEST:
~~ h1. ~~
Stephanie M. Moon, CMC
City Clerk
<"^~ !
~nwvvv.A-1
David A. Bowers I
Mayor
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343
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of June, 2009.
No. 38500-061509.
AN ORDINANCE amending Article XV, Short-Term Rental Tax, of Chapter 32,
Taxation, Code of the City of Roanoke (1979), in order to conform it with changes in the
Code of Virginia that are effective July 1, 2009; 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. Chapter 32, Taxation, Article XV, Short-Term Rental Tax, of the Code of
the City of Roanoke (1979), as amended, is hereby amended and reordained to read
and provide as follows:
Article XV Short-Term Rental Tax
Sec. 32-300. Definitions.
For the purposes of this article, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
Affiliated. I\ny common o'lmership interest, in exces€: of fi'Je (5) percent, of any
officer€: or partners in common with the le€:€:or and lessee.For purposes of
determining whether a person is engaged in the short-term rental business as
defined in this section (i) a person is "affiliated" with the lessee of rental property
if such person is an officer, director, partner, member, shareholder, parent or
subsidiary of the lessee, or if such person and the lessee have any common
ownership interest in excess of five percent (5%), (ii) any rental to a person
affiliated with the lessee shall be treated as rental receipts but shall not qualify for
purposes of the eighty percent (80%) requirement of paragraph 1 of the
definition of "short-term rental business" or the sixty percent (60%) requirement
of paragraph 2 of the definition of "short-term rental business", and (Hi) any rental
of personal property which also involves the provision of personal services for the
operation of the persona property rented shall not be treated as gross receipts
from rental, provided however that the delivery and installation of tangible
personal property shall not mean operation for the purposes of this section.
344
Certificate of reqistration. A certificate issued by the commissioner of the revenue I
to persons engaged in the short-term rental business in the city who make
application for such certificate pursuant to section 32-303.
DaHy renta,' proporty. I\I! tangibJo porsonal proporty hold for rental and ol/mod by
a porson ongagod in tho short torm rental businoss, . as dofinod in this sootion,
oxoopt trailors as donnod in sootion 46.2 100, Codo of Virg.inia, and othor
tangiblo porsonal proporty required to bo lioonsod or registerod 'lAth tho
dopartmont of motor '1ohioJos, tho departmont of gamo and inland fishorios or tho
dopartmont of aviation.
Gross proceeds. The total amount oharged, inoluding penalties, late oharges or
interect, to each percon for the rental of daily rental property from a chort term
rental businecs with a valid oertifioate of registration, exoluding any ctate and
looal sales taxes paid pursuant to Chapter 6 of Title 58.1, Code of Virginia. Gross
prooeeds is the taxable basis for the daily rental tax. The total amount charged to
each person for the rental of short-term rental property, excluding any state and
local sales tax paid under the provisions of &58. 1-600, et. sea. , Code of Virginia.
The imposition and collection of a short-term rental property tax with respect to
rental property shall be in lieu of taxation of such rental property as tangible
business personal property in the same tax year.
Gross rental receipts. All proceeds from rentals during the calendar year, except I
that proceeds from rental of personal property which also involves the provision
of personal services for the operation of the personal property rented shall not be
treated as gross receipts from rental. For purposes of this section, the delivery
and installation of tangible personal property shall not mean operation.
Short-term rental business. Any pO,o:'son ongagod in tho short term rental of ckl,i.'y
ronta,' property as defined in this seot/on if not loss than oighty (80) percent of tho
gross rental recoipts of suoh businoss in ::my yoar are from transaotions invo,'ving
renta,' poriods of ninoty tv/o (92) oonsocutivo d::ws or loss, including :1/J
oxtonsions :1nd ronow:1ls to tho same porson or :1 porson :1ffiliatod with tho
Iossor; :1nd p..-ovkJod, that :1ny ,r:ontal to a porson affiliated with tho lossor sh:1,t.' bo
treated :1S rontal roooipts but shaH not qualify for purposos of tho oighty (80)
poroont requiremont. A person is engaged in the short-term rental business if:
1. Not less than eighty percent (80%) of the gross rental receipts of
such business during the preceding year arose from transactions involving
the rental of short-term rental property, other than heavy equipment
property as defined in this, section, for periods of ninety-two (92)
consecutive days or less, including all extensions and renewals to the
same person or a person affiliated with the lessee; or
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2. Not less than sixty percent (60%) of the gross rental receipts of
such business during the preceding year arose from transactions involving
the rental of heavy equipment property for periods of 270 consecutive
days or less, including all extensions and renewals to the same person or
a person affiliated with the lessee. For the purposes of this section,
"heavy equipment property" means rental property of an industry that is
described under code 532412 or 532490 of the 2002 North American
Industry Classification System as published by the United States Census
Bureau, excluding office furniture, office equipment, and programmable
computer equipment and peripherals as defined in 9 58. 1-3503 A 16,
Code of Virginia. Any person who grosses less than four thousand dollars
($4,000.00) in any year in short-term rental receipts from such business
shall not be deemed to be engaged in the short-term rental business for
purposes of this article.
I
Short-term rental propertv. _All tangible personal property held for rental and
owned by a person engaged in the short-term rental business as defined in this
section, excluding (i) trailers as defined in 946.2-100, Code of Virginia, and (ii)
other tangible personal property required to be licensed or registered with the
Department of Motor Vehicles, Department of Game and Inland Fisheries, or
Department of Aviation.
Sec. 32-301. Levy and rate of short-term rental tax.
Pursuant to section 58.1 3510.158.1-3510.6, Code of Virginia, and in addition to
all other taxes of every kind now or hereinafter imposed by law, the city hereby
levies and imposes on every person engaged in the short-term rental business a
tax of one percent (1 %) for those businesses defined in paragraph 1 of the
definition of "short-term rental business': and a tax of one and one-half percent (1
~%) as those defined in paragraph 2 of such definition, on the gross proceeds,
as defined in section 32-300 of this article, of such business. Such tax shall be in
addition to the tax levied pursuant to section 58.1-605, Code of Virginia.
Sec. 32-301 .1. Certificates of registration.
(a) A person who has not previously been engaged in the short-term rental
business who applies for a certificate of registration pursuant to Sec. 32-303 of
this Article shall be eligible for registration upon his certification that he
anticipates meeting the requirements of the definition of a "person engaged in the
"short-term rental business", designated by the applicant at the time of
application, during the year for which registration is sought.
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(b) In the event that the commissioner of the revenue makes a written
determination that a rental business previously certified as short-term rental
business pursuant to Sec. 32-303 of this Article has failed to meet either of the
tests set forth in the definition of a "person engaged in the "short-term rental
business", during a preceding tax year, such business shall lose its certification
as a short-term rental business and shall be subject to the business personal
property tax with respect to all rental property for the tax year in which such
certification is lost and any subsequent tax years until such time as the rental
business obtains recertification pursuant to Sec. 32-303 of this article. In the
event that a rental business loses its certification as a short-term rental business
pursuant to this subsection, such business shall not be required to refund to
customers daily rental property taxes previously collected in good faith and shall
not be subject to assessment for business personal property taxes with respect
to rental property for tax years preceding the year in which the certification is lost
unless the commissioner makes a written determination that the business
obtained its certification by knowingly making materially false statements in its
application, in which case the commissioner may assess the taxpayer the
amount of the difference between short-term rental property taxes remitted by
such business during the period in which the taxpayer wrongfully held
certification and the business personal property taxes that would have been due
during such period but for the certification obtained by the making of the
materially false statements. Any such assessment, and any determination not to
certify or to decertify a rental business as a short-term rental business as defined
in this subsection, may be appealed pursuant to the procedures and
requirements set forth in 958. 1-3983. 1, Code of Virginia, for appeals of local
business taxes, which shall apply mutatis mutandis to such assessments and
certification decisions.
(c) A rental business that has been decertified pursuant to the provisions of
subsection (b) above shall be eligible for recertification for a subsequent tax year
upon a showing that it has met one of the tests provided in the definition of "a
person engaged in the short-term rental business" for at least ten (10) months of
operations during the present tax year.
Sec. 32-302. Exemptions from short-term rental tax.
(a) No tax hereunder shall be collected or payable on rentals to the
Commonwealth of Virginia, to any political subdivision of the Commonwealth, or
to the United States.
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(b) No tax hereunder shall be collected or payable for any rental of durable
medical equipment as defined in subdivision ~1 0 of section 58.1-609J10, Code I
of Virginia.
347
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(c) All rentals exempt from the Virginia Sales and Use Tax pursuant to
Chapter 6 of Title 58.1, Code of Virginia, shall be exempt from this short-term
rental tax.
(d) All exemptions from this tax claimed by short-term rental businesses at the
time of payment of collected taxes shall be proved by filing of appropriate
documentation as directed by the commissioner of the revenue and are subject
to verification by the commissioner at any time.
Sec. 32-303. Short-term rental business application for certificate of registration.
Every person engaging in the business of short-term rental, as defined in section
32-300, shall file an application for a certificate of registration with the
commissioner of the revenue for each place of business in the city from which
short-term rental business will be conducted by the applicant. Such application
shall be filed within thirty (30) days of the beginning of a short-term rental
business. The application shall be on a form prescribed by the commissioner of
the revenue and shall contain:
(a) The name under which the applicant intends to operate the rental
business;
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(b) The location in the city from which the rental business will be conducted
as well as the location of the rental business headquarters;
(c) The total gross receipts from all business conducted at the business
location during the preceding year, including the applicant's total gross rental
receipts and the total receipts from short-term rental of €laHyshort-term rental
property;
(d) A list of all property owned or leased or licensed to the short-term rental
business as of January 1 of the current use year for short-term rental with the
name and address of the owner of such property;
(e) The type of short-term rental business that the applicant is;
(ef) Such other information as the commissioner may require; and
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(fg) An oath by the person making application or an offioor, partnor or du!y
authorizod :lgont for suoh :lppJioant that it is in fact qualified for tax treatment as a
short-term rental business, that is shall collect only those short-term rental taxes
due under the law in the time and manner prescribed by law, and that it shall
remit all short-term rental taxes collected or due and owing to the city. Each
applicant shall sign the application as owner of the rental business. If the rental
business is owned by an association, partnership, limited liability company, or
corporation, the application shall be signed by a member, partner, executive
officer, or other person specifically authorized by the association, partnership,
limited liability company, or corporation to sign.
I
Sec. 32-304. Issuance and effect of certificate of registration for short-term daily
rental business.
Upon approval of the application required by section 32-303 of this article by the
commissioner of the revenue, a certificate of registration shall be issued for each
location from which a short-term rental business is to be conducted or operated
in the city by the applicant. Tho oortifioaro sh:l!J bo produood for inspoction :It tho
requost of tho oommissionor of revonuo or tho oommissionor's s'llorn
doputios.The certificate shall be conspicuously displayed at all times at the place
of business for which it is issued. The certificate is not assignable and shall be
valid only for the person in whose name it is issued and the place of business I
designated.
Sec. 32-305. Collection and record-keeping.
(a) Every person engaged in the short-term rental business with a valid
certificate of registration from the commissioner of the revenue shall collect this
short-term rental tax from the lessee of the 4ailyshort-term rental property at the
time of the rental.
(b) The person collecting this tax shall maintain a record of all rental
transactions for which this tax is collected which record shall contain:
(1) A description of the property rented;
(2) The period of time for which the property was rented;
(3) The name of the person to whom the property was rented; and
(4) The amount charged for each rental, including all late charges,
penalties and interest.
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(c) Every person engaged in the short-term rental business shall maintain a
complete record of all exemptions from payment of this tax granted to renters of
aaHyshort-term rental property, including, in addition to the information specified
in subsection (b) of this section:
(1) A copy of the Virginia Department of Taxation tax-exemption
certificate; or
(2) A copy of the United States tax-exemption certificate, which
certificate must specify that the renter is exempt from sales tax; or
(3) Other explanation and proof of a claimed exemption.
Sec. 32-306. Filing of quarterly tax returns and remittance of tax.
(a) Each certified short-term rental business under the provisions of this
article shall file a quarterly tax return with the commissioner of the revenue,
indicating for the quarter just past:
I
(1 )
(2)
(3)
(4)
The total business gross receipts of the return filer;
The gross proceeds derived from the short-term rental business;
All rental gross proceeds claimed to be exempt from the short-term
rental tax and documentation of each such claim;
The total daily rental tax due the city for the previous quarter's
short-term rental business.
(b) Eaoh :-atum shaH bo aooompaniod by paymont of tho taxos duo and ollling
or oo!feoted by tho oortifiod, shori term ronta! businoss. The quarterly return .aRfi
paymont of tax shall be filed with the commissioner of the revenue on or before
the twontiothfifteenth day of each of the months of April, July, October and
January, rop:-asonting, respeot/voly, tho gross proooeds and taxos oo!looted
during tho proooding quarters on ding Maroh 31, .Juno 30, Soptombor 30 and
Dooombor 31. The commissioner of the revenue shall assess the tax due, and
the short-term rental business shall pay the tax so assessed to the treasurer not
later than the last day of the month following the end of the calendar quarter.
Sec. 32-307. Taxes held in trust for city.
The taxes required to be collected under this article shall be deemed to be held
in trust by the person required to collect such taxes until remitted as required in
this article.
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350
Sec. 32-308. Penalties and interest--Failure to file return or pay'overtaxes.
I
If any person fails to file the returns required by this section or fails or refuses to
remit to the commissioner of the revenue the tax collected and paid under this
article at the time specified in this article, or who makes a false or fraudulent
return with intent to evade the tax levied, or who makes a false claim for refund,
shall be subject to the penalties and interest provided for in section 58.1-635,
Code of Virginia, mutatis mutandis. The assessment of such penalty or interest
shall not be deemed a defense to any criminal prosecution for failure to comply
with any of the requirements of this article.
Sec. 32-309. Uncertified renters prohibited from collecting tax.
No person renting any property or services to any other person shall collect from
the lessee the short-term rental tax authorized by this article unless he has a
valid certificate of registration issued for the current year by the commissioner of
the revenue. Any taxes collected in this manner not authorized by law shall be
forfeited to the city.
Sec. 32-310. Criminal penalties.
Any person subject to the provisions of this article failing or refusing to file a I
return herein required to be made, or failing or refusing to file a supplemental
return or other data required by the commissioner of the revenue, or who makes
a false or fraudulent return with the intent to evade the tax hereby levied, or who
makes a false or fraudulent claim for a refund, or who gives or knowingly
receives a false or fraudulent exemption certificate, or who violates any other
provision of this article, punishment for which is not otherwise herein provided,
shall be guilty of a Class 1 misdemeanor. Conviction of a violation under this
section shall not relieve any person from payment, collection or remittance of the
tax provided for in this article.
Sec. 32-311. Taxation of rental property that is not tJailyshort-term rental
property.
Except for daily rental passenger cars, rental property that is not tJailyshort-term
rental property shall be classified for taxation pursuant to section 58.1-3503,
Code of Virginia.
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351
Sec. 32-312. Collection of tax.
The provisions of section 58.1-625, Code of Virginia, relating to the manner of
collecting the local retail sales and use tax, shall apply mutatis mutandis to the
collection of the short-term rental tax, except that the commissioner of the
revenue shall assess the tax due, and the treasurer shall collect it, instead of the
department of taxation.
Sec. 32-313. Absorption of tax prohibited.
No person shall advertise or hold out to the public, directly or indirectly, that he
will absorb all or any part of the short-term rental tax, or that he will relieve the
consumer or lessee of the payment of all or part of such tax, except as may be
authorized under section 58.1-627 or 58.1-628, Code of Virginia. Any person who
violates this section shall be guilty of a class 2 misdemeanor.
Sec. 32-314. Phasing in provisions for 2009.
That notwithstanding any other provision of law, any person engaged in the
business of renting daily rental property as defined in the city code prior to July 1,
2009, who was collecting the daily rental property tax pursuant to ~58.1-3510.1,
Code of Virginia on December 31, 2008, shall remain eligible to collect such tax
from January 1, 2009, through and including June 30, 2009, without regard to the
requirement that at least eighty percent (80%) of such person's gross receipts
arising from rentals be from rentals of ninety-two (92) days or less including all
extensions.
2. This ordinance shall take effect July 1, 2009.
3. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is dispensed with.
APPROVED
ATTEST:
~ m. YhlJlMJ
Stephanie M. Moon, CMC /
City Clerk
g~
Davia A. Bowers
Mayor
352
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 15th day of June, 2009.
No. 38501-061509.
AN ORDINANCE authorizing execution of a deed of reservation for City-owned
property designated as Tax Map Numbers 1221301 and 1221406 to reserve easements
on the parcels to allow the placement of certain trail improvements and to construct,
operate, and maintain a flood channel 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.
WHEREAS, a public hearing was held June 15, 2009, pursuant to SS 15.2-1800
(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in
interest and citizens were afforded an opportunity to be heard on the proposed deed of
reservation.
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 record I
a deed of reservation for City- owned property designated as Tax Map Numbers
1221301 and 1221406 to reserve easements on the parcels to allow the placement of
certain trail improvements and to construct, operate, and maintain a flood channel 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 15, 2009.
2. Pursuant to Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ 117. Tr;D(}y0
Stephanie M. Moon, CMC
City Clerk
~~~
Mayor
I
353
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2009.
^ No; 38502-070609.
A RESOLUTION establishing a meeting schedule for City Council for the
Fiscal Year commencing July 1,2009, and terminating June 30, 2010.
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, 2009, and terminating June 30,
2010.
2. For such fiscal year, City Council shall hold regular meetings on the
first and third Mondays of each month, at the following times of commencement:
I
(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
on October 18-20, 2009, an exception is noted herein and the regular meeting
scheduled to be held on Monday, October 19, 2009, is rescheduled to be held
on Thursday, October 22, 2009, and shall commence at 2:00 p.m. Such
meeting shall be reconvened at 7:00 p.m. on the same day for the conduct of
public hearings.
I
4. When any regularly scheduled Monday meeting shall fall on a
holiday of the City, such meeting shall be held on Tuesday next following.
354
5. All meetings of City Council shall be automatically adjourned at I
11 :00 p.m., unless a motion setting a new time for adjournment be made,
seconded, and unanimously carried.
6. Except for the 9:00 a.m. session of the regular meeting on the first
Monday in each month, which shall be held in Room 159 of the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., in this City, all regular meetings
of City Council shall be held in the Council Chambers, Room 450, of the
Municipal Building, unless otherwise provided by resolution of Council, with the
exception of the 9:00 a.m. session of the regular meeting on August 3, 2009,
which shall be held in the Roanoke City Public Schools Administration Building
located at 40 Douglass Avenue, 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 I
City Council called pursuant to 910 of the City Charter.
APPROVED
ATTEST:
~'rnl h)oanJ
Stephanie M. Moon, CMC
City Clerk
~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2009.
No. 38503-070609.
A RESOLUTION authorizing the acceptance of two FY 2010 Urban and
Community Forest Grants to fund a part-time Urban Forestry Planner to work
with the City's Urban Forester on Community Outreach in Urban Forestry and
with the City's Urban Forester and Parks and Greenways Planner on Garden City
Greenway Feasibility Study; and authorizing the execution of the necessary
documents, upon certain terms and conditions.
I
355
I
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City of Roanoke hereby accepts the FY 2010 Urban and
Community Forest Grants, in the total amount of $25,000.00, to fund a part-time
Urban Forestry Planner to work with the City's Urban Forester on Community
Outreach in Urban Forestry and with the City's Urban Forester and Parks and
Greenways Planner on Garden City Greenway Feasibility Study; and as more
particularly set forth in the letter dated July 6, 2009, from the City Manager to this
Council.
2. The City Manager and the City Clerk are hereby authorized to
execute and attest, respectively, agreements with the Virginia Department of
Forestry, and any other forms necessary to accept such grants, such documents
to be approved as to form by the City Attorney, and to furnish such additional
information as may be required in connection with the City's acceptance of these
grants.
APPROVED
I
ATTEST:
~6'ol. ,,>b~
Stephanie M. Moon, CMC
City Clerk
J
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2009.
No. 38504-070609.
AN ORDINANCE to appropriate funding from the Commonwealth of
Virginia for the Urban and Community Forestry Grants, amending and
reordaining certain sections of the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
I
356
Appropriations
Regular Employee Salaries
FICA
Regular Employee Salaries
FICA
Regular Employee Salaries
City Retirement
FICA
Medical Insurance
Dental Insurance
Life Insurance
Regular Employee Salaries
City Retirement
FICA
Medical Insurance
Dental Insurance
Life Insurance
Revenues
Urban & Community Forestry Grant FY08
Urban & Community Forestry Grant FY09
Urban & Community Forestry Grant FY10 #1
Urban & Community Forestry Grant FY1 0 #2
35-620-4352-1002
35-620-4352-1120
35-620-4354-1002
35-620..4354-1120
35-620-4356-1002
35-620-4356-11 05
35-620-4356-1120
35-620-4356-1125
35-620-4356-1126
35-620-4356-1130
35-620-4357 -1002
35-620-4357 -1105
35-620-4357-1120
35-620-4357 -1125
35-620-4357-1126
35-620-4357 -1130
35-620-4352-4352
35-620-4354-4354
35-620-4356-4356
35-620-4357 -4357
$ 1,393.00
107.00
3,049.00
233.00
8,986.00
1 ,386.00
688.00
1 ,290.00
76.00
74.00
8,986.00
1 ,386.00
688.00
1,290.00
76.00
74.00
I
1,500.00
3,282.00
12,500.00
12,500.00
I
Pursuant to the provisions of Section 120f the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ Y'rl.OO)h~
Stephanie M. Moon, CMC
City Clerk
3)~~- ~
David A. Bowers
Mayor
I
357
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2009.
No. 38505-070609.
A RESOLUTION accepting the Fiscal Year 2009-2010 funds for 'the
Community Development Block Grant (CD~G), 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 2009-2010 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.
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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 July 6, 2009.
APPROVED
ATTEST:
~~.~~
Stephanie M. Moon, CMC
City Clerk
Q-~.~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2009.
No. 38506-070609.
I
AN ORDINANCE to appropriate funding from the Department of Housing
and Urban Development (HUD) for the Community Development Block Grant
Program, HOME Investment Partnerships Program and Emergency Shelter
Grant Program, amending and reordaining certain sections of the 2009-2010
Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
358
BE IT ORDAINED by the Council of the City of Roanoke that the following I
sections of the 2009-2010 Grant Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
B~HDC Connect Four (CHDO Project 35-Q90-5309-5354 $ (9,000.00)
Funds)
Hurt Park TAP Homeownership (CHDO 35-090-5309-5548 9,000.00
Proj Funds)
BRHDC Officer at Home (CHDO Project 35-090-5364-5312 (49,427.00)
Funds)
BRHDC Officer at Home (CHDO 35-090-5364-5313 (4,018.00)
Operating Funds)
UI1Programmed Funds 06-07 35-090-5364-5482 (78,440.00)
BRHDC Officer at Home (Project Funds) 35-090-5364-5510 (19,664.00)
BRHDC Officer at Home (Admin Funds) 35-090-5364-5511 (10,607.00)
Rehabilitation Reserve (Project Funds) 35-090-5364-5527 30,271 .00
Hurt Park Habitat Homeownership 35-090-5364-5532 78,440.00
(Project Funds)
Hurt Park TAP Homeownership (CHDO 35-090-5364-5548 53,445.00
Proj Funds)
Mortgage Assistance Program (Project 35-090-5366-5399 846.00 I
Funds)
New Gilmer Project (Project Funds) 35-090-5366-5494 (70,000.00)
New Gilmer Project (Admin Funds) 35-090-5366-5495 (12,560.00)
Rehabilitation Reserve (Project Funds) 35-090-5366-5527 82,560.00
Mortgage Assistance Program (Project 35-090-5368-5399 32,877.00
Funds)
Unprogrammed Funds 08-09 35-090-5368-5482 (42,506.00)
Reserve CHDO Project Funds 35-090-5368-5524 (102,658.00)
Reserve CHDO Operating Funds 35-090-5368-5525 (10,266.00)
Rehabilitation Reserve (Project Funds) 35-090-5368-5527 (3,300.00)
Hurt Park Habitat Homeownership 35-090-5368-5532 46,223.00
(Project Funds)
Hurt Park TAP Homeownership (CHDO 35-090-5368-5548 112,924.00
Project Funds)
Homeownership Reserve (Project Funds) 35-090-5370-5526 35,000.00
Rehabilitation Reserve (Project Funds) 35-090-5370-5527 129,230.00
Hurt Park TAP Homeownership (Project 35-090-5370-5530 80,510.00
Funds)
Hurt Park Habitat Homeownership 35-090-5370-5532 426,987.00
(Project Funds)
Hurt Park TAP Homeownership (CHDO 35-090-5370-5548 114,129.00 I
Project Funds)
ESG - YWCA 35-E 10-5170-5250 20,800.00
359
ESG - TRUST 35-E 10-5170-5251 17,320.00
I ESG - TAP Transitional Living Center 35-E 10-5170-5253 25,000.00
ESG - Roanoke Valley Interfaith 35-E 10-5170-5254 19,000.00
Hospitality Network
Hotel Roanoke 108 35-G07 -0730-5135 236,391.00
Unprogrammed CDBG Carryover 35-G07 -07 40-5184 (236,391.00)
Hotel Roanoke 108 35-G08-0830-5135 60,010.00
Unprogrammed CDBG Carryover 35-G08-0840-5184 (48,581.00)
Unprogrammed CDBG Section 108 Loan 35-G08-0840-5188 (5,812.00)
Hotel Roanoke 108 35-G09-0930-5135 32,436.00
CSA Program Services - Reg Employee 35-G09-0939-1002 57,691.00
Salaries
CSA Program Services - Retirement 35-G09-0939-1105 8,927.00
CSA Program Services - FSA Match 35-G09-0939-1118 35.00
CSA Program Services - FICA 35-G09-0939-1120 4,392.00
CSA Program Services - Medical 35-G09-0939-1125 8,042.00
Insurance
CSA Program Services - Dental 35-G09-0939-1126 348.00
Insurance
CSA Program Services - Life Insurance 35-G09-0939-1130 352.00
CSA Program Services - Disability 35-G09-0939-1131 20.00
I Insurance
CSA Program Services - Fees for 35-G09-0939-2010 93.00
Professional Svcs
Unprogrammed CDBG Carryover 35-G09-0940-5184 45,220.00
. Empowering Individuals with Disabilities 35-G 10-1 020-5057 65,000.00
Demolition 35-G 1 0-1 020-51 08 100,000.00
Mortgage Assistance Program (Project 35-G 1 0-1 020-5399 30,000.00
Funds)
Emergency Home Repair - TAP - Project 35-G 1 0-1 020-5470 76,000.00
Emergency Home Repair - TAP - 35-G 1 0-1 020-5483 24,000.00
Delivery
World Changers 2010 - Project 35-G 10-1020-5486 60,000.00
World Changers 2010 - Delivery 35-G 10-1020-5498 15,000.00
Homeownership Reserve 35-G 1 0-1 020-5526 28,221.00
Rehabilitation Assistance Reserve 35-G 1 0-1 020-5527 428,325.00
Hurt Park TAP Homeownership (Project) 35-G 1 0-1 020-5530 63,218.00
Hurt Park Habitat Homeownership 35-G 1 0-1 020-5532 63,500.00
(Project)
Hurt Park TAP Rehab (Project) 35-G 1 0-1 020-5534 134,626.00
Hurt Park TAP Rehab (Delivery) 35-G 1 0-1 020-5535 39,529.00
I Hurt Park TAP Rebuilding Rehab 35-G 1 0-1 020-5538 . 52,000.00
(Project)
360
Hurt Park TAP Rebuilding Rehab 35-G 1 0-1 020-5539 13,000.00
(Delivery) I
Hurt Park RRHA (Project) 35-G 1 0-1 020-5541 303,500.00
Hurt Park RRHA (Delivery) 35-G 10-1020-5542 45,000.00
RRHA Loss Mitigation Counseling 35-G 1 0-1 020-5543 36,000.00
Fair Housing 35-G 1 0-1 021-5284 5,000.00
Historic Review Services 35-G 1 0-1 021-5403 5,000.00
HUD Admin Funds 35-G 1 0-1 021-5436 10,000.00
Historic Sites/Structures Survey 35-G 1 0-1 021-5544 60,000.00
Hotel Roanoke 1 08 35-G 1 0-1 030-5135 154,050.00
Goodwill Job Campus 35-G 1 0-1 030-5520 50,000.00
Hurt Park Bike Patrol - Overtime 35-G 1 0-1 035-1 003 39,046.00
Hurt Park Bike Patrol - FICA 35-G1 0-1 035-1120 2,987.00
Community Based Prevention Svcs - Reg 35-G 10-1036-1002 48,471.00
Salaries
Community Based Prevention Svcs - 35-G1 0-1 036-11 05 7,475.00
Retirement
Community Based Prevention Svcs- 35-G1 0-1 036-1120 3,708.00
FICA
Community Based Prevention Svcs - 35-G1 0-1 036-1125 7,200.00
Medical Ins
Community Based Prevention Svcs- 35-G1 0-1 036-1126 411 .00 I
Dental Ins
Community Based Prevention Svcs - Life 35-G 1 0-1 036-1130 398.00
Ins
Community Based Prevention Svcs - 35-G 1 0-1 036-1131 135.00
Disability Ins
Community Based Prevention Svcs - 35-G 10-1036-2020 1,260.00
Telephone
Community Based Prevention Svcs- 35-G 10-1 036-2021 630.00
Cellular
Community Based Prevention Svcs- 35-G 1 0-1 036-2030 974.00
Administrative
Community Based Prevention Svcs- 35-G 10-1036-2035 6,800.00
Equip<$5,000
Community Based Prevention Svcs - 35-G 10-1036-2046 2,970.00
Local Mileage
Community Based Prevention Svcs- 35-G 1 0-1 036-2144 450.00
MealslTravel
Community Based Prevention Svcs- 35-G 1 0-1 036-3075 4,650.00
Rent
OSW - NDG 35-G 1 0-1 037-5028 11,500.00
Loudon/Melrose - NDG 35-G 1 0-1 037-5245 16,500.00
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Melrose/Rugby Neighborhood Forum - 35-G 10-1037 -5410
NDG
Fairfield Civic - NDG
Mt. View Community Center
Improvements
Southeast Action Forum - NDG 35-G10-1037-5515
Wildwood Civic League - N DG 35-G 10-1037 -5516
Nazarene Neighborhood Watch - NDG 35-G1 0-1 037-5545
Roanoke Community Garden Association 35-G 10-1037-5546
Apple Ridge Farms 35-G 10-1038-5084
Wrap-Around Roanoke - FSRV 35-G10-1038-5491
BISSWV A Case Management 35-G 10-1038-5508
TAP Project Discovery at WFHS 35-G 10-1038-5547
Revenues
HOME Program Income 07-08
HOME Program Income 08-09
HOME Entitlement 09-10
HOME Program Income 09-10
ESG Entitlement 09-1 0
Hotel Roanoke Section 108 Repayment
Other Program Income - RRHA
Home Ownership
Hotel Roanoke Section 108 Repayment
CDBG Entitlement
Other Program Income - RRHA
Lease Payment - Cooper Industries
Sands Woody Loan Repayment
Home Ownership Assistance
Hotel Roanoke Section 108 Repayment
Rental Rehab Repayment
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35-G 10-1037 -5440
35-G 10-1037 -5452
35-090-5366-5367
35-090-5368-5369
35-090-5370-5370
35-090-5370-5371
35-E 10-5170-5170
35-G08-0800-2834
35-G09-0900-2903
35-G09-0900-2922
35-G09-0900-2934
35-G 1 0-1 000-3001
35-G 1 0-1 000-3003
35-G 1 0-1 000-3006
35-G 1 0-1 000-3017
35-G 1 0-1 000-3022
35-G 1 0-1 000-3034
35-G 1 0-1 000-3040
361
1,500.00
1 ,500.00
100,000.00
6,480.00
1 ,500.00
1 ,500.00
36,900.00
55,967.00
13,497.00
20,000.00
36,000.00
846.00
33,294.00
760,856.00
25,000.00
82,120.00
5,617.00
33,117.00
27,783.00
96,756.00
1,860,823.00
5,000.00
13,333.00
6,722.00
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:
I
~rn. iYJ6~
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
362
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2009.
No. 38507-070609.
A RESOLUTION authorizing acceptance of funds awarded the Roanoke
City Police Department by the United States Marshals Service, and authorizing
execution of any and all necessary documents to accept the funds.
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 United States Marshals Service funds in the amount of
$15,000.00 awarded the Roanoke City Police Department to purchase safety
equipment and other related items to be used for the tracking, identification, and
arrest of fugitives. This funding is more particularly described in the letter of the
City Manager to Council dated July 6, 2009.
I
2. The City Manager is hereby authorized to execute and file, on
behalf of the City, any documents required to accept such funds. All documents
to be executed on behalf of the City shall be approved as to form by the City I
Attorney.
APPROVED
ATTEST:
~ fY). O'rJo~
Stephanie M. Moon, CMC
City Clerk
~c~--
David A. wers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2009.
No. 38508-070609.
AN ORDINANCE to appropriate funding from the United States Marshals
Service for the U.S. Marshals District Fugitive Task Force, amending and
reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
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363
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BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2009-2010 Grant Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Expendable Equipment
Revenues
US Marshals Grant FY10
35-640-3661-2035
$ 15,000.00
35-640-3661-3661
15,000.00
Pursuant to the provisions of Section 12 of the City Charter, the se'cond
reading of'this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~'on. Dj61W
Stephanie M. Moon, CMC
City Clerk
g~d\Zl~
Mayor
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2009.
No. 38509-070609.
A RESOLUTION authorizing acceptance of Data Share Grants through
the Edward Byrne Memorial Grant Program from the Department of Criminal
Justice Services, and authorizing execution of any required documentation on
. behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1 . The City Manager is hereby authorized on behalf of the City to
accept from the Department of Criminal Justice Services, two Data Share Grants
through the Edward Byrne Memorial Grant Program in the cumula.tive amount of
$300,000.00, with a local match of $50,000.00 required, and funding from other
localities of $50,000.00. Such grants are more particularly described in the letter
of the City Manager to Council dated July 6, 2009.
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364
2. The City Manager is hereby authorized to execute and file, on I
behalf of the City, any documents setting forth the conditions of the Data Share
Grants through the Edward Byrne Memorial Grant Program, approved as to form
by the City Attorney, requiredfin connection with the acceptance of such grants,
and to furnish such additional information as may be required by the Department
of Criminal Justice Services.
APPROVED
ATTEST:
~;v rn. h)~
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2009.
No. 38510-070609.
I
AN ORDINANCE to appropriate funding from the Federal government
through the Commonwealth of Virginia for the Byrne Memorial Grant Program,
amending and reordaining certain sections of the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Fees for Professional Services
Publications & Subscriptions
Fees for Professional Services
Expendable Equipment
Training and Development
35-640-3635-2010
35-640-3635-2040
35-640-3640-2010
35-640-3640-2035
35-640-3640-2044
$ 20,000.00
180,000.00
165,000.00
5,000.00
30,000.00
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Revenues
Police Data Sharing FY08 - State
Police Data Sharing FY08 - Local Match
Police Data Sharing FY08 - Roanoke County
Police Data Sharing FY08 - City of Salem
Police Data Sharing FY08 - Town of Vinton
Police Data Sharing FY09 - State
Police Data Sharing FY09 - Local Match
Police Data Sharing FY09 - Roanoke County
Police Data Sharing FY09 - Cityof Salem
Police Data Sharing FY09 - Town of Vinton
35-640-3635-3635
35-640-3635-3636
35-640-3635-3637
35-640-3635-3638
35-640-3635-3639
35-640-3640-3640
35-640-3640-3641
35-640-3640-3642
35-640-3640-3643
35-640-3640-3644
365
150,000.00
25,000.00
18,300.00
5,100.00
1,600.00
150,000.00
25,000.00
18,300.00
5,100.00
1,600.00
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
I
ATTEST:
~f"r). ~OlW
Stephanie M. Moon, CMC
City Clerk
,SD~2.al~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2009.
No. 38511-070609.
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
2009-2010 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 2009-2010 Capital Projects Fund Appropriations be, and the
same are hereby, amended andreordained to read and provide as follows:
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366
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
I
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:
~ IY) ,lI)btMJ
Stephanie M. Moon, CMC
City Clerk
5:>f)~~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2009.
I
No. 38512-070609.
AN ORDINANCE granting a revocable license to Walters, LLC, for an
encroachment for an architectural element of approximately five (5) feet into the
public right-of-way, approximately twelve (12) feet above the sidewalk on front of
the property located at 11 Jefferson Street, S. W., and bearing Official Tax No.
1010509, upon certain terms and conditions; and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Permission is hereby granted the owner, Walters, LLC ("Licensee")
and its grantees, assignees, or successors in interest, of the property bearing
Official Tax No. 1010509, otherwise known as 11 Jefferson Street, S. W., within
the City of Roanoke, to permit an encroachment of approximately five (5) feet
into the public right-of-way, approximately twelve (12) feet above the sidewalk, as
more fully described in a report of the City Manager to Council dated July 6,
2009.
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367
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2. Such license, granted pursuant to 915.2-2010, Code of Virginia
(1950), as amended, shall be revocable at the pleasure of the Council of the City
of Roanoke and subject to all the limitations contained in 915.2-2010.
3. It shall be agreed by the Licensee that, in constructing and
maintaining such encroachment, the Licensee and its grantees, assignees, or
successors in interest shall agree to indemnify and save harmless the City of
Roanoke, its officials, officers and employees from all claims for injuries or
damages to persons or property that may arise by reason of the above-described
encroachment above the public right-of-way.
4. Licensee, its grantors, assigns or successor in interest shall for the
duration of this license maintain on file with the City Clerk's Office evidence of
insurance coverage in an amount not less than $1,000,000.00. This insurance
requirement may be met by commercial general liability insurance. The
certificate of insurance must list the City of Roanoke, its officers, employees,
agents and volunteers as additional insureds. The certificate shall state that
insurance may not be canceled or materially altered without ten (10) days written
advance notice of such cancellation or alteration being provided to the City of
Roanoke Department of Risk Management.
I
5. The City Clerk shall transmit an attested copy of this ordinance to
Walters, LLC.
6. This ordinance shall be in full force and effect at such time as a
copy, duly signed, sealed, and acknowledged by Walters, LLC, has been
admitted to record, at the cost of the Licensee, in the Office of the Clerk of the
Circuit Court of the City of Roanoke and shall remain in effect only so long as a
valid, current certificate evidencing the insurance required in Paragraph 4 above
is on file in the office of the City Clerk.
7. Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is dispensed with.
ATTEST:
.t'
City Clerk.
ACCEPTED and EXECUTED by the undersigned this
,20_.
day of
I
Walters, LLC
By:
Title:
368
COMMONWEALTH OF VIRGINIA
9
9 To-Wit:
9
I
The foregoing instrument was acknowledged before me in my jurisdiction
aforesaid this day of , 20_, by
My Commission expires:
Notary Public
APPROVED
ATTEST:
~"rr). hJb~
Stephanie M. Moon, CMC
City Clerk
avid A. Bowers
Mayor
I
f
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2009.
No. 38513-070609.
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
dated July 1, 2009, which includes a mutual indemnity provision, with the
Roanoke Valley Convention and Visitors Bureau for a term of one year, from July
1, 2009, through June 30, 2010, unless sooner terminated in accordance with the
provisions of the agreement, for the purpose of increasing tourism and marketing
the Roanoke Valley as a regional destination for convention, conference, leisure
and business travel, all as more fully set forth in the City Manager's letter to this
Council dated July 6,2009.
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369
2. The contract amount authorized by this resolution shall not exceed
$721,152.00 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:
~ oY1..'hJOiM,)
Stephanie M. Moon, CMC
City Clerk
Qgat~h-
Davl . owers ---
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2009.
No. 38514-070609.
AN ORDINANCE amending Section 20-131, Definitions. aqe of operation, of
Division 1, Generallv, and Section 20-155, Method of RidinQ, of Division 3, Operation, of
Article VII, Mopeds. Bicvcles and Electric Power-Assisted Bicvcles. of Chapter 20,
Motor Vehicles and Traffic, to add a definition of the term "electric personal assistive
mobility device," to amend the definition of "electric power-assisted bicycle," and to
conform the provisions of Section 20-155 with changes in state enabling legislation; 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 20-131, Definition. aQe of operation, of Chapter 20, Motor
Vehicles and Traffic, is hereby amended and reordained to read and provide as follows:
* * *
Sec. 20-131. Definition. aQe of operation
The following terms, as used in this chapter, .shall have the meanings as herein
described below:
* * *
370
Electric personal assistive mobility device means a self-balancing two- I
non tandem- wheeled device that is designed to transport only one person and powered
by an electric propulsion system that limits the device's maximum spf3ed to fifteen (15)
miles per hour or less. . For purposes of this article, an .electric power. assistive mobility
device shall be a vehicle when operated on a street.
- Electric power-assisted bicycle means a bioyole equipped with an eleotrio motor
that reduoes the pedal effort required of the rider, but does not eliminate the rider's need
to pedal. a vehicle that travels on not more than three wheels in contact with the ground
and is equipped with (i) pedals that allow propulsion by human power and (ii) an electric
motor with an input of no more than 1,000 watts that reduces the pedal effort required of
the ride. For purposes of this article, an electric power-assisted bicycle shall be a
vehicle when operated on a street.
* * *
Sec. 20-155. Method of riding.
Every person riding a bioyole, eleotrio power assisted bioyole or moped on any
street shall keep as close as praotioable to the right hand side of the road.....ay,
exoept under any of the follm\'ing oiroumstanoes:
(1) V\'hen o.Jertaking and pucsing another vehiole prooeeding in the
same direotion; I
(2) VVhen preparing for a left turn at an interceotion or into a private
road or drive.Nay; and
(3) \^/hen reasonably neoessary to avoid oonditions inoluding, but not
limited to, fixed or moving objeots, parked or moving vehioles, pedestrians,
animals, surfaoe hazards, or substandard width lanes that make it unsafe
to oontinue along the right ourb or edge.
For purposes of this seotion, a "substandard width lune" ic a lane too narrow for a
bicycle, eleotrio power uscisted bioyole or moped and anothor vehiole to pass
safely side by side within the lane.
Persons riding bioyoles or eleotrio pm\'er assisted bioycles on a ctreet chull not
ride two
(2) or more abreast exoept on paths or parts of streets cet aside for the
exolusive use of bicyoles. Mopedc chall not ride on paths or parts of
streets set acide for the exolusive use of bioyoles. Percons riding mopeds
on a c:treet shall not ride two (2) or more abreast.
Any person operating a bicycle, electric personal assistive mobility device,
electric power-assisted bicycle, or moped on a street at less that the normal
speed of traffic at the time and place under conditions then existing shall ride as
close as safely practicable to the right curb or edge of the street except under
any of the following circumstances:
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371
1.
When overtaking and passing another vehicle proceeding in the same
direction;
When preparing for a left turn at an intersection or into a private road or
driveway;
When reasonably necessary to avoid cfmditions including, but not limited
to, fixed or moving objects, parked or moving vehicles, pedestrians,
animals, surface hazards, or substandard width lanes that make it unsafe
to continue along the right curb or edge;
When avoiding riding in a lane that must turn or diverge to the right; and
When riding upon a one-way street, a person may also ride as near the
left-hand curb or edge of such street as safely practicable.
2.
3.
4.
5.
For purposes of this section, a "substandard width lane" is a lane too narrow for
bicycle, electric personal assistive mobility device, electric power-assisted
bicycle, motorized skateboard or scooter, or moped and another vehicle to pass
safely side by side within the lane.
Persons riding bicycles, electric personal assistive mobility devices, or electric
power-assisted bicycles on a street shall not ride more that two abreast. Persons
riding two abreast shall not impede the normal and reasonable movement of
traffic, shall move into a single file formation as quickly as is practicable when
being overtaken from the rear by a faster moving vehicle, and, on a laned
roadway, shall ride in a single lane.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is dispensed with.
APPROVED
ATTEST:
~.Y'n. YTjDMJ
Stephanie M. Moon, CMC
City Clerk
372
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of July, 2009.
I
No. 38515-070609.
A RESOLUTION authorizing the proper City officials to make boundary
amendments to the City's Enterprise Zone Two and its Subzone A that will add certain
areas to them; 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 Two and its Subzone A that are contiguous to them that are not
currently a part of such Zone areas, but that can be added to them and that will benefit
from the designation of those additional areas as part of Enterprise Zone Two and its
Subzone A, as set forth in a letter from the City Manager to Council dated June 15,
2009, and a supplemental letter to Council dated July 6, 2009;
WHEREAS, the Virginia Enterprise Zone Grant Act of 2005, as amended,
authorizes the amendment of an existing Enterprise Zone to add areas to such Zone I
and its noncontiguous Subzones, thereby making qualified business firms within such
an area eligible for Enterprise Zone benefits;
WHEREAS, the addition of certain areas of the City as part of the City's
Enterprise Zone Two and its Subzone 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;
WHEREAS, this Council, acting in its capacity as the governing body of the City
of Roanoke, held a public hearing on June 15, 2009, on the above mentioned proposed
boundary amendments, 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 Subzone A;
WHEREAS, at the public hearing on June 15, 2009, a representative of the
owners of approximately 8 acres of property appeared and requested that such
property, which will be contiguous to the amended Enterprise Zone Two, be added to
such Enterprise Zone Two. Council tabled the matter regarding Enterprise Zone Two
and its Subzone A to allow City staff t~ review the request; and
WHEREAS, City staff has recommended that such additional approximately 8
acres be added to the amended Enterprise Zone Two, and that VDHCD staff has
advised City staff that no further advertisements or public hearings are needed.
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373
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 Two and its Subzone A, which amendments will add additional
areas which are currently outside such Zone areas. Such boundary amendments are
more fully shown on the map attached to the City Manager's letter to Council dated
June 15, 2009, and a revised map attached to a supplemental letter to Council dated
July 6, 2009, 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 Two and its Subzone A pursuant to the applicable provisions of the
Virginia Enterprise Zone Grant Act, as amended, which boundary amendments will add
to them certain areas, all as more fully set forth in the above mentioned letters.
3. Council hereby certifies that it held a held a public hearing on June 15,
2009, 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 Two and its Subzone 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. Such authority shall continue throughout the life
of Zone Two and any of its Subzones.
5. Local incentives applicable for Enterprise Zone Two and its Subzone 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:
~ 'rn'~bOv\J
Stephanie M. Moon, CMC
City Clerk
~~VI
Mayor
374
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 20th day of July, 2009.
No. 38516-072009.
A RESOLUTION commending the Virginia Gentlemen Barbershop Harmony
Chorus.
WHEREAS, the Virginia Gentlemen -barbershop Harmony Chorus was founded
in Roanoke in 1969 and has been in continuous operation as one of the community's
leading performing arts groups since that time;
WHEREAS, the Virginia Gentlemen chorus and quartets made up of members of
the chorus have provided unique vocal musical entertainment at many locations and
events in the Roanoke Valley, including the annual lighting of the community Christmas
tree in downtown Roanoke;
WHEREAS, the Virginia Gentlemen chorus provides significant public service to
the community by giving scholarship awards to promising area high school students,
promoting vocal music through a Youth in Harmony Program, offering Christmas music I
programs with its Holiday Chorus, and entertaining at nursing homes and civic events;
WHEREAS, the Virginia Gentlemen chorus is a member of the international
society of barbershop choruses, the Barbershop Harmony Society, legally named the
Society for the Preservation and Encouragement of Barber Shop Quartet Singing in
America, Inc., which was founded in 1938, has some 30,000 members, and is
headquartered in Nashville, Tennessee; and
WHEREAS, at the recent Southern Division chorus competition in Reston,
Virginia, the Virginia Gentlemen chorus was awarded first place in its AAA chorus
category, besting competing choruses from Arlington, Charlottesville, Norfolk,
Richmond, and the District of Columbia.
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375
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that Council does hereby commend the Virginia Gentlemen barbershop chorus on its
achievement and acknowledge the past and continuing contributions of the chorus to
the civic life of Roanoke over its forty years of service to the Roanoke Valley.
APPROVED
ATTEST:
.~~~,~
Stephanie M. Moon, CMC
City Clerk
9~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38517-072009.
A RESOLUTION memorializing the late David Kenneth Lisk, member of Roanoke
City Council from 1966 to 1976 and Vice-Mayor from 1972 to 1974.
WHEREAS, the members of Council learned with sorrow of the passing of David
Kenneth Lisk on Monday, May 25, 2009;
WHEREAS, Mr. Lisk was born in Rome, New York, and graduated from the
University of Rochester with a degree in Mechanical Engineering, then went on to serve
as a pilot and flight instructor in the U.S. Air Force;
WHEREAS, Mr. Lisk and his wife came to Roanoke in 1953 because of his work
in sales, but 20 years later he gave up a position with Burlington Industries so that he
would never have to be transferred away from the city he had grown to love;
WHEREAS, Mr. Lisk was known for his outspoken advocacy on Council for
issues he felt were important, always with an eye toward making the City the best it
could be;
WHEREAS, following the accidental death of then Mayor Roy L. Webber in 1975,
Mr. Lisk declined ascension to the mayoralty so that the Rev. Dr. Noel C. Taylor could
be installed as Mayor in the interest of promoting racial harmony in our City, which was
borne out by Taylor's legacy;
376
WHEREAS, in addition to his ten years on Council, Mr. Lisk founded the
Roanoke Police Department's Civilian Police Program in the 1960s, and served one
term on the Roanoke School Board in the 1980s;
I
WHEREAS, Mr. Lisk demonstrated his devotion to the community by
volunteering with at least a dozen civic organizations, including the Roanoke Jaycees,
Roanoke Kiwanis Club, Roanoke Valley Heart Association, and the American Legion;
WHEREAS, born as it was out of then President Dwight Eisenhower's wish to
prevent war, Mr. Lisk embraced the nascent Sister Cities International movement and
its mission of promoting peace through mutual understanding, one community at a time;
WHEREAS, not only did Mr. Lisk help to establish Roanoke's first Sister City
alliance with Wonju, Korea, in 1964, he also devoted forty-five years to Sister Cities at
the local, state, national, and international levels, including twenty years on the Sister
Cities International Board of Directors, and thirteen years as Executive Director of the
Roanoke Valley chapter;
WHEREAS, despite many twists and turns along the road, Mr. Lisk never gave
up his dream of creating an homage to Roanoke Valley Sister Cities so that citizens and
visitors alike could know about the organization and its mission of cultural harmony; and
WHEREAS, the Sister Cities spirit embodied by Mr. Lisk lives on in the now I
eight-nation RVSC family he helped to form, now captured by the beautiful flags and
banners and other symbols that grace the new Sister Cities corridor at the Roanoke
Special Events Center - Mr. Lisk's final vision for what had become his most devoted
cause.
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 David Kenneth Lisk, and extends to his family its sincerest
condolences.
2. The City Clerk is directed to forward an attested copy of this resolution to
Mr. Lisk's widow, Jean Hebard Lisk, of Roanoke, Virginia.
APPROVED
ATTEST:
~rn.~
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38518-072009.
A RESOLUTION paying tribute to Patrick Henry High School's Men's Varsity
Soccer Team for participating in the Virginia High School League Group AAA Men's
Soccer State Tournament.
WHEREAS, the Patrick Henry Men's Soccer Team put together a streak of
fifteen consecutive wins during the 2008-2009 season and was ranked as high as 34th
in the nation by ESPN before losing its last game;
WHEREAS, this team, comprised of four seniors, nine JUniors, seven
sophomores, and four freshmen, showed great determination in its quest for the
school's first State Championship;
WHEREAS, Patrick Henry's team won the Western Valley Regular Season
District Championship, the Western Valley District Tournament Championship, and the
Northwest Region Championship;
WHEREAS, the Patriots throughout this journey were able to go undefeated in
Western Valley District games for two consecutive years and set school records in wins,
winning percentage, goals scored, goals scored average, goals allowed, goals allowed
average, shutouts, assists, shots on goal, and goals scored in a game;
WHEREAS, the Patriots, with a record of 20-2, defeated Forest Park High School
in the Northwest Region Quarterfinals in overtime by a score of 2-1, and stayed at home
to defeat the 2007 Group AAA State Runner-Up team from Osbourn Park High School
3-0 in the Northwest Region Semifinals; and
WHEREAS, the Patriots defeated Garfield High School 2-1 in a sudden death
shootout to claim the school's first Northwest Region Championship;
378
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that
Council adopts this Resolution as a means of recognizing and commending the Patrick'
Henry High School Patriots and its coaches for participating in the 2009 VHSL Group
AAA Men's Soccer State Tournament on Tuesday, June 2,2009.
APPROVED
ATTEST:
~~.~
Stephanie M. Moon, CMC
City Clerk
-S;)
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38519-072009.
A RESOLUTION authorizing the acceptance of a Certified Local Government
Grant from the Virginia Department of Historic Resources and authorizing execution of
any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager is hereby authorized on behalf of the City to accept
from the Virginia Department of Historic Resources a Certified Local Government Grant
in the amount of $5,200.00, with no local matching funds required by the City, such
funding being used to support a two-day preservation workshop held in May, 2009, all of
which is more particularly described in the City Manager's letter dated July 20, 2009, to
City Council.
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2. The City Manager and the City Clerk are hereby authorized to execute
and attest, respectively, for and on behalf of the City, any and all requisite documents
pertaining to the City's acceptance of the grant, such documents to be approved as to
form by the City Attorney, and to furnish such additional information as may be required
by the Virginia Department of Historic Resources in connection with the grant.
APPROVED
ATTEST:
~h" -rrpVv0
Stephanie M. Moon, CMC
City Clerk
s;;Qf)]~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38520-072009.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
Department of Historic Resources for a Certified Local Government Grant, amending
and reordaining certain sections of the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Fees for Professional Services
Business Meals & Travel
Rental/Lease
Revenues
Certified Local Government Grant FY09 #2
35-610-8160-2010
35-610-8160-2144
35-610-8160-3070
$4,000.00
600.00
600.00
35-61 0-81 60-8160
5,200.00
380
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
I
APPROVED
ATTEST:
~~'0,.~~
Stephanie M. Moon, CMC
City Clerk
S:D<:&~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38521-072009.
A RESOLUTION authorizing acceptance of a Fireman's Fund Insurance I
Company grant to the City of Roanoke, 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 Fireman's Fund Insurance Company a grant in the amount of $12,000.00, to be
used to enhance the Roanoke Fire-EMS Department's current public education
program, such grant being more particularly described in the letter of the City Manager
to Council dated July 20, 2009.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents setting forth the conditions of the grant in a form approved by
the City Attorney.
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3. The City Manager is further directed to furnish such additional information
as may be, required by Fireman's Fund Insurance Company in connection with the
acceptance of the foregoing grant.
APPROVED
ATTEST:
~~'~iW
Stephanie M. Moon, CMC
City Clerk
~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38522-072009.
AN ORDINANCE to appropriate funding from the Fireman's Fund Heritage
Program for fire prevention and fire safety programs, amending and reordaining certain
sections of the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Expendable Equipment
Revenues
Fireman's Fund Heritage Program FY10
35-520-3209-2035 $12,000.00
35-520-3209-3209 12,000.00
382
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
I
APPROVED
ATTEST:
t.ctt~m. ~t0
Stephanie M. Moon, CMC
City Clerk
~,~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38523-072009.
A RESOLUTION authorizing acceptance of an Edward Byrne Memorial Justice
Assistance Grant (JAG) from the U.S. Department of Justice, and authorizing execution I
of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1 . The City Manager is hereby authorized on behalf of the City to accept
from the U.S. Department of Justice, the Edward Byrne Memorial Justice Assistance
Grant in the amount of $697,090.00, no local matching funds are required, to be used
for strengthening and enhancing law enforcement services. Such grant is more
particularly described in the letter of the City Manager to Council dated July 20, 2009.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents necessary to accept the grant, in a form approved by the City
Attorney.
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383
3. The City Manager is further directed to furnish such additional information
as may be required in connection with the City's acceptance of this grant.
APPROVED
ATTEST:
~ h,. ~Davv
Stephanie M. Moon, CMC
City Clerk
QC113~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38524-072009.
AN ORDINANCE to appropriate funding from the Federal government for the
Byrne Memorial Justice Assistance Grant to provide funding for bicycle patrol
operations, curfew center personnel, a Crime Analyst position, DARE Camp, and
electronic technology, amending and reordaining certain sections of the 2009-2010
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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
ARRA Bike Patrol-Overtime
ARRA Bike Patrol-FICA
ARRA Bike Patrol-Expendable Equip
ARRA Bike Patrol-Safety Apparel
ARRA Curfew Center-Overtime
ARRA Curfew Center-Temporary Wages
ARRA Curfew Center-FICA
ARRA Crime Analyst-Regular Wages
ARRA Crime Analyst-Retirement
ARRA Crime Analyst-ICMA Match
ARRA Crime Analyst-FSA Match
ARRA Crime Analyst-FICA
ARRA Crime Analyst-Medical Insurance
35-R09-0948-1003
35-R09-0948-1120
35-R09-0948-2035
35-R09-0948-2064
35-R09-0949-1003
35-R09-0949-1004
35-R09-0949-1120
35-R09-0950-1002
35-R09-0950-1105
35-R09-0950-1116
35-R09-0950-1118
35-R09-0950-1120
35-R09-0950-1125
$133,767.00
10,633.00
6,090.00
4,000.00
21,600.00
15,600.00
2,800.00
106,080.00
16,358.00
1,950.00
390.00
8,115.00
15,093.00
384
ARRA Crime Analyst-Dental Insurance
ARRA Crime Analyst-Life Insurance
ARRA Crime Analyst-Disability Insurance
ARRA DARE Camp
ARRA Tech Improvement-Expend Equip
ARRA Tech Improvement-Publications
ARRA Radio Upgrade-Expendable Equip
Revenues
ARRA Byrne JAG Grant FY10
35-R09-0950-1126
35-R09-0950-1130
35-R09-0950-1131
35-R09-0951-2157
35-R09-0952-2035
35-R09-0952-2040
35-R09-0953-2035
1,000.00
984.00
30.00
25,000.00
70,600.00
10,000.00
247,000.00
35-R09-0948-2915
697,090.00
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-Vh1.~
Stephanie M. Moon, CMC
City Clerk
Q
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38525-072009.
A RESOLUTION authorizing the acceptance of a Summer Food Program Grant
from the United States Department of Agriculture, Food and Nutrition Service, 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 United States Department of Agriculture, Food and Nutrition Service, a
Summer Food Program Grant in the amount of $190,85.00, such funding to be used to
cover the expense of providing for the nutritional needs of children and youth during the
summer months through the City's Parks and Recreation Youth Services Division
supervised Summer Nutrition Program, all of which is more particularly described in the
City Manager's letter dated July 20, 2009, to City Council.
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385
2. The City Manager and the City Clerk are hereby authorized to execute
and attest, respectively, for and on behalf of the City, any and all requisite documents
pertaining to the City's acceptance of the grant, such documents to be approved as to
form by the City Attorney, and to furnish such additional information as may be required
by the United States Department of Agriculture, Food and Nutrition Service, in
connection with the grant.
APPROVED
ATTEST:
~o """'~.
A~I Y). ~OlW
Stephanie M. Moon, CMC
City Clerk
s;;;;Q0?~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38526-072009.
AN ORDINANCE to appropriate funding from the Federal government for the
Summer Food Program, amending and reordaining certain sections of the 2009-2010
General and Grant Funds Appropriations, and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2009-2010 General and Grant Funds Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
General Fund
Appropriations
Special Projects
Transfer to Grant Fund
Grant Fund
Appropriations
Temporary Employee Wages
FICA
Program Activities
Revenues
Summer Food Program FY10
Summer Food Program FY10 Local Match
01-620-8170-2034
01-250-9310-9535
$(15,986.00)
15,986.00
35-620-5298-1 004
35-620-5298-1120
35-620-5298-2066
14,850.00
1 ,136.00
190,857.00
35-620-5298-5298
35-620-5298-5299
190,857.00
15,986.00
386
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinal)ce by title is hereby dispensed with.
I
APPROVED
ATTEST:
~01. d"lD~
Stephanie M. Moon, CMC
City Clerk
\V~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38527-072009.
A RESOLUTION accepting the Department of Homeland Security grant to the
City from the Office of Emergency Medical Services (OEMS) and the Department of I
Homeland Security (DHS), 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 Department of Homeland
Security grant offered by the Office of Emergency Medical Service and the Department
of Homeland Security in the amount of $54,750.00, no local matching funds are
required, to purchase fifteen units of the Panasonic ToughBook 19 computers, such
grant being more particularly described in the letter of the City Manager to Council,
dated July 20,2009.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents necessary to accept the grant, in a form approved by the City
Attorney.
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387
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:
~ lJvJ. rYjO/J'.rJ
Stephanie M. Moon, CMC
City Clerk
'SlQ~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July 2009.
No. 38528-072009.
AN ORDINANCE to appropriate funding from the Department of Homeland
Security through the Commonwealth of Virginia Department of Emergency Management
for the State Homeland Security Program Grant, amending and reordaining certain
sections of the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Expendable Equipment
Revenues
State Homeland Security Grant FY10
35-520-3531-2035
$54,750.00
35-520-3531 -3531
54,750.00
388
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~(Yj'Y10~
Stephanie M. Moon, CMC
City Clerk
SJ'~
~~owers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38529-072009.
I
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 I
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 $87,095.00, to be used towards the
purchase of a new ambulance that will be housed in Fire-EMS Station 8. The grant,
which requires a $21,774.00 local match by the City, is more particularly described in
the letter of the City Manager to Council, dated July 20,2009.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any necessary documents to accept the grant, in a form approved by the City
Attorney. .
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3. The City Manager is further directed to furnish such additional information
as may be required in connection with the City's acceptance of this grant.
APPROVED
ATTEST:
~M, YTjDiIvV
Stephanie M. Moon, CMC
City Clerk
9~~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38530-072009.
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 2009-2010 Grant and Fleet Management Funds Appropriations, and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2009-2010 Grant and Fleet Management Funds Appropriations be, and
the same are hereby, amended and reordained to read and provide as follows:
Fleet Manaaement Fund
Appropriations
Vehicular Equipment
Transfer to Grant Fund
17-440-2642-9010
17 -440-2643-9535
$(21,774.00)
21,774.00
Grant Fund
Appropriations
Vehicular Equipment
Revenues
RSAF Ambulance - State FY10
RSAF Ambulance - Fleet FY10
35-520-3546-9010
108,869.00
87,095.00
21,774.00
35-520-3546-3546
35-520-3546-3547
390
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
I
APPROVED
ATTEST:
~ht, ~b/)yV
Stephanie M. Moon, CMC
City Clerk
9<Y?f7~
, ~A'. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38531-072009.
A RESOLUTION accepting a Local Government Challenge grant to the City from
the Virginia Commission for the Arts, and authorizing execution of any required I
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 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, which requires at least a $5,000.00 local match, is more particularly
described in the letter of the City Manager to Council, dated July 20, 2009.
2. The City Manager and the City Clerk are hereby authorized to execute,
seal, and attest, respectively, the grant agreement and all necessary documents
required to accept the grant, all such documents to be approved as to form by the City
Attorney.
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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'hJD~
Stephanie M. Moon, CMC
City Clerk
~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38532-072009.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the Local Government Challenge Grant, amending and reordaining certain sections of
the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Arts Council of the Blue Ridge
Revenues
Local Challenge Grant FY1 0
35-410-8744-3909
$5,000.00
35-410-8744-8744
5,000.00
392
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
I
APPROVED
ATTEST:
~/VJ, Y"V}Ov..J
Stephanie M. Moon, CMC
City Clerk
Si)~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38533-072009.
A RESOLUTION authorizing the acceptance of a Virginia Department of I
Transportation Safe Routes to School (SRTS) Project Grant from the Virginia
Department of Transportation (VDOT); 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 a
SRTS Project Grant from VDOT in the amount of $472,688.00 to provide funds for
sidewalk infill along Preston Avenue and Oliver Road in the vicinity of Preston Park
Elementary School, Monterey Elementary School, and the Preston Park Recreation
Center, all as more particularly described in the City Manager's letter dated July 20,
2009, to City Council.
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2. The City Manager and the City Clerk are hereby authorized to execute
and attest, respectively, for and on behalf of the City, any and all requisite documents
pertaining to the City's acceptance of such grant, such documents to be approved as to
form by the City Attorney, and to furnish such additional information as may be required
by VDOT in connection with the grant.
APPROVED
ATTEST:
~ tt-,~ fr,. /YY) UVv-V
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
J
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38534-072009.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
Department of Transportation for the Safe Routes to School Program, amending and
reordaining certain sections of the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Construction - Other 35-530-8181-9065 $472,688.00
Revenues
Safe Routes to School Program FY10 35-530-8181-8181 472,688.00
394
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
I
APPROVED
ATTEST:
~M'~D~
Stephanie M. Moon, CMC
City Clerk
9-Q&~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38535-072009.
A RESOLUTION authorizing the City's participation in a Regional Family I
Violence Fatality Review Team.
WHEREAS, the Virginia General Assembly, upon the request of a task force of
the Virginia Commission on Family Violence Prevention, adopted legislation designed to
address family violence fatalities;
WHEREAS, Section 32.1-283.3 of the Code of Virginia (1950), as amended,
authorizes localities or combinations of localities to establish violence fatality review
teams "to examine fatal family violence incidents and to create a body of information to
help prevent future family violence fatalities";
WHEREAS, the Task Force on Domestic Violence has recommended that the
City participate in a family violence fatality review team jointly with one or more of the
following jurisdictions, City of Salem, Roanoke County, and the Town of Vinton; and
WHEREAS, Council agrees that the establishment of such a Review Team would
serve an important public purpose and therefore wishes to authorize the City to
participate in such a team in combination with the other localities.
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke,
that Council authorizes the participation of the City in a Regional Family Violence
Fatality Review Team, whose duties and responsibilities are more particularly set forth
in the report of the City Manager dated July 20, 2009.
APPROVED
ATTEST:
~ m. Y>-;~/M)
S)Q~~
David A. Bowers
Mayor
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38536-072009.
A RESOLUTION endorsing the update to the Capital Improvement Program
submitted by the City Manager by letter of July 20,2009.
WHEREAS, by letter of July 20, 2009, the City Manager has presented an
update to the City's Five-Year Capital Improvement Program for Fiscal Years 2010-
2014 in the recommended amount totaling $112,850,047.00;
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;
396
I
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 2010-2014, and the related funding recommendations, as set out in the letter of
the City Manager dated July 20, 2009, with elimination of the amphitheater project.
APPROVED
ATTEST:
~~ht. ~btyV
Stephanie M. Moon, CMC
City Clerk
-s:vcf.?;j--
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38537-072009.
I
AN ORDINANCE to appropriate funding for the FY 2010-2014 Update to the
Capital Improvement Program, amending and reordaining certain sections of the 2009-
2010 Capital Projects, Market Building 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 2009-2010 Capital Projects, Market Building and Grant Funds
Appropriations be, and the same are hereby, amended and reordained to read and
provide as follows:
Capital Proiects Fund
Appropriations
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
VDOT Match
Contingency
08-300-9607 -9003
08-300-9608-9003
08-300-9609-9003
08-300-9610-9003
08-300-9611-9003
08-51 0-9620-9003
08-530-9552-9003
08-530-9575-9210
08-530-9575-9220
$ 34,000.00
300,000.00
100,000.00
100,000.00
52,450.00
1,000,000.00
500,000.00
251,800.00
213,244.00
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Demolition
Transfer to Market Building Fund
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Revenues
Transfer from General Fund
08-530-9633-9112
08-530-9712-9504
08-530-9736-9003
08-61 0-9134-9003
08-61 0-9929-9003
08-620-9749-9003
08-620-9765-9003
08-620-9824-9003
08-640-9750-9003
08-110-1234-1037
Market BuildinQ Fund
Appropriations
Appropriated from General Revenue 09-300-8137 -9003
Revenues
Transfer from Capital Projects Fund 09-110-1234-1237
Grant Fund
Appropriations
Local Match Funding for Grants
Revenues
Local Match Funding for Grants
35-300-9700-5415
35-300-9700-5207
397
100,000.00
2,205,062.00
49,820.00
(131,497.00)
34,228.00
(2,911,083.00)
166,663.00
( 162,482.00)
10,000.00
1 ,912,205.00
2,205,062.00
2,205,062.00
$200,000.00
200,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ h1. iYJOMJ
Stephanie M. Moon, CMC
City Clerk
:0~Q-C95~.
David A. BOwers
Mayor
398
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 20th day of July, 2009.
No. 38538-072009.
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 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 20,2009.
2. The City Manager is hereby authorized to accept, execute, and file on I
behalf of the City of Roanoke, any and all documents required to obtain such funding,
and to execute a contract with Family Services of the Roanoke Valley to implement the
program. All such documents shall 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:
~. hr. Tr;DU'rV
Stephanie M. Moon, CMC
City Clerk
9D~~
Mayor
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399
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38539-072009.
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 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Fees for Professional Services
Revenues
Across Ages Program Grant FY10
35-630-5019-2010
$65,000.00
35-630-5019-5019
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:
~ Pi, h)J0Yv
. Stephanie M. Moon, CMC
City Clerk
Sf)
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38540-072009.
AN ORDINANCE to appropriate funding from various Capital Project accounts to
the Franklin Road Bridge Repair Project, amending and reordaining certain sections of
the 2010-2011 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
400
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2010-2011 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from State Grant Funds
Appropriated from State Grant Funds
Appropriated from General Revenue
Appropriated from 2009 Bond Funds
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from 2009 Bond Funds
08-530-9518-9007
08-530-9519-9007
08-530-9519-9003
08-530-9519-9301
08-530-9552-9003
08-530-9554-9003
08-530-9617-9301
$ (250,000.00)
250,000.00
535,059.00
100,000.00
(526,979.00)
(8,080.00)
(100,000.00)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~~ fYl. ~dlYJ
Stephanie M. Moon, CMC
City Clerk
~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38541-072009.
A RESOLUTION authorizing the acceptance of additional Virginia Department of
Transportation (VDOT) Enhancement Grant funding, which funding is provided by the
American Recovery and Reinvestment Act of 2009 (ARRA), for the Roanoke River
Greenway Project; authorizing the City Manager to execute Appendix A to the Roanoke
River Greenway Project Agreement with VDOT; and authorizing the City Manager to
provide any additional information, execute any necessary additional documents, and to
take any necessary actions to obtain, accept, receive, implement, use, and administer
the above mentioned additional Enhancement Grant funds.
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401
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City of Roanoke hereby accepts the additional VDOT Enhancement
Grant funding, which funding is provided by the ARRA, in the amount of $1,400,000.00
for the Roanoke River Greenway Project, all as more particularly set forth in the City
Manager's letter dated July 20, 2009, to this Council.
2. The City Manager is hereby authorized to execute Appendix A to the
Roanoke River Greenway Project Agreement with the VDOT, in a form substantially
similar to the one attached to the City Manager's letter referred to above, and any other
forms necessary to accept such additional grant funds, such documents to be approved
as to form by the City Attorney.
3. The City Manager is further authorized to provide any additional
information, to execute any necessary additional documents, and to take any necessary
actions in order to obtain, accept, receive, implement, use, and administer the additional
VDOT Enhancement Grant funds mentioned above, any such additional documents to
be approved as to form by the City Attorney.
APPROVED
ATTEST:
~rn. IY)OIlh../
Stephanie M. Moon, CMC
City Clerk
Si>~~~~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38542-072009.
AN ORDINANCE to appropriate American Recovery and Reinvestment Act
(ARRA) funding from the Federal government through the Virginia Department of
Transportation, for the extension of the Roanoke River Greenway, amending and
reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
402
BE IT ORDAINED by the Council of the City of Roanoke that the following I
sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Construction - Other 35-R09-0954-9065 $1,400,000.00
Revenues
ARRA Roanoke River Greenway Grant FY10 35-R09-0954-2916 1,400,000.00
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:
~A-V >>7. 'hr;O~
Stephanie M. Moon, CMC
City Clerk
G~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 20th day of July, 2009.
No. 38543-072009.
AN ORDINANCE authorizing the City Manager to enter into an Agreement
between the City of Roanoke and Roanoke County pertaining to shared use and
maintenance of open recreational land located on property on which the Veterans'
Administration Medical Center is located; 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 Roanoke County, pertaining to shared use and maintenance of open
recreational land located on property on which the Veterans' Administration Medical
Center is located, such Agreement to be upon such terms and conditions as are more
particularly described in the City Manager's letter dated July 20,2009, to this Council.
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403
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:
~ /V}. 1Y-;OIlYV
Stephanie M. Moon, CMC
City Clerk
GQ3?~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38544-072009.
A RESOLUTION authorizing the City Manager's issuance and execution of
additional Amendments to the City's Contract with Cunningham + Quill Architects,
PLLC, in an amount up to $700,000.00 for additional architectural and engineering (AlE)
services for the renovation of the City Market Building; and authorizing the City Manager
to take such actions and execute such documents as may be necessary to provide for
the implementation, administration, and enforcement of all such Amendments to the
above mentioned Contract, as well as the Contract itself.
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 Cunningham + Quill Architects, PLLC, in an amount up to $700,000.00 for
additional AlE services for the renovation of the City Market Building, all as more fully
set forth in the City Manager's letter to this Council dated July 20, 2009.
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 $700,000.00, all as set forth in the above
letter.
404
4. The City Manager is further authorized to take such actions and execute 1
such documents as may be necessary to provide for the implementation, administration,
and enforcement of all such Amendments to the above mentioned Contract, as well as
the Contract itself.
APPROVED
ATTEST:
~ Yr7. h-y/JlJ'W
.S)~~
Mayor
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38545-072009.
A RESOLUTION (i) authorizing the School Board for the City of Roanoke to I.
repair, rehabilitate or equip Fallon Park Elementary School, Round Hill Montessori
Primary School, Morningside Elementary School and Wasena Elementary School (the
"Repairs"); and (ii) authorizing the filing of an application with the Virginia Department
of Education seeking an allocation of authority to issue the City's general obligation
qualified zone academy bonds in an amount not to exceed $1,530,882.00 to finance a
portion of the Repairs.
WHEREAS, the School Board (the "School Board") for the City of Roanoke of
Roanoke, Virginia (the "City") has determined that it is necessary to undertake the
Repairs and has requested the City to issue its general obligation qualified zone
academy bonds in an amount not to exceed $1,530,882.00 to finance a portion of the
Repairs (such portion of the Repairs, the "Project"); and
WHEREAS, in order to finance the Project, the City reasonably expects to issue
a qualified tax credit bond within the meaning of 954A of the Internal Revenue Code of
1986, as amended (the "Code"); and
WHEREAS, the City intends to issue debt obligations for the Project as "qualified
zone academy bonds" within the meaning of Section 54E of the Code (such bonds, the
"QZABs").
BE IT RESOLVED by the Council of the City of Roanoke that:
1
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405
1. The School Board is authorized to undertake the Project, and is
authorized to expend out of the City's capital improvement fund up to $1,530,882.00 for
the cost of the Project.
2. In accordance with 954A of the Code and U.S. Treasury Regulations
91.1397E-1 (h) and 91.150-2, it is hereby declared that the City reasonably expects to
reimburse expenditures for the Project with proceeds of a qualified tax credit bond
within the meaning of 954A of the Code, to be incurred by the City. The maximum
principal amount of the QZABs expected to be issued for the Project is $1,530,882.00.
3. This is a declaration of official intent under 954A of the Code and U.S.
Treasury Regulations 91.1397E-1 (h) and 91.150-2.
4. The City Manager, any Assistant City Manager, the Chairman of the
School Board or the Superintendent of Schools is hereby authorized to file an
application with the Virginia Department of Education seeking an allocation of authority
to issue the City's general obligation QZABs pursuant to the Public Finance Act and
Section 54E of the Code in an amount not to exceed $1,530,882.00 (the "2009 QZABs")
to finance the cost of the Project.
5. The City Clerk is hereby authorized and directed to publish in accordance
with applicable law a notice of public hearing in connection with the proposed 2009
QZABs.
6. This Resolution shall take effect immediately.
The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the
foregoing constitutes a true and correct extract from the minutes of a meeting of the City
Council held on July 20, 2009, 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.
David A. Bowers, Mayor
Sherman P. Lea, Vice Mayor
M. Rupert Cutler
Gwendolyn W. Mason
Anita J. Price
Court R. Rosen
David B. Trinkle
Present Absent
X
X
X
X
X
X
Aye
X
X
X
X
X
X
Nay
Abstain
X
406
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this 24th day 1
of July, 2009.
Clerk, City of Roanoke, Virginia
[SEAL]
APPROVED
ATTEST:
~ hi. tr--y;/NJ
Stephanie M. Moon, CMC
City Clerk
g~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38546-072009.
1
A RESOLUTION approving the location and major design features of the
Riverland Road Improvements highway project in the City of Roanoke and requesting
the Virginia Department of Transportation to begin right-of-way acquisition.
WHEREAS, a Design Public Hearing was conducted on March 31,2009, in the
City of Roanoke by representatives of the Virginia Department of Transportation, after
due and proper notice, for the purpose of considering the proposed design of Riverland
Road, Project UOOO-128-132, PE101, RW201, C501, UPC 71741, in the City of
Roanoke, at which hearing drawings and other pertinent information were made
available for public inspection in accordance with state and federal requirements;
WHEREAS, all persons and parties in attendance were afforded full opportunity
to participate in the public hearing;
WHEREAS, representatives of the City of Roanoke were present and
participated in the hearing;
WHEREAS, the Council has previously requested the Virginia Department of
Transportation to program this project; and
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407
WHEREAS, the Council has considered all of the foregoing matters.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. The location and major design features of the proposed project as
presented at the Public Hearing are approved.
2. The Virginia Department of Transportation is requested to acquire all
rights-of-way necessary for this project, conveying such rights-of-way as lie in this City
to the City of Roanoke at the appropriate time.
3. The City Manager and the City Clerk are hereby authorized to execute
and attest, respectively, for and on behalf. of the City, any and all necessary documents
pertaining to this project, such documents to be approved as to form by the City
Attorney, and to furnish such additional information as may be required by the Virginia
Department of Transportation in connection with the project.
4. The City Clerk is directed to transmit an attested copy of this Resolution to
the Virginia Department of Transportation.
APPROVED
ATTEST:
~ th.1YJ(JlJyV
Stephanie M. Moon, CMC
City Clerk
~c@~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38547-072009.
AN ORDINANCE to un-appropriate funding from State Grant Funds for the
Riverland Road, Bennington Street and Mount Pleasant Boulevard Project, amending
and reordaining certain sections of the 2009-2010 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 2009-2010 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
408
Appropriations
Appropriated from State Grant Funds
Revenues
VDOT -Riverland Road./Mt. Pleasant!
Bennington Street
08-530-9512-9007 $( 1,000,000.00)
1
08-530-9512-9913 (1,000,000.00)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ h1. 'fltOlMJ
Stephanie M. Moon, CMC
City Clerk
QQ@l~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
No. 38548-072009.
1
The 20th day of July, 2009.
AN ORDINANCE authorizing the City Manager to execute the necessary
documents providing for the conveyance of a parcel of City-owned property, being a lot
on Gilmer Avenue, N. E., Roanoke, Virginia, bearing Official Tax No. 3012825, to
Jacqueline C. Williams, upon certain terms and conditions; and dispensing with the
second reading of this ordinance.
WHEREAS, a public hearing was held on July 20, 2009, 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. The City Manager and the City Clerk are hereby authorized, for and on
behalf of the City, to execute and attest, respectively, the necessary documents
providing for the conveyance of a 25 foot wide parcel of City-owned property, being a lot
on Gilmer Avenue, N. E., Roanoke, Virginia, bearing Official Tax No. 3012825, to
Jacqueline C. Williams for the purchase price of $1,700.00, upon certain terms and 1
conditions, and as more particularly stated in the City Manager's letter to this Council
dated July 20, 2009.
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409
2. All documents necessary for this conveyance shall be in form approved by
the City Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~M. YrjOUYV
Stephanie M. Moon, CMC
City Clerk
3)Q~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38549-072009.
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, Central Baptist Church has made application to the Council of the
City of Roanoke, Virginia ("City Council"), to have the hereinafter described property
rezoned from R-7, Residential Single Family District, to INPUD, Institutional Planned
Unit Development District, for the purpose of developing the property for a place of
worship and child day care center;
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 July 20, 2009, 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
410
WHEREAS, this Council, after considering the aforesaid application, the 1
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the
public necessity, convenience, general welfare and good zoning practice, require the
rezoning of the subject property, and for those reasons, is of the opinion that the
hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax No. 6391313, located between
Barrington Drive, N. W., and Hershberger Road, N. W., be, and is hereby rezoned from
R-7, Residential Single Family District, to INPUD, Institutional Planned Unit
Development District, for the purpose of developing the property for a place of worship
and child day care center, as set forth in the Zoning Amended Application No.2, dated
June 18, 2009, and subject to a condition proffered therein.
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
1
ATTEST:
~ h? rY;orrJ
Stephanie M. Moon, CMC
City Clerk
~,(tZr~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38550-072009.
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.
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WHEREAS, Central Baptist Church 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 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
July 20, 2009, 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 pu~lic 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:
A 0.151 acre portion of Barrington Drive, N. W., terminating at a parcel bearing
Official Tax No. 6391313
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.
412
BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision 1
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. In addition, said plat shall
dedicate a public access easement to provide an area for vehicles to enter, turn around,
and exit the property.
BE IT FURTHER ORDAINED that the applicant shall complete the following
improvements before the aforementioned plat is recorded with the Clerk of the Circuit
Court for the City of Roanoke:
1. Improve the intersection turning radius on Fairhope Road at
Hershberger Road and on Barrington Drive at Cove Road in
accordance with the Virginia Department of Transportation Road
Design Manual and/or the City of Roanoke street design guidelines
as determined by the Roanoke City Traffic Engineer.
2.
Install a westbound deceleration taper on Hershberger Road and
Fairhope Road in accordance with the Virginia Department of
Transportation Road Design Manual and/or the City of Roanoke
street design guidelines as determined by the Roanoke City Traffic
Engineer.
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3. Install a south eastbound deceleration taper on Cove Road at
Barrington Drive in accordance with the Virginia Department of
Transportation Road Design Manual and/or the City of Roanoke
street design guidelines as determined by the Roanoke City Traffic
Engineer.
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 1
the City'of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation
has occurred.
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BE IT FURTHER ORDAINED that if the above conditions have not been met
within a period of twelve (12) months from the date of the adoption of this ordinance,
then such ordinance shall be null and void with no further action by City Council being
necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of ~12 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ hi, hjil/MJ
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38551-072009.
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,' subject to certain
conditions proffered by the petitioner; and dispensing with the second reading of this
ordinance by title.
WHEREAS, Labor Finders of Virginia, Inc. has made application to the Council of
the City of Roanoke, Virginia ("City Council"), to have the property located at 2707
Williamson Road, N. E., bearing Official Tax No. 3100937, rezoned from MX, Mixed Use
District, to CG, Commercial General District, subject to certain conditions, for the
purpose of opening an employment and temporary labor service;
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;
414
WHEREAS, a public hearing was held by City Council on such application at its 1
meeting on July 20, 2009, after due and timely notice thereof as required by 936.2-540,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest
and citizens were given an opportunity to be heard, both for and against the proposed
rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the
public necessity, convenience, general welfare and good zoning practice, require the
rezoning of the subject property, and for those reasons, is of the opinion that the
hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax No. 3100937 located at 2707
Williamson Road, N.E., be, and is hereby rezoned from MX, Mixed Use 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 May 26, 2009.
1
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:
~ th. hjbdyv
Stephanie M. Moon, CMC
City Clerk
~Q~
David A. Bowers
Mayor
1
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415
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38552-072009.
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, C. C. Williams Memorial Park, Inc,. has made application to the
Council of the City of Roanoke, Virginia ("City Council"), to have the property located on
Panorama Avenue, N.W., bearing Official Tax Nos. 2751107 through 2751109, from
RM-1, Residential Mixed Density District, to ROS, Recreation and Open Space District,
for uses permitted in the ROS, Recreation and Open Space District, subject to a certain
condition;
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 July 20, 2009, 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:
416
1. Section 36.2-100; Code of the City of Roanoke (1979), as amended, and I
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax Nos. 2751107, 2751108 and 2751109,
located on Panorama Avenue, N. W., be and are hereby rezoned from RM-1,
Residential Mixed Density District, to ROS, Recreation and Open Space District, for
uses permitted in the ROS, Recreation and Open Space District, subject to a certain
condition proffered by the petitioner, as set forth in the Zoning Amended Application
No.2, dated June 4,2009.
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:
~Yh, trybW
Stephanie M. Moon, CMC
City Clerk
Q~
David A. Bowers
Mayor
1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38553-072009.
AN ORDINANCE, approving the Old Southwest Plan, dated June 18, 2009, and
amending Vision 2001-2020, the City's Comprehensive Plan, to delete from it the
current Old Southwest Neighborhood Plan, dated January 21, 2003, and adopted by
City Council on January 21,2003; and dispensing with the second reading by title of this
ordinance.
WHEREAS, on June 18, 2009, the Old Southwest Plan dated, June 18, 2009
(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
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WHEREAS, in accordance with the provisions of S 15.2-2204, Code of Virginia
(1950), as amended, a public hearing was held before this Council on July 20, 2009, 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 Old Southwest Neighborhood Plan dated January 21,
2003, adopted by City Council on January 21, 2003, in Ordinance No. 36218-012103, is
deleted from Vision 2001-2020.
2. That this Council hereby approves the Old Southwest Plan dated June 18,
2009, in the form certified by the City Planning Commission, and amends Vision 2001-
2020, the City's Comprehensive Plan, to include the Old Southwest Plan dated June 18,
2009, in the form certified by the City Planning Commission, 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 S 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ tn. 0oiJ'hJ
Stephanie M. Moon, CMC
City Clerk
oC{jJ~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38554-072009.
AN ORDINANCE amending and reordaining Section 36.2-561, Variances,
Section 36.2-704, Nonconforminq structures, and Section 36.2-705, Nonconforming
uses, of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as amended,
for the purpose of conforming the City's Zoning Ordinance with State Code; and
dispensing with the second reading by title of this ordinance.
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BE IT ORDAINED by the Council of the City of Roanoke as follows:
1
1. Section 36.2-561, Variances, of Division 6, Special Exceptions, Variances,
and Appeals, of Article 5, Procedures, Section 36.2-704, Nonconformina structures, and
Section 36.2-705, Nonconformina uses, of Article 7, Nonconformina Uses, Structures
and Lots, of Chapter 36.2, Zonina, of the Code of the City of Roanoke (1979), as
amended, are hereby amended and reordained to read and provide as follows:
Sec. 36.2-561. Variances.
* * *
(c) Standards. Subject to the standards and procedures set forth in this
section, the Board of Zoning Appeals may grant a variance from the terms
of this chapter as will not be contrary to the public interest when, owing to
special conditions, a literal enforcement of the provisions of this chapter
will result in unnecessary hardship, provided that the spirit of the Chapter
shall be observed and substantial justice done. No variance shall be
authorized pursuant to this chapter unless the applicant can show that the
property was acquired in good faith and that the literal application of the
provisions of this chapter would create an unnecessary hardship that
would effectively prohibit or unreasonably restrict the utilization of the
property. The applicant shall provide evidence that the variance being
sought satisfies this general standard and those standards set forth as
follows:
1
* * *
(3) The alleged hardship is a clearly demonstrable hardship, as
distinguished from a special privilege or convenience sought by the
applicant.
* * *
Sec. 36.2-704. Nonconforming structures.
* * *
(c) The owner of any nonconforming structure which is damaged or
destroyed by an accidental fire, natural disaster or other act of God, or any
other accidental means may repair, rebuild, or replace any such structure
to its original nonconforming condition as long as the structure is not
enlarged or altered in any way which increases its nonconforming
characteristic. 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 structure shall be in
compliance with the provisions of Section 36.2-333, Floodplain Overlay
District. Unless such structure is repaired, rebuilt, or replaced within two 1
(2) years of the date of the accidental fire, natural disaster or other act of
God, or other accidental means which directly caused its damage or
419
1
destruction, 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.
For purposes of this section, "act of God" shall include any natural disaster
or phenomena including a hurricane, tornado, storm, flood, high water,
wind-driven water, earthquake, or fire caused by lightening or wildfire.
Nothing herein shall be construed to enable the property owner to commit
an arson under Sec. 18.2-77 or 18.2-80 of the Code of Virginia (1950), as
amended, and obtain vested rights under this section. "Accidental means"
shall not include any intentional act by the property owner to damage or
destroy the structure.
Sec. 36.2-705. Nonconforming uses.
* * *
I
(f) Any nonconforming use may be resumed or restored after the
structure in which the use is located is damaged or destroyed by an
accidental fire, natural disaster or other act of God, or other accidental
means without the need to obtain a variance as provided in Section 36.2-
561. The owner shall apply for a building permit and any work done to
repair, rebuild, or replace the structure in which such use is located shall
be in compliance with the provisions of the Virginia Uniform Statewide
Building Code, and any work done to repair, rebuild, or replace such use
shall be in compliance with the provisions of Section 36.2-333, Floodplain
Overlay District. Unless such use is resumed or restored within two (2)
years of the date of the natural disaster or replaced within two (2) years of
the date of the accidental fire, natural disaster or other act of God, or other
accidental means which directly caused its damage or destruction, such
use shall only be restored or resumed in accordance with the regulations
for the zoning district in which it is located. However, if the nonconforming
use is in an area under a federal disaster declaration and the use has
been damaged or destroyed as a direct result of conditions that gave rise
to the declaration, then the owner shall have an additional two (2) years
for the use to be restored or resumed as otherwise provided in this
subsection. For purposes of this section, "act of God" shall include any
natural disaster or phenomena including a hurricane, tornado, storm,
flood, high water, wind-driven water, earthquake, or fire caused by
lightening or wildfire. Nothing herein shall be construed to enable the
property owner to commit an arson under Sec. 18.2-77 or 18.2-80 of the
Code of Virginia (1950), as amended, and obtain vested rights under this
section. "Accidental means" shall not include any intentional act by the
property owner to damage or destroy the structure in which the
nonconforming use is located.
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2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
1
APPROVED
ATTEST:
~ fYI. fYjDd'vV
Stephanie M. Moon, CMC
City Clerk
9~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38555-072009.
AN ORDINANCE exempting from real estate property taxation certain property of 1
Northwest Child Development Center, Inc., located in the City of Roanoke, an
organization devoted exclusively to charitable or benevolent purposes on a non-profit
basis; providing for an effective date; and dispensing with the second reading by title of
this ordinance.
WHEREAS, Northwest Child Development Center, Inc., (hereinafter "the
Applicant"), has petitioned this Council to exempt certain real property of the Applicant
from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to be heard
with respect to the Applicant's petition was held by Council on July 20,2009;
WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of
Virginia (1950), as amended, have been examined and considered by the Council;
WHEREAS, the Applicant agrees that the real property to be exempt from
taxation is certain real estate, including the land and any building located thereon,
identified by Roanoke City Tax Map No. 2221709, commonly known as 1523 Melrose
Avenue, N. W. (the "Property"), and owned by the Applicant, and providing that the
Property shall be used by the Applicant exclusively for charitable or benevolent
purposes on a non-profit basis; and
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WHEREAS, in consideration of Council's adoption of this Ordinance, the
Applicant has voluntarily agreed to pay each year a service charge in an amount equal
to twenty percent (20%) of the City of Roanoke's real estate tax levy which would be
applicable to the Property were the Property not exempt from such taxation, for so long
as the Property is exempted from such taxation.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. Council classifies and designates Northwest Child Development Center,
Inc., as a charitable or benevolent organization within the context of Section 6(a)(6) of
Article X of the Constitution of Virginia, and hereby exempts from real estate taxation
certain real estate, identified by Roanoke City Tax Map No. 2221709, commonly known
as 1523 Melrose Avenue, N. W., and owned by the Applicant, which property is used
exclusively for charitable or benevolent purposes on a non-profit basis; continuance of
this exemption shall be contingent on the continued use of the property in accordance
with the purposes which the Applicant has designated in this Ordinance.
2. In consideration of Council's adoption of this Ordinance, the Applicant
agrees to pay to the City of Roanoke on or before October 5 of each year a service
charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate
tax levy which would be applicable to the Property, were the Property not exempt from
such taxation, for so long as the Property is exempted from such taxation.
3. This Ordinance shall be in full force and effect on January 1, 2010, if by
such time a copy, duly executed by an authorized officer of the Applicant, has been filed
with the City Clerk.
4. The City Clerk is directed to forward an attested copy of this Ordinance,
after it is properly executed by the Applicant, to the Commissioner of the Revenue and
the City Treasurer for purposes of assessment and collection, respectively, of the
service charge established by this Ordinance, and to La'Kisha M. Jones, Executive
Director, and the authorized agent of Northwest Child Development Center, Inc.
422
5, Pursuant to Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
1
ATTEST:
City Clerk.
ACCEPTED, AGREED TO AND EXECUTED by Northwest Child Development
Center, Inc., this _ day of ,2009.
NORTHWEST CHILD DEVELOPMENT CENTER, INC.
By
(SEAL)
Printed Name and Title
APPROVED
1
ATTEST:
~m, >>]O(/Y\J
Stephanie M. Moon, CMC
City Clerk
~~~
.....Y David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of July, 2009.
No. 38556-072009.
AN ORDINANCE authorizing the City Manager to execute a lease agreement
with Tavern On The Market of Virginia, LLC, for approximately 1394.42 square feet of
space in the City Market Building for a month-to-month term, effective August 1, 2009,
not to exceed twelve (12) months; and dispensing with the second reading of this 1
ordinance by title.
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WHEREAS, a public hearing was held on July 20, 2009, pursuant to ~~15.2-
1800 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 the City Clerk are hereby authorized, to execute
and attest, respectively, in a form approved by the City Attorney, an agreement with
Tavern On The Market of Virginia, LLC, for the lease of approximately 1394.42 square
feet of space in the City Market Building, located at 32 Market Square, Roanoke,
Virginia, for a food court business, for a month-to-month term, effective August 1, 2009,
not to exceed twelve (12) months, at a rental rate of $2,892.65 per month, upon certain
terms and conditions, and as more particularly described in the City Manager's letter to
this Council dated July 20,2009.
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, 0()~
Stephanie M. Moon, CMC
City Clerk
9C~
David A. Bowers
Mayor
424
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of August, 2009.
No. 38557-080309.
A RESOLUTION authorizing the donation of $20,000.00 to the Virginia Museum
of Transportation for the construction of a concrete foundation for a locomotive cab and
related costs for the cab's restoration, relocation, placement and electrical connection.
BE IT RESOLVED by the Council of the City of Roanoke that Council hereby
authorizes the donation of $20,000.00 to the Virginia Museum of Transportation for the
construction of a concrete foundation for a locomotive cab and related costs for the
cab's restoration, relocation, placement and electrical connection, all of which is more
particularly described in the City Manager's letter dated August 3,2009, to City Council.
APPROVED
ATTEST:
~)nlY]o~
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of August, 2009.
No. 38558-080309.
AN ORDINANCE to transfer funding from the Railwalk Enhancements project to
the Virginia Museum of Transportation, amending and reordaining certain sections of
the 2010-2011 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 2010-2011 General and Capital Projects Funds Appropriations be, and
the same are hereby, amended and reordained to read and provide as follows:
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General Fund
Appropriations
Virginia Museum of Transportation
01-300-7220-3714
$ 20,000.00
Capital Proiects Fund
Appropriations
Appropriated from General Fund
08-440-9859-9003
(20,000.00)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~hl. ~O.,.J
A)~~
~avid A. Bowers
Mayor
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of August, 2009.
No. 38559-080309.
AN ORDINANCE to appropriate funding from the Western Virginia Water
Authority to the Department of Technology training and development account,
amending and reordaining certain sections of the 2010-2011 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 2010-2011 Department of Technology Fund Appropriations be, and the
same are hereby, amended and reordained to read and provide as follows:
Appropriations
Training and Development
Revenues
Western Virginia Water Authority
13-430-1601-2044
$12,432.00
13-11 0-1234-0960
12,432.00
426
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:
~fI1. ~()Uv0
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of August, 2009.
No. 38560-080309.
A RESOLUTION authorizing acceptance of the Shelter Plus Care Renewal Grant
Award from the U.S. Department of Housing and Urban Development, in the amount of
$166,008.00 for a one year period, beginning July 1, 2009 through June 30, 2010; and
authorizing the execution of the necessary documents.
BE IT RESOLVED by the Council of the City of Roanoke that:
I
1. The City of Roanoke hereby accepts the Shelter Plus Care Renewal Grant
Award from the U. S. Department of Housing and Urban Development, in the amount of
$166,008.00 for a one year period, beginning July 1, 2009 through June 30, 2010, to
provide rental assistance and supportive services to disabled homeless individuals and
their families, as more particularly set forth in the August 3, 2009, letter of the City
Manager to this Council.
~2. The City Manager is hereby authorized to execute any and all requisite
documents, upon form approved by the City Attorney, and to furnish such additional
information as may be required in connection with the City's acceptance of this grant.
APPROVED
ATTEST:
~fh ~6W
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of August, 2009.
No. 38561-080309.
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 2009-2010 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 2009-2010 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 FY10
35-630-5300-2159
$ 166,008.00
35-630-5300-5300
166,008.00
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:
~'rYj.~.~
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of August, 2009.
No. 38562-080309.
A RESOLUTION approving the design and placement of public art to be installed
in Highland Park.
WHEREAS, twenty-six artists responded to the City's Request for Qualification to
design, fabricate and install a minimum of two public art benches in Highland Park in the
historic Old Southwest neighborhood;
428
WHEREAS, the responses were reviewed by a Citizen Selection Panel; and
WHEREAS, the City's Arts Commission has recommended that the works of art
proposed by Don Lawler be selected as the works to be installed in Highland Park.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke
approves the design of the works of art submitted by Don Lawler and approves the
location of its installation in Highland Park, as present to Council on August 3, 2009.
APPROVED
ATTEST:
~ 0'11. '10LW
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of August, 2009.
No. 38563-080309.
A RESOLUTION endorsing the update to the Capital Improvement Program
submitted by the City Manager by letter of July 20, 2009, with the omission of the
previously approved language, "with the elimination of the amphitheater project".
WHEREAS, by letter of July 20, 2009, the City Manager has presented an
update to the City's Five-year Capital Improvement Program for Fiscal Years 2010-2014
in the recommended amount totaling $127,050,047.00;
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;
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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 2010-2014, and the related funding recommendations, as set out in the letter of
the City Manager dated July 20, 2009.
APPROVED
ATTEST:
~hl. doJow
Stephanie M. Moon, CMC
City Clerk
~<;(Jr~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
. The 17th day of August, 2009.
No. 38564-081709.
A RESOLUTION authorizing acceptance of the Victim/Witness Program Grant
#10-P8554VW09 to the City of Roanoke by the Virginia Department of Criminal Justice
Services, and authorizing execution of any required documentation on behalf of the
City.
BElT RESOLVED by the Council of the City of Roanoke as follows:
1 . The City Manager is hereby authorized on behalf of the City to accept
from the Virginia Department of Criminal Justice Services, the Victim/Witness Program
Grant #1 0-P8554VW09 in the amount of $115,117.00, with a local match of $29,386.00,
to allow the Victim/Witness Assistance Program to continue from July 2009, through
June 2010. The grant is more particularly described in the letter of the City Manager to
Council, dated August 17, 2009.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents setting forth the conditions of the grant in a form approved by
the City Attorney.
430
3. The City Manager is further directed to furnish such additional information I
as may be required in connection with the acceptance of the foregoing grant.
APPROVED
ATTEST:
~~fYJ.~
Stephanie M. Moon, CMC
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of August, 2009.
No. 38565-081709.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the Victim Witness Program Grant, amending and reordaining certain sections of the
2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
I
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Regular Employee Salaries
City Retirement
ICMA Retirement
FICA
Medical Insurance
Dental Insurance
Life Insurance
Qisability Insurance
Telephone
Administrative Supplies
Dues and Memberships
Training and Development
Travel
Postage
35-150-5126-1 002
35-150-5126-1105
35-1 50-5126-1115
35-150-5126-1120
35-150-5126-1125
35-150-5126-1126
35-150-5126-1130
35-150-5126-1131
35-150-5126-2020
35-150-5126-2030
35-150-5126-2042
35-150-5126-2044
35-150-5126-2144
35-150-5126-2160
$ 97,949.00
9,356.00
3,355.00
7,750.00
15,120.00
843.00
804.00
275.00
850.00
2,532.00
75.00
2,335.00
359.00
2,900.00
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431
Revenues
Victim Witness FY10 - State
Victim Witness FY10 - Local
Match
35-150-5126-5126
35-150-5126-5127
115,117.00
29,386.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~h1.p;o~
Stephanie M. Moon, CMC
City Clerk
c-Q07~
David A. Bowers
Mayor
IN THE,COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of August, 2009.
No. 38566-081709.
A RESOLUTION accepting the funding for the Western Virginia Workforce
Development Board's Workforce Investment Act (WIA) program, and authorizing the
City Manager to execute the requisite documents necessary to accept the funding.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Funding in the amount of $920,072.00 or the purpose of administering the
Workforce Investment Act ('WIA") funding for certain WIA client populations, as more
particularly set out in the City Manager's letter dated August 17, 2009, to City Council, is
hereby ACCEPTED.
2. The City Manager is authorized to execute and file, on behalf of the City,
any documents required to accept such funding, in a form approved by the City
Attorney.
432
3. The City Manager is further directed to furnish such additional information I
as may be required in connection with the acceptance of the foregoing funding.
APPROVED
ATTEST:
~fr1''h-JOMJ
Stephanie M. Moon, CMC
City Clerk
S)~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2009.
No. 38567-081709.
AN ORDINANCE to appropriate funding from the Federal government's
American Reinvestment and Recovery Act (ARRA) through the Commonwealth of
Virginia for the Workforce Investment Act (WIA), amending and reordaining certain
sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second I
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
ARRA WIA FY09 Administrative-Reg Wages
ARRA WIA FY09 Administrative-Retirement
ARRA WIA FY09 Administrative-FSA Match
ARRA WIA FY09 Administrative-FICA
ARRA WIA FY09 Administrative-Medical Ins
ARRA WIA FY09 Administrative-Dental Ins
ARRA WIA FY09 Administrative-Life Ins
ARRA WIA FY09 Administrative-Disability Ins
ARRA WIA FY09 Administrative-Training
ARRA WIA FY09 Administrative-Marketing
ARRA WIA FY09 Administrative-Supplies
ARRA WIA FY09 Administrative-Contract Svcs
ARRA WIA FY09 Administrative-Equipment
ARRA WIA FY09 Adult-Reg Wages
ARRA WIA FY09 Adult-Retirement
ARRA WIA FY09 Adult-FICA
35-R09-0943-1002
35-R09-0943-11 05
35-R09-0943-1118
35-R09-0943-1120
35-R09-0943-1125
35-R09-0943-1126
35-R09-0943-1130
35-R09-0943-1131
35-R09-0943-2044
35-R09-0943-8053
35-R09-0943-8055
35-R09-0943-8057
35-R09-0943-8059
35-R09-0944-1002
35-R09-0944-1105
35-R09-0944-1120
$51,685.00
7,959.00
140.00
3,954.00
5,389.00
302.00
837.00
146.00
2,000.00
2,000.00
500.00
26,595.00
500.00
1,758.00
271.00
135.00
I
433
I ARRA WIA FY09 Adult-Medical Ins 35-R09-0944-1125 120.00
ARRA WIA FY09 Adult-Dental Ins 35-R09-0944-1126 7.00
ARRA WIA FY09 Adult-Life Ins 35-R09-0944-1130 15.00
ARRA WIA FY09 Adult-Disability Ins 35-R09-0944-1131 5.00
ARRA WIA FY09 Adult-Marketing 35-R09-0944-8053 2,000.00
ARRA WIA FY09 Adult-Contract Svcs 35-R09-0944-8057 153,485.00
ARRA WIA FY09 Adult-Equipment 35-R09-0944-8059 686.00
ARRA WIA FY09 Dislocated-Reg Wages 35-R09-0945-1002 1,758.00
ARRA WIA FY09 Dislocated-Retirement 35-R09-0945-1105 271 .00
ARRA WIA FY09 Dislocated-FICA 35-R09-0945-1120 135.00
ARRA WIA FY09 Dislocated-Medical Ins 35-R09-0945-1125 120.00
ARRA WIA FY09 Dislocated-Dental Ins 35-R09-0945-1126 7.00
ARRA WIA FY09 Dislocated-Life Ins 35-R09-0945-1130 15.00
ARRA WIA FY09 Dislocated-Disability Ins 35-R09-0945-1131 5.00
ARRA WIA FY09 Dislocated-Marketing 35-R09-0945-8053 2,000.00
ARRA WIA FY09 Dislocated-Contract Svcs 35-R09-0945-8057 380,557.00
ARRA WIA FY09 Dislocated-Equipment 35-R09-0945-8059 1,400.00
'ARRA WIA FY09 Youth In School-Reg Wages 35-R09-0946-1002 3,339.00
ARRA WIA FY09 Youth In School-Retirement 35-R09-0946-1105 424.00
ARRA WIA FY09 Youth In School-FICA 35-R09-0946-1120 256.00
I ARRA WIA FY09 Youth In School-Medical Ins 35-R09-0946-1125 229.00
ARRA WIA FY09 Youth In School-Dental Ins 35-R09-0946-1126 13.00
ARRA WIA FY09 Youth In School-Life Ins 35-R09-0946-1130 27.00
ARRA WIA FY09 Youth In School-Disability Ins 35-R09-0946-1131 10.00
ARRA WIA FY09 Youth In School-Marketing 35-R09-0946-8053 2,000.00
ARRA WIA FY09 Youth In School-Contract 35-R09-0946-8057 184,556.00
Svcs
ARRA WIA FY09 Youth In School-Equipment 35-R09-0946-8059 467.00
ARRA WIA FY09 Youth Out of School-Reg 35-R09-094 7 -1002 1,43LOO
Wages
ARRA WIA FY09 Youth Out of School- 35- R09-094 7 -11 05 182.00
Retirement
ARRA WIA FY09 Youth Out of School-FICA 35-R09-0947-1120 110.00
ARRA WIA FY09 Youth Out of School~Medical 35-R09-094 7 -1125 98.00
Ins
ARRA WIA FY09 Youth Out of School-Dental 35-R09-0947-1126 6.00
Ins
ARRA WIA FY09 Youth Out of School-Life Ins 35-R09-094 7 -1130 12.00
ARRA WIA FY09 Youth Out of School- 35-R09-094 7-1131 4.00
Disability Ins
ARRA WIA FY09 Youth Out of School- 35-R09-094 7 ':8053 2,000.00
I Marketing
ARRA WIA FY09 Youth Out of School-Contr 35-R09-094 7-8057 77,959.00
Svcs
434
ARRA WIA FY09 Youth Out of School-
Equipment
Revenues
ARRA WIA Grant FY09
35-R09-094 7 -8059
192.00
35-R09-0943-2914 920,072.00
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:
~ hl.I")OlM-J
Stephanie M. Moon, CMC
City Clerk
@-Q1]?~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of August, 2009.
No. 38568-081709.
A RESOLUTION authorizing the acceptance of a Certified Local Government
Grant from the Virginia Department of Historic Resources and authorizing execution of
any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
1 . The City Manager is hereby authorized on behalf of the City to accept
from the Virginia Department of Historic Resources a Certified Local Government Grant
in the amount of $2,000.00, with no local matching funds required by the City, such
funding being used to support a three-day Window Restoration College workshop, all of
which is more particularly described in the City Manager's letter dated August 17, 2009,
to City Council.
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435
2. The City Manager and the City Clerk are hereby authorized to execute
and attest, respectively, for and on behalf of the City, any and all requisite documents
pertaining to the City's acceptance of the grant, such documents to be approved as to
form by the City Attorney, and to furnish such additional information as may be required
by the Virginia Department of Historic Resources in connection with the grant.
APPROVED
ATTEST:
~h7. ~O\lYV
Stephanie M. Moon, CMC
City Clerk
~~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1ih day of August, 2009.
No. 38569-081709.
A RESOLUTION authorizing the acceptance of a Certified Local Government
Grant from the National Trust for Historic Preservation 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 National Trust for Historic Preservation a Certified Local Government Grant in
the amount of $2,000.00, with no local matching funds. required by the City, such
funding being used to support a three-day Window Restoration College workshop, all of
which is more particularly described in the City Manager's letter dated August 17, 2009,
to City Council.
436
2. The City Manager and the City Clerk are hereby authorized to execute I
and attest, respectively, for and on behalf of the City, any and all requisite documents
pertaining to the City's acceptance of the grant, such documents to be approved as to
form by the City Attorney, and to furnish such additional information as may be required
by the National Trust for Historic Preservation in connection with the grant.
APPROVED
ATTEST:
~m'~D~
Stephanie M. Moon, CMC
City Clerk
~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of August, 2009.
No. 38570-081709.
A RESOLUTION authorizing acceptance of the COPS Hiring Recovery Program I
funding made to the City of Roanoke by the American Recovery and Reinvestment Act
of 2009 (ARRA), 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 American Recovery and Reinvestment Act of 2009 (ARRA), the COPS Hiring
Recovery Program funding in the amount of $747,175.00, with no local match required,
to pay for the salary and benefits of five police officers for a three year period. The
funding is more particularly described in the letter of the City Manager to Council dated
August 17, 2009.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents setting forth the conditions of the funding in a form approved by
the City Attorney.
I
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437
3. The City Manager is further directed to furnish such additional information
as may be required in connection with the acceptance of the foregoing funding.
ATTEST:
APPROVED
~h1.IY]OlJ'tV
Stephanie M. Moon, CMC
City Clerk
~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of August, 2009.
No. 38571-081709.
AN ORDINANCE to appropriate funding from the Federal government's
American Recovery and Reinvestment Act (ARRA) for the Office of Community
Oriented Policing Services (COPS) COPS Hiring Recovery Program (CHRP) to provide
funding for five (5) police officers for a period of three (3) years, amending and
reordaining certain sections of the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended andreordained to read and provide as follows:
Appropriations
ARRA COPS CRHP-Regular Wages
ARRA COPS CRHP-Retirement
ARRA COPS CRHP-FICA
ARRA COPS CRHP-ICMA Match
ARRA COPS CRHP-Medicallnsurance
ARRA COPS CRHP-Dentallnsurance
ARRA COPS CRHP-Life Insurance
ARRA COPS CRHP-Disability
Insurance
Revenues
ARRA COPS CRHP Grant FY10
35-R09-0958-1002
35-R09-0958-1105
35-R09-0958-1120
35-R09-0958-1116 .
35-R09-0958-1125
35-R09-0958-1126
35-R09-0958-1130
35-R09-0958-1131
$ 523,535.00
80,730.00
40,050.00
9,750.00
84,480.00
4,110.00
4,375.00
145.00
35-R09-0958-2919
747,175.00
438
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:
~rn. hJO.~
Stephanie M. Moon, CMC
City Clerk
~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of August, 2009.
No. 38572-081709.
A RESOLUTION authorizing acceptance of the V-STOP/ARRA Grant made to
the City of Roanoke by the Virginia Department of Criminal Justice Services (DCJS),
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
1 . The City Manager is hereby authorized on behalf of the City to accept
from the Virginia Department of Criminal Justice Services (DCJS), the V-STOP/ARRA .
Grant in the amount of $70,657.00, with a local match of $23,552.00, to employ in the
Police Department a part time evening shift Domestic Violence Specialist and elevate
the civilian Sexual Violence Coordinator's position from part time to full time status. The
grant is more particularly described in the letter of the City Manager to Council dated
August 17, 2009.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents setting forth the conditions of the grant in a form approved by
the City Attorney.
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439
3. The City Manager is further directed to furnish such additional information
as may be required in connection with the acceptance of the foregoing grant.
APPROVED
ATTEST:
~p.,.hJ01l'N
Stephanie M. Moon, CMC
City Clerk
~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1ih day of August, 2009.
No. 38573-081709.
AN ORDINANCE to appropriate funding from the Federal government's
American Recovery and Reinvestment Act (ARRA) through the Commonwealth of
Virginia Department of Criminal Justice Services (DCJS) for their Virginia Services,
Training, Officers, Prosecution Violence Against Women (V-STOP) program, amending
and reordaining certain sections of the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
ARRA VSTOP EDVS- Temp Wages
ARRA VSTOP EDVS-FICA
ARRA VSTOP FTSVG-Reg Wages
ARRA VSTOP FTSVC-Retirement
ARRA VSTOP FTSVC-FICA
ARRA VSTOP FTSVC-Medical Ins
ARRA VSTOP FTSVC-'"Dental Ins
ARRA VSTOP DDVS-Reg Wages
Revenues
ARRA VSTOP Grant FY10
35-R09-0955-1004
35-R09-0955-1120
35-R09-0956-1002
35-R09-0956-1105
35-R09-0956-1120
35-R09-0956-1125
35-R09-0956-1126
35-R09-0957 -1002
$ 39,312.00
3,007.00
7,475.00
7,938.00
572.00
6,750.00
411.00
5,192.00
35-R09-0955-2918
70,657.00
440 '
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:
~dr). :.?\o'~
Stephanie M. Moon, CMC
City Clerk
~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of August, 2009.
No. 38574-081709.
AN ORDINANCE authorizing the City Manager to execute Amendment No.3 to
an~ Intergovernmental Agreement ("Agreement"), dated December 17, 1997, with
Roanoke County ("County") concerning the Regional 800 MHz Trunking Radio System
("System"), upon certain terms and conditions, and dispensing with the second reading I
of this ordinance by title.
WHEREAS, the City of Roanoke ("City") entered into an agreement with
Roanoke County on December 17, 1997, for the installation and maintenance of the
System;
WHEREAS, the Agreement has been amended twice by amendments dated
October 1, 2001, and September 19, 2005, for the purpose of providing further details
governing the operation of the joint System and the relationship between the City and
County, and to authorize the City to work jointly with the County in hiring a consultant in
connection with the FCC rebanding of certain radio frequencies; and
WHEREAS, the Agreement needs to be further amended to provide a clear,
concise and measurable description of the services, responsibilities, duties and costs of
such services to maintain the System provided by the County to the City under the
Agreement.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
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441
1. The City Manager is hereby authorized to execute an amendment to the
existing Agreement with Roanoke County to provide a clear, concise and measurable
description of the services, responsibilities, duties and costs of such services to
maintain the System provided by the County to the City under the Agreement, as more
particularly stated in the City Manager's letter to Council dated August 17, 2009, such
amendment to be in form as approved by the City Attorney.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~h1'~D~
Stephanie M. Moon, CMC
City Clerk
~~.....
~~~C__~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2009.
No. 38575-081709.
A RESOLUTION authorizing the filing of an application to amend the INPUD,
Institutional Planned Unit Development, plan on property which is located at 2815
Spessard Avenue, S. W., owned by the City of Roanoke, and is designated as Official
Tax No. 1640317.
WHEREAS, the City of Roanoke owns certain property located at 2815 Spessard
Avenue, S. W., which is designated as Official Tax No. 1640317, comprising the
Grandin Court Elementary School campus;
WHEREAS, such property is currently zoned INPUD, Institutional Planned Unit
Development;
WHEREAS, currently, Grandin Court Elementary School has no gymnasium or
indoor play area for the students, and an amendment of the INPUD plan would be
necessary to provide for this structure; and
WHEREAS, it is the desire of City Council to consider the amendment of the
INPUD, Institutional Planned Unit Development, plan.
442
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as I
follows:
1. That public necessity, convenience, general welfare and good zoning
practice require the filing of an application to amend the INPUD, Institutional Planned
Unit Development, plan for the purpose of permitting the construction of a
gymnasium/indoor play area for the students.
2. That the City Manager is authorized to file an application, similar in form
and content to the application attached to the letter dated August 17, 2009, to this
Council, approved as to form by the City Attorney, to amend the INPUD, Institutional
Planned Unit Development, plan for the purpose of permitting the construction of a
gymnasium/indoor play area for the students.
APPROVED
ATTEST:
~1rJ.~~
Stephanie M. Moon, CMC
City Clerk
~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 1ih day of August, 2009.
No. 38576-081709.
AN ORDINANCE authorizing the City Manager to enter into a Memorandum of
Understanding between the City of Roanoke and the City of Roanoke School Board
pertaining to the Roanoke City Public Schools purchase of its motor fuels from the City
at dispensing facilities provided by the City; and dispensing with the second reading of
this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and attest,
respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, a
Memorandum of Understanding between the City of Roanoke and the City of Roanoke
School Board pertaining to the Roanoke City Public Schools purchase of its motor fuels
from the City at dispensing facilities provided by the City, such Memorandum of
Understanding to be upon such terms and conditions as are more particularly described I
in the City Manager's letter dated August 17, 2009, to this Council.
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443
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.~clllY0
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of August, 2009.
No. 38577-081709.
AN ORDINANCE authorizing the City Manager to execute a playground
maintenance and inspection agreement dated July 1, 2009, which will supercede the
Playground and Maintenance Inspection Agreement dated September 1 , 2008, between
the City of Roanoke and the School Board of the City of Roanoke, upon certain terms
and conditions; and dispensing with the second reading by title of this ordinance.
WHEREAS, the City of Roanoke and the School Board of the City of Roanoke
have requested to amend certain terms and conditions contained in the Playground and
Maintenance Inspection Agreement dated September 1 J 2008, between the City and the
School Board and to have such terms and conditions set forth in a new agreement
between the parties.
BE IT ORDAINED by the Council of the City of Roanoke that:
1 . The City Manager and the City Clerk are authorized to execute and attest,
respectively, in form approved by the City Attorney, a playground maintenance and
inspection agreement dated July 1, 2009, which will supercede the Playground and
Maintenance Inspection Agreement dated September 1, 2008, between the City of
Roanoke and the School Board of the City of Roanoke, upon the terms and conditions
as more particularly set forth in the City Manager's letter dated August 17, 2009, to this
Council, and the copy. of the -playground maintenance and inspection agreement
attached thereto.
444
2. 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:
~h7.h}N
Stephanie M. Moon, CMt
City Clerk
Si)Qm-..,,-
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of August, 2009.
No. 38578-081709.
AN ORDINANCE amending Section 21-25, Willful damaoe to or defacement of
public private facilities, of Article I, In General. of Chapter 21, Offenses-Miscellaneous,
to conform the provisions of Section 21-25 with changes in state enabling legislation;
and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
I
1. Section 21-25, Willful damaoe to or defacement of public private facilities,
of Chapter 21, Offenses-Miscellaneous is hereby amended and reordained to read and
provide as follows:
Sec. 21-25. Willful damage to or defacement of public or private facilities.
(a) Graffiti Defacement defined. GraffitiDefacement means the unauthorized
application by any means of any writing, painting, drawing, etching, scratching, or
marking of an inscription, workd, mark, figure or design of any type. on any public
buildings, facilities and personal property or any private buildings, faoilities and personal
property.
(b) Violation and penalty. It shall be unlawful and a Class 1 misdemeanor for
any person to willfully and maliciously damage or deface, by applioation of graffiti or
otherwise, any public buildings, facilities and personal property or any private buildings,
facilities and personal property. The punishment for any such violation in which the
defacement is (i) more than 20 feet off the ground, (ii) on a railroad or highway
overpass, or (iii) committed for the benefit of, at the direction of, or in association with I
any criminal street gang, as that term is defined by section 18.2-46.1, Code of Virginia,
shall include a mandatory minimum fine of five hundred dollars ($500.00).
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(c)
Community service.
(1) Upon a finding of guilt in any case tried before the court without a
jury, if the violation of this section constitutes a first offense which results in property
damage or loss, the court, without entering a judgment of guilt, upon motion of the
defendant, may defer further proceedings and place the defendant on probation
pending completion of a plan of community service work. If the defendant fails or
refuses to complete the community service as ordered by the court, the court may make
final disposition of the case and proceed as otherwise provided. If the community
service work is completed as the court prescribes, the court may discharge the
defendant and dismiss the proceedings against him. Discharge and dismissal under this
section shall be without adjudication of guilt and is a conviction only for the purposes of
applying this section in subsequent proceedings.
(2) Any community service ordered or directed for a violation of
subsection (b) shall, to the extent feasible, include the repair, restoration or replacement
of any damage or defacement to property within the city and may include clean-up,
beautification, landscaping or other appropriate community service within the city. A
designee of the city manager shall supervise the performance of any community service
work required and shall report thereon to the court imposing such requirement. At or
before the time of sentencing, the court shall receive and consider any plan for making
restitution or performing community service submitted by the defendant. The court shall
also receive and consider the recommendations of the supervisor of community service
in the city concerning the plan.
(3) Notwithstanding any other provision of law, no person convicted of
a violation of this section shall be placed on probation or have his sentence suspended
unless such person shall make at least partial restitution for such property damage or is
compelled to perform community services, or both, as is more particularly set forth in
Code of Virginia section 19.2-305.1.
(d) Authority of city to remove or repair.
(1) The city manager is authorized to undertake or contract for the
removal or repair of the defacement, including but not limited to debcement by
application of graffiti, of any public building, wall, fence or other structure or any private
building, wall, fence or other structure where such defacement is visible from any public
right-of-way.
(2) Prior to such removal, the city manager shall give notice to the
owner and lessee, if any, of any private building or facility that has been defaced that,
within fifteen (15) days of receipt of such notice, if the owner or lessee does not clean or
cover the defacement or object to the removal of the defacements, the city may clean,
ef cover, or repair the defacement.
446
(3) Except as provided herein, Aall such removal or repair, unless
undertaken by the property owner, shall be at the expense of the city; provided I
however, that the removal or repair work may be undertaken by volunteers or
individuals required to perform community service by order of any court, under
appropriate city supervision.
(4) If the defacement occurs on a public or private building, wall, fence,
or other structure located on an unoccupied property, and the city, through its own
agents or employees, removes or repairs the defacement and after complying with the
notice provisions of this section, the actual cost or expenses thereof shall be chargeable
to and paid by the owners of such property and may be collected by the city as taxes
are collected.
(5) Every charge authorized by this section with which the owner of
any such property shall have been assessed and that remains unpaid shall constitute a
lien against such property, ranking on a parity with liens for unpaid local taxes and
enforceable in the same manner as provided in Articles 3 (S58.1-3940 et seq.) and 4
(S58. 1-3965 et seq.) of Chapter 39 of Title 58. 1, Code of Virginia. The director of
finance may waive and release such liens in order to facilitate the sale of the property.
Such liens may be waived only as to a purchaser who is unrelated by blood or marriage
to the owner and who has no business association with the owner. All such liens shall
remain a personal obligation of the owner of the property at the time the liens were
imposed.
(6) The court may order any person convicted of unlawfully defacing
property described in subsection (b) to pay full or partial restitution to the city for costs
incurred by the city in removing or repairing the defacement.
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(7) An order of restitution pursuant to this section shall be docketed as
provided in SB. 0 1-446, Code of Virginia, when so ordered by the court or upon written
request of the city and may be enforced by the city in the same manner as a judgment
in a civil action.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is dispensed with.
APPROVED
ATTEST:
~!h. IYlOCM/
Stephanie M. Moon, CMC
City Clerk
~Qa-?~
David A. Bowers
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of August, 2009.
No. 38579-081709.
447
AN ORDINANCE to appropriate funding from the Federal and Commonwealth
governments for various educational programs amending and reordaining certain
sections of the 2009-2010 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 2009-2010 School Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Materials and
Supplies
Technical Hardware
Capital Equipment
Supplemental Pay
Social Security
Coordinator Salary
Clerical
Social Security
Teacher Salary
Supplemental Pay
State Group Life
Insurance
Social Secu rity
Retirement
Mileage
Professional
Development
Materials & Supplies
Technology Hardware
Teachers
Professional Services
Instructional Supplies
302-170-3000-1160-306D-61100-46614-3-03 $ 6,000.00
302-170-3000-1160-306D-61100-46650-3-03
302-170-3000-1160-306D-61100-48821-3-03
302-11 0-0000-1304-309D-611 00-41129-3-01
302-11 0-0000-1304-309D-611 00-42201-3-01
307 -140-0000-1 000-145S-6121 0-41138-9-08
307 -140-0000-1 000-145S-6121 0-41151-9-08
307-140-0000-1 000-145S-6121 0-42201-9-08
302-120-0000-1 050-330D-611 00-41121-3-02
302-120-0000-1 050-330D-611 00-41129-3-02
302-120-0000-1 050-330D-611 00-42200-3-02
302-120-0000-1 050-330D-611 00-42201-3-02
302-120-0000-1 050-330D-611 00-42202-3-02
302-120-0000-1 050-330D-611 00-45551-3-02
302-120-0000-1 050-330D-611 00-45554-3-02
302-120-0000-1 050-330D-611 00-46614-3-02
302-120-0000-1 050-330D-611 00-46650-3-02
302-120-0000-0000-111 D-611 00-41121-9-02
302-120-0000-0000-111 D-611 00-43311-9-02
302-120-0000-0000-111 D-611 00-46614-9-02
4,000.00
2,459.80
19,507.66
1,492.34
5,544.79
7,000.00
1,405.21
13,176.00
2,840.00
126.10
1 ,225.23
1,819.60
(1,250.00)
(250.00)
(250.00)
(250.00)
93,758.00
10,000.00
15,000.00
448
Revenues
State G rant Receipts
State Grant Receipts
Federal Grant
Receipts
State Grant Receipts
Federal Grant
Receipts
302-000-0000-0000-306D-00000-32252-0-00
302-000-0000-0000-309D-00000-32418-0-00
307 -000-0000-0000-145S-00000-38196-0-00
12,459.80
21,000.00
13,950.00
302-000-0000-0000-330D-00000-32295-0-00 17,186.93
302-000-0000-0000-111 D-00000-38027 -0-00 118,758.00
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:
~ tn. h--)()~
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2009.
No. 38580-081709.
A RESOLUTION requesting the U. S. Postal Service not to close or consolidate
post offices in the City of Roanoke.
WHEREAS, the independent U. S. Government Postal Regulatory Commission
has completed a study, called "Making Sense of It All: An Examination of US PC's
Station and Branch Optimization Initiative and Delivery Route Adjustments," which
projects that the U. S. Postal Service is expected to lose approximately $7.1 billion by
the end of the 2009 fiscal year;
WHEREAS, the U. S. Postal Service, accordingly, is exploring ways to trim its
costs of operation, and is considering closing or consolidating at least 677 post offices
throughout the country, including the downtown, Grandin Road, Hollins College,
Melrose, and Williamson Road branches in the Roanoke area;
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449
WHEREAS, the U. S. Postal Service currently operates 32,741 post offices
throughout the country, and it appears that the five stations selected for study in the
Roanoke area reflect a disproportionate number of local postal stations being studied
for possible closure or consolidation with other offices; and
WHEREAS, each of the eleven post offices in the Roanoke area is important to
local residents, and should remain open;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The U. S. Postal Service is respectfully requested not to close or
consolidate any of the post offices in the City of Roanoke.
/
2. The City Clerk is directed to forward certified copies of this Resolution to
Congressman Bob Goodlatte, Edward Schaben, Postmaster, Roanoke, and Postmaster
General John Potter.
APPROVED
ATTEST:
~ hi. '::IDIM)
Stephanie M. Moon, CMC
City Clerk
D~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1 ih day of August, 2009.
No. 38581-081709.
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 5,178 acres at the Carvins Cove Natural Reserve,
such easement covering all the portion of the Reserve owned by the City between the
1,500 and 1,200 foot elevation contour lines as depicted on the Daleville, Catawba,
Roanoke and Salem USGS Topographic Quadrangle Maps; and dispensing with the
second reading by title of this ordinance.
/
450
WHEREAS, a public hearing was held August 17, 2009, pursuant to 915.2- I
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
August 17, 2009, 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
ATTEST:
~h1. ~OUYV
Stephanie M. Moon, CMC
City Clerk
("i'\~Of&"'A"~
~~I ..----
David A. Bowers
Mayor
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451
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 8th day of September, 2009.
No. 38582-090809.
A RESOLUTION authorizing the issuance of Thirteen Million Nine Hundred
Forty-Five Thousand Dollars ($13,945,000.00) 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.
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 $13,945,000.00 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;
452
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 $13,945,000.00 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 forl11 in the
denomination of $5,000.00 each or any whole multiple thereof. The Bonds of a given
series shall be numbered from No. R-1 upwards in order of issuance. The Bonds shall
bear interest from their date payable on such date and semiannually thereafter as shall
be determined by the City Manager and the Director of Finance in accordance with the
provisions of Section 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 sixty (360) day year comprised of twelve (12)
thirty (30) day months.
(c) The Bonds (or portions thereof in installments of $5,000.00) shall be
subject to redemption at the option of the City prior to their stated maturities, in whole or
in part from time to time on any date, in such order as may be determined by the City
(except that if at any time less than all of the Bonds of a given maturity are called for
redemption, the particular Bonds or portions thereof in installments of $5,000.00 of such
maturity to be redeemed shall be selected by lot), upon payment of such redemption
prices (expressed as a percentage of the principal amount of the Bonds to be
redeemed), together with the interest accrued thereon to the date fixed for the
redemption thereof, as shall be determined by the City Manager and the Director of
Finance in accordance with the provisions of Section 8 hereof.
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453
(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.
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").
454
(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 9 with regard to the form of such Bonds shall be modified as
the Director of Finance shall determine to be necessary or appropriate.
(d) The execution and authentication of the Bonds in the manner set forth
above is adopted as a due and sufficient authentication of the Bonds.
SECTION 4. (a) The principal of and interest on the Bonds shall be payable
in such coin or currency of the United States of America as at the respective dates of
payment thereof is legal tender for public and private debts. The principal of the Bonds
shall be payable upon presentation and surrender hereof at the office of the Registrar.
Interest on the Bonds shall be payable by check mailed by the Registrar to the
registered owners of such Bonds at their respective addresses as such addresses
appear on the books of registry kept pursuant to this Section 4; provided, however, that
so long as the Bonds are in book-entry form and registered in the name of Cede & Co.,
as nominee of DTC, or in the name of such other nominee of DTC as may be requested
by an authorized representative of DTC, interest on the Bonds shall be paid directly to
Cede & Co. or such other nominee of DTC by wire transfer.
(b) At all times during which any Bond of any series remains outstanding and
unpaid, the Registrar for such series shall keep or cause to be kept at its office books of
registry for the registration, exchange and transfer of Bonds of such series. Upon
presentation at its office for such purpose the Registrar, under such reasonable
regulations as it may prescribe, shall register, exchange or transfer, or cause to be
registered, exchanged or transferred, on the books of registry the Bonds as
hereinbefore set forth.
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455
(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.
(g) (i) The Bonds shall be issued in full book-entry form. One Bond
representing each maturity of the Bonds will be issued to and registered in the name of
Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such
Bond will be immobilized in the custody of DTC. DTC will act as securities depository
for the Bonds. Individual purchases will be made in book-entry form only, in the
principal amount of $5,000.00 or any whole multiple thereof. Purchasers will not receive
physical delivery of certificates representing their interest in the Bonds purchased.
(ii) Principal 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.
456
(iii) The City will not be responsible or liable for sending transaction
statements or for maintaining, supervising or reviewing records maintained by DTC, its
participants or persons acting through such participants or for transmitting payments to,
communicating with, notifying, or otherwise dealing with any beneficial owner of the
Bonds.
SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds,
but no such number shall constitute a part of the contract evidenced by the particular
Bond upon which it is printed; no liability shall attach to the City or any officer or agent
thereof (including any paying agent for the Bonds) by reason of such numbers or any
use made thereof (including any use thereof made by the City, any such officer or any
such agent) or by reason of any inaccuracy, error or omission with respect thereto or in
such use; and any inaccuracy, error or omission with respect to such numbers shall not
constitute cause for failure or refusal by the successful bidder or purchaser to accept
delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses
in connection with the assignment and printing of CUSIP numbers on the Bonds shall
be paid by the City; provided, however, that the CUSIP Service Bureau charge for the
assignment of such numbers shall be the responsibility of the successful bidder for or
purchaser of the Bonds.
(b) A copy of the final legal opinion with respect to the Bonds, with the name
of the attorney or attorneys rendering the same, together with a certification of the City
Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a
true and complete copy (except for letterhead and date) of the legal opinion which was
dated as of the date of delivery of and payment for the Bonds, may be printed on the
Bonds.
SECTION 6. (a)To the extent it shall be contemplated at the time of their
issuance that the interest on any Bonds issued hereunder shall be excludable from
gross income for purposes of federal income taxation, the City covenants and agrees
that it shall comply with the provisions of Sections 103 and 141-150 of the Internal
Revenue Code of 1986 (the "1986 Code") and the applicable Treasury Regulations
promulgated under such Sections 103 and 141-150 so long as any such Bonds are
outstanding.
(b) In the event the City shall determine to issue all or a portion of the Bonds
as taxable "Build America Bonds", the City Manager is hereby authorized to irrevocably
elect to have Section 54AA of the 1986 Code apply to such Bonds and the City
Manager, the Director of Finance and other City officials are hereby authorized to take
all such actions as shall be necessary in order for such Bonds to meet the requirements
of the Section 54AA of the 1986 Code and the applicable Treasury Regulations
promulgated thereunder.
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(c) In the event the City shall determine to issue all or a portion of the Bonds
as "bank qualified bonds" under Section 265(b)(3) of the 1986 Code, the City Manager
is hereby authorized to designate such Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b)(3) of the 1986 Code.
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
Roanoke River Flood Reduction Project
Parks and Recreation
Amphitheater
Public Bridges
Curbs, Gutter and Sidewalk Improvements
$2,500,000.00
1,455,000.00
6,740,000.00
1,200,000.00
1,050,000.00
1.000.000.00
$13,945,000.00
If any project set forth above shall require less than the entire respective amount so set
forth, the difference may be applied to any of the other projects so set forth.
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 here~y further
authorized to receive bids for the purchase of the Bonds of each series
458
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 to the City with respect to the Bonds of any series
exceed six percent (6.00%) (provided, however, that in calculating the true interest cost
to the City for any series of Build America Bonds the City may take into account any
interest rate subsidy payable to the City by the United States). The City Manager and
the Director of Finance are further authorized to fix the rates of interest to be borne by
the Bonds of each maturity of each series as specified in the bid accepted by them in
accordance with the immediately preceding sentence. The City Manager and the
Director of Finance are hereby authorized to determine the provisions relating to the
redemption of the Bonds upon the advice of the City's financial advisor; provided,
however, in no event shall any redemption premium payable by the City exceed two
percent (2.00%).
(b) The Mayor is hereby authorized and directed to execute and deliver to the
purchasers of the Bonds an Official Statement of the City relating to the Bonds, in
substantially the form of the Preliminary Official Statement relating to the Bonds, after
the same has been completed by the insertion of the maturities, interest rates and other
details of the Bonds and by making such other insertions, changes or corrections as the
Mayor, based on the advice of the City's financial advisors and legal counsel (including
the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council
hereby authorizes the Official Statement and the information contained therein to be
used by the purchasers in connection with the sale of the Bonds. The Preliminary
Official Statement is "deemed final" for purposes of Rule 15c2-12 promulgated by the
Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934
("Rule 15c2-12"). The City Manager and the Director of Finance are hereby authorized
and directed to execute on behalf of the City and deliver to the purchasers a certificate
in substantially the form to be included in the Official Statement under the caption
"Certificate Concerning Official Statement".
(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 15c2-12 in such form as shall be
approved by the City Manager and the Director of Finance upon advice of counsel
(including the City Attorney and Bond Counsel), such approval to be conclusively
evidenced by their execution thereof.
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(d) All actions and proceedings heretofore taken by this Council, the City
Manager, the Director of Finance and the other officers, employees, agents and
attorneys of and for the City in connection with the issuance and sale of the Bonds are
hereby ratified and confirmed.
SECTION 9. The Bonds, the certificate of authentication of the Registrar,
and the assignment endorsed on the Bonds, shall be in substantially the forms set forth
in Exhibit A attached hereto.
SECTION 10. General obligation public improvement bond anticipation notes
(the "Notes") are authorized for issuance and sale by the City Manager and the Director
of Finance in anticipation of the issuance of the general obligation bonds authorized for
issuance herein. Such Notes shall be sold at competitive or negotiated sale at such
price or prices and on such other terms and conditions as shall be determined by the
City Manager and the Director of Finance. The City Manager and the Director of
Finance (i) are hereby authorized to determine the dated date of the Notes of each
series, the dates the Notes of each series shall mature, the dates on which interest on
the Notes shall be payable, the aggregate principal amount of the Notes of each series
and the principal amount of the Notes of each series maturing in each year and (ii) are
hereby further authorized to receive bids for the purchase of the Notes of each series if
sold at competitive sale or proposals for the purchase of the Notes of each series if sold
at negotiated sale and, without further action of this Council, to accept the bid or
proposal offering to purchase the Notes of each series at the lowest true interest cost to
the City; provided, however, in no event shall the true interest cost to the City 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
460
provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of
Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the
same extent the same apply to the Bonds except, in the case of the provisions of
Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or
from any other available funds. Bonds in anticipation of which such Notes are issued
pursuant to this Section 10 may be issued and sold in accordance with the provisions of
this Resolution at any time within five (5) years of the date of issuance of the first Notes
issued in anticipation of such Bonds.
SECTION 11. The Council hereby authorizes the City to make expenditures
for the purpose for which the Bonds are to be issued in advance of the issuance and
receipt of the proceeds of the Bonds and to reimburse such expenditures from the
proceeds of the Bonds. The adoption of this Resolution shall be considered an "official
intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under
the Internal Revenue Code of 1986.
SECTION 12. The City Clerk is hereby directed to file a copy of this
Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of
the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of
Virginia, 1950.
SECTION 13. All ordinances, resolutions and proceedings in conflict
herewith are, to the extent of such conflict, repealed.
EXHIBIT A
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES
REGISTERED
No. R-_
REGISTERED
$
MATURITY
DATE:
INTEREST
RATE:
CUSIP NO.:
DATE OF BOND:
REGISTERED OWNER: CEDE & CO.
PRINCIPAL SUM:
DOLLARS
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KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the
Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted
and hereby promises to pay to the Registered Owner (named above), or registered
assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to
prior redemption and shall have been duly called for previous redemption and payment
of the redemption price duly made or provided for), the Principal Sum (specified above),
and to pay interest on such Principal Sum on and semiannually
on each and thereafter (each such date is hereinafter
referred to as an "interest payment date"), from the date hereof or from the interest
payment date next preceding the date of authentication hereof to which interest shall
have been paid, unless such date of authentication is an interest payment date, in which
case from such interest payment date, or unless such date of authentication is within
the period from the sixteenth (16th) day to the last day of the calendar month next
preceding the following interest payment date, in which case from such following
interest payment date, such interest to be paid until the maturity or redemption hereof at
the Interest Rate (specified above) per annum, by check mailed by the Paying Agent
hereinafter mentioned to the Registered Owner in whose name this Bond is registered
upon the books of registry, as of the close of business on the fifteenth (15th) day
(whether or not a business day) of the calendar month next preceding each interest
payment date; provided, however, that so long as this Bond is in book-entry only form
and registered in the name of Cede & Co., as nominee of The Depository Trust
Company ("DTC"), or in the name of such other nominee of DTC as may be requested
by an authorized representative of DTC, interest on this Bond shall be paid directly to
Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall
be calculated on the basis of a three hundred sixty (360) day year comprised of twelve
(12) thirty (30) day months. The principal of this Bond is payable upon 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.
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.
462
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 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.
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The Bonds of the issue of which this Bond is one maturing on
are subject to mandatory sinking fund redemption on _, _ and on
of each year thereafter and to payment at maturity on _, _ in the principal
amounts in each year set forth below, in the case of redemption with the particular Bond
or Bonds maturing on _, _or portions thereof to be redeemed to be selected
by lot, upon payment of the principal amount of the Bonds maturing on _, _
to be redeemed, together with the interest accrued on the principal amount to be
redeemed to the date fixed for the redemption thereof:
-,-
Year
Principal Amount
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The City, at its option, may credit against such mandatory sinking fund redemption
requirement the principal amount of any Bonds maturing on _, _which have
been purchased and cancelled by the City or which have been redeemed and not
theretofore applied as a credit against such mandatory sinking fund redemption
requirement.
If this Bond is redeemable and this Bond (or any portion of the principal amount
hereof in installments of $5,000.00) shall be called for redemption, notice of the
redemption hereof, specifying the date, number and maturity of this Bond, the date and
place or places fixed for its redemption, 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 OJ 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 I
class mail, postage prepaid, to the Registered Owner hereof at his address as it
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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.
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.
464
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:
City Clerk
CERTIFICATE OF AUTHENTICATION
], as Registrar
By:
Authorized Signatory
Date of Authentication:
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ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and
transfer(s) unto
Please print or type name and address, including postal zip code of Transferee)
PLEASE INSERT SOCIAL SECURITY
OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE:
the within Bond and all rights thereunder, hereby irrevocably constituting and appointing
, Attorney, to transfer
such Bond on the books kept for the registration thereof, with full power of substitution
in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be
guaranteed by a member firm of The
New York Stock Exchange, Inc. or a
commercial bank or trust company.
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the
Registered Owner as it appears on the
face of this Bond in every particular,
without alteration, enlargement or any
change whatsoever.
APPROVED
ATTEST:
~c. .rtt>t7.,.......~_
U/~a ----~
--- Ih. m f)WV
Stephanie M. Moon, CM~ L
City Clerk
David A. Bowers
Mayor
466
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 8th day of September, 2009.
No. 38584-090809.
A RESOLUTION accepting the Department of Motor Vehicles Traffic Safety
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's Department of Motor Vehicles, the Department of Motor Vehicles Traffic
Safety Grant in the amount of $47,399.00, for a period beginning October 1, 2009,
through September 30, 2010, to be designated for overtime and related employer
payroll taxes associated with conducting selective enforcement activities. The grant,
which requires a $9,480.00 in-kind match by the City, is more particularly described in
the letter of the City Manager to Council, dated September 8, 2009.
2. The City Manager is hereby authorized to execute and file, on behalf of I
the City, any documents setting forth the conditions of the grant in a form approved by
the City Attorney.
3. The City Manager is further directed to furnish such additional information
as may be required by the Commonwealth of Virginia, Department of Motor Vehicles, in
connection with the City's acceptance of this grant.
APPROVED
ATTEST:
~m-~oOYv
Stephanie M. Moon, CMC
City Clerk
S)~
David A. Bowers
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
467
The 8th day of September, 2009.
No. 38585-090809.
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 2009-2010 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 2009-2010 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 FY10
35-640-3443-1003
35-640-3443-1120
35-640-3443-2035
35-640-3443-2044
35-640-3443-3443
$ 32,272.00
2,468.00
12,159.00
500.00
47,399.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~1n.Jr;bdY1)
Stephanie M. Moon, CMC
City Clerk
s-;jCX~--
David A. Bowers
Mayor
468
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 8th day of September, 2009.
No. 38586-090809.
A RESOLUTION authorizing acceptance of a donation of vehicles awarded to the
Roanoke City Police Department by the United States Marshals Service, and
authorizing execution of any and all necessary documents to accept the funds.
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 United States Marshals Service the donation of two new 2010 Dodge Charger
unmarked patrol vehicles, valued at $23,100.00 each, and two new 2010 Ford Crown
Victoria unmarked patrol vehicles, valued at $24,500.00 each, making a total donation
of vehicles in the amount of $95,200.00, with no matching funds required, to the
Roanoke City Police Department to be used by the Warrant Service Unit. This donation
is more particularly described in the letter of the City Manager to Council dated
September 8, 2009.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents required to accept such donations. All documents to be
executed on behalf of the City shall be approved as to form by the City Attorney.
APPROVED
ATTEST:
~~m fY)OOYV
Stephanie M. Moon, CMC
City Clerk
~ r-Yr17 ....-.,.~
:::JI ,-~YJ4 - - -
David A. Bowers
Mayor
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469
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 8th day of September, 2009.
No. 38587-090809.
AN ORDINANCE amending and reordaining Section 14.1-1, Definitions, Section
14.1-15, General container requirements, Section 14.1-17, Placement of brush, bulk
brush, lawn rakinQs and loose leaves for collection by the city, Section 14.1-21, Certain
solid waste not to be collected-Generally, and Section 14.1-23, Placement and
collection of bulk items, brush and loose leaves, of Chapter 14.1, Solid Waste
ManaQement, of the Code of the City of Roanoke (1979), as amended; 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. Chapter 14.1, Solid Waste Manaqement, of the Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained, to read and provide
as follows:
Sec. 14.1-1. Definitions.
* * *
Bagged leaves shall mean leafy yard debris consisting of leaves
resulting from ordinary yard maintenance contained inside a plastic
or paper bag.
* * *
Leaf season shall mean the period of time during which bagged leaf
collection is scheduled as determined by the City Manager. ffem
November 1 until Deoember 31 of any calendar year.
* * *
Solid waste shall mean refuse, brush, lawn rakings, bagged leaves,
loose leaves, recyclables and bulk items.
* * *
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Sec. 14.1-15.
Sec. 14.1-17.
General container requirements.
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(a) Except in the central business district, any owner or occupant
of any dwelling unit, business, commercial establishment,
institution, or other location who sets out any refuse, including lawn
rakings and looee leavee, for collection by the city shall place the
same in an automated collection container, except at:: provided for
in seotion 11.1 17 for loose lea':et:: during leaf t::eason and as
provided for in section 14.1-23 of this article for bulk items and
bagged leaves.
* * *
Placement of brush, bulk brush, lawn rakings and bagged
tease leaves for collection by the city.
* * *
(b) Bulk items. All bulk items shall be placed at the curb for
collection pursuant to section 14.1-16, or in an automated I
container. A plastic or paper bag containing only leaves shall not be
considered a bulk item during leaf season.
* * *
(d) Bagged Loose leaves. Leaves gathered for disposal During
leaf season, all loose leavee not pboed in an automated oolleotion
oontainer must bo t::eparated from all brueh and la':m rakings and
muet either be raked at:: olose as possiblo to the ourb or edge of
asphalt without altering t::torm'.vater drainago flow, or impeding
sidewalk aooocc, traffio floV'.', or on ctroot parking; or plaoed in a
plactio garbage bag of at least thirteen gallon capaoity whioh must
be secured against spillage. \O\'hen not during leaf season, all looso
lea'les shall be placed in either an automated collection container
or placed in a plastic or paper garbage bag of at least thirteen-
gallon capacity which must be secured against spillage.
* * *
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Sec. 14.1-21.
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Sec. 14.1-23.
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Certain solid waste not to be collected--Generally.
(a) I Acids, asphalt, automobile parts, brick, caustics, concrete,
dead animals, earth, explosives or other dangerous materials, fire-
damaged items, grease from non-residential establishments,
hazardous waste, heavy metal, loose leaves, manure, plate or large
broken glass, poisons, rock, rubbish from construction, remodeling,
razing and repair operations on houses, commercial buildings and
other structures, sheet rock, stone, stumps, topsoil or trees shall
not be placed out for collection by and shall not be removed by the
city, and in no circumstances shall hazardous waste be put out for
collection by any person. Manure, topsoil, earth, stone, rock, briok,
concrete, asphalt, heavy metal, sheet rock, plate or large broken
glacc, automobile parts, dead animals, greace from non residential
CE:tablishments, poisons, caustios, aoids, hazardous v.'acte, trees,
stumps, explosives, or other dangerous materials, or rubbish from
oonstruotion, remodeling, razing and repair operations on houces,
oommercial buildings and other struotures, or fire damaged items
shall not be plaoed out for oolleotion by and shall not be removed
by the city, and in no oircumstanoes shall hazardous '.vaste be put
out for oolleotion by any person.
* * *
Placement and collection of bulk items, brush and bagged
./ease leaves.
(a) The city will provide bulk item, brush, and bagged leaf
collection for the owner or occupant of any dwelling unit or
multifamily dwellings who uses an automated collection container
provided by the city. Such owner or occupant shall place bulk
items, bagged leaves or brush as close as possible to the curb, and
if there is no curb, as close as possible to the street, or in an
automated collection container. During leaf season only, loose
lea'les may be plaoed as olose as possible to the ourb or edge of
asphalt, so long as they do not alter stormwater drainage flO'.\I, or
impede sidev.'alk access, traffic fIO'.'V, or on street parking. Such
placement shall be made no earlier than 7:00 p.m. of the day ~
seven (7) days regarding loose leaf oolleotion) prior to the
scheduled date of collection and no later than 7:00 a.m. of the day
scheduled for collection. No collection of bulk items, brush or
bagged./ease leaves will be made from any alley. All woody or leafy
yard waste must be stacked in a pile that is no greater than four (4)
472
feet wide, four (4) feet long, and four (4) feet high. No single branch
placed for collection can be greater than four (4) feet in length or
three (3) inches in diameter.
(b) Every owner or occupant utilizing the brush, bagged leaves
and bulk item collection service shall take adequate precautions to
secure all such ::my bulk items in such a manner as to ensure the
safety of the public. All doors on a refrigerator or freezer shall be
removed, and all brush and contents of bagged leaves shall be
secured so as to prevent being blown and scattered by wind.
(c) No more than six (6) bulk items may be collected and removed
at anyone time. In addition, no more than one (1) pick-up truck
load of brush may be collected and removed at anyone time.
Bagged Loose leaves placed oontained in a plastic bag left out for
collection by the city during leaf season shall not be considered
bulk items. The allowable number of plastic and paper bags
collected during leaf season shall be determined by the City
Manager.
* * *
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:
~fn. ~bbYV
Stephanie M. Moon, CMC
City Clerk
<:;i)~
David A. Bowers
Mayor
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473
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 8th day of September, 2009.
No. 38588-090809.
AN ORDINANCE approving a requested time extension and authorizing the
proper City officials to execute an Amendment No. 1 to a Performance Agreement
dated September 20, 2007, among the City of Roanoke, (City), the Economic
Development Authority of the City of Roanoke, Virginia, (EDA), and the Roanoke Hotel
Group, LLC, (RHG), which Amendment will provide for a time extension concerning
certain obligations of RHG under such Performance Agreement; authorizing the City
Manager to take such actions and execute such documents as may be neces?ary to
provide for the implementation, administration, and enforcement of such Amendment
No. 1 to the Performance Agreement and of the Performance Agreement itself; and
dispensing with the second reading by title of this Ordinance.
WHEREAS, the City, the EDA, and RHG entered into a Performance Agreement
dated September 20, 2007, (Performance Agreement), concerning RHG's proposed
development of certain property mentioned therein, the construction of a Cambria
Suites hotel as mentioned therein, and which was subject to certain terms and
conditions contained in such Performance Agreement; and
WHEREAS, RHG has requested a time extension for completion of some of
RHG's obligations under such Performance Agreement, and City staff recommends
granting such request. After approval by the City, the Amendment No.1 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 RHG's requested time extension. for
completion of some of RHG's obligations under the Performance Agreement, namely
those items relating to Subsections 2(B) and 2(C), as set forth in the City Manager's
letter to Council dated September 8, 2009, and the draft Amendment No. 1 attached
thereto.
2. The City Manager is authorized on behalf of the City to execute an
Amendment No. 1 to the Performance Agreement, providing for a certain time extension
for RHG to complete some of RHG's obligations thereunder, 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.
474
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 No. 1 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:
~ 1rJ. h)D~
Stephanie M. Moon, CMC
City Clerk
g-roto---
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 8th day of September, 2009.
No. 38589-090809.
AN ORDINANCE to transfer funding from the Comprehensive Greenway Trail
project to the Roanoke River Greenway/Tinker Creek Bridge project, amending and
reordaining certain sections of the 2009-2010 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 2009-2010 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Appropriated from State Grant Funds
Appropriated from General Revenue
Appropriated from State Grant Funds
Revenues
Roanoke River Greenway/Tinker
Creek Bridge
Comprehensive Greenway Trail
08-620-9200-9003
08-620-9200-9007
08-620-9753-9003
08-620-9753-9007
$180,000.00
200,000.00
(180,000.00)
(200,000.00)
08-620-9200-9200
08-620-9753-9912
200,000.00
(200,000.00)
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475
Pursuant 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
~~-
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 8th day of September, 2009.
No. 38590-090809.
A RESOLUTION confirming the appointment of Jonathan E. Craft as the Deputy
City Clerk effective September 8,2009.
WHEREAS, the City Clerk desires to appoint Jonathan E. Craft as Deputy City
Clerk of the City of Roanoke effective September 8, 2009, to which appointment this
Council desires to express its consent as required by 924 of the Roanoke City Charter
of 1952.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the
appointment effective September 8, 2009, by the City Clerk of Jonathan E. Craft as
Deputy City Clerk of the City of Roanoke is hereby approved, ratified and confirmed.
APPROVED
ATTEST:
~ hi. 6r;01M)
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
476
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 8th day of September, 2009.
No. 38591-090809.
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 2009 Annual Conference scheduled for October 18-20, 2009
in Roanoke, Virginia, and for any meetings of the Urban Section held in conjunction with
the Annual Conference of the League, The Honorable Sherman Lea, is hereby
designated Voting Delegate, and The Honorable Court Rosen, is hereby designated
Alternate Voting Delegate.
2. For any meetings of the Urban Section of the Virginia Municipal League to I
be held in conjunction with the League's 2009 Annual Conference, Darlene 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:
~m. A-Jo.w
Stephanie M. Moon, CMC
City Clerk
9' cL1fo.n-
David A. Bowers
Mayor
I
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477
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2009.
No. 38583-092109.
AN ORDINANCE to appropriate funding to be provided by the Series 2010
Bonds to the Roanoke River Flood Reduction, Parks and Recreation Master Plan,
Elmwood Park Amphitheater, Bridge Renovation, and Curb, Gutter and Sidewalk
projects, amending and reordaining certain sections of the 2009-2010 Capital Projects
and Amphitheater Funds Appropriations and adding a certain section to such
Appropriations.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2009-2010 Capital Projects and Amphitheater Funds Appropriations be,
and the same are hereby, added, amended, and reordained to read and provide as
follows:
Capital Proiects Fund
Appropriations
Roanoke River Flood Reduction
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Demolition of National Guard Armory
Curb, Gutter, Sidewalk FY10
Melrose Avenue Bridge over Peters
Creek Road
Ninth Street SE Bridge over Roanoke
River
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Rivers Edge Park Restroom
Huff Lane Park Restrooms/Picnic
Shelter
Fishburn Park Restrooms/Picnic
Shelter
08-510-9527 -9327
.08-51 0-9620-9302
08-f530-9522-9302
, 08:-530-9524-9302
08-530,.9525-9302
08-530:'9526-9323
08-530-9526-9324
08-530-9526-9325
$(1,455,000.00)
1,455,000.00
350,000.00
400,000.00
650,000.00
(350,000.00)
(1,000,000.00)
(400,000.00)
(650,000.00)
. 1,000,000.00
132,600.00
243,400.00
312,600.00
41,400.00
60,000.00
(132,600.00)
(243,400.00)
(312,600.00)
08-530-9526-9626
08-530-9791-9302
08-620-9113-9302
08-620-9114-9302
08-620-9115-9302
08-620-9116-9302
08-620-9117 -9302
08-620-9702-9317
08-620-9702-9318
08-620-9702-9319
478
Rivers Edge Park Athletic Field
Irrigation Upgrades 08-620-9702-9320
Park Paving Projects 08-620-9702-9321
(41,400.00)
(60,000.00)
Amphitheater Fund
Appropriations
Appropriated from 2010 Bond Funds
Elmwood Park Amphitheater
11 -530-9118-9302
11-530-9528-9322
1,200,000.00
(1,200,000.00)
APPROVED
ATTEST:
~~.OYJOl0
Stephanie M. Moon, CMC
City Clerk
~~~-~..-
~ --- ...--
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2009.
No. 38592-092109.
A RESOLUTION accepting the funding for the Western Virginia Workforce
Development Board's Workforce Investment Act (WIA) program, and authorizing the
City Manager to execute the requisite documents necessary to accept the funding.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Funding in the amount of $492,315.00, for the purpose of administering
Workforce Investment Act ("WIA") programs for certain WIA client populations, as more
particularly set out in the City Manager's letter dated September 21, 2009, to City
Council, is hereby ACCEPTED.
2. The City Manager is authorized to execute and file, on behalf of the City,
any documents required to accept such funding, in a form approved by the City
Attorney, and to furnish such additional information as may be required in connection
with the acceptance of the foregoing funding.
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479
3. The City of Roanoke shall be authorized to be the primary fiscal agent for
this Grant and shall be responsible for distributing the funding to the Western Virginia
Workforce Development Board.
APPROVED
ATTEST:
~m. hJ{X)n)
Stephanie M. Moon, CMC
City Clerk
~cQCfl__
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2009.
No. 38593-092109.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the FY10 Workforce Investment Act Grant, amending and reordaining certain sections
of the 2009-2010 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 2009-2010 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-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
35-633-2360-1 002
35-633-2360-1004
35-633-2360-1105
35-633-2360-1120
35-633-2360-1125
35-633-2360-1126
35-633-2360-1130
35-633-2360-1131
35-633-2360-2010
35-633-2360-2042
35-633-2360-2044
35-633-2360-2046
$17,253.00
9,733.00
2,657.00
. 2,064.00
1 ,380.00
80.00
140.00
35.00
500.00
900.00
40.00
. 900.00
480 I
Administrative-Food 35-633-2360-2060 260.00
Administrative-Business Meals and Travel 35-633-2360-2144 1 ,180.00
Administrative-Equipment Rental 35-633-2360-3070 581 .00
Administrative-Other Rental 35-633-2360-3075 143.00
Administrative-Marketing 35-633-2360-8053 4,000.00
Admin istrative-Supplies 35-633-2360-8055 374.00
Admin istrative-Insu rance 35-633-2360-8056 1,000.00
Administrative-Contract Services 35-633-2360-8057 3,741.00
Administrative-Leases 35-633-2360-8058 1 ,456.00
Admin istrative-M iscellaneous 35-633-2360-8060 150.00
Administrative-Telephone 35-633-2360-8090 665.00.00
Adult-Regular Employee Wages 35-633-2361-1002 6,500.00
Adult-Temporary Employee Wages 35-633-2361-1004 450.00
Adult-City Retirement 35-633-2361-1105 1,001.00
Adult-FSA Match 35-633-2361-1118 8.00
Adult-FICA 35-633-2361-1120 532.00
Adult-Medical Insurance 35-633-2361-1125 520.00
Adult-Dental Insurance 35-633-2361-1126 2.00
Adult-Life Insurance 35-633-2361-1130 1.00 I
Adult-Disability Insurance 35-633-2361-1131 1.00
Adult-Training and Development 35-633-2361-2044 250.00
Adult-Local Mileage 35-633-2361-2046 250.00
Adult-Food 35-633-2361-2060 70.00
Adult-Business Meals and Travel 35-633-2361-2144 250.00
Adult-Equipment Rental 35-633-2361-3070 145.00
Adult-Other Rental 35-633-2361-3075 35.00
Adult-Marketing 35-633-2361-8053 300.00
Adult-Supplies 35-633-2361-8055 215.00
Adult-Contract Services 35-633-2361-8057 36,847.00
Adult-Leases 35-633-2361-8058 350.00
Adult-Telephone 35-633-2361-8090 150.00
Dislocated Worker-Regular Employee Wages 35-633-2362-1002 8,300.00
Dislocated Worker-Temporary Employee 35-633-2362-1004 550.00
Wages
Dislocated Worker-City Retirement 35-633-2362-1105 1 ,278.00
Dislocated Worker-FSA Match 35-633-2362-1118 14.00
Dislocated Worker-FICA 35-633-2362-1120 677.00
Dislocated Worker-Medical Insurance 35-633-2362-1125 664.00 I
Dislocated Worker-Dental Insurance 35-633-2362-1126 33.00
481
Dislocated Worker —Life Insurance 35- 633 - 2362 -1130 66.00
Dislocated Worker — Disability Insurance 35- 633 - 2362 -1131 17.00
Dislocated Worker— Training and Development 35- 633 - 2362 -2044 240.00
Dislocated Worker —Local Mileage 35- 633 - 2362 -2046 150.00
Dislocated Worker —Food 35- 633 - 2362 -2060 60.00
Dislocated Worker— Business Meals and 35- 633 - 2362 -2144 330.00
Travel
Dislocated Worker— Equipment Rental 35- 633 - 2362 -3070 134.00
Dislocated Worker —Other Rental 35- 633 - 2362 -3075 33.00
Dislocated Worker— Marketing 35- 633 - 2362 -8053 200.00
Dislocated Worker — Supplies 35- 633 - 2362 -8055 286.00
Dislocated Worker— Contract Services 35- 633 - 2362 -8057 91,306.00
Dislocated Worker— Leases 35- 633 - 2362 -8058 336.00
Dislocated Worker — Telephone 35- 633 - 2362 -8090 153.00
Youth in School — Regular Employee Wages 35- 633 - 2363 -1002 15,854.00
Youth in School— Temporary Employee Wages 35- 633 - 2363 -1004 671.00
Youth in School —City Retirement 35- 633 - 2363 -1105 2,442.00
Youth in School —FSA Match 35- 633 - 2363 -1118 16.00
Youth in School —FICA 35- 633 - 2363 -1120 1,264.00
Youth in School— Medical Insurance 35- 633 - 2363 -1125 1,268.00
Youth in School— Dental Insurance 35- 633 - 2363 -1126 74.00
Youth in School —Life Insurance 35- 633 - 2363 -1130 128.00
Youth in School— Disability Insurance 35- 633 - 2363 -1131 44.00
Youth in School— Training & Development 35- 633 - 2363 -2044 640.00
Youth in School —Local Mileage 35- 633 - 2363 -2046 400.00
Youth in School —Food 35- 633 - 2363 -2060 160.00
Youth in School— Business Meals and Travel 35- 633 - 2363 -2144 880.00
Youth in School— Equipment Rental 35- 633 - 2363 -3070 357.00
Youth in School —Other Rental 35- 633 - 2363 -3075 88.00
Youth in School— Marketing 35- 633 - 2363 -8053 1,200.00
Youth in School— Supplies 35- 633 - 2363 -8055 454.00
Youth in School— Contractual Services 35- 633 - 2363 -8057 176,020.00
Youth in School— Leases 35- 633 - 2363 -8058 896.00
Youth in School— Telephone 35- 633 - 2363 -8090 409.00
Youth out of School — Regular Employee 35- 633 - 2364 -1002 6,063.00
Wages
Youth out of School— Temporary Employee 35- 633 - 2364 -1004 224.00
Wages
482
Youth out of School-City Retirement
Youth out of School-FSA Match
Youth out of School-FICA
Youth out of School-Medical Insurance
Youth out of School-Dental Insurance
Youth out of School-Life Insurance
Youth out of School-Disability Insurance
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-Supplies
Youth out of School-Contractual Services
Youth out of School-Leases
Youth out of School-Telephone
Revenues
Workforce Investment Act Grant FY10
35-633-2364-1105
35-633-2364-1118
35-633-2364-1120
35-633-2364-1125
35-633-2364-1126
35-633-2364-1130
35-633-2364-1131
35-633-2364-2044
35-633-2364-2046
35-633-2364-2060
35-633-2364-2144
35-633-2364-3070
35-633-2364-3075
35-633-2364-8055
35-633-2364-8057
35-633-2364-8058
35-633-2364-8090
35-633-2360-2360
934.00
5.00
481.00
485.00
28.00
49.00
17.00
280.00
200.00
70.00
360.00
I
156.00
39.00
193.00
76,959.00
392.00
179.00
492,315.00
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:
~m.~
Stephanie M. Moon, CMC
City Clerk
o"<2(J~
David A. Bowers
Mayor
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483
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of September, 2009.
No. 38594-092109.
A RESOLUTION authorizing acceptance of the Virginia Sexual and Domestic
Violence Victim Fund (VSDVVF) Grant made to the City of Roanoke by the Virginia
Department of Criminal Justice Services (DCJS), and authorizing execution of any
required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept
from' the Virginia Department of Criminal Justice Services (DCJS) the Virginia Sexual
and Domestic Violence Victim Fund (VSDVVF) Grant in the amount of $23,591.00, with
no matching funds required, to continue the employment of the Police Department's
Sexual Violence and Hispanic Outreach Specialist. The grant is more particularly
described in the letter of the City Manager to Council dated September 21, 2009.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents setting forth the conditions of the grant in a form approved by
the City Attorney.
3. The City Manager is further directed to furnish such additional information
as may be required in connection with the acceptance of the foregoing grant.
APPROVED
ATTEST:
~'m.~~
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
484
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 21 st day of September, 2009.
No. 38595-092109.
AN ORDINANCE to appropriate additional funding from the Commonwealth of
Virginia for the Virginia Sexual and Domestic Violence Victim Fund Grant, amending
and reordaining certain sections of the 2009-2010 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 2009-2010 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 CY09
35-640-3353-1 004 $ 21,915.00
35-640-3353-1120 1,676.00
35-640-3353-3353 23,591.00
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:
~m.~w
Stephanie M. Moon, CMC
City Clerk
g<XU~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2009.
No. 38596-092109.
AN ORDINANCE to appropriate additional funding from the Bill and Melinda
Gates Foundation Opportunity Hardware Grant for library technology updates,
amending and reordaining certain sections of the 2008-2009 Grant Fund I
Appropriations, and dispensing with the second reading by title of this ordinance.
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485
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
Revenues
Gates Foundation FY09
35-650-8301-9015
$ 19,500.00
35-650-8301 -8301
19,500.00
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:
~m. Try11M
Stephanie M. Moon, CMC .
City Clerk
3'Qar~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2009.
No. 38597-092109.
. -!':~ ,.
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 (VOSS) 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 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.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The grant award under the Employee Advancement for TANF Participants
grant .from the Virginia Department of Social Services, for the purpose of maintaining
and improving existing services to eligible TANF recipients, in the amount of
$256,934.00, for a period commencing October 1, 2009, through June 30, 2010, as set
forth in the City Manager's letter to Council dated September 21, 2009, is hereby
ACCEPTED.
486
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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:
~'m. rup~
Stephanie M. Moon, CMC
City Clerk
~-
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2009.
I
No. 38598-092109.
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 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Fees for Professional Services 35-630-8861-2010 $256,934.00
Revenues
SWV A Regional Employment Coalition
FY10 35-630-8861-8861 256,934.00
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487
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
htt1?~ h->. O/Jj bh.)
Stephanie M. Moon, CMC
City Clerk
D@ewwv-
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of September, 2009.
No. 38599-092109.
A RESOLUTION accepting an additional donation of funds from Novozymes
Biologicals, Inc. (NBI) to provide improvements to City owned property on Midvale
Avenue, formerly the Hannah Court Trailer Park site (Hannah Tract) for walking trails,
landscaped and revegetated areas, and a parking area; authorizing the City Manager to
sign amendment(s) to a Community Service Project Agreement between the City and
NBI; authorizing the City Manager to execute any necessary additional documents,
provide any additional information, and to take any necessary actions in order to obtain,
accept, receive, implement, use, administer, and enforce such additional donation and
amendment(s); and expressing appreciation for such donation.
WHEREAS, on March 16, 2009, City Council accepted a donation of
$250,000.00 from NBI for planned improvements to City owned property on Midvale
Avenue, formerly the Hannah Court Trailer Park site, and approved a Community
Service Project Agreement between the City and NBI, which was dated April 1, 2009,
and which set forth certain conditions concerning such donation; and
WHEREAS, the City proceeded to prepare bid documents, advertised the project
and on August 29, 2009, the City received three bids, with the lowest responsive and
responsible bid being $286,450.95, which is $36,450.95 above the available funds for
the project. As a result of discussions with the City, NBI agreed to fund $18,225.00 of
the additional amount, with the City funding the rest, or $18,225.95, from an existing
greenway account.
488
I
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The City of Roanoke hereby accepts the additional donation of $18,225.00
to the City from NBI subject to the provisions of the Community Service Project
Agreement, as amended, all as more particularly set forth in the letter dated
September 21 , 2009, from the City Manager to this Council.
2. Council hereby authorizes the City Manager to execute amendment(s) to
the Community Service Project Agreement between the City and NBI as mentioned in
the above City Manager's letter, with such amendment(s) 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, including accepting any additional donations for the project, in order to obtain,
accept, receive, implement, use, administer, and enforce such donation, amendment(s),
and Agreement.
4. This Council wishes to express its appreciation and that of the citizens of I
the City of Roanoke to Novozymes Biologicals, Inc. for its generous additional donation
to the City for improvements to part of the Hannah Tract.
APPROVED
ATTEST:
~'Or>'~OM
Stephanie M. Moon, CMC
City Clerk
~'Qcr~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2009.
No. 38600-092109.
AN ORDINANCE to appropriate a donation from Novozymes Biologicals, Inc.
and to transfer funding from the Comprehensive Greenway Trail account to the Hannah
Court Site Improvements project, amending and reordaining certain sections of the
2009-2010 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
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489
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2009-2010 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Appropriated from Third Party
Appropriated from General Revenue
Revenues
Hannah Court Improvements-
Novozymes Biologicals, Inc.
08-530-9703-9003
08-530-9703-9004
08-620-9753-9003
$ 18,226.00
18,225.00
(18,226.00)
08-530-9703-9703
18,225.00
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
~aF~--
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2009.
No. 38601-092109.
A RESOLUTION designating and naming the new City Park at the former
Hannah Court trailer park the A. Victor "Vic" Thomas Park.
WHEREAS, the late A. Victor "Vic" Thomas of Roanoke faithfully served the
citizens of our region throughout his 30-year tenure in the House of Delegates;
WHEREAS, Mr. Thomas was the Virginia General Assembly's most outspoken
advocate for wildlife conservation, having provided great leadership for legislation
providing funds for Virginia Department of Game and Inland Fisheries' non-game
wildlife program that includes the network of Virginia Birding and Wildlife Trails;
490
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WHEREAS, Mr. Thomas was instrumental in the passage of a bill enabling the
purchase of the 8,500 acre Big Survey tract in Wythe County, and was recognized for
this and other good works by the Western Virginia Land Trust, which named its highest
conservation award in his honor; and
WHEREAS, the former Hannah Court trailer park site is being redeveloped as a
public park, and such redevelopment will include significant restoration of wildlife
habitat, open space, and recreational amenities.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The former Hannah Court trailer park area is hereby designated and
renamed the A. Victor "Vic" Thomas Park.
2. The City Manager is hereby authorized to cause this renaming to be noted
with the installation of appropriate signs to indicate the name the A. Victor "Vic" Thomas
Park.
3. The City Engineer is directed to cause the above park name to be noted I
appropriately on all maps and plats lodged in his care.
APPROVED
ATTEST:
~m.~MyJ
Stephanie M. Moon, CMC
City Clerk
D~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of September, 2009.
No. 38602-091209.
A RESOLUTION supporting and authorizing the City's application for Virginia
Department of Transportation Revenue Sharing Program funds and authorizing the City
Manager to execute all necessary and appropriate documents in connection with such
application.
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491
WHEREAS, the City of Roanoke desires to submit an application for an
allocation of funds of up to $1,000,000.00 through the Virginia Department of
Transportation Fiscal Year 2010, Revenue Sharing Program; and
WHEREAS, $700,000.00 of these funds are requested for the Aviation Drive and
Towne Square Boulevard intersection improvement project, and $300,000.00 are
requested for the Berkley Road bridge replacement project.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke
hereby supports this application for an allocation of $1,000,000.00 through the Virginia
Department of Transportation Revenue Sharing Program and hereby grants authority
for the City Manager and the City Clerk to execute and attest, respectively, project
administration agreements for any approved revenue sharing projects, such
agreements to be in form as is approved by the City Attorney, all of which is more
particularly set forth in the City Manager's letter dated September 21, 2009, to this
Council.
APPROVED
ATTEST:
~m.~dY0
Stephanie M. Moon, CMC
City Clerk
~<J5lc--v-
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2009.
No. 38603-092109.
A RESOLUTION authorizing the appropriate City officials to execute, upon
certain terms and conditions, a 2009-2012 Homelessness Prevention and Rapid Re-
Housing Program ("HPRP") funded Agreement with the Council for Community Services
("CCS") that will put the funds in place for the CCS to carryout its homeless prevention
and re-housing activities pursuant to the plan approved by HUD.
492
WHEREAS, by Resolution No. 38439-050409, the Council of the City of Roanoke,
Virginia, ("Council") approved the amendment to the City's Consolidated Plan, allowing
the use of HPRP funds to provide homelessness prevention and rapid re-housing
assistance to be delivered by partnering agencies participating in a CHRC, made
available through the American Recovery and Reinvestment Act of 2009 ("ARRA"); and
WHEREAS, by Resolution No. 38439-050409 and by Budget Ordinance No.
38440-050409, Council accepted and appropriated the HPRP 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
2009-2012 HPRP-funded Agreement with CCS, 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 21 , 2009.
APPROVED
ATTEST:
~on.~w
Stephanie M. Moon, CMC
City Clerk
~ Q~,-
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of September, 2009.
No. 38604-092109.
AN ORDINANCE amending and reordaining Section 14.1-3, Litterinq, of Chapter
14.1, Solid Waste Manaqement, of the Code of the City of Roanoke (1979), as
amended; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 14.1, Solid Waste Management, of the Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained, to read and provide
as follows:
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493
Sec. 14.1-3. Littering.
* * *
(g) Upon the failure, neglect or refusal of the owner or occupant upon
whom notice has been served pursuant to subsection 14.1-3(f) of the City
Code to comply with such order, the city manager may have the removal
performed by city personnel or a private contractor. The city manager shall
keep an account of the cost for such removal and shall bill the owner or
occupant responsible for placing the solid waste within the right-of-way
plus an administrative processing fee of one hundred dollars ($100.00) in
addition to the actual cost and fees incurred in the removal and disposal of
such solid waste. Such administrative processing fee, however, shall not
be added to the cost of removal of loose leaves that are deposited in the
right-of-way by citizens before December 31, 2009. If such bill is not paid
within thirty (30) days, legal action may be instituted for its collection.
Prosecution for failure, neglect or refusal of such person to remove such
solid waste shall not be barred by the city proceeding to have the work
done in accordance with this section.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~m'hJollCJ
Stephanie M. Moon, CMC
City Clerk
'0~7----
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of September, 2009.
No. 38605-092109.
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:
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1. The City shall pay, upon request, to any City employee who is a military
reservist/national guard and who, between October 1, 2009, and September 30, 2010,
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 premiums necessary to provide coverage for the
employee effective upon the date of return to service with the City.
APPROVED
ATTEST:
W~ '0l.~i)~
Stephanie M. Moon, CMC
City Clerk
~'"
I
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of September, 2009.
No. 38606-092109.
AN ORDINANCE to transfer funding from the GRTC Trolley Match and Police
Building Phase II projects; and the Capital Improvement Reserve account to the
Stormwater Utility Consultant Fee project and the Capital Improvement Reserve
account, amending and reordaining certain sections of the 2009-2010 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 2009-2010 Capital Projects Fund Appropriations be, and the same are I
hereby, amended and reordained to read and provide as follows:
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Appropriations
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from 2004B Bond Funds
Appropriated from General Revenue
Contingency
Series 2004B Bonds Capital
Improvement Reserve-Public
Buildings
Appropriated from General Revenue
495
08-300-9717-9003
08-530-9567 -9003
08-530-9567 -9169
08-530-9575-9003
08-530-9575-9220
08-530-9575-9225
$(50,573.00)
(7,866.00)
(214,830.00)
7,866.00
(89,427.00)
214,830.00
08-530-9704-9003
140,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~n,.~blYu
Stephanie M. Moon, CMC
City Clerk
~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2009.
No. 38607-092109.
A RESOLUTION endorsing and supporting the comments made by City staff to
the Virginia Soil and Water Conservation Board of the Department of Conservation and
Recreation (DCR) with regard to proposed amendments to Virginia's Stormwater
Management Regulations.
WHEREAS, the Board has proposed certain amendments to the State's
Stormwater Management Regulations, 4 V AC 50-60, which could adversely impact the
City and similar localities;
WHEREAS, the Board has sought public input on the proposed amendments,
and City staff has provided the Board extensive comments by letters dated August 21,
2009, and September 16, 2009, which have been provided to Council by letter from the
City Manager dated September 21,2009; and
496
WHEREAS, Council agrees and concurs with the comments of City staff,
believing that the proposed amendments would adversely impact the City and its efforts
to manage stormwater, and wishes to express its support for such comments.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1 . Council hereby endorses and supports City staff's comments on the
proposed amendments to the Virginia Stormwater Management Regulations, as set out
in letters to the Board dated August 21, 2009, and September 16, 2009.
2. The City Clerk is hereby directed to forward a certified copy of this
Resolution to the Soil and Water Conservation Board of the Virginia Department of
Conservation and Recreation.
APPROVED
ATTEST:
~h1."hjU5'rV
Stephanie M. Moon, CMd
City Clerk
S)QC1Jo-.-
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of September, 2009.
No. 38608-092109.
A RESOLUTION accepting additional U. S. Department of Agriculture (USDA)
and Natural Resources Conservation Service (NRCS) grant funds in the amount of
$80,850.00 for the replacement of the Wiley Drive Upstream Low Water Bridge Project
(Project); authorizing the City Manager to execute any modifications, amendments, and
other documents, and to furnish such additional information as may be required in
connection with the City's acceptance of the additional grant funds; providing
$100,000.00 of City funds for this Project; authorizing the City Manager to take such
further action and execute such other documents as may be necessary to make such
funds available for the Project; and authorizing the City Manager to execute any
additional or necessary documents, and to provide information to anyone as may be
needed in order to administer such grant funds and to complete the Project.
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497
WHEREAS, on April 7, 2008, Council accepted a USDA and NRCS Wildlife
Habitat Incentives Program (WHIP) Funds Grant for the above Project, by Resolution
No. 38051-040708, in the amount of $301,350.00. The City and the NRCS also entered
into a Conservation Program Contract in connection with the WHIP funds;
WHEREAS, in order to obtain additional funds and assistance for the Project, the
City entered into a Partners for Fish and Wildlife Habitat Restoration and Water Quality
Improvement Agreement, dated October 3,2008, (Partners Agreement) among the City,
the U. S. Fish and Wildlife Service (USFWS), and FishAmerica Foundation
(FishAmerica), which Partners Agreement provided for additional funds for the Project.
The USFWS and FishAmerica had a separate contract that provided for FishAmerica to
accept and use funds from USFWS and to provide assistance for the Project; and
WHEREAS, after receipt of bid responses for the Project, which were more than
the original funding amounts, additional funds were identified, including additional
USDA/NRCS grant funds in the amount of $80,850.00, and a $100,000.00 City
contribution, that will provide sufficient funding to complete the Project, all as more fully
set forth in the City Manager's September 21,2009, letter to Council.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The City of Roanoke hereby accepts' the additional USDA and NRCS
grant funds in the amount of $80,850.00.
2. The City Manager is authorized to take such further action arid execute
any and all modifications, amendments, and other 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 the additional grant funds in the amount of
$80,850.00, as mentioned above.
3. That the City will provide $100,000.00 of City funds for this Project and the
City Manager is authorized to take such further action and execute such documents as
may be necessary, approved as to form by the City Attorney, to make such funds
available for the Project, including any needed amendments or modifications to the
Partners Agreement referred to above, in order to administer the grant funds and
complete the Project.
498
I
4. The City Manager is authorized to take further action and execute any
additional documents with the USDA, NRCS, USFWS, FishAmerica, or other entities
that may be necessary, and to provide information to anyone as may be needed, in
order to administer such grant funds and to complete the Project.
APPROVED
ATTEST:
~hJ.~
Stephanie M. Moon, CMC
City Clerk
~-Q~~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of September, 2009.
No. 38609-092109.
AN ORDINANCE to appropriate funding from the United States Department of I
Agriculture and the Natural Resources Conservation Services and transfer funding from
the Roanoke River Flood Reduction project to the Wiley Drive Upstream Low Water
Bridge Replacement project, amending and reordaining certain sections of the 2009-
2010 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 2009-2010 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Appropriated from Federal Grant Funds
Appropriated from General Revenue
Revenues
Wiley Drive Bridge Replacement
USDA/NRCS
08-510-9620-9003
08-530-9520-9002
08-530-9520-9003
$(100,000.00)
80,850.00
100,000.00
08-530-9520-9520
80,850.00
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499
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ 'rYJ.:?1c0
Stephanie M. Moon, CMC
City Clerk
r"'\Q~.._
;::v --
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of September, 2009.
No. 38610-092109.
AN ORDINANCE to appropriate funding from the Federal and Commonwealth
governments for various educational programs, amending and reordaining certain
sections of the 2009-2010 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 2009-2010 School Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Teachers
Program Coordinator
Site Manager
Activity Assistants
Retiree Health Credit
Social Security
Retirement
Health/Dental Insurance
Group Life Insurance
Contracted Services
Pupil Transportation
Mileage
Travel Fares
Subsistence & Lodging
Evaluation
302-110-1102-021 0-158D-611 00-41121-3-05
302-110-1102-021 0-158D-611 00-41124-3-05
302-110-1102-021 0-158D-611 00-41124-3-05
302-110-1102-021 0-158D-611 00-41141-3-05
302-110-1102-021 0-158D-611 00-42200-3-05
302-11 0-11 02-021 0-158D-611 00-42201-3-05
302-110-1102-021 0-158D-611 00-42202-3-05
302-110-1102-021 0-158D-611 00-42204-3-05
302-110-1102-021 0-158D-611 00-42205-3-05
302-110-1102-021 0-158D-611 00-43313-3-05
302-110-1102-021 0-158D-611 00-44420-3-05
302-110-1102-021 0-158D-611 00-45551-3-05
302-110-1102-021 0-158D-611 00-45552-3-05
302-110-1102-021 0-158D-611 00-45553-3-05
302-110-1102-021 0-158D-611 00-45584-3-05
$31,500.00
10,400.00
14,400.00
28,800.00
112.00
6,647.00
1,436.00
1,092 .00
90.00
38,500.00
18,000.00
492.00
750.00
2,236.00
1,000.00
500 I
Parental Involvement 302-110-1102-021 0-158D-611 00-45585-3-05 6,500.00
Inservice 302-110-1102-0210-158D-61100-45587-3-05 6,000.00
Books & Subscriptions 302-110-1102-0210-158D-61100-46613-3-05 7,500.00
GED Resource Materials 302-110-1102-021 0-158D-611 00-46613-9-07 1,500.00
Materials & Supplies 302-110-1102-0210-158D-61100-46614-3-05 7,500.00
Testing Fees 302-170-3000-1160-315D-61100-45584-9-00 9,132.00
Instructional Staff 302-170-3000-1160-304D-61100-41121-3-03 10,516.00
Social Security 302-170-3000-1160-304D-61100-42201-3-03 804.00
Academic Coach 302-11 0-0000-0280-133D-611 00-41124-3-01 (953.00)
Retiree Health Credit 302-11 0-0000-0280-133D-611 00-42200-3-01 (29.00)
Social Security 302-11 0-0000-0280-133D-611 00-42201-3-01 (73.00)
Virginia Retirement 302-11 0-0000-0280-133D-611 00-42202-3-01 (131.00)
System
Group Life Insurance 302-11 0-0000-0280-133D-611 00-42205-3-01 (21.00)
Academic Coach 302-11 0-0000-0320-133D-611 00-41124-2-01 (953.00)
Retiree Health Credit 302-11 0-0000-0320-133D-611 00-42200-2-01 (29.00)
Social Security 302-11 0-0000-0320-133D-611 00-42201-2-01 (73.00)
Virginia Retirement 302-11 0-0000-0320-133D-611 00-42202-2-01 (131.00)
System
Group Life Insurance 302-11 0-0000-0320-133D-611 00-42205-2-01 (21.00)
Academic Coach 302-11 0-0000-0420-133D-611 00-41124-2-01 (953.00) I
Retiree Health Credit 302-11 0-0000-0420-133D-611 00-42200-2-01 (28.00)
Social Security 302-11 0-0000-0420-133D-611 00-42201-2-01 (73.00)
Virginia Retirement 302-11 0-0000-0420-133D-611 00-42202-2-01 (132.00)
System
Group Life Insurance 302-11 0-0000-0420-1330-611 00-42205-2-01 (22.00)
Contracted Services 302-11 0-0000-0420-133D-611 00-43313-2-01 3,000.00
Instructional Supplies 302-11 0-0000-0420-133D-611 00-46614-2-01 10,000.00
Capital Equipment 302-11 0-0000-0420-1330-61100-48821-2-01 (170.00)
Academic Coach 302-11 0-0000-0430-1330-611 00-41124-2-01 (953.00)
Retiree Health Credit 302-11 0-0000-0430-1330-611 00-42200-2-01 (29.00)
Social Security 302-110-0000-0430-1330-6 '1100-42201-2-01 (73.00)
Virginia Retirement 302-11 0-0000-0430-133D-611 00-42202-2-01 (132.00)
System
Group Life Insurance 302-11 0-0000-0430-133D-611 00-42205-2-01 (21.00)
Supplemental Salary for 302-270-0000-0000-1360-68100-41129-3-00 545.00
Professional
Development
(Secondary)
Supplemental Salary for 302-270-0000-0000-136D-681 00-41129-2-00 945.00
Professional
Development I
(Elementary)
I 501
Social Security 302-270-0000-0000-136D-681 00-42201-3-00 42.00
(Secondary)
Social Security 302-270-0000-0000-136D-681 00-42201-2-00 72.00
(Elementary)
Indirect Costs 302-270-0000-0000-136D-681 00-45586-3-00 500.00
(Secondary)
Indirect Costs 302-270-0000-0000-136D-681 00-45586-2-00 548.00
(Elementary)
Instructional Supplies 302-270-0000-0000-136D-681 00-46614-3-00 751.00
(Secondary)
Instructional Supplies 302-270-0000-0000-136D-681 00-46614-2-00 751.00
(Elementary)
Supplemental Salary for 306-270-0000-0000-136S-68100-41129-3-00 951.00
Professional
Development
(Secondary)
Supplemental Salary for 306-270-0000-0000-136S-68100-41129-2-00 1,000.00
Professional I
Development
I (Elementary)
Social Security 306-270-0000-0000-136S-681 00-42201-3-00 73.00
(Secondary)
Indirect Costs 306-270-0000-0000-136S-681 00-45586-3-00 1,049.00
(Secondary)
Indirect Costs 306-270-0000-0000-136S-681 00-45586-2-00 1,741.00
(Elementary)
Instructional Supplies 306-270-0000-0000-136S-681 00-46614-3-00 750.00
(Secondary)
Instructional Supplies 306-270-0000-0000-136S-681 00-46614-2-00 750.00
(Elementary)
Revenues
Federal Grant Receipts 302-000-0000-0000-1580-00000-38287 -0-00 184,455.00
State Grant Receipts 302-000-0000-0000-3150-00000-32349-0-00 9,132.00
State Grant Receipts 302-000-0000-0000-304D-00000-32400-0-00 1 ,320.00
Federal Grant Receipts 302-000-0000-0000-133D-00000-38010-0-00 8,000.00
Federal Grant Receipts 302-000-0000-0000-136D-00000-38318-0-00 4,154.00
Federal Grant Receipts 306-000-0000-0000-136S-00000-38318-0-00 6,390.00
I
502
Pursuant 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
S)~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of September, 2009.
No. 38611-092109.
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 Vickie H. Bibee, a
Director of the Economic Development Authority of the City of Roanoke, Virginia, will
expire October 20,2009; 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 Vickie H.
Bibee 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 21,2009, and expiring October 20,2013.
APPROVED
ATTEST:
~.h1.h1~~
Stephanie M. Moon, CMC C
City Clerk
~~
David A. Bowers
Mayor
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503
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of September, 2009.
No. 38612-091209.
AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, to rezone certain property within the City, subject to a certain
condition proffered by the petitioner; and dispensing with the second reading of this
ordinance by title.
WHEREAS, Winky Wise Enterprises, LLC, has made application to the Council
of the City of Roanoke, Virginia ("City Council"), to have the 0.031 acre portion of the
rear of property on Bluefield Boulevard, S. W., bearing Official Tax No 1260342, from
R7, Residential Single Family District, to RM-2, Residential Mixed Density District,
subject to a certain condition;
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 September 21, 2009, 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:
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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 the 0.031 acre portion of the rear of property on
Bluefield Boulevard, S. W., bearing Official Tax No. 1260342, be and is hereby rezoned
from R-7, Residential Single Family District, to RM-2, Residential Mixed Density District,
subject to a certain condition proffered by the petitioner, as set forth in the Zoning
Amended Application No.1, dated July 20,2009.
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:
~~. CO;l>DrJ
Stephanie M. Moon, CMC
City Clerk
S)-QG:]~.- -
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 21 st day of September, 2009.
No. 38613-092109.
AN ORDI NANCE to amend 936.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, to amend the INPUD Development Plan to allow the occupancy of
the Ruffner Middle School building as a government office/facility and educational
facility, as well as allow for construction of an accessory warehouse as it pertains to
property identified by Official Tax No. 6460102, located at 3601 Ferncliff Avenue, N. W.;
and dispensing with the second reading by title of this ordinance.
WHEREAS, the City of Roanoke, has made application to the Council of the City
of Roanoke, Virginia ("City Council"), to amend the INPUD Development Plan to allow
the occupancy of the Ruffner Middle School building as a government office/facility and
educational facility, as well as allow for construction of an accessory warehouse as it
pertains to property identified by Official Tax No. 6460102, located at 3601 Ferncliff
Avenue, N. W.;
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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 September 21, 2009, after due and timely notice thereof as required by
936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all
parties in interest and citizens were given an opportunity to be heard, both for and
against the amendment of the INPUD Development Plan as it pertains to property
described as Official Tax No. 6460102, located at 3601 Ferncliff Avenue, N. 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 INPUD Development Plan to allow-the occupancy of the Ruffner
Middle School building as a government office/facility and educ~tional facility, as well as
allow for construction of an accessory warehouse as it pertains to property identified by
Official Tax No. 6460102, located at 3601 Ferncliff Avenue, N. W., as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect the amendment of the INPUD Development Plan to
allow the occupancy of the Ruffner Middle School building as. a government
office/facility and educational facility, as well as allow for construction of an accessory
warehouse as it pertains to property identified by Official Tax No. 6460102, located at
3601 Ferncliff Avenue, N. W., as set forth in the Zoning Amended Application No.1
dated August 24, 2009.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with~
APPROVED
ATTEST:
~rn.~o~
Stephanie M. Moon, CMC
City Clerk
David A. Bowers
Mayor
506
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of October, 2009.
No. 38614-100509.
A RESOLUTION accepting the Edward Byrne Memorial Justice Assistance Grant
(JAG) from the Bureau of Justice Assistance Office of Justice Programs, and
authorizing execution of any required documentation on behalf of the City.
I3E IT RESOLVED by the Council of the City of Roanoke as follows:
1 . The City of Roanoke does hereby accept the Edward Byrne Memorial
Justice Assistance Grant (JAG) from the Bureau of Justice Assistance Office of Justice
Programs in the amount of $169,491.00 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 October 5, 2009.
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:
~'rr\.~
Stephanie M. Moon, CMC
City Clerk
~
David A. Bowers
Mayor
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507
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of October, 2009.
No. 38615-100509.
AN ORDINANCE to appropriate funding from the Federal government for the
Byrne Memorial Justice Assistance Grant to provide funding for courthouse security, jail
security, and radio upgrades, amending and reordaining certain sectio'ns of the 2009-
2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Byrne Courthouse Security FY10
Byrne Jail Security FY1 0
Byrne Radio Upgrades FY10
Revenues
Byrne Sheriff Security Grant FY10
35-140-5901-9015
35-140-5902-9015
35-140-5903-2035
$74,800.00
52,700.00
41,991.00
169,491.00
35-140-5901-5901
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~)".~bltN
Stephanie M. Moon, CMC
City Clerk
~'"(}~~~
~ \L --
David A. Bowers
Mayor
508
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of October, 2009.
No. 38616-100509.
A RESOLUTION authorizing acceptance of the Personal Protective Equipment
(Surgical Masks) Grant made to the City of Roanoke by the Virginia Office of EMS, and
authorizing execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1 . The City Manager is hereby authorized on behalf of the City to accept
from the Virginia Office of EMS, the Personal Protective Equipment (Surgical Masks)
Grant in the amount of $14,460.00, with no matching funds required, to purchase
personal protective equipment for use during a state declared pandemic, such grant
being more particularly described in the letter of the City Manager to Council dated
October 5, 2009.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents setting forth the conditions of the grant in a form approved by
the City Attorney.
3. The City Manager is further directed to furnish such additional information
as may be required by the Virginia Office of EMS, in connection with the acceptance of
the foregoing grant.
APPROVED
ATTEST:
~fr.. rr,1~
Stephanie M. Moon, CMC
City Clerk
-:0 ~;;;;;---
Mayor
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509
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of October, 2009.
No. 38617-100509.
AN ORDINANCE appropriating funding from the Commonwealth of Virginia
Department of Emergency Medical Services for the purchase of personal protective
equipment, amending and reordaining certain sections of the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Wearing Apparel
Revenues
EMS Protective Equipment FY10
35-520-3346-2064
$14,460.00
35-520-3346-3346
14,460.00
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:
#i--R ~ t-rt . 'I () IJ'N
Stephanie M. Moon, CMC
City Clerk
~Q()~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of October, 2009.
No. 38618-100509.
A RESOLUTION authorizing acceptance of the FY2010 Fire Programs Funds
Grant made to the City of Roanoke by the Virginia Department of Fire Programs, and
authorizing execution of any required documentation on behalf of the City.
510
BE IT RESOLVED by the Council of the City of Roanoke as follows:
I
1 . The City Manager is hereby authorized on behalf of the City to accept
from the Virginia Department of Fire Programs the FY2010 Fire Programs Funds Grant
in the amount of $261,849.00, with no local match, such grant being more particularly
described in the letter of the City Manager to Council dated October 5,2009.
2. The City Manager is hereby authorized to execute and file, on behalf of
the City, any documents setting forth the conditions of the grant in a form approved by
the City Attorney.
3. The City Manager is further directed to furnish such additional information
as may be required by the Department of Fire Programs in connection with the
acceptance of the foregoing grant.
APPROVED
ATTEST:
--#tL hJ.I'Yt~~
Stephanie M. Moon,.CMC
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of October, 2009.
No. 38619-100509.
AN ORDINANCE appropriating funding from the Commonwealth of Virginia for
the Fire Program Grant, amending and reordaining certain sections of the 2009-2010
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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
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511
Appropriations
Expendable Equipment <$5,000.00
Training and Development
Wearing Apparel
Recruiting
Regional Fire Training Academy
Regional Fire Training Burn Building
Revenues
Fire Program FY10
35-520-3339-2035
35-520-3339-2044
35-520-3339-2064
35-520-3339-2065
35-520-3339-9073
35-520-3339-9074
$73,283.00
10,000.00
73,566.00
5,000.00
69,000.00
40,000.00
35-520-3339-3339
261,849.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~'O'r). ~~MJ
Stephanie M. Moon, CMC
City Clerk
Q~~Q1~
DaVia A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of October, 2009.
No. 38620-100509.
AN ORDINANCE to de-appropriate funding from State Grant Funds for the 10th
Street Crossing Improvement project, amending and reordaining certain sections of the
2009-2010 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 2009-2010 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows: , ..
512
Appropriations
Appropriated from State Grant Funds
Revenues
VDOT - 10th Street Crossing Improvement
08-530-9832-9007 $(58,150.00)
08-530-9832-9914 (58,150.00)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~.h>. ~oml
Stephanie M. Moon, CMC
City Clerk
Q'Q~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of October, 2009.
No. 38621-100509.
A RESOLUTION approving the location and major design features of the 13th
Street and Hollins Road Improvements highway project in the City of Roanoke and
requesting the Virginia Department of Transportation to acquire all rights-of-way
necessary for the project.
WHEREAS, a Design Public Hearing was conducted on December 2, 2008, in
the City of Roanoke by representatives of the Virginia Department of Transportation,
after due and proper notice, for the purpose of considering the proposed design of 13th
Street and Hollins Road Project UOOO-128-113, UPC 688, in the City of Roanoke, at
which hearing drawings and other pertinent information were made available for public
inspection in accordance with state and federal requirements;
WHEREAS, all persons and parties in attendance were afforded full opportunity
to participate in the public hearing;
WHEREAS, representatives of the City of Roanoke were present and
participated in the hearing;
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513
WHEREAS, the Council has previously requested the Virginia Department of
Transportation to program this project; and
WHEREAS, the Council has considered all of the foregoing matters.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. The location and major design features of the proposed project as
presented at the Public Hearing are approved.
2. The Virginia Department of Transportation is requested to acquire all
rights-of- way necessary for this project and to convey such rights-of-way as lie in this
City to the City of Roanoke at the appropriate time.
3. The City Clerk is directed to transmit an attested copy of this Resolution to
the Virginia Department of Transportation.
APPROVED
ATTEST:
~hl.~~
Stephanie M. Moon, CMC
City Clerk
,,'-r J rr\) ..._____ _
'U ~~~-- - "'
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of October, 2009.
No. 38622-100509.
AN ORDINANCE authorizing the conveyance of a fifteen-foot wide above ground
and underground utility easement across City-owned property located on Barns
Avenue, N. W., designated as Tax Map No. 6610101, to Appalachian Power Company,
upon certain terms and conditions; and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
514
1. The City Manager and City Clerk are hereby authorized, for and on behalf I
of the City, to execute and attest, respectively, the necessary documents providing for
the conveyance of a fifteen-foot wide above ground and underground utility easement
across City-owned property located on Barns Avenue, N.W., designated as Tax Map
No. 6610101, to Appalachian Power Company, to provide electric service to the City's
new Police Academy, as more particularly set forth in the City Manager's letter to this
Council dated October 5,2009.
2. All documents necessary for this conveyance shall be in a 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:
W~hi.~
Stephanie M. Moon, CMC
City Clerk
r;......f ) C"\'? ~~ _.. __
'::::::!-.) ~ '-J i)" - - -
David A. Bowers I
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of October, 2009.
No. 38623-102209.
AN ORDINANCE to appropriate funding to be provided by the Series 2010
Bonds to the Countryside Golf Course Capital Improvements project, adding, amending
and reordaining certain sections of the 2009-2010 Golf Course Fund Appropriations.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2009-2010 Golf Course Fund Appropriations be, and the same are
hereby, added, amended, and reordained to read and provide as follows: .
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Appropriations
Countryside Golf Course Capital
Improvements
Appropriated from 2010 Bond Funds
06-310-9345-9328
06-310-9794-9302
$(1,500,000.00)
1,500,000.00
Q
APPROVED
ATTEST:
~~ m.~1v0
Stephanie M. Moon, CMC
City Clerk
~ ~&--" '-
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of October, 2009.
No. 38624-102209.
A RESOLUTION authorizing the acceptance of a grant from the U.S. Department
of Health and Human Services to be used for salary and fringe benefits of counselors
and related activities in the Sanctuary Outreach Program; and authorizing the execution
of the necessary documents.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City of Roanoke hereby accepts the U.S. Department of Health and
Human Services, Basic Center Program Grant (No. 90CY2428/01) for Sanctuary's
Runaway and Homeless Youth Outreach Program, in an annual amount of $93,603.00,
with a required annual local match of $17,558.00, for three years, for a total grant
amount of $280,809.00, with a total local match of $52,674.00, to be used for salary and
fringe benefits of counselors and related activities in the Sanctuary Outreach Program.
The period for this grant to begin September 30, 2009, and end September 29, 2012,
and as more particularly set forth in the City Manager's letter to this Council dated
October 22,2009.
516
2. The City Manager is hereby authorized to execute any and all requisite I
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:
~~YvI.~~
Stephanie M. Moon, CMC
City Clerk
o
~~a7~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of October, 2009.
No. 38625-102209.
AN ORDINANCE to appropriate funding from the Federal government for the
Runaway and Homeless Youth Act Grant, amending and reordaining certain sections of
the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by I
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Regular Employee Salaries
City Retirement
FICA
Medical Insurance
Dental Insurance
Life Insurance
Disability Insurance
Telephone Cellular
Administrative Supplies
Training and Development
Local Mileage
Program Activities
Revenues
Runaway & Homeless Grant FY10
Runaway & Homeless Grant FY10-Local
35-630-5160-1 002
35-630-5160-11 05
35-630-51 60-1120
35-630-51 60-1125
35-630-5160-1126
35-630-5160-1130
35-630-5160-1131
35-630-5160-2021
35-630-5160-2030
35-630-5160-2044
35-630-5160-2046
35-630-5160-2066
35-630-5160-5160
35-630-5160-5161
$ 62,501 .00
9,638.00
4,781.00
9,600.00
548.00
513.00
208.00
1,320.00
1,850.00
5,825.00
990.00
13,387.00
93,603.00
17,558.00
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Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~hi.~~
Stephanie M. Moon, CMC
City Clerk
~'Q~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of October, 2009.
No. 38626-102209.
AN ORDINANCE authorizing the conveyance of a fifteen-foot wide above ground
and underground utility easement across City-owned property located at 1920 Orange
Avenue, N. E., designated as Tax Map No. 2322001, to Appalachian Power Company,
upon certain terms and conditions; and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1 . The City Manager and City Clerk are hereby authorized, for and on behalf
of the City, to execute and attest, respectively, the necessary documents providing for
the conveyance of a fifteen-foot wide above ground and underground utility easement
across City-owned property located at 1920 Orange Avenue, N. E., designated as Tax
Map No. 2322001, to Appalachian Power Company, to provide electric service to the
City's new Fire Station No.5, as more particularly set forth in the City Manager's letter
to this Council dated October 22,2009.
2. All documents necessary for this conveyance shall be in a form approved
by the City Attorney.
518
2. 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:
~fY}.~
Stephanie M. Moon, CMC
City Clerk
O"Q~--
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of October, 2009.
No. 38627-102209.
A RESOLUTION approving and establishing an increase to the daily one way
fare and to the monthly pass fare for the Greater Roanoke Transit Company (GRTC), I
dba Valley Metro, Smart Way Commuter Service; establishing an effective date; and
authorizing the City Manager to take any necessary action to accomplish the
implementation, administration, and enforcement of such fare increases.
WHEREAS, the GRTC Board of Directors has approved and adopted an
increased daily one way fare from $3.00 to $4.00 and an increased monthly pass fare
from $100.00 to $120.00 for GRTC's Smart Way Commuter Service as set forth in the
City Manager's letter dated October 22,2009, to this Council; and
WHEREAS, GRTC has requested that City Council establish and approve such
fare increases as mentioned above pursuant to Section 34-22 (a) of the Code of the
City of Roanoke.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1 . City Council hereby approves and establishes the increased daily one way
fare from $3.00 to $4.00 and the increased monthly pass fare from $100.00 to $120.00
for GRTC's Smart Way Commuter Service that was approved and adopted by the
GRTC Board of Directors, all as set forth in the City Manager's letter dated October 22,
2009, such fare increases to be effective when the new Smart Way MCI Coaches are I
placed in service, which is anticipated to be in January 2010.
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2. The City Manager is hereby authorized to take any necessary action to
accomplish the implementation, administration, and enforcement of such fare increases
as set forth above.
3. The City Clerk is directed to certify a copy of this Resolution to the
General Manager of GRTC.
APPROVED
ATTEST:
~~.:::d
Stephanie M. Moon, CMC
City Clerk
Q Q 01---..
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of October, 2009.
No. 38628-102209.
A Resolution authorizing the issuance and sale of not to exceed Fifty Million
Dollars ($50,000,000) principal amount of city of Roanoke, Virginia, General Obligation
Public Improvement refunding Bonds; authorizing the sale of such bonds at competitive
or negotiated sale; fixing the form, denomination and certain other details of such
bonds; delegating to the City Manager and the Director of Finance certain powers with
respect thereto, including the power to select the underwriters if such bonds are sold at
negotiated sale; authorizing the city to enter into one or more bond purchase contracts
by and between the city and such underwriters relating to such bonds; authorizing the
City Manager and the Director of Finance to execute and deliver such bond purchase
contracts; authorizing the preparation of a preliminary official statement and an official
statement and the delivery thereof to the purchasers of such bonds; authorizing- the
execution and delivery of a continuing disclosure certificate relating to such bonds;
authorizing the City Manager and the Director of Finance to appoint an escrow agent;
authorizing the execution and delivery of an escrow deposit agreement by and between
the city and such escrow agent relating to the refunded bonds; authorizing the City
Manager and the Director of Finance to appoint a verification agent; authorizirig the City
Manager and the Director of Finance to designate the refunded bonds for redemption;
and otherwise providing with respect to the issuance, sale and delivery of such bonds
and the refunding of the refunded bonds.
520
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
AS FOLLOWS:
I
SECTION 1. The Council (the "Council") of the City of Roanoke, Virginia
(the "City"), hereby finds and determines as follows:
(a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950
(the same being the Public Finance Act of 1991), and resolutions adopted by this
Council, there were authorized to be issued, sold and delivered the City's
$44,245,000.00 principal amount of General Obligation Public Improvement Bonds,
Series 2002A, dated February 1 , 2002 and maturing in varying amounts on October 1 in
each of the years 2002 through 2021, both inclusive (the "Series 2002A Bonds").
(b) Pursuant to the Public Finance Act of 1991, and resolutions
adopted by this Council, there were authorized to be issued, sold and delivered the
City's $46,000,000.00 principal amount of General Obligation Public Improvement
Bonds, Series 2004B, dated November 15, 2004 and maturing in varying amounts on
February 1 in each of the years 2006 through 2025, both inclusive (the "Series 2004B
Bonds").
(c) Pursuant to the Public Finance Act of 1991, and resolutions I
adopted by this Council, there were authorized to be issued, sold and delivered the
City's $29,555,000.00 principal amount of General Obligation Public Improvement
Bonds, Series 2006A, dated February 8, 2006 and maturing in varying amounts on
February 1 in each of the years 2007 through 2026, both inclusive (the "Series 2006A
Bonds").
(d) Pursuant to the Public Finance Act of 1991, and resolutions
adopted by this Council, there were authorized to be issued, sale and delivered by the
City's $45,990,000.00 principal amount of General Obligation Public Improvement
Bonds, Series 2008, dated February 5, 2008 and maturing in varying amounts on
February 1 in each of the years 2009 through 2028, both inclusive, and on February 1,
2033 (the "Series 2008 Bonds").
(e) The City has been advised by the City's Financial Advisor that the
refunding in advance of their stated maturities of all or a portion of the outstanding
Series 2002A Bonds, the outstanding Series 2004B Bonds, the outstanding Series
2006A Bonds and the outstanding Series 2008 Bonds and certain maturities of certain
other currently outstanding issues of general obligation public improvement bonds of the
City may result in annual debt service cost savings to the City, depending upon market
conditions.
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(f) The Council desires to authorize the issuance and sale of General
Obligation Public Improvement Refunding Bonds of the City to provide for the refunding
in advance of their stated maturities and redemption of all or a portion of the outstanding
Series 2002A Bonds, the outstanding Series 2004B Bonds, the outstanding Series
2006A Bonds and the outstanding Series 2008 Bonds and certain maturities of such
other outstanding general obligation public improvement bonds, the refunding of which
shall be recommended by the City's Financial Advisor (such bonds to be refunded in
advance of their stated maturities being referred to hereinafter as the "Refunded
Bonds") .
(g) Pursuant to Article 5 of Chapter 26 of Title 15.2 of the Code of
Virginia, 1950, the City is authorized to issue refunding bonds to refund all or a portion
of its outstanding bonds in advance of their stated maturities.
(h) In the judgment of this Council, it is necessary and expedient to
authorize the issuance and sale of not to exceed Fifty Million Dollars ($50,000,000.00)
principal amount of General Obligation Public Refunding Improvement Bonds for the
purpose of refunding all or a portion of the Refunded Bonds and paying the costs
related to the issuance of such General Obligation Public Improvement Refunding
Bonds.
SECTION 2. (a) Pursuant to the Public Finance Act of 1991, including
in particular Title 15.2, Chapter 26, Article 5, Section 15.2-2643 et seq., of the Code of
Virginia, 1950, for the purpose of providing funds to refund the Refunded Bonds in
advance of their stated maturities and to pay the costs of issuance of the Bonds (as
defined herein), there are hereby authorized to be issued, sold and delivered not to
exceed Fifty Million Dollars ($50,000,000.00) principal amount of general obligation
refunding bonds of the City which shall be designated and known as "City of Roanoke,
Virginia, General Obligation Public Improvement Refunding Bonds" (referred to herein
as the "Bonds").
(b) The Bonds shall be issued in their entirety at one time, or from time
to time in part in series, as shall be determined by the Director of Finance. There shall
be added to the designation of the Bonds a series designation determined by the
Director of Finance. The Bonds shall be issued in fully registered form in the
denomination of $5,000.00 each or any integral multiple thereof. The Bonds of a given
series shall be numbered from No. R-1 upwards in order of issuance. The Bonds shall
bear interest from their date payable on such date and semiannually thereafter as shall
be determined by the City Manager and the Director of Finance in accordance with the
provisions of Section 8 hereof. The Bonds shall be issued in such aggregate principal
amount (not exceeding in the aggregate the principal amount specified in Section 2(a)
hereof); and shall mature on such dates and in such years (but in no event exceeding
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forty (40) years from their date or dates), and in the principal amount in each such year,
determined by the City Manager and the Director of Finance in accordance with the
provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of
a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day
months.
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(c) The Bonds (or portions thereof in installments of $5,000.00) may be
made subject to redemption at the option of the City prior to their stated maturities, in
whole or in part from time to time on any date, in such order as may be determined by
the City (except that if at any time less than all of the Bonds of a given maturity are
called for redemption, the particular Bonds or portions thereof in installments of
$5,000.00 of such maturity to be redeemed shall be selected by lot), upon payment of
such redemption prices (expressed as a percentage of the principal amount of the
Bonds to be redeemed), together with the interest accrued thereon to the date fixed for
the redemption thereof, as shall be determined by the City Manager and the Director of
Finance in accordance with the provisions of Section 8 hereof.
(d) (i) If any Bond (or any portion of the principal amount thereof in
installments of $5,000.00) shall be called for redemption, notice of the redemption
thereof, specifying the date, number and maturity of such Bond, the date and place or
places fixed for its redemption, and if less than the entire principal amount of such Bond I
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.
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(ii) Any notice of the optional redemption of the Bonds may state that it
is conditioned upon there being on deposit with the City on the date fixed for the
redemption thereof an amount of money sufficient to pay the redemption price of such
Bonds, together with the interest accrued thereon to the date fixed for the redemption
thereof, and any conditional notice so given may be rescinded at any time before the
payment of the redemption price of such Bonds, together with the interest accrued
thereon, is due and payable if any such condition so specified is not satisfied. If a
redemption of any Bonds does not occur after a conditional notice is given due to there
not being on deposit with the City a sufficient amount of money to pay the redemption
price of such Bonds, together with the interest accrued thereon to the date fixed for the
redemption thereof, the corresponding notice of redemption shall be deemed to be
revoked.
(iii) So long as the Bonds are in book-entry only form, any notice of
redemption shall be given only to The Depository Trust Company, New York, New York
("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial
owner of the Bonds any notice of redemption.
SECTION 3. The full faith and credit of the City shall be and is
irrevocably pledged to the punctual payment of the principal of and interest on the
Bonds as the same become due. In each year while the Bonds, or any of them, are
outstanding and unpaid, this Council is authorized and required to levy and collect
annually, at the same time and in the same manner as other taxes of the City are
assessed, levied and collected, a tax upon all taxable property within the City, over and
above all other taxes, authorized or limited by law and without limitation as to rate or
amount, sufficient to pay when due the principal of and interest on the Bonds to the
extent other funds of the City are not lawfully available and appropriated for such
purpose.
SECTION 4. (a) The Bonds shall be executed, for and on behalf of the
City, by the manual or facsimile signature of the Mayor of the City and shall have a
facsimile of the corporate seal of the City imprinted thereon, attested by the manual or
facsimile signature of the City Clerk of the City.
(b) The Director of Finance is hereby authorized to appoint a Registrar
and Paying Agent for the Bonds (the "Registrar").
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(c) The Director of Finance shall direct the Registrar to authenticate
the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the
certificate of authentication endorsed on each Bond shall have been manually executed
by an authorized signator of the Registrar. Upon the authentication of any Bonds the
Registrar shall insert in the certificate of authentication the date as of which such Bonds
are authenticated as follows: (i) if a Bond is authenticated prior to the first interest
payment date, the certificate shall be dated as of the date of the initial issuance and
delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is
authenticated upon an interest payment date, the certificate shall be dated as of such
interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the
calendar month next preceding an interest payment date and prior to such interest
payment date, the certificate shall be dated as of such interest payment date and (iv) in
all other instances the certificate shall be dated as of the interest payment date next
preceding the date upon which the Bond is authenticated. In the event the dates on
which interest is payable on the Bonds of any series are other than the first days of
calendar months, the provisions of this Section 4(c) with regard to the authentication of
such Bonds and of Section 10 with regard to the form of such Bonds shall be modified
as the Director of Finance shall determine to be necessary or appropriate.
(d) The execution and authentication of the Bonds in the manner
above set forth is adopted as a due and sufficient authentication of the Bonds.
SECTION 5. (a) The principal of and interest on the Bonds shall be
payable in such coin or currency of the United States of America as at the respective
dates of payment thereof is legal tender for public and private debts at the office of the
Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to
the registered owners of such Bonds at their respective addresses as such addresses
appear on the books of registry kept pursuant to this Section 5;. provided, however, that
so long as the Bonds are in book-entry form and registered in the name of Cede & Co.,
as nominee of DTC, or in the name of such other nominee of DTC as may be requested
by an authorized representative of DTC, interest on the Bonds shall be paid directly to
Cede & Co. or such other nominee of DTC by wire transfer.
(b) At all times during which any Bond of any series remains
outstanding and unpaid, the Registrar for such 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, 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:
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(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 agent, upon surrender of such Bond to the Registrar for
cancellation, accompanied by a written instrument of transfer duly executed by the
registered owner in person or by his duly authorized attorney, in form satisfactory to the
Registrar.
(f) All transfers or exchanges pursuant to this Section 5 shall be made
without expense to the registered owners of such Bonds, except as otherwise herein
provided, and except that the Registrar for such series of Bonds shall require the
payment by the registered owner of the Bond requesting such transfer or exchange of
any tax or other governmental charges required to be paid with respect to such transfer
or exchange. All Bonds surrendered pursuant to this Section 5 shall be cancelled.
(g) (i) The Bonds shall be issued in full book-entry form. One Bond
representing each maturity of the Bonds will be issued to and registered in the name of
Cede & Co., as nominee of DTC, or such other nominee of DTC as may be requested
by an authorized representative of DTC, as registered owner of the Bonds, and each
such Bond will be immobilized in the custody of DTC. DTC will act as securities
depository for the Bonds. Individual purchases will be made in book-entry form only, in
the principal amount of $5,000.00 or any integral 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., or such other nominee of DTC as may be
requested by an authorized representative of DTC, as registered owner of the Bonds,
which will in turn remit such payments to the DTC participants for subsequent disbursal
to the beneficial owners of the Bonds. Transfers of principal and interest payments to
DTC participants will be the responsibility of DTC. Transfers of such payments to
beneficial owners of the Bonds by DTC participants will be the responsibility of such
participants and other nominees of such beneficial owners. Transfers of ownership
interests in the Bonds will be accomplished by book entries made by DTC and, in turn,
by the DTC participants who act on behalf of the indirect participants of DTC 'and the
beneficial owners of the Bonds.
(iii) The City will not be responsible or liable for sending transaction
statements or for maintaining, supervising or reviewing records maintained by DTC, its
participants or persons acting through such participants or for transmitting payments to,
communicating with, notifying, or otherwise dealing with any beneficial owner of the
Bonds.
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SECTION 6. (a) CUSIP identification numbers may be printed on the
Bonds, but no such number shall constitute a part of the contract evidenced by the
particular Bond upon which it is printed; no liability shall attach to the City or any officer
or agent thereof (including any paying agent for the Bonds) by reason of such numbers
or any use made thereof (including any use thereof made by the City, any such officer
or any such agent) or by reason of any inaccuracy, error or omission with respect
thereto or in such use; and any inaccuracy, error or omission with respect to such
numbers shall not constitute cause for failure or refusal by a purchaser of any Bonds to
accept delivery of and pay for such Bonds. All' expenses in connection with the
assignment and printing of CUSIP numbers on the Bonds shall be paid by the initial
purchasers 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 paymen't for the Bonds, may be printed on
the Bonds.
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SECTION 7. The City covenants and agrees to comply with the
provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the I
applicable Treasury Regulations promulgated thereunder throughout the term of the
Bonds.
SECTION 8. (a) Pursuant to the authority of and for the purposes
specified herein, this Council hereby authorizes the. City Manager and the Director of
Finance, without further action of this Council, to sell the Bonds in one or more series in
accordance with Section 2 at competitive or negotiated sale to the Underwriter, on or
before June 30, 2010, at a price not less than ninety-seven percent (97%) of the
principal amount of the Bonds, plus accrued interest, if any, from the date of the Bonds
to the date of delivery thereof and payment therefor; ;provided, however, that a series of
the Bonds may be sold, whether at competitive or negotiated sale, only if the refunding
of the Refunded Bonds will result in net present value savings to the City of not less
than three percent (3%), based on the principal amount of the related Refunded Bonds.
The Bonds shall bear interest at such rates per annum as shall be approved by the City
Manager and the Director of Finance; provided, however, in no event shall the true
interest rate for the Bonds of any series exceed six percent (6%) and provided further in
no event shall the premium payable by the City upon the redemption of the Bonds
exceed two percent (2%) of the principal amount thereof.
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(b) If the Bonds are sold at competitive sale, they may be sold
contemporaneously with other bonds of the City under a combined Notice of Sale. If the
Bonds are sold at competitive sale, the Director of Finance is hereby authorized to
cause to be published and distributed a Notice of Sale of the Refunding Bonds in such
form and containing such terms and conditions as the Director of Finance may deem
advisable, subject to the provisions hereof. In lieu of publishing the full text of the
Notice of, Sale in accordance with the provisions of the immediately preceding sentence,
the Director of Finance is hereby authorized to cause a Summary Notice of Sale in such
form as the Director of Finance shall approve to be published in The Bond Buyer on a
date selected by the Director of Finance.
(c) If the Bonds are sold at negotiated sale, the City Manager and the
Director of Finance are hereby authorized to select the underwriters for the Bonds of
each series (the "Underwriters") and to sell the Bonds of each series at a negotiated
sale to the Underwriters selected by the City Manager qirector of Finance, and either or
both of the City Manager and the Director of Finance are authorized to execute and
deliver to the Underwriters one or more Bond Purchase Contracts relating to the sale of
the Bonds by the City to such Underwriters.
(d) The City Manager and the Director of Finance are hereby
authorized to cause to be prepared and deliver to the purchasers of the Bonds a
Preliminary Official Statement and a final Official Statement relating the Bonds on or
before the dates specified in the Bond Purchase Contract. The City Manager and the
Director of Finance are hereby further authorized to certify that the Preliminary Official
Statement for the Bonds authorized hereunder is "deemed final" for purposes of Rule
15c2-12 promulgated by the Securities and Exchange Commission pursuant to the
Securities Exchange Act of 1934 ("Rule 15c2-12). The Mayor of the City is hereby
authorized to execute the final Official Statement on behalf of the City.
(e) 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 15c2-12 in such
form as shall be approved by the City Manager and the Director of Finance upon advice
of counsel (including the City Attorney or Bond Counsel), such approval to be
conclusively evidenced by their execution and delivery thereof.
(f) All actions and proceedings heretofore taken by this Council, the
City Manager, the Director of Finance and the other officers, employees, agents and
attorneys of and for the City in connection with the issuance and sale of the Bonds are
hereby ratified and confirmed.
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SECTION 9. (a) The City Manager and the Director of Finance are
hereby authorized to enter into an Escrow Deposit Agreement in the form customarily
entered into by the City in connection with advance refunding transactions providing for
the redemption of the Refunded Bonds (the "Escrow Deposit Agreement") and to
appoint an Escrow Agent to serve under the Escrow Deposit Agreement. The City
Manager and the Director of Finance are hereby authorized to appoint a verification
agent to verify the mathematical accuracy of computations relating to the Bonds and the
Refunded Bonds.
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(b) The City Manager and the Director of Finance, or either of them,
are hereby authorized to execute, on behalf of the City, subscriptions or purchase
agreements for the securities to be purchased by the Escrow Agent from moneys
deposited in the Escrow Deposit Fund created and established under the Escrow
Deposit Agreement. Such securities so purchased shall be held by the Escrow Agent
under and in accordance with the provisions of the Escrow Deposit Agreement. The
City Manager and the Director of Finance, or either of them, are hereby authorized to
sell any securities held by the Escrow Agent under and in accordance with the
provisions of the Escrow Deposit Agreement and to purchase securities in lieu of and in
substitution therefor.
(c) Subject to the sale and receipt of the proceeds of the Bonds, the I
City Manager and the Director of Finance are hereby authorized to designate the
Refunded Bonds for redemption on such date or dates as they shall determine and are
hereby further authorized to direct the Escrow Agent to cause notices of the redemption
of the Refunded Bonds on such date or dates to be given in accordance with the
provisions of the proceedings authorizing the issuance of the Refunded Bonds.
SECTION 10. The Bonds, the certificate of authentication of the
Registrar, and the assignment endorsed on the Bonds, shall be substantially in the
forms set forth in Exhibit A attached hereto.
SECTION 11. The City Clerk is hereby directed to file a copy of this
Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of
the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of
Virginia, 1950.
SECTION 12. All ordinances, resolutions and proceedings in conflict
herewith are, to the extent of such conflict, repealed.
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EXHIBIT A
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC
IMPROVEMENT REFUNDING BOND
SERIES
No. R- I $
I
MATURITY DATE: I INTEREST RATE: DATE OF BOND: CUSIP NO:
REGISTERED OWNER:
PRINCIPAL SUM: DOLLARS
KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the
Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted
and hereby promises to pay to the Registered Owner (named above), or registered
assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to
prior redemption and shall have been duly called for previous redemption and payment
of the redemption price duly made or provided for), the Principal Sum (specified above),
and to pay interest on such Principal Sum on and semiannually
on each and thereafter (each such date is hereinafter
referred to as an "interest payment date"), from the date hereof or from the interest
payment date next preceding the date of authentication hereof to which interest shall
have been paid, unless such date of authentication is an interest payment date, in which
case from such interest payment date, or unless such date of authentication is within
the period from the sixteenth (16th) day to the last day of the calendar month next
preceding the following interest payment date, in which case from such following
interest payment date, such interest to be paid until the maturity or redemption hereof at
the Interest Rate (specified above) per annum, by check mailed by the Paying Agent
hereinafter mentioned to the Registered Owner in whose name this Bond is registered
upon the books of registry, as of the close of business on the fifteenth (15th) day
(whether or not a business day) of the calendar. month next preceding each interest
payment date; provided, however, that so long as this Bond is in book-entry only form
and registered in the name of Cede & Co., as nominee of The Depository Trust
Company ("DTC"), or in the name of such other nominee of DTC as may be requested
by an authorized representative of DTC, interest on this Bond shall be paid directly to
Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall
be calculated on the basis of a three hundred and sixty (360) day year comprised of
twelve (12) thirty (30) day months.
530
The principal of this Bond is payable on presentation and surrender hereof I
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.
This Bond is one of a series of Bonds of like date, denomination and tenor
except as to number, interest rate and maturity, and is issued for the purpose of
providing funds to refund in advance of their stated maturities certain general obligation
public improvement bonds heretofore issued by the City to pay the costs of public
improvement projects of and for the City. This Bond is issued under and pursuant to
and in full compliance with the Constitution and statutes of the Commonwealth of
Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being
the Public Finance Act of 1991), and a resolution and other proceedings of the Council
of the City duly adopted and taken under the Public Finance Act of 1991.
The Bonds of the series of which this Bond is one (or portions thereof in
installments of $5,000.00) maturing on and after 1, _ are subject. to
redemption at the option of the City prior to their stated maturities, on or after
1, _, 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 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 series of which this Bond is one maturing on
_, _ are subject to mandatory sinking fund redemption on _, _ and
on each _ thereafter and to payment at maturity on _, _ in the
principal amounts in each year set forth below, in the case of redemption with the
particular Bonds or Bonds or portions thereof to be redeemed to be selected by lot,
upon payment of the principal amount of the Bonds to be redeemed, together with the
interest accrued on the principal amount to be redeemed to the date fixed for the
redemption thereof:
Year
( ) Princioal Amount
$
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The City, at its option, may credit against such mandatory sinking fund
redemption requirement the principal amount of any Bonds maturing on _,
_ which have been purchased and cancelled by the City or which have been
redeemed and not theretofore applied as a credit against such mandatory sinking fund
redemption requirement.
If this Bond is redeemable and this Bond (or any portion of the principal amount
hereof in installments of $5,000) 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.
Any notice of the optional redemption of this Bond may state that it is conditioned
upon there being on deposit with the City on the date fixed for the redemption hereof an
amount of money sufficient to pay the redemption price of this Bond, together with the
interest accrued thereon to the date fixed for the redemption hereof, and any conditional
notice so given may be rescinded at any time before the payment of the redemption
price of this Bond, together with the interest accrued thereon, is due and payable if any
such condition so specified is not satisfied. If a redemption of this Bond does not occur
after a conditional notice is given due to there not being on deposit with the City a
sufficient amount of money to pay the redemption price of this Bond, together with the
interest accrued thereon to the date fixed for the redemption hereof, the corresponding
notice of redemption shall be deemed to be revoked.
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Subject to the limitations and upon payment of the charges, if any, provided in I
the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond
may be exchanged at the office of the Registrar for a like aggregate principal amount of
Bonds of other authorized principal amounts and of the same series, interest rate and
maturity. This Bond is transferable by the Registered Owner hereof, in person or by his
attorney duly authorized in writing, on the books of registry kept by the Registrar for
such purpose at the office of the Registrar but only in the manner, subject to the
limitations and upon payment of the charges, if any, provided in the proceedings
authorizing the Bonds of the series of which this Bond is one, and upon the surrender
hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized
denominations and of the same aggregate principal amount, series, interest rate and
maturity as the Bond surrendered, will be issued to the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of authentication
hereon shall have been manually signed by the Registrar.
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 is authorized and
required to levy and collect annually, at the same time and in the same manner as other
taxes of the City are assessed, levied and collected, a tax upon all property within the
City, over and above all other taxes, authorized or limited by law and without limitation I
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 of the City Clerk of
the City; and this Bond to be dated as of the date first above written.
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[SEAL]
Attest:
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CITY OF ROANOKE, VIRGINIA
Mayor
City Clerk
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to the within-mentioned
proceedings.
],
as Registrar
By:
Authorized Signator
Date of Authentication:
534
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and
transfer(s) unto
(Please print or type name and address, including postal zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY
OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE:
the within Bond and all rights thereunder, hereby irrevocably constituting and appointing
, Attorney, to transfer
such Bond on the books kept for the registration thereof, with full power of substitution
in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be
guaranteed by a member firm of The
New York Stock Exchange, Inc. or a
commercial bank or trust company.
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the
Registered Owner as it appears on the
face of this Bond in every particular,
without alteration, enlargement or any
change whatsoever.
APPROVED
ATTEST:
~/~/~M)
City Clerk
David A. Bowers
Mayor
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of October, 2009.
No. 38629-102209.
AN ORDINANCE to appropriate funding from the Federal and Commonwealth
governments, local match, and the Foundation for Roanoke Valley Philanthropy for
various educational programs, amending and reordaining certain sections of the 2009-
2010 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 2009-2010 School Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
GED Examiner 302-160-0000-1305-354D-61100-41121-9-07 $ 7,000.00
Social Security 302-160-0000-1305-354D-611 00-42201-9-07 535.00
GED Testing 302-160-0000-1305-354D-61100-45584-9-07 1,865.00
Materials
Supplemental 302-140-HOME-1 000-730D-6121 0-41129-9-0( 2,600.00
Salary
. Social Security 302-140-HOME-1 000-730D-6121 0-42201-9-0( 200.00
Technical 302-110-0000-0420-161 D-611 00-46640-2-01 6,500.00
Software/On line
Content
Technical 302-11 0-0000-0350-161 D-611 00-46640-2-01 6,500.00
Software/Online
Content
GED Teacher 302-160-0000-1305-355D-61100-41121-9-07 11,476.00
Social Secu rity 302-160-0000-1305-355D-611 00-42201-9-07 879.00
Outreach/ Adverti 302-160-0000-1305-355D-61100-43361-9-07 8,100.00
sing
Teachers 302-110-1102-0420-141 D-611 00-41121-3-05 30,600.00
Program 302-110-1102-0420-141 D-611 00-41124-3-05 18,438.00
Coordinator/Site
Manager
Instructional 302-11 0-11 02-0420-141 D-611 00-41141-3-05 36,000.00
Assistants
Retiree Health 302-11 0-11 02-0420-141 D-611 00-42200-3-05 113.00
Social Secu rity 302-11 0-1102-0420-141 D-611 00-42201-3-05 6,461.00
VRS 302-11 0-1102-0420-141 D-611 00-42202-3-05 1,449.00
Medical/Dental 302-110-1102-0420-141 D-611 00-42204-3-05 1,897.00
536
Group Life 302-110-1102-0420-141 D-611 00-42205-3-05 86.00 I
Contracted 302-110-1102-0420-141 D-611 00-43313-3-05 42,478.00
Services
Conference 302-110-1102-0420-141 D-611 00-45554-3-05 4,478.00
Travel
Pupil 302-11 0-11 02-0420-141 D-63200-45583-3-05 21,500.00
Transportation
Supplies 302-110-1102-0420-141 D-611 00-46614-3-05 21,500.00
Teachers 302-110-11 02-0230-160D-611 00-41121-3-05 30,600.00
Program 302-110-11 02-0230-160D-611 00-41124-3-05 17,860.00
Coordinator/Site
Manager
Instructional 302-110-11 02-0230-160D-611 00-41141-3-05 36,000.00
Assistants
Retiree Health 302-110-11 02-0230-160D-611 00-42200-3-05 113.00
Social Secu rity 302-110-11 02-0230-160D-611 00-42201-3-05 6,461.00
VRS 302-110-11 02-0230-160D-611 00-42202-3-05 1,449.00
Medical/Dental 302-110-11 02-0230-160D-611 00-42204-3-05 1,897.00
Group Life 302-110-11 02-0230-160D-611 00-42205-3-05 86.00
Contracted 302-110-11 02-0230-160D-611 00-43313-3-05 38,056.00
Services
Conference 302-110-11 02-0230-160D-611 00-45554-3-05 4,478.00
Travel I
Pupil 302-110-1102-0230-160D-63200-45583-3-05 21,500.00
Transportation
Supplies 302-110-11 02-0230-160D-611 00-46614-3-05 21,500.00
Teachers 302-110-11 02-0350-142D-611 00-41121-3-05 30,600.00
Program 302-110-11 02-0350-142D-611 00-41124-3-05 18,438.00
Coordinator/Site
Manager
Instructional 302-11 0-11 02-0350-142D-611 00-41141-3-05 36,000.00
Assistants
Retiree Health 302-110-11 02-0350-142D-611 00-42200-3-05 113.00
Social Security 302-110-11 02-0350-142D-611 00-42201-3-05 6,461.00
VRS 302-11 0-11 02-0350-142D-611 00-42202-3-05 1,449.00
Medical/Dental 302-110-11 02-0350-142D-611 00-42204-3-05 1,897.00
Group Life 302-110-11 02-0350-142D-611 00-42205-3-05 86.00
Contracted 302-11 0-1102-0350-142D-611 00-43313-3-05 42,478.00
Services
Conference 302-110-11 02-0350-142D-611 00-45554-3-05 4,478.00
Travel
Pupil 302-110-1102-0350-142D-63200-45583-3-05 21,500.00
Transportation
Supplies 302-110-11 02-0350-142D-611 00-46614-3-05 21,500.00 I
Instructional 302-11 0-0000-0280-162D-611 00-46630-3-01 6,000.00
Materials
537
I Teachers 302-160-0000-1305-101 D-611 00-41121-9-07 15,900.00
Instructional 302-160-0000-1305-101 D-611 00-41141-9-07 (4,000.00)
Assistants
Retirement 302-160-0000-1305-1 01 D-611 00-42200-9-07 151.00
Health
Social Security 302-160-0000-1305-101 D-611 00-42201-9-07 (402.00)
Medical/Dental 302-160-0000-1305-101 D-611 00-42204-9-07 655.00
Staff 302-160-0000-1305-101 D-611 00-45586-9-07 (3,000.00)
Development
Advertising/Outre 302-160-0000-1305-101 D-611 00-43361-9-07 500.00
ach
Travel/Mileage 302-160-0000-1305-101 D-611 00-45551-9-07 (1,922.00)
Supplemental 302-11 0-0000-0280-132D-611 00-43311-3-01 13,223.00
Educational
Supplemental 302-110-0000-0030-132D-61100-43311-2-01 13,223.00
Educational
Supplemental 302-11 0-0000-0300-132D-611 00-43311-2-01 13,223.00
Educational
Supplemental 302-11 0-0000-0420-132D-611 00-43311-2-01 13,223.00
Educational
Supplemental 302-11 0-0000-0340-132D-611 00-43311-2-01 13,223.00
Educational
I Field Trips 302-11 0-0000-0280-132D-611 00-45583-3-01 13,223.00
Field Trips 302-11 0-0000-0030-132D-611 00-45583-2-01 13,223.00
Field Trips 302-11 0-0000-0300-132D-611 00-45583-2-01 13,223.00
Field Trips 302-11 0-0000-0420-132D-611 00-45583-2-01 13,223.00
Field Trips 302-11 0-0000-0340-132D-611 00-45583-2-01 13,223.00
Office Supplies 302-110-0000-1 000-132D-611 00-46601-0-01 1,318.00
Instructional 302-11 0-0000-0280-132D-611 00-46614-3-01 1,100.00
Supplies
Instructional 302-110-0000-041 0-132D-611 00-46614-2-01 1 ,1 00.00
Supplies
Instructional 302-110-0000-0050-1320-61100-46614-2-01 1 ,100.00
Supplies
Instructional 302-11 0-0000-0030-132D-611 00-46614-2-01 1 ,100.00
Supplies
Instructional 302-11 0-0000-0300-132D-611 00-46614-2-01 1,100.00
Supplies
Instructional 302-11 0-0000-011 0-132D-611 00-46614-2-01 1,100.00
Supplies
Instructional 302-11 0-0000-0320-132D-611 00-46614-2-01 1,100.00
Supplies
Instructional 302-11 0-0000-0420-132D-611 00-46614-2-01 1 ,100.00
I Supplies
Instructional 302-11 0-0000-0340-132D-611 00-46614-2-01 1,100.00
Supplies
538
Instructional 302-110-0000-0060-132D-61100-46614-2-01 1.,100.00
Supplies I
Instructional 302-11 0-0000-0240-132D-611 00-46614-2-01 1,100.00
Supplies
Instructional 302-110-0000-0330-132D-61100-46614-2-01 1 ,100.00
Supplies
Instructional 302-11 0-0000-0220-132D-611 00-46614-2-01 1,100.00
Supplies
Instructional 302-11 0-0000-0430-132D-611 00-46614-2-01 1 ,100.00
Supplies
Instructional 302-11 0-0000-0070-132D-611 00-46614-2-01 1 ,100.00
Supplies
Instructional 302-11 0-0000-0350-132D-611 00-46614-2-01 1,100.00
Supplies
Equipment 302-110-0000-1 000-132D-611 00-48821-9-01 30,000.00
Additions
Equipment 302-110-0000-0280-132D-61100-48821-3-01 30,000.00
Additions
Equipment 302-110-0000-041 0-132D-611 00-48821-2-01 30,000.00
Additions
Equipment 302-11 0-0000-0050-132D-611 00-48821-2-01 30,000.00
Additions
Equipment 302-11 0-0000-0030-132D-611 00-48821-2-01 30,000.00 I
Additions
Equipment 302-11 0-0000-0300-132D-611 00-48821-2-01 30,000.00
Additions
Equipment 302-110-0000-0110-132D-61100-48821-2-01 30,000.00
Additions
Equipment 302-11 0-0000-0320-132D-611 00-48821-2-01 30,000.00
Additions
Equipment 302-11 0-0000-0420-132D-611 00-48821-2-01 30,000.00
Additions
Equipment 302-11 0-0000-0340-132D-611 00-48821-2-01 30,000.00
Additions
Equipment 302-11 0-0000-0060-132D-611 00-48821-2-01 30,000.00
Additions
Equipment 302-11 0-0000-0240-132D-611 00-48821-2-01 .30,000.00
Additions
Equipment 302-11 0-0000-0330-132D-611 00~48821-2-0 1 30,000.00
Additions
Equipment 302-11 0-0000-0220-132D-611 00-48821-2-01 30,000.00
Additions
Equipment 302-11 0-0000-0430-132D-611 00-48821-2-01 30,000.00
Additions I
Equipment 302-11 0-0000-0070-132D-611 00-48821-2-01 30,000.00
Additions
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539
Equipment 302-11 0-0000-0350-132D-611 00-48821-2-01 30,000.00
Additions
Revenues
State Grant 302-000-0000-0000-354D-00000-32460-0-00 9,400.00
Receipts
Private Foundati 302-000-0000-0000-730D-00000-33808-0-00 2,800.00
on Grant
Federal Grant 302-000-0000-0000-161 D-00000-380 1 0-0-00 13,000~00
Receipts
State Grant 302-000-0000-0000-355D-00000-32298-0-00 20,455.00
Receipts
Federal Grant 302-000-0000-0000-141 D-00000-38287 -0-00 185,000.00
Receipts
Federal Grant 302-000-0000-0000-160D-00000-38287 -0-00 180,000.00
Receipts
Federal Grant 302-000-0000-0000-142D-00000-38287 -0-00 185,000.00
Receipts
Federal Grant 302-000-0000-0000-162D-00000-38010-0-00 6,000.00
Receipts
Federal Grant 302-000-0000-0000-101 D-00000-38002-0-00 7,390.00
Receipts
Local Match 302-000-0000-0000-101 D-00000-34588-0-00 492.00
Federal Grant 302-000-0000-0000-132D-00000-380 10-0-00 661,148.00
Receipts
Pursuant 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.h1~
Stephanie M. Moon, CMC. C'
City Clerk
g~A~
Mayor
540
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 22nd day of October, 2009.
No. 38630-102209.
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. 37791-052107, adopted May 21, 2007,
to the extent that it placed certain conditions on property at 2924 Roberts Road, S. W.,
Official Tax No. 1290211; rezoning the property within the City from CG, Commercial
General District, to MX, Mixed Use District; placing new proffers on the subject property;
and dispensing with the second reading of this ordinance by title.
WHEREAS, CA V Roanoke Property Partnership, LLC, has filed an application to
the Council of the City of Roanoke to repeal Ordinance No. 37791-052107, adopted on
May 21, 2007, to the extent that it placed certain conditions on Official Tax No.
1290211, located at 2924 Roberts Road, S. W.;
WHEREAS, the applicant also seeks in such application to have the property
bearing Official Tax No. No. 1290211, located at 2924 Roberts Road, S. W., rezoned
from CG, Commercial General District, to MX, Mixed Use District, subject to certain I
conditions;
,
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 October 22,2009, 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. 37791-052107, adopted on May 21, 2007, to the extent that it
placed certain conditions on property at 2924 Roberts Road, S.W., Official Tax No.
1290211; rezoning of the property within the City from CG, Commercial General District,
to MX, Mixed Use District; and the placing of new proffers on the subject property.
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541
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Ordinance No. 37791-052107, adopted on May 21, 2007, to the extent
that it placed certain conditions on property at 2924 Roberts Road, S. W., Official Tax
No. 1290211, 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. 1290211, be and
is hereby rezoned from CG, Commercial General District, to MX, Mixed Use District,
subject to certain conditions.
3. That proffers set forth in the Zoning Amendment Application dated
August 6, 2009, are accepted and placed on the property bearing Official Tax No.
1290211, located at 2924 Roberts Road, S. W., 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.
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:
~m.MbUvV
Stephanie M. Moon, CMC ~
City Clerk
9~Q~
David A. Bowers
Mayor
542
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 22nd day of October, 2009.
No. 38631-102209.
AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, to amend the INPUD Development Plan to allow for an addition of
an architectural membrane structure approximately 4000 s.f. in size to serve as a
gymnasium and indoor play area at Grandin Court Elementary School as it pertains to
property identified by Official Tax No. 1640317, located at 2815 Spessard Avenue,
S. W.; and dispensing with the second reading by title of this ordinance.
WHEREAS, the City of Roanoke, has made application to the Council of the City
of Roanoke, Virginia ("City Council"), to amend the INPUD Development Plan to allow
for an addition of an architectural membrane structure approximately 4000 s.f. in size to
serve as a gymnasium and indoor play area at Grandin Court Elementary School as it
pertains to property identified by Official Tax No. 1640317, located at 2815 Spessard
Avenue, S. W.;
WHEREAS, the City Planning Commission, after giving proper notice to all I
concerned' as required by 936.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to
City Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on October 22, 2009, after due and timely notice thereof as required by 936.2-
540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both for and against the.
amendment of the INPUD Development Plan as it pertains to property described as
Official Tax No. 1640317, located at 2815 Spessard Avenue, 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 tt)at the
public necessity, convenience, general welfare and good zoning practice, requires the
amendment of the INPUD Development Plan to allow to allow for an addition of an
architectural membrane structure approximately 4000 s.f. in size to serve as a
gymnasium and indoor play area at Grandin Court Elementary School as it pertains to
property identified by Official Tax No. 1640317, located at 2815 Spessard Avenue,
S. W., as herein provided.
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543
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect the amendment of the INPUD Development Plan to
allow to allow for an addition of an architectural membrane structure approximately
4000 s.f. in size to serve as a gymnasium and indoor play area at Grandin Court
Elementary School as it pertains to property identified by Official Tax No. 1640317,
located at 2815 Spessard Avenue, S. W. as set forth in the Zoning Amended
Application No.1 dated August 24, 2009.
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:
~h1.~
Stephanie M. Moon, CMC >
City Clerk
~:.Q.~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of October, 2009.
No. 38632-102209.
AN ORDINANCE authorizing the City Manager to execute a lease agreement
with Penick, Incorporated, d/b/a New York Subs, for approximately 290 square feet of
space in the City Market Building for a month-to-month term, effective November 1,
2009, not to exceed twelve (12) months; and dispensing with the second reading of this
ordinance by title.
WHEREAS, a public hearing was held on October 22,2009, pursuant to 9915.2-
1800 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:
544
1. The City Manager and the City Clerk are hereby authorized, to execute I
and attest, respectively, in a form approved by the City Attorney, an agreement with
Penick, Incorporated, d/b/a New York Subs, for the lease of approximately 290 square
feet of space in the City Market Building, located at 32 Market Square, Roanoke,
Virginia, for a restaurant establishment, for a month-to-month term, effective
November 1, 2009, not to exceed twelve (12) months, at a rental rate of $718.00 per
month, upon certain terms and conditions, and as more particularly described in the City
Manager's letter to this Council dated October 22,2009.
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:
=o~~
City Clerk
~"Q~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 22nd day of October, 2009.
No. 38633-102209.
AN ORDINANCE amending and reordaining Section 32-104, Levied Rate, of
Article III, Tax On Tanaible Personal Property Generallv, Chapter 32, Taxation, of the
Code of the City of Roanoke (1979), as amended to provide for a special personal-
property tax rate for aircraft weighing 20,000 pounds or more; 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 32-104, Levied Rate, of Article III, Tax On Tangible Personal
Property Generallv, Chapter 32, Taxation, of the Code of the City of Roanoke (1979),
are hereby amended to read and provide as follows:
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545
Sec. 32-104. Levied; rate.
* * *
(0) Effeotive January 1, 2001, the tax rate oontained in thiE: E:eotion E:hall not
apply to aircraft, :lE: that term iE: used in E:eotion 58.1 3506 (/\)(2) of the Code of
Virginia, (1950), as amended. For purpoE:eE: of the taxation of E:uoh aircraft
purE:uant to thic artiole, there iE: hereby impoE:ed and levied, and there E:hall be
oolleoted, for eaoh tax year, a tax at the rate of one dollar and E:ix oents ($1.06)
on every one hundred dollarE: ($100.00) of the fair market value of suoh airDraf:t.
(c) Effective January 1, 2010, the tax rate contained in this section shall not
apply to aircraft, as that term is used in sec. 58. 1-3506, Code of Virginia. For the
purposes of the taxation of aircraft pursuant to this article, there is hereby imposed and
levied, and there shall be collected, for each tax year, the following:
1) a tax at the rate of forty-five cents ($0.45) on every one hundred dollars
($100.00) of the fair market value of every aircraft as defined in Sec. 58.1-
3506.A.3, Code of Virginia; and
,
2) a tax at the rate of one dollar and six cents ($1.06) on every one
hundred dollars ($100.00) of the fair market value of all other aircraft.
2. This ordinance shall be in full force and effect on and after January 1, 2010.
3. Pursuant to 912 of the Roanoke City Charter, the second reading by title
of this ordinance is hereby dispensed with.
APPROVED
ATTEST:
~ht.f'v\OIYV
Stephanie M. Moon, CMC . C
City Clerk
o.o~
David A. Bowers .
Mayor
546
IN THE COUNCI,L OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of October, 2009.
I
No. 38634-102209.
AN ORDINANCE amending of Section 32-104, Levied: rates, Article III, Tax on
TanQible Personal Property Generallv, Chapter 32, Taxation, Code of the City of
Roanoke by the addition of subsection (d) to provide for a special personal property tax
rate for certain motor vehicles which use clean special fuels; 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 32-104, Levied: rates, Article III, Tax on TanQible Personal
Property Generallv, Chapter 32, Taxation, Code of the City of Roanoke, is amended to
read and provide as follows:
* * *
(d) Effective January 1, 2010, the tax rate contained in this section shall
not apply to motor vehicles which use clean special fuels, as defined
in &58. 1-3506. A. 22, Code of Virginia. For purposes of the taxation of
such vehicles pursuant to this article, there is hereby imposed and
levied, and there shall be collected, for each tax year, a tax at the
rate of three dollars and forty-five cents ($3.45) on every one
hundred dollars ($100.00) of the fair market value of such vehicle;
provided that the owner shall receive a credit of ten percent (10%) on
the taxable amount.
I
2. This ordinance shall be in full force and effect on and after January 1,
2010.
3. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is dispensed with.
APPROVED
ATTEST:
~ m fYJDMJ
Stephanie M. Moon, CMC
City Clerk
~~~
David A. Bowers
Mayor
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547~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of November, 2009.
No. 38635-110209.
A RESOLUTION authorizing the acceptance of a U.S. Department of Energy
(DOE) Energy Efficiency and Conservation Block Grant (EECBG), which funds are
being provided by the American Recovery and Reinvestment Act of 2009 (ARRA);
approving and ratifying the execution of Grant documents; authorizing the City Manager
to execute any necessary additional documents, provide any additional information, and
to take any necessary actions in order to obtain, accept, receive, implement, use,
administer, and enforce such Grant; and approving the City's cost sharing contributions
for such Grant. '
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1 . The City of Roanoke hereby accepts the EECBG from the DOE in the
amount of $963,700.00 for creating and implementing strategies to reduce fossil fuel
emissions in a manner that is environmentally sustainable, to help reduce total energy
use, and to improve energy efficiency in the building sector, the transportation sector,
and other sectors, all as more particularly set forth in the City Manager's letter dated
November 2, 2009, to this Council.
2. The Grant documents and the Grant Assistance Agreement, as amended,
between the DOE and the City for this matter are hereby approved and ratified.
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, administer, and enforce such
Grant and/or such Assistance Agreement, including any amendments and/or extensions
thereof, with any such additional documents to be approved as to form by the City
Attorney. Council also approves the City's cost sharing contributions as described in
the above mentioned City Manager's letter dated November 2,2009.
APPROVED
ATTEST:
~rn.rrp~
Stephanie M. Moon, cJc
City Clerk
~~
David A. Bowers
Mayor
548
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of November, 2009.
No. 38636-110209.
AN ORDINANCE to appropriate funding from the Federal government's
American Recovery and Reinvestment Act (ARRA) for the Department of Energy's
Energy Efficiency and Conservation Block Grant Program (EECBG) to provide funding
for four (4) energy conservation projects-courthouse digital controls, courthouse lighting
retrofit, Market Garage lighting retrofit and LED traffic signal retrofit, amending and
reordaining certain sections of the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
ARRA LED Traffic Lights FY10
ARRA Courthouse Controls FY10
ARRA Courthouse Lights FY10
ARRA Market Garage Lights FY1 0
Revenues
ARRA DoE EECBG Grant FY10
35-R09-0959-9015
35-R09-0960-9015
35-R09-0961-9015
35-R09-0962-9015
$300,000.00
135,000.00
200,000.00
328,700.00
35-R09-0959-2921
963,700.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~m.~
Stephanie M. Moon, CMC
City Clerk
~'~
David A. Bowers
Mayor
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549
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of November, 2009.
No. 38637-110209.
A RESOLUTION authorizing the City Manager to enter into the 2009-2010
Community Development Block Grant ("CDBG") subgrant Agreement with Total Action
Against Poverty in the Roanoke Valley, Inc. ("TAP"), upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager
and the City Clerk are hereby authorized, for and on behalf of the City, to execute and
attest, respectively, the 2009-2010 CDBG subgrant Agreement with TAP, approved as
to form by the City Attorney, within the limits of funds and for the purposes as more
particularly set forth in the City Manager's letter to Council dated November 2,2009.
APPROVED
ATTEST:
~h1.~
Stephanie M. Moon, CMC
City Clerk
~ rx-? CM.....'-'
\.::::::J) '<. \..:,' ~. --.
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of November, 2009.
No. 38638-110209.
A RESOLUTION authorizing the appropriate City officials to execute, upon
certain terms and conditions, Amendment No. 1 to the 2008-2009 Community
Development Block Grant ("CDBG") and HOME Investment Partnerships Program
("HOME") Agreement with Habitat for Humanity in the Roanoke Valley, Inc. ("Habitat"),
for housing activities in the City's Hurt Park neighborhood.
WHEREAS, by Resolution No. 38197-081808, the Council of the City of Roanoke,
Virginia ("Council") approved the execution of a Subgrant Agreement with Habitat for
housing activities in the City's Hurt Park neighborhood;
550
WHEREAS, by Resolution No. 38451-051109, Council approved the 2009-2010
Annual Update to the Consolidated Plan for submission to the U.S. Department of
Housing and Urban Development ("HUD"), including additional CDBG and HOME
funding for Habitat's activities; and
WHEREAS, by Resolution No. 38505-070609 and by Budget Ordinance No.
38506-070609, Council accepted and appropriated the 2009-2010 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,
Amendment No. 1 to the 2008-2009 CDBG and HOME Subgrant 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
November 2, 2009, to City Council.
APPROVED
ATTEST:
~m.l'Y1b~
Stephanie M. Moon, CM'2
City Clerk
s:i)Q~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of November, 2009.
No. 38639-110209.
AN ORDINANCE providing for the acquisition of certain easements needed by
the City to provide for a bench cut in connection with the Roanoke River Flood
Reduction Project; and dispensing with the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
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1. To provide for a bench cut in connection with the Roanoke River Flood
Reduction Project, the City wants and needs an access easement for purposes of
ingress and egress over property owned by Virginia Scrap Iron and Metal Company,
Inc., designated as Tax Map Nos. 10410201, 1510101 and 1510103, and a
construction easement for the purpose of constructing and maintaining flood control
improvements over certain property owned by Norfolk Southern Railway Company, as
more fully described in a letter of the City Manager to City Council dated November 2,
2009. All requisite documents shall be in a form approved by the City Attorney.
2. The City Manager is directed on behalf of the City to offer the landowners
such consideration for the easements as deemed appropriate; provided, the total
consideration offered or expended and any and all necessary closing costs shall not
exceed one dollar ($1.00), without further authorization of Council. Upon the
acceptance of an offer and upon delivery to the City of such easements, approved as to
form and execution by the City Attorney, the Director of Finance is directed to pay the
consideration to the owners of the easements conveyed, certified by the City Attorney to
be entitled to the. same.
3. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~rn.~
Stephanie M. Moon, CMC
City Clerk
Q'Q~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of November, 2009.
No. 38640-110209.
AN ORDINANCE amending and reordaining Section 21-198, Reaulation of
teenage dance halls or teenaae niahtclubs, Article VI. Teenaae Dance Halls and
Teenaqe Niahtclubs, of Chapter 21, Offenses-Miscellaneous, Code of the City of
Roanoke (1979), as amended; pertaining to regulation of teenage dance halls; and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
552
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1. Section 21-198, Requlation of teenaqe dance halls or teenage niqhtclubs,
Article VI. Teenaqe Dance Halls and Teenaqe Nightclubs, of Chapter 21, Offenses-
Miscellaneous, Code of the City of Roanoke (1979), as amended, is hereby amended
and reordained to read and provide as follows:
Sec. 21-198. Regulation of teenage dance halls or teenage nightclubs.
(3)
* * *
The presence of persons under the influence of alcohol or
other self-administered drugs, narcotics or controlled
substances on the premises of said teenage dance hall or
teenage nightclub, or, except as provided in subsection (4)
below, the presence of alcohol, drugs, narcotics, controlled
substances, or drug paraphernalia on the premises of said
teenage dance hall or teenage nightclub shall be grounds for
the automatic and immediate revocation of the permit to
conduct or operate a teenage dance hall or teenage
nightclub. Upon the discovery of any person in possession of
alcohol, drug paraphernalia, narcotics, drugs, controlled
substances, or persons under the influence of any of the
same on the premises of said teenage dance hall or teenage
nightclub, the city manager, assistant city manager, chief of
police, or his agent may cause all persons in the teenage
dance hall or teenage nightclub to vacate the premises and
may close the teenage dance hall or teenage nightclub.
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(4) Any person engaged in the business of operating a teenage
dance hall or teenage nightclub who also has a license to
sell alcohol from the Alcoholic Beverage Control Board for
the same premises must lock and secure such alcohol in
such a manner as prescribed by the chief of police, or his
agent during the operating hours of the teenage dance hall
or teenage nightclub. In addition, any person engaged in the
business of operating a teenage dance hall or teenage
nightclub who also has a license to sell alcohol from the
Alcoholic Beverage Control Board for the same premises
shall have at least two (2) off-duty law enforcement officers
to serve as security both inside and outside the building
during the operating hours of the teenage dance hall or
teenage nightclub.
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553
(54) Any person issued a permit to conduct a teenage dance hall
or teenage nightclub shall be given a copy of these
regulations and shall sign for and acknowledge receipt of
such copy.
(6e) No individual to whom a permit to operate a teenage dance
hall or teenage nightclub has been issued, nor any employee
of said teenage dance hall or teenage nightclub shall in any
way hinder any fire prevention or law enforcement officer
who wishes to inspect the premises of said teenage dance
hall or teenage nightclub at any time said teenage dance hall
or teenage nightclub is open,'
(76) The operator of any teenage dance hall or teenage nightclub
shall provide adequate security to protect patrons from
physical harm and to prohibit the entry upon the premises of
alcohol, drugs, narcotics or other controlled substances and
weapons as defined by section 18.2-309, A., Code of
Virginia (1950), as amended.
(8-7) A copy of these regulations shall be posted in a prominent
location inside the building or premises wherein a teenage
dance hall or teenage nightclub is operated.
t8t(9) Any person violating the provisions of this section shall be
guilty of a Class 3 misdemeanor.
2. Pursuant to Section 12 of the City Charter,. the second reading of this
ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~m."lYIl~
Stephanie M. Moon, CMC~
City Clerk
"Qn7~.~ ~
~ ~c: ---
David A. Bowers
Mayor
554
IN THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of November, 2009.
I
No. 38641-110509.
A RESOLUTION reorganizing the Western Virginia Water Authority (the
"Authority") and providing that Franklin County, Virginia join the Authority in accordance
with Virginia Code 915.2-5112.
WHEREAS, the City Council of the City of Roanoke, Virginia (the "City") and the
Boards of Supervisors of Franklin and Roanoke Counties, Virginia (the "Counties") have
determined concurrently that it is in the best interests of the citizens of the City and the
Counties that Franklin County join and become a member of the Western Virginia Water
Authority pursuant to the provisions of the Virginia Water and Waste Authorities Act,
Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended ("the Act"), and have
expressed their desire to do so by the adoption of concurrent resolutions, and a public
hearing has been held in accordance with the requirements of 915.2-5104 of the Act.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1 . The City Council hereby determines that it is in the best interests of the I
citizens of the City of Roanoke, Virginia that Franklin County join and become a
member of the Western Virginia Water Authority and authorizes and directs the Mayor
and the Clerk of the City Council to execute and deliver the Amended and Restated
Articles of Incorporation of the Western Virginia Water Authority contained in Section 4
of this Resolution.
2. The City Council shall appoint three members to four year terms of office
with the exception that the following members shall have the following terms of office
which shall be deemed to begin upon the issuance of a Certificate of Joinder by the
State Corporation Commission. The City Council hereby appoints the following persons
to serve the following terms on the Board of the Authority:
Term of Office
Name Address beoinnino endina
Marc Fink 3545 Electric Road, S.W. July 1,2007 June 30, 2011
Roanoke, Virainia 24018
Robert C. Lawson, Jr. 2705 Longview Ave., S.W. July 1, 2008 June 30, 2012
Roanoke, Viroinia 24014
John P. Bradshaw, Jr. 3132 Burnleigh Road July 1 , 2009 June 30, 2010
Roanoke, Virqinia 24014
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555
3. The Western Virginia Water Authority ("the Authority") is hereby
reorganized in accordance with the terms of the following Amended and Restated
Articles of Incorporation.
4. The City Council does hereby FIND as a matter of fact that inclusion in
the Amended and Restated Articles of Incorporation of the Authority of preliminary
estimates of capital costs, proposals for specific projects to be undertaken by the
Authority, and preliminary estimates of initial rates for services of such projects is
impracticable. The Amended and Restated Articles of Incorporation of the Western
Virginia Water Authority are hereby amended and restated as follows:
AMENDED AND RESTATED
ARTICLES OF INCORPORATION
OF THE
WESTERN VIRGINIA WATER AUTHORITY
The Board of Supervisors of Roanoke County, Virginia, the City Council of the
City of Roanoke, Virginia and the Board of Supervisors of Franklin County, Virginia as
well as the Board of Directors of the Western Virginia Water Authority, have by
concurrent resolutions adopted the following Amended and Restated Articles of
Incorporation of the Western Virginia Water Authority, pursuant to the Virginia Water
and Waste Authorities Act (Chapter 51, Title 15.2 of the 1950 Code of Virginia, as
amended) ("Act").
ARTICLE I
The name of the Authority shall be the Western Virginia Water Authority and the
address of its principal office is 601 South Jefferson Street, Roanoke, Virginia 24011.
ARTICLE II
The names of the political subdivisions participating in the Authority are
Roanoke County, Virginia, the City of Roanoke, Virginia, and Franklin County, Virginia
(the "Localities"), each of which hereby acknowledges, covenants, and agrees that
these Amended and Restated Articles of Incorporation shall not be further amended or
changed without the express agreement of each of the governing bodies of each of the
Localities. None of the following actions shall be taken or permitted to occur by the
Board of the Authority without the affirmative vote of a majority ofthe members from the
City of Roanoke and Roanoke County: (1) The inclusion of additional political
subdivisions in the Authority; and
556
(2) Additional agreement with other political subdivisions, entities, or persons,
for the bulk sale of surplus water or for the acceptance and treatment of waste water.
I
ARTICLE III
The Board of the Authority shall consist of seven members. The names,
addresses, and terms of office of the initial members of the reconstituted Board of the
Western Virginia Water Authority are as follows:
Term of Office
Name Address beginning ending
John P. Bradshaw, Jr. 3132 Burnleigh Road, SW July 1 , 2009 June 30, 2010
Roanoke, Virginia 24014
Donald L. Davis 1031 Halliahurst Avenue July 1, 2006 June 30, 2010
Vinton, Virginia 24179
Marc Fink Fink's Jewelers July 1, 2007 June 30, 2011
3545 Electric Road, SW
Roanoke, Virginia 24018
R. Grayson Goldsmith Valley Bank December 1 , 2007 June 30, 2011 I
36 Church Avenue
Roanoke, Virginia 24001
Shirley B. Holland 161 Lila Lane November 5, 2009 June 30, 2013
Boones Mill, Virginia 24065
Robert C. Lawson, Jr. 2705 Longview Avenue, SW July 1, 2008 June 30, 2012
Roanoke, Virginia 24014
H. Odell "Fuzzy" Minnix 3314 Kenwick Trail July 1, 2008 June 30, 2012
Roanoke, Virginia 24018
Upon the expiration or vacation of the foregoing terms of office, the governing
body of each participating political subdivision shall appoint the number of members set
forth opposite its name below:
Roanoke County-Three, for terms of four years
City of Roanoke-Three, for terms of four years
Franklin County-One, for a term of four years
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557
The governing body of each of the Localities shall be empowered to remove at
any time, without cause, any member appointed by it and to appoint a successor
member to fill the unexpired portion of the removed member's term.
Each Board member shall be reimbursed by the Authority for the amount of
actual expenses incurred in the performance of Authority duties.
ARTICLE IV
The purposes for which the Authority is being reorganized are to exercise all the
powers granted to the Authority to acquire, finance, construct, operate, manage and
maintain water, waste water, sewage disposal and storm water control systems and
related facilities pursuant to the Act. The Authority shall have all of the rights, powers,
and duties of an authority under the Act.
It is not practicable to set forth herein information regarding preliminary
estimates of capital costs, proposals for specific projects to be undertaken, or initial
rates for services of the proposed projects.
ARTICLE V
The Authority shall serve Roanoke County, the City of Roanoke, and Franklin
County, Virginia, and, to the extent permitted by the Act and the terms of these Articles,
such other public or private entities as the Authority may determine upon the terms and
conditions established pursuant to appropriate contracts, either within or without
Roanoke County, the City of Roanoke, or Franklin County, Virginia.
ARTICLE VI
The Authority shall cause an annual audit of its books and records to be made
by an independent certified public accountant at the end of each fiscal year and a
certified copy thereof to be filed promptly with the governing body of each of the
incorporating political subdivisions.
IN WITNESS WHEREOF the Board of Supervisors of Roanoke County, the City
Council of the City of Roanoke, Virginia, and the Board of Supervisors of Franklin
County, Virginia, and the Board of Directors of the Western Virginia Water Authority
have caused these Amended and Restated Articles of Incorporation to be executed in
their, respective names, and their respective seals have been affixed hereto and
attested by the respective secretaries and clerks of each.
558
WESTERN VIRGINIA WATER AUTHORITY CITY OF ROANOKE, VIRGINIA
By:
By:
Chairman
Mayor
WITNESS:
(SEAL) WITNESS:
(SEAL)
Secretary
Clerk
ROANOKE COUNTY, VIRGINIA
FRANKLIN COUNTY, VIRGINIA
By:
By:
Chairman, Board of Supervisors
Chairman, Board of Supervisors
WITNESS:
(SEAL) WITNESS:
(SEAL)
Secretary
Secretary
5. The appropriate officers of the City of Roanoke, Virginia shall take all
action necessary or convenient to file and otherwise cause the Amended and Restated
Articles of Incorporation to become effective.
6. This resolution shall take effect immediately upon its adoption.
APPROVED
ATTEST:
~m.m~w
Stephanie M. Moon, CMC ~
City Clerk
o
David
Mayor
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559
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2009.
No. 38642-111609.
A RESOLUTION authorizing the City Manager to execute Amendment No. 1 to
the 2008-2009 CDBG/HOME Agreement with Total Action Against Poverty in the
Roanoke Valley, Inc. (TAP), dated September 2, 2008, upon certain terms and
conditions.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1 . The City Manager and the City Clerk are hereby authorized on behalf of
the City to execute and attest, respectively, Amendment No. 1 to the 2008-~009
CDBG/HOME Agreement with TAP, dated September 2, 2008, relating to the Hurt Park
project, upon such terms and conditions as are more particularly set forth in the City
Manager's letter dated November 16, 2009, to City Council.
2. Amendment No.1, and any necessary amendments thereto, shall be
approved as to form by the City Attorney.
I
APPROVED
ATTEST:
. ~hJ. r)'r~.,-J
Stephanie M. Moon, CMC
City Clerk
S)Q3fJ~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2009.
No. 38643-111609.
A RESOLUTION authorizing the appropriate City officials to execute, upon
certain terms and conditions, Amendment No. 2 to the 2008-2009 Community
Development Block Grant ("CDBG") Agreement with Rebuilding Together, Roanoke,
Inc. ("Rebuilding Together") for housing activities in the City's Hurt Park neighborhood.
I
560
WHEREAS, by Resolution No. 38451-051109, Council approved the 2009-2010
Annual Update to the Consolidated Plan for submission to the U.S. Department of
Housing and Urban Development" ("HUD"), including additional CDBG funding for
Rebuilding Together's activities; and
WHEREAS, by Resolution No. 38505-070609 and by Budget Ordinance No.
38506-070609, Council accepted and appropriated the 2009-2010 CDBG 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,
Amendment NO.2 to the 2008-2009 CDBG Agreement with Rebuilding Together,
approved as to form by the City Attorney, within the limits of funds and for the purposes
as are more particularly set forth in the City Manager's letter dated November 16, 2009.
APPROVED
ATTEST:
~m'~bW
Stephanie M. Moon, CMC
City Clerk
@~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2009.
No. 38644-111609.
A RESOLUTION authorizing execution by the City Manager of Amendment NO.3
to the City of Roanoke's contract with Manatron, Inc., dated July 31, 2007, for the
purpose of authorizing an increase in the dollar amount of the contract by
$180,168.95, in order to provide certain City departments with the business and
technical services necessary to implement the multi-department revenue and accounts
receivable system provided by the contract, and to upgrade the automated remittance
processor in the City Treasurer's Office.
BE IT RESOLVED by the Council of the City of Roanoke that:
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1 . The City Manager is hereby authorized to execute Amendment No. 3 to
the City of Roanoke's contract with Manatron, Inc., dated July 31, 2007, which
increases the contract amount by $180,168.95, for a total contract amount of
$788,219,95, for the purpose of providing the City's Office of Real Estate Valuation,
the Department of Billings and Collections, the Commissioner of the Revenue's Office,
the City Treasurer's Office, and the Department of Technology, with the business and
technical services required to configure and implement the first phase of the multi-
departmental revenue and accounts receivable system provided by the contract, as well
as upgrading the automated remittance processor in the City Treasurer's Office, as
more particularly set forth in the letter of the City Manager to Council dated
November 16, 2009.
2. All documents shall be in a form approved by the City Attorney.
APPROVED
ATTEST:
~m.r.:J0av0
Stephanie M. Moon, CMC
City Clerk
5;P.Q:P~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2009.
No. 38645-111609.
AN ORDINANCE to appropriate additional funding from recreation program fees
for program activities, amending and reordaining certain sections of the 2009-2010
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 2009-2010 General Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
562
Appropriations
Program Activities-Tours and Travel 01-620-7110-2304 $100,000.00
Revenues
Tours and Travel 01-110-1234-1530 100,000.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~M. "o;bM:l
Stephanie M. Moon, CMC
City Clerk
" rJ("""V~......^,
~~~e __~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2009.
No. 38646-111609.
AN ORDINANCE to appropriate funding from local businesses and the Virginia
Municipal League (VML) for sponsoring Host City Night at the 2009 VML Conference
held in Roanoke, amending and reordaining certain sections of the 2009-2010 Civic
Facilities Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2009-2010 Civic Facilities Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
VML Conference Host City Night 05-550-2105-3068
Revenues
VML Conference Host City Night 05-110-1234-9612
$30,960,00
30,960.00
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Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is he'reby dispensed with.
APPROVED
ATTEST:
I~h-). ()~
Stephanie M. Moon, CM~
City Clerk
S)'Q~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2009.
No. 38647-111609.
A RESOLUTION adopting and endorsing a Legislative Program for the City to be
presented to the City's delegation to the 2010 Session of the General Assembly.
WHEREAS, the members of City Council are in a unique position to be aware of
the legislative needs of this City and its people;
WHEREAS, previous Legislative Programs of the City have been responsible for
improving the efficiency of local government and the quality of life for citizens of this
City;
WHEREAS, Council is desirous of again adopting and endorsing a Legislative
Program to be advocated by the Council and its representatives at the General
Assembly; and
WHEREAS, the Legislative Committee of City Council has by report, dated
November 16, 2009, recommended to Council a Legislative Program to be presented at
the 2010 Session of the General Assembly;
564
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as I
follows:
1. The Legislative Program transmitted by report of the Legislative Committee,
dated November16, 2009, is hereby adopted and endorsed by the Council as the City's
official Legislative Program for the 2010 Session of the General Assembly,
2. The Clerk is directed to issue cordial invitations to the City's Senator and
Delegates to the 2010Session of the General Assembly to attend Council's meeting
relating to legislative matters, to be held at 9:00 a,m., on December 7,2009.
APPROVED
ATTEST:
k~M'~b~
Stephanie M. Moon, CMC
City Clerk
~Qcg~
David A. Bowers !
I
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 16th day of November, 2009.
No. 38648-111609,
AN ORDINANCE to appropriate funding from the Commonwealth government
for various educational programs, amending and reordaining certain sections of the
2009-2010 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 2009-2010 School Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
I
565
I Appropriations
Teacher Salary 302-110-1305-0150-3470-61100-41121-3-01 $ 4,645.00
Social Security 302-110-1305-0150-3470-61100-42201-3-01 355.00
Education 302-110-0000-1000-3050-61100-41138-9-09 58,918.00
Coordinators
Retiree Health 302-110-0000-1000-3050-61100-42200-9-09 . 549.00
Credit
Social 302-110-0000-1000-3050-61100-42201-9-09 4,507,00
Security/FICA
Virginia Retirement 302-110-0000-1000-3050-61100-42202-9-09 8,136.00
System
State Group Life 302-110-0000-1000-3050-61100-42205-9-09 410.00
Insurance
Mileage 302-110-0000-1000-3050-61100-45551-9-09 1,000.00
Indirect Costs 302-110-0000-1000-3050-61100-45586-9-09 2,945.00
Instructional 302-110-0000-1000-3050-61100-46614-9-09 1 ,900.00
Supplies
Assessments 302-110-0000-1000-3050-61100-45584-9-09 3,000.00
Advertising 302-110-0000-1000-3050-61100-43361-9-09 1,000.00
Substitute 302-110-0000-1070-3160-61100-41021-3-09 (1,500.00)
Teachers
I Instructional Staff 302-110-0000-1070-3160-61100-41121-3-09 34,724.00
Supplements 302-110-0000-1070-3160-61100-41129-3-09 20,000.00
Clerical 302-110-0000-1070-3160-61100-41151-3-09 11,721.00
Retiree Health 302-110-0000-1070-3160-61100-42200-3-09 662.00
Credit
Social 302-110-0000-1070-3160-61100-42201-3-09 4,968.00
Security/FICA
Virginia Retirement 302-110-0000-1070-3160-61100-42202-3-09 10,933.00
System
Health/Dental 302-11 0-0000-1 070-3160-611 00-42204-3-09 4,440.00
Insurance
State Group Life 302-110-0000-1070-3160-61100-42205-3-09 340.00
Insurance
Related Services 302-110-0000-1070-3160-61100-43313-3-09 1,000.00
Mileage 302-110-0000-1070-3160-61100-45551-3-09 2,500.00
Indirect Costs 302-110-0000-1070-3160-61100-45586-3-09 3,322.00
Inservices 302-110-0000-1070-3160-61100-45587-3-09 (900.00)
Instructional 302-110-0000-1070-3160-61100-46614-3-09 (5,600.00)
Supplies
Art Supplies 302-110-1301-1070-3160-61100-46614-3-09 1,500.00
Music Supplies 302-110-1306-1070-3160-61100-46614-3-09 1 ,500.00
Textbooks 302-110-0000-1070-3160-61100-46620-3-09 (5,000.00)
I Technology 302-110-0000-1070-3160-61100-46650-3-09 27,600.00
566
Revenues
State Grant
Receipts
State Grant
Receipts
State Grant
Receipts
302-000-0000-0000-3470-00000-32400-0-00
5,000.00
82,365.00
302-000-0000-0000-3050-00000-32220-0-00
302-000-0000-0000-3160-00000-32220-0-00
112,210,00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~ f''rJ'lI100v0
Stephanie M. Moon, CMC I
City Clerk
~-Q ~...&....~
......P \..J.IO -..--- ~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2009.
No. 38649-111609.
A RESOLUTION appointing a Director of the Economic Development Authority of
the City of Roanoke.
WHEREAS, the Council is advised that there is a vacancy in the position of
Director of the Economic Development Authority of the City of Roanoke, Virginia; and
WHEREAS, 915.2-4904, Code of Virginia (1950), as amended, provides that
appointments made by the governing body of such Directors shall, be made for terms of
four (4) years.
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567
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that
Brian Redd is hereby appointed as a Director on the Board of Directors of the Economic
Development Authority of the City of Roanoke, Virginia, for a term commencing
November 16, 2009" and expiring October 20,2013.
APPROVED
ATTEST:
~ m.hy~
Stephanie M. Moon, CMC
City Clerk
~Q~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2009.
No. 38650-111609.
A RESOLUTION expressing the support of City Council for the efforts being
undertaken by the Virginia Sesquicentennial of the American Civil War Commission and
its local committee.
WHEREAS, the Virginia Sesquicentennial of the American Civil War Commission
(the "Commission") was created in 2006 by the General Assembly for the purpose of
preparing for and commemorating the 150th anniversary of Virginia's participation in the
American Civil War;
WHEREAS, the Commission has requested that each locality form a
sesquicentennial committee to aid in planning for the commemoration period;
WHEREAS, a sesquicentennial committee has been formed in the City of
Roanoke and the Historical Society of Western Virginia has been designated as the
lead agency for the committee for the Civil War Sesquicentennial, which begins in 2010-
2011 ;
WHEREAS, the local sesquicentennial committee will plan and coordinate
programs occurring within the City and communicate regularly with the Commission and
a regional committee which has been formed with representatives from nearby
localities; and
568
WHEREAS, Council wishes to support the Commission and its local committee in I
order to promote and commemorate this important historic milestone and to further
economic development and tourism in the City.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. Council hereby expresses its support for the Virginia Sesquicentennial
American Civil War Commission and its local committee in their efforts to commemorate
the 150th anniversary of Virginia's participation in the American Civil War.
2. Council recognizes the Historical Society of Western Virginia as the lead
agency for the local committee.
APPROVED
ATTEST:
~:.v hi. hJO()v-J
Stephanie M. Moon, CMd
City Clerk
9Q~
David A. Bowers I
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2009.
No. 38651-111609.
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 properties within the City, subject to certain
conditions proffered by the petitioner; and dispensing with the second reading of this
ordinance by title.
WHEREAS, Fralin Companies, Inc., has made application to the Council of the
City of Roanoke, Virginia ("City Council"), to have the hereinafter described properties
rezoned from R-7, Residential Single Family District, to MX, Mixed Use District, for uses
as permitted in the zoning district, subject to certain conditions;
I
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569
WHEREAS, the City Planning Commission, after giVing proper notice to all
concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to
City Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on October 22, 2009, 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 properties, and for those reasons, is of the opinion that the
hereinafter described properties should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax Nos. 5100527,5100528,5100535 and
5100534 located on Gatewood Avenue and McVitty Road, S, W., be, and are hereby
rezoned from R-7, Residential Single Family District, to MX, Mixed Use District, for uses
as permitted in the zoning district, subject to certain conditions proffered by the
petitioner, as set forth in the Zoning Amended Application No.2, dated September 22,
2009,
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,. :?)iM
Stephanie M. Moon, CMC
City Clerk
su00l~
David A. Bowers
Mayor
570
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 16th day of November, 2009.
No. 38652-111609.
AN ORDINANCE authorizing the City Manager to execute a lease agreement
with Min Shao, Va Hong Kong Restaurant, for approximately 748 square feet of space in
the City Market Building, for a month-to-month term, effective December 1, 2009, not
to exceed twelve (12) months; and dispensing with the second reading of this ordinance
by title.
WHEREAS, a public hearing was held on November 16, 2009, pursuant to
9915.2-1800 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 the City Clerk are hereby authorized, to execute
and attest, respectively, in a form approved by the CiW ~ttprney,an agreement with Min I
Shao, Va Hong Kong Restaurant, for the lease of approximately 748 square feet of
space in the City Market Building, located at 32 Market Square, Roanoke, Virginia, for a
food court business, for a month-to-month term, effective December 1, 2009, not to
exceed twelve (12) months, at a rental rate of $1,745.33 per month, upon certain terms
and conditions, and as more particularly described in the City Manager's letter to this
Council dated November 16, 2009.
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:
~ 1rJ, ~n<W
Stephanie M. Moon, CMC
City Clerk
S)'.OOf-+
David A. Bowers :
Mayor
I
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571
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of November, 2009.
No. 38653-111609.
AN ORDINANCE to appropriate funding to be provided by the Series 2010
Bonds to the Washington Park Pool Improvements project, amending and reordaining
certain sections of the 2009-2010 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 2009-2010 Capital Projects Fund Appropriations be, and the same are
hereby, amended, and reordained to read and provide as follows:
Appropriations
Washington Park Pool Improvements 08-620-9702-9328
Appropriated from 2010 Bond Funds 08-620-9764-9302
$(1,910,000.00)
1,910,000.00
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:
~~o':l~bGYV
City Clerk
::;;>'Q(j~,~
David A. Bowers
Mayor
'\' ','
"
572
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The ih day of December, 2009.
No. 38654-120709.
AN ORDINANCE authorizing the City Manager to execute the necessary
documents providing for the conveyance of 6.020 acres of City-owned property, to
Coyner Springs Community Cemetery, Inc., being located on Coyner Springs Road
(State Route 660) in eastern Botetourt County, Virginia, bearing Official Tax No.
108(9)4A, upon certain terms and conditions; and dispensing with the second reading of
this ordinance.
WHEREAS, a public hearing was held on December 7, 2009, 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. The City Manager and the City Clerk are hereby authorized, for and on I
behalf of the City, to execute and attest, respectively, the necessary documents
providing for the conveyance' of 6.020 acres of City-owned property, bearing Official
Tax NO.1 08(9)4A, to Coyner Springs Community Cemetery, Inc., reserving a right for
the City to use the cemetery for any indigent burials in the future, and the purchase
price of the property shall be the payment of any and all costs incurred by the City to
convey the property, including the cost incurred for the public hearing advertisement,
upon certain terms and conditions, and as more particularly shown on the map attached
to the City Manager's letter to this Council dated December 7,2009.
2. All documents necessary for this conveyance shall be in form approved by
the City Attorney.
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573
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:
~Or)"h\~
Stephanie M. Moon, CM~
City Clerk
S> ~0E:v---
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The ih day of December, 2009.
No. 38655-120709.
A RESOLUTION closing certain City offices Thursday, December 24, 2009, and
closing at noon Thursday, December 31, 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 Thursday, December 24, 2009,
and shall be closed at noon Thursday, December 31,2009.
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
Thursday, December 24,2009, and for four hours Thursday, December 31,2009.
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 Thursday, December 24, 2009, and at noon Thursday,
December 31, 2009, such employees, regardless of whether they are scheduled to work
Thursday, December 24, 2009, or Thursday, December 31, 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 eighteen hours of holiday time due to their work schedule for the two
holidays.
574
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:
~m o-oyrW
Stephanie M. Moon, CMC
City Clerk
~(d-'J ~,v"~
~~\.J1J4 - --
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The ih day of December, 2009.
No. 38656-120709.
AN ORDINANCE to appropriate funding from the Roanoke City School Board, for
the 21st Century Community Learning Centers workshops, amending and reordaining
certain sections of the 2009-2010 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 2009-2010 General Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
General Fund
Appropriations
Temporary Employee Wages-School
Workshops
School Workshops
Revenues
Community Learning Center Program
Charges
01-650-7310-1019
01-650-7310-2235
$24,000.00
4,000.00
01-110-1234-0888
28,000.00
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575
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~h;.MllW
Stephanie M. Moon, CMC ~
City Clerk
~ n/?r?~_.. ~
. --
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The ih day of December, 2009.
No. 38657-120709.
AN ORDINANCE amending and reordaining Section 21-205, Definitions, and.
Section 21-206, Noise disturbances-Prohibited generally, of Chapter 21, Offenses--
Miscellaneous, of the Code of the City of Roanoke (1979), as amended; and dispensing
with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 21-205, Definitions, and Section 21-206, Noise disturbances-
Prohibited generally, of Chapter 21, Offenses--Miscellaneous, of the Code of the City of
Roanoke (1979), as amended, are hereby amended and reordained to read and
provide as follows: .
Sec. 21-205. Definitions.
The following words, when used in this article, shall have the following
respective meanings, unless the context clearly indicates a different
meaning:
* * *
Noise disturbance means any sound which by its character, intensity and
duration:
576
(1) Endangers or injures the health or safety of persons within the city, or
annoys or disturbs persons within the city, and
(2) Can be heard clearly by a person using his or her unaided hearing
faculties. ,^.nnoys or disturbs reasonable persons of normal sensitivities
within the oity. Specific examples of prohibited noise disturbances are set
forth in Section 21-207 of this Code.
* * *
Sec. 21-206. Noise disturbances--Prohibited generally.
It shall be a Class 2 misdemeanor and a public nuisance for any person to
willfully make, permit, continue or cause to be made, permitted or
continued any noise disturbance, including those set forth in Section 21-
207.
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,.IY\UnvJ
Stephanie M. Moon, CMC ~
City Clerk
~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The ih day of December, 2009.
No. 38658-120709.
A RESOLUTION designating a Recovery Zone for purposes of the issuance of
Recovery Zone Economic Development Bonds pursuant to the American Recovery and
Reinvestment Act of 2009.
I
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577
WHEREAS, the American Recovery and Reinvestment Act of 2009 (ARRA)
authorizes the issuance of Recovery Zone Economic Redevelopment Bonds
(RZEDBs), in such amounts as may be allocated to be issued within specified localities,
which may be used for capital expenditures for public facilities and infrastructure;
WHEREAS, RZEDBs in the amount of $1,602,000.00 have been allocated for
issuance for use in the City of Roanoke within a designated Recovery Zone;
WHEREAS, the City may designate a Recovery Zone "in any reasonable manner
as it shall determine in good faith in its discretion" as long as such area, among other
possible criteria, is be found to be an area of "general distress;" and
WHEREAS, as recommended by a Selection Committee, the Director of Finance
has recommended that an area adjacent to both banks of the Roanoke River in the City
and within five hundred (500) feet of the normal high water mark of the river's banks be
designated as a Recovery Zone.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it
hereby finds that the area adjacent to both banks of the Roanoke River in the City and
within five hundred (500) feet of the normal high water mark of the river's banks is an
area of "general distress" within the meaning of the ARRA, and hereby designates such
area as a Recovery Zone, as that term is defined in the ARRA.
APPROVED
ATTEST:
~h1.:21W
Stephanie M. Moon, CMC
City Clerk
Qn<7:?~
D~\{~wers
Mayor
578
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The ih day of December, 2009.
No. 38659-120709.
A RESOLUTION designating the Roanoke River Flood Reduction Project to be
the recipient of funding for purposes of the issuance of Recovery Zone Economic
Development Bonds pursuant to the American Recovery and Reinvestment Act of 2009.
WHEREAS, the American Recovery and Reinvestment Act of 2009 (ARRA)
authorizes the issuance of Recovery Zone Economic Redevelopment Bonds
(RZEDBs), in such amounts as may be allocated to be issued within specified localities,
which may be used for capital expenditures for public facilities and infrastructure;
WHEREAS, RZEDBs in the amount of $1,602,000.00 have been allocated for
issuance for use in the City of Roanoke within a designated Recovery Zone;
WHEREAS, the City has designated an area adjacent to both banks of the
Roanoke River in the City and within five hundred (500) feet of the normal high water I
mark of the river's banks as a Recovery Zone; and
WHEREAS, as recommended by a Selection Committee, the Director of Finance
has recommended that the Roanoke River Flood Reduction Project be approved as the
recipient of funding financed by the RZEDBs to be issued in the City;
(
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it
hereby designates the Roanoke River Flood Reduction Project to be the recipient of
funding for purposes of the issuance of Recovery Zone Economic Development Bonds
pursuant to the American Recovery and Reinvestment Act of 2009.
APPROVED
ATTEST:
ht-L 1n:.:J~
Stephanie M. Moon, CMC
City Clerk
~"Q(J]--
David A. Bowers
Mayor
I
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579
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The ih day of December, 2009.
No. 38660-120709.
A RESOLUTION designating a Recovery Zone for purposes of the issuance of
Recovery Zone Facility Bonds pursuant to the American Recovery and Reinvestment
Act of 2009.
WHEREAS, the American Recovery and Reinvestment Act of 2009 (ARRA)
authorizes the issuance of Recovery Zone Facility Bonds (RZFBs), in such amounts as
may be allocated to be issued within specified localities, which may be used for the
private development of new projects that are constructed, reconstructed, renovated, or
acquired in an area that has been designated as a "recovery zone," after such zone has
been designated;
WHEREAS, RZFBs in the amount of $2,403,000.00 have been allocated for
issuance for use in the City of Roanoke within a designated Recovery Zone;
WHEREAS, the City may designate a Recovery Zone "in any reasonable manner
as it shall determine in good faith in its discretion" as long as such area, among other
possible criteria, is found to be an area of "general distress;"
WHEREAS, as recommended by a Selection Committee, the Director of Finance
has recommended that an area as defined by the boundaries of the currently
established State Enterprise Zone One A, and including such additional parcels
immediately adjacent to the boundaries of Enterprise Zone One A defined as Official
Tax Map Nos. 660103, 660105, 660106, 660121, 660122, 660123, and 660124, be
designated as a Recovery Zone.
580
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it
hereby finds that the area as defined by the boundaries of the currently established
State Enterprise Zone One A, and including such additional parcels immediately
adjacent to the boundaries of Enterprise Zone One A defined as Official Tax Map Nos.
660103,660105,660106,660121,660122,660123, and 660124 is an area of "general
distress", within the meaning of the ARRA, and hereby designates such area as a
Recovery Zone, as that term is defined in the ARRA.
APPROVED
ATTEST:
~'rn. M~unJ
Stephanie M. Moon, CMC';~
City Clerk
~QG7~
David A. Bowers
Mayor
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581
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2009.
No. 38661-122109.
A RESOLUTION naming Stanley G. Breakell as Roanoke's Citizen of the Year
for 2009.
WHEREAS, Mr. Breakell, a native Roanoker and graduate from the University of
Virginia, is the Chairman of the Board/CEO of Breakell Incorporated, General
Contractors, the firm co-founded by his father;
WHEREAS, Mr. Breakell has recognized the impact of construction upon the
environment and has devoted his career to finding solutions that foster environmental
stewardship through sustainable business and building practices, and his firm renovated
the first LEED-certified building in Roanoke and the second historic renovation project in
the State to be LEED-certified;
WHEREAS, Mr. Breakell is extremely active in the Roanoke community, serving
on numerous civic boards, including the Roanoke Public Library Advisory Board,
Roanoke Public Library Foundation, American Red Cross Board of Directors for the
Southwest Virginia region, Clean and Green Business Coalition, Citizens for Clean and
Green, Roanoke Valley Cool Cities Coalition, and the Western Virginia Land Trust;
WHEREAS, Mr. Breakell was involved in the development of the Roanoke
Regional Chamber of Commerce's green certified business evaluation protocol, which
will result in an official green certification for participating businesses;
WHEREAS, in his personal life, Mr. Breakell and his wife, Lauren, have
influenced many families to commit to home recycling, energy awareness, and energy
saving practices.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that
Stanley G. Breakell is named Citizen of the Year for 2009 in the City of Roanoke,
Virginia.
APPROVED
ATTEST:
~/VJ,~
Stephanie M. Moon, CMC
City Clerk
gQ0?0MM^^-
David A. Bowers
Mayor
582
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2009.
No. 38662-122109.
AN ORDINANCE amending and reordaining Sec. 10-24, Same--Votina place.
Code of the City of Roanoke (1979), as amended, to provide for the permanent
relocation of the polling location for the Jefferson-Riverdale Precinct; 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 following section of the Code of the City of Roanoke (1979), as
amended, is hereby amended and reordained to read and provide as follows:
910-24. Same - Votina place.
The 'Joting place in Jefferson Riverdale Preoinet chall be at the
Buena Vista Recreation Center, located in Jackson Park, in said
precinct.
The voting place in Jefferson-Riverdale Precinct shall be Jackson
Park Branch Library, 1101 Momingside Street, S. E.
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:
~iI7'::l'MJ
Stephanie M. Moon, CMC .
City Clerk
~QQ1~
David A. Bowers
Mayor
I
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583
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2009.
No. 38663-122109.
A RESOLUTION approving the design and placement of public art to be installed
in the Market Square Walkway Pedestrian Bridge.
WHEREAS, twenty-eight artists responded to the City's Request for Qualification
for a work of art to be installed in the Market Square Walkway Pedestrian Bridge;
WHEREAS, three finalists were interviewed by a Citizen Selection Panel; and
WHEREAS, the City's Arts Commission has recommended that the work of art
proposed by Edwin White be selected as the work to be installed in the Market Square
Walkway Pedestrian Bridge.
NOW THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke
approves the design of the work of art submitted by Edwin White and approves the
location of its installation in the Market Square Walkway Pedestrian Bridge, as
presented to Council on December 21,2009.
APPROVED
ATTEST:
.~fh.tnD\MJ
Stephanie M. Moon, CMC t
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2009.
No. 38664-122109.
A RESOLUTION accepting the funding for the Western Virginia Workforce
Development Board's Workforce Investment Act CWIA") program, and authorizing the
City Manager to execute the requisite documents necessary to accept the grant.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
584
1. The Western Virginia Workforce Development Board Workforce
Investment Act grant in the amount of $547,388.00, to be used during the period of
July 1, 2009 through June 30, 2011, for the purpose of administering the Workforce
Investment Act program for certain WIA client populations, as more particularly set out
in the City Manager's letter .dated December 21, 2009, to City Council, is hereby
ACCEPTED.
2. The City Manager is authorized to execute and file, on behalf of the City,
any documents required to accept such grant, in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information
as may be required in connection with the acceptance of the foregoing grant.
APPROVED
ATTEST:
~trJ. hibltr-v
Stephanie M. Moon, CM6
City Clerk
s:;QG7~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of December, 2009.
No. 38665-122109.
AN ORDINANCE to appropriate additional funding from the Commonwealth of
Virginia for the FY10 Workforce Investment Act Grant, amending and reordaining
certain sections of the 2009-2010 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 2009-2010 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-FICA
Administrative-Medical Insurance
35-633-2360-1002
35-633-2360-1 004
35-633-2360-11 05
35-633-2360-1120
35-633-2360-1125
$17,252.00
9,732.00
2,657.00
2,064.00
1,380.00
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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-I nsu rance
Administrative-Contract Services
Administrative-Leases
Administrative-Miscellaneous
Administrative-Telephone
Adult-Regular Employee Wages
Adult-Temporary Employee Wages
Adult-City Retirement
Adult-FSA Match
Adult-FICA
Adult-Medical Insurance
Adult-Dental Insurance
Adult-Life Insurance
Adult-Disability Insurance
Adult-Training and Development
Adult-Local Mileage
Adult-Food
Adult-Business Meals and Travel
Adult-Equipment Rental
Adult-Other Rental
Adult-Marketing
Adult-Supplies
Adult-Contract Services
Adult-Leases
Adult-Telephone
Dislocated Worker-Regular Employee Wages
Dislocated Worker-Temporary Employee Wages
Dislocated Worker-City Retirement
Dislocated Worker-FSA Match
Dislocated Worker-FICA
I
I
35-633-2360-1126
35-633-2360-1130
35-633-2360-1131
35-633-2360-2010
35-633-2360-2042
35-633-2360-2044
35-633-2360-2046
35-633-2360-2060
35-633-2360-2144
39-633-2360-3070
35-633-2360-3075
35-633-2360-8053
35-633-2360-8055
35-633-2360-8056
35-633-2360-8057
35-633-2360-8058
35-633-2360-8060
35-633-2360-8090
35-633-2361-1 002
35-633-2361-1004
35-633-2361-1105
35-633-2361-1118
35-633-2361-1120
35-633-2361-1125
35-633-2361-1126
35-633-2361-1130
35-633-2361-1131
35-633-2361-2044
35-633-2361-2046
35-633-2361-2060
35-633-2361-2144
35-633-2361-3070
35-633-2361-3075
35-633-2361-8053
35-633-2361-8055
35-633-2361-8057
35-633-2361-8058
35-633-2361-8090
35-633-2362-1 002
35-633-2362-1004
35-633-2362-1105
35-633-2362-1118
35-633-2362-1120
585
80.00
139.00
38.00
500.00
900.00
40.00
900.00
260.00
1,180.00
580.00
143.00
3,800.00
374.00
1,000.00
9,449.00
1,456.00
150.00
664.00
6,872.00
445.00
1,058.00
8.00
559.00
550.00
60.00
107.00
36.00
270.00
250.00
60.00
290.00
145.00
37.00
300.00
217.00
216,135.00
378.00
182.00
8,391.00
569.00
1 ,292.00
14.00
685.00
586
Dislocated Worker-Medical Insurance
Dislocated Worker-Dental Insurance
Dislocated Worker-Life Insurance
Dislocated Worker-Disability Insurance
Dislocated Worker-Training and Development
Dislocated Worker-Local Mileage
Dislocated Worker-Food
Dislocated Worker-Business Meals and Travel
Dislocated Worker-Equipment Rental
Dislocated Worker-Gther Rental
Dislocated Worker-Marketing
Dislocated Worker-Supplies
Dislocated Worker-Contract Services
Dislocated Worker-Leases
Dislocated Worker-Telephone
Revenues
Workforce Investment Act Grant FY10
35-633-2362-1125
35-633-2362-1126
35-633-2362-1130
35-633-2362-1131
35-633-2362-2044
35-633-2362-2046
35-633-2362-2060
35-633-2362-2144
35-633-2362-3070
35-633-2362-3075
35-633-2362-8053
35-633-2362-8055
35-633-2362-8057
35-633-2362-8058
35-633-2362-8090
35-633-2360-2360
884.00
44.00
69.00
30.00
240.00
150.00
60.00
330.00
134.00
33.00
200.00
287.00
250,789.00
336.00
154.00
I
547,388.00
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:
~ frI. h1~evJ
Stephanie M. Moon, CMC l
City Clerk
I
JYQ[J;?~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 sl day of December, 2009.
No. 38666-122109.
A RESOLUTION authorizing the appropriate City officials to amend the 2005-
2010 Consolidated Plan regarding the Property Acquisition Fund, the Housing
Rehabilitation Reserve, and the Hurt Park Collaboration - Homeownership activities,
and to submit and execute necessary documents to the U.S. Department of Housing.
and Urban Development (HUD).
I
I
I
I
587
BE IT RESOLVED by the Council of the City of Roanoke that the amendments to
the 2005-2010 Consolidated Plan regarding the Property Acquisition Fund, the Housing
Rehabilitation Reserve, and the Hurt Park Collaboration - Homeownership activities, as
more particularly set forth in the City Manager's letter dated December 21, 2009, to this
Council, are approved, and' the City Manager is hereby authorized to execute and
submit to HUD any necessary documents, to be approved as to form by the City
Attorney, such authorization subject to there being no compelling objections received
prior to the end of the public comment period.
APPROVED
ATTEST:
~Yr).~rwv
Stephanie M. Moon, CMC
City Clerk
QQ~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2009.
No. 38667-122109.
AN ORDINANCE to appropriate funding from the Parking Fund Retained
Earnings for installation of energy efficient LED lighting at the Market Garage, amending
and reordaining certain sections of the 2009-2010 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 2009-2010 Parking Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Fund Balance
Retained Earn ings-A vailable 07 -3348
Appropriations
Appropriated from General Revenue 07-540-8258-9003
$(38,000.00)
38,000.00
588
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:
~ (r).:;tw
Stephanie M. Moon, CMC
City Clerk
~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2009.
No. 38668-122109.
A RESOLUTION approving a Public Art Action Plan for 2010.
BE IT RESOLVED by the Council of the City of Roanoke that Council hereby I
approves the Public Art Action Plan for 2010 as outlined in the City Manager's report
dated December 21, 2009, as a part of the City's Public Art Policy.
APPROVED
ATTEST:
tHQ~ 11). ~~
Stephanie M. Moon, CMC
City Clerk
ID:JGJJ~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2009.
No. 38669-122109.
AN ORDINANCE to transfer funding from the Percent for the Arts project to
various new art projects, amending and reordaining certain sections of the 2009-2010 I
Capital . Projects Fund Appropriations and adding a certain section to such
Appropriations and dispensing with the second reading by title of this ordinance.
I
I
I
589
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2009-2010 Capital Projects Fund Appropriations be, and the same are
hereby, added, amended, and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
08-610-9929-9003
08-610-9942-9003
08-610-9943-9003
08-610-9944-9003 .
$(63,500.00)
34,000.00
3,000.00
26,500.00
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:
~h1.~w
Stephanie M. Moon, CMC
City Clerk
~
~~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2009.
No. 38670-122109.
AN ORDINANCE to appropriate funding to be provided by the Series 2010
Bonds and to transfer funding from the Monterey Renovation project to various School
roofing projects, amending and reordaining certain sections of the 2009-2010 School
Capital Projects Fund Appropriations and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2009-2010 School Capital Projects Fund Appropriations be, and the
same are hereby, amended and reordained to read and provide as follows:
590
Appropriations
Schools
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated t'rom 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from 2010 Bond Funds
Appropriated from Literary LoanNPSA
Appropriated from Literary LoanNPSA
Appropriated from Literary LoanNPSA
31-060-9705-9182
31-065-6045-9302
31-065-6046-9302
31-065-6047-9302
31-065-6048-9302
31-065-6049-9302
31-065-6050-9302
31 -065-6051-9302
31-065-6052-9302
31 -065-6053-9302
31-065-6054-9302
31-065-6055-9302
31-065-6074-9006
31-065-6091-9006
31-065-6092-9006
$(2,500,000.00)
137,792.00
472,031.00
197,411.00
21,665.00
269,904.00
79,258.00
58,031.00
563,644.00
150,351.00
203,312.00
346,601.00
(12,897.00)
5,790.00
7,107.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~~hJ.~
Stephanie M. Moon, CMC
City Clerk
~QOJ~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21 st day of December, 2009.
No. 38671-122109.
AN ORDINANCE to appropriate funding from the Roanoke Redevelopment and
Housing Authority for the Adult Basic Education program, amending and reordaining
certain sections of the 2009-2010 School Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
I
I
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2009-2010 School Fund Appropriations be, and the same are hereby, I
amended and reordained to read and provide as follows:
I
I
I
591
Appropriations
Teachers 302-160-0000-1304-101 C-611 00-41121-9-07
Revenues
Other Agency Receipts 302-000-0000-0000-101 C-00000-33808-0-00
$375.00
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:
~m.~
Stephanie M. Moon, CMC
City Clerk
9Q~
David A. Bowers
Mayor
IN THE COUNCIL FOR THE CITY OF ROANOKE; VIRGINIA,
The 21 st day of December, 2009.
No. 38672-122109.
A RESOLUTION electing and appointing Christopher P. Morrill as Clt}f'Manager
for the City of Roanoke, and ratifying the terms and conditions of employment as City
Manager offered to Mr. Morrill.
WHEREAS, the City Council desires to elect and appoint Christopher P. Morrill
as Roanoke City Manager pursuant to the Roanoke Charter of 1952;
WHEREAS, Christopher P. Morrill has agreed to accept election and
appointment as City Manager.
NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. Christopher P. Morrill is hereby elected and appointed as City Manager of
the City of Roanoke effective March 1, 2010, or such earlier date that he may be able to
assume such position.
2. The terms and conditions of Mr. Morrill's election and appointment as City
Manager shall be as hereinafter set forth:
592
(a)
His annual salary shall be $170,000.00 payable bi-weekly;
I
(b) Beginning the first pay day after July 1, 2010, the City shall pay
annually quarterly on behalf of Mr. Morrill the sum of $3,750.00 to
the International City Management Association-Retirement
Corporation (ICMA-RC) for Mr. Morrill's participation in such ICMA-
RC retirement plan, and the City shall execute any necessary
agreements to provide for such payment;
(c) Recognizing that the job requirements of City Manager routinely
require the use of an automobile in the conduct of official City
business, Mr. Morrill shall be provided a car allowance of $500.00
per month, and a monthly cell phone allowance of $75.00, unless
the City provides Mr. Morrill with such a telephone;
(d) The City shall put into force on Mr. Morrill's behalf a disability
insurance policy providing income benefits equivalent to
approximately seventy percent (70%) of his net salary for the
duration of any disability and make required premium payments
thereon;
(e)
Mr. Morrill shall receive reimbursement for three trips to Roanoke
for house-hunting and resettlement purposes;
I
(f) The City shall provide through payroll reimbursement for moving
expenses based upon the lowest of three estimates;
(g) The City shall reimburse Mr. Morrill for his family's temporary
reasonable lodging expenses in the City, if necessary, until July 1,
2010. Such lodging arrangements shall be pre-approved by the
City;
(h) Mr. Morrill shall receive paid leave accrual (vacation) equivalent to
a ten-year employee pursuant to 92-54 of the Code of the City of
Roanoke (1979), as amended, and two (2) weeks accrued leave as
of his start date;
(i) Mr. Morrill shall receive extended illness leave accrual (sick leave)
at the rate of six (6) hours per month pursuant to 99 2-55 and 2-56
of the Code of the City of Roanoke (1979), as amended;
I
I
I
I
593
0)
If the employment of Mr. Morrill is terminated at any time during his
first two years of employment with the City (except if terminated for
malfeasance or conviction of a crime), he shall be paid all salary
and deferred compensation that would otherwise have been paid.
by the City to him for a period of one year after such termination; if
terminated after two years, Mr. Morrill shall receive six (6) months
salary and deferred compensation; and
(k)
With respect to benefits and terms and conditions of employment
not enumerated in this resolution, .Mr. Morrill 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. Mr. Morrill will make arrangements to qualify for office by taking the
required oath of office as soon as practicable.
APPROVED
ATTEST:
ktQ~m~
Stephanie M. Moon, CMC
City Clerk
3~
David A. Bowers
. Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of December, 2009.
No. 38673-122109.
AN ORDINANCE accepting the bid of 204 Jefferson Condominium Owners
Association to execute a twenty (20) year Lease Agreement to lease Air Rights above
City owned property between the City's Center in the Square Garage and the 204
Jefferson Street Building, upon certain terms and conditions; authorizing the City
Manager to execute such a Lease Agreement; authorizing the City Manager to take
such further action and execute such further documents as may be necessary to
implement, administer, and enforce such Lease Agreement; and dispensing with the
second reading by title of this Ordinance.
WHEREAS, the City has, by advertisements published once a week for two
successive weeks in a paper of general circulation published in the City, publicly invited
bids for the execution of a twenty (20) year Lease Agreement to lease Air Rights above
City owned property as set forth above;
594
WHEREAS, on December 21, 2009, 204 Jefferson Condominium Owners
Association submitted the only bid to the City for the execution of a twenty (20) year
Lease Agreement to lease Air Rights above City owned property between the City's
Center in the Square Garage and the 204 Jefferson Street Building (204 Building or
Colonial Arms Building) in order to allow for the continued connection of a pedestrian
bridge to connect the City's Center in the Square Garage to the 204 Building upon
substantially the same terms as contained in the proposed Lease Agreement that was
on file in the City's Clerk's Office;
I
WHEREAS, the matter was referred to the City Manager for review, evaluation,
and to meet with the bidder (204 Jefferson Condominium Owners Association) to
finalize the terms and conditions for such Lease Agreement;
WHEREAS, discussions between the City Manager and 204 Jefferson
Condominium Owners Association have resulted in a Lease Agreement that provides
for the lease of City Air Rights above City owned property between the City's Center in
the Square Garage and the 204 Building in order to provide for the continued
connection of the pedestrian bridge connecting those buildings and for the complete
and proper maintenance, operation, and/or replacement of such pedestrian bridge,
upon certain terms and conditions, for a period of twenty (20) years, starting on April 1,
2010, and ending at midnight on March 31,2030, unless sooner terminated as provided
for in such Lease Agreement or in accordance with the law;
I
WHEREAS, the City Manager recommends that Council accept the bid of 204
Jefferson Condominium Owners Association and approve the execution of such Lease
Agreement, a copy of which is attached to the City Manager's letter to Council dated
December 21,2009;
WHEREAS, after proper and timely notice as required by the Code of Virginia,
Council held a Public Hearing on this matter at its meeting on December 21, 2009, at
which hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed Lease Agreement; and
WHEREAS, Council determined that the bid of 204 Jefferson Condominium
Owners Association to execute a Lease Agreement as set forth above, upon certain
terms and conditions, was a responsive and responsible bid received by the City and
Council desires to accept such bid.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
I
I
I
I
595
1 . Council accepts the bid of 204 Jefferson Condominium Owners
Association and hereby makes an award for the lease of the above mentioned City's Air
Rights to 204 Jefferson Condominium Owners Association, subject to certain terms and
conditions as further noted in the City Manager's letter dated December 21, 2009, to
this Council. Council further finds that it will be in the best interest of the City to award
the lease of the above mentioned City Air Rights as set forth in the proposed Lease
Agreement and will help in promoting economic development in downtown Roanoke.
2. The City Manager is authorized to execute a twenty (20) year Lease
Agreement between the City and 204 Jefferson Condominium Owners Association that
provides for 204 Jefferson Condominium Owners Association to be responsible for the
complete and proper maintenance, operation, and/or replacement of the pedestrian
bridge connecting the City's Center in the Square Garage to the 204 Building, including
the bridge's proper connection to such building, and that such Lease Agreement 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 Lease Agreement referred to above shall be for a term of twenty (20)
years, starting on April 1, 2010, and ending at midnight on March 31, 2030, unless
sooner terminated as provided for in such Lease Agreement or in accordance with the
law.
4. The City Manager is further authorized to take such further actions and to
execute such further documents as may be necessary to implement, administer, and
enforce such Lease Agreement, which includes, but is not limited to, any needed
modifications to such Lease Agreement.
5. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this Ordinance by title is hereby dispensed with.
APPROVED
ATTEST:
~'rn. :1Q~
Stephanie M. Moon, CMC
City Clerk
9f2@l~
David A. Bowers
Mayor
596
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
I
The 21 st day of December, 2009.
No. 38674-122109.
AN ORDINANCE accepting the bid of 204 Jefferson Condominium Owners
Association to execute a twenty (20) year Parking License Agreement to obtain twenty
(20) Reserved Parking Permits for the exclusive use of certain designated spaces in the
City's. Center in the Square Garage, upon certain terms and conditions; authorizing the
City Manager to execute such a Parking License Agreement; authorizing the City
Manager to take such further action and execute such further documents as may be
necessary to implement, administer, and enforce such Parking License Agreement; and
. dispensing with the second reading by title of this Ordinance.
WHEREAS, the City has, by advertisements published once a week for two
successive weeks in a paper of general circulation published in the City, publicly invited
bids for the execution of a twenty (20) year Parking License Agreement for the purposes
mentioned above;
WHEREAS, on December 21, 2009, 204 Jefferson Condominium Owners
Association submitted the only bid to the City for the execution of a twenty (20) year
Parking License Agreement for the purposes mentioned above upon substantially the
same terms as contained in the proposed Parking License Agreement that was on file in
the City's Clerk's Office;
I
WHEREAS, the matter was referred to the City Manager for review, evaluation,
and to meet with the bidder (204 Jefferson Condominium Owners Association) to
finalize the terms and conditions for such Parking License Agreement;
WHEREAS, discussions between the City Manager and 204 Jefferson
Condominium Owners Association have resulted in a Parking License Agreement that
provides for the Licensee to obtain twenty (20) Reserved Parking Permits in the City's
Center in the Square Garage in order to allow the Licensee's (including Licensee's
members) exclusive use of certain designated spaces in such Garage so that the
residents of the condominiums located in the 204 Jefferson Street Building, which has a
pedestrian bridge connecting such Building to the Garage, can use such Parking
Permits, upon certain terms and conditions, for a period of twenty (20) years, starting on
April 1, 2010, and ending at midnight on March 31, 2030, unless sooner terminated as
provided for in such Parking License Agreement or in accordance with the law;
WHEREAS, the City Manager recommends that Council accept the bid of 204
Jefferson Condominium Owners Association and approve the execution of such Parking I
License Agreement, a copy of which is attached to the City Manager's letter to Council
dated December 21 , 2009;
I
I
I
597
WHEREAS, after proper and timely notice as required by the Code of Virginia,
Council held a Public Hearing on this matter at its meeting on December 21, 2009, at
which hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed Parking License Agreement; and
WHEREAS, Council determined that the bid of 204 Jefferson Condominium
Owners Association to execute a Parking License Agreement as set forth above, upon
certain terms and conditions, was a responsive and responsible bid received by the City
and Council desires to accept such bid.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. Council accepts the bid of 204 Jefferson Condominium Owners
Association and hereby makes an award for the Parking License Agreement to 204
Jefferson Condominium Owners Association, subject to certain terms and conditions as
further noted in the City Manager's letter dated December 21, 2009, to this Council.
Council further finds that it will be in the best interest of the City to award the Parking
License Agreement as set forth above and will help in promoting economic development
in downtown Roanoke.
2. The City Manager is authorized to execute a twenty (20) year Parking
License Agreement between the City and 204 Jefferson Condominium Owners
Association that provides for 204 Jefferson Condominium Owners Association to obtain
twenty (20) Reserved Parking Permits in the City's Center in the Square Garage for the
purposes set forth above and subject to the terms of the Parking License Agreement,
which Agreement 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 Parking License Agreement referred to above shall be for a term of
twenty (20) years, starting on April 1, 2010, and ending at midnight on March 31, 2030,
unless sooner terminated as provided for in such Parking License Agreement or in
accordance with the law.
4. The City Manager is further authorized to take such further actions and to
execute such further documents as may be necessary to implement, administer, and
enforce such Parking License Agreement, which includes, but is not limited to, any
needed modifications to such Parking License Agreement.
598
5. 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:
~f0 t~
Stephanie M. Moon, c~
City Clerk
:J){;CJj~
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of December, 2009.
No. 38675-122109.
AN ORDINANCE exempting from real estate property taxation certain property of
the Big Brothers Big Sisters of Southwest Virginia, Inc., located in the City of Roanoke,
an organization devoted exclusively to charitable or benevolent purposes on a non-profit I
basis; providing for an effective date; and dispensing with the second reading by title of
this ordinance.
WHEREAS, Big Brothers Big Sisters of Southwest Virginia, Inc., (hereinafter "the
Applicant"), has petitioned this Council to exempt certain real property of the Applicant
from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to be heard
with respect to the Applicant's petition was held by Council on December 21,2009;
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. 2012914, 2012915, and 2016916, commonly
known as 124 Wells Avenue, N. W. (the "Property"), and owned by the Applicant, and
providing that the Property shall be used by the Applicant exclusively for charitable or
benevolent purposes on a non-profit basis; and
I
I
I
I
599
WHEREAS, in consideration of Council's adoption of this Ordinance, the
Applicant has voluntarily agreed to pay each year a service charge in an amount equal
to twenty percent (20%) of the City of Roanoke's real estate tax levy which would be
applicable to the Property were the Property not exempt from such taxation, for so long
as the Property is exempted from such taxation.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1 . Council classifies and designates the Big Brothers Big Sisters of
Southwest Virginia, Inc., as a charitable or benevolent organization within the context of
Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real
estate taxation certain real estate, identified by Roanoke City Tax Map Nos. 2012914,
2012915, and 2012916, commonly known as 124 Wells Avenue, N. W., and owned by
the Applicant, which property is used exclusively for charitable or benevolent purposes
on a non-profit basis; continuance of this exemption shall be contingent on the
continued use of the property in accordance with the purposes which the Applicant has
designated in this Ordinance.
2. In consideration of Council's adoption of this Ordinance, the Applicant
agrees to pay to the City of Roanoke on or before October 5 of each year a service
charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate
tax levy which would be applicable to the Property, were the Property not exempt from
such taxation, for so long as the Property is exempted from such taxation.
3. This Ordinance shall be in full force and effect on January 1, 2010, if by
such time a copy, duly executed by an authorized officer of the Applicant, has been filed
with the City Clerk.
4. The City Clerk is directed to forward an attested copy of this Ordinance,
after it is properly executed by the Applicant, to the Commissioner of the Revenue and
the City Treasurer for purposes of assessment and collection, respectively, of the
service charge established by this Ordinance, and to Sheila Andrews, CEO and
President, and the authorized agent of Big Brothers Big Sisters of Southwest Virginia,
Inc.
5. Pursuant to Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
600
ACCEPTED, AGREED TO AND EXECUTED by Big Brothers Big Sisters of I
Southwest Virginia, Inc., this _ day of ,2009.
Big Brothers Big Sisters of Southwest Virginia, Inc.
By
(SEAL)
Printed Name and Title
APPROVED
ATTEST:
AtfL frJ. maw
Stephanie M. Moon, CMC ~.
City Clerk '
9@~'
David A. Bowers
Mayor
I
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